California Truancy Laws: What Parents and Students Should Know

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California requires children between 6 and 18 to attend school (Education Code § 48200). When a student misses too much school without a valid excuse, the law sets out a series of steps. Most are meant to get the student back in class, but some can lead to court for the student, the parents, or both.

When a student is “truant”

  • Truant (Ed. Code § 48260): absent without a valid excuse three full days in one school year, tardy or absent for more than 30 minutes three times, or any combination. The school must notify the parents in writing.
  • Habitual truant (Ed. Code § 48262): reported as a truant three or more times in a school year, after the district has made a conscientious effort to hold at least one conference with the parent and student.
  • Chronic truant (Ed. Code § 48263.6): absent without a valid excuse for 10% or more of the school days in a year.

Valid excuses include illness, medical appointments, a funeral of an immediate family member, and certain religious and court-related absences (Ed. Code § 48205).

What usually happens next

  1. Notice and conference. The first steps are letters home and meetings with the school.
  2. SARB referral. A habitual truant may be referred to a School Attendance Review Board (Ed. Code § 48263), which brings together school, county and community representatives to set an attendance plan.
  3. Escalating consequences for the student (Ed. Code § 48264.5), which can include weekend makeup classes, a written warning from a peace officer, referral to a SARB or truancy mediation program, and, after a fourth truancy report in a school year, juvenile court. If the student is made a ward of the court, it can order 20 to 40 hours of community service, a fine of up to $50, or a truancy-prevention program.
  4. Juvenile court. A student who continues to miss school after these efforts may be brought before the juvenile court under Welfare and Institutions Code § 601(b). This is a “status offense,” not a crime, but it can lead to court-ordered conditions.

Consequences for parents

A parent who fails to compel a child’s attendance can be cited for an infraction, with fines that increase for repeat violations (Ed. Code § 48293).

Practical steps

  • Keep every notice the school sends and respond to it in writing.
  • Document medical, mental health, or family reasons for absences. Many attendance problems have causes the school can help with, such as anxiety, bullying, transportation, or a disability. A student with a disability may be entitled to accommodations.
  • Attend SARB meetings and follow the plan. Courts look closely at whether the family cooperated.

If a student or parent has been referred to court, it helps to have a lawyer review the school’s records and steps before the first hearing. Our office’s page on juvenile cases explains how attorney Vikas Bajaj works with families.

This article is general information about California and federal law, not legal advice for your situation. Laws change, and the right answer depends on your facts. Written by attorney Vikas Bajaj, Law Office of Vikas Bajaj, APC, San Diego.