Amended in Senate June 17, 2015

Amended in Assembly May 20, 2015

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: 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 begin delete policy, containing specified information, end delete begin insert policy end insert 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 begin delete also end delete would require the policy begin delete to end delete begin insert to, among other things, identify the circumstances upon which the school district may initiate an investigation, describe the investigatory methods that may be used, including whether the school district will be employing the services of a private investigator, end insert prohibit the surreptitious photographing of pupils who are being begin delete investigated. end delete begin insert investigated, and provide for an appeal process, as specified. 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
district before investigating any pupils.

(b) The policy shall begin delete identify end delete begin insert do all of the following: end insert

begin insert (1) end insert begin insert   end insert begin insert Identify end insert 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. begin delete The policy shall describe end delete

begin insert (2) end insert begin insert   end insert begin insert (A) end insert begin insert   end insert begin insert Describe end insert the investigatory methods that may be used
by the school district in the conduct of the investigation, including
whether the school district will be employing the services of a
private investigator. begin delete The policy shall prohibit end delete

begin insert

(B) Before hiring a private investigator, the policy shall require
the school district to make reasonable efforts to determine whether
the pupil resides in the school district.

end insert

begin insert (3) end insert begin insert   end insert begin insert Prohibit end insert the surreptitious photographing of pupils who are
being investigated.

begin delete

(c) The policy shall require

end delete

begin insert (4) end insert begin insert   end insert begin insert Require end insert 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.

begin delete

(d) The policy shall provide

end delete

begin insert (5) end insert begin insert   end insert begin insert Provide end insert 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.

begin delete

(e)

end delete

begin insert (c) end insert  The policy required pursuant to this section shall be adopted
at a public meeting of the governing board of the school district.