Oregon Department of Education
Chapter 581
Division 21
SCHOOL GOVERNANCE AND STUDENT CONDUCT
581-021-0550
Definitions: Restraint and Seclusion
As used in OAR 581-021-0550 to 581-021-0570:
(1) “Chemical restraint” means a drug or medication that is used on a student to control behavior or restrict freedom of movement and that is not:
(a) Prescribed by a licensed physician or other qualified health professional acting under the professional's scope of practice for standard treatment of the student's medical or psychiatric condition; and
(b) Administered as prescribed by a licensed physician or other qualified health professional acting under the professional's scope of practice.
(2)(a) “Mechanical restraint” means a device used to restrict the movement of a student or the movement or normal function of a portion of the body of a student.
(b) “Mechanical restraint” does not include:
(A) A protective or stabilizing device ordered by a licensed physician; or
(B) A vehicle safety restraint when used as intended during the transport of a student in a moving vehicle.
(3) “Prone restraint” means a restraint in which a student is held face down on the floor.
(4) “Public education program” means a program in this state that:
(a) Is for students in early childhood education, elementary school or secondary school;
(b) Is under the jurisdiction of a school district, an education service district or another educational institution or program; and
(c) Receives, or serves students who receive, support in any form from any program supported, directly or indirectly, with funds appropriated to the Department of Education.
(5)(a) “Restraint” means the restriction of a student’s actions or movements by holding the student or using pressure or other means.
(b) “Restraint” does not include:
(A) Holding a student’s hand or arm to escort the student safely and without the use of force from one area to another;
(B) Assisting a student to complete a task if the student does not resist the physical contact; or
(C) Providing reasonable intervention with the minimal exertion of force necessary if the intervention does not include a restraint prohibited under ORS 339.288 and the intervention is necessary to:
(i) Break up a physical fight;
(ii) Interrupt a student’s impulsive behavior that threatens the student’s immediate safety, including running in front of a vehicle or climbing on unsafe structures or objects; or
(iii) Effectively protect oneself or another from an assault, injury or sexual contact with the minimum physical contact necessary for protection.
(6)(a) “Seclusion” means the involuntary confinement of a student alone in a room from which the student is physically prevented from leaving. Seclusion includes, but is not limited to, the involuntary confinement of a student alone in a room with a closed door, whether the door is locked or unlocked.
(b) “Seclusion” does not include:
(A) The removal of a student for a short period of time to provide the student with an opportunity to regain self-control if the student is in a setting from which the student is not physically prevented from leaving; or
(B) A student being left alone in a room with a closed door for a brief period of time if the student is left alone for a purpose that is unrelated to the student’s behavior.
(7) “Seclusion cell” means a freestanding, self-contained unit that is used to:
(a) Isolate the student from other students; or
(b) Physically prevent a student from leaving the unit or cause the student to believe that the student is physically prevented from leaving the unit.
(8) “Serious bodily injury” means any significant impairment of the physical condition of a person, as determined by qualified medical personnel, whether self-inflicted or inflicted by someone else.
(9) “Substantial physical or bodily injury” means any impairment of the physical condition of a person that requires some form of medical treatment.
(10) “Supine restraint” means a restraint in which a student is held face up on the floor.
Statutory/Other Authority: ORS. 326.051
Statutes/Other Implemented: ORS 339.285 - 339.303
History:
ODE 145-2019, amend filed 10/24/2019, effective 10/24/2019
ODE 15-2014, f. & cert. ef. 3-4-14
ODE 13-2014, f. & cert. ef. 2-19-14
ODE 12-2012, f. 3-30-12, cert. ef. 5-1-12