California Penal Code §270.1 — Chronic Truancy
PC §270.1 makes it a misdemeanor for a parent or guardian of a chronically truant pupil in kindergarten through 8th grade to fail without valid excuse to reasonably supervise and encourage the pupil's school attendance, after the school district has made adequate efforts to help address the truancy. Exposure is up to 1 year county jail and a $2,000 fine — or entry into a deferred-entry-of-judgment program under §270.1(b).
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Chronic Truancy Cases in All LA County Courts
01 — Quick Facts
PC §270.1 — Chronic Truancy at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §270.1 — Parent Failure to Supervise Attendance of Chronically Truant Pupil |
| Code Type | Penal Code (PC) |
| Classification | Misdemeanor |
| Jail Term | Up to 1 year county jail |
| Fine | Up to $2,000 |
| Chronic Truant Defined | Ed. Code §48263.6 — pupil absent from school without valid excuse for 10% or more of the schooldays in one school year |
| Grade Range | Kindergarten through 8th grade |
| Strike | No |
| Probation | Summary — up to 3 years; DEJ program under §270.1(b) |
| Expungeable | Yes under PC §1203.4 |
| Immigration | Generally not CIMT — but any DV or child-endangerment companion count may be |
| Related Codes | Ed. Code §48260 (truant definition), §48263.6 (chronic truant), Welf. & Inst. Code §601 (truancy jurisdiction) |
| If Charged | Call (213) 723-2337 immediately |
01 — What Is PC §270.1?
What Is California Penal Code §270.1?
PC §270.1 Reads:
"If a pupil in kindergarten or any of grades 1 to 8, inclusive, is a chronic truant as defined in Section 48263.6 of the Education Code, the parent or guardian of the pupil 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."
— California Penal Code §270.1(a)
PC §270.1 targets the parent or guardian — not the child. It criminalizes parental failure to supervise attendance of a 'chronic truant' as defined by Education Code §48263.6: a student absent without valid excuse for 10% or more of schooldays in one school year (roughly 18 or more days on a standard 180-day calendar). The statute applies only in kindergarten through 8th grade. A prosecution requires that the school district has already offered 'language accessible support services' — meaning a School Attendance Review Board (SARB) referral or documented equivalent.
§270.1 vs. Ed. Code §48293 Truancy
Ed. Code §48293 imposes escalating fines ($100–$500) for a parent's failure to compel attendance and is prosecuted as an infraction. PC §270.1 is the felony-adjacent misdemeanor version — reached only after the child qualifies as a chronic truant AND the district has provided support services. §270.1 is the escalation path when Ed. Code interventions have failed.
Why This Law Matters
LA County's SARB program refers hundreds of families to §270.1 prosecution each year. While diversion is common, the underlying charge triggers custody-court concerns (family-law), child-welfare investigations (DCFS), and — for non-citizen parents — collateral immigration exposure if paired with §273a child-endangerment counts. Rubin Law, P.C. defends by challenging the chronic-truancy calculus, the sufficiency of district support services, and the reasonableness of parental efforts.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §270.1
The People must prove each element beyond a reasonable doubt.
Pupil Was a 'Chronic Truant' in K–8
Ed. Code §48263.6 defines chronic truant as absent without valid excuse for 10% or more of schooldays in one school year, and the pupil is in kindergarten or grades 1–8.
Defendant Is Parent or Guardian
The statute reaches biological, adoptive, and legal guardians. Grandparents and other caregivers may qualify only if they hold formal legal custody.
Defendant Failed to Reasonably Supervise and Encourage Attendance
The People must prove failure to reasonably supervise and encourage — not perfect attendance, and not merely one missed conference. Reasonableness is measured against the parent's actual capacity and circumstances.
District Offered Language-Accessible Support Services
This is a statutory prerequisite. The People must show the district referred the family to SARB or an equivalent program, in a language accessible to the parent.
04 — Penalties
Penalties for PC §270.1 Chronic Truancy in California
§270.1 is a misdemeanor with a mandatory deferred-entry-of-judgment (DEJ) alternative under §270.1(b).
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Misdemeanor §270.1(a) | PC §270.1 | Up to 1 year county jail | Summary — up to 3 years | No |
| DEJ Program (§270.1(b)) | PC §270.1(b) | None — deferred entry; charge dismissed on successful completion | Program participation | No |
Sentencing Enhancements
Companion Ed. Code §48293 Infractions
Ed. Code §48293
Prior truancy infractions establish the pattern supporting §270.1.
Companion PC §273a Child Endangerment
PC §273a
Where truancy is symptomatic of broader neglect, §273a wobbler counts may follow.
DCFS / Dependency Referral
Welf. & Inst. Code §300
SARB referrals and §270.1 filings frequently trigger DCFS investigations and dependency-court petitions.
Additional Consequences Beyond Prison
- Custody / family-law consequences — moving-away, visitation, and support impact
- DCFS investigation and potential dependency-court proceedings
- Loss of subsidized-housing eligibility (some HUD programs consider child-endangerment convictions)
- Immigration exposure when paired with §273a — CIMT and potential deportability
- Employment and licensing consequences for parents in childcare, education, and healthcare fields
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §270.1 Chronic Truancy Charges
Rubin Law, P.C. defends §270.1 by attacking the chronic-truancy calculation, district compliance, and parental-reasonableness elements.
Reasonable Parental Efforts
Documentary evidence of parental attempts — wake-up routines, transport arrangements, teacher communications, counseling engagement, medical/mental-health treatment — defeats unreasonableness. Rubin Law builds a parenting-record file.
Reasonableness
Absences Were Valid Excuses (Ed. Code §48205)
Illness, medical/dental appointments, funeral services, jury duty, religious observance, and family emergencies are ALL valid excuses under Ed. Code §48205. Recalibrating attendance records under §48205 often drops the child below the 10% chronic-truancy threshold.
§48205
District Failed to Provide Support Services
The statute requires 'language accessible support services.' English-only notices to non-English-speaking families, missed SARB hearings, and undocumented district efforts defeat the statutory prerequisite.
Prerequisite
Non-Custodial Parent Defense
In shared-custody arrangements, the non-custodial parent typically lacks day-to-day supervision authority. Family-court orders defining custodial time defeat the parental-responsibility element.
Custody
DEJ Diversion (§270.1(b))
Where guilt is likely, Rubin Law negotiates §270.1(b) deferred entry of judgment — the charge is dismissed on successful program completion. This avoids conviction and preserves immigration status.
Diversion
Constitutional Sources
07 — Court Process
How PC §270.1 Chronic Truancy Cases Move Through Los Angeles Courts
§270.1 cases move through the misdemeanor process, often with a diversion track.
- 1
Step 1 — SARB Referral
The school district refers the family to the School Attendance Review Board. SARB hearings must be language-accessible.
- 2
Step 2 — DA Referral / Filing
SARB refers the case to the DA's Truancy Prosecution unit. Complaint filed as misdemeanor.
- 3
Step 3 — Arraignment
Parent enters plea. DEJ under §270.1(b) is typically offered at arraignment or first appearance.
- 4
Step 4 — Discovery
Attendance records, SARB records, teacher statements, and any DCFS reports.
- 5
Step 5 — Pretrial Motions
Ed. Code §48205 attendance recalculation, discovery motions on district compliance, and DEJ eligibility motions.
- 6
Step 6 — Trial (Rare)
Bench or jury trial on the misdemeanor. Prosecution presents attendance records and SARB records; defense presents parenting evidence and Ed. Code §48205 recalculations.
- 7
Step 7 — Sentencing / Diversion Completion
Successful DEJ completion — case dismissed. Otherwise: summary probation, up to 1 year jail, and $2,000 fine.
Los Angeles Courts That Handle PC §270.1 Chronic Truancy Cases
§270.1 filings occur in the courthouse serving the school location.
Clara Shortridge Foltz Criminal Justice Center
Central LA — LAUSD SARB truancy calendar.
Van Nuys Courthouse East
San Fernando Valley truancy calendars.
Airport Courthouse
West LA truancy cases.
Long Beach Courthouse
Long Beach USD and South Bay cases.
Pasadena Courthouse
Pasadena USD / San Gabriel Valley cases.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Chronic Truancy Defense Attorney
Daniel S. Rubin has defended clients charged with chronic truancy and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §270.1 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Chronic Truancy Cases Throughout LA County
09 — FAQs
PC §270.1 Chronic Truancy Questions — Los Angeles
What is the penalty for PC §270.1?
PC §270.1 is a misdemeanor punishable by up to 1 year in county jail and a fine of up to $2,000. Section §270.1(b) provides a deferred-entry-of-judgment program — the charge is dismissed on successful completion.
Who is a 'chronic truant' under §270.1?
Education Code §48263.6 defines a chronic truant as a pupil absent from school without valid excuse for 10% or more of the schooldays in one school year — roughly 18 or more days on a standard 180-day calendar.
Does §270.1 apply to all grades?
No. §270.1 applies only to pupils in kindergarten through 8th grade. High-school truancy is addressed under Ed. Code §48293 and Welfare & Institutions Code §601, not PC §270.1.
Do I have to be charged if my child is chronically truant?
No. §270.1 requires that the district first offer 'language accessible support services' (SARB referral or equivalent). Only after those interventions fail may the DA file §270.1. Compliance failures by the district are a complete defense.
What counts as a 'valid excuse' for an absence?
Ed. Code §48205 lists valid excuses: illness, medical/dental appointments, funeral services (up to 1 day in-state, 3 days out-of-state), jury duty, illness/dependency of child, religious observance, court appearances, and other approved reasons.
Can PC §270.1 be expunged?
Yes. After successful probation completion, PC §1203.4 expungement is available. Successful §270.1(b) DEJ completion results in dismissal without conviction, and no expungement is needed.
Will §270.1 affect my custody case?
It can. Family courts weigh criminal proceedings related to child welfare heavily. A §270.1 conviction may support the other parent's request for a change in custody or visitation, and may trigger a DCFS referral and dependency-court proceedings.
Available 24/7 — Free Consultation
Charged with Chronic Truancy Under PC §270.1?
§270.1 is a misdemeanor that triggers DCFS and custody-court consequences. Rubin Law, P.C. attacks attendance calculations, SARB compliance, and pushes for §270.1(b) dismissal. Call (213) 723-2337.