Bill Text: OR HB2939 | 2011 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to safety in public education programs.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Passed) 2011-08-02 - Chapter 665, (2011 Laws): Effective date January 1, 2012. [HB2939 Detail]
Download: Oregon-2011-HB2939-Introduced.html
Bill Title: Relating to safety in public education programs.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Passed) 2011-08-02 - Chapter 665, (2011 Laws): Effective date January 1, 2012. [HB2939 Detail]
Download: Oregon-2011-HB2939-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2268
House Bill 2939
Sponsored by Representative GELSER, Senator EDWARDS;
Representatives BARNHART, DEMBROW, FREDERICK, KOMP, MATTHEWS,
TOMEI (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Prohibits use of mechanical restraint, chemical restraint or
prone restraint on student in public education program. Allows
use of physical restraint or seclusion on student in public
education program under specific circumstances. Describes
procedures to be followed if physical restraint or seclusion is
used.
Requires preparation of annual report related to use of
physical restraint or seclusion.
Directs Department of Human Services to approve training
programs in physical restraint and seclusion.
A BILL FOR AN ACT
Relating to safety in public education programs; creating new
provisions; and amending ORS 161.205 and 339.250.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 6 of this 2011 Act:
(1)(a) 'Physical restraint' means the restriction of a
student's movement by one or more persons holding the student or
applying physical pressure upon the student.
(b)(A) 'Physical restraint' does not include the touching or
holding of a student without the use of force for the purpose of
directing the student or assisting the student in completing a
task or activity.
(B) 'Physical restraint' does not include prone restraint as
defined in section 2 of this 2011 Act.
(2) 'Public education program' means a program 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.
(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. + }
SECTION 2. { + (1) The use of a mechanical restraint, chemical
restraint or prone restraint on a student in a public education
program in this state is prohibited.
(2) The use of physical restraint or seclusion on a student in
a public education program in this state is prohibited unless
used as provided in section 3 of this 2011 Act.
(3) 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. + }
SECTION 3. { + (1)(a) Physical restraint or seclusion may be
used on a student in a public education program only if:
(A) The student's behavior imposes a reasonable threat of
imminent, serious bodily injury to the student or others; and
(B) Less restrictive interventions would not be effective.
(b) Physical restraint or seclusion may not be used for
discipline, punishment or convenience of personnel of the public
education program.
(2) If physical restraint or seclusion is used on a student,
the physical restraint or seclusion must be:
(a) Used only for as long as the student's behavior poses a
reasonable threat of imminent, serious bodily injury to the
student or others;
(b) Imposed by personnel of the public education program who
are:
(A) Certified by a program that is approved as provided by
section 6 of this 2011 Act; or
(B) Otherwise available in the case of an emergency
circumstance when personnel described in subparagraph (A) of this
paragraph are not immediately available due to the unforeseeable
nature of the emergency circumstance; and
(c) Continuously monitored by personnel of the public education
program for the duration of the physical restraint or seclusion.
(3) In addition to the requirements described in subsection (2)
of this section, if physical restraint or seclusion continues for
more than 30 minutes:
(a) The student must be provided with adequate access to the
bathroom and water every 30 minutes;
(b) Personnel of the public education program must immediately
attempt to verbally or electronically notify a parent or guardian
of the student; and
(c) Every 15 minutes after the first 30 minutes of the physical
restraint or seclusion, an administrator for the public education
program must provide written authorization for the continuation
of the physical restraint or seclusion, including providing
documentation for the reason the physical restraint or seclusion
must be continued. + }
SECTION 4. { + (1) Each entity that has jurisdiction over a
public education program must establish procedures for the public
education program to follow after an incident involving the use
of physical restraint or seclusion.
(2) Following an incident involving the use of physical
restraint or seclusion, the following must be provided to a
parent or guardian of the student:
(a) Verbal or electronic notification of the incident by the
end of the school day when the incident occurred.
(b) Written documentation of the incident within 24 hours of
the incident that provides:
(A) A description of the physical restraint or seclusion,
including:
(i) The date of the physical restraint or seclusion;
(ii) The times when the physical restraint or seclusion began
and ended; and
(iii) The location of the physical restraint or seclusion.
(B) A description of the student's activity that prompted the
use of physical restraint or seclusion.
(C) The efforts used to de-escalate the situation and the
alternatives to physical restraint or seclusion that were
attempted.
(D) The names of the personnel of the public education program
who administered the physical restraint or seclusion.
(E) A description of the training status of the personnel of
the public education program who administered the physical
restraint or seclusion, including any information that may need
to be provided to the parent or guardian under subsection (3) of
this section.
(c) Timely notification of a debriefing meeting to be held as
provided by subsection (4) of this section and the parent's or
guardian's right to attend the meeting.
(3) If the personnel of the public education program who
administered the physical restraint or seclusion had not received
training as provided by section 6 of this 2011 Act, the
administrator of the public education program shall ensure that a
parent or guardian of the student and the district superintendent
receive written notification of:
(a) The lack of training; and
(b) The reason the physical restraint or seclusion was
administered by a person without training.
(4)(a) A debriefing meeting related to the use of physical
restraint or seclusion must be held within two school days of the
incident and must include all personnel of the public education
program who were involved in the incident and any other
appropriate personnel.
(b) Written notes must be taken of the debriefing meeting, and
a copy of the written notes must be provided to a parent or
guardian of the student.
(5) If a student is involved in five incidents in a school year
involving physical restraint or seclusion, a team consisting of
personnel of the public education program and a parent or
guardian of the student must be formed for the purposes of
reviewing and revising the student's behavior plan and ensuring
the provision of any necessary behavioral supports.
(6) If serious bodily injury or death of a student occurs in
relation to the use of physical restraint or seclusion, written
notification of the incident must be provided within 24 hours of
the incident to the Department of Human Services.
(7) If serious bodily injury or death of personnel of the
public education program occurs in relation to the use of
physical restraint or seclusion, written notification of the
incident must be provided within 24 hours of the incident to the
district superintendent and, if applicable, to the union
representative for the affected party.
(8) Each public education program must maintain a record of
each incident in which injuries or death occurs in relation to
the use of physical restraint or seclusion.
(9) The State Board of Education shall adopt by rule a process:
(a) For an organization or individuals to submit a written,
signed complaint with the Superintendent of Public Instruction
alleging that a public education program is violating or has
violated this section.
(b) For substantiating a complaint submitted under paragraph
(a) of this subsection. + }
SECTION 5. { + (1) Each entity that has jurisdiction over a
public education program must prepare and submit to the
Superintendent of Public Instruction an annual report detailing
the use of physical restraint and seclusion for the preceding
school year, including, at a minimum:
(a) The total number of incidents involving physical restraint.
(b) The total number of incidents involving seclusion.
(c) The total number of seclusions in a locked room.
(d) The total number of students placed in physical restraint.
(e) The total number of students placed in seclusion.
(f) The total number of incidents that resulted in injuries or
death to students or personnel as a result of the use of physical
restraint or seclusion.
(g) The number of students who were placed in physical
restraint or seclusion more than 10 times in the course of a
school year and an explanation of what steps have been taken by
the public education program to decrease the use of physical
restraint and seclusion for each student.
(h) The number of incidents in which the personnel of the
public education program administering physical restraint or
seclusion were not trained as provided by section 6 of this 2011
Act.
(i) The demographic characteristics of all students upon whom
physical restraint or seclusion was imposed, including race,
ethnicity, gender, disability status, migrant status, English
proficiency and status as economically disadvantaged, unless the
demographic information would reveal personally identifiable
information about an individual student.
(2) Each entity that has jurisdiction over a public education
program shall make its annual report about physical restraint and
seclusion available to the public at the entity's main office and
the website of the entity. Parents and guardians of students in a
public education program shall be advised about how to access the
report at least once each school year.
(3) The Superintendent of Public Instruction shall prepare and
make available the annual reports of physical restraint and
seclusion on the Department of Education's website. The
superintendent also shall annually disclose the number of signed
written complaints submitted to the superintendent each year
under section 4 (9) of this 2011 Act. The disclosure shall
include the name of the public education program that is the
subject of the complaint and whether the complaint was
substantiated. + }
SECTION 6. { + The Department of Human Services shall approve
training programs in physical restraint and seclusion that:
(1) Teach evidence-based techniques that are shown to be
effective in the prevention and safe use of physical restraint or
seclusion;
(2) Provide evidence-based skills training related to positive
behavior support, conflict prevention, de-escalation and crisis
response techniques; and
(3) Meet any other standards established by the Department of
Human Services in consultation with the Department of
Education. + }
SECTION 7. ORS 339.250 is amended to read:
339.250. (1) Public school students shall comply with rules for
the government of such schools, pursue the prescribed course of
study, use the prescribed textbooks and submit to the teachers'
authority.
(2) Pursuant to the written policies of a district school
board, an individual who is a teacher, administrator, school
employee or school volunteer may use reasonable physical force
upon a student when and to the extent the { - individual
reasonably believes it necessary to maintain order in the school
or classroom or at a school activity or event, whether or not it
is held on school property - } { + application of force is
consistent with section 3 of this 2011 Act + }. The district
school board shall adopt written policies to implement this
subsection and shall inform such individuals of the existence and
content of these policies.
(3) The district school board may authorize the discipline,
suspension or expulsion of any refractory student and may suspend
or expel any student who assaults or menaces a school employee or
another student. The age of a student and the past pattern of
behavior of a student shall be considered prior to a suspension
or expulsion of a student. As used in this subsection 'menace '
means by word or conduct the student intentionally attempts to
place a school employee or another student in fear of imminent
serious physical injury.
(4)(a) Willful disobedience, willful damage or injury to school
property, use of threats, intimidation, harassment or coercion
against any fellow student or school employee, open defiance of a
teacher's authority or use or display of profane or obscene
language is sufficient cause for discipline, suspension or
expulsion from school.
(b) District school boards shall develop policies on managing
students who threaten violence or harm in public schools. The
policies adopted by a school district shall include staff
reporting methods and shall require an administrator to consider:
(A) Immediately removing from the classroom setting any student
who has threatened to injure another person or to severely damage
school property.
(B) Placing the student in a setting where the behavior will
receive immediate attention, including, but not limited to, the
office of the school principal, vice principal, assistant
principal or counselor or a school psychologist licensed by the
Teacher Standards and Practices Commission or the office of any
licensed mental health professional.
(C) Requiring the student to be evaluated by a licensed mental
health professional before allowing the student to return to the
classroom setting.
(c) The administrator shall notify the parent or legal guardian
of the student's behavior and the school's response.
(d) District school boards may enter into contracts with
licensed mental health professionals to perform the evaluations
required under paragraph (b) of this subsection.
(e) District school boards shall allocate any funds necessary
for school districts to implement the policies adopted under
paragraph (b) of this subsection.
(5) Expulsion of a student shall not extend beyond one calendar
year and suspension shall not extend beyond 10 school days.
(6)(a) Notwithstanding subsection (5) of this section, a school
district shall have a policy that requires the expulsion from
school for a period of not less than one year of any student who
is determined to have:
(A) Brought a weapon to a school, to school property under the
jurisdiction of the district or to an activity under the
jurisdiction of the school district;
(B) Possessed, concealed or used a weapon in a school or on
school property or at an activity under the jurisdiction of the
district; or
(C) Brought to or possessed, concealed or used a weapon at an
interscholastic activity administered by a voluntary organization
approved by the State Board of Education under ORS 339.430.
(b) The policy shall allow an exception for courses, programs
and activities approved by the school district that are conducted
on school property, including but not limited to hunter safety
courses, Reserve Officer Training Corps programs, weapons-related
sports or weapons-related vocational courses. In addition, the
State Board of Education may adopt by rule additional exceptions
to be included in school district policies.
(c) The policy shall allow a superintendent to modify the
expulsion requirement for a student on a case-by-case basis.
(d) The policy shall require a referral to the appropriate law
enforcement agency of any student who is expelled under this
subsection.
(e) For purposes of this subsection, 'weapon' includes a:
(A) 'Firearm' as defined in 18 U.S.C. 921;
(B) 'Dangerous weapon' as defined in ORS 161.015; or
(C) 'Deadly weapon' as defined in ORS 161.015.
(7) The Department of Education shall collect data on any
expulsions required pursuant to subsection (6) of this section
including:
(a) The name of each school;
(b) The number of students expelled from each school; and
(c) The types of weapons involved.
(8) Notwithstanding ORS 336.010, a school district may require
a student to attend school during nonschool hours as an
alternative to suspension.
(9) Unless a student is under expulsion for an offense that
constitutes a violation of a school district policy adopted
pursuant to subsection (6) of this section, a school district
board shall consider and propose to the student prior to
expulsion or leaving school, and document to the parent, legal
guardian or person in parental relationship, alternative programs
of instruction or instruction combined with counseling for the
student that are appropriate and accessible to the student in the
following circumstances:
(a) When a student is expelled pursuant to subsection (4) of
this section;
(b) Following a second or subsequent occurrence within any
three-year period of a severe disciplinary problem with a
student;
(c) When it has been determined that a student's attendance
pattern is so erratic that the student is not benefiting from the
educational program; or
(d) When a parent or legal guardian applies for a student's
exemption from compulsory attendance on a semiannual basis as
provided in ORS 339.030 (2).
(10) A school district board may consider and propose to a
student who is under expulsion or to a student prior to expulsion
for an offense that constitutes a violation of a school district
policy adopted pursuant to subsection (6) of this section, and
document to the parent, legal guardian or person in parental
relationship, alternative programs of instruction or instruction
combined with counseling for the student that are appropriate and
accessible to the student.
(11) Information on alternative programs provided under
subsections (9) and (10) of this section shall be in writing. The
information need not be given to the student and the parent,
guardian or person in parental relationship more often than once
every six months unless the information has changed because of
the availability of new programs.
(12)(a) The authority to discipline a student does not
authorize the infliction of corporal punishment. Every
resolution, bylaw, rule, ordinance or other act of a district
school board, a public charter school or the Department of
Education that permits or authorizes the infliction of corporal
punishment upon a student is void and unenforceable.
(b) As used in this subsection, 'corporal punishment' means the
willful infliction of, or willfully causing the infliction of,
physical pain on a student.
(c) As used in this subsection, 'corporal punishment' does not
mean:
(A) The use of physical force authorized by ORS 161.205 for the
reasons specified therein; or
(B) Physical pain or discomfort resulting from or caused by
participation in athletic competition or other such recreational
activity, voluntarily engaged in by a student.
SECTION 8. ORS 161.205 is amended to read:
161.205. The use of physical force upon another person that
would otherwise constitute an offense is justifiable and not
criminal under any of the following circumstances:
(1) { + (a) + } A parent, guardian or other person entrusted
with the care and supervision of a minor or an incompetent person
may use reasonable physical force upon such minor or incompetent
person when and to the extent the person reasonably believes it
necessary to maintain discipline or to promote the welfare of the
minor or incompetent person.
{ + (b) + } { - A teacher - } { + Personnel of a public
education program, as that term is defined in section 1 of this
2011 Act, + } may use reasonable physical force upon a student
when and to the extent the { - teacher reasonably believes it
necessary to maintain order in the school or classroom or at a
school activity or event, whether or not it is held on school
property - } { + application of force is consistent with
section 3 of this 2011 Act + }.
(2) An authorized official of a jail, prison or correctional
facility may use physical force when and to the extent that the
official reasonably believes it necessary to maintain order and
discipline or as is authorized by law.
(3) A person responsible for the maintenance of order in a
common carrier of passengers, or a person acting under the
direction of the person, may use physical force when and to the
extent that the person reasonably believes it necessary to
maintain order, but the person may use deadly physical force only
when the person reasonably believes it necessary to prevent death
or serious physical injury.
(4) A person acting under a reasonable belief that another
person is about to commit suicide or to inflict serious physical
self-injury may use physical force upon that person to the extent
that the person reasonably believes it necessary to thwart the
result.
(5) A person may use physical force upon another person in
self-defense or in defending a third person, in defending
property, in making an arrest or in preventing an escape, as
hereafter prescribed in chapter 743, Oregon Laws 1971.
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