Parents and legal guardians in the state of California are legally required to make sure their children receive a certain amount of schooling. This education is considered a necessity by the state. Individuals who do not take steps to ensure that their children regularly attend school can be prosecuted under California Penal Code Section 270.1(a): Failure to Supervise Pupil’s School Attendance.
You can get more information about this serious criminal charge right here with the Simmrin Law Group. Go over:
- The Definition of PC 270.1(a) Violations
- The Penalties for a PC 270.1(a) Conviction
- Legal Defenses for PC 270.1(a) Accusations
Defining Failure to Supervise a Pupil’s School Attendance in California
You can find a specific definition for failure to supervise a pupil’s school attendance in PC 270.1(a). This legal code requires parents or legal guardians to reasonably supervise school attendance for students that are:
- Six Years of Age or Older
- In Kindergarten through 8th Grade
- Attending Full-Time or Continuation Education
Parents or legal guardians demonstrate a failure to reasonably supervise students if their child becomes a chronic truant. Chronic truants are defined in California as students who are:
- Absent for at Least 10% of All Schooldays
- In a Single School Year
- Without a Valid Excuse
Note that this charge should not apply to parents or legal guardians who are lawfully homeschooling a child.
Reviewing the Penalties for Failure to Supervise a Pupil’s School Attendance
PC 270.1(a) is treated as a misdemeanor in the court system in California. This means that a conviction can have serious legal repercussions, including:
- Fines of Up to $2,000
- Jail Time of Up to 1 Year
However, some individuals are able to avoid a PC 270.1(a) conviction by taking part in a deferred entry of judgment program. This legal program may require parents or legal guardians to complete certain tasks, such as:
- Substance Abuse Treatment
- Parenting Classes
Parents or guardians that perform these steps could avoid a conviction for failure to supervise a pupil’s school attendance.
Charges Related to Failure to Supervise a Pupil’s School Attendance
Failure to supervise a pupil’s school attendance is one of many criminal charges used to prosecute acts of child neglect or abuse in California. Parents and legal guardians throughout the state could also be subject to criminal charges for:
- California Penal Code Section 270: Failure To Provide Care/Child Neglect
- California Penal Code Section 272: Contributing To The Delinquency Of A Minor
- California Penal Code Section 273(a): Child Endangerment
- California Penal Code Section 273(d): Child Abuse / Inflicting Physical Punishment On A Child
Cases involving domestic violence are often punished more harshly than cases involving neglect, with convictions leading to longer periods of incarceration and higher fines.
Legal Defenses for Failure to Supervise a Pupil’s School Attendance
You have options if you are accused of failing to supervise a pupil’s school attendance in the state of California. You can get specialized help handling PC 270.1(a) charges by contacting a Los Angeles criminal defense lawyer. Working with a legal professional may allow you to build a defense by demonstrating that:
Your Child Was Not a Chronic Truant
PC 270.1(a) charges should only apply if a child under your care and protection missed more than 10% of the school days in a single year without any valid excuse. If you can prove that your child did not meet this threshold, you should be able to avoid a PC 270.1(a) conviction.
Your Child was Being Homeschooled
You are legally allowed to homeschool your child in California in many circumstances. Homeschooled children must still receive regular education, but they do not have to attend an official school. As long as you are meeting California’s educational standards, you should not be convicted under PC 270.1(a) for teaching your child at home.
You Provided Reasonable Supervision
Parents and legal guardians in California can only control so much about their children’s lives. There may be situations where you take every reasonable step and still cannot ensure your child’s attendance at school. In this situation, you may not be convicted of failure to supervise a pupil’s school attendance.
Handle PC 270.1(a) Charges with a Legal Professional
You can get professional help dealing with California Penal Code Section 270.1(a): Failure to Supervise Pupil’s School Attendance accusations by contacting a criminal defense lawyer in Los Angeles. Start working on your defense now by reaching out to the Simmrin Law Group. You can complete our online contact form or call (310) 896-2723 now.
Focus on standing up to PC 270.1(a) charges with a FREE consultation.