Oregon Administrative Rules
Chapter 581 - OREGON DEPARTMENT OF EDUCATION
Division 22 - STANDARDS FOR PUBLIC ELEMENTARY AND SECONDARY SCHOOLS
Section 581-022-2312 - Every Student Belongs
Universal Citation: OR Admin Rules 581-022-2312
Current through Register Vol. 63, No. 3, March 1, 2024
(1) It is the policy of the State Board of Education that all students, employees, and visitors in public schools are entitled to learn, work, and participate in an environment that is safe and free from discrimination, harassment, and intimidation.
(2) Definitions. For purposes of this rule:
(a)
(A) "Bias Incident" means a person's hostile
expression of animus toward another person, relating to the other person's
perceived race, color, religion, gender identity, sexual orientation,
disability or national origin, of which criminal investigation or prosecution
is impossible or inappropriate.
(B) "Bias Incident" may include derogatory
language or behavior.
(b) "Education program" means any program,
service, school or activity sponsored by an education provider.
(c) "Education Provider" means
(A) A school district;
(B) A public charter school;
(C) The Oregon School for the Deaf;
(D) An education service district;
(E) An educational program under
the Youth Corrections Education Program or the Juvenile Detention Program, as
those terms are defined in ORS 326/695; or
(F) a program that receives money pursuant to
ORS
343.243.
(d) "Symbol of Hate" means nooses,
symbols of neo-Nazi ideology or the battle flag of the Confederacy.
(e) "School property" means any property
under the control of an education provider.
(3)
(a) To
comply with the prohibition on discrimination required by ORS
659.850,
an education provider must prohibit the display of symbols of hate on school
property or in any education program.
(b) The prohibition required or allowed by
this subsection does not apply to displays that align with and are used in
conjunction with state standards of education for public schools.
(4) To comply with the prohibition on discrimination required by ORS 659.850, each education provider must adopt a policy to address bias incidents and displays of symbols of hate. The policy must:
(a) Affirm that all students are entitled to
a high quality educational experience, free from discrimination or harassment
based on perceived race, color, religion, gender identity, sexual orientation,
disability or national origin;
(b)
Affirm that all employees of education providers are entitled to work in an
environment that is free from discrimination or harassment based on perceived
race, color, religion, gender identity, sexual orientation, disability or
national origin;
(c) Affirm that
all visitors of an education provider are entitled to participate in an
environment that is free from discrimination or harassment based on perceived
race, color, religion, gender identity, sexual orientation, disability or
national origin;
(d) Prohibit the
display of symbols of hate on school property or in an education program;
and
(e) Establishes procedures for
addressing bias incidents and displays of symbols of hate. The procedures must:
(A) Apply broadly to include persons directly
targeted by an act, as well as the community of students as a whole who are
likely to be impacted by the act.
(B) Require the education provider to
prioritize the safety and well-being of all persons impacted by the
act.
(C) Require the education
provider to recognize the experience of all persons impacted by the act,
acknowledge the impact, commit to taking immediate action and prevent further
harm against those persons impacted.
(D) Include educational components that:
(i) Address the history and impact of
hate;
(ii) Advance the safety and
healing of those impacted by bias and hate; and
(iii) Promote accountability and
transformation for people who cause harm as well as transformation of the
conditions that perpetuated the harm.
(E) Include communication protocols that
provide all persons impacted by the act with information relating to the
investigation and outcome of the investigation
(i) The information provided to the persons
directly targeted by an act and the person who committed the act must include
notice that an investigation has been initiated, notice when an investigation
has been completed, findings of the investigation and the final determination
based on those findings, actions taken to remedy a person's behavior and
prevent reoccurrence, and, when applicable, the legal citation to any law
prohibiting the disclosure of any of the information described in this
subparagraph and an explanation of how that law applies to the current
situation.
(ii) The information
provided to the community of students as a whole who are likely to be impacted
by the act must include notice that an investigation has been initiated and
actions taken to prevent reoccurrence.
(F) Direct the education provider to consider
whether the act implicates other civil rights laws and, if so, to respond
accordingly. The nature of the conduct must determine:
(i) The process used to respond to the
act;
(ii) The rights and
protections available to the person impacted by the act; and
(iii) The right to appeal to the Oregon
Department of Education or the United States Department of Education.
(G) Require the education provider
to develop and implement instructional materials to make this policy and
related practices, including reporting procedures, educational processes and
possible consequences, known to all school employees and students of the
education provider.
Statutory/Other Authority: ORS 326.051 & ORS 659.850
Statutes/Other Implemented: ORS 659.850
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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