California SAFETY Act May Interfere With Individualized Education Programs

California AB 1955, known as the SAFETY Act, was signed into law last month by Gov. Gavin Newsom will potentially prevent parents of children with disabilities from participating in their Individualized Education Program (IEP). California’s controversial school law restricting parental rights starts Jan. 1, 2025.

The Support Academic Futures and Educators for Today’s Youth (SAFETY) Act eliminates notification policies that previously required school officials to inform parents about their child’s sexual orientation, gender identity or gender expression. Read the press release from the California Department of Education.

“The new state law prohibiting schools from disclosing students’ gender identities without consent may present a challenge in the context of Individuals with Disabilities Education Act (IDEA) standards,” said Rita Mkrtchyan, a special education lawyer in Glendale. “The IDEA emphasizes the importance of parental involvement and encourages active participation in developing and implementing the child’s educational plan.”

Republicans in the state legislature, such as Assemblyman Bill Essayli (R-Corona), opposed AB 1955 because they believe parents should be involved in all aspects of their child’s lives.

California Schools Required NOT to Disclose Student Gender & Sexual Orientation to Parents

On Jan. 1, 2025, school officials will be required to obtain permission of their students before disclosing to their parents any information about their gender identity, pronouns or sexual orientation.

“Parents may feel that they are being excluded from important discussions and decisions regarding their child’s well-being, which could impact the collaborative nature of the IEP team process,” Mkrtchyan told OrangeCountyLawyers.com.

Advocates for the SAFETY Act argue that informing parents of a student’s gender identity or sexual orientation without permission from the student impacts the mental health of LGBTQ+ students and can allegedly lead to a rise in bullying, harassment, and discrimination.

That’s why the California Legislative LGBTQ Caucus and Assemblyman Chris Ward (D-San Diego) introduced AB 1955.

“Teachers should not be the gender police and violate the trust and safety of the students in their classrooms,” Ward said in a statement online. “Parents should be talking to their children, and the decision for a student to come out to their family members should be on their own terms. The SAFETY Act simply ensures that conversations about gender identity and sexuality happen at home without interference from others outside of the family unit.”

The new law requires the California Department of Education (CDE) to provide supportive resources for use in grades 7-12 for the families of LGBTQ students and for students who are unsure of their sexual orientation.

However, Dr. Kiran Dintyala, a medical doctor in San Diego and multi-book author, doesn’t think that blinding parents for any reason is a good idea.

“Teenagers are impulsive in their actions,” Dr. Dintyala told OrangeCountyLawyers.com. “It’s not their fault. Their prefrontal cortex is not yet completely developed. That’s the reason we have all these laws until you’re 18 years old and that’s why parents oversee everything.”

AB 1955 ruins the relationship between teachers and parents, according to Orange County Board of Education trustee Mari Barke. Read our prior article featuring Mari Barke on charter & public schools in Orange County.

In June, she opposed the bill at a press conference organized by Assemblyman Essayli.

“Parents need to be in their children’s lives,” Barke said. “Nobody loves children like their parents do. It’s proven that when parents are in their children’s lives, the children thrive. We need to make sure we are not asking children to lie to their parents and that we’re not asking teachers to lie to parents.”