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 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 would require the policy 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, prohibit the surreptitious photographingbegin insert or video-recordingend insert of pupils who are being investigatedbegin insert, as providedend insert, 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 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 do all of the following:
10
(1) Identify the circumstances upon which the school district
11may initiate an investigation, which shall, at a minimum, require
12the school district employee to be able to identify specific,
13articulable facts supporting the belief that the parent or legal
14guardian of the pupil has provided false or unreliable evidence of
15residency.
16 (2) (A) Describe the investigatory methods that may be used
17by the school district in the conduct of the investigation, including
18whether the school district will be employing the services of a
19private investigator.
P3 1(B) Before hiring a private investigator, the policy shall require
2the school district to make reasonable efforts to determine whether
3the pupil resides in the school district.
4(3) Prohibit the surreptitious photographing of pupils who are
5being investigated.
6(3) Prohibit the surreptitious photographing or video-recording
7of pupils who are being investigated. For purposes of this
8paragraph, “surreptitious photographing or video-recording”
9means the covert collection of photographic or videographic
10images of person or places subject to an investigation. For
11purposes of this paragraph, the collection of images is not covert
12if the technology is used in open and public view.
13(4) Require that employees and contractors of the school district
14engaged in the investigation must identify themselves truthfully
15as such to individuals contacted or interviewed during the course
16of the investigation.
17 (5) Provide a process whereby the determination of a school
18district as to whether a pupil meets the residency
requirements for
19school attendance in the school district may be appealed, and shall
20specify the basis for that determination. If an appeal is made, the
21burden shall be on the appealing party to show why the decision
22of the school district should be overruled.
23(c) The policy required pursuant to this section shall be adopted
24at a public meeting of the governing board of the school district.
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