ORS 339.308
Seclusion cell prohibition


(1)

As used in this section:

(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 (Definitions for ORS 339.285 to 339.303) to 339.303 (Rules for complaints, investigations and seclusion rooms). [2013 c.30 §1; 2013 c.30 §2; 2013 c.133 §1a; 2013 c.267 §1a]
Note: Sections 1 and 2, chapter 93, Oregon Laws 2014, provide:
Sec. 1. (1) The Task Force on School Safety is established, consisting of 23 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 17 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 Coalition 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;

(L)

A member of the Oregon Department of Emergency Management; and

(M)

Five members who represent historically, traditionally and currently disadvantaged or underrepresented groups.

(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)

Examine existing and emerging issues related to school safety using an all-hazards and equity-driven approach that is responsive to current safety needs;

(b)

Examine existing and emerging models of education and training programs for law enforcement officials, other first responders and school employees in the areas of school safety, security and emergency management; and

(c)

Examine existing and emerging models for protocols for school safety, security and emergency management and consider to what extent standardizing 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. To the extent possible the task force shall meet by telephone or video conference but may meet in person.

(9)

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

(10)

The task force shall submit annually by December 1 a report regarding its findings made under subsection (3) of this section in the manner provided by ORS 192.245 (Form of report to legislature), and may include recommendations as appropriate, to an interim committee of the Legislative Assembly related to the judiciary.

(11)

A state agency that has a member on the task force shall provide staff support to the task force.

(12)

Members of the task force who are not employees of a state agency or 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 (Compensation and expenses of members of state boards and commissions). 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 (“State government” defined), 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; 2021 c.574 §3]
Note: The name of the Office of Emergency Management has been changed in section 1, chapter 93, Oregon Laws 2014, to the Oregon Department of Emergency Management. The name change becomes operative on July 1, 2022. See sections 1 and 155, chapter 539, Oregon Laws 2021.
Sec. 2. Section 1, chapter 93, Oregon Laws 2014, is repealed on December 31, 2023. [2014 c.93 §2; 2016 c.74 §7; 2019 c.685 §2; 2021 c.574 §4]

Source: Section 339.308 — Seclusion cell prohibition, https://www.­oregonlegislature.­gov/bills_laws/ors/ors339.­html.

339.005
Definition for ORS 339.040 and 339.125
339.010
School attendance required
339.020
Duty to send children to school
339.030
Exemptions from compulsory school attendance
339.035
Teaching by private teacher, parent or guardian
339.040
Attendance supervisors
339.055
Duties of attendance supervisors
339.065
Estimates of attendance
339.071
Attendance notification policy
339.080
Nonattendance notice to parents, school officials and parole or probation officer
339.090
Determination of compliance
339.095
Required procedures related to violations of certain school attendance requirements
339.115
Admission of students
339.119
Prohibition of payment as incentive to receive educational services
339.122
Disclosures in promotional materials
339.125
Contract for admission of nonresident pupils
339.127
Factors prohibited from consideration when giving consent to nonresident student
339.128
Factors prohibited from consideration when admitting tuition-paying nonresident student
339.129
Education for children in local or regional correctional facilities required
339.133
Determination of residency of student for school purposes
339.134
Residency of child voluntarily placed outside child’s home and living in substitute care program
339.137
Residency of student at youth care center
339.139
Residency of military children
339.141
Tuition prohibited for regular school program
339.147
When tuition authorized
339.155
Prohibitions of certain fees as condition of admission
339.240
Rules of student conduct, discipline and rights
339.250
Duty of student to comply with rules
339.252
Child with disability continues to be entitled to free appropriate public education if removed for disciplinary reasons
339.256
Prohibition on restriction of access to specialized learning areas or certain common areas
339.270
Assessment of costs of school property damage against responsible student or parents or guardian
339.280
Student grading policies
339.285
Definitions for ORS 339.285 to 339.303
339.288
Prohibitions on use of certain restraints
339.291
Use of restraint or seclusion
339.294
Procedures following incident
339.297
Annual report
339.300
Training programs
339.303
Rules for complaints, investigations and seclusion rooms
339.308
Seclusion cell prohibition
339.309
Required reports of employee injuries
339.312
Safe school alliance
339.315
Report required if person has unlawful firearm or destructive device
339.317
Notice to school district of person charged with crime
339.319
Notice to school district of person convicted of crime
339.321
Notice to school district and law enforcement agencies of release or discharge of person
339.323
Disclosure of information regarding person charged with or convicted of crime or regarding release or discharge of person
339.326
Actions after receipt of notice under ORS 419A.305
339.327
Notification required if person possesses threatening list or when threats of violence or harm made
339.329
Statewide tip line to report information concerning threats or potential threats to student safety
339.331
Mission
339.333
Board of directors
339.336
Funding
339.339
Collaboration between center and Department of Education
339.341
Statewide School Safety and Prevention System
339.343
Comprehensive district plans on student suicide prevention
339.345
Requirement to have automated external defibrillator
339.347
Policies to address bias incidents and displays of symbols of hate
339.351
Definitions for ORS 339.351 to 339.364
339.353
Findings
339.356
District policy required
339.359
Training programs
339.362
Retaliation against victims and witnesses prohibited
339.364
Victim may seek redress under other laws
339.366
Required policies on teen dating violence and domestic violence
339.368
Posters regarding domestic violence
339.370
Definitions for ORS 339.370 to 339.400
339.372
Policies of school boards on reporting of suspected abuse and suspected sexual conduct
339.374
Required background checks by education providers
339.378
Disclosure of information and records by education provider
339.384
Prohibitions and allowances related to hiring of applicant to be school employee
339.388
Report of abuse or sexual conduct
339.389
Receipt by Department of Education from Department of Human Services of notification of report or investigation of abuse
339.390
Investigations by Teacher Standards and Practices Commission of persons who are commission licensees
339.391
Investigations by Department of Education of persons who are not commission licensees
339.392
Prohibitions against certain agreements and contracts
339.396
Effect on causes of action
339.400
Training
339.420
Child excused to receive religious instruction
339.450
Prohibited grounds for denying participation in interscholastic athletics
339.460
Participation in interscholastic activities by GED student, homeschooled student or student who attends public charter school
339.505
Definitions for ORS 339.505 to 339.520
339.510
Student accounting system
339.515
Uniform reporting system
339.520
Information required on certain students who withdraw from school
339.650
“Traffic patrol” defined for ORS 339.650 to 339.665
339.655
Traffic patrols authorized
339.660
Rules on traffic patrols
339.665
Intergovernmental cooperation and assistance in connection with traffic patrols
339.866
Self-administration of medication by students
339.867
“Medication” defined for ORS 339.869 and 339.870
339.869
Administration of medication to students
339.870
Liability of school personnel administering medication
339.871
Liability of school personnel for student self-administering medication or for student or individual unable to self-administer medication
339.873
Recommendations on medication to affect or alter thought processes, mood or behavior prohibited
339.874
Use of sun-protective clothing and sunscreen
339.875
Procurement, display and salute of flags
339.877
Issuance of diploma for work completed at certain state institutions
339.880
Unauthorized soliciting of pupils prohibited
339.883
Possession of tobacco products or inhalant delivery systems by person under 21 prohibited at certain facilities
339.885
Secret societies in public schools prohibited
339.890
Radio frequency identification device policy for students
339.990
Penalties
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