Discrimination Prohibited

FINAL

Updated by CH on 4/2/08

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) The words "District, School District" include all common and union high school districts and education service districts and all educational agencies, programs, and services under the jurisdiction of the State Board of Education, except community college districts.

(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.

Stat. Auth.: ORS 326.051 & ORS 659.850
Stats. Implemented: ORS 326.051 & ORS 659.850
Hist.: 1EB 252, f. & ef. 9-30-76; 1EB 11-1984, f. & ef. 4-17-84

581-021-0046

Program Compliance Standards

(1) Access to Course Offerings. A school district shall not provide any course or otherwise carry out any of its educational programs or activities on a discriminatory basis or require or refuse participation therein by any of its students on such basis:

(a) This section does not prohibit grouping of students in any educational program or activity by ability as assessed by objective standards of individual performance;

(b) Where use of an objective standard of measuring skill or progress in an educational program has a discriminatory effect on persons as defined in OAR 581-021-0045, the district shall use appropriate standards which do not have such effect;

(c) This section does not prohibit separating students by sex within physical education classes or activities during participation in wrestling, boxing, rugby, ice hockey, football, basketball, soccer, and other sports the purpose or major activity of which involves bodily contact.

(2) Employment Assistance. A district which actively assists any agency, organization, or person in making employment available to any of its students shall assure itself that such employment is made available without discrimination.

(3) Marital Status. A district shall not discriminate against any student or exclude any student from its educational program or activity including any class or extracurricular activity on the basis of the student's marital status; however the student may request voluntarily to participate in a separate portion of the program or activity of the district.

(4) Athletics. A district which operates or sponsors interscholastic club or intramural athletics shall provide equal athletic opportunity for members of both sexes, all age and ethnic groups, and persons withdisabilities. In determining whether equal opportunities are available, the Superintendent of Public Instruction shall consider among other factors whether the selection of sports and levels of competition effectively accommodate the interests and abilities of all students.

(5) Students Unable to Attend Because of Religious Beliefs. Any student who because of his or her religious beliefs is unable to attend classes on a particular day shall be excused from attendance requirements and from any examination or other assignment on that day. The student shall make up the examination or other assignment missed because of such absence. The absence shall not be counted for the purpose of an attendance policy that may result in exclusion, failure, or reduction of grade based upon a certain number of days.

(6) Textbooks and Curriculum Material. Nothing in this rule shall be interpreted as requiring or prohibiting or abridging in any way the use of adopted textbook or curriculum material. However, where materials are found upon investigation to provide discriminatory impact on the basis of race, color, national origin, religion, sex, sexual orientation, age, disability, or marital status, there should be established resources for employees and students of the district for supplemental alternative nondiscriminatory material.

(7) Use of Appraisal and Counseling Materials. A district which uses testing or other materials for appraising or counseling students shall not use materials which discriminate on the basis of race, color, national origin, religion, sex, sexual orientation, age, disability, or marital status, or use materials which permit or require different treatment of students on such basis unless such differences cover the same occupation and interest areas and the use of such different material is shown to be essential to the elimination of discrimination. Districts shall develop and use internal procedures for insuring that such materials may not discriminate.

(8) Bilingual or Linguistically Different Students. Districts shall develop and implement a plan for identifying students whose primary language is other than English and shall provide such students with appropriate programs until they are able to use the English language in a manner that allows effective and relevant participation in regular classroom instruction and other educational activities.

(9) Equal Educational Opportunity Plans. Districts shall develop and implement a plan which assures that all students have equal opportunity to participate in the educational programs and activities and equal access to facilities in the district. Said plan shall include courses and components which provide students with an understanding of the pluralistic realities of their society, including multi-cultural/racial/ethnic education and equity in portraying all classes protected under ORS 659.150. Upon the request of the Superintendent of Public Instruction, districts shall submit copies of such plans and other assurances as are deemed necessary and proper.

(10) Dress Codes. Districts may enforce an otherwise valid dress code or policy, as long the code or policy provides, on a case-by-case basis, for reasonable accommodation of an individual based on the health and safety needs of the individual.

(11)Interpretation of Rules. The Superintendent of Public Instruction may issue written interpretations concerning rules for nondiscrimination upon the written request of parties to a complaint at the district level.

Stat. Auth.: ORS 326 & ORS 659
Stats. Implemented: ORS 326.051 & ORS 659.150
Hist.: 1EB 252, f. & ef. 9-30-76; 1EB 11-1984, f. & ef. 4-17-84

581-024-0205

Definitions

The following definitions apply to OAR 581-024-0205 through 581-024-0310 unless otherwise indicated by context:

(1) "Annual Report" document prepared by the district and filed by October 31 of each year with the Department. The Annual Report includes both a completed "Self-Appraisal Form" and a "Service and Performance Summary" as identified on forms provided by the Department.

(2) "Assessment": activities designed to secure and organize information describing district performance relative to its own instructional and support service goals;

(3) "Board": State Board of Education;

(4) "Component": a school district whose administrative office is within the district;

(5) "Department": Oregon Department of Education;

(6) "District": an education service district;

(7) "District Board": an education service district board;

(8) "Noncomponent": a school district whose administrative office is outside the district;

(9) "Public Entity" is a unit of local, state, or federal government;

(10) "Private entity" is not a unit of local, state, or federal government and includes, but is not limited to, a not-for-profit or business organization;

(11) "Service": the activities provided by the district in response to statutes, administrative rules, district board directives, resolutions and contracts;

(12) "Service Evaluation": the adopted method, system, or the way by which the effectiveness of service goals is measured;

(13) "Service Goals": statements of desired service outcomes for each district instructional service for the entire system stated in terms of the activities to be implemented;

(14) "Service Improvement": using assessment and needs identification information in making service revisions that reduce needs identified;

(15) "Service Needs Identification": procedures to specify and rank actual and desired outcomes of district services sufficient to warrant considering program revision;

(16) “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

(17)"Standard District": a district having met provisions of Division 24 of Board administrative rules;

(18)"Substandard District": a district not meeting the provisions of Division 24 of Board administrative rules; and

(19)"Superintendent": State Superintendent of Public Instruction.

Stat. Auth.: ORS 334
Stats. Implemented: ORS 334.125
Hist.: 1EB 265, f. & ef. 8-22-77; 1EB 4-1985, f. 1-4-85, ef. 7-1-85; EB 10-1994, f. & cert. ef. 8-16-94; ODE 13-2005(Temp), f. & cert. ef. 12-29-05 thru 6-1-06; Administrative correction 7-20-06581-024-0245

Staff

(1) Each district shall employ staff as needed to accomplish the goals of the district as; adopted by the district board, provided for in its annual budget, required in ORS 342.513 to 342.985, 653.310 to 653.340 and Chapter 659.

(2) Each district shall assign:

(a) Licensed personnel in accordance with OAR Division 584 Rules of Licensure; and

(b) All personnel in accordance with their position descriptions.

(3) Each district shall maintain personnel policies to include:

(a) Assurances thatequal employment opportunities for all persons are providedregardless of age, disability, national origin, race, color, marital status, religion, sex or sexual orientation; and

(b) Liaison between the district board and its employees, described by means of a chart or written statement.

(4) Personnel policies shall be provided to all employees and made available to the public.

Stat. Auth.: ORS 334
Stats. Implemented: ORS 334.125
Hist.: 1EB 237, f. & ef. 7-9-76; 1EB 265, f. & ef. 8-22-77; 1EB 4-1985, f. 1-4-85, ef. 7-1-85; EB 15-1994, f. & cert. ef. 10-3-94

581-045-0001

Definitions

The following definitions apply to OAR 581-045-0006 through 581-045-0210, unless otherwise indicated by the context:

(1) "Advertising" means any form of public notice used in recruiting and promoting activities, however disseminated, including but not limited to print media, catalogs, and other school publications, signs, mailing pieces, radio or television ads, audiovisual material, and the internet on behalf of a licensed school.

(2) "Ability to benefit" is a determination made by the school through some form of assessment (e.g., entrance examination) that indicates the student has a reasonable chance to succeed in the program and be employed in the profession for which the student is preparing.

(3) "Esthetics" has the meaning given in ORS 690.005.

(4) "Agent" has the meaning given in ORS 345.010(1).

(5) "Application" means a form, separate from the enrollment agreement, which is submitted by an applicant prior to the signing of the enrollment agreement and evaluated by the school for admission purposes. Schools may charge a non-refundable application fee; however, the fee must be clearly identified on the application.

(6) "Application fee" means any fee, however named, covering those expenses incurred by a school in evaluating admission of prospective students. At the school's option, the application fee may be non-refundable. The school shall not charge an application fee of more than $25.00.

(7) "Approved" means accepted by the State Board of Education or by the Superintendent in matters relating to school licensing requirements.

(8) "Assessment" means a written, oral, and/or hands-on evaluation of an applicant's progress in the educational program.

(9) "At-risk" means the school demonstrates a pattern or history of one or more of the following conditions, that the Superintendent determines, may cause potential serious problems for the continued successful and profitable operation of the organization:

(a) Failure to meet the standards of financial responsibility or reporting;

(b) Misrepresentation;

(c) Frequent substantiated complaints filed with the Department;

(d) A decrease in enrollment from the previous reporting period of 50 percent or more or 25 students, whichever is greater;

(e) Staff turnover from the previous reporting period of 50 percent or more or three staff, whichever is greater; and

(f) Conditions listed in subsections (9) (d) and (e) of this rule, caused by unusual circumstance or reason, shall be evaluated by the Superintendent and exceptions may be granted.

(10) "Auxiliary facility" means a facility that does not use or list its address as a school location and:

(a) Absorbs a temporary overload that the principal facility cannot accommodate; or

(b) Provides a specialized training facility away from the principal school location; or

(c) Provides training under contract that is not open to general enrollment; or

(d) Is a site approved by the Department of Education for teaching a short-term course that is taught by registered teachers from the principal facility.

(11) "Barbering" has the meaning given in ORS 690.005.

(12) "Board" means the State Board of Education.

(13) "Bona fide organization or group" means any body or entity that is nationally chartered or recognized by a national or state educational/occupational policy board that has operated or functioned in good faith without fraud or deceit for at least 25 years.

(14) "Chairperson" means the person who is responsible for overseeing the business of the advisory committee.

(15) "Class" means a scheduled meeting of persons for instructional purposes.

(16) "Clinic lab" means a place where students perform assigned instructional tasks identified in the approved curriculum on models or the general public.

(17) "Completion" means the student has satisfactorily finished all the requirements of the program in which enrolled, has fulfilled the terms of the enrollment agreement, and has been awarded an appropriate certificate, diploma, or completion document.

(18) "Continuing education" means the enrollment in and completion of ongoing, Department-approved instruction, outside the normal teaching schedule, which upgrades a teacher's skills and knowledge with the intent of making the teacher more proficient and current in subject matter taught.

(19) "Course" means an aggregation of classes to achieve a completed set of competencies.

(20) "Department" means the Oregon Department of Education.

(21) "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.

(22) "Distance learning instruction" means education provided by written correspondence or any electronic medium for students enrolled in a private career school in pursuit of an identified occupational objective, but not attending classes at an approved school site or training establishment.

(23) "Enrollment" means a student agrees to the purchase of a course or program of instruction from a school and signs an enrollment agreement, instrument or note, however named that commits both the student and the school to a legal and binding obligation.

(24) "Fiscal reporting period" means the period of time for which the school provides the required financial information. The fiscal reporting period is identified by the school owner upon initial license application and must remain consistent unless a written request for a change is approved by the Superintendent. The fiscal reporting period may be the calendar year or another 12-month time period.

(25) "Fund" means the private career school Tuition Protection Fund (TPF).

(26) "Gross tuition income" means all direct tuition charges from programs for which the school is licensed under OAR 581-045-0001 through 581-045-0210, including any laboratory fee. Total gross tuition income does not include:

(a) Tuition refund;

(b) Registration and application fees; or

(c) Costs for books, supplies, tools, and equipment purchased by students.

(27) "Hair design" has the meaning given in ORS 690.005.

(28) "In default" is defined in ORS 345.115(5) as "when a course or program is discontinued or canceled or the school closes prior to completion of contracted services."

(29) "License" means a license to operate a private career school.

(30) "Nail technology" has the meaning given in ORS 690.005.

(31) "On-site review" means a visit to the school by authorized Department staff who may review the facilities, classrooms, and school records; talk with students, staff, and administrators; and determine whether the school is in compliance with Oregon law.

(32) "Operating/operation" means any form of marketing, advertising, instruction, recruitment, or any other activity regulated under ORS Chapter 345 and OAR 581-045-0001 through 581-045-0210.

(33) "Placement" means the student has been employed in the occupation for which trained.

(34) "Probation" means that a school has been officially notified by the Superintendent that it has deficiencies that must be corrected within a specified time.

(35) "Program" means an aggregation of courses to meet an identified occupational objective.

(36) "Program advisory committee" means a representative group appointed by the school, which advises the school ownership and administration.

(37) "Program improvement plan" means a written outline or plan designed to describe how the school will resolve or comply with violations of state rule or regulation assessed by the Superintendent and/or correct any deficiencies identified by the Superintendent.

(38) "Pro rata" means in accordance with a fixed proportion.

(39) "Published Class Schedule" (for the purpose of calculating tuition charges) means the period of time between the commencement of classes and the student's last date of attendance as offered by the school and scheduled by the student.

(40) "Recruiting" means personally soliciting or attracting a person or persons by a school or its agent(s) with the intention of actively pursuing enrollment in the school. Recruiting does not include leaving materials at or near an office or other site for a person to pick up of his or her own accord or handing a brochure or other materials to a person.

(41) "Registration" means the process by which directors, agents, or teachers either request registration by the Superintendent to teach at the school or notify the Superintendent of their appointment of an agent to represent the school.