Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 21 - SCHOOL GOVERNANCE AND STUDENT CONDUCT › Section 581-021-0045 - Discrimination Prohibited

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 purposes of this rule and OAR 581-021-0046:
(a) "Disability" includes a person who has a
			 physical or mental impairment that substantially limits one or more major life
			 activities, a person who has a history or record of such impairment, or a
			 person who is perceived by others as having such an impairment.
(b) "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;
(c) "District" means:
(A) A school district, an education service
			 district, a public charter school, 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 the jurisdiction of an entity described in subparagraph (A) of
			 this paragraph.
(d)
			 "National origin" includes:
(A) An
			 individual's or individual's parent's or guardian's actual or perceived place
			 of origin;
(B) Latinx/a/o/e and
			 other protected class ethnicities, including Afro-Latinx/a/o as defined in OAR
			 581-017-0693, Central American as defined in OAR 581-017-0693, Indigenous as
			 defined in OAR 581-017-0693, and South American as defined in OAR
			 581-017-0693;
(C) An individual's
			 actual or perceived 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.
(e) "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.
(f)
			 "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.
(g) "Public Charter
			 School" means an elementary or secondary charter school offering a
			 comprehensive instructional program operating under a written agreement entered
			 into between a sponsor and an applicant pursuant to ORS chapter 338.
(h) "Race" includes:
(A) Black, African American, American Indian,
			 Alaska Native, Asian, Native Hawaiian, Pacific Islander, other protected races,
			 and multiracial individuals; and
(B) Physical characteristics that are
			 historically associated with race, including but not limited to any natural
			 hair, hair texture, hair type, or protective hairstyle associated with
			 race.
(i) "Sex" includes
			 male (M), female (F), and non-binary (X).
(j) "Sexual orientation" means an
			 individual's actual or perceived heterosexuality, homosexuality, or
			 bisexuality.
(k) "Sponsor" means:
(A) The board of the common school district
			 or the union high school district in which the public charter school is located
			 that has developed a written charter to create a public charter
			 school.
(B) The State Board of
			 Education pursuant to ORS
			 338.075.