Governor Now Has Chance to Sign Bill to Protect Future Max Bensons

Sacramento, CA – It was a tragic but preventable death when Max Benson, a 13-year-old from Davis, who had autism and was attending an El Dorado Hills school when he died after being held in a prone restraint for over an hour.

SB 483 was designed by Senator Dave Cortese to prevent such practices that led to young Max’s death.

“This bill will ensure that no student in California will have to deal with the indignity and trauma of prone restraint,” Senator Cortese’s office said in a release on Thursday as the bill advances to Governor Newsom’s desk.

SB 483 would prohibit “prone restraint,” a technique that physically or mechanically restraints a student in a facedown position, in all California schools. The U.S. Department of Education has recommended banning this type of restraint. Senator Cortese was inspired by a conversation held with a constituent and well-known disability rights advocate, David Forderer, and his lived experience with prone restraint.

SB 483 is about protecting our children and youth while under the care of school staff. It bans the archaic and deadly practice of prone restraint from being used in California schools,” said Senator Cortese. “It will encourage schools to identify, adopt, and implement evidence-based rehabilitative intervention and prevention strategies to de-escalate situations with students who have behavioral health issues. The welfare of students must be protected.”

“Prone restraints are used in schools at a disproportionate rate against students with disabilities and students of color.  This old-fashioned and dangerous practice has harmed and even killed students.  SB 483 (Cortese) is necessary and we are grateful that the Legislature has moved the bill forward through the process.  We are grateful for Senator Cortese, his staff, and advocates, including parents and students who have helped move this bill forward,” said Eric Harris, Associate Executive Director of External Affairs at Disability Rights California

“As an educator and psychologist working directly with individuals with disabilities, SB 483, a bill that would ban prone restraints, is imperative. It is not just a legal imperative, it’s a moral commitment to fostering a compassionate educational environment where all California students are safe to learn and given the opportunity to thrive,” said Melaura Erickson-Tomaino, Ph.D. from Port View Preparatory

Author

  • David Greenwald

    Greenwald is the founder, editor, and executive director of the Davis Vanguard. He founded the Vanguard in 2006. David Greenwald moved to Davis in 1996 to attend Graduate School at UC Davis in Political Science. He lives in South Davis with his wife Cecilia Escamilla Greenwald and three children.

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