A truant is a student who stays away from school without permission or an explanation. Truancy laws are designed to encourage school attendance by creating simple court procedures through which children are held accountable for excessive school absences. The courts focus on the best interest of the child when addressing the truant conduct of a child.
Truant conduct is usually prosecuted or addressed as a civil (noncriminal) matter, and the definition and procedures for dealing with truancy are usually located in a state's statutes—often in the family code or education code.
In California, truancy laws are primarily governed by the California Education Code. These laws define a truant as a student 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. Once a student is declared a truant, schools are required to report this to the student's parents or guardians. If the truancy persists, the matter may be referred to the School Attendance Review Board (SARB) or the district attorney. The SARB works with the student and family to resolve the issues causing truancy, and if these efforts fail, legal action may be taken. This can include filing a petition with the juvenile court, which can result in various orders aimed at ensuring school attendance, such as mandatory counseling or educational programs for the student and/or parents. The focus is on the best interest of the child, with the goal of keeping students in school and addressing underlying issues contributing to truancy.