The California Education Code is the state’s primary body of education law, setting the rules that govern public schools, charter schools, and parts of private education from kindergarten enrollment through teacher licensing. It covers compulsory attendance, student discipline, special education, privacy of student records, credential requirements for teachers, and protections for homeless and foster youth. The California State Legislature writes and amends the code, while the California Department of Education and local school districts carry it out. Title 5 of the California Code of Regulations fills in the administrative detail on complaint procedures, employee policies, and more.1Legal Information Institute. California Code of Regulations Title 5, 42405 – Employees
Federal law sits on top of state law in several areas. The Family Educational Rights and Privacy Act controls student records, the Individuals with Disabilities Education Act drives special education, and the Every Student Succeeds Act requires annual assessments in reading, math, and science along with public report cards.2U.S. Department of Education. What Is the Every Student Succeeds Act (ESSA)? Where state and federal law both apply, schools have to meet whichever gives the student more protection.
Who Must Attend School, and What Counts as Truancy
Every child between 6 and 18 must attend school full-time unless an exemption applies, such as enrollment in a private school, an approved home-study program, or early completion of high school.3Justia. California Code EDC 48200-48208 Parents or guardians are legally responsible for enrollment and attendance.
A child whose fifth birthday falls between September 2 and December 2 is eligible for Transitional Kindergarten under Education Code 48000(c). Districts may admit children who turn five later in the year when administrators find it serves the child’s best interest.4California Department of Education. Kindergarten in California TK is voluntary and functions as the first year of a two-year kindergarten experience.
Education Code 48260 classifies a student as truant after three full unexcused absences, three instances of being absent or tardy by more than 30 minutes, or any combination of the two in one school year.5California Legislative Information. California Education Code 48260 Schools must notify parents when a student hits the threshold. Persistent absences can be referred to a School Attendance Review Board — a panel of educators, law enforcement, and community members that works on the underlying causes before any court referral.6California Department of Education. Truancy – Attendance Improvement
Attendance also drives money. Education Code 46010 sets how districts calculate total attendance days, and those figures feed into the Local Control Funding Formula’s Average Daily Attendance calculations.7California Legislative Information. California Education Code 460108California Legislative Information. California Education Code 42238.03 Empty seats cost districts dollars, which is why most invest heavily in attendance outreach.
Suspension and Expulsion Rules
Education Code 48900 lists the specific acts that can lead to suspension or a recommendation for expulsion, including causing physical injury, possessing controlled substances, committing robbery or extortion, and harassing or threatening other students.9California Legislative Information. California Education Code 48900 (2025) Any discipline must follow due process, and the response must match the behavior.
Willful Defiance No Longer Qualifies
California has phased out suspensions and expulsions for “willful defiance,” the catch-all category covering talking back, refusing directions, and other low-level disruptions. The ban started with grades K–3 in 2013, expanded through grade 8 in 2019, and under SB 274 now extends to all of K–12 for both suspension and expulsion.10California Department of Education. School Discipline Information and Resources The same restriction applies to charter schools under Education Code 48901.1.11California Legislative Information. California Education Code 48901.1 If your child was sent home for defiance alone, that discipline is not authorized.
How Suspension Works
A principal can suspend a student for up to five consecutive school days, but only after an informal conference where the student is told what they allegedly did, shown the evidence, and given a chance to respond. The conference can be skipped only in a genuine emergency. Parents must receive written notice explaining the reason for the suspension and how to appeal.12National Center on Safe Supportive Learning Environments. California School Discipline Laws and Regulations – Due Process
How Expulsion Works
Expulsion removes a student from the school entirely and requires a formal hearing before the school board or an impartial administrative panel of at least three credentialed employees. The student has the right to legal representation, to present evidence, to question witnesses, and to a written decision based on substantial evidence. Only the school board itself can issue the final expulsion order.12National Center on Safe Supportive Learning Environments. California School Discipline Laws and Regulations – Due Process
Education Code 48915 requires a principal to recommend expulsion when a student possesses a firearm or explosive, brandishes a knife at another person, sells a controlled substance, commits sexual assault or battery, or possesses a controlled substance (with limited first-offense exceptions for small amounts of marijuana). For other serious acts, including causing serious physical injury, possessing a dangerous object, robbery, or assaulting a school employee, the principal must recommend expulsion unless the circumstances or an alternative intervention make that inappropriate.13California Legislative Information. California Education Code 48915
Student Records and Privacy
FERPA protects the privacy of education records at every school receiving federal funds, which covers virtually every public school in California. Parents hold these rights until the student turns 18 or enrolls in a postsecondary institution, at which point the rights transfer to the student.14Office of the Law Revision Counsel. 20 USC 1232g – Family Educational and Privacy Rights
Schools must give parents access to their child’s records within 45 calendar days of a written request. Copies aren’t required unless distance or another barrier makes in-person review impractical, and schools must notify parents annually of their FERPA rights.15U.S. Department of Education. A Parent Guide to the Family Educational Rights and Privacy Act (FERPA)
Schools may release “directory information” such as a student’s name, address, date of birth, and participation in activities without individual consent, but only after public notice of what counts as directory information and a specific window for parents to submit a written opt-out.16Protecting Student Privacy. Directory Information Beyond directory information, schools generally cannot release records without written parental consent, with narrow exceptions for transfers, audits, emergencies, and court orders.
Special Education Rights
California special education rests on two layers: the federal Individuals with Disabilities Education Act and state law beginning at Education Code 56000, which declares that all individuals with exceptional needs have a right to a free appropriate public education and to specially designed instruction and services.17California Legislative Information. California Education Code 56000 (2025) The Legislature intended the state framework to track IDEA, not to set a different bar.
Assessment and IEP Timeline
Individualized Education Programs are legally binding documents that spell out services, accommodations, and instructional modifications. When a parent requests an assessment in writing, the district must complete the evaluation and hold an IEP team meeting within 60 calendar days of receiving parental consent, not counting school vacations of more than five days. Parents can participate in IEP meetings, challenge decisions through due process, and request an independent educational evaluation at the district’s expense if they disagree with the school’s findings.
The Least Restrictive Environment requirement means students with disabilities must be educated alongside their non-disabled peers to the greatest extent appropriate. A separate classroom or program is a last resort.
Section 504 Plans
A student who doesn’t fit IDEA’s specific disability categories may still qualify under Section 504 of the Rehabilitation Act, which covers any physical or mental impairment that substantially limits a major life activity such as learning, walking, breathing, or concentrating. Section 504 is a civil rights law rather than a funding statute, so it prohibits disability-based discrimination and requires accommodations at no cost to the family.18U.S. Department of Education. Frequently Asked Questions – Section 504 Free Appropriate Public Education (FAPE) A student with ADHD or a chronic health condition who doesn’t need specialized instruction might not qualify for an IEP but could still receive a 504 plan with accommodations like extended test time or preferential seating.
Due Process Deadline
A due process complaint must be filed within two years of the date the parent knew or should have known about the issue. That clock stops running if the district misrepresented that it had resolved the problem or withheld information it was legally required to share.
Teacher Credentials
The California Commission on Teacher Credentialing controls who can teach in public schools. A Preliminary Credential, valid for five years, requires a bachelor’s degree from a regionally accredited institution, completion of an approved teacher preparation program, and demonstrated subject-matter competence.19California Legislative Information. California Education Code 44259 Candidates must also meet a basic-skills requirement and pass a criminal background check through both the California Department of Justice and the FBI.20Commission on Teacher Credentialing. Preliminary Credentials – Certification Glossary
To keep teaching past the five-year preliminary period, a teacher must earn a Clear Credential by completing an induction program, a structured mentoring and professional-development experience that typically runs two years. Renewals require continuing education.
Protections for Homeless and Foster Youth
Under the McKinney-Vento Act, a school must immediately enroll a student experiencing homelessness even without the usual paperwork, including immunization records, proof of residency, a birth certificate, or transcripts. The enrolling school is responsible for tracking those records down afterward.21National Center for Homeless Education. The Educational Rights of Students in Homeless Situations – What District Administrators Should Know The student can remain at the school of origin for the duration of homelessness and through the end of the academic year in which the family finds permanent housing, with transportation provided on request.
Foster youth have parallel federal protections under Title I of the Elementary and Secondary Education Act. When a child enters foster care or changes placements, the school district and child welfare agency jointly decide whether staying at the current school is in the child’s best interest. If a change is needed, the new school must fully enroll the student within three business days, without waiting for typical paperwork.22U.S. Department of Education. Non-Regulatory Guidance – Ensuring Educational Stability and Success for Students in Foster Care Districts receiving Title I funds must have written procedures for school-of-origin transportation and must start it promptly, whether or not they run buses for other students.
How to Enforce These Rights
The Uniform Complaint Procedures, under California Code of Regulations Title 5, Section 4600, give students, parents, and staff a formal path to report violations involving discrimination, special education, and other legal requirements.23Legal Information Institute. California Code of Regulations Title 5, 4600 – General Definitions Complaints are filed at the district level first. If the district doesn’t resolve the issue, you can escalate it to the California Department of Education.
For discrimination based on race, sex, disability, or age, the U.S. Department of Education’s Office for Civil Rights investigates directly. OCR handles complaints under Title IX, Section 504 and the ADA, and Title VI.24U.S. Department of Education. File a Complaint An OCR complaint must be filed within 180 calendar days of the discriminatory act, though OCR can grant waivers in limited circumstances.25U.S. Department of Education. Questions and Answers on OCR’s Complaint Process
Consequences for schools scale with the violation. Minor problems typically prompt a corrective action plan with deadlines. Serious or systemic issues such as fraudulent use of public funds, patterns of discrimination, or repeated violations of student rights can trigger funding reductions, loss of eligibility for federal aid, or intervention by the state attorney general or a local district attorney. A district that ignores a corrective action plan risks both its accreditation and its budget.