California will soon eliminate jail time and fines for parents whose children are frequently absent from school, following Governor Gavin Newsom's signing of a new law. The legislation, Assembly Bill 461, is set to take effect in 2026. However, the Tehama County District Attorney's office is proceeding with arrests under the existing law, creating a period of conflicting approaches to student absenteeism.
Key Takeaways
- Governor Newsom signed Assembly Bill 461, which removes jail time and fines for parents over student truancy, effective January 1, 2026.
- Tehama County's District Attorney is continuing to enforce the current law, which allows for arrests, until the new law takes effect.
- The bill's author argues that punitive measures are ineffective and that support programs are the key to improving attendance.
- The county's DA maintains that the threat of arrest is a necessary last resort to ensure children attend school.
New State Law Changes Approach to School Truancy
On October 1, 2025, Governor Gavin Newsom signed Assembly Bill 461 into law, signaling a major shift in how California addresses chronic school absenteeism. The new law will repeal Penal Code section 270.1, which currently allows for criminal penalties, including fines and jail sentences, for parents of truant students.
This change will not be immediate. The provisions of AB 461 are scheduled to become effective on January 1, 2026. Until then, existing laws remain in force across the state's counties.
The legislation was authored by Assemblymember Patrick Ahrens, who advocates for a supportive rather than punitive approach to solving truancy. Proponents of the bill argue that jailing parents for their children's absenteeism does not address the underlying issues that cause students to miss school.
What is Considered Truancy?
Under California law, a student is generally considered truant if they miss more than 10% of the school year without a valid excuse. This triggers a series of interventions by the school district before law enforcement typically becomes involved.
Tehama County Continues Enforcement Under Current Law
Coinciding with the signing of the new bill, the Tehama County District Attorney's office announced its latest truancy enforcement operation. District Attorney Matt Rogers confirmed that his office would continue to utilize the existing law until it is officially repealed.
The operation has already resulted in three arrests, with active warrants issued for 11 other individuals. Rogers clarified that the new law will not apply retroactively to these cases.
“It’s not the end of the story," Tehama County District Attorney Matt Rogers said of the new bill. "We still have tools at our disposal and we intend to continue with what has been a successful truancy program for many years.“
Rogers emphasized that arrests are a final step in a long process and are only pursued when all other methods have failed to produce results. He stated that the primary goal is not to punish parents but to compel them to get their children back into the classroom.
The Enforcement Process Explained
Before the District Attorney's office intervenes, school districts make several attempts to resolve attendance issues directly with families. The typical process includes:
- Multiple letters sent to parents informing them of the absences.
- A formal hearing to discuss the problem and offer support and solutions.
- Additional letters from the DA's office once the case is referred to them.
- Possible home visits by officials to mediate and find other solutions.
Only if these extensive outreach efforts fail does the county consider legal action. Under the current law, parents could face up to one year in jail and a $2,000 fine, though Rogers noted such maximum penalties are rarely sought.
A Last Resort Measure
“That is last resort," Rogers said. "I can not emphasize that enough, that really the last thing we want to be doing is going out and arresting parents, but sometimes it's the only thing that gets through.“
Debate Over Effectiveness: Punishment vs. Support
The situation in Tehama County highlights a statewide debate on the most effective way to combat chronic absenteeism. While Rogers credits the threat of legal consequences for helping improve attendance rates in his county, the bill's author presents a different perspective backed by broader data.
Assemblymember Patrick Ahrens argues that statistics do not support the effectiveness of the punitive approach. He pointed out that since the truancy law allowing for jail time was enacted in 2011, statewide absenteeism rates have actually increased.
Ahrens, who admitted to being a truant student in his youth, attributes recent improvements in attendance to supportive measures, not penalties. These include programs providing free school lunches and the establishment of community schools that offer wraparound services for students and families.
"Let's address the root causes, before it even gets to a bench warrant to put them in jail," Ahrens said. "But putting them in jail, the threat of putting them in jail, or issuing warrants isn't going to help the students at all."
Focus on Root Causes
According to Ahrens, the reasons behind truancy are often complex and tied to socioeconomic factors. He believes the focus should be on providing resources to families struggling with these challenges.
"It is not because parents are unwilling or unable by some lack of parenting," Ahrens stated. "It is almost always economic issues. It's they're working two or three jobs and they're relying on their teenager to get on the bus and go to school themselves. Or it's because they can't afford a bus pass, or reliable transportation."
Assembly Bill 461 is the first bill authored by Ahrens to be signed into law. He has expressed his intention to introduce future legislation aimed at increasing resources for school districts to combat absenteeism through supportive, non-punitive methods.
