Amended in Assembly May 5, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1101

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 amended, Bonilla. Pupil school enrollment: residency requirements: begin delete investigation. end delete begin insert policy on investigations. end insert

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 begin delete district. end delete begin insert district before investigating any pupils. The bill also would require the policy to prohibit the surreptitious photographing of pupils who are being investigated. end insert 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
begin delete district. end delete begin insert district before investigating any pupils. end insert

(b) The policy shall begin insert identify the circumstances upon which the
school district may initiate an investigation, which shall, at a
minimum, require the school district employee to be able to identify
specific, articulable facts supporting the belief that the parent or
legal guardian of the pupil has provided false or unreliable
evidence of residency. The policy shall end insert provide for written
notification of a pupil’s parent or legal guardian when a pupil is
identified as being subject to investigation under this begin delete section. end delete
begin insert section and shall provide that such notification specify the basis
for the reasonable belief supporting the need for the investigation. end insert
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 begin insert the policy end insert shall describe the
investigatory methods that may be used by the school district in
the conduct of the investigation. begin insert The policy shall prohibit the
surreptitious photographing of pupils who are being investigated. end insert

(c) The begin insert written end insert notice shall include begin delete school district end delete begin insert the school
district’s end insert 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
begin delete appealed. end delete begin insert appealed, and shall specify the basis for that
determination. end insert 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.