ORS 339.285: Definitions for ORS 339.285 to 339.303.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
As used in ORS 339.285 to 339.303: (1) “Public education program” means a program in this state 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. (2)(a) “Restraint” means the restriction of a student’s actions or movements by holding the student or using pressure or other means. (b) “Restraint” does not include: (A) Holding a student’s hand or arm to escort the student safely and without the use of force from one area to another; (B) Assisting a student to complete a task if the student does not resist the physical contact; or (C) Providing reasonable intervention with the minimal exertion of force necessary if the intervention does not include a restraint prohibited under ORS 339.288 and the intervention is necessary to: (i) Break up a physical fight; (ii) Interrupt a student’s impulsive behavior that threatens the student’s immediate safety, including running in front of a vehicle or climbing on unsafe structures or objects; or (iii) Effectively protect oneself or another from an assault, injury or sexual contact with the minimum physical contact necessary for protection. (3)(a) “Seclusion” means the involuntary confinement of a student alone in a room from which the student is physically prevented from leaving. (b) “Seclusion” does not include 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. (4) “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. [2011 c.665 §1; 2019 c.267 §1]
Administrative rules citing this section
- OAR 581-021-0550: Definitions: Restraint and Seclusion — implements
- OAR 581-021-0553: Use of Restraint and Seclusion in Public Education Programs — implements
- OAR 581-021-0556: Procedures Regarding Restraint and Seclusion — implements
- OAR 581-021-0563: Approval of Restraint and Seclusion Training Programs for School Staff — implements
- OAR 581-021-0566: Required Use of Approved Restraint and Seclusion Programs — implements
- OAR 581-021-0568: Standards for Seclusion Rooms — implements
- OAR 581-021-0569: Use of Seclusion Cells Prohibited — implements
- OAR 581-021-0570: Complaint Procedures — implements
- OAR 581-022-2267: Annual Report on use of Restraint and Seclusion — implements
This rule cites
- ORS 339.285 — resolved
- 339.303 — resolved
- ORS 339.288 — resolved
Cited by
- ORS 161.205: Use of physical force generally.
- ORS 326.111: Department of Education; composition; functions; subpoenas; rules.
- ORS 339.250: Duty of student to comply with rules; policies on discipline, suspension, expulsion, threats of violence or harm, firearms and physical force; student handbook or code of conduct; enforcement of policies.
- ORS 339.287: Exclusion of employees of youth correction facilities and juvenile detention facilities from ORS 339.285 to 339.303.
- ORS 339.303: Rules for complaints, investigations and seclusion rooms.
- ORS 339.308: Seclusion cell prohibition.
- ORS 343.154: Functional behavioral assessments and behavior intervention plans.
- OAR 413-015-0115: Temporary rule language in effect until 08/31/2026. Definitions
- OAR 419-230-0110: Definitions
- OAR 419-230-0170: Abuse Determination
- OAR 581-015-2181: Functional Behavioral Assessments
- OAR 581-021-0556: Procedures Regarding Restraint and Seclusion
- OAR 581-021-0570: Complaint Procedures
- OAR 581-075-0005: Scope of Discrimination, Restraint and Seclusion, and Retaliation Appeals Processes
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors339.html