BILL NUMBER: AB 1101	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 5, 2015

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:  investigation.   policy on
investigations. 
   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.   district before investigating any
pupils. The bill also would require the policy to prohibit the
surreptitious photographing of pupils who are being investigated.
 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.   district before investigating any
pupils. 
   (b) The policy shall  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  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.   section and shall provide that such
notification specify the basis for the reasonable belief supporting
the need for the investigation.  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
 the policy  shall describe the investigatory methods that
may be used by the school district in the conduct of the
investigation.  The policy shall prohibit the surreptitious
photographing of pupils who are being investigated. 
   (c) The  written  notice shall include  school
district   the school district's  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.   appealed, and shall specify the
basis for that determination.  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.