Under California’s “compulsory education” law, every child between the ages of 6 and 18 must attend school. There are exceptions, and some students may legally drop out early. But the state treats truancy very seriously, with responses ranging from parent conferences and support services to mediation and court orders. Although the system is intended to help truants and their families rather than to treat them like criminals, uncooperative parents could face fines and even jail time in some cases.
What Makes a Truant?
Schools in California will report and treat students as truants if they’re absent three times in the same school year without a good reason or permission. Being late or away from school for more than 30 minutes in a day counts as an absence. (Cal. Educ. Code § 48260.)
Under state law, valid excuses for absences from school include:
- illness or health care appointments
- taking care of a sick child, as long as the student is the custodial parent
- funeral services for immediate family members who’ve died
- spending time with an immediate family member in the military who’s leaving for combat duty or has just returned from deployment
- working in the entertainment industry (with a permit) or participating in a nonprofit performance for a public school audience
- attending the student’s naturalization ceremony to become a citizen, and
- other personal reasons like religious holidays or ceremonies, as long as the principal has approved the parent’s request for the absence.
Local school administrators may decide that still other excuses are valid, based on the student’s individual circumstances. (Cal. Educ. Code § 48205.)
Services and Consequences for Truant Students
California has a complex process for addressing truancy that involves many steps, including:
- After a first truancy report, the school will notify the student’s parents about their rights and potential legal consequences (more on that below). The student may have to attend weekend makeup classes and attend a meeting with school officials (and a parent, when it’s appropriate) to develop a plan for improving attendance.
- Any unexcused absences after the first truancy report will trigger a second one. At that point, a peace officer may give the student a written warning that will go in the school record.
- After three reports in a year, a student will be considered a “habitual truant” and may have to go before an attendance review board or a truancy mediation program. Those steps may involve mandatory participation in community services meant to address the problem.
- After a fourth truancy report (which translates to a total of six unexcused absences), the student may be sent to juvenile court.
If the juvenile court decides to make the truant a ward (often referred to as a delinquent minor), the court will order the student to:
- perform community service
- attend a truancy prevention program
- pay a fine, and/or
- lose driving privileges.
Also, students can be arrested and turned over their parents, the school, or a youth service center any time they’re found away from home or school during the school day, unless they have a valid excuse for missing class. If the pupils are already considered habitual truants, the arresting officers may turn them over directly to the county’s juvenile probation officer. (Cal. Educ. Code §§ 48260-48273.)
Penalties for Truants’ Parents
Parents also have a legal obligation to send their kids to school, to participate in the truancy services that are ordered, and to do what the attendance review board tells them to do. If they refuse to respond, the parents could be found guilty of an infraction (with fines ranging from $100 for a first violation to $500 for three or more violations). Instead of a fine, the court may order the parents placed in a counseling and education program. (Cal. Educ. Code § 48293.)
Parents could also face misdemeanor charges for:
- not properly supervising younger children (eighth grade and below) with unexcused absences for more than 10 percent of school days in an academic year; or
- contributing to the delinquency of any minors under the juvenile court’s supervision by encouraging them to disobey court orders or not supervising them properly.
If they’re found guilty, the parents could face stiff fines (as much as $2,500) and/or a year in jail. (Cal. Penal Code §§ 270.1, 272.)
And finally, parents might be fined for contempt of court if they don’t obey court orders in connection with truancy proceedings (Cal. Educ. Code § 48293(b)).
Talking With a Lawyer
If the school has filed a petition in juvenile court about your child’s truancy, consider speaking with an attorney experienced in school law or juvenile law. No matter what stage you’re at in the process, a lawyer should be able to help explain how you can protect your child’s rights and avoid punitive measures. And if you’re facing criminal charges under the state’s truancy laws, you should immediately seek the advice of a criminal defense attorney.