Equity & Inclusion

Oregon Laws

Oregon Discrimination Law - Age, Color, Disability, Gender Identity, Marital Status, National Origin, Race, Religion, Sex, and Sexual Orientation

ORS 659.850 and OAR 581-021-0045 to OAR 581-021-0046 - Discrimination Prohibited 

• “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.” - OAR 581-021-0045(2) 
• “‘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;” - OAR 581-021-0045(1)(b)
• Discrimination includes treatment by the district (or an employee of the district) and harassment (including peer-to-peer harassment) of which the district is made aware.
• “Districts are required to have complaint processes in place to address discrimination. Any person may submit a complaint of discrimination to the district.” - OAR 581-022-2730(1)(c) 

Overlapping Oregon Laws that Further Define Discrimination 

The CROWN Act 

• The CROWN act prohibits discrimination based on protective hairstyles. Protective hairstyles are defined as “hair color or manner of wearing hair that includes, but is not limited to, braids, regardless of whether the braids are created with extensions or styled with adornments, locs, and twists.” The law also expands the definition of “race” under ORS 659A to include “physical characteristics that are historically associated with race, including but not limited to natural hair, hair texture, hair type, and protective hairstyles.” 
• See OAR 581-021-0045 for associated definitions 

Senate Bill 819 (Abbreviated School Day Rules) 

• “Students with disabilities have a right to meaningful access to the same number of hours of instruction and educational services as the majority of students without disabilities who are in the same grade within the student’s resident school district. Removal from school is neither a service nor support for students with disabilities. Use of an abbreviated school day program for students with disabilities should be infrequent and, under most circumstances, should be used for a limited duration.”

Sexual Harassment (ORS 342.700 - 342.708, OAR 581-021-0038) 

• Sexual harassment is a form of sex discrimination. When any person at the school (student, employee, or third party) experiences sexual harassment, the school has to respond to and investigate the harassment, provide supportive measures for harmed students, and remedy any hostile environment that occurs as a result of the harassment.

Federal Laws

All of the federal laws listed below apply to any education program that receives federal funding, and to all parts of that education program (which includes curricular programs, extracurricular activities, field trips, athletics, etc.) 

OCR’s Supporting Educational Environments Free From Discrimination resource has additional resources for specific areas of education that each law applies to. 

Title VI 

• “No person in the United States shall, on the ground of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program which receives Federal financial assistance.” -34 CFR 100.3(a) 

Title IX - Sex, Sexual Orientation, and Gender Identity 

• “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” -20 U.S.C. 1681, implementing regulations at 34 CFR Part 106
  • In 2021, OCR issued a notice of interpretation stating that “sex discrimination” would be interpreted to also include sexual orientation and gender identity.  

Section 504 of the Rehabilitation Act of 1973 

• No qualified person with a disability shall, on the basis of disability, “be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives Federal financial assistance.” -34 CFR 104.4(a)
• Person with a disability means any person who:
  • “(i) has a physical or mental impairment which substantially limits one or more major life activities, (ii) has a record of such an impairment, or (iii) is regarded as having such an impairment.” -34 CFR 104.3(j)
• Districts shall provide a free appropriate public education to each student with a disability. 34 CFR 104.33(a)