ORS 339.288: Prohibitions on use of certain restraints.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) The use of the following types of restraint on a student in a public education program is prohibited: (a) Chemical restraint. (b) Mechanical restraint. (c) Prone restraint. (d) Supine restraint. (e) Any restraint that involves the intentional and nonincidental use of a solid object, including a wall or the floor, to impede a student’s movement, unless the restraint is necessary to prevent an imminent life-threatening injury or to gain control of a weapon. (f) Any restraint that places, or creates a risk of placing, pressure on a student’s neck or throat. (g) Any restraint that places, or creates a risk of placing, pressure on a student’s mouth, unless the restraint is necessary for the purpose of extracting a body part from a bite. (h) Any restraint that impedes, or creates a risk of impeding, breathing. (i) Any restraint that involves the intentional placement of the hands, feet, elbow, knee or any object on a student’s neck, throat, genitals or other intimate parts. (j) Any restraint that causes pressure to be placed, or creates a risk of causing pressure to be placed, on the stomach or back by a knee, foot or elbow bone. (k) Any action designed for the primary purpose of inflicting pain. (2) As used in this section: (a) “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; and (B) Administered as prescribed by a licensed physician or other qualified health professional acting under the professional’s scope of practice. (b)(A) “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. (B) “Mechanical restraint” does not include: (i) A protective or stabilizing device ordered by a licensed physician; or (ii) A vehicle safety restraint when used as intended during the transport of a student in a moving vehicle. (c) “Prone restraint” means a restraint in which a student is held face down on the floor. (d) “Supine restraint” means a restraint in which a student is held face up on the floor. [2011 c.665 §2; 2019 c.267 §2]
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
No citations extracted.
Cited by
- ORS 339.285: Definitions for ORS 339.285 to 339.303.
- ORS 339.296: Determination that public education program is responsible for abuse.
- ORS 430.735: Definitions for ORS 430.735 to 430.765.
- OAR 413-015-0115: Temporary rule language in effect until 08/31/2026. Definitions
- OAR 419-230-0170: Abuse Determination
- OAR 419-230-0173: Abuse Determinations Involving Seclusion or Restraint
- OAR 581-021-0550: Definitions: Restraint and Seclusion
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors339.html