ORS 339.308
Seclusion cell prohibition
(1)
As used in this section:(a)
“Public education program” means a program 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.(b)
“Seclusion cell” means a freestanding, self-contained unit that is used to:(A)
Isolate a 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.(2)
A public education program may not:(a)
Purchase, build or otherwise take possession of a seclusion cell; or(b)
Use a seclusion cell.(3)
Nothing in this section prevents a public education program from using seclusion as allowed under ORS 339.285 (Definitions for ORS 339.285 to 339.303) to 339.303 (Rules for complaints, investigations and seclusion rooms). [2013 c.30 §1; 2013 c.30 §2; 2013 c.133 §1a; 2013 c.267 §1a](a)
The Superintendent of State Police or the superintendent’s designee.(b)
The Director of the Department of Public Safety Standards and Training or the director’s designee.(c)
The Governor’s Public Safety Policy Advisor.(d)
The Governor’s Education Policy Advisor.(e)
The President of the Senate shall appoint one member from among members of the Senate.(f)
The Speaker of the House of Representatives shall appoint one member from among members of the House of Representatives.(g)
The Governor shall appoint 17 members as follows:(A)
A member of the Oregon State Sheriffs’ Association;(B)
A member of the Oregon Association Chiefs of Police;(C)
A member of the Oregon Fire Chiefs Association;(D)
A member of the Oregon Education Association;(E)
A member of the Oregon School Employees Association;(F)
A member of the Oregon School Boards Association;(G)
A member of the Oregon Association of Education Service Districts;(H)
A member of the Coalition of Oregon School Administrators;(I)
A member representing the Department of Education;(J)
A member of the Association of Oregon Community Mental Health Programs;(K)
A member of the Oregon Health Authority;(L)
A member of the Oregon Department of Emergency Management; and(M)
Five members who represent historically, traditionally and currently disadvantaged or underrepresented groups.(2)
Members of the Legislative Assembly appointed to the task force are nonvoting members of the task force and may act in an advisory capacity only.(3)
The task force shall:(a)
Examine existing and emerging issues related to school safety using an all-hazards and equity-driven approach that is responsive to current safety needs;(b)
Examine existing and emerging models of education and training programs for law enforcement officials, other first responders and school employees in the areas of school safety, security and emergency management; and(c)
Examine existing and emerging models for protocols for school safety, security and emergency management and consider to what extent standardizing protocols would be appropriate.(4)
A majority of the voting members of the task force constitutes a quorum for the transaction of business.(5)
Official action by the task force requires the approval of a majority of the voting members of the task force.(6)
The task force shall elect one of its members to serve as chairperson and one of its members to serve as vice chairperson.(7)
If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective.(8)
The task force shall meet at times and places specified by the call of the chairperson or of a majority of the voting members of the task force. To the extent possible the task force shall meet by telephone or video conference but may meet in person.(9)
The task force may adopt rules necessary for the operation of the task force.(10)
The task force shall submit annually by December 1 a report regarding its findings made under subsection (3) of this section in the manner provided by ORS 192.245 (Form of report to legislature), and may include recommendations as appropriate, to an interim committee of the Legislative Assembly related to the judiciary.(11)
A state agency that has a member on the task force shall provide staff support to the task force.(12)
Members of the task force who are not employees of a state agency or members of the Legislative Assembly are not entitled to compensation, but may be reimbursed for actual and necessary travel and other expenses incurred by them in the performance of their official duties in the manner and amounts provided for in ORS 292.495 (Compensation and expenses of members of state boards and commissions). Claims for expenses incurred in performing functions of the task force shall be paid out of funds appropriated to the Department of State Police for purposes of the task force.(13)
All agencies of state government, as defined in ORS 174.111 (“State government” defined), are directed to assist the task force in the performance of its duties and, to the extent permitted by laws relating to confidentiality, to furnish such information and advice as the members of the task force consider necessary to perform their duties. [2014 c.93 §1; 2016 c.74 §6; 2019 c.685 §1; 2021 c.574 §3]
Source:
Section 339.308 — Seclusion cell prohibition, https://www.oregonlegislature.gov/bills_laws/ors/ors339.html.
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