OCR Press release
October 11, 2023

Media Response:

In early 2019, the U.S. Department of Education’s Office for Civil Rights (OCR) initiated a compliance review of more than 20 school districts throughout the United States, including Folsom Cordova Unified School District (FCUSD), regarding restraint and seclusion practices following the tragic death in 2018 of a Davis Joint Unified School District student, Max Benson who passed away while under the care of staff at a local non-public school, Guiding Hands. 

At that time, Guiding Hands School had 140 students, including seven from FCUSD. This prompted FCUSD to immediately contact the families of these students to offer a transfer to another non-public school. This also prompted FCUSD to take a deep examination and implement improvements to our policies and processes for student restraint and seclusion.

As a result of the circumstances surrounding the death of Max Benson, the state of California established new laws that provide additional regulations related to non-public schools regarding restraint and seclusion practices, staff training, and parent notification. Additionally, the change in law requires increased monitoring of non-public schools by the state, local SELPA, and school districts.

FCUSD is entering into a resolution agreement with OCR which will require us to hold Individual Education Plan (IEP) meetings for any student restrained during the 2017-2018 or 2018-2019 school year at non-public or District schools.

All students affected during the 2017-2018 or 2018-2019 have been individually contacted by District Leadership to discuss the OCR findings. 

We remain committed to the safety of our students and staff, continue to improve and revise policies and processes for safe learning environments for all students, and are complying with the OCR requests.