2021 Oregon Revised Statutes
Chapter 339 - School Attendance; Admission; Discipline; Safety
Section 339.288 - Prohibitions on use of certain restraints.


(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]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 09 - Education and Culture

Chapter 339 - School Attendance; Admission; Discipline; Safety

Section 339.010 - School attendance required.

Section 339.020 - Duty to send children to school.

Section 339.030 - Exemptions from compulsory school attendance; rules.

Section 339.035 - Teaching by private teacher, parent or guardian; rules.

Section 339.040 - Attendance supervisors.

Section 339.065 - Estimates of attendance; irregular attendance; excused absences.

Section 339.071 - Attendance notification policy.

Section 339.080 - Nonattendance notice to parents, school officials and parole or probation officer.

Section 339.095 - Required procedures related to violations of certain school attendance requirements; rules.

Section 339.115 - Admission of students; waiver; denial.

Section 339.119 - Prohibition of payment as incentive to receive educational services; exceptions.

Section 339.122 - Disclosures in promotional materials.

Section 339.125 - Contract for admission of nonresident pupils; costs.

Section 339.127 - Factors prohibited from consideration when giving consent to nonresident student; limitations on consent and advertisements.

Section 339.128 - Factors prohibited from consideration when admitting tuition-paying nonresident student.

Section 339.129 - Education for children in local or regional correctional facilities required; funding; notice to district; access.

Section 339.133 - Determination of residency of student for school purposes.

Section 339.134 - Residency of child voluntarily placed outside child’s home and living in substitute care program.

Section 339.137 - Residency of student at youth care center.

Section 339.139 - Residency of military children; rules.

Section 339.141 - Tuition prohibited for regular school program; other programs.

Section 339.147 - When tuition authorized; waiver of tuition and fees.

Section 339.155 - Prohibitions of certain fees as condition of admission; allowable fees.

Section 339.240 - Rules of student conduct, discipline and rights; duties of state board and district school boards.

Section 339.250 - Duty of student to comply with rules; policies on discipline, suspension, expulsion, threats of violence or harm, firearms and physical force; student handbook or code of conduct; enforcement of policies.

Section 339.252 - Child with disability continues to be entitled to free appropriate public education if removed for disciplinary reasons; due process procedures.

Section 339.256 - Prohibition on restriction of access to specialized learning areas or certain common areas.

Section 339.270 - Assessment of costs of school property damage against responsible student or parents or guardian; notice; action to recover.

Section 339.280 - Student grading policies; consideration of attendance allowed; policy content.

Section 339.285 - Definitions for ORS 339.285 to 339.303.

Section 339.288 - Prohibitions on use of certain restraints.

Section 339.291 - Use of restraint or seclusion.

Section 339.294 - Procedures following incident; notification; records.

Section 339.297 - Annual report.

Section 339.300 - Training programs.

Section 339.303 - Rules for complaints, investigations and seclusion rooms.

Section 339.308 - Seclusion cell prohibition.

Section 339.309 - Required reports of employee injuries.

Section 339.315 - Report required if person has unlawful firearm or destructive device; immunity; law enforcement investigation required.

Section 339.317 - Notice to school district of person charged with crime; immunity.

Section 339.319 - Notice to school district of person convicted of crime; immunity.

Section 339.321 - Notice to school district and law enforcement agencies of release or discharge of person; immunity.

Section 339.323 - Disclosure of information regarding person charged with or convicted of crime or regarding release or discharge of person; immunity.

Section 339.326 - Actions after receipt of notice under ORS 419A.305; transfers from outside state; enrollment in other school or program; confidentiality of information; use of information; immunity.

Section 339.327 - Notification required if person possesses threatening list or when threats of violence or harm made; immunity.

Section 339.329 - Statewide tip line to report information concerning threats or potential threats to student safety; rules.

Section 339.331 - Mission; duties; annual report; staff; funding.

Section 339.333 - Board of directors.

Section 339.336 - Funding; Center for School Safety Account.

Section 339.339 - Collaboration between center and Department of Education.

Section 339.341 - Statewide School Safety and Prevention System; rules.

Section 339.343 - Comprehensive district plans on student suicide prevention; rules.

Section 339.347 - Policies to address bias incidents and displays of symbols of hate.

Section 339.351 - Definitions for ORS 339.351 to 339.364.

Section 339.353 - Findings.

Section 339.356 - District policy required.

Section 339.359 - Training programs; prevention task forces, programs and other initiatives.

Section 339.362 - Retaliation against victims and witnesses prohibited; school employee immunity.

Section 339.366 - Required policies on teen dating violence and domestic violence.

Section 339.368 - Posters regarding domestic violence; rules.

Section 339.370 - Definitions for ORS 339.370 to 339.400.

Section 339.372 - Policies of school boards on reporting of suspected abuse and suspected sexual conduct.

Section 339.374 - Required background checks by education providers.

Section 339.378 - Disclosure of information and records by education provider; confidentiality; limitations on assisting another in obtaining new job; discipline.

Section 339.384 - Prohibitions and allowances related to hiring of applicant to be school employee.

Section 339.388 - Report of abuse or sexual conduct; investigation; appeal process; disclosure of records.

Section 339.389 - Receipt by Department of Education from Department of Human Services of notification of report or investigation of abuse; rules.

Section 339.390 - Investigations by Teacher Standards and Practices Commission of persons who are commission licensees; timeline; findings; rules.

Section 339.391 - Investigations by Department of Education of persons who are not commission licensees; timeline; findings; rules.

Section 339.392 - Prohibitions against certain agreements and contracts.

Section 339.400 - Training.

Section 339.450 - Prohibited grounds for denying participation in interscholastic athletics.

Section 339.460 - Participation in interscholastic activities by GED student, homeschooled student or student who attends public charter school; conditions; fees.

Section 339.505 - Definitions for ORS 339.505 to 339.520; rules.

Section 339.510 - Student accounting system; goals.

Section 339.515 - Uniform reporting system; training and technical assistance in using system.

Section 339.520 - Information required on certain students who withdraw from school.

Section 339.655 - Traffic patrols authorized; medical benefits; rules.

Section 339.660 - Rules on traffic patrols; eligibility; authority.

Section 339.665 - Intergovernmental cooperation and assistance in connection with traffic patrols.

Section 339.866 - Self-administration of medication by students.

Section 339.867 - "Medication" defined for ORS 339.869 and 339.870.

Section 339.869 - Administration of medication to students; rules.

Section 339.870 - Liability of school personnel administering medication.

Section 339.871 - Liability of school personnel for student self-administering medication or for student or individual unable to self-administer medication.

Section 339.873 - Recommendations on medication to affect or alter thought processes, mood or behavior prohibited; exceptions.

Section 339.874 - Use of sun-protective clothing and sunscreen.

Section 339.875 - Procurement, display and salute of flags.

Section 339.877 - Issuance of diploma for work completed at certain state institutions.

Section 339.883 - Possession of tobacco products or inhalant delivery systems by person under 21 prohibited at certain facilities.

Section 339.885 - Secret societies in public schools prohibited; membership grounds for suspension or expulsion.

Section 339.890 - Radio frequency identification device policy for students; rules.