ORS 659.855: Sanctions for noncompliance with discrimination prohibitions.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) Any public elementary or secondary school or program determined by the Superintendent of Public Instruction to be in noncompliance with provisions of this section and ORS 332.505 (2), 659.850 and 659.852 shall be subject to appropriate sanctions, as established by rule of the State Board of Education, which may include: (a) Entering an order for the school or program to adopt or revise a policy, undergo training, publicly disseminate information or receive technical assistance. (b) For a violation of ORS 659.850 involving a student when the discrimination caused the student to miss an educational or extracurricular activity, not have full access to educational services or be treated differently with respect to any aid, benefit or service otherwise available to students: (A) Providing the student with access to the missed educational or extracurricular activity, full access to the educational service or the difference in the aid, benefit or service; or (B) Reimbursing the student or the student’s parent or legal guardian for any reasonable costs incurred in obtaining a comparable educational or extracurricular activity, receiving full access to comparable educational services or receiving comparable aid, benefits or services. (c) Withholding of all or part of state funding. (2) Any public community college determined by the Higher Education Coordinating Commission to be in noncompliance with provisions of ORS 659.850 and 659.852 and this section shall be subject to appropriate sanctions, which may include withholding of all or part of state funding, as established by rule of the commission. (3) Any public university listed in ORS 352.002 determined by the Higher Education Coordinating Commission to be in noncompliance with provisions of ORS 659.850 and 659.852 and this section shall be subject to appropriate sanctions, which may include withholding of all or part of state funding, as established by rule of the commission. (4) Any public charter school determined by the sponsor of the school or the superintendent to be in noncompliance with the provisions of this section and ORS 332.505 (2), 659.850 and 659.852 shall be subject to appropriate sanctions, which may include the withholding of all or part of state funding by the sponsor or superintendent, as established by rule of the State Board of Education. [Formerly 659.155; 2011 c.637 §279; 2013 c.747 §169; 2013 c.768 §147; 2015 c.434 §3; 2023 c.243 §3; 2025 c.111 §1]
Administrative rules citing this section
- OAR 581-021-0045: Discrimination Prohibited — authority
- OAR 581-021-0650: Definitions for OAR 581-021-0650 to 581-021-0665 — implements
- OAR 581-021-0650: Definitions for OAR 581-021-0650 to 581-021-0665 — authority
- OAR 581-021-0655: Temporary rule language in effect until 10/17/2026. Duty to Designate One or More Civil Rights Coordinators — implements
- OAR 581-021-0655: Temporary rule language in effect until 10/17/2026. Duty to Designate One or More Civil Rights Coordinators — authority
- OAR 581-021-0660: Duties of and Training Requirements for Civil Rights Coordinators — authority
- OAR 581-021-0665: Temporary rule language in effect until 10/17/2026. Submission of Coordinator Contact Information — implements
- OAR 581-021-0665: Temporary rule language in effect until 10/17/2026. Submission of Coordinator Contact Information — authority
- OAR 581-075-0001: Definitions for Appeals Processes — implements
- OAR 581-075-0001: Definitions for Appeals Processes — authority
- OAR 581-075-0005: Scope of Discrimination, Restraint and Seclusion, and Retaliation Appeals Processes — implements
- OAR 581-075-0005: Scope of Discrimination, Restraint and Seclusion, and Retaliation Appeals Processes — authority
- OAR 581-075-0010: Acceptance of Appeal Alleging Discrimination, Restraint and Seclusion, or Retaliation — implements
- OAR 581-075-0010: Acceptance of Appeal Alleging Discrimination, Restraint and Seclusion, or Retaliation — authority
- OAR 581-075-0015: Notice of Acceptance or Denial of Appeal Alleging Discrimination, Restraint and Seclusion, or Retaliation — implements
- OAR 581-075-0015: Notice of Acceptance or Denial of Appeal Alleging Discrimination, Restraint and Seclusion, or Retaliation — authority
- OAR 581-075-0020: District Response to Appeal Alleging Discrimination, Restraint and Seclusion, or Retaliation — implements
- OAR 581-075-0020: District Response to Appeal Alleging Discrimination, Restraint and Seclusion, or Retaliation — authority
- OAR 581-075-0024: Investigation of and Final Order for Appeal Alleging Discrimination, Restraint and Seclusion, or Retaliation — implements
- OAR 581-075-0024: Investigation of and Final Order for Appeal Alleging Discrimination, Restraint and Seclusion, or Retaliation — authority
- OAR 581-075-0030: Compliance with Corrective Action for Appeal Alleging Discrimination, Restraint and Seclusion, or Retaliation — implements
- OAR 581-075-0030: Compliance with Corrective Action for Appeal Alleging Discrimination, Restraint and Seclusion, or Retaliation — authority
- OAR 581-075-0040: Early Resolution of Appeal Alleging Discrimination, Restraint and Seclusion, or Retaliation by Taking Corrective Action — implements
- OAR 581-075-0040: Early Resolution of Appeal Alleging Discrimination, Restraint and Seclusion, or Retaliation by Taking Corrective Action — authority
- OAR 581-075-0045: Early Resolution of Appeal Alleging Discrimination, Restraint and Seclusion, or Retaliation through Settlement — implements
- OAR 581-075-0045: Early Resolution of Appeal Alleging Discrimination, Restraint and Seclusion, or Retaliation through Settlement — authority
- OAR 603-082-0010: Purpose — implements
- OAR 603-082-0020: Definitions — implements
- OAR 715-011-0085: Determination — authority
This rule cites
- ORS 332.505 — resolved
- ORS 659.850 — resolved
- 659.852 — resolved
- ORS 352.002 — resolved
Cited by
- ORS 336.631: Private alternative programs; requirements; applicability of laws; placement of students.
- ORS 339.347: Policies to address bias incidents and displays of symbols of hate.
- ORS 659.860: Enforcement of ORS 659.850.
- OAR 581-021-0047: Prohibits Public Schools from using Native American Mascots
- OAR 581-021-0072: Registration of Private Alternative Programs/Schools
- OAR 581-021-0660: Duties of and Training Requirements for Civil Rights Coordinators
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors659.html