Let's Talk about It: The SAFETY Act (California)

From basic parental notifications to businesses and individuals leaving the state, it seems this law has made headlines this past month for a variety of reasons. And I'm sure there will be even more discussions as we see how this law is enacted and what unfolds because of it.

Today I want to thank several educators and parents who have reached out to me privately and asked my thoughts on the SAFETY ACT.

Although I used to live in Northern California and am not fully informed on this specific issue - I'll do what I can to at least pass along some initial concerns that have been brought up as a result of this new law. Much of this isn't my opinion, but rather items of note I've found while trying to research the topic. It was rather eye-opening and could be disconcerting.

To ensure I stay on topic, my focus for this week isn't about anyone's specific beliefs other than as a special needs parent - one of many who have been pushing for more transparency from schools as to what is going on with our children so we can be in support of our kid's needs. So, with Musk moving his business headquarters out of California to Texas - or any other company or individual leaving due to this law or the state of California in general... I'll leave that to Musk or a family's personal preference - and leave it at that.

To recap where we are at with The SAFETY ACT as I'm able to gather at this time:

(For full disclosure, I did utilize AI to help me research and identify articles and other issues of note to be included in this newsletter edition. Sentences highlighted lead to an article on this topic.)

The new law in California addressing the issue of parental notification regarding a child’s gender identity is known as the Support Academic Futures and Educators for Today’s Youth (SAFETY) Act. It was signed by Governor Gavin Newsom and is set to go into effect on January 1st, 2025.

The SAFETY Act prohibits school districts from enacting policies that require staff to disclose to parent's information related to a student’s sexual orientation or gender identity without the child’s permission. This legislation has been a subject of debate and has led to legal challenges, reflecting the ongoing discussions about the balance between parental rights and student privacy.

The new law has sparked significant discussion and legal action due to its implications for parental rights and student privacy. The law prohibits school districts from enacting policies that require staff to notify parents if their child requests to change their gender identification. This legislation is aimed at protecting the privacy of LGBTQ+ students, particularly those who may not be in supportive household environments.

From what I can determine, it's a state law aimed at protecting an LGBTQ+ student from being forcibly 'outed' by schools.

For children in special education, including autistic individuals, the impact of this law is more nuanced. While the law itself does not specifically address special education or autistic students, the broader implications for privacy and parental notification could affect these students as well. The law emphasizes the importance of respecting students’ privacy and their right to control the disclosure of sensitive personal information.

As a parent of a special needs child, we often advocate for greater transparency and involvement in our children's education to ensure that they receive appropriate support and accommodations. The new law could potentially impact the level of communication between schools and parents regarding changes in a child’s emotional health or well-being, which may include aspects related to gender identity.

It’s important to note that the law has been met with opposition, and some school districts are challenging it in court, arguing that it infringes on parental rights to be informed about significant events that impact their children at school. The outcome of these legal challenges could further shape the law’s impact on all students, including those in special education.

For now, the law is set to protect student privacy, but the ongoing debates and legal actions suggest that discussions about the balance between parental rights and student privacy, especially in the context of special education, will continue.

Parents and educators of autistic individuals in California may need to navigate these changes carefully to ensure that the needs of the students are met while also respecting their privacy and autonomy. I'm also realizing, based on people sharing various articles relating to this topic, that this law is being watched nationwide - as many are concerned as to how it will play out and potentially impact other states.

Historically speaking: my personal observation as a parent of a non-verbal special needs child - this law could be considered a slippery slope in terms of Government overreach as it relates to parent/guardian rights. At least, that's my initial observation from what I've been able to gather. I know the intent is to protect an individual's rights, and I can appreciate that need. However, parents are ultimately responsible for their children's needs, at least until they are 18 years of age...and not the Government... or so that's my understanding of how things have been.

This may be more of a sign that "times are changin'..." now if that's for better or for worse is another story. I'm sure there will be about this topic over the next year or so.

I'd like to hear your insight, both as a parent and as a professional on this topic.

Thank you to those who reached out to me via direct message, leaving a comment, etc... topics that may impact special needs families should be discussed - and I'm grateful y'all think I can shine the light on them as such.

So, what shall we talk about next?

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Shout Outs!

Sometimes an individual and organization need a bit of a shoutout, as they are making great strides in helping the autism community in some way. Here is this week's highlight:

1. Rob Gorski - my friend and fellow Autism Dad. You can find him at The Autism Dad, LLC, and hear him on his podcast The Autism Dad, available on most streaming services.
2. Autism Radio - with their flagship show HOPE Saves the Day, hosted by Paul Cimins is on iHeart Radio nationwide, and their podcast is on many streaming platforms. They help many autism families with a variety of services available nationwide!
3. MyABA.Today - a recommended directory for families to find ABA Therapists. Also, a means for families to rate and review practices. Are you an ABA Therapist? Join and Create your listing for FREE.
4. The Council of Autism Service Providers - represents the autism provider community to the nation at large including government, payers, and the general public. CASP serves as a force for change, providing information, delivering education, and promoting standards that enhance quality.
5. MySLP.Today - a recommended directory for families to find a speech therapist. Also, a means for families to rate and review therapists. Are you a Speech Pathologist? Join and Create your listing for FREE.
6. MSP Design Group - a promotional marketing company that helps you sell more of your product or service, engage with prospects, influencers, and your community, and motivate your employees.

Thank you again for subscribing and being a part of this journey.