Oregon Department of Education
Chapter 581
Division 21
SCHOOL GOVERNANCE AND STUDENT CONDUCT
581-021-0045
Discrimination Prohibited
(1) For purposes of this rule and OAR 581-021-0046:
(a) “Disability” includes a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment.
(b) “Discrimination” means any act that that unreasonably differentiates treatment, intended or unintended, or any act that is fair in form but discriminatory in operation, either of which is based on age, disability, national origin, race, color, marital status, religion, sex, sexual orientation, or gender identity;
(c) “District” means:
(A) A school district, an education service district, a public charter school, a Youth Corrections Education Program provider under contract with the department, a Juvenile Detention Education Program provider under contract with the department, or a program that receives moneys pursuant to ORS 343.243; and
(B) Any educational agency, program, or service under the jurisdiction of an entity described in subparagraph (A) of this paragraph.
(d) “National origin” includes:
(A) An individual’s or individual’s parent’s or guardian’s actual or perceived place of origin;
(B) Latinx/a/o/e and other protected class ethnicities, including Afro-Latinx/a/o as defined in OAR 581-017-0693, Central American as defined in OAR 581-017-0693, Indigenous as defined in OAR 581-017-0693, and South American as defined in OAR 581-017-0693;
(C) An individual’s actual or perceived religious or cultural ancestry that the individual associates with their personal identity;
(D) Physical characteristics that are historically associated with a place of origin, protected class ethnicity, or religious or cultural ancestry, including but not limited to individuals who identify as Syrian, Muslim, Middle Eastern, Arab, Sikh, and Jewish; and
(E) ) An individual whose first spoken language is not English or who is not proficient in speaking English, or who is under the custody of a parent or guardian whose first spoken language is not English or who is not proficient in speaking English.
(e) “Gender identity” means an individual’s gender-related identity, appearance, expression or behavior, regardless of whether the identity, appearance, expression or behavior differs from that associated with the gender assigned to the individual at birth.
(f) “Protective hairstyle” means a hairstyle, hair color, or manner of wearing hair that includes, but is not limited to, locs, twists, and braids, regardless of whether the braids are created with extensions or styled with adornments.
(g) “Public Charter School” means an elementary or secondary charter school offering a comprehensive instructional program operating under a written agreement entered into between a sponsor and an applicant pursuant to ORS chapter 338.
(h) “Race” includes:
(A) Black, African American, American Indian, Alaska Native, Asian, Native Hawaiian, Pacific Islander, other protected races, and multiracial individuals; and
(B) Physical characteristics that are historically associated with race, including but not limited to any natural hair, hair texture, hair type, or protective hairstyle associated with race.
(i) “Sex” includes male (M), female (F), and non-binary (X).
(j) “Sexual orientation” means an individual’s actual or perceived heterosexuality, homosexuality, or bisexuality.
(k) “Sponsor” means:
(A) The board of the common school district or the union high school district in which the public charter school is located that has developed a written charter to create a public charter school.
(B) The State Board of Education pursuant to ORS 338.075.
(2) A person in Oregon may not be subjected to discrimination in any public elementary or secondary school, educational program or service, or interschool activity where the program, service, school, or activity is financed in whole or part by monies appropriated by the Legislative Assembly.
(3) In providing programs or services to students, a district may not, on a discriminatory basis as defined in subsection (1)(a) of this rule:
(a) Treat one person differently from another in determining whether such person satisfies any requirement of condition for the provision of such aid, benefit, or service;
(b) Provide different aid, benefits, or services; or provide aids, benefits, or services in a different manner;
(c) Deny any person such aid, benefit, or service;
(d) Subject any person to separate or different rules of behavior, sanctions, or other treatment;
(e) Aid or perpetuate discrimination by joining or remaining a member of any agency or organization which discriminates in providing any aid, benefit, or service to students or employees;
(f) Otherwise limit any person in the enjoyment of any right, privilege, advantage, or opportunity.
(4)(a) A district must issue notice of nondiscrimination for the purpose of notifying students, staff, and third parties that the district does not discriminate on the basis of age, disability, national origin, race, color, marital status, religion, sex, sexual orientation, and gender identity.
(b) Notice of nondiscrimination as required by this subsection must:
(A) Be continuously available on the district website, accessible either by a direct link on the front page of the website or by a direct link on the footer of every page of the website.
(B) Be posted in multiple locations, including but not limited to public-facing documents such as staff and student handbooks, annual publications, official school board documents, bulletins, graduation announcements, catalogs, recruitment materials, and school related applications.
(C) Be made available in the languages of the communities served by the district.
(D) Be disseminated annually to staff, students, and families of students as an individual notice that is accessible and written in plain language.
(E) Contain:
(i) A statement of non-discrimination that specifies the basis for non-discrimination being age, disability, national origin, race, color, marital status, religion, sex, sexual orientation, and gender identity;
(ii) The contact information of staff designated to respond to questions of discrimination, including their name or title, address, email address, and telephone number; and
(iii) A link to or the web address for the district’s discrimination complaint process and procedures.
(5) This rule does not affect attendance boundaries, limit placement of students in programs of desegregation, nor supersede any specific statutory requirement for any educational program.
Statutory/Other Authority: ORS 326 & 659.855
Statutes/Other Implemented: ORS 326.051 & 659.850
History:
ODE 8-2023, amend filed 03/29/2023, effective 03/29/2023
ODE 39-2021, amend filed 12/29/2021, effective 12/29/2021
ODE 11-2019, amend filed 03/25/2019, effective 03/25/2019
ODE 13-2008, f. & cert. ef. 5-23-08
1EB 11-1984, f. & ef. 4-17-84
1EB 252, f. & ef. 9-30-76