AB 1101, as amended, Bonilla. Pupil school enrollment: residency requirements: 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 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 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 before investigating any pupils.
9(b) The policy shall identify the circumstances upon which the
10school district may initiate an investigation, which shall, at a
11minimum, require the school district employee to be able to identify
12specific, articulable facts supporting the belief that the parent or
13legal guardian of the pupil has provided false or unreliable evidence
14
of residency. Thebegin delete policy shall provide for written notification of
15a pupil’s parent or legal guardian when a pupil is identified as
16being subject to investigation under this section and shall provide
17that such notification specify the basis for the reasonable belief
18supporting the need for the investigation.
The policy shall provide
19that notification of a pupil’s parent or legal guardian shall occur
20at least five business days before the start of the investigation, and
21theend delete
22used by the school district in the conduct of thebegin delete investigation.end delete
23begin insert investigation, including whether the school district will be
24employing the services of a private investigator.end insert The policy shall
25prohibit the surreptitious photographing of pupils who are being
26investigated.
P3 1(c) The written notice shall include
the school district’s contact
2information, which a pupil’s parent or legal guardian may use to
3request information from or provide information to the school
4district regarding the investigation.
5(d)
end delete
6begin insert(c)end insert The policy shall require that employees and contractors of
7the school district engaged in the investigation must identify
8themselves truthfully as such to individuals contacted or
9interviewed during the course of the investigation.
10(e)
end delete
11begin insert(d)end insert The policy shall provide a process whereby the determination
12of a school district as to whether a pupil meets the residency
13requirements for school attendance in the school district may be
14
appealed, and shall specify the basis for that determination. If an
15appeal is made, the burden shall be on the appealing party to show
16why the decision of the school district should be overruled.
17(f)
end delete
18begin insert(e)end insert The policy required pursuant to this section shall be adopted
19at a public meeting of the governing board of the school district.
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