Current through Register Vol. 63, No. 9, September 1, 2024
(1) At a minimum, a civil rights coordinator
shall:
(a) Monitor, coordinate, and oversee
district compliance with state and federal laws prohibiting discrimination in
public education, including ensuring the availability of, and providing to
students and staff:
(A) The notice of
nondiscrimination required by OAR
581-021-0045; and
(B) The district's written complaint process
for making reports of discrimination.
(b) Oversee and ensure the resolution of
district investigations of complaints alleging and substantiating
discrimination, including the provision of remedies designed to restore and
perserve equal access to an education program or activity;
(c) Provide guidance to district staff on
civil rights issues in the district;
(d) Respond to questions and concerns about
civil rights in the district;
(e)
Coordinate efforts to prevent civil rights violations from occurring in the
district; and
(f) Satisfy the
training requirements listed in subsections (2) and (3) of this rule.
(2) Upon being first designated
under OAR 581-021-0655, a civil rights
coordinator must receive the following training in accordance with a schedule
established by the Oregon Department of Education:
(a) The meaning of discrimination under state
and federal nondiscrimination law, including ORS
659.850, Title VI of the Civil
Rights Act of 1964, Title IX of Education Amendments of 1972, Section 504 of
the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities
Act of 1990.
(b) The duties of
districts under state and federal nondiscrimination law, including ORS
342.700 to
342.708, ORS
659.850 and
659.855, Title VI of the Civil
Rights Act of 1964, Title IX of Education Amendments of 1972, Section 504 of
the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act
of 1990, those statutes' implementing rules and regulations, and determinations
made by the Oregon Department of Education and the United States Department of
Education's Office for Civil Rights.
(c) The coordinators required by Title IX of
Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973,
Title II of the Americans with Disabilities Act of 1990, and those
coordinators' duties.
(d)
Identifying discrimination and reports of discrimination.
(e) Responding to reports of
discrimination.
(f) Conducting
civil rights investigations, including identifying conflicts of interest, and
using strategies to mitigate conflicts of interest.
(g) Preventing discrimination in public
school programs and activities.
(h)
Identifying retaliation taken in response to reports of discrimination,
responding to reports of such retaliation, and preventing such retaliation in
public school programs and activities.
(i) Tracking and documenting reports of
discrimination.
(3) In
years subsequent to being designated a civil rights coordinator, a civil rights
coordinator must annually receive the following training in accordance with a
schedule established by the Oregon Department of Education:
(a) The meaning of discrimination under state
and federal nondiscrimination law, including ORS
659.850, Title VI of the Civil
Rights Act of 1964, Title IX of Education Amendments of 1972, Section 504 of
the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities
Act of 1990.
(b) The duties of
districts under state and federal nondiscrimination law, including ORS
342.700 to
342.708, ORS
659.850 and
659.855, Title VI of the Civil
Rights Act of 1964, Title IX of Education Amendments of 1972, Section 504 of
the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act
of 1990, those statutes' implementing rules and regulations, and determinations
made by the Oregon Department of Education and the United States Department of
Education's Office for Civil Rights.
(c) The coordinators required by Title IX of
Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973,
and Title II of the Americans with Disabilities Act of 1990, and those
coordinators' duties.
(d) Reporting
discrimination, and responding to reports of discrimination, including through
complaint processes and investigations.
(4) The Oregon Department of Education
annually will provide training for civil rights coordinators. Civil rights
coordinators may take the department's training or may take any other training
that fulfills the requirements of this rule.
Statutory/Other Authority: ORS 326, ORS
327.006, ORS 337.102, ORS
332.505, ORS
338.115 & ORS
659.855
Statutes/Other Implemented: ORS
332.505, ORS
338.115, ORS
326.051 & ORS
659.850
