Summary of Seclusion and Restraint Statutes, Regulations, Policies and Guidance, by State and Territory: Information as Reported to the Regional Comprehensive Centers and Gathered from Other Sources (ms word)

Oklahoma

Oklahoma has a tradition of local control in education. Schools, districts and communities believe in their ability to develop and implement local policy to guide and protect the interests of their own students and address the unique and distinct educational needs of their individual communities. Currently, no state education policy specifically addresses seclusion and restraint.

One provision in Title 43A of Oklahoma statute sets standards for practices for children with mental illness. The definition of facilities used in that title includes “schools.”

Plans for further development

OSDE has convened a committee to review the current Policies and Procedures for Special Education in Oklahoma, 2007 (approved by the State Board of Education September 27, 2007) and develop draft guidance that will assist districts in their development and adoption of suitable restraint and seclusion policies at the local level. The draft is currently out for public comment.

Positive Behavior Interventions and Supports (PBIS)

An OSDE Special Education Services State Personnel Development Grant (SPDG) has a goal to improve educational results for children with disabilities through the implementation of Positive Behavior Interventions and Supports (PBIS). Through the SPDG, 60 sites across Oklahoma will receive training in PBIS. Training is provided in collaboration with experts from the National PBIS Center.

During the 2008–09 school year, seven schools began implementation of PBIS in their schools. Twenty new sites will begin implementation during the 2009–10 school year. Each year of the grant, districts will be invited to attend an overview, apply for participation, undergo the selection process, and receive training if selected. Each selected site will receive a subgrant to cover the cost of Schoolwide Information Software (SWIS), a stipend for the personnel responsible for data entry, and further implementation of their PBIS plan.

Documentation

The Policies and Procedures Letter from OSDE State Superintendent Sandy Garrett may be reviewed at http://www.sde.state.ok.us/Curriculum/SpecEd/pdf/Default/Policies_Letter.pdf

The Special Education Parent Handbook may be reviewed at http://www.sde.state.ok.us/Curriculum/SpecEd/pdf/Parent/Handbook.pdf

Oregon

Statewide Restrictions on Restraint or Seclusion	Restraint or Seclusion Restricted to Ensure Immediate Physical Safety of Student or Others	Prone Restraint Banned	Automatic Notice After Restraint or Seclusion	School Staff Training
Yes Regulations and guidelines for both restraint and seclusion. [OAR 581-021-0062(2)]	Yes “As part of a behavior support plan when other less restrictive interventions would not be effective and the student's behavior poses a threat of imminent, serious, physical harm to the student or others.” And, “In an emergency … as necessary to maintain order or to prevent a student from harming him/herself, other students, and school staff or property…” [OAR 581-015-0062(2)(a)(A&B)]	No While prone restraints are not specifically banned, all districts must use approved training programs that include behavior support, prevention, de-escalation, and crisis response techniques. [OAR 581-015-0062(2)(e)]	Parent for both Verbal or written notification of parents or guardians following the use of physical restraint or seclusion by the end of the day the incident occurred. [OAR 581-015-0062(2)(g) ]	Yes Districts must select and identify a training program and only staff who are current in the required training will implement physical restraint or seclusion with a student except in emergency situations. [OAR 581-015-0062(2)(e)&(f)]

The Oregon Department of Education (ODE) has a 39-page technical assistance document to help districts in the implementation of regulations on the use of physical restraint and seclusion in Oregon public schools.

http://www.ode.state.or.us/pubs/sped/tarestraintseclusion.doc

Oregon’s statewide initiative for Positive Behavior Supports is described in the following links: http://www.ode.state.or.us/search/page/?id=553 and http://www.ode.state.or.us/search/page/?id=1389

Oregon’s statutes, regulations, policies, and guidance on seclusion and restraint include the following:

• 
  Definitions of relevant terms such as “seclusion,” “restraint” and “emergency” (OAR 581-021-0062 and Technical Assistance document, pp. 3–6).
  
• 
  Limitations on what seclusion and restraint techniques specifically are limited or not allowed (Technical Assistance document, pp. 3–6).
  
• 
  Specifications of when seclusion and restraint techniques may be used (OAR 581-021-0062 and Technical Assistance document, pp. 4–6, 14).
  
• 
  Guidelines on seclusion and restraint techniques as behavioral interventions, addressing these interventions in the context of behavioral intervention plans (Technical Assistance document, pp. 4, 7–8, 10–14).
  
• 
  Requirements for effective personnel training in the administration of seclusion and restraint of students, including clearly indicating for whom the training is targeted, what type of training, how frequently personnel are trained and the duration of the training (Technical Assistance document, pp. 5, 10–11, 14–17).
  
• 
  Requirements that school boards in Oregon must have established written policies and procedures on the use of physical restraint and seclusion. Districts must identify the training program(s) or system(s) of physical restraints and seclusion selected for use in the district and train appropriate staff (Technical Assistance document, p. 1).
  
• 
  Descriptions of appropriately qualified personnel to administer seclusion and restraint interventions (Technical Assistance document, pp. 5, 10–11, 14–17).
  
• 
  Notifications of parents (including specifying the timeframe for notification) when these interventions do occur (to the extent possible, before they occur) (OAR 581-021-0062 (2)(g) and Technical Assistance document, pp. 5, 7, 8, 11, 21).
  
• 
  Guidelines for providing resources for training of appropriate staff (Technical Assistance document, pp. 15–17).
  
• 
  Monitoring to ensure adherence to State law, regulations, policies and guidance (Technical Assistance document, pp. 5, 12).
  
• 
  Provisions for a mechanism to report any potential abuses (Technical Assistance document, p. 5, requires districts to have a procedure for receiving and investigating complaints regarding restraint and seclusion practices which may be the same as in OAR 581-022-1940).
  

Oregon has a strong evidenced-based approach to behavioral practices that includes a focus on Positive Behavior Supports (PBS). Many Oregon schools are implementing PBS. The PBS Web site has a Bully Prevention Manual that attends to reducing bullying behavior through blending schoolwide PBS and explicit instruction. These resources are available for elementary and middle schools. Materials are located at www.pbis.org. The ODE strongly suggests that districts consider these materials.