Current through Vol. 42, No. 1, September 16, 2024
(a)
Purpose. It shall be the
policy of the Oklahoma State Board of Education to prohibit discrimination on
the basis of race or sex in the form of bias, stereotyping, scapegoating,
classification, or the categorical assignment of traits, morals, values, or
characteristics based solely on race or sex. Public schools in this state shall
be prohibited from engaging in race or sex-based discriminatory acts by
utilizing these methods, which result in treating individuals differently on
the basis of race or sex or the creation of a hostile environment.
(b)
General.
(1)
Definitions.
(A)
"Public School" means the
board of education of a school district, charter school, virtual charter school
or otherwise accredited school, as defined and provided for in 70 O.S. §
1-108, 70 O.S. § 3-132, 70 O.S. § 3-145.3 and 70 O.S. § 3-104,
respectively.
(B)
"Course" means any program or activity where instruction or
activities tied to the instruction are provided by or within a Public School,
including courses, programs, instructional activities, lessons, training
sessions, seminars, professional development, lectures, coaching, tutoring, or
any classes.
(C)
"Teacher" means the same as it is defined in 70 O.S. §
1-116.
(2)
Applicability. This rule shall apply to all Public Schools in this
state and any Teacher, administrator or other employee of a Public
School.
(3)
Nondiscrimination. Nothing in this rule shall be intended to
prohibit a Public School from employing lawful methods to address
discrimination consistent with the requirements of the Equal Protection Clause
of the Fourteenth Amendment, Title VI of the Civil Rights Act of 1964 ("Title
VI"), Title IX of the Education Amendments of 1972 ("Title IX"), and 70 O.S.
§ 24-157(B). Further, nothing in this rule shall interfere with mandated
activities required of a Public School pursuant to a court order of
desegregation.
(4)
Severability. If any specific provision of this rule or its
application to any person or Public School is held invalid, the remainder of
the rule or the application of its provisions to any Public School, person,
practice or entity shall not be affected.
(5)
Instruction. Nothing in this
rule shall be construed to prevent the teaching of history, social studies,
English language arts, biology or any other subject matter area consistent with
the Oklahoma Academic Standards as adopted and approved by the State Board of
Education and approved by the Oklahoma Legislature.
(6)
Title IX of the Education
Amendments of 1972. Nothing in this rule shall be interpreted to
prohibit the lawful consideration of sex, as authorized by Title IX, which
permits distinctions and/or classifications based on sex in specific
circumstances. This includes but is not limited to the provision of single-sex
programs, the establishment of separate sex facilities (bathrooms and locker
rooms) or sex-specific athletic teams, consistent with the requirements of
Title IX and its implementing regulations at 34 C.F.R. Part 106 .
(c)
General
Prohibition. No teacher, administrator or other school employee shall
require or make part of any Course offered in a Public School the following
discriminatory principles:
(1) One race or
sex is inherently superior to another race or sex,
(2) An individual, by virtue of his or her
race or sex, is inherently racist, sexist or oppressive, whether consciously or
unconsciously,
(3) An individual
should be discriminated against or receive adverse treatment solely or partly
because of his or her race or sex,
(4) Members of one race or sex cannot and
should not attempt to treat others without respect to race or sex,
(5) An individual's moral character is
necessarily determined by his or her race or sex,
(6) An individual, by virtue of his or her
race or sex, bears responsibility for actions committed in the past by other
members of the same race or sex,
(7) Any individual should feel discomfort,
guilt, anguish or any other form of psychological distress on account of his or
her race or sex, or
(8) Meritocracy
or traits such as a hard work ethic are racist or sexist or were created by
members of a particular race to oppress members of another race.
(d)
Specific Prohibitions
Ensuring Compliance. To ensure compliance with 70 O.S. § 24-157(B)
and to not discriminate on the basis of race or sex, the following requirements
shall apply to all aspects of Public School Course(s) or activities, and to any
Public School, Teacher, administrator, other employee, or other individual,
group or representative of a Public School:
(1) Public Schools in this state shall be
prohibited from providing, contracting to provide, offering or sponsoring any
Course(s), as defined in subsection (b)(1)(B), that includes, incorporates, or
is based on discriminatory practices identified in section (c).
(2) Public Schools in this state shall be
prohibited from using any public or private monies, property, or any other
assets or resources to engage in race or sex-based discrimination, including
discriminatory practices identified in section (c).
(3) Public Schools in this state shall be
prohibited from adopting programs or utilizing textbooks, instructional
materials, curriculum, classroom assignments, orientation, interventions, or
counseling that include, incorporate or are based on the discriminatory
concepts identified in subsection (c).
(4) Public Schools in this state shall be
prohibited from executing contracts or agreements with internal or external
entities, persons, companies or businesses to provide services, training,
professional development, or any other assistance that includes, incorporates
or is based on discriminatory practices identified in section (c). Within sixty
(60) days of the approval of this rule, existing contracts or agreements
executed by Public Schools that conflict with this requirement shall be amended
to come into compliance with this section. Contracts or agreements executed
solely to provide services prohibited by 70 O.S. § 24-157(B) or sections
(c) or (d) of this rule shall be cancelled or terminated, consistent with the
terms of the contract and applicable law.
(5) Public Schools in this state shall be
prohibited from receiving or applying to receive any monies including state,
federal or private funds, that require, as a condition of receipt, the adoption
of a Course(s), policies, curriculum, or any other instructional material that
includes, incorporates or is based on discriminatory practices identified in
subsection (c).
(6) Public Schools
in this state shall be prohibited from adopting diversity, equity, or inclusion
plans that incorporate the concepts identified in subsection (c). Diversity
officers in Public Schools shall be prohibited from providing any service or
performing duties that include, incorporate, or are based on discriminatory
practices identified in subsection (c).
(7) Public Schools shall be prohibited from
mandating diversity training that includes, incorporates or is based on
discriminatory practices identified in subsection (c). This includes providing
such training to employees, contractors, staff members, parents, students, or
any other individual or group.
(8)
Public Schools in this state shall be prohibited from adopting policies,
including grading or admissions policies, or providing any other benefit or
service that applies to students or any school employee differently on the
basis of race or sex, unless specifically permitted by Title IX. (See (b)(6)).
This prohibition includes segregated classes, programs, training sessions,
extracurricular activities, or affinity groups unless otherwise permitted by
Title IX. (See (b)(6)).
(9) Public
Schools in this state shall be prohibited from requiring students to complete
surveys, or using the results from surveys, to teach discriminatory concepts
identified in subsection (c).
(10)
Public Schools in this state shall be prohibited from joining any group or
association that require, as a condition of membership, Teachers,
administrators or other employees of a school district, charter school or
virtual charter school to teach, provide instruction, or offer any Course that
includes, incorporates, or is based on discriminatory practices identified in
subsection (c) and violate state law.
(e)
Parents Rights. Parents and
legal guardians of students enrolled in Public Schools in this state shall have
the right to inspect curriculum, all instructional materials used by a Public
School as a part of the educational curriculum, classroom assignments, and
lesson plans to ensure compliance with 70 O.S. § 24-157(B). Consistent
with 25 O.S. § 2002, no Public School shall interfere with or infringe
upon the fundamental rights of parents to determine their child's
education.
(f)
State
Department of Education and State Board of Education. To ensure the
compliance with the requirements of 70 O.S. § 24-157(B), as a part of any
Course, the following requirements shall apply to the State Board of Education
and the State Department of Education, respectively:
(1) The State Board of Education shall be
prohibited from mandating state standards or promulgating any rule that is
based on, includes or incorporates discriminatory concepts of race or sex-based
discrimination, including concepts identified in section (c).
(2) The State Department of Education shall
be prohibited from providing resources, instructional support, Courses,
training, seminars, professional development, or any other class to Public
Schools that is based on, includes or incorporates discriminatory concepts
identified in section (c). This prohibition includes executing contracts or
agreements with external entities, persons, companies or businesses to provide
services, training, professional development, or any other assistance that
includes, incorporates or is based on discriminatory practices identified in
section (c) to Public Schools under the supervision of the Oklahoma State Board
of Education and State Department of Education.
(3) The State Department of Education shall
be prohibited from receiving or applying to receive any federal, state or
private monies that require, as a condition of receipt, the adoption of
programs, policies, curriculum, or any other instructional material that
includes, incorporates or is based on discriminatory practices identified in
subsection (c).
(g)
Public School Policies and Investigations. To ensure compliance,
Public Schools shall be required to adopt policies and procedures, including
incorporating into employee and student handbooks, the requirements of 70 O.S.
§ 24-157(B) and this rule. A Public School's policy developed pursuant to
this section must specifically notify individuals of the right to file
complaints under subsections (g) of this rule. Public Schools shall ensure that
the parent or legal guardian of all students enrolled in the school are
annually notified of the non-discrimination requirements in 70 O.S. §
24-157(B) and this rule.
(1) Public schools
shall be required to develop a process for students, parents, teachers, school
staff, and members of the public to file a complaint alleging a violation of
the provisions of 70 O.S. § 24-157(B) or this rule. In order for a
complaint to be accepted for investigation, it must:
(A) Be submitted in writing, signed and dated
by the complainant, including complaints submitted through electronic mail that
include electronic signatures;
(B)
Identify the dates the alleged discriminatory act occurred;
(C) Explain the alleged violation and/or
discriminatory conduct and how 70 O.S. § 24-157 or the provisions of this
rule have been violated;
(D)
Include relevant information that would enable a Public School to investigate
the alleged violation; and
(E)
Identify witnesses the Public School may interview, if applicable, provided the
Public School will not dismiss a complaint for failure to identify
witnesses.
(2) Public
Schools shall be required to designate at least one employee to receive reports
of violations filed by students, parents, teachers, school staff, or members of
the public. Public Schools shall identify the employee(s) responsible for
receiving complaints in policies and materials published pursuant to section
(g).
(A) The contact information of
employee(s) responsible for receiving complaints, including telephone and
e-mail, shall be included in the policies and materials adopted pursuant to
section (g) and shall be made publicly available on the Public School's
website.
(B) The employee(s)
responsible for receiving complaints pursuant to this section shall notify the
complainant that the complaint has been received and whether it will be
investigated within ten (10) days of receipt.
(C) Public Schools shall ensure that
employees(s) responsible for receiving and investigating complaints under this
subsection are unbiased and free of any conflicts of interest.
(3) Public Schools shall be
required to investigate all complaints that meet the requirements of subsection
(g)(1) and make a determination as to whether a violation occurred. A Public
School must conclude the investigation of a complaint filed pursuant to
subsection (g)(1) within forty-five (45) days of receipt of the complaint.
(A) A complainant shall be notified in
writing of a final determination, including the Public School's findings of
whether a violation occurred, within the forty-five (45) days of receipt of the
complaint.
(B) It is permissible
for a Public School to receive, process, and investigate complaints filed under
this subsection in the same manner in which the Public School processes and
investigates all other complaints of discrimination, provided the Public School
notifies a complainant pursuant to subsection (g)(2)(B), reaches a final
determination in the investigation within forty-five (45) days of receipt of
the complaint pursuant to subsection (g)(3) of this rule and complies with
(g)(3)(A).
(4) A
complainant may file a complaint alleging a violation of 70 O.S. § 24-157
or this rule directly with a Public School pursuant to subsection (g)(1) of
this rule or may file a complaint directly with the State Department of
Education pursuant to subsection (h)(2) of this rule provided:
(A) A complainant may not file complaints
simultaneously with a Public School and the State Department of Education;
(B) The State Department of
Education may not require a complainant to first file with a Public School
prior to seeking relief pursuant to (h)(2); and
(C) Any complainant who believes that a
Public School has incorrectly refused to investigate a complaint or has
evidence that a Public School has reached an incorrect determination may
subsequently file a complaint with the State Department of Education pursuant
to subsection (h)(2) of this rule.
(h)
Accreditation. Consistent
with State Board of Education's authority under 70 O.S. § 3-104.4 (I)(5),
Public Schools in this state shall be evaluated annually to ensure compliance
with 70 O.S. § 24-157(B) and the requirements of this rule.
(1)
Public School Application for
Annual Accreditation. Consistent with the provisions and requirements of
OAC
210:35-3-201,
a Public School's failure to comply with 70 O.S. § 24-157(B) or any
requirement in this rule shall, at a minimum, result in the accreditation
status of the Public School being classified "Accredited With Deficiency." The
Public School shall have one school year to correct deficiencies.
(A) A Public School that fails to correct
deficiencies after being classified as "Accredited With Deficiency" for
violations of 70 O.S. § 24-157(B) or any requirement in this rule shall be
classified, at a minimum, "Accredited With Probation" in the second year of
noncompliance for "deliberately and unnecessarily violating one or more
regulations." (See OAC 210: 35-3-201(b)(4)(C)) . The Public School shall have
one school year to correct deficiencies.
(B) A Public School that fails to correct
deficiencies after being classified as "Accredited With Probation" for
violations of 70 O.S. § 24-157(B) or any requirement in this rule shall be
classified "Nonaccredited" in the third year of noncompliance consistent with
Oklahoma statutes and the State Board of Education's administrative rules,
processes and procedures. (See OAC
210:35-3-201)
.
(2)
State
Department of Education Investigation and Immediate Action. Consistent
with the requirements of 70 O.S. § 3-104.4, the Department shall
investigate any complaint of any failure to comply with accreditation
standards, including compliance with 70 O.S. § 24-157(B) or any
requirement in this rule, within thirty (30) days. If the Department determines
that a Public School has failed to comply with the accreditation standards,
including this rule, the Department shall report the information to the State
Board for further action, and within ninety (90) days, as required by 70 O.S.
§ 3-104.4.
(A) Complaints of alleged
violations of 70 O.S. § 24-157(B) or any requirement in this rule shall be
filed with the Accreditation Division of the State Department of Education. In
order for a complaint to be accepted for investigation, it must
(i) Be submitted in writing, signed, and
dated by the complainant, including complaints submitted through electronic
mail that include electronic signatures;
(ii) Identify dates that alleged
discriminatory act occurred;
(iii)
Explain the alleged violation and/or discriminatory conduct and how 70 O.S.
§ 24-157 of the provisions of this rule have been violated;
(iv) Include relevant information that would
enable a Public School to investigate the alleged violation; and
(v) Identify witnesses the Public School may
interview, if applicable, provided the Public School will not dismiss a
complaint for failure to identify witnesses.
(B) The State Department of Education shall
post information on its website that provides instructions to students,
parents, teachers, or other school employees on how to file a complaint
pursuant to this subsection.
(3) Information obtained by the Accreditation
Division under subsection (h), including violations of accreditation standards,
shall be shared with the State Department of Education's Office of General
Counsel and the State Board of Education's attorney for appropriate action or
proceedings under subsection (j) of this rule. Findings of Teacher misconduct
shall be reported to the Office of General Counsel for appropriate action or
proceedings under subsection (j) of this rule.
(i)
Public Reporting. Public
School employee(s) designated pursuant to subsection (g)(2) shall be required
to report for each complaint filed pursuant to subsection (g)(1) to the State
Department of Education within ten (10) days of resolution of the complaint.
(1) The State Department of Education shall
report monthly to the State Board of Education on complaints reported and filed
pursuant to subsections (g)(2) and (h)(2), unless no complaints have been
reported or filed or unless otherwise directed by the Board, including:
(A) The number of complaints filed with
Public Schools;
(B) The number of
complaints filed with Public Schools that were dismissed or not
investigated;
(C) The number of
complaints filed with Public Schools that were opened for
investigation;
(D) The number of
cases filed with Public Schools where, following a full investigation, the
Public School determined that a violation occurred;
(E) The number of cases filed with Public
Schools where, following a full investigation, the Public School determined no
violation occurred;
(F) The number
of cases filed with the Accreditation Division of the State Department of
Education;
(G) The number of
complaints filed with the Accreditation Division of the State Department of
Education that were dismissed or not investigated;
(H) The number of complaints filed with the
Accreditation Division of the State Department of Education that were opened
for investigation;
(I) The number
of cases filed with the Accreditation Division of the State Department of
Education where, following a full investigation, the Department has determined
that a violation occurred; and
(J)
The number of cases filed with the Accreditation Division of the State
Department of Education where, following a full investigation, the Department
determined no violation occurred.
(2) Any Public School employee(s) who fails
to timely file reports with the State Board of Education, as required by this
subsection may be subject to proceedings pursuant to (j) of this
rule.
(j)
Suspension or Revocation. Consistent with OAC
210:1-5-6
and subsection (b)(1)(C), the provisions of this rule shall apply to
superintendents of schools, principals, supervisors, librarians, school nurses,
classroom teachers or other personnel performing instructional, administrative
and supervisory services in the Public Schools.
(1)
Suspension. As a part of its
investigation of a legally sufficient complaint filed pursuant to subsection
(g), the State Department of Education shall make a determination of whether to
initiate proceedings to suspend the license or certificate of any school
employee who is found to have violated 70 O.S. § 24-157(B) or any
provision of this rule, consistent with the State Board's processes and
procedures for suspension of certificates.
(2)
Grounds for Revocation.
Consistent with OAC
210:1-5-6,
subsection (b), the State Board of Education shall initiate proceedings to
revoke the license or certificate of any school employee for "willful
violation" of 70 O.S. § 24-157(B) or any requirement in this rule. (See
OAC 210: 1-5-6(b)(1) - (b)(2)). The requirements and processes outlined in OAC
210:1-5-6,
including the rights afforded to certificate holders, shall apply to all
revocation proceedings.
(k)
Retaliation. No individual
shall be retaliated against for:
1) filing a
complaint pursuant to subsections (g)(1) or (h)(2) of this rule;
2) exercising any right or privilege
conferred by or referenced within this rule; or
3) exercising any right or privilege secured
by a law referenced in this rule. Public Schools shall be prohibited from
retaliating against any student, parent, Public School employee or any other
individual for filing a complaint of exercising any right conferred by or
referenced in this rule.
(1) Any school
employee who retaliates against a complainant shall be subject to disciplinary
action pursuant to subsection (j) of this rule.
(2) The State Department of Education shall
be authorized to investigate complaints or retaliation filed under subsection
(h)(2) of this rule.
(l)
Whistleblower Protection.
Any Teacher who files a complaint pursuant to subsection (g)(1) or (h)(2) of
this rule or otherwise discloses information the Teacher reasonably believes
evidences a violation of 70 O.S. § 24-157(B) or this rule shall be
entitled to the Whistleblower Protections in applicable laws, including those
at 70 O.S. § 6-101.6b.
(m)
False Reporting. Any Teacher or other school employee who,
willfully, knowingly and without probable cause makes a false report pursuant
to subsection (g)(1) or (h)(2) of this rule may be subject to proceedings
pursuant to subsection (j) of this rule.
(n)
Complaints by School Staff.
Any school employee who is discriminated against by a Public School in the form
of race or sex based harassment, bias, stereotyping, scapegoating,
classification, or the categorical assignment of traits, morals, values, or
characteristics based solely on race or sex in violation 70 O.S. §
24-157(B), may file an employment discrimination complaint with the Oklahoma
Attorney General's Office of Civil Rights Enforcement pursuant to 25 O.S.
§ 1101, et seq.
(o)
Relief. Title VI and Title
IX may be enforced by private right of action, whereby aggrieved parties may
seek relief, including monetary damages, for violations of federal
antidiscrimination laws. Victims of discrimination may file a lawsuit directly
against the Public School. In addition to any private rights of action,
aggrieved parties may seek applicable remedies through the U.S. Department of
Education's Office for Civil Rights or the U.S. Department of Justice's Civil
Rights Division.
