Note: Updated to reflect current laws after the repeal of 270.1 (PC) in 2026.
Skipping school is common—many schools have an unofficial “senior ditch day” near year’s end. In many states, though, it is actually a crime. Fortunately, as of January 1, 2026, ordinary truancy will no longer be a criminal offense in California, whether students are walking out for a protest or pulling a Ferris Bueller.
Of course, that doesn’t mean juveniles can avoid consequences if they ditch school. Education is still compulsory in California —though parents will no longer face criminal penalties for truancy. Today, truancy cases are generally handled through school interventions, attendance review programs, juvenile court proceedings, and, occasionally, consequences for parents who fail to comply with compulsory education laws.
Table of Contents
Is Skipping School a Crime?
Not in California —at least, not anymore. But up until the start of 2026, chronic truancy was a crime under Penal Code section 270.1(a) (PC). Today, California schools generally focus on intervention and attendance support through the local School Attendance Review Board (SARB) rather than seeking criminal prosecution.
In some rare cases, minors over 12 may be referred to the juvenile court. The court could suspend a teen’s driver’s license, delay their ability to obtain a license, or, in limited circumstances, this could result in their being declared a ward of the court.
While truancy itself isn’t a crime, parents (or others responsible for the truancy) can still 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.
When is Someone Considered Truant?
A student is truant after one unexcused absence of over 30 minutes. Three unexplained absences make a student habitually truant; after ten, they’re considered chronically truant.
Officially, 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 applies only to students ages 6-17 who attend public school. Students who are homeschooled through a PSA, or who are 5 years old or younger or 18 years old or older, are not subject to truancy laws. Those attending private schools are subject to unique processes and laws.
What Happens When a Student is Habitually Truant?
Truancy may no longer be a crime since 270.1 (PC) was repealed, but it remains a serious concern. When a child is habitually truant, the school first sends a letter to the parents and then holds at least one meeting with the parent and student to address attendance.
When attendance doesn’t improve, the school will reach out to the Student Attendance Review Board, which will review the issue and attempt to find its cause. The SARB will then work to find solutions to address the issue, which may include support for mental health, physical illnesses, or transportation problems. The student and parent will typically be asked to sign contracts agreeing to increase the child’s attendance using the plan created by the SARB.
If these efforts still prove fruitless, the matter may be referred to the juvenile court or the District Attorney. Students could become wards of the court, while parents may face fines or be charged with delinquency of a minor or child neglect, depending on the situation.
Why is Truancy Taken so Seriously?
There are many reasons schools are so focused on attendance:
- Kids who miss class are missing out on the education they may need to be successful later in life.
- Students who are habitually truant are less likely to graduate.
- Parents need to know where their children are throughout the day.
- Students who ditch miss socialization opportunities with their peers.
- Children are safer in classrooms than out in public unsupervised.
- California public schools receive money based on attendance.
When to Call a Defense Lawyer
While skipping school may no longer be a criminal offense, students may still be referred to juvenile court, and parents may face charges for contributing to the delinquency of a minor. If you are a parent worried about the legal consequences your child’s truancy could bring, please call (760) 643-4050 or (858) 486-3024 to schedule a free initial consultation with attorney Peter Liss.
Frequently Asked Questions
Can Parents Still be Arrested for Truancy in California?
No. Since Penal Code section 270.1 (PC) was repealed in 2026, parents are generally no longer subject to criminal truancy penalties for a child’s school absences. However, in rare situations involving neglect or delinquency, parents could still face separate criminal charges.
What is a SARB Meeting?
A School Attendance Review Board meeting addresses chronic truancy by bringing together local community and school representatives. The goal is to identify why a student misses classes and develop a plan to improve attendance.
Can Truancy Affect a Driver’s License?
Yes. In some cases, a habitually truant student may have their driving privileges delayed or suspended by the juvenile court until their attendance is back on track.
Can Homeschool Students Be Truant?
Students homeschooled through a PSA are not subject to state truancy laws, though they are still subject to California’s compulsory education laws. Parents of children enrolled in charter homeschools must report attendance and are subject to truancy rules.
