Current through Register Vol. 63, No. 9, September 1, 2024
(1) Each entity that has jurisdiction over a
public education program must establish procedures for the public education
program to follow after an incident involving the use of restraint or
seclusion.
(2) Following an
incident involving the use of restraint or seclusion, the following must be
provided to a parent or guardian of the student:
(a) Verbal or electronic notification of the
incident by the end of the school day when the incident occurred.
(b) Written documentation of the incident
within 24 hours of the incident that provides:
(A) A description of the restraint or
seclusion, including:
(i) The date of the
restraint or seclusion;
(ii) The
times when the restraint or seclusion began and ended; and
(iii) The location of the restraint or
seclusion.
(B) A
description of the student's activity that prompted the use of restraint or
seclusion.
(C) The efforts used to
de-escalate the situation and the alternatives to restraint or seclusion that
were attempted.
(D) The names of
the personnel of the public education program who administered the restraint or
seclusion.
(E) A description of the
training status of the personnel of the public education program who
administered the restraint or seclusion, including any information that may
need to be provided to the parent or guardian under subsection (3) of this
rule.
(c) Timely
notification of a debriefing meeting to be held and of the parent's or
guardian's right to attend the meeting.
(d) Immediate, written notification of the
existence of any records related to an incident of restraint or seclusion,
including photos or audio or video recording.
(e) For purposes of this subsection,
"immediate" means to act as soon as possible without undue delay, but in no
case later than within 24 hours of the incident.
(3) If the personnel of the public education
program who administered the restraint or seclusion had not received training
from a program approved by the Department of Education, as required and in
accordance with OAR 581-021-0563, the administrator of the public education
program shall ensure that a parent or guardian of the student and the district
superintendent or, if the public education program is a Youth Corrections
Education Program provider under contract with the department, a Juvenile
Detention Education Program provider under contract with the department, or a
program that receives moneys pursuant to ORS
343.243, the person who oversees
the administration of the program, receive written notification of:
(a) The lack of training; and
(b) The reason the restraint or seclusion was
administered by a person without training.
(4) A debriefing meeting related to the use
of restraint or seclusion must be held within two school days of the incident.
(a) The parent or guardian of the student
must be invited to attend.
(b) The meeting must include all personnel of
the public education program who were involved in the incident, and any other
appropriate personnel.
(c) Written
notes must be taken of the debriefing meeting, and a copy of the written notes
must be provided to a parent or guardian of the student.
(d) The parent or guardian has the right to
request another meeting in the event they were unable to attend the debriefing
meeting that was required to be held within two school days of the restraint or
seclusion incident.
(5)
If a student is involved in five incidents in a school year involving restraint
or seclusion, a team consisting of personnel of the public education program
and a parent or guardian of the student must be formed for the purposes of
reviewing and revising the student's behavior plan and ensuring the provision
of any necessary behavioral supports.
(6) If serious bodily injury or death of a
student occurs in relation to the use of restraint or seclusion:
(a) Oral notification of the incident must be
provided immediately to a parent or guardian of the student and to the
Department of Human Services; and
(b) Written notification of the incident must
be provided to the Department of Human Services within 24 hours of the
incident.
(7) If serious
bodily injury or death of personnel of the public education program occurs in
relation to the use of restraint or seclusion, written notification of the
incident must be provided to the following individuals within 24 hours of the
incident:
(a) The district superintendent, to
the Superintendent of Public Instruction and, if applicable, the union
representative for the affected party; or
(b) If the public education program is a
Youth Corrections Education Program provider under contract with the
department, a Juvenile Detention Education Program provider under contract with
the department, or a program that receives moneys pursuant to ORS
343.243, the person who oversees
the administration of the program and, if applicable, the union representative
for the affected party.
(8) A public education program shall maintain
a record of each incident in which injuries or death occurs in relation to the
use of restraint or seclusion.
(9)
(a) A public education program shall
preserve, and may not destroy, any records related to an incident of restraint
or seclusion, including an audio or video recording. The records must be
preserved in the original format and without any alteration.
(b) The public education program shall review
any audio or video recording preserved under this subsection in its original
format and without any alteration at the debriefing meeting required to be held
within two school days of the incident. The parent or guardian must be invited
to the debriefing meeting at which the audio or video recording will be
reviewed. The audio or video shall be reviewed in its entirety.
(10)
(a) At the request of a student's parent or
guardian, a public education program shall disclose records preserved under
this section to the parent or guardian. To the extent practicable without
altering the meaning of the record, the public education program shall
segregate or redact from a record disclosed under this paragraph any personally
identifiable information of other students. If the public education program is
unable to segregate or redact personally identifiable information of other
students without altering the meaning of the record, the public education
program shall disclose the record to the student's parent or guardian in its
original format and without any alteration.
(b) If the department is investigating the
incident of restraint or seclusion as suspected child abuse, at the request of
the department, the public education program shall disclose to the department
or the department's designee any records preserved under this section that are
relevant to the department's investigation. The public education program shall
disclose any record under this paragraph in its original format and without any
alteration.
(c) For purposes of
this subsection, "disclose" means to inform the student's parent or guardian
that the record exists; that the record in its original format and without
alteration will be available for review by the parent or guardian privately and
in the debriefing meeting; and that a copy of the record will be provided to
the student's parent or guardian upon request in its original and unaltered
form except to the extent that a redaction is needed to protect the personally
identifiable information of another student.
(11) Pursuant to ORS
161.205 and
339.250, an individual who is a
teacher, administrator, school employee or school volunteer may use reasonable
physical force upon a student when and to the extent the application of force
is consistent with ORS
339.285 to
339.303 and OAR
581-021-0553.
(12) District school
boards shall adopt written policies to implement restraint and seclusion
procedures consistent with and as indicated in ORS
339.285 to
339.308 and OARs 581-021-0550 to
581-021-0570, and shall inform teachers, administrators, school employees and
school volunteers of those policies.
Statutory/Other Authority: ORS. 326.051
Statutes/Other Implemented: ORS
339.285 -
339.303
