2021 Oregon Revised Statutes
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 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, 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. 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; 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]

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.