Failure to Supervise a Pupil’s School Attendance

What is the definition of failure to supervise a pupil’s school attendance under PC 270.1?

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 continuing 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.

What is a truant as defined under Penal Code 270.1 PC?

A truant is a person who misses, on three separate occasions, 30 minutes of class without an excuse. Another definition is the minor child missing 10 percent or more of the school period from the enrollment date to the conclusion of the school period.

Are there any exceptions to truancy under Penal Code 270.1 PC?

A student shall not be considered a truant if they have a validated medical appointment; quarantine; funeral services; naturalization appointment; a family need to vacate a location for active or reservists’ duty in any US Branch of the Armed Forces; culture events; valid work permits; or upon the discretion of the school administration.

What is considered a full-time school program under Penal Code 270.1 PC?

For the Los Angeles Unified School District, the calendar year is 180 days. In terms of hours, its 3 hours and 20 minutes per day for kindergarten, 4 hours and 40 minutes for grades 1st through 3rd, and 5 hours per day for grades 4th through 8th.

What is considered a parent or guardian under Penal Code 270.1 PC?

A person that has lawful custody of a minor, as determined by birth or lawful order to determine the health, safety and welfare needs of the minor child. These decisions include medical, dental, surgical, spiritual, transportation, shelter, food, clothing, schooling relational development.

What is considered reasonable supervision for a parent or guardian towards the minor?

Reasonable efforts include the parent’s or guardians’ utilization of all economic, familial and socioeconomic resources available to the parent as objectively expected to get the child to school.

Sentencing for Penal Code 270.1 

What are the penalties for a violation of Penal Code 270.1 PC?

The penalties for a violation of Penal Code 270.1 PC is a misdemeanor. The penalties include confinement not exceeding 1 year in jail, with fines not exceeding $2,000 dollars.

Are their options for the parent or guardian other than confinement in jail?

Yes. There is deferred adjudication. The judgment of punishment is deferred to a later date, and allows the accused parent or guardian to avoid punishment by ascribing to particulars from the court. The Court, on its own accord may appoint an administrator to supervise the parent or guardian to ensure the minor child does not miss school and ascribe the minor child and parent, or guardian to substance abuse classes; parental or family therapy; alternative housing; psychological or physiological therapy.

What are examples of violations of Penal Code 270.1 PC?

• Dan and Jessica are alcoholics who always stayed up drinking. They fell asleep in the morning and were not able to get their 7-year-old daughter to get ready for school. The child was in the 3rd grade and had already skipped 7 days of school. A neighbor, who is a substitute teacher, has offered many times to take their child to school, but Dan and Jessica refuse. The neighbor calls the LAUSD. The school district sent a truancy officer to Dan and Jessica and confirmed the conditions of the home and the truancy. The truancy officer calls a social worker who arrives and places the child with CPS. Dan and Jessica are given a notice to appear from the Los Angeles District Attorney’s office. The Court assigns Dan and Jessica to Deferred Adjudication.

Defending Penal Code 270.1 

Are there defenses to a violation of Penal Code 270.1 PC?

1. Mistake in Law
2. a. Parents are members of the armed forces, and the period of truancy is attributed to the parents being stationed to another location.
   b. The child is under 6 years of ageNecessity
3. a. Abusive Spouse
   b. Abusive PartnerDiminished Capacity of Parent of Guardian to understand the essential needs of the minor child.
4. Cultural or Spiritual needs that prevail in school.
5. Minor child is a sanctioned worker