Oregon Oregon Department of Education

Rule Rule 581-021-0556
Procedures Regarding Restraint and Seclusion


(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.
(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 (Approval of Restraint and Seclusion Training Programs for School Staff), 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 (Receipt of amount from State School Fund for children enrolled in certain programs), 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 and must include all personnel of the public education program who were involved in the incident and any other appropriate personnel. 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.
(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, 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 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 (Receipt of amount from State School Fund for children enrolled in certain programs), the person who oversees the administration of the program and, if applicable, the union representative for the affected party.
(8) Each public education program must maintain a record of each incident in which injuries or death occurs in relation to the use of restraint or seclusion.
(9) Pursuant to ORS 161.205 (Use of physical force generally) and 339.250 (Duty of student to comply with rules), 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 (Definitions for ORS 339.285 to 339.303) to 339.303 (Rules for complaints, investigations and seclusion rooms) and OAR 581-021-0553 (Use of Restraint and Seclusion in Public Education Programs).
(10) District school boards shall adopt written policies to implement restraint and seclusion procedures consistent with and as indicated in ORS 339.285 (Definitions for ORS 339.285 to 339.303) to 339.308 (Seclusion cell prohibition) and OARs 581-021-0550 (Definitions: Restraint and Seclusion) to 581-021-0570 (Complaint Procedures), and shall inform teachers, administrators, school employees and school volunteers of those policies.
Source

Last accessed
Jun. 8, 2021