BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:              AB 1101               
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          |Author:    |Bonilla                                              |
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          |Version:   |June 17, 2015                             Hearing    |
          |           |Date:   June 24, 2015                                |
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          |Urgency:   |No                     |Fiscal:    |No               |
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          |Consultant:|Lynn Lorber                                          |
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          Subject:  Pupil school enrollment:  residency requirements:   
          policy on investigations

            SUMMARY
          
          This bill requires a school district that elects to investigate  
          the residency of a student to first adopt a policy regarding  
          such investigations.

            BACKGROUND
          
          Existing law:

          1)Requires students to attend the public full-time day school or  
            continuation school or classes in which the residency of  
            either the parent or legal guardian is located.  (Education  
            Code § 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)   If a foster child who remains in his or her school of  
               origin.

             c)   Has been approved for interdistrict attendance.







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             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 § 48204)

          1)Until July 1, 2017, authorizes 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  
            boundaries of that district for a minimum of 10 hours during  
            the school week.  




             a)   School districts are not required to admit a student  
               with at least one parent or legal guardian who is  
               physically employed in the district.

             b)   A school district may prohibit the transfer of a student  
               if the district determines that the transfer would  
               negatively impact the court-ordered or voluntary  
               desegregation plan of the district, or if the district  
               determines that the additional cost of educating the  
               student would exceed the amount of additional state aid  
               received as a result of the transfer.  (EC § 48204)

          1)Requires school districts to accept from the parent or legal  
            guardian reasonable evidence that the student meets the  
            residency requirements for school attendance in the district.   
            Current law 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.









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             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 § 48204.1)

          1)Authorizes school districts 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 § 48204.1)

            ANALYSIS
          
          This bill requires a school district that elects to investigate  
          the residency of a student to first adopt a policy regarding  
          such investigations.  Specifically, this bill:

       1)Requires the governing board of a school district, if the  
            district elects to undertake an investigation to determine if  
            a student meets residency requirements, to adopt a policy  
            regarding the investigation of a student to determine  
            residency for school attendance before investigating any  
            students.

       2)Requires the policy to do all of the following:

               a)        Identify the circumstances upon which the school  
               district may initiate an investigation, which must, 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 has provided false or  
               unreliable evidence of residency.

               b)        Describe the investigatory methods that may be  








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               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.  

               c)        Require the school district to make reasonable  
               efforts to determine whether the student resides in the  
               school district before hiring a private investigator.

               d)        Prohibit the surreptitious photographing of  
               students who are being investigated.

               e)        Require that employees and contractors of the  
               school district engaged in the investigation identify  
               themselves truthfully as such to individuals contacted or  
               interviewed during the course of the investigation.

               f)        Provide a process whereby the determination of a  
               school district as to whether a student meets residency  
               requirements may be appealed, and specify the basis for  
               that determination.  Provides that the burden is on the  
               appealing party to show why the decision of the school  
               district should be overruled.

       3)Requires the policy to be adopted at a public meeting of the  
            school district governing board.

          STAFF COMMENTS
          
       1)Need for the bill.  According to the author, "In November 2014,  
            the Orinda Union School District hired a private investigator  
            to determine whether or not seven year old Vivian met the  
            residency requirements to attend second grade in the school  
            district.  The investigator visited Vivian's old neighborhood  
            where he lied to neighbors and Vivian's mother, Maria.  He  
            claimed he was a car insurance reviewer looking into an auto  
            accident involving Maria's car.  The investigator was unaware  
            that Maria filed a domestic violence restraining order against  
            her ex-husband.  Maria took these actions to keep her and her  
            daughter's real residence hidden.  Through these duplicitous  
            investigatory techniques, the investigator incorrectly  
            determined that Vivian lived outside of the school district.   
            The family received a letter from the school district  
            explaining that Vivian was dismissed from attending school in  
            the district.  The Orinda Union School District did not  








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            provide the family with any evidence or reasons as to why they  
            initiated the investigation."

       2)Investigative tools.  Existing law authorizes school districts 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.   
            Statutes do not define "reasonable efforts" nor provide  
            examples of what constitutes reasonable efforts.  This bill  
            requires school districts' policies to require schools to make  
            reasonable efforts to determine whether a student resides in  
            the district before hiring a private investigator.  It appears  
            that reasonable efforts may range from a discussion with  
            parents about the belief that false or unreliable evidence of  
            residency was provided, to hiring a private investigator.

       This bill requires school districts' policies to prohibit the  
            surreptitious photographing of students.  It is not clear that  
            this bill prohibits all photographing of students.  Does it  
            depend on whether a student has a reasonable expectation of  
            privacy?  May an investigator take photos of a student in a  
            public setting?  Is photographing students a necessary  
            investigative tool?  The author may wish to include a  
            definition of "surreptitious" for the purposes of this bill.

       3)Fiscal impact.  This bill is flagged as being non-fiscal.

       4)Related and prior legislation.  

       RELATED LEGISLATION

       SB 200 (Lara, 2015) provides that a student meets residency  
            requirements for school attendance if the student's parent or  
            legal guardian is employed and lives at the place of  
            employment within the boundaries of the school district for at  
            least three days during the school week.  SB 200 is pending in  
            the Assembly Appropriations Committee.

       PRIOR LEGISLATION

       AB 207 (Ammiano, Ch. 435, 2011) required school districts to accept  
            reasonable evidence that the student meets residency  
            requirements, and requires reasonable evidence to be  








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            established by documentation showing the name and address of  
            the parent within the school district.  AB 207 further  
            specified that such documentation includes, but is not limited  
            to, property tax payment receipts; rental property contract,  
            lease or payment receipts; utility service contract,  
            statement, or payment receipts; pay stubs; voter registration;  
            correspondence from a government agency; and, declaration of  
            residency executed by the parent or legal guardian.

            SUPPORT
          
          California Federation of Teachers
          California State PTA
          Public Advocates

            OPPOSITION
           
           California School Boards Association

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