ORS 339.303: Rules for complaints, investigations and seclusion rooms.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
The State Board of Education shall adopt by rule: (1) A process for an organization or an individual to submit to the Superintendent of Public Instruction a written, signed complaint alleging that a public education program is violating or has violated a provision of ORS 339.285 to 339.303. The complaint must indicate that, prior to submitting the complaint to the superintendent, the organization or individual attempted to seek a remedy for the complaint from the board or governing body overseeing the entity that has jurisdiction over the public education program against which the complaint is being submitted. (2) A process for investigating a complaint submitted under subsection (1) of this section. (3) The minimum standards for any rooms used by a public education program for seclusion of a student. The standards must: (a) Take into account the health and safety of students and personnel of the public education program and the respect and dignity of students; and (b) Include consideration of the size, safety features, lighting and ventilation of the rooms. [2013 c.650 §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 581-021-0570: Complaint Procedures — authority
- OAR 581-022-2267: Annual Report on use of Restraint and Seclusion — implements
- OAR 581-075-0001: Definitions for Appeals Processes — implements
- OAR 581-075-0001: Definitions for Appeals Processes — authority
- OAR 581-075-0005: Scope of Discrimination, Restraint and Seclusion, and Retaliation Appeals Processes — implements
- OAR 581-075-0005: Scope of Discrimination, Restraint and Seclusion, and Retaliation Appeals Processes — authority
- OAR 581-075-0010: Acceptance of Appeal Alleging Discrimination, Restraint and Seclusion, or Retaliation — implements
- OAR 581-075-0010: Acceptance of Appeal Alleging Discrimination, Restraint and Seclusion, or Retaliation — authority
- OAR 581-075-0015: Notice of Acceptance or Denial of Appeal Alleging Discrimination, Restraint and Seclusion, or Retaliation — implements
- OAR 581-075-0015: Notice of Acceptance or Denial of Appeal Alleging Discrimination, Restraint and Seclusion, or Retaliation — authority
- OAR 581-075-0020: District Response to Appeal Alleging Discrimination, Restraint and Seclusion, or Retaliation — implements
- OAR 581-075-0020: District Response to Appeal Alleging Discrimination, Restraint and Seclusion, or Retaliation — authority
- OAR 581-075-0024: Investigation of and Final Order for Appeal Alleging Discrimination, Restraint and Seclusion, or Retaliation — implements
- OAR 581-075-0024: Investigation of and Final Order for Appeal Alleging Discrimination, Restraint and Seclusion, or Retaliation — authority
- OAR 581-075-0030: Compliance with Corrective Action for Appeal Alleging Discrimination, Restraint and Seclusion, or Retaliation — implements
- OAR 581-075-0030: Compliance with Corrective Action for Appeal Alleging Discrimination, Restraint and Seclusion, or Retaliation — authority
- OAR 581-075-0040: Early Resolution of Appeal Alleging Discrimination, Restraint and Seclusion, or Retaliation by Taking Corrective Action — implements
- OAR 581-075-0040: Early Resolution of Appeal Alleging Discrimination, Restraint and Seclusion, or Retaliation by Taking Corrective Action — authority
- OAR 581-075-0045: Early Resolution of Appeal Alleging Discrimination, Restraint and Seclusion, or Retaliation through Settlement — implements
- OAR 581-075-0045: Early Resolution of Appeal Alleging Discrimination, Restraint and Seclusion, or Retaliation through Settlement — authority
This rule cites
- ORS 339.285 — resolved
- 339.303 — 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 339.285: Definitions for ORS 339.285 to 339.303.
- ORS 339.287: Exclusion of employees of youth correction facilities and juvenile detention facilities from ORS 339.285 to 339.303.
- ORS 339.308: Seclusion cell prohibition.
- OAR 413-015-0115: Temporary rule language in effect until 08/31/2026. Definitions
- OAR 419-230-0170: Abuse Determination
- 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