Oregon Oregon Department of Education

Rule Rule 581-021-0045
Discrimination Prohibited

(1) Discrimination Defined:
(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 or sexual orientation;
(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 (Receipt of amount from State School Fund for children enrolled in certain programs); and
(B) Any educational agency, program, or service under the jurisdiction of an entity described in subparagraph (A) of this paragraph.
(c) “Sexual orientation” means an individual’s actual or perceived heterosexuality, homosexuality, bisexuality or gender identity, regardless of whether the individual’s gender identity, appearance, expression or behavior differs from that traditionally associated with the individual’s sex at birth.
(2) “General Prohibition of Discrimination”: No person in Oregon shall 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.
(3) “Specific Prohibitions”: In providing programs or services to students, a school district shall not, on a discriminatory basis as defined in subsection (1)(a) of this rule:
(a) Treat one person differently from another in determining whether such person satisfies any requirement of condition for the provision of such aid, benefit, or service;
(b) Provide different aid, benefits, or services; or provide aids, benefits, or services in a different manner;
(c) Deny any person such aid, benefit, or service;
(d) Subject any person to separate or different rules of behavior, sanctions, or other treatment;
(e) Aid or perpetuate discrimination by joining or remaining a member of any agency or organization which discriminates in providing any aid, benefit, or service to students or employees;
(f) Otherwise limit any person in the enjoyment of any right, privilege, advantage, or opportunity.
(4) “Exceptions”: These rules shall not affect attendance boundaries, limit placement of students in programs of desegregation, nor supersede any specific statutory requirement for any educational program.

Last accessed
Jun. 8, 2021