Current through Register Vol. 63, No. 9, September 1, 2024
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
