On March 9, 2012, in alignment with the Oregon Statute, the State Board of Education adopted new
administrative rules on the use of physical restraint and seclusion in Oregon public schools. This includes the following six new OARs 581-021-0550, 0553, 0556, 0559, 0563, and 0566.
Definitions: (OAR 581-021-0550)
1) ‘Chemical restraint’ means a drug or medication that is used on a student to control behavior or
restrict freedom of movement and that is not:
(a) Prescribed by a licensed physician or other qualified health professional acting under the
professional’s scope of practice for standard treatment of the student’s medical or psychiatric
condition;
(b) Administered as prescribed by a licensed physician or other qualified health professional acting
under the professional's scope of practice.
2) ‘Mechanical restraint’ means a device used to restrict the movement of a student or the
movement or normal function of a portion of the body of a student. ‘Mechanical restraint’ does not
include:
(a) A protective or stabilizing device ordered by a licensed physician; or
(b) A vehicle safety restraint when used as intended during the transport of a student in a moving
vehicle.
(3) ‘Physical restraint’ means the restriction of a student's movement by one or more persons
holding the student or applying physical pressure upon the student.
(a) ‘Physical restraint’ does not include the touching or holding of a student without the use of force
for the purpose of directing the student or assisting the student in completing a task or activity;
(b) ‘Physical restraint does not include prone restraint
(4) ‘Prone restraint’ means a restraint in which a student is held face down on the flloor.
(5) ‘Seclusion’ means the involuntary confinement of a student alone in a room from which the
student is physically prevented from leaving. ‘Seclusion’ does not include:
(a) 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.
(6) ‘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.
Stat. Auth. 326.051
Stats. Implemented: chapter 665, Oregon Laws 2011 (Enrolled House Bill 2939)
Use of Physical Restraint and Seclusion in Public Education Programs (OAR 581- 021-0553)
(1)The use of a chemical restraint, mechanical restraint or prone restraint in a student in a public
education program in this state is prohibited.
(2) The use of physical restraint or seclusion on a student in a public education program in this state
is prohibited unless used as provided below:
Physical restraint or seclusion may be used on a student in a public education program only if:
(A) The student's behavior imposes a reasonable threat of imminent, serious bodily injury to the
student or others; and,less restrictive interventions would not be effective.
(B) Physical restraint or seclusion may not be used for discipline, punishment or convenience of
personnel of the public education program.
(C) If physical restraint or seclusion is used on a student, the physical restraint or seclusion must be used only for as
long as the student's behavior poses a reasonable threat of imminent, serious bodily injury to the student or others.
(D) Restraint and/or Seclusion may only be imposed by personnel of the public education program who are:
Trained to use physical restraint or seclusion through programs approved by the Department of Education under OAR 581-021-0563; or
Otherwise available in the case of an emergency circumstance when trained personnel are not immediately available due to the unforeseeable nature of the emergency circumstance;
Continuously monitored by personnel of the public education program for the duration of the physical restraint or seclusion.
(E) If physical restraint or seclusion continues for more than 30 minutes:
The student must be provided with adequate access to the bathroom and water every 30 minutes;
Personnel must immediately attempt to verbally or electronically notify a parent or guardian of the student situation; and,
Every 15 minutes after the first 30 minutes of the physical restraint or seclusion, an administrator must provide written authorization for the continuation of the physical restraint or seclusion, including providing documentation for the reason the physical restraint or seclusion must be continued.
Procedures Regarding Physical Restraint & Seclusion (OAR 581- 021-0556)
Staff will follow the following procedures following an incident involving the use of physical restraint or seclusion:
Provide the following information to a parent or guardian of the student:
1. Verbal or electronic notification of the incident by the end of the school day when the incident
occurred;
2. Written documentation of the incident within 24 hours of the incident that provides a
description of the physical restraint or seclusion including:
The date of the physical restraint or seclusion;
The times when the physical restraint or seclusion began and ended;
The location of the physical restraint or seclusion;
A description of the student's activity that prompted the use of physical restraint or seclusion;
The efforts used to de-escalate the situation and the alternatives to physical restraint or seclusion that were attempted;
The names of the personnel of the public education program who administered the physical restraint or seclusion;
A description of the training status of the personnel who administered the physical restraint or seclusion, including any information that may need to be provided to the parent or guardian; and,
Timely notification of a debriefing meeting to be held and of the parent's or guardian's right to attend the meeting
If the personnel who administered the physical restraint or seclusion had not received training from a program approved by the Department of Education, as required and in accordance with OAR 581-021-0563, the administrator of the public education program shall ensure that a parent or guardian of the student and the district superintendent receive written notification of:
1. The lack of training; and
2. The reason the physical restraint or seclusion was administered by a person without training.
3. A debriefing meeting related to the use of physical restraint or seclusion must be held within
two school days of the incident and must include all personnel who were involved in the incident
and any other appropriate personnel.
4. Written notes must be taken of the debriefing meeting, and a copy of the written notes must be
provided to a parent or guardian of the student.
5. If a student is involved in five incidents in a school year involving physical restraint or seclusion, a
team consisting of school personnel and a parent or guardian of the student must be formed for the
purposes of reviewing and revising the student's behavior plan and ensuring the provision of any necessary behavioral supports.
6. If serious bodily injury or death of a student occurs in relation to the use of physical restraint or
seclusion, written notification of the incident must be provided by the public education providers
within 24 hours of the incident to the Department of Human Services.
7. If serious bodily injury or death of personnel of the public education program occurs in relation
to the use of physical restraint or seclusion, written notification of the incident must be provided
within 24 hours of the incident to the district superintendent and, if applicable, to the union
representative for the affected party.
8. Each public education program must maintain a record of each incident in which injuries or
death occurs in relation to the use of physical restraint or seclusion.
9. As indicated, per ORS 161.205 and 339.250, an individual who is a teacher, administrator, school
employee or school volunteer may use reasonable physical force upon a student when and to the
extent the application of force is consistent with Section 3, chapter 665, Oregon Laws 2011
(Enrolled House Bill 2939) and OAR 581-021-0553.
Reporting Requirements for the Use of Physical Restraint & Seclusion (OAR 581-021-0559)
An annual report to the Superintendent, School Board and posted on the district website, detailing the use of physical restraint and seclusion for the preceding school year,
including, at a minimum:
(a) The total number of incidents involving physical restraint;
(b) The total number of incidents involving seclusion;
(c) The total number of seclusions in a locked room;
(d) The total number of students placed in physical restraint;
(e) The total number of students placed in seclusion;
(f) The total number of incidents that resulted in injuries or death to students or personnel as a
result of the use of physical restraint or seclusion;
(g) The number of students who were placed in physical restraint or seclusion more than 10 times in
the course of a school year and an explanation of what steps have been taken by the public
education program to decrease the use of physical restraint and seclusion for each student;
(h) The number of incidents in which the personnel of the public education program administering
physical restraint or seclusion were not trained; and
(i) The demographic characteristics of all students upon whom physical restraint or seclusion was
imposed, including race, ethnicity, gender, disability status, migrant status, English proficiency, and
status as economically disadvantaged, unless the demographic information would reveal personally
identifiable information about an individual student.
Physical Restraint and Seclusion Training Programs for School Staff (OAR 581-021-0563)
The Department of Education shall approve training programs in physical restraint and seclusion
that:
(a) Teach evidence-based techniques that are shown to be effective in the prevention and safe use
of physical restraint or seclusion;
(b) Provide evidence-based skills training related to positive behavior support, conflict prevention,
de-escalation and crisis response techniques; and
(c) Are consistent with the philosophies, practices and techniques for physical restraint and
seclusion that are established by rule or policy of the Department of Human Services.
Required Use of Approved Restraint and Seclusion Programs (OAR 581-021-0566)
Only use of training programs on physical restraint and seclusion that are approved by the Department
of Education under OAR 581-0563 are allowed.
Training
The Scappoose School District uses the Oregon Intervention Systems (OIS) approach for students who may require physical restraint. The OIS approach focuses on prevention of extreme behaviors that might allay need for physical restraint. All staff is required to be trained in the OIS approach prior to use of the techniques and procedures of this approach. Additionally, Staff who may have more challenging student behaviors to deal with will be trained in “Individual Focus”, which are procedures designed for individual student needs.
Physical Restraint and Seclusion Procedures
IEP Meeting
When physical restraint and/or seclusion are being considered as a part of a behavior support plan for a student, an IEP meeting must be held prior to implementation. IEP team members should include the student’s parents, a regular education teacher, special education teacher, a district representative knowledgeable about restraint training and practices in the district, and an individual who specializes in behavior (may be the school psychologist).
The IEP Team:
Reviews the current IEP and behavior data.
Conducts a FBA
Develops a BSP that includes physical restraint and/or seclusion. The plan must include a specific number of incidents within a specific time period for reviewing the plan.
The Behavior Support Plan is included under Supplementary Aids/Services; Modifications and Accommodations on the Service Summary page of the IEP. The BSP is attached to the IEP.
Documents meeting on Meeting Minute
A Prior Notice of Special Education Action form, indicating behavior plan and IEP revision is provided to parents.