Oregon Statutes 339.291 – Use of restraint or seclusion
(1) Restraint or seclusion may not be used for discipline, punishment, retaliation or convenience of personnel, contractors or volunteers of a public education program.
Terms Used In Oregon Statutes 339.291
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
(2)(a) Restraint may be used on a student in a public education program only under the following circumstances:
(A) The student’s behavior imposes a reasonable risk of imminent and substantial physical or bodily injury to the student or others; and
(B) Less restrictive interventions would not be effective.
(b) Seclusion may be used on a student in a public education program only under the following circumstances:
(A) The student’s behavior imposes a reasonable risk of imminent and serious bodily injury to the student or others; and
(B) Less restrictive interventions would not be effective.
(3) If restraint or seclusion is used on a student, the restraint or seclusion must be:
(a) Used only for as long as the student’s behavior poses a reasonable risk as described in subsection (2) of this section;
(b) Imposed by personnel of the public education program who are:
(A) Trained to use restraint or seclusion through programs described in ORS § 339.300; or
(B) Otherwise available in the case of an emergency circumstance when personnel described in subparagraph (A) of this paragraph are not immediately available due to the unforeseeable nature of the emergency circumstance; and
(c) Continuously monitored by personnel of the public education program for the duration of the restraint or seclusion.
(4) In addition to the requirements described in subsection (3) of this section, if restraint or seclusion continues for more than 30 minutes:
(a) The student must be provided with adequate access to the bathroom and water every 30 minutes;
(b) Personnel of the public education program must immediately attempt to verbally or electronically notify a parent or guardian of the student; and
(c) Every 15 minutes after the first 30 minutes of the restraint or seclusion, an administrator for the public education program must provide written authorization for the continuation of the restraint or seclusion, including providing documentation for the reason the restraint or seclusion must be continued. [2011 c.665 § 3; 2019 c.267 § 3]