School Attendance: What Parents Should Know About

In California, school attendance is a legal requirement. Parents or guardians must ensure their children attend school regularly, and failing to do so can result in serious legal consequences. If you’re unsure about what qualifies as truancy and whether you could face prosecution for your child’s absences, this guide will help clarify California’s truancy laws, penalties, and defenses for parents.

School Attendance and Legal Consequences for Parents

California’s Education Code outlines the rules surrounding truancy. A truant student is a child who has missed:

• Three or more days of school without a valid excuse

• Three instances of tardiness

• Three unexcused absences totaling 30 minutes or more

A chronic truant is a student who misses more than 10% of the school year without a valid excuse. For example, if a child misses more than 18 days during a 180-day school year, they are considered chronically truant.

For more information, check out the California Department of Education’s Truancy Guidelines.

Penalties for Failing to Supervise a Child’s School Attendance?

If parents or guardians fail to supervise their child’s school attendance, they could face severe legal penalties.

Penal Code 270.1 – Legal Consequences

Under Penal Code 270.1, parents can face charges if they fail to ensure their child attends school. The law applies to children aged 6 or older, enrolled in kindergarten through eighth grade. The penalties for this violation include:

• A misdemeanor charge

• Jail time for up to one year

• A fine of up to $2,000

Additionally, if a child’s absenteeism leads to more serious legal issues, parents may face charges under Penal Code 272, which deals with contributing to a minor’s delinquency.

Additional Legal Consequences for Minors

A child who skips school may also face criminal charges for related offenses, such as:

• Possession of marijuana (Health and Safety Code 11357)

• Underage DUI (Vehicle Code 23136)

• Driving under the influence (Vehicle Code 23152)

These charges show how truancy can lead to more serious legal problems.

How Can Parents Avoid Truancy Prosecution?

To prosecute a parent for truancy, certain criteria must be met. The child must be a chronic truant, and the parent must have failed to supervise their child’s school attendance adequately. However, California law offers a few defenses for parents.

Proving Reasonable Supervision

Parents can defend themselves by demonstrating reasonable efforts to supervise their child’s school attendance. For example, they may show they communicated with the school, arranged transportation, or addressed issues that caused the absenteeism.

The Child Is Not a Chronic Truant

If the child’s absences do not qualify as chronic truancy, this can serve as a defense. Parents can dispute the school’s attendance records or provide evidence that the child’s absences were excused.

Coerced Confession

If a confession was obtained through improper police conduct, parents may argue that the confession was coerced. If proven, the court could exclude the confession from evidence or drop the case entirely.

Support for Families Struggling with Truancy

Schools often try to intervene before pursuing legal action. Parents and students typically receive:

• Meetings with school officials and the Attendance Supervisor

• Involvement with the School Attendance Review Board (SARB)

• Access to local community services

In persistent truancy cases, schools may recommend alternative educational programs or offer counseling services to prevent further legal action.

Conclusion

California’s truancy laws require children to attend school, and parents must ensure their children comply. Failing to do so can lead to legal penalties, but parents can use several defenses. Schools try to help families before resorting to legal action by providing support and resources.

If you are concerned about truancy or facing prosecution, contact KAASS LAW for expert legal guidance. We are here to help you navigate these complex issues.

📞 Call 310.943.1171 to schedule a consultation.