BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1101


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          Date of Hearing:  May 13, 2015


                           ASSEMBLY COMMITTEE ON EDUCATION


                              Patrick O'Donnell, Chair


          AB 1101  
          (Bonilla) - As Amended May 5, 2015


          SUBJECT:  Pupil school enrollment:  residency requirements:   
          investigation


          SUMMARY:  Requires a school district that elects to undertake an  
          investigation to determine whether a pupil meets residency  
          requirements to adopt a policy regarding the investigation of  
          the pupil before investigating any pupils.  Specifically, this  
          bill:  


          1)Requires the policy to 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)Requires the policy to provide for written notification of a  
            pupil's parent or legal guardian when a pupil is identified as  
            being subject to investigation under this bill. Specifies that  
            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 shall describe the  
            investigatory methods that may be used by the school district  








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            in the conduct of the investigation.


          3)Requires the written notice to include 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.


          4)Requires the policy to prohibit the surreptitious  
            photographing of pupils who are being investigated.


          5)Specifies that 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.


          6)Requires the policy to 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 specify the basis for that  
            determination. Specifies that 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.


          7)Requires the policy required pursuant to this bill to be  
            adopted at a public meeting of the governing board of the  
            school district.



          EXISTING LAW:  


          1)Specifies that each person between the ages of 6 and 18 years,  








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            unless otherwise exempted, is subject to compulsory full-time  
            education. Requires each person subject to compulsory  
            full-time education and each person subject to compulsory  
            continuation education to attend the public full-time day  
            school or continuation school or classes and for the full time  
            designated as the length of the schoolday by the governing  
            board of the school district in which the residency of either  
            the parent or legal guardian is located, and requires each  
            parent, guardian, or other person having control or charge of  
            the pupil to send the pupil to the public full-time day school  
            or continuation school or classes and for the full time  
            designated as the length of the schoolday by the governing  
            board of the school district in which the residence of either  
            the parent or legal guardian is located.  (Education Code (EC)  
            Section 48200)

          2)Provides that a student complies with the residency  
            requirements for school attendance in a school district if the  
            student:

             a)   Is placed within the boundaries of the school district  
               in a licensed children's institution, licensed foster home,  
               or a foster family home.
             b)   Is a foster child who remains in his or her school of  
               origin.
             c)   Has been approved for interdistrict attendance.
             d)   Resides within the boundaries of the school districts  
               and whose parent or legal guardian is relieved of  
               responsibility, control, and authority through  
               emancipation.
             e)   Lives in the home of a caregiving adult that is located  
               within the boundaries of that school district.
             f)   Resides in a state hospital located within the  
               boundaries of the school district.  (EC Section 48204)

          3)Authorizes, until July 1, 2017, school districts to deem a  
            student to have complied with the residency requirements for  
            school attendance in a school district if at least one parent  
            or the legal guardian is physically employed within the  








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            boundaries of that district for a minimum of 10 hours during  
            the school week.  (EC Section 48204)

          4)Requires a school district to accept from the parent or legal  
            guardian reasonable evidence that the student meets the  
            residency requirements for school attendance in the district.   
            Requires reasonable evidence of residency to be established by  
            documentation showing the name and address of the parent or  
            legal guardian within the school district, including but not  
            limited to, the following:

             a)   Property tax payment receipts.
             b)   Rental property contract, lease, or payment receipts.
             c)   Utility service contract, statement, or payment  
               receipts.
             d)   Pay stubs.
             e)   Voter registration.
             f)   Correspondence from a government agency.
             g)   Declaration of residency executed by the parent or legal  
               guardian.  (EC Section 48204.1)

          5)Authorizes a school district to make reasonable efforts to  
            determine that the student actually meets the residency  
            requirements if an employee of the district reasonably  
            believes that the parent or legal guardian has provided false  
            or unreliable evidence of residency.  (EC Section 48204.1)

          FISCAL EFFECT:  None.  This bill is keyed non-fiscal by the  
          Legislative Counsel.


          COMMENTS:  Under current law, compulsory education begins at age  
          6 until age 18.  Any person subject to compulsory education  
          found away from home without a valid excuse for not attending  
          school can be arrested by school officials or peace or probation  
          officers.  A pupil is required to attend school in the district  
          in which the residency of either the parent or legal guardian is  
          located.  Documentation or residency includes property tax  
          payment receipts; rental property contract, lease, or payment  








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          receipts; utility service contract, statement, or payment  
          receipts; pay stubs; voter registration; correspondence from a  
          government agency; or declaration of residency executed by the  
          parent or legal guardian.  If an employee of a school district  
          reasonably believes that the parent or legal guardian of a pupil  
          has provided false or unreliable evidence of residency, the  
          school district is authorized to make reasonable efforts to  
          determine whether the pupil meets residency requirements.  

          What does this bill do?  This bill requires a school district  
          that elects to investigate a pupil's residency to adopt a policy  
          regarding such investigations.  The bill requires the policy to  
          be adopted at a governing board meeting and to contain the  
          following: 

             a)   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 must  
               also describe the investigatory method to be used by the  
               school district to conduct the investigation.


             b)   Provide a written notification at least five days before  
               the start of an investigation to the pupil's parent or  
               legal guardian.  The notification must also provide school  
               district contact information that the parent or legal  
               guardian may use to request or to provide information  
               regarding the investigation.

             c)   Prohibit photographing of a pupil involved in the  
               investigation.

             d)   Require that employees and contractors of the school  
               district must identify themselves truthfully when  
               contacting or interviewing individuals during the  
               investigation.








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             e)   Provide an appeals process.  If a parent or legal  
               guardian appeals the decision of a school district, the  
               burden for showing why the decision should be overruled  
               falls on the appealing party.  


          Purpose of the bill.   The author states, "Schools should have  
          tools available to investigate residency issues, but we need to  
          ensure safeguards are in place to protect those students being  
          investigated especially elementary school-aged children."  The  
          author cites, as an example, a Contra Costa Times report of the  
          investigatory tactics undertaken by investigators hired by the  
          Orinda Union School District to investigate a seven-year-old  
          girl the school district disenrolled last fall.  According to  
          the article, the investigator told the mother of the child named  
          Vivian and neighbors at the family's old neighborhood that he  
          was a car insurance investigator.  The school district later  
          reversed the decision to remove the child from the school  
          district when it learned that the mother was a live-in nanny for  
          a couple residing in the Orinda Union School District that was  
          her primary residence.  The little girl was in the other  
          neighborhood spending time with her great-grandmother, who was  
          ill.  The article reports that hiring investigators to  
          investigate residency issues is not uncommon, especially for  
          smaller school districts that are unable to dedicate staff for  
          this purpose.  Investigators interviewed acknowledge that they  
          do hide their identity in hopes that people will "rat the kids  
          out" unwittingly.  


          Current law simply says that a school district may make  
          "reasonable efforts" to determine a pupil's residency.  The law  
          does not specify how that is to be done.


          It is unclear how many districts hire private investigators to  
          conduct residency checks.  School districts are funded through  
          the Local Control Funding Formula (LCFF) based on an average  








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          daily attendance basis.  Increasing enrollment increases funding  
          for schools, except for those deemed basic aid districts.  Basic  
          aid districts do not receive LCFF because their local property  
          taxes provide higher levels of funding than they would receive  
          through LCFF.  These districts would not benefit from increased  
          enrollment.  A basic aid status can fluctuate from year to year.  
           In 2014-15, there were 144 basic aid districts in the state.     



          Issues to consider:


          1)Should districts be required to notify parents or legal  
            guardians?  This bill requires a school district to provide  
            written notification to a parent or a legal guardian five  
            business days prior to starting an investigation and provide  
            the basis for the reasonable belief supporting the need for  
            the investigation.  The notice must also include school  
            district contact information.  The author states that in the  
            Orinda Union School District case, the parent was never  
            informed of the reason the pupil was being investigated.  The  
            California School Boards Association (CSBA) opposes the bill  
            and expresses concerns that this provision of the bill  
            undermines the investigatory process.  If parents or legal  
            guardians are aware of a pending investigation, they may  
            change their behavior and take actions that will prevent a  
            school district from getting an accurate portrayal of the  
            situation.  Staff recommends striking this provision of the  
            bill.  
            
            Alternatively, the Committee may wish to consider requiring a  
            school district to make an attempt to reconcile any questions  
            or problems (e.g., two documents containing two different  
            addresses), prior to hiring an investigator.  A parent or  
            legal guardian may be able to clear up any discrepancy, or the  
            parent or legal guardian may tell the truth, which could avoid  
            the employment of a private investigator.    









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          2)Should photographing of pupils be prohibited?  Photographing  
            of pupils raises privacy concerns.  The American Civil  
            Liberties Union (ACLU) supports the bill and states, "The ACLU  
            is deeply concerned about the surveillance of young children  
            and the potentiality that investigations of student residency  
            may be inappropriately motivated and inadequately conducted."   
            School districts will argue that photographs are an effective  
            way of documenting where pupils may reside.  The CSBA states  
            that "photography provides a great level of detail without  
            requiring investigators to come into direct contact with  
            children.  Absent this tool, district investigators may need  
            to approach and speak with students instead."     
          


          Arguments in support.  The author states, "AB 1101 protects  
          student safety and privacy by requiring school boards to adopt a  
          policy when a private investigator is hired to conduct an  
          investigation to determine whether a student resides within the  
          school district boundaries.  AB 1101 protects children, like  
          Vivian, from questionable investigatory techniques such as lying  
          to family members and neighbors and taking surreptitious photos  
          of young students. This bill creates more transparency and  
          disclosure in student residency investigations and provides for  
          due process in challenging a student's home residency."


              


          Arguments in opposition.  The California School Boards  
          Association states that the bill "enables those looking to evade  
          a school district's efforts to implement statutory residency  
          criteria by requiring governing boards to adopt board policies  
          containing details about the procedures and parameters of these  
          investigations. The requirement that districts 'identify  
          specific, articulable facts' supporting their findings could  
          force districts to compromise the confidentiality of those who  
          provide information in connection to investigations. The latter  








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          would have a detrimental effect on the willingness of school  
          district employees and community members to provide true and  
          accurate information to investigators."

          Related legislation.  SB 200 (Lara), pending in the Assembly,  
          provides that a student meets residency requirements for school  
          attendance if the student's parent or legal guardian is employed  
          and lives with the student at the place of employment within the  
          boundaries of the school district for at least three days during  
          the school week.


          SB 445 (Liu), pending in the Senate, extends to homeless youth  
          the right to remain in the school of origin, as is currently  
          provided to foster youth.  


          Prior related legislation.  AB 207 (Ammiano), Chapter 435,  
          Statutes of 2011, requires school districts to accept reasonable  
          evidence that a pupil meets residency requirements for school  
          attendance within the district; and, specifies certain types of  
          documents that shall be considered reasonable evidence for a  
          pupil living with his or her parent or legal guardian.  


          REGISTERED SUPPORT / OPPOSITION:




          Support


          American Civil Liberties Union 


          California Immigrant Policy Center










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          California Teachers Association 


          Common Sense Kids Action 


          Pleasanton Unified School District


          Social Justice Learning Institute




          Opposition


          California School Boards Association




          Analysis Prepared by:Sophia Kwong Kim / ED. / (916) 319-2087