The governing board of any school district, shall, on the complaint of any person, make full and impartial investigation of all charges against any parent, guardian, or other person having control or charge of any child, for violation of any of the provisions of this chapter. If it appears upon investigation that any parent, guardian, or other person having control or charge of any child has violated any of the provisions of this chapter, the secretary of the board of education, except as provided in Section , or the clerk of the board of trustees, shall refer such person to a school attendance review board.
In the event that any such parent, guardian, or other person continually and willfully fails to respond to directives of the school attendance review board or services provided, the school attendance review board shall direct the school district to make and file in the proper court a criminal complaint against the parent, guardian, or other person, charging the violation, and shall see that the charge is prosecuted by the proper authority.
In the event that a criminal complaint is not prosecuted by the proper authority as recommended, the official making the determination not to prosecute shall provide the school attendance review board with a written explanation for the decision not to prosecute.
In counties, cities, and cities and counties, and in school districts having an attendance supervisor, the attendance supervisor shall make and file the complaint provided for by this article and shall see that the charge is prosecuted by the proper authorities. The superintendent shall then sustain or deny the allegations. The truancy rate of a school is determined by the number of students in a school who are classified as truants pursuant to EC Section during the school year compared to the cumulative enrollment of the school.
California Department of Education. Home Learning Support Attendance Improvement Truancy Truancy Information and resources that define truancy and truancy penalties and other related information. The EC section that defines a truant reads as follows: EC Section a A pupil subject to compulsory full-time education or to compulsory continuation education who is absent from school without a valid excuse three full days in one school year or tardy or absent for more than a minute period during the school day without a valid excuse on three occasions in one school year, or any combination thereof, shall be classified as a truant and shall be reported to the attendance supervisor or to the superintendent of the school district.
Return to top First Notification Mandate In addition to the reporting requirement, the law states that the school district must notify the parent or guardian of the truant by the most cost-effective method possible, and that the notification must include specific information related to the student's unexcused absences.
Return to top Habitual Truant Mandate The law further requires that after a student has been reported as a truant three or more times in one school year and after an appropriate school employee has made a conscientious effort to hold at least one meeting with the parent and the student, the student is deemed a habitual truant. The EC Section outlining habitual truancy reads as follows: EC Section Any pupil is deemed an habitual truant who has been reported as a truant three or more times per school year, provided that no pupil shall be deemed an habitual truant unless an appropriate district officer or employee has made a conscientious effort to hold at least one conference with a parent or guardian of the pupil and the pupil himself, after the filing of either of the reports required by Section or Section Return to top Interventions When a student is a habitual truant, or is irregular in attendance at school, or is habitually insubordinate or disorderly during school, the student may be referred to a school attendance review board SARB or to the county probation department pursuant to EC Section Return to top Referral to School Attendance Review Board EC Section a If a minor pupil in a school district of a county is a habitual truant, or is a chronic absentee, as defined in Section , or is habitually insubordinate or disorderly during attendance at school, the pupil may be referred to a school attendance review board, or to the probation department for services if the probation department has elected to receive these referrals.
Return to top Penalties Student The law provides schools and school districts with discretion regarding student penalties for truancy as long as they are consistent with state law.
Return to top California Education Code Penalties Parent Penalties against parents apply when any parent, guardian, or other person having control or charge of any student fails to compel the student to attend school. B Mental and physical health services. C Parenting classes and support. D Substance abuse treatment. E Child care and housing. Parents have an obligation to ensure their kids attend school. Additionally, a parent could face misdemeanor charges for contributing to the delinquency of a minor with penalties of:.
Parents could also face contempt of court charges if they do not obey court orders connected to truancy proceedings. A San Bernardino criminal defense lawyer will be able to explain your rights in this situation and help you form a plan moving forward. As a result, the consequences for a parent of a truant student can be significant.
Failure to Compel a Student to Attend School. Contributing to the Delinquency of a Minor. In some cases, a parent may be charged with this Class A Misdemeanor.
Chronic Truancy. It is important to note that the state has no exemptions for public school students who have medical issues, emotional or behavioral problems, or are enrolled in special education classes.
However, each case is assessed on the facts and circumstances of which it is comprised, so it is unlikely for a court to hand down such a severe punishment if the parent is making concerted efforts to get their child to school. California firmly believes that public education is a right each student in the state is entitled to receive. To discourage truancy California requires adherence to strict attendance guidelines. If a student continues to engage in truant behavior, the school may require a hearing to discuss the problem and develop a solution.
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