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.