Oregon 2023 Regular Session

Oregon Senate Bill SB995

Introduced
2/22/23  
Refer
2/22/23  

Caption

Relating to qualifications for use of physical restraint in schools; declaring an emergency.

Impact

The proposed changes will significantly alter how public education institutions handle incidents that necessitate restraint or seclusion. Educators will be required to notify parents and provide documentation following any incident involving such measures, thus increasing transparency and accountability. Additionally, repeated incidents within a school year will trigger a review of the student's behavior plan, incorporating parental involvement to ensure appropriate support is provided and to minimize the use of restraint or seclusion.

Summary

Senate Bill 995 aims to regulate the use of restraint and seclusion in public education programs by establishing strict criteria around their implementation and oversight. It mandates that the Department of Education can only approve training programs for restraint and seclusion if they are nationally recognized and meet specific certification requirements set by the Department of Human Services. The bill emphasizes that such measures should only be used by certified personnel and only under circumstances that justify their necessity, specifically to prevent imminent risk of injury to students or others.

Sentiment

Overall, the sentiment surrounding SB 995 appears to be supportive of creating safer educational environments with increased safeguards against potential abuses. Advocates for the bill argue that it is essential for protecting children, particularly those with special needs, from potentially harmful practices. However, some concerns were raised about the practical implications of enforcing these new regulations, including the tension between necessary discipline and the restrictions imposed by the bill.

Contention

Key points of contention include how effectively the bill will be implemented in practice, including the adequacy of training programs for staff and the ability to assess the necessity of restraint or seclusion in high-stress situations. Furthermore, there is debate about whether the penalties for non-compliance, which could label a school program as nonstandard, will ultimately enhance or detract from the educational environment. Critics argue that the bill may inadvertently hinder educators from being able to act promptly in emergencies.

Companion Bills

No companion bills found.

Previously Filed As

OR HB3835

Relating to the welfare of young people; declaring an emergency.

OR HB3706

Relating to the welfare of young people; declaring an emergency.

OR SB1534

Relating to the welfare of young people; declaring an emergency.

OR HB4059

Relating to child abuse; declaring an emergency.

OR SB1532

Relating to services for vulnerable persons; and declaring an emergency.

OR SB734

Relating to the use of mechanical restraints on certain young people; declaring an emergency.

OR SB1533

Relating to the rights of children in care; and declaring an emergency.

OR SB875

Relating to the rights of children in care; and declaring an emergency.

OR LD1248

An Act Regarding Physical Escort and Restraint and Seclusion of Students in Schools

OR HB1229

Public schools; use of seclusion and restraint, report.

Similar Bills

CA AB1922

Restraint of incarcerated persons.

CO HB1248

Protect Students from Restraint & Seclusion Act

NM HB260

Allowable Responses To Student Behavior

OR SB1113

Relating to the welfare of young people.

DE HB79

An Act To Amend Title 14 Of The Delaware Code Relating To Limitations On The Use Of Seclusion And Restraint.

NM HB120

Limiting Student Restraint & Seclusion

OR HB3835

Relating to the welfare of young people; declaring an emergency.