Restraint and Seclusion Report
Use of Restraint and Seclusion in Oregon
Use of Restraint and Seclusion in Oregon
Restraint and/or seclusion are safety responses utilized as a last resort when risk is high and when less restrictive interventions would not be effective. Restraint and/or seclusion are not behavioral or therapeutic interventions. Restraint and/or seclusion may not be used for discipline, punishment, retaliation or convenience of personnel, contractors or volunteers of the public education program. The use of any action designed for the primary purpose of inflicting pain upon a student in a public education program is prohibited.
School districts, education service districts (ESDs) and school boards shall adopt written policies to implement restraint and seclusion procedures consistent with and as indicated in ORS 339.285 to 339.308 and OARs 581‐021‐0550 through 581‐021‐0570 and 581‐022‐2267, and shall inform teachers, administrators, school employees and school volunteers of those policies.
Restraint may be used on a student in a public education program only if the student’s behavior imposes a reasonable risk of imminent and substantial physical or bodily injury to the student or others and less restrictive interventions would not be effective. “Substantial physical or bodily injury” means any impairment of the physical condition of a person that requires some form of medical treatment.
Seclusion may be used on a student in a public education program only if the student’s behavior imposes a reasonable risk of imminent and serious bodily injury to the student or others and less restrictive interventions would not be effective. “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. Note that, while both restraint and seclusion are to be used as a last resort, the threshold for use of seclusion (i.e., imminent and serious bodily injury) is higher than that for restraint (i.e., imminent and substantial physical or bodily injury).