SACRAMENTO, CA — Governor Gavin Newsom announced signing Assemblymember Patrick Ahrens’ Assembly Bill (AB) 461 to repeal Section 270.1 of the California Penal Code and decriminalize truancy. Until this bill becomes law, Section 270.1 makes a parent or guardian of a student who is chronically truant guilty of a misdemeanor which includes punishment with a fine of up to $2,000 and imprisonment for up to one year.
Assemblymember Ahrens shared, “Thank you to Governor Newsom for signing my bill to repeal this failed policy of criminalizing struggling California families for their children missing school; 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.”
AB 461 was sponsored by End Child Poverty California/GRACE, SEIU California, and the Western Center on Law and Poverty, and has been supported by dozens of justice and parent organizations including the California State PTA.
SEIU California released the following statement from David Green, President of SEIU Local 721 and Executive Board Member of SEIU California, “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 members serving families who count on the state’s social safety know that a little help can be transformative for families and that the first step toward creating a supportive environment for families struggling with school attendance is decriminalizing truancy. We thank Assemblymember Ahrens for authoring AB 461 and ensuring families can access support rather than be subject to jail and fines. We applaud Governor Newsom for signing this bill into law and know that it will pave the way for our workforce to better serve families and to ensure they get the help they need.”
Yesenia Jimenez, Senior Policy Associate at End Child Poverty CA powered by GRACE said, “As a child, I grew up with an incarcerated parent and saw firsthand how the carceral system tore my family apart, deepening our struggle with poverty. AB 461 (Ahrens) is a step toward breaking that cycle. I’m deeply grateful the Governor has signed this bill — in honor of all the children who deserve support, not trauma.”
“The Western Center on Law & Poverty is pleased the Governor signed AB 461 (Ahrens) which removes criminal penalties for truancy. This outdated and ineffective strategy criminalizes families rather than offering support. This bill will assist families who may be facing challenges such as fear of deportation, poverty, and mental health challenges,” stated Rebecca Gonzales, Policy Advocate with the Western Center.
AB 461 becomes law on January 1, 2026, and repeals Section 270.1 of the California Penal Code
SUMMARY:
Assembly Bill (AB) 461 ensures that families facing school attendance challenges receive the support they need, rather than punishment. By eliminating harmful penalties—such as fines of up to $2,000 and jail time of up to one year—it removes barriers that push families deeper into hardship. Instead of criminalization, this bill paves the way for families and children to be offered more help, not less.
Background:
Current law criminalizes parents of children six and older for school attendance issues, imposing fines and jail time instead of offering support. Recent changes to state law have eliminated the use of fear-based tactics, such as notifying parents or guardians of fines or jail time due to unexcused absences. However, without removing the penalties, the law continues to criminalize families rather than empowering them with the resources and support needed to address attendance challenges. A 2013 Attorney General truancy report found most district attorneys rarely prosecuted these cases, as early intervention strategies proved highly effective. Since that 2013 report, there has been no updated statewide data on how many truancy cases result in parental criminal charges. In 2025, new threats—like immigration raids, bullying, and reduced protections for vulnerable students based on race or sexual preference—further complicate attendance, forcing families into impossible choices. Parents and children should not be punished further by California laws crafted decades ago. Now is the time to revisit our policies to offer more help, not less
Solution
AB 461 follows the evidence that families struggling to support their children are better off when their government reaches out a hand rather than close a door. It will do this by:
- Repealing the Penal Code mandating jail time and a fine of up to $2,000 for a family whose child is failing to meet attendance goals; and,
- Retaining Education Code which establish processes for educators and community leaders to meet with and hold parents accountable when their children are not attending school regularly.
Assemblymember Patrick Ahrens represents the Silicon Valley in the California State Assembly for District 26. He serves on the Assembly Committees on Budget, Business and Professions, Communications and Conveyance, Rules, Transportation, and Budget Subcommittee No. 2 on Human Services. Assemblymember Ahrens is the Co-Chair of the California Legislative Technology & Innovation Caucus, and a member of the California Legislative Jewish and Bay Area Caucuses
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