Section 339.285 - Definitions for ORS 339.285 to 339.303 As used in ORS 339.285 to 339.303:
(1) "Public education program" means a program in this state 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.(2)(a) "Restraint" means the restriction of a student's actions or movements by holding the student or using pressure or other means.(b) "Restraint" does not include: (A) Holding a student's hand or arm to escort the student safely and without the use of force from one area to another;(B) Assisting a student to complete a task if the student does not resist the physical contact; or(C) 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:(i) Break up a physical fight;(ii) 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(iii) Effectively protect oneself or another from an assault, injury or sexual contact with the minimum physical contact necessary for protection.(3)(a) "Seclusion" means the involuntary confinement of a student alone in a room from which the student is physically prevented from leaving.(b) "Seclusion" does not include the removal of a student for a short period of time to provide the student with an opportunity to regain self-control if the student is in a setting from which the student is not physically prevented from leaving.(4) "Serious bodily injury" means any significant impairment of the physical condition of a person, as determined by qualified medical personnel, whether self-inflicted or inflicted by someone else.Amended by 2019 Ch. 267, § 1, eff. 7/1/2019.