Rep. Diehl: Protect teachers, students from violence

By Oregon State Representative Ed Diehl,

Protecting Teachers and Students: A Step Towards Better Classroom Management

Oregon classrooms have become dangerous places for teachers and students. I am introducing legislation this year to help alleviate that, and I will share the bill numbers as soon as I have them.  I am asking Oregon teachers to help me get this legislation passed.

News reports have highlighted a noticeable increase in behavioral issues within Oregon classrooms. Teachers across the state have noted a surge in disruptive behavior, verbal outbursts, and instances of physical violence. This environment not only hampers the learning process but also poses significant challenges to teachers’ ability to manage classrooms effectively.

OSHA actually considers Oregon students a “workplace hazard.”  The reasons are many: we are mainstreaming kids that, in the past, would have been placed in more controlled settings.  We also have parents who are not taking accountability for their kid’s behavior in school.  Some of today’s parent’s say things to teachers like “he’s your problem now” – something unheard of when I was attending public school. And Oregon is really lacking in mental health resources for youth – we rank 51^st in the nation for youth behavioral health access and 2^nd highest for youth incarceration.

Recent laws have made it even more difficult for teachers to do the right thing.  Senate Bill 790, passed in 2023, modified the definition of child abuse in a classroom setting to include the use of restraint and seclusion on students.  This bill makes the teacher personally liable if they are not in strict compliance with the restraint and seclusion laws, even if they have not been adequately trained and even if they are trying to do the right thing.  It is completely unforgiving, and assumes the teacher intends to do harm instead of trying to do their best in a difficult situation.  As one teacher told me; “if a student takes a sharp pencil and moves to stab another student with it, the state will accuse me of abuse.  My only recourse is to stand in the way and take the stab myself.”

This new restraint law has created one of the single largest classroom challenges for teachers.  It creates anxiety for teachers for fear of legal action.  It also creates a more disruptive and dangerous classroom environment for students.  Teachers have left the profession because of this law.

Oregon teachers often find themselves in challenging situations where they must intervene physically to maintain safety. My proposal aims to provide them with the necessary framework to act without fear of wrongful accusations.  The legislation makes it clear that restraint or seclusion is acceptable as long as there is no intent to harm the student.  Or, in the case of a teacher who has received training, the teacher has not materially failed to comply with the statutes (meaning more than a minor discrepancy with the statutes.)  The legislation also shifts responsibility from the teacher to the school – this should be dealt with as an employer-employee issue.

This doesn’t fix all our classroom discipline challenges, but it is a step in the right direction. More needs to be done.  If we can gain some traction in the legislature with this simple fix, my hope is we can make more substantive changes to Oregon law in the future to protect teachers and students.

Here’s what we hope to accomplish for our public-school teachers and students:

• Maintain Classroom Discipline: By empowering teachers with clear authority to enforce rules, we can cultivate a learning environment marked by respect and order.
• Enhance Student Safety: Effective discipline strategies are key to minimizing disruptive behaviors, ensuring a safer space for all students.
• Focus on Education: With explicit guidelines and legal protections, teachers can devote their energy to education rather than worrying about litigation.
• Support Mental Health: A calmer classroom reduces stress, positively affecting the mental well-being of both educators and students.

Real-World Examples Highlighting the Urgency:

• In the Salem-Keizer School District, a special education teacher endured severe physical attacks, including bites, punches, and concussions, demonstrating the urgent need for better protection and discipline policies.
• At Fullerton IV Elementary School in Roseburg, a child development specialist was repeatedly assaulted by a 10-year-old studentwhile attempting to manage a classroom situation. This incident underscores the necessity for teachers to have both the authority and the protection to maintain order and safety.