The California Education Code is the state’s primary body of law governing public and private schools, and it sets the rules for attendance, discipline, special education, student privacy, and teacher licensing. It works alongside the California Code of Regulations, Title 5, which fills in administrative detail on employee policies and complaint procedures.1Legal Information Institute. California Code of Regulations Title 5, 42405 – Employees The Legislature writes the statutes. The California Department of Education and local districts carry them out. Federal laws — most notably IDEA, FERPA, and the Every Student Succeeds Act — sit on top of the state rules and, in several places, expand what families can demand.
Who Must Attend School
Every child between 6 and 18 must attend school full-time unless a specific exemption applies, such as enrollment in a private school, an approved home-study program, or early completion of high school requirements.2Justia. California Code EDC 48200-48208 Parents and guardians are legally responsible for enrollment and actual attendance.
Transitional Kindergarten sits at the front end of that timeline. Under Education Code 48000(c), a child whose fifth birthday falls between September 2 and December 2 is eligible for TK, and districts may admit children who turn five later in the year if that serves the child’s best interest.3California Department of Education. Kindergarten in California Enrollment is voluntary.
When Absences Become Truancy
A student is classified as truant after missing three full school days without a valid excuse, being absent or tardy for more than 30 minutes on three occasions, or any combination of the two within a single school year.4California Legislative Information. California Education Code 48260 Schools must notify parents at that point. Persistent absences can be referred to a School Attendance Review Board, a panel of educators, law enforcement representatives, and community members that tries to resolve the underlying problem before any court gets involved.5California Department of Education. Truancy – Attendance Improvement
Suspension and Expulsion
Education Code 48900 lists the specific acts that can lead to suspension or a recommendation for expulsion, including causing physical injury, possessing controlled substances, robbery or extortion, and harassing or threatening other students.6California Legislative Information. California Education Code 48900 (2025) Due process protections apply, and the response must match the behavior.
Willful Defiance Is No Longer Grounds
California has phased out “willful defiance” as a basis for suspension or expulsion. The catch-all category historically covered talking back, refusing directions, and other low-level disruptions. The ban started in 2013 for grades K–3. In 2019 it expanded through grade 8. SB 274, effective in 2023, extended the prohibition through grade 12 for both suspension and expulsion.7California Department of Education. School Discipline Information and Resources The same restriction applies to charter schools under Education Code 48901.1.8California Legislative Information. California Education Code 48901.1 Plenty of parents and administrators still don’t realize the ban applies at every grade level.
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. Skipping the conference is permitted only when the student poses a genuine emergency. Parents must be notified and given written documentation of the reason and the appeal process.9National 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 a final expulsion order, even when a panel or hearing officer runs the hearing.9National Center on Safe Supportive Learning Environments. California School Discipline Laws and Regulations – Due Process
Some offenses trigger a mandatory recommendation for expulsion under Education Code 48915: possessing a firearm or explosive, brandishing a knife at another person, selling a controlled substance, committing sexual assault or battery, or possessing a controlled substance (with limited first-offense exceptions for small quantities of marijuana). For other serious acts — 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.10California Legislative Information. California Education Code 48915
Special Education Rights
California layers state protections on top of the federal Individuals with Disabilities Education Act. Education Code 56000 declares that all individuals with exceptional needs have a right to a free appropriate public education and to special instruction and services designed to meet their unique needs, and the Legislature intended the state framework to be consistent with IDEA.11California Legislative Information. California Education Code 56000 (2025)
IEP Timelines
Individualized Education Programs are legally binding. When a parent requests an assessment in writing, the district must complete its evaluation and hold an IEP team meeting within 60 calendar days of receiving parental consent, not counting school vacations longer than five days. Parents can participate in IEP meetings, challenge district decisions through due process hearings, and request an independent educational evaluation at the district’s expense if they disagree with the school’s findings.
California’s 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.
504 Plans for Students Who Don’t Qualify for an IEP
Section 504 of the Rehabilitation Act reaches further than IDEA. A student is eligible if they have a physical or mental impairment that substantially limits one or more major life activities, such as learning, walking, breathing, or concentrating. Section 504 is a civil rights law rather than a funding statute, so it does not pay for special education programs but prohibits disability-based discrimination.12U.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 may not qualify for an IEP but can still get a 504 plan with accommodations like extended test time or preferential seating, at no cost to the family.
Due Process Deadlines
If a dispute over services cannot be resolved informally, a parent can file a due process complaint. Under federal rules, the complaint must be filed within two years of the date the parent knew or should have known about the issue. That clock pauses if the district misrepresented that it had fixed the problem or withheld information it was legally required to share.
Student Records and Privacy
The Family Educational Rights and Privacy Act protects education records at every school that receives federal funding, 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.13Office of the Law Revision Counsel. 20 USC 1232g – Family Educational and Privacy Rights
Requesting Records
Schools must give parents access to their child’s education records within 45 calendar days of a written request. Copies are not required unless distance or another barrier makes in-person review impractical. Schools must also notify parents annually of their FERPA rights.14U.S. Department of Education. A Parent Guide to the Family Educational Rights and Privacy Act (FERPA)
Directory Information Opt-Out
Schools may release “directory information” — a student’s name, address, date of birth, participation in activities — to third parties without individual consent, but only after publicly announcing what they treat as directory information and giving parents a specific window to submit a written opt-out.15Protecting Student Privacy. Directory Information Beyond directory information, schools generally cannot release education records without written parental consent, with narrow exceptions for school transfers, audits, emergencies, and court orders.
Homeless and Foster Youth
Federal law overrides normal registration paperwork for students in either situation.
Under the McKinney-Vento Act, schools must immediately enroll a student experiencing homelessness even when the family cannot produce immunization records, proof of residency, a birth certificate, or transcripts. The enrolling school is responsible for tracking down those records after the student is already attending.16National Center for Homeless Education. The Educational Rights of Students in Homeless Situations – What District Administrators Should Know Students also have the right to remain in their school of origin for the duration of their homelessness and through the end of the academic year in which they find permanent housing. Districts must provide transportation to the school of origin when a parent or guardian requests it.
Foster youth have similar 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 must jointly decide whether staying at the current school is in the child’s best interest. If a school change is needed, the new school must fully enroll the student within three business days, without waiting for typical paperwork.17U.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 providing transportation to a foster student’s school of origin, regardless of whether the district runs bus service for other students.
Who Can Teach
The California Commission on Teacher Credentialing controls who is allowed to teach in public schools. To earn a Preliminary Credential, valid for five years, a candidate must hold a bachelor’s degree from a regionally accredited institution, complete an approved teacher preparation program, and demonstrate subject-matter competence.18California Legislative Information. California Education Code 44259 Subject-matter competence is typically shown by passing the California Subject Examinations for Teachers or, for multiple-subject credentials, by completing a Commission-approved subject-matter program. Candidates must also satisfy a basic-skills requirement and pass a criminal background check with fingerprints processed through both the California Department of Justice and the FBI.19Commission on Teacher Credentialing. Preliminary Credentials – Certification Glossary
The Preliminary Credential is essentially probationary. To keep teaching past those five years, a teacher must earn a Clear Credential by completing an induction program, a structured mentoring and professional development experience typically lasting two years. Bilingual and special education credentials require additional coursework and supervised experience on top of the standard pathway.
How to File a Complaint
The Uniform Complaint Procedures, established under California Code of Regulations Title 5, Section 4600, give students, parents, and staff a formal way to report violations involving discrimination, special education, and other legal requirements.20Legal Information Institute. California Code of Regulations Title 5, 4600 – General Definitions File at the district level first. If the district does not resolve the complaint satisfactorily, 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 can investigate directly. OCR handles complaints under Title IX (sex-based discrimination), Section 504 and the ADA (disability), and Title VI (race and national origin).21U.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.22U.S. Department of Education. Questions and Answers on OCR’s Complaint Process