ODE 8-2024, Updated Oregon Department of Education Procedures on Reporting Restraint and Seclusion

by | Apr 15, 2024

On December 22, 2023, the Oregon Department of Education submitted an update regarding the procedures for reporting restraint and seclusion. This update received approval from the Department of Education on February 15, 2024, and officially came into effect on February 16, 2024.

Safety-Care is a training program focused on de-escalation and crisis prevention. Safety-Care helps institutions reduce the frequency of crises and the need for restraint and seclusion. Some of our clients have experienced a 30% decrease in restraint and seclusion incidents after two years of implementing Safety-Care. To learn more about Safety-Care click here.

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Summary

This rule modifies the reporting procedures that must be followed after an incident of restraint or seclusion with a student. Parents of the student are to be notified verbally or electronically by the end of the school day on which the incident occurred.  A written report is to be produced within 24 hours that must include the following:

  1. A description of the procedures used.
  2. The date the procedure was applied along with the start and end times for the restraint or seclusion, as well as the location.
  3. A description of the students activity that led to the procedure.
  4. The efforts and alternatives used to de-escalate the situation prior to restraint or seclusion.
  5. A summary of the training staff or personnel administering the restraint or seclusion.
  6. Notification of a debriefing meeting regarding the incident and the parent/guardian’s right to attend.
  7. Immediate written notice of any records of the incident (photo, video, audio, etc.) Immediate is defined as within 24 hours.

Training

If the staff or personnel who administered restraint or seclusion has not received training approved by the Department, the administrator of the school district or program shall notify the parent/guardian, the district superintendent, program administrator of the lack of training and the reason for the restraint or seclusion being administered without training.

Post Incident Debriefing

The debriefing meeting must occur within two (2) school days of the incident.  The personnel involved in the incident and any other appropriate personnel must attend.  The parent/guardian shall be invited to attend this meeting and may request a second meeting if they cannot attend within the two day required timeframe.  Written notes shall be taken in the meeting and must be provided to the parent/guardian.  Any recordings of the incident shall be fully reviewed at the debriefing meeting in their entirety.  These recordings shall also be maintained by the district or program in their original format and cannot be altered in any way.  Records  and recordings of the incident can be provided to the parent/guardian upon request after attempting to segregate or redact any personally identifiable information of other students.  If the segregation/redaction is not possible, the parent/guardian is to receive the full record/recording.

Maintaining Incident Record

If child abuse is suspected, all records can be provided to the Department or designees. If serious injury or death of a student occurs as a result of an incident, the Department of Human Services and the parent/guardian are to be orally notified immediately and written notice shall be provided to DHS within 24 hours.  If serious injury or death of staff or personnel occurs as a result of an incident, written notice must be given to the district superintendent, the Superintendent of Public Instruction, program administrators, and if applicable, the personnel’s union representative.  All records of injury and death must be maintained by the district or program.

Implement De-escalation

Are you interested in implementing crisis prevention and de-escalation training at your school? To find out more about how you can introduce Safety-Care training curriculum in your institution, please fill out the form via the link below.

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About the author

Chancen Flick is the policy analyst for QBS. In this role, he uses his background in policy research to monitor changes at the local and state agency level that have impact on QBS’s clients. In his spare time, you can find him reading, attending his two daughter’s school events, or helping on the family farm in western Oklahoma.

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