2019 Oregon Revised Statutes
Volume : 09 - Education and Culture
Chapter 339 - School Attendance; Admission; Discipline; Safety
Section 339.288 - Prohibitions on use of certain restraints.
(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]
