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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 3485
Sponsored by Representative DIEHL
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced.The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act changes when DHS can find that a person’s restraint or seclusion of a student
amounts to child abuse.(Flesch Readability Score: 68.0).
Modifies when the Department of Human Services may substantiate an allegation of child abuse
arising from the restraint or seclusion of a student.
A BILL FOR AN ACT
Relating to abuse of students; amending section 8, chapter 581, Oregon Laws 2023.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Section 8, chapter 581, Oregon Laws 2023, is amended to read:
Sec. 8. (1) Notwithstanding ORS 419B.005 (1)(a)(K), at the conclusion of an investigation under
ORS 419B.020, the Department of Human Services may not substantiate an allegation of abuse
against personnel of a public education program [who have not been trained to the standard estab-
lished in ORS 339.300 but] who impose [a] restraint or seclusion on a student if:
[(a) The restraint is imposed in response to an imminent risk of serious bodily injury of any per-
son;]
[(b)] (a)(A) The person imposing the restraint or seclusion has not been trained to the
standard established in ORS 339.300 and does not act with [reckless disregard for student safety]
the intent to harm the student; or
(B) The person has been trained to the standard established in ORS 339.300 and the im-
position of the restraint or seclusion constituted only a minor deviation from the require-
ments under ORS 339.285 to 339.303 and 339.308 ; and
[(c)] (b) The restraint or seclusion does not impose a significant risk of impeding the student’s
breathing.
(2)(a) Nothing in this section prohibits the department from finding that the public education
program is responsible under [section 2 of this 2023 Act] ORS 339.296 for abuse arising from the
[untrained] personnel’s inappropriate use of restraint or seclusion.
(b) If the department finds a public education program responsible for abuse arising from
the personnel’s inappropriate use of restraint or seclusion, the public education program
shall take appropriate employment action against the personnel if the public education pro-
gram determines that the personnel’s actions violated an employment policy. The public ed-
ucation program shall determine the appropriate employment action, which must be
consistent with any collective bargaining requirements and relevant state and federal laws
and take into consideration the totality of the circumstances, including any training the
personnelreceived.
(3) As used in this section, “public education program,”[and] “restraint” and “seclusion” have
NOTE:Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 3990 HB3485
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the meanings given those terms in ORS 339.285.
[2]