Is Skipping School A Crime? | CA Truancy Laws | Quinnan Law (2024)

In California, all children between the ages of six and eighteen are required to attend public school. The only exceptions are for children who are homeschooled, attend private school, or who have special needs. Children who fail to attend school (and their parents or legal guardians) are subject to the state’s truancy laws.

What Is Truancy?

Truancy means absent from school without permission, and California defines a student as being truant if he or she has any combination of the following:

  • Three unexcused absences
  • Three unexcused tardies
  • Three absences exceeding thirty minutes

California defines a student as chronically truant as a student who misses school, or is tardy, on five or more occasions.

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Consequences For Truant Students

Students who are truant face a range of possible consequences, but only in the most severe cases is a student referred to a local district attorney or juvenile court.

The most common consequences for truant students are:

  • Referral to the district’s School Attendance and Review Board (“SARB”)
  • Compulsory meetings between the student, parents, and school officials
  • Compulsory counseling courses with required proof of attendance and completion

The primary goal of California’s truancy laws is not punishment, but rather to diagnose and encourage truant students to stay in school and get an education so that they’ll have the knowledge and skills necessary to move ahead in their lives.

Consequences For Parents Of Truant Students

Here in California, parents have a legal responsibility to compel their children to attend public school. Parents who fail to compel their children to attend school, or who actively help and encourage them to skip school, may face criminal charges.

Parents can be fined up to $500 if they fail to compel their children to attend school. They can be fined up to $2,000 and face up to a year in jail if a court finds that they contributed to the delinquency of their child.

For children in kindergarten through eighth grade, parents can be fined up to $2,500 and may face up to one year in jail if they permit their child to miss ten percent or more of school days.

Can An Attorney Help?

California school districts have wide latitude in determining how to handle cases of student truancy. Only in the most severe and chronic cases will school officials decide to initiate legal action against a student and/or the student’s parents.

If you or your child are being charged with a crime related to truancy, then you absolutely should contact an attorney. In all other cases, however, parents, their children, and the school should find a solution without having to involve lawyers.

Is Skipping School A Crime? | CA Truancy Laws | Quinnan Law (2024)

FAQs

Is Skipping School A Crime? | CA Truancy Laws | Quinnan Law? ›

Here in California, parents have a legal responsibility to compel their children to attend public school. Parents who fail to compel their children to attend school, or who actively help and encourage them to skip school, may face criminal charges.

What is a valid excuse for truancy in California? ›

For justifiable personal reasons, including, but not limited to, an appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupil's religion, attendance at religious retreats (not to exceed four hours per semester), attendance at an employment conference, attendance at an ...

Is skipping school illegal in California? ›

The California Legislature defined a truant in very precise language. In summary, it states that a student missing more than 30 minutes of instruction without an excuse three times during the school year must be classified as a truant and reported to the proper school authority.

How many absences are allowed in a school year in California in 2024? ›

absent for 3 full days in a single school year, tardy 3 times in a year, absent 3 times for more than 30 minutes, or.

What happens when you get three truancy letters in California? ›

If a student receives 3 truancy letters, he/she is referred to the Student Attendance Review Board (SARB) for appropriate legal action. My student has an Inter/Intra-district Agreement, what does this mean for me? Inter/Intra-district Agreements may be revoked if standard attendance guidelines are not maintained.

What is a valid reason for absent in school? ›

There are many reasons why students may need to be absent from school, including medical conditions, study abroad programs, a death in the family, and certain religious observances. Absences can last anywhere from a few days to a few weeks. Here are just a few examples: Illness.

How many excused absences are allowed in a school year in California? ›

An excused absence note may be accepted for up to four consecutive days when the absence is attributed to illness. For absences attributed to illness for five or more consecutive days, the school nurse or designated staff member is to be consulted.

What is the fine for truancy in California? ›

Consequences For Parents Of Truant Students

Parents who fail to compel their children to attend school, or who actively help and encourage them to skip school, may face criminal charges. Parents can be fined up to $500 if they fail to compel their children to attend school.

What happens if your child misses too much school in California? ›

Excessive absences will result in a parent conference at which point an attendance contract will be signed. Parents are asked to make appointments for their students outside the school day whenever possible. Personal illness or injury. Quarantine under the direction of a county or city health office.

What is the legal term for skipping school? ›

A Brief Overview of Truancy Laws in the United States. Truancy is also referred to as skipping school. All states define it as unexcused absences from school. “Unexcused" means the student has left school property without parental or school permission.

How many truancy letters can you get in California? ›

Schools are required by California law to notify the parents when 3 or more unexcused absences occur. * Third truancy letter - Student has been marked absent 11 or more times. You will be required to attend a mandatory meeting that is scheduled at a future date.

Do truancy laws apply to private schools in California? ›

California Attendance Policy

Students who attend private school, programs for the mentally gifted, are home-schooled, receive tutor instruction, or have part-time work permits are not subject to California truancy laws. A grading system is used to track students who violate the California truancy laws.

What is the penal code for truancy in California? ›

You can only be convicted under PC 270.1 if your child has missed more than 10 percent of school days in a year without a valid excuse, which is the benchmark for chronic truancy.

What is the first truancy letter in California? ›

First notification of truancy: California law requires this letter if your child has three or more unexcused period absences. The letter lists only the first three absences. Please check PowerSchool for other absences, and discuss this letter with your student. You do not need to attend any meetings.

What are the consequences of truancy in California? ›

California school districts have some leeway in determining how to handle student truancy cases. Typical consequences for truant students are: Referral to the district's School Attendance and Review Board. Compulsory meetings among the student, parents, and school officials.

What are three 3 reasons for which an absence or absences may be considered excused? ›

Examples of Excused Absences:
  • Illness (absences exceeding three days may require a physician statement).
  • Medical/Dental appointments (we highly encourage you to make these appointments outside of school hours).
  • Required county/state court appointments.
  • Religious instruction (Not to exceed 3 hours in one week).

How many days is truancy in California? ›

California's Truancy Laws

School attendance is a requirement for children aged six to eighteen. California Education Code 48260 states a student becomes truant when they do not have a valid excuse and is one or more of the following: Absent for three full school days in a single year. Tardy three times in a school year.

What excused absences include? ›

Examples of situations which would generally be approved for an excused absence from a required event include significant mental or physical illness, birth of a child, emergency, or attendance to a single professional conference per academic year.

What is the truancy code in California? ›

California Education Code section 48260 says, “any pupil subject to full-time compulsory education who is absent from school without a valid excuse for three days in one school year or tardy or absent for more than 30 minutes during the school day without a valid excuse on three occasions in one school year, or any ...

What is an unexcused absence? ›

What is an Unexcused Absence? An unexcused absence is an absence that does not meet state or district guidelines. Unexcused absences also occur when the parent cannot produce any documentation that explains the absence or if the parent presents documentation that does not meet criteria for excused absences.

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