BILL NUMBER: AB 1101	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 20, 2015
	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: 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 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 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 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.   investigation,
including whether the school district will be employing the services
of a private investigator.  The policy shall prohibit the
surreptitious photographing of pupils who are being investigated.

   (c) The written notice shall include 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) 
    (c)  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) 
    (d)  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, 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) 
    (e)  The policy required pursuant to this section shall
be adopted at a public meeting of the governing board of the school
district.