(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 Education Program, as those terms are defined in ORS 326.695; or
(F) A program that receives moneys pursuant to ORS 343.243.
(d) "School property" means any property under the control of an education provider.
(e) "Symbol of hate" means nooses, symbols of neo-Nazi ideology or the battle flag of the Confederacy.
(2)(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 an education program.
(b) The prohibition required by this subsection does not apply to displays that align with and are used in conjunction with state standards of education for public schools.
(3) 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 a school or educational 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.
(e) Establish 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 commit to preventing further harm against those persons impacted.
(D) Include educational components that:
(i) Address the history and impact of bias and 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, including:
(i) Notice that an investigation has been initiated;
(ii) Notice when an investigation has been completed;
(iii) The findings of the investigation and the final determination based on those findings;
(iv) Actions taken to remedy a person’s behavior and prevent reoccurrence; and
(v) When applicable, the legal citation of 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.
(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 act 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 Department of Education or to 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 employees and students of the education provider.
(4) Any education provider that violates this section or a policy adopted under this section shall be:
(a) Considered to be in noncompliance with the provisions of ORS 659.850;
(b) Subject to the sanctions for noncompliance of ORS 659.850 under ORS 659.855; and
(c) Subject to the enforcement provisions of ORS 659.850 by ORS 659.860. [2021 c.147 §1]
Structure 2021 Oregon Revised Statutes
Volume : 09 - Education and Culture
Chapter 339 - School Attendance; Admission; Discipline; Safety
Section 339.010 - School attendance required.
Section 339.020 - Duty to send children to school.
Section 339.030 - Exemptions from compulsory school attendance; rules.
Section 339.035 - Teaching by private teacher, parent or guardian; rules.
Section 339.040 - Attendance supervisors.
Section 339.065 - Estimates of attendance; irregular attendance; excused absences.
Section 339.071 - Attendance notification policy.
Section 339.080 - Nonattendance notice to parents, school officials and parole or probation officer.
Section 339.115 - Admission of students; waiver; denial.
Section 339.119 - Prohibition of payment as incentive to receive educational services; exceptions.
Section 339.122 - Disclosures in promotional materials.
Section 339.125 - Contract for admission of nonresident pupils; costs.
Section 339.133 - Determination of residency of student for school purposes.
Section 339.137 - Residency of student at youth care center.
Section 339.139 - Residency of military children; rules.
Section 339.141 - Tuition prohibited for regular school program; other programs.
Section 339.147 - When tuition authorized; waiver of tuition and fees.
Section 339.155 - Prohibitions of certain fees as condition of admission; allowable fees.
Section 339.280 - Student grading policies; consideration of attendance allowed; policy content.
Section 339.285 - Definitions for ORS 339.285 to 339.303.
Section 339.288 - Prohibitions on use of certain restraints.
Section 339.291 - Use of restraint or seclusion.
Section 339.294 - Procedures following incident; notification; records.
Section 339.297 - Annual report.
Section 339.300 - Training programs.
Section 339.303 - Rules for complaints, investigations and seclusion rooms.
Section 339.308 - Seclusion cell prohibition.
Section 339.309 - Required reports of employee injuries.
Section 339.317 - Notice to school district of person charged with crime; immunity.
Section 339.319 - Notice to school district of person convicted of crime; immunity.
Section 339.331 - Mission; duties; annual report; staff; funding.
Section 339.333 - Board of directors.
Section 339.336 - Funding; Center for School Safety Account.
Section 339.339 - Collaboration between center and Department of Education.
Section 339.341 - Statewide School Safety and Prevention System; rules.
Section 339.343 - Comprehensive district plans on student suicide prevention; rules.
Section 339.347 - Policies to address bias incidents and displays of symbols of hate.
Section 339.351 - Definitions for ORS 339.351 to 339.364.
Section 339.356 - District policy required.
Section 339.359 - Training programs; prevention task forces, programs and other initiatives.
Section 339.362 - Retaliation against victims and witnesses prohibited; school employee immunity.
Section 339.366 - Required policies on teen dating violence and domestic violence.
Section 339.368 - Posters regarding domestic violence; rules.
Section 339.370 - Definitions for ORS 339.370 to 339.400.
Section 339.374 - Required background checks by education providers.
Section 339.384 - Prohibitions and allowances related to hiring of applicant to be school employee.
Section 339.392 - Prohibitions against certain agreements and contracts.
Section 339.450 - Prohibited grounds for denying participation in interscholastic athletics.
Section 339.505 - Definitions for ORS 339.505 to 339.520; rules.
Section 339.510 - Student accounting system; goals.
Section 339.515 - Uniform reporting system; training and technical assistance in using system.
Section 339.520 - Information required on certain students who withdraw from school.
Section 339.655 - Traffic patrols authorized; medical benefits; rules.
Section 339.660 - Rules on traffic patrols; eligibility; authority.
Section 339.665 - Intergovernmental cooperation and assistance in connection with traffic patrols.
Section 339.866 - Self-administration of medication by students.
Section 339.867 - "Medication" defined for ORS 339.869 and 339.870.
Section 339.869 - Administration of medication to students; rules.
Section 339.870 - Liability of school personnel administering medication.
Section 339.874 - Use of sun-protective clothing and sunscreen.
Section 339.875 - Procurement, display and salute of flags.
Section 339.877 - Issuance of diploma for work completed at certain state institutions.
Section 339.890 - Radio frequency identification device policy for students; rules.