Windsor Unified School District settled a complaint filed by the parent of an 11-year-old boy who was allegedly abused by a special education teacher during a physical education class at Windsor Middle School, according to documents obtained by The Press Democrat.

The school district agreed to pay the boy and his mother $100,000 for his educational expenses during the February 29, 2024 incident, in which the teacher was caught on video restraining the student, who has been diagnosed with autism, putting -and the foot on it. head.

In addition to the $100,000, the district is also paying $20,000 to the law firm representing the boy’s mother, according to records obtained under the California Public Records Act. The lawyer for the boy’s mother, Colleen Snyder of Snyder and Shaw of San Luis Obispodid not respond to emails and phone calls seeking comment.

The boy is no longer enrolled in the Windsor school system and the settlement is intended to cover the cost of his educational needs.

The teacher, who records show vehemently denied putting any pressure on the boy’s head with his foot, resigned on June 7 and faces a misdemeanor charge of “intentional cruelty to a child” in criminal court.

The terms of the agreement were discussed during a closed session of the Oct. 17 school board meeting. Closed sessions are common when governments discuss disputes.

But the $120,000 appears to be one of two settlements that could come out of the Feb. 29 incident that left some parents appearing the teacher, Rachel Neu Cardoza, 36 years old.

The district, records show, received a pre-litigation notice on May 23 that the mother would seek additional damages for pain and suffering, which are separate from the six-figure payout. The June 20 documents show the boy “suffered and continues to suffer physical and emotional injuries.”

A search of court records in federal, state and local jurisdictions shows that formal litigation by the mother has not yet been filed. But WUSD Superintendent Jeremy Decker recently told The Press Democrat that the school district’s insurance carrier, Redwood Empire Schools Insurance Groupdeals with other potential disputes involving the incident. A voicemail left Thursday by The Press Democrat with RESIG was not returned.

In addition to the $120,000 payment, the settlement requires the school district to conduct a two-hour training session for its special education teachers on behavioral emergency protocols.

“Meant to soothe and tickle”

Cardoza was placed on paid administrative leave on March 1 while the school district began investigating the incident. The district hired Lisa Banayat, a retired sergeant with the Santa Rosa Police Department, as an independent investigator.

A witness, a teacher’s assistant who assisted in Cardoza’s classroom, saw Cardoza put her foot on the student’s head “for a second or two” while the students were in gym class, according to the “statement of charges and recommendation” of the district to fire Cardoza. . Cardoza was wearing boots then.

The nurse “decided to take out her cell phone and record in case it happened again. And he did. For the second time, (Cardoza) put his foot on (the boy’s) head and held him there for a few seconds,” the firing minutes state.

School officials declined to release the recording. The assistant who took the recording “thought (the boy) was trying to get the boot off his head with his hands and (Cardoza) was applying enough pressure that” he couldn’t.

Cardoza disputes that, records show. She explained to Superintendent Decker in a July 5 letter that the leg maneuver was “intended (and did) to soothe” the boy, who liked “tickles and hugs to keep him happy and engaged in the moments in who might otherwise become impatient or angry.” such as when you are waiting for an activity to start or for the bus to arrive.”

She told Decker that the boy “put his hands on my shoe and pressed it harder on my head. At this point, I withdrew. I didn’t press his head down or restrain him. If he was unhappy with the contact, that would have been evident in the video and to the people around us.”

She added that “I understand that I should not have used my leg to make that contact. I deeply regret it and will never again use my leg to provide physical stimulation to a student.”

Cardoza’s attorney throughout the school district’s investigation, Julia Harumi Mass of Rothner, Segall & Greenstone, told The Press Democrat that “Ms. Neu Cardoza had a deep commitment and history of success working with students with special needs — both at Windsor Unified and in previous positions — and after Ms. Neu Cardoza explained the situation” at a disciplinary hearing, “the District’s investigator concluded that she did no harm to the student.”