Sen. Cortese's Response to his SB 483 - Max Benson's Law - being signed into law

SAN JOSE, CA – Senator Dave Cortese issued the following statement regarding his Senate Bill 483 (SB 483) – otherwise known as Max Benson’s Law – being signed into law by Governor Newsom.

“Through SB 483, we will now able to protect our children and youth from becoming victims of deadly practices such as prone restraint within our schools. More than 21 states across our nation have already banned this archaic practice and it was about time California did the same. Simply put, prone restraints have no place in our classrooms,” said Senator Cortese, member on the Senate Education Committee. “SB 483 will now 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. I thank Governor Newsom for joining me in placing the safety and welfare of our children and youth first.”

“Today, California joins the majority of states in the Union in declaring that our children are too vulnerable and too precious to be subjected to dangerous and at times deadly restraints. Although it is too late to save my son and spare our family the grief of having lost him, this law will protect countless children in the future and ensure that Max’s death was not in vain,” said Ms. Stacia Langley, mother of 13-year-old autistic student, Max Benson, who died due to being held in prone restraint. “We thank Senator Cortese for his leadership on this bill, and thank the Legislature for the overwhelming support it has received in both chambers.”

“Disability Rights California is excited that SB 483, a bill that would ban the use of prone restraints in California schools, has been signed into law by Governor Newsom.  Disabled students, especially disabled students of color, are disproportionately subjected to physical restraints in California schools. Prone, or facedown, restraint is an unacceptable and inherently dangerous technique that has no place in our schools,” said Eric Harris, Associate Executive Director of External Affairs at Disability Rights California. “We are honored to lift up this bill for Max Benson, who tragically was killed because of this practice.  We hope that this bill can prevent other families from having a loved one harmed or killed in this way moving forward.  We thank Governor Newsom for making SB 483 state law, so students can be safer at school.”

“On behalf of the Port View Preparatory community, we are grateful for the passage of SB 483, a significant piece of legislation that will ban the use of prone restraints in California schools. This milestone marks a pivotal moment in education as prone restraint results in an over reliance on restraint rather than intervention, forced compliance rather than understanding, and outdated responses rather than expertise. Through the passing of this bill, Max Benson lives on, forever protecting California students. His life was unjustly taken, and the removal of prone restraint will create a safer learning environment for students and educators. Thank you Governor Newsom for bringing this important legislation forward. While Max’s family will forever feel his void, may they find peace in knowing their son’s impact on all California students,” said Drs. Melaura Erickson Tomaino and Dr. Edward Miguel, Co-Founders and Principals of Port View Preparatory.

SB 483 will 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. This bill will ensure that no student in California will have to deal with the indignity and trauma of prone restraint. SB 483 has been named after Max Benson, a 13-year-old student with autism who died at an El Dorado Hills school after being held in a prone restraint for over an hour.

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