Section 339.296 - Determination that public education program is responsible for abuse(1) As used in this section: (a) "Behavior intervention plan" has the meaning given that term in ORS 343.154.(b) "504 Plan" means an education plan developed for a student in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794.(c) "Individualized education program" has the meaning given that term in ORS 343.035.(2) When the Department of Human Services conducts an investigation under ORS 419B.019 of a report of suspected abuse of a student in a public education program and the department finds that the report of abuse is founded, the department shall determine that the public education program is responsible for the abuse if: (a) The abuse involved the use of restraint or seclusion and the public education program failed to ensure that a sufficient number of personnel, appropriately trained in the use of restraint and seclusion, were available to comply with the individualized education programs, 504 Plans and behavior intervention plans of the students who were present in the setting where the abuse occurred at the time the abuse occurred;(b)(A) The abuse involved the use of restraint, seclusion or neglect and the public education program failed to provide the personnel involved with the restraint, seclusion or neglect with access to the student's individualized education program, 504 Plan or behavior intervention program or failed to provide the personnel with adequate training to appropriately perform health-related or personal care tasks; and(B) The personnel were not aware of, and failed to provide the services and supports in the manner required by, the student's individualized education program, 504 Plan or behavior plan;(c) The abuse involved the use of restraint or seclusion, a superior ordered personnel to impose the restraint or seclusion, and the personnel who imposed the restraint or seclusion reasonably believed that failure to comply with the order would result in termination or discipline; or(d)(A) The abuse involved the use of restraint or seclusion and the public education program failed to ensure that the personnel who imposed the restraint or seclusion were appropriately trained in the use of restraint and seclusion;(B) The personnel who imposed the restraint or seclusion reasonably believed that failure to impose the restraint or seclusion would lead to serious bodily injury of the student or others; and(C) If the personnel imposed a restraint, it was not a type of restraint prohibited under ORS 339.288.Added by 2023 Ch. 581, § 2