Oregon Administrative Rules
Chapter 581 - OREGON DEPARTMENT OF EDUCATION
Division 22 - STANDARDS FOR PUBLIC ELEMENTARY AND SECONDARY SCHOOLS
Section 581-022-2308 - Agreements Entered Into with Voluntary Organizations
Universal Citation: OR Admin Rules 581-022-2308
Current through Register Vol. 63, No. 9, September 1, 2024
(1) For purposes of this rule:
(a) "Discrimination" means any act 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;
(b) "District" means:
(A) A school district, an education service
district, 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 contract or the jurisdiction of an entity described in
subparagraph (A) of this paragraph.
(c) "National origin" includes:
(A) An individual's or individual's parent's
or guardian's place of origin;
(B)
Latinx and other protected class ethnicities;
(C) An individual's 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.
(d) "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.
(e) "Race" includes:
(A) Black, African American, American Indian,
Alaska Native, Asian, Native Hawaiian, Pacific Islander, other protected class
races, and multiracial individuals; and
(B) Physical characteristics that are
historically associated with race, that includes, but is not limited to, any
natural hair, hair texture, hair type, or protective hairstyle associated with
race.
(f) "Sexual
orientation" means an individual's actual or perceived heterosexuality,
homosexuality, or bisexuality.
(g)
"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.
(2) A district shall adopt, and adhere to, a policy under which it may be a member of and pay fees, if any, to a voluntary organization that administers interscholastic activities or that facilitates the scheduling and programming of interscholastic activities only if the organization:
(a) Implements and adheres to
equity focused policies that:
(A) Address the
use of derogatory or inappropriate names, insults, verbal assaults, profanity,
or ridicule that occurs at an interscholastic activity, including by spectators
of the interscholastic activity;
(B) Prohibit discrimination;
(C) Permit a student to wear religious
clothing in accordance with the student's sincerely held religious belief and
consistent with any safety and health requirements; and
(D) Balance the health, safety, and
reasonable accommodation needs of participants on an activity-by-activity
basis;
(b) Maintains a
transparent complaint process that:
(A) Has a
reporting system to allow participants of interscholastic activities or members
of the public to make complaints about student, coach, or spectator
behavior;
(B) Responds to a
complaint made under subparagraph (b)(A) of this paragraph within 48 hours of
the complaint being received; and
(C) Resolves a complaint received under
subparagraph (b) of this paragraph within 30 days of the complaint being
received unless the organization determines that there is good cause to extend
the timeline for resolving the complaint;
(c) Develops and implements a system of
sanctions against schools, students, coaches, and spectators if a complaint
made under paragraph (b) of this subsection is verified; and
(d) Performs and annual survey of students
and their parents to understand and respond to potential violations of equity
focused policies adopted under this rule or violations of OAR 581-021-0045,
581-021-0046, or 581-021-0047.
(3) Subsection (2)(a)(A) of this rule only applies to school districts and any educational agency, program, or service under contract or the jurisdiction of a school district unless the inappropriate name, insult, verbal assault, profanity, or ridicule is directed toward an individual because of the individual's age, disability, national origin, race, color, marital status, religion, sex, or sexual orientation.
Statutory/Other Authority: ORS 326 & 659.855
Statutes/Other Implemented: ORS 332.075 & 659.850
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