Current as of January 01, 2019 | Updated by FindLaw Staff
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(a) Subject to an appropriation of funds for this purpose in the annual Budget Act, the State Department of Social Services shall administer the California Newcomer Education and Well-Being Program (CalNEW) to provide services for refugees, unaccompanied undocumented minors, and immigrant families. The department shall allocate funding to school districts with significant numbers of refugee pupils and unaccompanied undocumented minors, or a significant population of English learner pupils. The department shall have sole discretion to determine which school districts and services to fund.
(b) Subject to an appropriation of funds for this purpose in the annual Budget Act, the department shall contract to conduct a formal evaluation of the services provided pursuant to subdivision (a).
(c) For purposes of this section, the following definitions apply:
(1) “English learner” has the same meaning as defined in Section 306 of the Education Code.
(2) “Immigrant families” means families with household members and immediate relatives of pupils in which one or more of the members or relatives are not United States citizens.
(3) “Refugee” means populations eligible to receive benefits and services from the federal Office of Refugee Resettlement, an office of the Administration for Children and Families within the United States Department of Health and Human Services.
(4) “Unaccompanied undocumented minors” has the same meaning as unaccompanied alien children, as defined in Section 279(g)(2) of Title 6 of the United States Code.
(d) In accordance with Section 1621(d) of Title 8 of the United States Code, this section provides services for undocumented persons.
(e) Notwithstanding any other law:
(1) Contracts or grants awarded pursuant to this chapter shall be exempt from the personal services contracting requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code.
(2) Contracts or grants awarded pursuant to this chapter shall be exempt from the Public Contract Code and the State Contracting Manual, and shall not be subject to the approval of the Department of General Services.
(a) Competitive temporary appointments. In accordance with the time limits in § 316.401, an agency may make a temporary appointment under part 332 of this chapter, by using competitive procedures, or under part 337 of this chapter, by using direct-hire procedures, as appropriate.
(b) Noncompetitive temporary appointments. In accordance with the time limits in § 316.401, an agency may give a noncompetitive temporary appointment, without regard to the requirements of parts 332 and 333 of this chapter, to an individual who is qualified for the position and who is eligible for:
(1) Reinstatement under § 315.401 of this chapter;
(2) Veterans recruitment appointment under § 307.103 of this chapter. Temporary limited appointments under this section are permitted only at the grade levels authorized for VRA appointments. Such appointments are not VRA appointments and do not lead to conversion to career-conditional appointment;
(3) Career-conditional appointment under § 315.601, 315.604, 315.605, 315.606, 315.607, 315.608, 315.609, 315.612, 315.703, or 315.711 of this chapter;
(4) Appointment under 5 U.S.C. 3112 (veterans with compensable service-connected disability of 30 percent of more). The disability must be documented by a notice of retirement or discharge due to service-connected disability from active military service dated at any time, or by a notice of compensable disability rating from the Department of Veterans Affairs, dated 1991 or later;
(5) Appointment under 31 U.S.C. 732(g) for current and former employees of the General Accounting Office;
(6) Appointment under 28 U.S.C. 602 for current and former employees of the Administrative Office of the U.S. Courts;
(7) Reappointment on the basis of being a former temporary employee of the agency who was originally appointed from a certificate of eligibles or under the provisions of part 333 of this chapter. An agency may not reappoint a former temporary employee if the individual has already served the maximum time allowed in § 316.401 or if the position has been filled under temporary appointment for the maximum time allowed in § 316.401. Reappointment must be to the same position or another position appropriate for temporary appointment with the same qualification requirements;
(8) Reappointment on the basis of being a former temporary employee who was originally appointed from a certificate of eligibles or under the provisions of part 333 of this chapter and who sustained a compensable injury while serving on the temporary appointment. Reappointment must be to the same position or another position appropriate for temporary appointment with the same qualification requirements. If the compensable injury disqualifies the former individual from performing such a position, reappointment may be to any position for which the individual is qualified. Reappointment must be for a minimum of 120 days.
(c) Extension of temporary appointments. An individual who receives a valid temporary appointment will be eligible for an extension in accordance with § 316.401 even if his or her eligibility for noncompetitive appointment expires or is lost during the authorized period of temporary employment.
Cite this article: FindLaw.com - California Code, Welfare and Institutions Code - WIC § 13265 - last updated January 01, 2019 | https://codes.findlaw.com/ca/welfare-and-institutions-code/wic-sect-13265.html
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