|9/10/2013 8:42:00 AM|
|Executive Numbered Memo 002-2013-14 - House Bill 2756 Seclusion Cells|
To: All School District Superintendents and Special Education Directors
From: Sarah Drinkwater, Assistant Superintendent, Office of Learning
Re: House Bill 2756 – Seclusion Cells
House Bill 2756 required public education providers to remove all seclusion cells from the premises of a school prior to September 1, 2013. HB 2756 also prohibits public education providers from purchasing, building or otherwise taking possession of seclusion cells.
Oregon law allows for the seclusion or restraint of a student if deemed necessary to help the student regain self-control and ensure the safety of the student and those around him/her. See Section 1 to 6, chapter 665, Oregon Laws 2011. Seclusion is one of many strategies school staff may employ to help a student regain self-control and a technical assistance manual on restraint and seclusion can be found on the ODE website at: http://www.ode.state.or.us/opportunities/grants/nclb/title_iv/a_drugfree/6_6draft_guidelines12_tarestraintseclusion-no56.pdf .
Seclusion is a practice, not a location, and seclusion can occur anywhere a student, who is out of control or presenting imminent risk of serious bodily injury to self or others, is placed or kept. This could be an empty classroom or other safe space. Seclusion occurs when these two criteria are met: 1) the student is alone or isolated in a room and 2) prevented from leaving and/or has the perception that s/he is prevented from leaving the room.
During the 2013 session, the Oregon Legislature passed House Bill 2756 which prohibits public education programs from purchasing, building, possessing and using “seclusion cells” or “freestanding” units built and used for the seclusion of students. The bill required the immediate dismantling and removal of “seclusion cells” from classrooms by July 1, 2013 and the removal from the school or public education program’s premises by September 1, 2013. The new law does not prohibit the use of seclusion in public education programs to assist with helping a student regain self-control; it simply bans the use of seclusion cells.
Specifically, House Bill 2756 includes the following:
If you have additional questions, you are encouraged to contact Michael Mahoney, Safe & Healthy Schools Coordinator, at firstname.lastname@example.org or (503) 947-5628.
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