BILL NUMBER: AB 1101	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 17, 2015
	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,   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. The bill  also  would
require the policy  to   to, among other things,
identify the circumstances upon which the school district may
initiate an inve   stigation, describe the investigatory
methods that may be used, including whether the school district will
be employing the services of a private investigator,  prohibit
the surreptitious photographing of pupils who are being 
investigated.   investigated, and provide for an appeal
process, as specified.  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  do all of the
following: 
    (1)     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 describe

    (2)     (A)     Describe
 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.  The policy shall prohibit  
   (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. 
    (3)     Prohibit  the surreptitious
photographing of pupils who are being investigated. 
   (c) The policy shall require 
    (4)     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. 
   (d) The policy shall provide 
    (5)     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.

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