California Compulsory Education Laws

California has a strict education code that requires nearly all students to attend school between the ages of six and 18. California’s public education laws make parents and guardians responsible for enrolling their children in school and ensuring attendance throughout the school year.

The California Education Code addresses students attending private and parochial schools and parents who wish to homeschool their children. Attendance laws still require all school-age students to attend some type of full-time education until they reach adulthood.

Compulsory School Attendance Laws

All states have compulsory education laws to ensure all U.S. residents are literate and reasonably educated. Before the 20th Century, only towns and cities large enough to support a public school system had graded schools for all students. Today, all children must get some type of basic education.

California’s Education Code requires that:

• Children six to 18 years of age
• Attend public school or an approved alternative
• Full-time as determined by the school district or other governing board
• For not less than the minimum school day, unless otherwise exempted

Parents and legal guardians who do not send their children to public school can enroll them in any approved alternative school. These alternatives still fall under some provisions of the California Department of Education.

Alternative School Choices

The California Department of Education has approved these alternatives for parents who prefer not to send their children to the nearest public school. They include:

• Charter schools: These are publicly funded schools that have more flexible curricula than traditional schools, are independently run, and may have online or hybrid options
• Private and parochial schools: Private schools must follow state curriculum requirements, but are not directly overseen by the Department of Education
• Private school affidavits/homeschooling: Parents can homeschool their children by filing a Private School Affidavit (PSA) with the Department of Education, making their home a “private school” that must follow California attendance and curriculum requirements
• Non-public schools: Specialized private schools may contract with local districts to provide classes for special-needs students
• Non-classroom-based programs: Some charter schools may offer independent study programs, remote learning, and homeschooling classes
• Continuation school: Education programs for 16- to 18-year-old students who work while completing their diploma

Students at these schools still must meet minimum California education requirements.

Exemptions

Some children are exempt by law from attending public school. These are permanent conditions unrelated to a single day or period of absence. Reasons include:

• Permanent physical or mental condition that makes attendance unsafe for the child: A physician may order or recommend such a removal for the child
• Emancipation: Emancipated minors who have otherwise completed their schooling may choose to begin work or attend college
• Work permit or continuation school: Students over the age of 16 may obtain a work permit and attend continuation school while employed
• Independent study programs: Charter and public schools that offer independent study can release individual students for independent study or distance learning

Other situations may also exempt a student.

Enrollment and Attendance

Enrollment depends on a student’s home address. California state law allows students who live in some cities where their home school district is less convenient than a closer district to enroll in the adjacent district.

As schools learned during the 2020 lockdowns, missed days mean that students do not retain what they learned. Regular attendance is essential for students to maintain steady progress throughout their education. Too many half-days and missed classes mean students are not fully educated by their high school graduation.

Enforcement and Consequences

Schools are aware that students skip classes. State law defines truancy as a student who is either absent three full days in one school year, tardy or absent more than 30 minutes during the school day on three occasions, or any combination of these without a valid excuse. The School Attendance Review Board (SARB) handles statistics on truant students and parent notification.

Penalties

Parents are responsible for ensuring their children attend school. After the first truancy report, the SARB sends a Notice of Truancy to the parent or guardian’s residence. If truancy continues, the attendance supervisor will submit a formal request to meet with the parent.

If the parent fails to attend or respond to any notices, the SARB can refer the parent to the district attorney’s office for criminal charges. Failure to attend truancy meetings can result in an infraction (ticket) or a misdemeanor. More serious charges depend on the student’s age and the number of truancy violations.

Habitual truants may become wards of the court. Truants 16 years of age and over may face criminal charges, be ordered to perform community service, or pay fines of up to $50.

Getting Legal Advice on Compulsory Education

California has strict requirements for public school attendance. California no longer accepts waivers for student vaccinations, including for personal preference or religious exemptions. Medical exemptions are permitted in specific circumstances. Beginning in 2026, California classrooms must follow new laws, including:

• Phone-free schools that no longer allow any cell phones, tablets, or other devices into the classroom
• Gender-neutral bathrooms
• Task forces for creating Native American curricula
• Prohibition on book banning

California laws prohibit immigration enforcement on all public school campuses. Some cities, including Los Angeles, Long Beach, and San Francisco, have municipal ordinances banning police from assisting federal officers during immigration sweeps.

Parents who have concerns about any of these issues may want to consult an education law attorney in California. A local attorney will be well-versed in both local and state laws.