1. The Use Of Physical Restraint & Seclusion in Schools
Presented to: The State Board of Education
Presented by: Michael Mahoney,
Education Specialist/Safe Schools Coordinator ;

2. HB 2939 – Resulting in Physical Restraint & Seclusion ORS Provision, leading to the following OAR proposals
OAR
OAR
OAR
OAR
OAR
OAR

3. History
76th OREGON LEGISLATIVE ASSEMBLY, passed House Bill See link: 0.dir/hb2939.en.pdf
Resulting in Provision in the Oregon Regulatory Statutes , effective January 1, 2012
Proposal to Repeal OAR
Proposal to Enact OARs through 0566
Schools need to comply starting July 1, 2012

4. How it applies to Schools/ Public Education Programs
Prohibits the use of chemical restraint, mechanical restraint, or prone restraint. 
Allows for the use of physical restraint or seclusion with students for the following:
The behavior imposes a threat to their safety or the safety of others (imminent risk of serious bodily injury), and
Other less restrictive methods of controlling the behavior are ineffective.

5. Definitions
Physical restraint: the restriction of a student’s movements by one or more persons holding them.
Seclusion: the involuntary confinement of students in rooms from which they are physically prevented from leaving.

6. Conditions under which Public Education Programs may use Physical Restraint & Seclusion
Time limits and rules for seclusion and restraint such as access to bathroom or water breaks must be established.
There must be continuous monitoring of the situation by staff and administrators.
The parents or guardians of students who are restrained or secluded must be notified by the end of the school day, and written details of the incident provided within 24 hours.

7. After an incident of Physical Restraint & Seclusion
School personnel must meet for a debriefing meeting within two school days to discuss and document the incident; and
The notes from the meeting must be shared with the parent or guardian.
School districts and Education Service Districts must prepare an annual report detailing the use of physical restraint and seclusion for the previous school year and make this report available to the public (starting with the school year).

8. Training Requirements
Training of school personnel in de-escalation techniques and physical restraint is required.
Physical Restraint and Seclusion training programs must be approved and compiled by the Oregon Department of Education; and
Must meet the standards of the Department of Human Services.
Criteria for the training include the following:
Evidence-Based techniques and skills
Prevention-oriented and Safe
Providing De-escalation and Crisis Response procedures
Consistent with the philosophy and practices of Positive Behavior Support

9. OAR 581-021-0550 Definitions Chemical Restraint Mechanical Restraint
Physical Restraint
Prone Restraint
Public Education Program
Seclusion
Serious Bodily Injury

10. OAR
Use of Physical Restraint & Seclusion in Public Education Programs
Chemical, Mechanical and Prone Restraint prohibited
Physical Restraint & Seclusion used with conditions
Physical Restraint & Seclusion may not be used for discipline or punishment
Must be implemented by those who are trained
Requires ongoing monitoring
Requires water and bathroom breaks if occurs for more than 30 minutes; and
Administrator must provide written authorization for it to continue;
Parent or guardian must be notified

11. OAR 581-021-0556 Programs’ Procedures Regarding the Use of …
Policies and Procedures must be in place by school district/public education program
Verbal or electronic notification to parent by end of day; and
Written notification within 24 hours
Debriefing meeting within two days
Provisions if serious bodily injury or death occurs

12. OAR 581-021-0559 Reporting Requirements for the Use of …
The entity in charge of public education program must complete an annual report; and
Make the report available to its constituents - the public, public education program, ESD and its component school districts, charter school, parents or guardians.

13. OAR
Approval of Physical Restraint and Seclusion Training Programs…
The ODE shall compile and provide a list of approved training programs, as well as monitor and update the list as needed, in physical restraint & seclusion that include the following:
Evidence-based, preventive and safe
Provide skills in de-escalation, conflict prevention, crisis response and consistent with positive behavior support
Consistent with the training and policies provided by the Department of Human Services (Oregon Health Authority)

14. OAR
Required Use of Approved Restraint and Seclusion Programs
A public education program may only use a training program approved by the Oregon Department of Education.

15. Q & As