Effective July 1, 2012, school districts and ESDs’ school boards must have policies and procedures in place that comply with the updated and enhanced laws and rules regarding restraint and seclusion. The rules were created from the HB 2939, 2011. The law and administrative rules prohibit the use of chemical restraint, mechanical restraint, or prone restraint on students in Oregon public schools or public education program s. The bill does allow for the use of physical restraint or seclusion with all students, both general education and special education students, if their behavior imposes a threat to their safety or the safety of others, and if other less restrictive methods of controlling the behavior of the student are ineffective. Physical restraint is defined as the restriction of students’ movements by one or more persons holding them. Seclusion refers to the involuntary confinement of students in rooms from which they are physically prevented from leaving. The bill further specifies the conditions under which physical restraint and seclusion may be used in public education programs, including establishing time limits and rules for seclusion and restraint such as access to bathroom or water breaks and the continuous monitoring of the situation by staff and administrators.
An annual report detailing the use of physical restraint and seclusion for the previous school year is required to be presented to the school board and made available to the public. The annual report is a public record that is to be kept permanently. See reports below:
- Physical Restraint & Seclusion Report (2014-2015)