Oregon Administrative Rules
Chapter 581 - OREGON DEPARTMENT OF EDUCATION
Division 21 - SCHOOL GOVERNANCE AND STUDENT CONDUCT
Section 581-021-0553 - Use of Restraint and Seclusion in Public Education Programs
Universal Citation: OR Admin Rules 581-021-0553
Current through Register Vol. 63, No. 9, September 1, 2024
(1)
(a) The use of the following types of
restraint on a student in a public education program is prohibited:
(A) Chemical restraint;
(B) Mechanical restraint;
(C) Prone restraint;
(D) Supine restraint;
(E)
(i) Any
restraint that involves the intentional and nonincidental use of a solid
object, including a wall or the floor, to impede a student's movement, unless
the restraint is necessary to prevent an imminent life-threatening injury or to
gain control of a weapon;
(ii)
Notwithstanding paragraph (a)(E)(i) of this subsection, the use of a solid
object, including a piece of furniture, a wall, or the floor, by public
education program personnel performing a restraint is not prohibited if the
object is used for the personnel's own stability or support while performing
the restraint and not as a mechanism to apply pressure directly to the
student's body;
(F)
(i) Any restraint that places, or creates a
risk of placing, pressure on a student's mouth, neck or throat, or that
impedes, or creates a risk of impeding, a student's breathing;
(ii) Notwithstanding paragraph (a)(F)(i) of
this subsection, a restraint that places, or creates a risk of placing,
pressure on a student's mouth may be used if the restraint is necessary for the
purpose of extracting a body part from a bite;
(G) Any restraint that involves the
intentional placement of the hands, feet, elbow, knee or any object on a
student's neck, throat, genitals or other intimate parts; and
(H) Any restraint that causes pressure to be
placed, or creates a risk of causing pressure to be placed, on a student's
stomach or back by a knee, foot or elbow bone.
(b) The use of any action designed for the
primary purpose of inflicting pain upon a student in a public education program
is prohibited.
(2) Restraint or seclusion may not be used for discipline, punishment, retaliation or convenience of personnel, contractors or volunteers of a public education program.
(3)
(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.
(4) 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 (3) of this
rule;
(b) Imposed by personnel of
the public education program who are:
(A)
Trained to use restraint or seclusion through programs approved by the
Department of Education under OAR 581-021-0563; or
(B) Otherwise available in the case of an
emergency circumstance when trained personnel 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.
(5) 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.
Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 339.285 - 339.303
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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