Home School USA
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DAYTIME CURFEW INFORMATION

In many states, any student (public, private or homeschooled) unaccompanied by an adult out in public during school hours could receive a daytime curfew ticket from the local police. The wording of the municipal code is listed below. While this code may not seem fair to homeschoolers, we need to respect the law in order to minimize any complications to our already busy lives. Sunland discourages parents allowing their minors to routinely be out in public without a specific purpose. 

Mr. Neven attended the Los Angeles Public Hearing on Daytime Curfew on Monday, April 18, 2011 and spoke (along with many others) to the committee handling the modifying of this law. Los Angeles Police Department and Los Angeles City Department of Public Safety are working together to correct problems which occur in relationship to this directive. Most of the problems seem to be centered around Los Angeles Unified School District police enforcement of the curfew laws in a manner which seems questionable. Others, including homeschoolers, have been unfortunate victims to the misapplication of this law.

Mr. Neven shared how Sunland has created a form for its homeschool families to use to avoid having their student receive a curfew ticket. To date, this form has helped exonerate any Sunland family who has used this form, from having their student receive a curfew ticket. The ticket can cost $250 and/or 200 community service hours. This issue is more problematic in the City of Los Angeles, not necessarily nation or state-wide.

Click here for the form a Sunland parent can use per activity to attempt to avoid a ticket. it is also published in the Sunland High School Manual. The more specific details you can give on the form the better. Each form is valid only for the specific time/date/location.

Good Example: Location:  Ralphs at Foothill and Lowell in Tujunga
Purpose: To buy milk
Time: 12-12:30 pm

Poor Example: Location: Foothill Blvd
Purpose: To meet with friends
Time: afternoon

While this form was created to reduce the risk of obtaining a daytime curfew ticket from the local police, this form does not provide legal immunity. Please feel free to copy the following form to fill out and send with your student.

Any home school groups is welcome to duplicate this form with their information.

Following is the wording of 45.04 (a) LAMC Daytime Curfew

It is unlawful for any minor under the age of 18, who is subject to compulsory education or to compulsory continuation education, alone or in concert with others, to be present in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places, public buildings, places or amusement and eating places, vacant lots or any place open to the public during the hours of the day when the school, which the minor would normally attend, is in session, on days when that school is in session.

(b)Exceptions. The provisions of this section shall not apply when:

(1) The minor is accompanied by his or her parent, guardian, other adult person authorized by the parent or guardian having the care or custody of the minor; or,

(2) The minor is on an emergency errand directed by his or her parent, guardian or other adult person having the care or custody of the minor; or,

(3) The minor is going directly to or coming directly from their place of gainful employment; or,

(4) The minor is going directly to or coming directly from a medical appointment; or,

(5) The minor has permission to leave campus for lunch and has in his or her possession a valid, school-issued off-campus permit; or,

(6) The presence of the minor in one or more of the places identified in Subsection (a) is connected with or required with respect to a business, trade, profession or occupation in which the minor is lawfully engaged; or,

(7) The minor is involved in an emergency such as a fire, natural disaster, automobile accident, a situation requiring immediate action to prevent serious bodily injury or loss of life, or any unforeseen combination of circumstances or the resulting state, which calls for immediate action; or,

(8) The minor is in a motor vehicle involved in interstate travel; or,

(9) The minor is authorized to be absent from his or her school pursuant to the provisions of California Education Code Section 48205 (“excused absences” - added note), or any other applicable state or federal law.