OR HB3485

Modifies standards for when the Department of Human Services may substantiate child abuse allegations against school personnel who use restraint or seclusion on students

Untrained personnel cannot be found to have committed abuse if they did not act with intent to harm the student (changed from previous "reckless disregard for student safety" standard)

Trained personnel cannot be found to have committed abuse if their use of restraint or seclusion constituted only a minor deviation from requirements under ORS 339.285 to 339.303 and 339.308

Restraint or seclusion must not impose a significant risk of impeding the student's breathing to qualify for protection from abuse substantiation

Requires public education programs to take appropriate employment action against personnel found to have inappropriately used restraint or seclusion, consistent with collective bargaining agreements and considering the totality of circumstances including training received