Last Updated on September 10, 2024
Skipping school is something most students do at one point or another —most schools even have an unofficial “senior ditch day” where students cut class near the end of the year. But it turns out that under California Penal Code section 270.1(a) (PC), when a minor misses too much school, they can be labeled as “chronically truant,” and they and their parents could face criminal penalties. Fortunately, while you can go to jail for skipping school, these charges are rare.
Is Skipping School a Crime?
Yes, but a minor won’t have to head to court if they only skipped school one day —you or your child can only get arrested for ditching five or more classes. A student isn’t considered truant under California state law until she has three or more unexcused absences, which means missing 30 or more minutes in a given school day. Even after that point, a school will only discuss the situation with the student’s parents. At four absences, the school must notify the district’s superintendent or attendance supervisor, who will monitor the situation.
Once a student has missed five or more school days, she will be considered habitually truant, and the school may choose to refer the case to the District Attorney or juvenile court. At this point, the truancy has run afoul of California state law under Penal Code section 270.1(a) (PC), and both the child and parents could be charged with a crime.
Why is Truancy a Crime?
California public schools receive money for every student in class on any given day. When a student skips class, it ends up costing the school money. Of course, the state hasn’t outlawed truancy only to maintain funding for schools; legislators want students to get a good education by attending class, and they also know that the safest place for minors to spend their time is in the classroom. After all, you don’t want kids to end up stealing someone’s Ferrari and running amok throughout the city.
Is Truancy an Infraction, a Felony, or a Misdemeanor?
Truancy is a much more minor offense than shoplifting or gang activity, which is why this offense is usually only an infraction. Most truancy cases are never referred to the court, and minors are rarely ever charged. When a teen is referred to court for their truancy, they will face penalties meant to force them to start attending school, not to punish them. These consequences may include mandatory education classes, lost driving privileges, or probation.
Parents are legally required to send their children to school. While truancy is not always a parent’s fault, when they are responsible for their child habitually skipping school, the school may refer the parent to the District Attorney, who could file criminal charges.
If the D.A. files an infraction, the parent will typically be fined up to $500. If a student is in kindergarten through 8th grade and misses 10% or more of the school year, the parent could face more serious consequences for failing to supervise a child’s school attendance, charged under 270.1(a) (PC). Penalties for this offense include up to $2,500 in fines and one year in jail, though probation may be given instead. Parents who face criminal truancy charges typically qualify for a diversion program, allowing them to keep the offense off their criminal record.
Parents (or others responsible for the truancy) may also be charged with contributing to the delinquency of a minor, which can carry penalties of up to one year in jail and $2,000 in fines. While you do not typically need a lawyer if you are facing a citation, those charged with a misdemeanor should contact a criminal defense attorney as soon as possible.
Avoiding Truancy Charges
While it is illegal to ditch school, not every absence is considered a truancy. Absences may be excused for:
- illness
- medical appointments
- dental appointments
- optometrist appointments
- funerals of immediate family members
- justifiable personal circumstances approved by the school
- a child to spend time with a family member on active military duty
- any other reason approved by the school’s administration
Additionally, the law only applies to students between the ages of 6-17 who attend public school. Students 5 and younger or 18 and older, and those attending private or homeschool cannot be charged with truancy. Because the law makes no exception for students with mental or behavioral issues that make school attendance difficult, it is often beneficial for these students to attend private school or homeschool.
Remember that skipping school is illegal and can even result in criminal charges. If you or your juvenile child has been accused of chronic truancy, contact Peter M. Liss to discuss the right defense for your case. Please call (760) 643-4050 or (858) 486-3024 to schedule a free initial consultation.
