Oregon SB 963 – Relating to Allowed and Prohibited Use of Restraint of Students

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Oregon SB 963, a bill modifying allowed and prohibited uses of restraint of students by public education programs, was recently acted on as follows:
  • Oregon SB 963 was adopted and passed into law on 6/6/2019.
  • The contents of Oregon SB 963 took effect 7/1/2019.
  • Oregon SB 963 applies to “public education programs”, which encompasses a program in the state that:
    • Is for students in early childhood education, elementary school, or secondary school;
    • Is under the jurisdiction of a school district, an education service district, or another educational institution or program; and
    • 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.
    • Holds that “restraint” does not include:
      • Holding a student’s hand or arm to escort the student safely and without the use of force from one area to another;
      • Assisting a student to complete a task if the student does not resist the physical contact; or
      • Providing reasonable intervention with the minimal exertion of force necessary if the intervention does not include a restraint prohibited under ORS 339.288 and the intervention is necessary to:
        • Break up a physical fight;
        • Interrupt a student's impulsive behavior that threatens the student's immediate safety, including running in front of a vehicle or climbing on unsafe structures or objects; or
        • Effectively protect oneself or another from an assault, injury or sexual contact with the minimum physical contact necessary for protection.
    • Holds that restraint may not be used for discipline, punishment, retaliation, or convenience of personnel, contractors, or volunteers of the public education program.
    • The use of the following types of restraint on a student in a public education program is prohibited:
    • (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 the bite.
    • (h) Any restraint that impedes, or creates a risk of impeding, breathing.
    • (i) Any restraining 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.
    • Restraint may be used on a student in a public education program only under the following circumstances:
      • The student’s behavior imposes a reasonable risk of imminent and substantial physical or bodily injury to the student or others; and
      • Less restrictive interventions would not be effective.
    Oregon SB 963
    Photo: ESB Professional / Shutterstock

    CPI Training Can Help Your School Comply With Oregon Senate Bill 963
    CPI offers training and resources to help schools meet legislative mandates like the policy requirements set forth in Oregon Senate Bill 963. Nonviolent Crisis Intervention® training equips staff with techniques for both the prevention of and the safe use of restraint. Our train-the-trainer program helps staff identify underlying causes of student behaviors, and how staff and student behaviors affect each other. The program also emphasizes
    • Evaluating risk of harm and signs of distress.
    • Documenting incidents.
    • Safer, less restrictive holding skills to be used only as a last resort.
    • Behavioral supports.
    • Implementing evidence-based practices.
    How to Get Training
    We can bring the Nonviolent Crisis Intervention® training program on-site to your school, or you can attend training in one of more than 170 public locations throughout the US.
     
    How Our Free CPI Alignment Can Give You Peace of Mind—and Help You Comply

    For 30 years, CPI has supported educational organizations that strive to provide the safest environment for staff, patients and visitors. One of the ways CPI goes the extra mile to help educational facilities ensure that they comply with new and existing legislation is to have our legal department compose and publish Alignment documents that help administrators and their legal advisors compare an inventory of what specific legislation requires of them and how CPI training can ensure they comply.  
     
    Our Alignment for Oregon SB 963 is designed to assist you identify the ways in which CPI’s Nonviolent Crisis Intervention® training program can help school organizations in the state of Oregon comply with the new prohibitions of the types and occasions of restraint use. It may also assist you in identifying areas that may require a review and/or revision in your school organization’s policies and procedures. Just click the link above to view the Alignment and download the PDF.

    More Resources
    Get helpful hints for crisis intervention and learn about CPI training and restraint reduction.
    Oregon Senate Bill 963
    Photo: Gagliardi Photography / Shutterstock
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