BILL NUMBER: AB 1101	CHAPTERED
	BILL TEXT

	CHAPTER  170
	FILED WITH SECRETARY OF STATE  AUGUST 11, 2015
	APPROVED BY GOVERNOR  AUGUST 11, 2015
	PASSED THE SENATE  JULY 13, 2015
	PASSED THE ASSEMBLY  JULY 16, 2015
	AMENDED IN SENATE  JULY 1, 2015
	AMENDED IN SENATE  JUNE 17, 2015
	AMENDED IN ASSEMBLY  MAY 20, 2015
	AMENDED IN ASSEMBLY  MAY 5, 2015

INTRODUCED BY   Assembly Member Bonilla
   (Coauthor: Assembly Member Cristina Garcia)

                        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, 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
residency of 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
photographing or video-recording of pupils who are being
investigated, as provided, 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.


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 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.
    (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.
   (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 or video-recording of
pupils who are being investigated. For purposes of this paragraph,
"surreptitious photographing or video-recording" means the covert
collection of photographic or videographic images of person or places
subject to an investigation. For purposes of this paragraph, the
collection of images is not covert if the technology is used in open
and public view.
   (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.
    (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.
   (c) The policy required pursuant to this section shall be adopted
at a public meeting of the governing board of the school district.