Schools in Oregon can use restraint and seclusion in certain circumstances. This is the case even though a student subjected to seclusion or restraint may face mental, physical, or emotional injury. These practices do nothing to address misbehavior but can negatively impact a student’s ability to learn.

If your student attends a K-12 school in Oregon and has been secluded or restrained, contact the Education Law Team at the LLF National Law Firm. You and your family have options, up to and including suing the school. Call us at 888-535-3686 or fill out an online form.

Restraint and Seclusion in Oregon

Oregon’s laws on restraint and seclusion cover public K-12 schools. In addition, any school that either receives funds or serves students who receive direct or indirect financial support from the Oregon Department of Education must also comply with these laws.

Every school district or school must have policies on how and when the school will use seclusion or restraint. This includes how and when schools must notify parents of a restraint or seclusion incident.

Schools cannot use restraint or seclusion to discipline, punish, or retaliate against a student. It also cannot be used for the convenience of school staff or volunteers, or when the primary purpose is to inflict pain on a student.

What Is Restraint?

Restraint refers to restricting a student’s movements. Oregon defines three types of restraint: chemical, mechanical, and physical.

In Oregon, the following aren’t considered types of restraint:

  • Holding a student’s hand or arm, without any force, to safely escort them
  • Helping a student complete a task when the student doesn’t object to the physical contact
  • Reasonable and necessary interventions with minimal exertion of force to:
  • Break up a physical fight
  • Interrupt a student’s impulsive behavior that threatens the student’s immediate safety
  • For example, running in front of a vehicle or climbing on unsafe structures or objects
  • Protect any member of the school community, including self-defense, from an assault, injury, or sexual contact
    • In this situation, a person must use the minimum of physical contact and only what is necessary

Chemical Restraint

Chemical restraint refers to using drugs or medication to control a student’s behavior or restrict their freedom of movement. Chemical restraint isn’t drugs or medication prescribed by licensed professionals and used for their intended purpose.

Oregon bans chemical restraint.

Mechanical Restraint

Mechanical restraint involves a device that restricts a student’s movement. Seatbelts or prescribed medical or orthopedic devices or supports aren’t mechanical restraint when used for their intended purpose.

Oregon bans mechanical restraint.

Physical Restraint

Physical restraint involves a person, usually a staff member, using part of their body to limit a student’s ability to move.

Prone, or facedown, restraint is a type of physical restraint. Supine, or face-up, restraint is another type of physical restraint. Oregon bans both prone and supine restraint as well as any restraint that places, or creates a risk of placing, pressure on a student’s mouth, neck, or throat, or that restricts, or creates a risk of restricting, a student’s ability to breathe.

School staff also cannot use any type of restraint involving the intentional and nonincidental use of a solid object, such as a wall or the floor, to limit a student’s movement. Oregon allows two exceptions to this general prohibition:

  • If the restraint is necessary to prevent an imminent life-threatening injury or to gain control of a weapon
  • If school staff uses the object for their own stability and support and not to apply pressure directly to the student’s body

Even properly administered restraint can cause a student mental, physical, and emotional harm. Schools may omit details in reports. If your student has been restrained in school, contact the Education Law Team at the LLF National Law Firm.

What Is Seclusion?

Seclusion is the involuntary confinement of a student alone in a room or space during which the student is physically prevented from leaving. Involuntarily confining a student alone in a room with a closed door, even if the door is unlocked, is a type of seclusion.

Seclusion is not:

  • Removing a student for a short period of time to give the student a chance to regain self-control, and when the student isn’t physically prevented from leaving the area
  • Briefly leaving a student alone in a room with a closed door when the student is left alone for reasons unrelated to their behavior

When Oregon Schools Can Use Seclusion and Physical Restraint

Oregon limits when and how schools can use seclusion and restraint. The practices may be used on students only under the following circumstances:

  • A student’s behavior imposes a reasonable risk of imminent and substantial physical or bodily injury to any member of the school community
  • Less restrictive interventions would be or have been ineffective

When secluding or restraining a student, school personnel must make sure that the seclusion or restraint:

  • Occurs only as long as the student’s behavior poses a reasonable risk
  • Is imposed by school staff members who have met Oregon’s training requirements
    • The exception is that other school staff may use seclusion and restraint in situations when in emergency circumstances that are of an unforeseeable nature
  • Involves continuously monitoring by staff for the duration of the restraint or seclusion
  • If seclusion or restraint occurs for longer than 30 minutes:
    • Students must be provided with adequate access to water and restrooms every 30 minutes
    • Staff must attempt to call or electronically contact the student’s parent or guardian
    • After the first 30 minutes, a school administrator must provide written authorization to approve the continuation of the practice every 15 minutes
    • Each authorization should also include documentation to show why the restraint or seclusion must continue

If a student is restrained or secluded more than five times in one school year, school staff must meet with parents or guardians to discuss either revising or creating a behavior plan for the student. These plans should provide any necessary behavioral supports.

Protect Your Student

All students have a right to feel safe at school. Restraint and seclusion can not only undermine a student’s feeling of safety, open them up to physical, mental, and emotional harm, it can also damage their education and ability to learn.

If your child attends a K-12 school in Oregon and has been secluded or restrained, contact the Education Law Team at the LLF National Law Firm. We’re here to assist you and support your family. Call us at 888-535-3686 or fill out an online form.

Restraint and Seclusion

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