ORS 339.285
Definitions for ORS 339.285 to 339.303


As used in ORS 339.285 (Definitions for ORS 339.285 to 339.303) to 339.303 (Rules for complaints, investigations and seclusion rooms):

(1)

“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.

(2)

(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 (Prohibitions on use of certain restraints) 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.

(3)

(a) “Seclusion” means the involuntary confinement of a student alone in a room from which the student is physically prevented from leaving.

(b)

“Seclusion” does not include 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.

(4)

“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. [2011 c.665 §1; 2019 c.267 §1]

Source
Last accessed
May. 15, 2020