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Restraint and Seclusion in Oregon Public Education Programs

Promoting Safe and Prevention Focused Practices

Sept 2025

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Learning Objectives

By the end of this session, participants will be able to:

Define restraint and seclusion.
Identify legal requirements and prohibited practices under Oregon law.
Understand reporting, training, and post-incident debrief requirements.
Recognize strategies for prevention, de-escalation, and behavior support to reduce harmful and exclusionary practices.
Apply best practices for family communication and protection of student rights.

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Disclaimer

These materials constitute the Oregon Department of Education’s interpretation of various state laws and are provided to support public education programs’ understanding of their obligations under these laws. The information in these materials is subject to change based on future legal and policy changes. These materials are intended for informational purposes only and do not constitute legal advice.

Oregon Department of Education

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Why This Matters

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📌 Every student deserves dignity, safety, and a supportive learning environment.

⚠️ Restraint and seclusion is harmful and are used disproportionately.

✅ You Are Key: Trained and knowledgeable staff help prevent incidents, guide trauma-informed supports, and ensure lawful, ethical practices.

🎯 Our Shared Goal:

Prevent use whenever possible.

Oregon Department of Education

Let’s ground ourselves in a shared goal:

🎯 Prevent the use of restraint and seclusion whenever possible.

📌 Every student — regardless of background or behavior — deserves dignity, safety, and a supportive environment where they can thrive.

⚠️ We also need to name the truth: restraint and seclusion can be harmful, and they are used disproportionately — especially with students with disabilities and students of color.

✅ That’s why you matter. Your training, your mindset, and your choices in the moment play a critical role in prevention, trauma-informed support, and doing this work both lawfully and ethically.

Reflection prompt:� What does prevention mean in your context?� Think of one way you or your team has helped avoid a situation escalating to restraint or seclusion.

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Oregon’s Commitment

Guiding Principles 🧠 Trauma-informed practices

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🛡️ Use legal guardrails to protect, not punish.

💚 Support staff well-being and regulation — regulated adults help co-regulate students.

👥 Provide inclusive, student-centered supports.

📘 Follow ORS 339.285–339.303 and OAR 581-021-0550 through 581-021-0570.

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Defining Restraint and Seclusion?

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Restraint: Restriction of a student’s actions or movements by holding the student or using pressure or other means.

Restraint does NOT include: holding a student’s hand or arm to escort safely without force; or assisting with a task if the student does not resist physical contact.

Seclusion: Involuntary confinement of a student alone in a room from which the student is physically prevented from leaving. Includes confinement alone in a room with a closed door, locked or unlocked.

Seclusion does NOT include briefly removing a student to regain self-control if not physically prevented from leaving; or leaving a student alone in a room with a closed door for reasons unrelated to behavior.

Oregon Department of Education

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🚨 When Are They Allowed?

Restraint and Seclusion Are Illegal Unless…

Used only as a last resort when a student’s behavior presents:

🔹 Restraint: Imminent & substantial physical or bodily injury risk.�🔹 Seclusion: Imminent & serious bodily injury risk (a higher threshold).�🧰 Less restrictive interventions must be ineffective before either is used.

Examples: proactive and/or de-escalation strategies.

📘 Definitions:

Substantial Injury = requires some form of medical treatment.
Serious Bodily Injury = significant impairment (per medical professional), e.g., disfigurement, loss of bodily function, risk of death.�

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Restraint and seclusion are only legal as a very last resort — when a student’s behavior poses a serious risk.

For restraint, that means there’s an imminent and substantial risk of physical or bodily injury.� For seclusion, the bar is even higher — there must be an imminent and serious bodily injury risk.

And importantly, less restrictive interventions — like proactive or de-escalation strategies — must have been tried and found ineffective before restraint or seclusion can be used.

Just so we’re clear on terms:� — Substantial injury means injury needing some medical treatment.� — Serious bodily injury means a significant impairment, like disfigurement or loss of bodily function, as defined by a medical professional.

Optional Prompts:

What are some proactive strategies you’ve seen work well before situations escalate?

How does your team decide when less restrictive options have truly been exhausted?

What challenges have you faced in balancing safety with avoiding restraint or seclusion?

How can we better support each other to prioritize prevention in our schools?

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Restraint and Seclusion: Prevention is the Priority

🛑 Why Prevention?

Prevention is more effective than response.
Requires a systems approach.�

🌟 What Does Prevention Look Like?

Positive Behavioral Interventions and Supports (PBIS) and proactive strategies
Functional Behavioral Assessments (FBA) and individualized behavior support plans
Student voice and trauma-informed care
Wellness for staff and students
Training in prevention and de-escalation

Regulate before intervening
Use calm tone, space, and presence
Don’t take it personally!

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Why focus on prevention? Because preventing challenging behavior is always more effective — and less harmful — than responding with restraint or seclusion.

Our goal is to reduce the need for these interventions by building systems that support every student proactively.

So, what does prevention actually look like?� It includes strategies like:� — Positive Behavior Interventions and Supports, or PBIS,� — Behavior support plans and functional behavioral assessments,� — Centering student voice and trauma-informed care,� — Prioritizing staff wellness, because regulated adults help regulate students,� — Training focused on prevention and de-escalation, and� — Practicing regulation before intervention — using tone, space, and calm presence, and remembering not to take behavior personally.

Let’s reflect:� Which of these prevention strategies are already part of your school culture?� Which might need more attention or support?

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Six Core Strategies to Prevent Restraint & Seclusion

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1. Leadership For Organizational Change: Establish clear goals, align policy and practice, and support a culture of safety and dignity. 🔑

2. Data to Inform Practice: Track restraint/seclusion use, analyze patterns, and make data-driven decisions.📊

3. Workforce Development: Provide training in trauma-informed care, de-escalation, and positive behavior supports.🧠

4. Use of Prevention Tools: Implement individualized crisis plans, behavior support plans, and environmental strategies.💬

5. Involvement of Youth and Families: Engage students and families as partners in planning and decision-making. 👥

6. Debriefing Techniques: Use post-incident debriefs to support healing, improve practice, and reduce recurrence. 🩺

Six core strategies that help drive real change:

🔑 First, strong leadership — setting clear goals, aligning policies, and fostering a culture where safety and dignity are non-negotiable.

📊 Second, using data to track restraint and seclusion, spot patterns, and guide decisions.

🧠 Third, workforce development — training staff in trauma-informed care, de-escalation, and positive behavior supports.

💬 Fourth, applying prevention tools like individualized crisis plans and behavior support plans.

👥 Fifth, involving youth and families as partners, ensuring their voices shape planning and responses.

🩺 And sixth, conducting post-incident debriefings to support healing, improve future practice, and reduce repeat incidents.

Discussion prompt:� Which of these strategies feels strongest in your school? Which could use more focus?

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Legal Exceptions – Not Considered Restraint

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ORS 339.285(1)(b): Restraint does NOT include reasonable intervention with minimal exertion of force necessary to:

Break up a physical fight.
Interrupt a student’s impulsive behavior that threatens immediate safety (e.g., running in front of a vehicle, climbing unsafe structures).
Protect self or others from assault, injury, or sexual contact using the minimum physical contact necessary for protection.

If it’s not restraint, follow your district’s Student Code of Conduct for response and documentation, which may include:

📞 Parent phone call.

🧾 Incident report.

🎓 Referral.

📄 Other written/verbal documentation.

Oregon Department of Education

Oregon law makes an important distinction: restraint does not include reasonable interventions using the minimal force necessary in certain urgent situations, such as:

🛑 Breaking up a physical fight,� 🏃‍♂️ Interrupting impulsive behavior that threatens immediate safety — like running into traffic or climbing unsafe structures, or� 🛡️ Protecting yourself or others from assault, injury, or unwanted sexual contact.

If what you do doesn’t meet the legal definition of restraint, then you follow your district’s Student Code of Conduct for response and documentation. That might include things like:� — Calling the parent,� — Filing an incident report,� — Making a referral, or� — Other written or verbal documentation.

Question for reflection:� How does your team distinguish between reasonable intervention and restraint in real time? How is that communicated and documented?

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When Restraint or Seclusion Occurs

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The student’s behavior imposes a reasonable risk.

Must be implemented by those who are trained and certified.

Used only for as long as the student’s behavior poses a reasonable risk.

Restraint or seclusion should be discontinued as soon as reasonable risk of harm has dissipated.

Requires continuous monitoring for the duration of the restraint or seclusion.

Less restrictive interventions would not be effective.

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Restraint & Seclusion:

Five Incidents in a School Year

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If a student is involved in five incidents in a school year involving restraint or seclusion, a team consisting of:

Personnel of the public education program
Parent or guardian of the student

Must be assembled specifically for:

Reviewing and revising the student's behavior plan.
Ensuring the provision of any necessary behavioral supports.

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Beyond the Five-Incident Rule: Required FBAs/BIPs

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In addition to the required five incident review, there are three specific situations where an FBA/BIP is explicitly required for students experiencing disability in Oregon:

(1) when a student exhibits behavior that is determined to be a manifestation of their disability following a decision to change their placement because of a violation of a code of student conduct (34 CFR § 300.530)

(3) following an appropriate incident of seclusion (OAR 581-021-0553).

(2) when a student has placed themselves, other students, or staff at imminent risk of serious bodily injury as a result of the student’s behavior (OAR 581-015-2181(2)(a)); and

Oregon Department of Education

The five-incident threshold on the previous slide ensures a formal review, but the law also recognizes that there are three explicit circumstances when an FBA and BIP are required.

There are three specific times when an FBA and BIP are explicitly required for students with disabilities in Oregon:

1️⃣ When a student’s behavior is determined to be a manifestation of their disability following a disciplinary change of placement.� 2️⃣ When a student’s behavior places themselves, peers, or staff at imminent risk of serious bodily injury.� 3️⃣ Following an incident of seclusion, which under Oregon law requires a serious bodily injury risk.

Remember: an FBA — or Functional Behavioral Assessment — is a structured process for understanding the why behind behavior. It assumes that behavior is communication and helps us respond with appropriate support.

✳️ And while these three triggers are legally required, we don't need to wait. An FBA/BIP can and should be used proactively when behavior interferes with learning.

🔔 Important reminder: Parental consent is required to conduct an FBA.

Prompt:� How is your team currently identifying when an FBA should be initiated

Let’s talk briefly about what happens when behavior leads to significant disciplinary action.

Under IDEA, when a disciplinary change of placement is proposed — like suspensions over 10 consecutive days or a pattern of removals — a manifestation determination must be conducted within 10 school days.

The team looks at two questions:� 1️⃣ Was the conduct caused by or directly related to the student’s disability?� 2️⃣ Was it the result of the school’s failure to implement the IEP?

If the answer is yes to either, the behavior is considered a manifestation, and the IEP team must conduct or update an FBA and implement or revise a BIP.

In addition, Oregon law requires an FBA and BIP if a student with an IEP or 504 Plan places others at imminent risk of serious bodily injury (SBI), or is placed in seclusion - as the threshold for use is SBI.

⚠️ Serious bodily injury is not the same as minor injuries or emotional distress.

Reflection prompt:� How familiar is your team with these FBA/BIP requirements? Is there a process in place to ensure timelines and consent are managed?

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Prohibited Practices

❌Never Permitted For:

Discipline or punishment
Staff convenience or retaliation
Any action intended to cause pain

🚫 Prohibited Practices:

Prone restraint (face down on the floor).
Supine restraint (face up on the floor).
Seclusion without safety features.
Mechanical or chemical restraint.
Use by untrained personnel.
Any restraint that involves the intentional and non-incidental use of a solid object.

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Let’s be absolutely clear: these practices are strictly prohibited in Oregon public education settings.

❌ Restraint and seclusion cannot be used as a form of discipline or punishment.� ❌ They cannot be used for staff convenience or out of retaliation.� ❌ Any action intended to cause pain is not acceptable.

Oregon law also prohibits:� — Prone restraint — face-down on the floor,� — Supine restraint — face-up on the floor,� — Seclusion in rooms without safety features,� — The use of mechanical or chemical restraint,� — Any use by untrained personnel, and� — Any restraint that involves intentional use of a solid object,

These boundaries protect students and staff. Knowing them helps us keep our practice lawful, safe, and centered in dignity.

Reflection prompt:�What helps your team stay aligned with best practices?

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Training Requirements

🧠 Training Requirements:

Only staff trained and holding current certification in ODE-approved training programs should implement restraint or seclusion.
Programs must include de-escalation, conflict prevention, positive behavior supports, and crisis response.
If untrained staff use restraint/seclusion: parents must be notified, including the reason for use by untrained personnel.

✅ Programs must be nationally recognized & certify in nonviolent crisis methods.

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Post Incident Response: Parent Notification & Debriefing 📞

Verbal or electronic parent/guardian notification by the end of the school day of the incident

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📝 Written

Documentation:

Written report within 24 hours.
Written notice of any audio/video recording within 24 hours.

📅 Debriefing Requirements:

Timely invitation to a debriefing meeting.
Parent/guardian must be invited to attend.
Parent/guardian has the right to request another meeting if they were unable to attend the one required to be held within two school days of the incident.

When restraint or seclusion occurs, timely and respectful follow-up is essential. Oregon law requires several key steps:

🕒 A written report must be provided to the parent or guardian within 24 hours of the incident.
🎥 If any audio or video recording exists of the incident, that must also be disclosed within 24 hours.
📅 Parents or guardians must receive a timely invitation to a debriefing meeting, which must take place within two school days of the incident.
🧑‍🤝‍🧑 The parent or guardian has a right to attend, and if they miss the meeting, they can request another one at any time.
These aren’t just procedural steps — they’re part of maintaining transparency, and supporting post incident healing.

Prompt for reflection:� How does your school ensure families are informed quickly and feel meaningfully included in the debrief process?

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Post Incident Debrief Requirements

The debrief must be held within two school days of the incident.
Must include key staff involved.
Opportunity to understand what led to the incident.
Includes behavior, alternatives tried, injuries (if any).
Identify changes needed in supports, environments, or staffing.
Collaborate with family on next steps.
Use post incident debrief findings to update student supports.

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The debriefing process is more than a checkbox — it’s a crucial opportunity to reflect, repair, and improve.

✅ A debrief must be held within two school days of any restraint or seclusion incident.� ✅ It must include key staff who were involved in the event.� ✅ The purpose is to understand what led to the incident — not just the behavior itself, but also:� — What alternatives were attempted,� — Whether any injuries occurred,� — And what changes may be needed in supports, environments, or staffing.

Most importantly, the family should be included as a collaborative partner in identifying next steps.

Findings from the debrief should be used to update the student’s supports, ensuring the team learns and adapts.

Team prompt:� How does your school currently structure debriefs — and are they leading to meaningful changes in student support?

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Documentation

Incident reports must include:

Description of events
Justification for restraint/seclusion
Staff involved
Duration
De-escalation attempts

Reports kept in student’s education record.

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Restraint and Seclusion & Child Abuse Investigations

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An institution may be found responsible for abuse if:

The public education program failed to ensure personnel had access to students’ IEPs, 504 Plans, or Behavior Intervention Plans.
It did not provide sufficient training to perform health-related or personal care tasks.
Personnel did not understand or deliver the required services and supports.
Restraint or seclusion was imposed under orders from a superior, and staff feared termination or discipline if they refused.
The public education program did not ensure personnel were adequately trained in the use of restraint or seclusion.

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The definition of “abuse” for purposes of child abuse reporting includes violations related to restraint and seclusion.

Under Oregon law, restraint and seclusion are considered protective interventions—not discipline or punishment. However, misuse or misapplication of these interventions may rise to the level of child abuse, particularly when a system fails to meet its responsibilities.

A public education program may be found responsible for child abuse if it:

Fails to ensure staff have access to a student’s IEP, 504 Plan, or Behavior Intervention Plan, resulting in uninformed or unsafe responses;�
Does not provide sufficient training for staff to perform health-related or personal care tasks;�
Employs personnel who do not understand or deliver required services or supports;�
Allows restraint or seclusion to be imposed simply because a superior directed it, and staff feared consequences if they refused;�
Does not assure that only trained and certified personnel use restraint or seclusion interventions.

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Annual Review & Reporting

📊 Public Education Programs must:

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Track all uses of restraint and seclusion.

Annually review data for patterns and disparities.

Submit required reports to ODE and post locally.

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Families: Partners with Rights

Right to be informed of any restraint or seclusion incident.
Right to participate in debriefing.
Right to access documentation.
Right to file a complaint if procedures are not followed.

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Students with Disabilities

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FAPE still applies during and after incidents.

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FAPE

Don’t use restraint/seclusion as a substitute for services.

Restraint & Seclusion�

Ensure IEPs reflect behavior supports.

IEPs

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Disproportionality

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Students with disabilities and students of color are impacted more often.

Examine implicit bias and system gaps.

Use data to address inequities.

We know from national and state data that students with disabilities and students of color experience restraint and seclusion at disproportionately higher rates.

These patterns aren’t accidental—they reflect long standing inequities in how we respond to student behavior. It’s critical that we examine our own practices and ask hard questions:� Are we using restraint more with certain groups of students?� Are we making assumptions based on race, disability, or communication style?

Our charge is to use data to illuminate these disparities—not to place blame, but to take meaningful, corrective action.

Prompts:

📊 What does your district or school’s data show about who is being restrained or secluded?
🧠 When was the last time you examined how implicit bias may influence behavior responses?
🛠 What system-level supports are in place to reduce disparities—and where are the gaps?

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Oregon Department of Education Resources

Available on the ODE Restraint and Seclusion webpage:

ODE Approved Training Programs - May 2024 -A list of programs approved by ODE for training staff in safe de-escalation and crisis prevention.
ODE Sample Forms: Restraint and Seclusion - These sample forms are intended to assist in meeting requirements and are not mandated for use. Public education programs have full discretion to develop their own policies, procedures and practices that meet all federal and state requirements.
Oregon Administrative Rules (OAR) 581-021-0550 to 581-021-0570 - List of the full set of state rules governing the use, documentation, and reporting of restraint and seclusion in schools.
Restraint and Seclusion Technical Assistance and Guidelines Manual - Comprehensive guidance on implementation, prevention strategies, and compliance related to restraint and seclusion.

Quick Reference One-Pagers

Preventing Restraint and Seclusion: Definitions and Incident Documentation Requirements - Defines key terms and outlines what must be included when documenting incidents.
Preventing Restraint and Seclusion: Definitions and Annual Reporting Requirements - Explains annual reporting expectations and requirements for schools and districts.
Differentiating Seclusion Rooms from Clears - Clarifies the legal and functional differences between seclusion and classroom clears, including examples.

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Behavior Support Resources

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581-021-0550: Definitions

581-021-0553: Use of Restraint and Seclusion in Public Education Programs

581-021-0556: Program’s Procedures Regarding Restraint & Seclusion

581-022-2267: Annual Report on use of Restraint and Seclusion

581-021-0563: Approval of Restraint and Seclusion Training Programs for Staff

581-021-0566: Required Use of Approved Restraint and Seclusion Programs

581-021-0568: Standards for Seclusion Rooms

581-021-0569: Use of Seclusion Cells Prohibited

581-021-0570: Complaint Procedures

581-015-2181: Functional Behavioral Assessments

Oregon Administrative Rules on Restraint and Seclusion: Codified as ORS 339.285 - 339.303

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What You Can Do

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Stay current on training.

Know your district’s approved training program.

Use positive preventative supports.

Know and follow the laws and rules.

Support your team and care for your own well-being.

So, what can you do to ensure restraint and seclusion practices are safe, legal, and aligned with Oregon guidance?

First, know your district’s approved training program—only ODE-approved programs should be used, and they include specific components like de-escalation, crisis response, and positive behavior supports.
Second, stay current on your certification. Training must be up to date to ensure safe, appropriate implementation.
Third, focus on positive, preventative supports—these strategies reduce the need for crisis responses and help students build regulation skills.
Next, know and follow the rules. That means understanding both the law and your school’s policies, and following them every time.
Finally, support your team and care for your own well-being. These situations can be emotionally taxing, and taking care of yourself helps you stay regulated, reflective, and ready to respond with compassion.

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Final Thoughts

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Opportunity

Every incident is an opportunity to do better.

Prevention

Prevention is the most powerful strategy.

We’re here to support you!

Support

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ODE.SpecialEducationQuestions@ode.oregon.gov (general support)

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Feedback Survey

Please take a few minutes to complete this anonymous survey using the following link or QR Code.

Survey Link

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Oregon Department of Education

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