California Assembly Bill AB1101 Amended / Bill

 BILL NUMBER: AB 1101AMENDED 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.