ACB-AR - Bias Incident Complaint Procedure

Code: ACB

Adopted: 12/15/20

Revised/Readopted: 4/08/26

Equity in education ensures inclusion and centers on social justice. Equity is not used interchangeably with principles of equality. Equity goes beyond equality where students are not simply given the same thing, but instead receive what they need to succeed. Thus, fostering an environment in which each and every student has an opportunity to access and succeed in a high-quality educational experience. 

Education is a core determinant factor in a student’s health, well-being, economic stability, civic involvement, and contribution to society. The creation of a more equitable and just society hinges on actualizing the principles of educational equity. In order to break the predictive link between student demographics and student achievement, the ESD will apply the principle of equity to all policies, programs, operations, and practices.  

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.

All employees 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. 

All visitors 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.

“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. Bias incidents may include derogatory language or behavior.  

“Symbol of hate” means nooses, symbols of neo-Nazi ideology, or the battle flag of the Confederacy.

The ESD prohibits the use or display of any symbols of hate on school property¹ or in an education program² except where used in teaching curriculum that is aligned with state standards of education for public schools.

The ESD prohibits retaliation against an individual because that individual has, in good faith, reported information that the individual believes is evidence of a violation of a state or federal law, rule or regulation.

Nothing in this policy is intended to interfere with the lawful use of ESD facilities pursuant to a lease or license. 

The ESD will use administrative regulation ACB-AR - Bias Incident Complaint Procedure to process reports or complaints of bias incidents. 

END OF POLICY

¹ “School property” means any property under the control of the ESD.

² “Education program” includes any program, service, school or activity sponsored by the ESD.

Legal Reference(s):

• ORS 174.100
• ORS 339.347
• ORS 659.850 
• ORS 659.852 
• OAR 581-002-0005
• OAR 581-022-2312
• OAR 581-022-2370
• Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503 (1969).
• Dariano v. Morgan Hill Unified Sch. Dist., 767 F.3d 764 (9th Cir. 2014).
• State v. Robertson, 293 Or. 402 (1982).