Penal Code § 270.1 – Failure to Supervise Child’s School Attendance

Penal Code § 270.1 PC makes it a crime when parents or guardians fail to provide reasonable supervision and enforcement of their child’s school attendance. This applies to children ages six or older in grades K through 8.

A conviction is a misdemeanor punishable by up to 1 year in jail and fines of up to $2000.00.

The language of the code section reads as follows:

270.1(a). A parent or guardian of a pupil of six years of age or more who is in kindergarten or any of grades 1 to 8, inclusive, and who is subject to compulsory full-time education or compulsory continuation education, whose child is a chronic truant as defined in Section 48263.6 of the Education Code, who has failed to reasonably supervise and encourage the pupil’s school attendance, and who has been offered language accessible support services to address the pupil’s truancy, is guilty of a misdemeanor punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. A parent or guardian guilty of a misdemeanor under this subdivision may participate in the deferred entry of judgment program defined in subdivision (b).

One of the important requirements under this section is that the child in question must be a “chronic truant.” A “chronic truant” is a child absent from school, without a valid excuse, for 10 percent or more of the school days in one school year.

Examples

• a dad ignores the fact that his 12-year-old son continues to skip school, even though he has been labeled a chronic truant by school officials.
• a mom of a 4^th grader, whose principal has declared her to be a chronic truant, continuously picks up her daughter early from school so that the child can hang out with friends and play video games.
• a guardian of a chronic truant always disregards the fact that his 7^th grader skips school to bike with friends.

There are several legal defenses that you can raise if accused of failing to supervise a pupil’s school attendance. These include showing that:

• you provided “reasonable” supervision;
• the child involved in the case was not a “chronic truant;” and/or,
• you gave a coerced confession.

Penalties

A violation of Penal Code 270.1 is charged as a misdemeanor (as opposed to a California felony or an infraction). The crime is punishable by:

• imprisonment in the county jail for not more than one year; and/or,
• a maximum fine of $2,000.

Our California criminal defense attorneys will explain the following in this article:

• 1. Can I be prosecuted if my children do not go to school?
• 2. Best Defenses
• 3. Penalties
• 4. Related Offenses
• Additional Reading

California Penal Code 270.1(a) PC is the California statute that makes it a crime if a parent or guardian does not provide reasonable supervision of a “child’s” school attendance.

1. Can I be prosecuted if my children do not go to school?

Penal Code 270.1(a) PC is the California truancy law that makes it a crime when you insufficiently supervise your child’s school attendance.

A prosecutor must prove four elements in order to convict you under this code section successfully. These are:

1. You were a parent or guardian of a child-student that was six years of age or more and who was in kindergarten or any grade between 1st and 8^th;
2. your child is subject to compulsory full-time education or continuation education;
3. you failed to supervise their school attendance reasonably; and,
4. your child was a “chronic truant.”¹

A judge or jury will determine whether or not you provided “reasonable” supervision based on all of the facts of a given case.

According to California Education Code 48263.6, a “chronic truant” is a child-student that is absent from school, without a valid excuse, for 10 percent or more of the school days in one school year.²

2. Best Defenses

If you are accused under PC 270.1(a), you can challenge the accusation by raising a legal defense. A good defense can often get a charge reduced or even dismissed. Please note, though, that it is critical to hire an attorney to get the most effective defense.

Three common defenses are:

1. you provided reasonable supervision;
2. your child was not a chronic truant; and/or,
3. the police coerced your confession.

You Provided Reasonable Supervision

Please recall that one element a prosecutor must prove under Penal Code 270.1(a) is that you failed to supervise your child’s school attendance reasonably. A judge or jury will determine whether or not you provided “reasonable” supervision based on all of the facts of a given case. This means you can build a legal defense by highlighting all the details in a case that show your supervision was reasonable under the circumstances.

Your Child was Not a Chronic Truant

Also, recall that a prosecutor must prove under PC 270.1(a) that your child was a “chronic truant.” This term has a specific definition under EC 48263.6, namely that your child was absent from school, without a valid excuse, for 10 percent or more of the school days in one school year. A solid defense, therefore, is to show that your child was not a chronic truant, under EC 48263.6.

The Police Coerced Your Confession

This defense applies to the situation where you were charged under PC 270.1(a) following a confession.

California law states that police may not use overbearing measures to coerce a confession.

If you can show that the police coerced you into a confession, then:

• The judge may exclude the confession from evidence; or,
• The case could get dropped altogether if you got pressured into confessing to a crime you did not commit.

Violating this law can result in prison time and/or a fine

3. Penalties

A violation of Penal Code 270.1(a) is charged as a misdemeanor.³

The crime is punishable by:

• imprisonment in the county jail for not more than one year; and/or,
• a maximum fine of $2,000.⁴

Please note that in lieu of jail time, a judge may order you to misdemeanor probation. This is also called “summary” or “informal” probation.

Also note that under this section, you may get a deferred entry of judgment program.⁵ This program would allow you to avoid a conviction provided that certain conditions are met (for example, completing parenting classes and/or substance abuse treatment).⁶

4. Related Offenses

There are three crimes related to failure to supervise a pupil’s school attendance. These are:

1. contributing to the delinquency of a minor – PC 272
2. child endangerment – PC 273(a)
3. failure to provide care/child neglect – PC 270

Additional Reading

• Risk factors for child neglect – Aggression and Violent Behavior.
• Parental Depression and Child Outcomes: The Mediating Effects of Abuse and Neglect – Journal of Marriage and Family.
• Consequences of parental burnout: Its specific effect on child neglect and violence – Child Abuse & Neglect.
• Dimensions of Child Neglect: An Exploration of Parental Neglect and Its Relationship with Delinquency – Child Welfare.
• The Legal Framework for Child Protection – Columbia Law Review.

Legal References: