AB 1101, as introduced, Bonilla. Pupil school enrollment: residency requirements: investigation.
Existing law requires each person between 6 and 18 years of age not otherwise exempted to attend the public full-time day school or continuation school or classes in the school district where the person’s parent or legal guardian is located. Existing law provides that a pupil is deemed to have complied with the residency requirements for school attendance in a school district if the pupil satisfies one of specified requirements. Existing law also specifies a nonexhaustive list of reasonable evidence that a school district is required to accept from a parent or legal guardian of a pupil as proof that the pupil satisfies the residency requirements for attendance in the school district. Existing law authorizes a school district to make reasonable efforts to determine that a pupil actually meets the residency requirements, as specified, if an employee of the school district reasonably believes that the parent or legal guardian of the pupil has provided false or unreliable evidence of residency.
This bill would, if a school district elects to undertake an investigation, as specified, require the governing board of the school district to adopt a policy, containing specified information, regarding the investigation of a pupil to determine whether the pupil meets the residency requirements for school attendance in the school district. The bill would require the policy to be adopted at a public meeting of the governing board of the school district.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 48204.2 is added to the Education Code,
2to read:
(a) If a school district elects to undertake an
4investigation pursuant to subdivision (c) of Section 48204.1, the
5governing board of the school district shall adopt a policy regarding
6the investigation of a pupil to determine whether the pupil meets
7the residency requirements for school attendance in the school
8district.
9(b) The policy shall provide for written notification of a pupil’s
10parent or legal guardian when a pupil is identified as being subject
11to investigation under this section. The policy shall provide that
12notification of a pupil’s parent or legal guardian shall occur at least
13five business days before the start of the investigation, and shall
14describe the investigatory methods that may be used by the school
15district in the
conduct of the investigation.
16(c) The notice shall include school district contact information,
17which a pupil’s parent or legal guardian may use to request
18information from or provide information to the school district
19regarding the investigation.
20(d) The policy shall require that employees and contractors of
21the school district engaged in the investigation must identify
22themselves truthfully as such to individuals contacted or
23interviewed during the course of the investigation.
24(e) The policy shall provide a process whereby the determination
25of a school district as to whether a pupil meets the residency
26requirements for school attendance in the school district may be
27appealed. If an appeal is made, the burden shall be on the appealing
28party to show why the decision of the school district should be
29overruled.
P3 1(f) The policy required pursuant to this section shall be adopted
2at a public meeting of the governing board of the school district.
O
99