2019 Oregon Revised Statutes
Volume : 09 - Education and Culture
Chapter 339 - School Attendance; Admission; Discipline; Safety
Section 339.308 - Seclusion cell prohibition.

(a) "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.

(b) "Seclusion cell" means a freestanding, self-contained unit that is used to:

(A) Isolate a student from other students; or

(B) Physically prevent a student from leaving the unit or cause the student to believe that the student is physically prevented from leaving the unit.

(2) A public education program may not:

(a) Purchase, build or otherwise take possession of a seclusion cell; or

(b) Use a seclusion cell.

(3) Nothing in this section prevents a public education program from using seclusion as allowed under ORS 339.285 to 339.303. [2013 c.30 §1; 2013 c.30 §2; 2013 c.133 §1a; 2013 c.267 §1a]

SCHOOL SAFETY

Note: Sections 1 and 2, chapter 93, Oregon Laws 2014, provide:

Sec. 1. (1) The Task Force on School Safety is established, consisting of 18 members as follows:

(a) The Superintendent of State Police or the superintendent’s designee.

(b) The Director of the Department of Public Safety Standards and Training or the director’s designee.

(c) The Governor’s Public Safety Policy Advisor.

(d) The Governor’s Education Policy Advisor.

(e) The President of the Senate shall appoint one member from among members of the Senate.

(f) The Speaker of the House of Representatives shall appoint one member from among members of the House of Representatives.

(g) The Governor shall appoint 12 members as follows:

(A) A member of the Oregon State Sheriffs’ Association;

(B) A member of the Oregon Association Chiefs of Police;

(C) A member of the Oregon Fire Chiefs Association;

(D) A member of the Oregon Education Association;

(E) A member of the Oregon School Employees Association;

(F) A member of the Oregon School Boards Association;

(G) A member of the Oregon Association of Education Service Districts;

(H) A member of the Confederation of Oregon School Administrators;

(I) A member representing the Department of Education;

(J) A member of the Association of Oregon Community Mental Health Programs;

(K) A member of the Oregon Health Authority; and

(L) A member of the Office of Emergency Management.

(2) Members of the Legislative Assembly appointed to the task force are nonvoting members of the task force and may act in an advisory capacity only.

(3) The task force shall:

(a)(A) Develop a request for proposals to be published by the Department of State Police for hiring a vendor to create a database of floor plans for all schools within the state, accessible to authorized users via the Internet; and

(B) Make recommendations to the Department of State Police for the development of administrative rules governing the database, including but not limited to:

(i) Specifying the persons and agencies that may have access to the database;

(ii) Identifying the persons or agencies that will maintain the database; and

(iii) Regulating the manner in which database records are added or modified;

(b) Examine models of existing education and training programs for law enforcement officials, other first responders and school employees in the area of school safety and incident response; and

(c) Examine models for existing protocols for school safety and incident response and consider whether standardized statewide school safety and incident response protocols would be appropriate.

(4) A majority of the voting members of the task force constitutes a quorum for the transaction of business.

(5) Official action by the task force requires the approval of a majority of the voting members of the task force.

(6) The task force shall elect one of its members to serve as chairperson and one of its members to serve as vice chairperson.

(7) If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective.

(8) The task force shall meet at times and places specified by the call of the chairperson or of a majority of the voting members of the task force.

(9) The task force may adopt rules necessary for the operation of the task force.

(10) The task force shall submit a report concerning the floor plan database in the manner provided by ORS 192.245, and may include recommendations for legislation, to an interim committee of the Legislative Assembly related to the judiciary as appropriate no later than September 1, 2017. A second report shall be submitted in a similar manner no later than September 1, 2019. A third report shall be submitted in a similar manner no later than September 1, 2021.

(11) The Department of State Police shall provide staff support to the task force.

(12) Members of the task force who are not members of the Legislative Assembly are not entitled to compensation, but may be reimbursed for actual and necessary travel and other expenses incurred by them in the performance of their official duties in the manner and amounts provided for in ORS 292.495. Claims for expenses incurred in performing functions of the task force shall be paid out of funds appropriated to the Department of State Police for purposes of the task force.

(13) All agencies of state government, as defined in ORS 174.111, are directed to assist the task force in the performance of its duties and, to the extent permitted by laws relating to confidentiality, to furnish such information and advice as the members of the task force consider necessary to perform their duties. [2014 c.93 §1; 2016 c.74 §6; 2019 c.685 §1]

Sec. 2. Section 1, chapter 93, Oregon Laws 2014, is repealed on December 31, 2021. [2014 c.93 §2; 2016 c.74 §7; 2019 c.685 §2]