BILL NUMBER: AB 1101 INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Bonilla FEBRUARY 27, 2015 An act to add Section 48204.2 to the Education Code, relating to pupil school enrollment. LEGISLATIVE COUNSEL'S DIGEST 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 1. Section 48204.2 is added to the Education Code, to read: 48204.2. (a) If a school district elects to undertake an investigation pursuant to subdivision (c) of Section 48204.1, the governing board of the school district shall adopt a policy regarding the investigation of a pupil to determine whether the pupil meets the residency requirements for school attendance in the school district. (b) The policy shall provide for written notification of a pupil's parent or legal guardian when a pupil is identified as being subject to investigation under this section. The policy shall provide that notification of a pupil's parent or legal guardian shall occur at least five business days before the start of the investigation, and shall describe the investigatory methods that may be used by the school district in the conduct of the investigation. (c) The notice shall include school district contact information, which a pupil's parent or legal guardian may use to request information from or provide information to the school district regarding the investigation. (d) The policy shall require that employees and contractors of the school district engaged in the investigation must identify themselves truthfully as such to individuals contacted or interviewed during the course of the investigation. (e) The policy shall provide a process whereby the determination of a school district as to whether a pupil meets the residency requirements for school attendance in the school district may be appealed. If an appeal is made, the burden shall be on the appealing party to show why the decision of the school district should be overruled. (f) The policy required pursuant to this section shall be adopted at a public meeting of the governing board of the school district.