Educational Neglect in California: Laws, Examples, and Legal Consequences

Most people are already familiar with the separate terms educational and neglect. Together, though, they may not mean what someone might think.

Educational neglect in California, in the legal sense, is a concept that is found in family law. It is when a parent or legal guardian fails to provide for the basic educational needs of their child.
For example, when a child reaches a specific age, which is typically mandated by the laws of the state, they must be enrolled in a school, homeschooled, or provided necessary special education training. In the State of California, children must be enrolled in school between the ages of six and 18.

A child’s parents can choose the type of schooling their child will receive, as long as they are learning by the required age. Although the rule is typically thought of to apply to younger children, it also usually includes minors who are still depending on their parents. The age of majority in California is 18.

It is important to be aware that educational neglect may also, in some cases, be considered a form of child neglect or child abuse under the law. The main difference between neglect and abuse is that neglect is something that occurs by accident while abuse typically involves intentional harm caused to the child.

There are currently twenty four states that consider educational neglect a form of child abuse. In California, it may be considered child neglect or child abuse, depending on the circumstances.
Each state, including California, will have its own laws and procedures that apply to age, educational requirements, and the factors that will constitute educational neglect. In addition, whether educational neglect is considered child neglect or abuse may vary depending on the situation.

A California lawyer can provide a more detailed explanation on the specific laws of a jurisdiction as well as whether conduct is likely to be considered neglect or abuse based on the facts of the case.

Examples of Educational Neglect in California

There are some common examples of what will be considered educational neglect in the State of California. At the most basic level, when a parent deliberately interferes with their child’s education, it is considered educational neglect.

In the State of California, specific examples of educational neglect can include, but may not be limited to:

• Chronic Truancy or Absenteeism: This is when a school-aged child is allowed to miss a significant number of school days without having a valid excuse, leading to chronic absenteeism.
• Failing to Enroll or Provide Education: This occurs when a parent does not enroll a child in school or fails to provide them with a comparable homeschool that meets California state standards.
• Interfering with Education: This happens when a child is prevented from attending school or from having access to educational services they need, such as special education.
• Ignoring Special Needs: This arises when a parent fails or refuses to obtain the recommended remedial education or support for a child’s learning disability.
• Unreasonable Supervision Failure: This happens when a parent or guardian fails to reasonably supervise and encourage the child’s school attendance, which makes them a chronic truant.

Is It Illegal to Not Send Your Child to School in California?

Yes, in the State of California, it is illegal for a child’s parent or legal guardian not to enroll their child and ensure they attend school full time from ages six to 18. California compulsory education laws require that they attend school unless they are legally exempt.

A child may be legally exempt if they are attending approved homeschooling or if they attend a private school. If a parent or legal guardian does not comply with compulsory education laws, they can face fines and court orders.

The specific manner in which a child has to be educated, such as public school, private school, or home school is not specified by state law. This means the parent or legal guardian can choose their schooling method. The parent or legal guardian is simply required to provide the child with an education by age six in California that needs the state educational standards.

It is important to note that California law does allow parents or legal guardians to remove children from public schools or opt out of specific instruction that conflicts with core religious beliefs. For more information on this issue, it is important to schedule a California lawyer consultation.

How To Prove Educational Neglect in California

To prove educational neglect in California, it will be necessary to show a pattern of the parent or legal guardian failing to enroll or keep the school-aged child in school without having a valid reason that led to a lack of appropriate education or to chronic absences.

This is often shown with school reports identifying truancy. It will require documentation of the parent’s willful disregard for the child’s education over time and not just one single incident.

Examples of evidence that can be used to prove educational neglect in California may include:

• The child’s attendance records showing repeated or continuous absences without valid explanation or excuse
• The number of absences has noticeable harmed or impaired the child’s education
• Statements from teachers and educators
• Documentation of the child’s unmet needs, such as a lack of home resources
• A showing of the parent’s refusal to get help for the child’s education over a period of time
• Proof that the parent or legal guardian was made aware of the issue but refused or failed to address the educational neglect

Examples of how educational neglect may be shown in a child include:

• Changes in classroom behavior or academic performance
• Signs of learning difficulties that are not being properly treated or addressed
• Inability to keep up with classroom assignments
• Receiving grades that fall significantly below the class average
• Exhibiting poorer performance skills than other students within their age group

Legal Consequences of Educational Neglect in California

Generally, educational neglect issues in California will only apply to children of school age, six to 18. There may also be separate or additional requirements for parents or legal guardians who choose to homeschool their children.

In the State of California, educational neglect may result in a parent of legal guardian being required to:

• Pay fines
• Having to attend mandatory parenting or education programs
• Be on probation
• Complete community services
• Serve jail time
• Be on house arrest
• Face truancy citations with up to $500 fines
• Face misdemeanor charges

If there are repeated offenses, Child Protective Services (CPS) may also become involved in the case. In some situations, these issues may result in a reduction or even loss of child visitation or child custody rights.

Do You Need a Lawyer for Educational Neglect Claims in California?

If you have any questions or concerns related to educational neglect in California or if you are facing educational neglect charges, it is very important to reach out to a California child custody lawyer. Educational neglect issues can have long-lasting consequences for both you and your child.

Your child custody attorney can explain the exact laws and requirements in your area of the state and help ensure you are in compliance. Your lawyer may be able to help resolve your situation without involvement from the courts or CPS and ensure it does not impact your parental rights or criminal record.

Take advantage of the no cost lawyer-client matching services LegalMatch provides in as little as 15 minutes today to find a California child child custody lawyer in your area who is prescreened, licensed, and can help protect your rights.