Enforcement of Compulsory Education Laws

Since 1974, compulsory education has been part of California law. According to the California Education Code (EC) Section 48200 , students of ages six through eighteen years old are subject to compulsory full-time education, unless exempted by provisions of law.

Since the passage of Senate Bill 1317, Statutes of 2010 , California Penal Code (PC) Section 270.1 , parent/guardian of students age six or more who are in kindergarten or any grades one through eight can be prosecuted if their children become chronic truants. Students of ages thirteen through eighteen also can face legal proceedings. However, the law also offers a second chance to the parent/guardian to follow SARB directives without immediate penalty.

School districts are responsible for taking legal action for violations of compulsory school attendance laws. The parent/guardian is responsible for their student’s attendance at school.

The following legal statutes and subsequent guidelines are designed to assist school district personnel in handling violations of compulsory attendance laws and SARB directives. The success of any truancy prosecution is linked directly to the availability of accurate and complete school attendance records documenting the nature and extent of the violation.

Key Definitions Related to Truancy Prosecution
The Process Starts with Accurate School Records
Guidelines When Documenting Attendance Violations
Legally Required Steps to Address Truancy
Legal Action—Parent
Legal Action—Student
Legal Consequences for Students Ages Twelve to Seventeen
Documents Necessary for Prosecution Filing
Hypothetical Case

Key Definitions Related to Truancy Prosecution

Definition of Truant/First Truancy
EC Section 48260

Notice to Parent or Guardian
EC Section 48260.5

Definition of Second Truancy
EC Section 48261

Definition of Habitual Truant/Third Truancy
EC Section 48262

Referral of Student to School Attendance Review Board (SARB); Juvenile Court Proceedings; Notification of District Attorney or Probation Officer
EC Section 48263

Definition of a Chronic Truant
EC Section 48263.6

Criminal Complaint against Parent
EC Section 48291

Penalties against Parent
EC Section 48293

Parent or Guardian Who Failed to Reasonably Supervise and Encourage Attendance of Chronic Truant
PC Section 270.1

Parent or Guardian Who Contributed to the Delinquency of a Minor
PC Section 272

Minor who is Habitually Truant
California Welfare and Institutions Code (WIC) Section 601(b)

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The Process Starts with Accurate School Records

School records must be accurate and complete when a school district determines that it has sufficient cause to request legal action. The records should include a log of all contacts pertaining to attendance, both written and oral, with the parent/guardian and student. Accurate and detailed documentation will be introduced as evidence in a trial for truancy against the parent/guardian (EC sections 48293 and 48454 ; PC sections 270.1 and 272 ) and/or against the student (WIC Section 601[b] and EC Section 48262 ). Therefore, the school/school district should record such information with the expectation that it may serve as evidence.

The value of school records at trial is linked directly to the manner in which the records have been prepared and maintained. With accurate and detailed attendance and anecdotal records, the prosecutor will have a compelling presentation in trial, and the school/school district will be able to withstand strong cross-examination from the defense attorney.

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Guidelines When Documenting Attendance Violations

Require contact personnel to write a summary of every conversation with the parent/guardian. Only the testimony of a person who heard the parent/guardian making the statement will be admissible in court. Statements from the parent/guardian included in a student’s file from secondhand sources are considered hearsay and are not admissible if objections are raised.

It is important to make sure all written statements are void of any personal opinions and unsubstantiated claims by the writer. For example: (“I think the parent is on drugs”).

It is best to use return-receipt mail or hand delivery when sending SARB hearing notifications. If this is cost-prohibitive and first-class mail is used, it is good practice to follow up with a phone call to verify that the parent/guardian received the directive to attend the SARB meeting and plans to attend.

Ensure that attendance documents include the name of the district’s contact person who has in-depth knowledge of the forms, records, and documentation process. Attendance records, forms, and processes are the foundation upon which a referral for prosecution is based. Only a person knowledgeable about school records, or the custodian of records, can testify about the nature of those records. Testimony to authenticate the business record requires that: (a) the record was made at or near the time of the recorded act, condition, or event; (b) the sources of information, as well as the method and time of preparation of the report or form indicate trustworthiness; and (c) the person testifying can identify the record and explain how it was prepared. The person who makes the actual entry in the student’s file does not testify if the custodian of records or other qualified witness can testify to the above criteria. This option is especially helpful in the event of personnel turnover. The witness must also be prepared to identify the parent/guardian in court if asked to do so by the prosecutor.

Document all personal contacts and intervention efforts with the student and parent/guardian.

Document statements made during a home visit. It may be advisable in certain situations to have more than one person make a home visit.

General Consequences for Truancy: Parent/guardian is legally responsible for their student’s attendance. Therefore, the law mandates that parent/guardian reinforce the importance of school attendance. When a parent/guardian neglects their role and violates compulsory attendance laws, they can face legal proceedings. When students aged thirteen up to eighteen violate compulsory education laws, they too can face legal proceedings.

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Legally Required Steps to Address Truancy

First Notification of Truancy/Designation as Truant

Schools may recover mandated costs for the First Notification of Truancy if it complies with the following directives of EC Section 48260.5 .

It is recommended that the parent/guardian accompany the student to school and attend classes with the student for one day.

Second Notification of Truancy

If the unexcused absences or tardiness continue after the first letter has been sent, the school/school district must notify the parent/guardian by first-class mail, or other reasonable means, that a school meeting has been scheduled for the parent/guardian and the student to discuss attendance with school officials (EC Section 48261 ).

Third Notification of Truancy/Designation as a Habitual Truant

If the student has been reported as a truant three or more times per school year and the school/school district has made a conscientious effort to hold at least one conference with the parent/guardian and the student, and unexcused absences or tardiness have continued, the school district needs to issue a directive requesting the family to attend a SARB hearing or a truancy mediation meeting. As with the first notification of truancy, the notice of habitual truancy may be made using the most cost-effective method possible, which may include electronic mail or a telephone call (EC Section 48262 ).

If the parent/guardian fails to attend the SARB hearing:

• An attempt should be made during the meeting to contact the parent/guardian to try to get them to attend.
  
  
• If necessary, the school police resource officer can provide transportation for the parent/guardian.
  
  
• If the above fails, the SARB can do either of the following:
  
• Continue the hearing in the parent/guardian absence and prepare contract After SARB, a school official or school resource officer should deliver and review the contract with the parent/guardian (this can be done at the student’s home or at the school).
• Reschedule the case for a later date.
  
• Refer to truancy mediation or legal action.

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Legal Action—Parent

If the parent/guardian has continually and willfully failed to respond to SARB directives, (including failure to attend the hearing) the SARB will direct the school district to request that a criminal complaint be filed against the parent/guardian pursuant to EC sections 48291 , 48293 , and 48452 (for failure to respond to SARB directives).

If a violation of any of the above EC sections is sustained or admitted, the court may order the parent/guardian:

• To immediately enroll the student in the appropriate school or educational program
• To provide proof of enrollment to the court
• To pay a fine pursuant to EC Section 48293
• To participate in parent education or counseling programs

If the parent/guardian continually and willfully fails to obey any of the above court directives, parent/guardian may be found in civil contempt of court and may be fined up to $1,000.

Prosecutors have discretion to file misdemeanor charges against parents pursuant to PC Section 270.1 when the student is a chronic truant and is at least six years of age and in any grade through grade eight. If the prosecutor elects to file PC Section 270.1 charges, the court may grant deferred entry of judgment (DEJ), if such a program has been established, instead of a fine and/or jail time. A DEJ is a program in which the parent/guardian admits the charge and a sentence is imposed. In the event the parent/guardian has a prior truancy infraction conviction, it is recommended that this charge be imposed without the benefit of DEJ.

However, if parents follow the orders of the court after admitting guilt, the sentence is then suspended. A set of conditions is given to the parent/guardian. If the parent/guardian meets all conditions, the charges will be dismissed. If the parent/guardian fails to meet the conditions, the court will lift the suspension and impose the sentence. The prosecutor may elect to file PC Section 272 charges against the parent/guardian. It is recommended that this charge be used only after the parent/guardian has sustained one or more truancy infraction convictions.

The court may impose up to one year in the county jail and/or up to a $2,500 fine, along with any other terms or conditions it deems appropriate.

When deciding whether to file infraction or misdemeanor charges against a parent/guardian, prosecutors consider the age of the student, the number of full day unexcused absences, absences or tardiness of more than 30 minutes, previous truancy related citations against the parent/guardian, and whether the parent/guardian has previously completed parenting classes.

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Legal Action—Student

Once a student is designated as a legal truant (EC Section 48260 ), the student becomes subject to the following actions identified in EC Section 48264.5 :

Upon the first truancy, the student and the parent/guardian may be requested to attend a meeting with school staff.

Upon the second truancy the student may receive a written warning from a peace officer, and the school and peace officer may keep the record of warning for later reference.

If the student fails to complete the assigned study program or is truant for a third time within the same school year, the student and parent/guardian may be requested to attend a meeting at the school site. If the student’s attendance continues to be poor, the student is considered a habitual truant. The student and the parent/guardian may be referred by the school to SARB or to a truancy mediation program (or another comparable program approved by the district’s attendance supervisor).

If the student continually and willfully violates SARB directives and/or truancy mediation directives, the school district may decide the student to be a ward of the court pursuant to WIC Section 601(b) or EC Section 48262 .

In order to request that WIC Section 601.2 charges be filed in a delinquency court, the school district must submit a written request for Application for Petition (AFP) or Juvenile Court Report (JCR) to juvenile probation. However, probation has discretion to place the minor on informal juvenile probation before forwarding the WIC Section 601(b) petition to the prosecutor for filing.

The AFP or JCR is a signed affidavit alleging a minor is habitually truant as described in WIC Section 601(b) and sets forth facts supporting facts. Because the request for referral is the legal basis for involvement of the juvenile court, it must contain all the information requested, including the dates and times of all incidents and the names and addresses of witnesses and involved persons.

The applicant and witnesses should be aware that they may be subpoenaed to testify in court regarding the allegations presented. When testifying, school officials must be able to provide direct testimony; they must have observed the behavior personally.

School personnel completing the referral should do so with the belief that the stated facts are true and correct and that the minor clearly comes within the meaning of WIC Section 601(b) .

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Legal Consequences for Students Ages Twelve to Seventeen

After a violation of WIC Section 601(b) is sustained or admitted, the court may declare the minor a ward of the court and order the minor to do one or more of the following:

• Perform court-approved community service for a public or private nonprofit agency for at least 20 hours, but not more than 40 hours, within a 90-day period. The student must perform the community service during a time other than school hours or hours of employment. If the student fails to complete the assigned community service, the assigned probation officer must report such to the court (EC Section 48264.5[d][1] )
  
  
• Pay a fine of not more than $50, for which the parent/guardian are jointly liable. (EC Section 48264.5[d][2] ).
  
  
• Attend a court-approved truancy prevention program (EC Section 48264.5[d][3] ).

If the Juvenile Probation Department does not have the resources to support the filing of WIC Section 601(b) charges for truancy, consult with the local District Attorney’s Office to see if they would support a truancy diversion program pursuant to EC Section 48262 .

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Documents Necessary for Prosecution Filing

The basic documents necessary for filing for prosecution are described in the following paragraphs:

Attendance Records: Keep attendance records as simple as possible; the case must be understood by the prosecuting attorney or probation officer and explainable to the trial court. Be prepared to provide the name of a person who can testify as to the compilation, accuracy, and maintenance of these records. Include the attendance records and a summary sheet of the attendance information.

Documentation Letter: Keep copies of all correspondence between the school and the parent/guardian, all instructions given to the parent/guardian, and any other written documents provided by either party for all parties involved.

Case Contact Log: Note every occurrence concerning the case, including the action taken, the name of the person who initiated the action, names of all persons involved, and the dates and times of contact. Include all telephone conversations, any observations of behavior, or any detail concerning the case. The records give the prosecuting attorney or probation officer and the court an overview of the school’s actions as well as the completeness of those actions regarding the preparation of the case prior to its submittal for prosecution. (Notes may be handwritten and in abbreviated form.) The records also give the prosecuting attorney or probation officer and the court information regarding the manner in which the parent/guardian responded to the school contacts.

Case Outline: Summarize the case. Provide a description or narrative of the problem documenting what interventions the school has done to solve the problem, and the attempts made by the school to educate the parent/guardian of the problem. Include the family’s responses to the school and school district’s efforts and an analysis of the reasons the school district is now submitting the case for prosecution. The summary provides the prosecuting attorney needed background information to assess the merits of the case for prosecution.

Witnesses: Provide the prosecuting agency with a list of school witnesses who are directly involved in addressing and documenting the child’s truancy and/or making contact with the parent/guardian. Be sure to provide the witnesses’ full name, school physical and mailing addresses, and direct phone number.

Testifying in Court: Counties vary on their approach to the prosecution of parents who continually and willfully violate SARB directives. (EC sections 48291–48293 )

The following are guidelines when there is no prosecutor appearing in court:

The law enforcement official who issued the citation needs to appear for the court trial. A school official (typically, the SARB chair, school district employee, child welfare and attendance employee, or case manager) should also appear in order to lay the foundation for the admissibility of the SARB contract and any school records, such as attendance records and grades. If the law enforcement official who issued the citation does not appear, some courts will dismiss the case even if the school official is present and the parent is not present.

The school official testifying needs to bring three copies of any documents the court is to consider. One copy is for the school official testifying, one is for the court, one is for the parent; the original remains at the school district. The court trial begins with the law enforcement official being sworn as a witness. The law enforcement official then identifies the parent/guardian who was cited and states the reason for the citation.

If this is a subsequent prosecution for violation of compulsory education laws, the officer should indicate to the court that they cited the parent/guardian pursuant to EC sections 48293(a)(2) or 48293(a)(3) because his records search indicated that the parent/guardian had been previously convicted for this same offense one or more times, respectively. Only previous citations that resulted in a finding of guilt may be counted for this purpose.

The school official will then testify. The school official needs to focus on how the parent/guardian, not the student, continually and willfully violated the directives in the SARB contract.

Some of the relevant evidence the school official may want to introduce to prove that the parent/guardian continually and willfully violated SARB directives includes:

• There were instances of unexcused absences or tardiness of more than 30 minutes by the student after the SARB meeting.
  
  
• The parent was previously advised at SARB that the number of absences or tardiness was affecting the student’s grades or the student’s likelihood to graduate on time.
  
  
• If this is a subsequent prosecution for failing to follow SARB directives in the same court, it is recommended that the school official or the officer ask the court to take judicial notice of the prior conviction. The court’s minute order is the written record of the proceeding that is retained in the court’s file. If the prior is from a different court, it is recommended that the school official or the officer bring a copy of the court’s minute order(s) finding the parent guilty. In some counties, this record can be found online. Some courts will not impose a higher fine for a subsequent violation, absent proof that the prior conviction(s) exists.
  
  
• The parent/guardian did not enroll and complete parenting classes.
  
  
• The parent/guardian did not attend classes with the student when requested to do so by the school.
  
  
• The parent/guardian did not provide doctor’s notes to excuse absences or take the student to see a school official to verify the illness.
  
  
• The total percentage of school missed by the student this school year and last year.

After the school official presented the district’s case, the parent/guardian has an opportunity to respond. After the parent/guardian has presented their defense, the court frequently allows for rebuttal testimony from the school official. Rebuttal testimony is a response to something the parent/guardian said during testimony. If the court does not ask for rebuttal testimony from the school official, it is appropriate to ask to be heard if anything further is needed. After both sides have been heard, the court makes a ruling. Sentencing may be done immediately or continued to a future date to give the parent/guardian and/or student an opportunity to comply with the court’s orders. If the court does not ask for input regarding sentencing, it is appropriate to ask to be heard. Most courts welcome any suggestions that will lead to compliance by the parent/guardian and student.

For example, the court may be requested to order the parent/guardian to:

• Complete a parent education course.
• Enroll the student in a particular school program.
• Attend school with the student one day.
• Cooperate with the school district.
• Monitor the student’s attendance weekly.

In addition, the court may be requested to suspend part of the fine on condition that the student’s attendance improves.

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Hypothetical Case

A school district official testifies that on January 30, the SARB met with the student and their parent and directed the parent to do the following as part of the SARB contract:

• Transport the student to school daily and on time.
  
  
• Walk the student to their first period class.
  
  
• Complete parenting classes and submit proof by April 30.
  
  
• Provide the school with a doctor’s note each time the student is absent or bring the student to school for a school official to verify the illness.
  
  
• Enroll the student in truancy prevention classes and provide proof of enrollment by April 30.

The school district official then states that they checked the student’s SARB file on May 10 and did not see proof that the parent had complied with any of the above directives.

In the above example, it is the responsibility of the parent/guardian to comply with each of the SARB directives. The fact that the parent violated more than one directive may be evidence that the violations were willful and continual.

Note: Even though SARB directed the parent to transport the student to school daily and on time, the fact that the student has absences and tardiness after the SARB meeting may not be enough alone to prove that the parent willfully disobeyed SARB directives.

This situation frequently occurs when a high school student defies the parent’s demands to attend school. Therefore, it is important to allege parental violations of SARB directives which do not require student cooperation, such as completion of parenting classes. In this example, the evidence is sufficient for the court to find the parent/guardian guilty. At this point in the proceeding, the school official may request permission to offer input regarding sentencing.

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