Facts

Floyd I. Marchus is a counseling and education program for special education students operated by the Contra Costa County Office of Education in Concord, California, that services approximately 60 K-12 students from 16 California school districts. Marchus' stated intent is to "provid[e] an integrated program that fosters healthy social emotional development and rigorous and relevant academic achievement for students with significant behavioral and social-emotional challenges" in order "to help students address their challenges and change their behavior so that they may return to a less restrictive educational . . . setting when appropriate." When students were in Marchus' custody, they were often (1) isolated in "support rooms"; and (2) subjected to physical restraints permitted only for emergency circumstances.
Kerri K., Jacob K., Sara S., and Annie T. were current and/or former Marchus students that enrolled between 2014 and 2017. . On May 13, 2019, students Kerri K., Jacob K., Sara S., and Annie T., on behalf of themselves and classes of similarly situated students and their guardians ad litem, Elyse K., Esme T., and Zena C., who also filed as taxpayers, brought an action against the various State education agencies and employees, various Contra Costa County school district employees, and various Floyd I. Marchus School employees, asserting violations of the California Constitution and California Education Code.

PLAINTIFFS' CONTENTIONS: Plaintiffs alleged that Marchus utilized a one size fits all policy that (1) disregarded students' individualized education programs ("IEP") and behavioral intervention plans ("BIP")--which together operate as "the centerpiece[s] of the . . . education delivery system for disabled children"--in favor of a uniform, class wide behavioral management system, i.e., the "Level System"; and (2) then used abusive physical restraints and seclusion to enforce it. No matter what appeared in their IEP or BIP setting forth their individualized education, Marchus required each student nevertheless to adhere to certain expected standardized behavior, monitored through uniform "daily evaluations," to "move up" on the Level System and in turn enjoy basic privileges, such as leaving the classroom to visit siblings or friends during breaks or even to eat in the school's quad. As a result, Marchus prioritized behavioral compliance through repeated restraint and seclusion, which created a traumatic education environment in which these special education students were subjected to abusive, trauma-inducing, and punitive behavioral interventions.. Further, Plaintiffs contended that Marchus failed to report many incidents involving the use of behavioral interventions. .

Plaintiffs also argued that the California Department of Education had long been on notice that the staff at Marchus utilized restraint and seclusion on a routine, non-emergency basis to discipline students with behavioral disabilities but failed to take any meaningful proactive measures to monitor and prevent these unlawful practices in violation of their duty as guarantors of children's fundamental education rights.

DEFENDANTS' CONTENTIONS: Defendants denied all contentions.

Result

Pursuant to a settlement agreement resolving only the claims against the State of California, State Board of Education, California Department of Education, and Tony Thurmond ("State Defendants"), the California Department of Education agreed to conduct two years of follow-up review of Marchus, including at least two announced on-site reviews, and provide technical assistance and training on evidence-based positive behavioral interventions and supports. Moreover, State Defendants agreed to pay $500,000 in attorneys' fees and costs. An agreement in principle to settle all disputes between Plaintiffs and the Contra Costa County Office of Education, Doña Foreman, Julie Duncan, Kyla Santana, Aslam Khan, and Ben Navarro was reached in August 2022, and the final agreements are forthcoming.