DEFINITION OF A TRUANT

The California Legislature defined a truant in very precise language. In summary, it states that a student missing more than 30 minutes of instruction without an excuse three times during the school year must be classified as a truant and reported to the proper school authority. This classification and referral helps emphasize the importance of school attendance and is intended to help minimize interference with instruction. Effective January 1, 2013, the law was amended to authorize school administrators to excuse school absences due to the pupil’s circumstances, even if the excuse is not one of the valid excuses listed in the California Education Code (EC) or the uniform standards established by the governing board of the district. The EC section that defines a truant reads as follows:

EC Section 48260:

(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 30-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.

(b) Notwithstanding subdivision (a), it is the intent of the Legislature that school districts shall not change the method of attendance accounting provided for in existing law and shall not be required to employ period-by-period attendance accounting.

(c) For purposes of this article, a valid excuse includes, but is not limited to, the reasons for which a pupil shall be excused from school pursuant to Sections 48205 and 48225.5 and may include other reasons that are within the discretion of school administrators and, based on the facts of the pupil's circumstances, are deemed to constitute a valid excuse.

(Amended by Stats. 2012, Ch. 432, Sec. 1. (AB 2616) Effective January 1, 2013.)

REASONS FOR EXCUSED ABSENCES

EC Section 48205:

(a) Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:

1. Due to the pupil’s illness, including an absence for the benefit of the pupil’s mental or behavioral health. The state board shall update its illness verification regulations, as necessary, to account for including a pupil’s absence for the benefit of the pupil’s mental or behavioral health within the scope of this paragraph.

2. Due to quarantine under the direction of a county or city health officer.

3. For the purpose of having medical, dental, optometrical, or chiropractic services rendered.

4. For the purpose of attending the funeral services of a member of the pupil’s immediate family, so long as the absence is not more than one day if the service is conducted in California and not more than three days if the service is conducted outside California.

5. For the purpose of jury duty in the manner provided for by law.

6. Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including absences to care for a sick child, for which the school shall not require a note from a doctor.

7. For justifiable personal reasons, including, but not limited to, an appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupil’s religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization, when the pupil’s absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board of the school district.

8. For the purpose of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.

9. For the purpose of spending time with a member of the pupil’s immediate family who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district.

10. For the purpose of attending the pupil’s naturalization ceremony to become a United States citizen.

11. For the purpose of participating in a cultural ceremony or event.

12. Authorized at the discretion of a school administrator, as described in subdivision (c) of Section 48260.

(b) A pupil absent from school under this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit therefor. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.

(c) For purposes of this section, attendance at religious retreats shall not exceed four hours per semester.

(d) Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments.

(e) For purposes of this section, the following definitions apply:

1. “Cultural” means relating to the habits, practices, beliefs, and traditions of a certain group of people.

2. “Immediate family” means the parent or guardian, brother or sister, grandparent, or any other relative living in the household of the pupil.

(Amended by Stats. 2021, Ch. 672, Sec. 1.5. (SB 14) Effective October 8, 2021. Operative January 1, 2022, pursuant to Sec. 3 of Stats. 2021, Ch. 672.)

DEFINITION OF A CHRONIC TRUANT

EC Section 48263.6:

Any pupil subject to compulsory full-time education or to compulsory continuation education who is absent from school without a valid excuse for 10 percent or more of the schooldays in one school year, from the date of enrollment to the current date, is deemed a chronic truant, provided that the appropriate school district officer or employee has complied with Sections 48260, 48260.5, 48261, 48262, 48263, and 48291.

(Added by Stats. 2010, Ch. 647, Sec. 1. (SB 1317) Effective January 1, 2011.)