ORS 419B.027
Notice of founded disposition
(a)
The restraint is imposed in response to an imminent risk of serious bodily injury of any person;(b)
The person imposing the restraint does not act with reckless disregard for student safety; and(c)
The restraint does not impose a significant risk of impeding the student’s breathing.(2)
Nothing in this section prohibits the department from finding that the public education program is responsible under section 2 of this 2023 Act [339.296 (Determination that public education program is responsible for abuse)] for abuse arising from the untrained personnel’s inappropriate use of restraint.(3)
As used in this section, “public education program” and “restraint” have the meanings given those terms in ORS 339.285 (Definitions for ORS 339.285 to 339.303). [2023 c.581 §8]
Source:
Section 419B.027 — Notice of founded disposition, https://www.oregonlegislature.gov/bills_laws/ors/ors419B.html (accessed May 26, 2025).