2015 ORS 339.308¹
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 14 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 eight 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; and

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

(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 (Form of report to legislature), 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, 2014.

(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 (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]

Sec. 2. Section 1 of this 2014 Act is repealed on the date of the convening of the 2017 regular session of the Legislative Assembly as specified in ORS 171.010 (Time and place of holding regular legislative sessions). [2014 c.93 §2]


1 Legislative Counsel Committee, CHAPTER 339—School Attendance; Admission; Discipline; Safety, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors339.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.