CALIFORNIA – Governor Gavin Newsom announced October 1 the signing of Assembly Bill 461 to repeal Section 270.1 of the California Penal Code and decriminalize truancy.

Until now, Section 270.1 made parents of chronically truant students guilty of a misdemeanor, punishable by up to one year in jail and a $2,000 fine.

Assemblymember and bill author Patrick Ahrens says families and kids need support, not criminal charges and fines, to improve school attendance.

“Fining or imprisoning parents did nothing to get kids the education and support they need,” Ahrens said.

State Senator Kamala Harris championed bill

The law was enacted in 2010 through Senate Bill 1317, authored by then–State Senator Kamala Harris. Harris championed the measure as part of her effort to curb chronic truancy, arguing that keeping kids in school would reduce crime and improve long-term outcomes.

In 2013, Kings County prosecutors used the law to arrest and jail Lorraine Cuevas, a mother of two elementary school students who had missed more than 100 days of class. Cuevas pleaded guilty and served 180 days in jail. 

The case drew national attention and fueled criticism that the law disproportionately punished low-income families instead of addressing root causes of truancy.

Becomes law in January

Bill sponsor SEIU California said the bill will pave the way for its workforce to better serve families and to ensure they get the help they need.

“No parent wants their child to miss out on critical learning opportunities in school; repeated unexcused absences are a sign families may be in need of support to secure a doctor’s note or to address bullying at school,” SEIU representatives said in a statement.

AB 461 becomes law on January 1, 2026.