Or. Admin. Code § 581-075-0005

Current through Register Vol. 63, No. 12, December 1, 2024

Section 581-075-0005 - Scope of Discrimination, Restraint and Seclusion, and Retaliation Appeals Processes

OAR 581-075-0001 to OAR 581-075-0045 apply to appeals of complaints alleging:

(1) A violation of ORS 339.285 to 339.303 or OAR 581-021-0550 to 581-021-0570 (Restraint and Seclusion);

(2) A violation of ORS 339.347 (Bias Incidents and Symbols of Hate Prohibited), ORS 659.850 (Discrimination Prohibited), OAR 581-021-0045 (Discrimination Prohibited), OAR 581-021-0046 (Program Compliance Standards for Purposes Related to Discrimination), or OAR 581-022-2312 (Every Student Belongs);

(3) If the entity against whom the appeal is filed is a school district, education service district, or public charter school, a violation of ORS 342.700 and 342.704 (Duties Related to Sexual Harassment) or OAR 581-021-0038 (Requirements Related to Sexual Harassment);

(4) If the entity is a school district or a public charter school, or an education service district that has entered into a contract with a school district for the purpose of designating and providing for the school district one or more civil rights coordinators, a violation of OAR 581-021-0655 (Duty to Designate One or More Civil Rights Coordinators) or OAR 581-021-0660 and (Duties of and Training Requirements for Civil Rights Coordinators);

(5) If the entity against whom the appeal is filed is a school or program operated by a school district, education service district, or public charter school, a violation of OAR 581-021-0047 (Prohibition against Using Native American Mascots); or

(6) If the entity against whom the appeal is filed is a school district, an education service district, a Youth Corrections Education Program as defined in ORS 326.695, or a program that receives moneys pursuant to ORS 343.243 (3) or (4), a violation of ORS 659.852 (Retaliation).

Or. Admin. Code § 581-075-0005

ODE 45-2024, adopt filed 10/23/2024, effective 10/23/2024

Statutory/Other Authority: ORS 326.051, ORS 339.303, ORS 339.347, ORS 342.700, ORS 659.850, ORS 659.852 & ORS 659.855

Statutes/Other Implemented: ORS 339.303, ORS 339.347, ORS 342.700, ORS 659.850, ORS 659.852 & ORS 659.855