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To: Superintendents, Principals, Charter School Leaders, K-12 Public Information Officers, Education Partners, Civil Rights Coordinators, Title IX Coordinators, LGBTQ2SIA+ Student Success
From: Dr. Charlene Williams, Director of the Oregon Department of Education
Date: February 12, 2025
Re: Informational Update: Title IX and State Nondiscrimination Law Implementation
Dear Education Leaders,
The Oregon Department of Education remains committed to equity and excellence for every learner, which includes ensuring that students are able to attend school free from discrimination and harassment. Schools are required to adhere to state and federal civil rights laws creating nondiscriminatory environments and addressing illegal discrimination.
Recent actions and communications from the federal government have led to questions about Oregon school districts’ ongoing obligations to implement or comply with state and federal laws with respect to the protected classes of sex, sexual orientation, and gender identity.
This email provides general information for Oregon K-12 public schools and public charter schools as you start to navigate these challenges. This information is not legal advice and ODE encourages school districts to consult with their own legal counsel in dealing with the issues addressed in this message.
Key Takeaways
- Oregon public schools must comply with Oregon nondiscrimination law, which prohibits discrimination based on sex, sexual orientation, and gender identity in accordance with ORS 659.850.
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Federally funded schools, including Oregon K-12 public schools, must comply with all applicable Title IX regulations. OCR has directed schools to implement the 2020 Title IX regulations moving forward. School districts are encouraged to consult with their legal counsel regarding their obligations to comply with Title IX.
Oregon Nondiscrimination Law
Oregon law prohibits schools funded by money from the Oregon Legislative Assembly from discriminating on the basis of sex, sexual orientation and gender identity in any public education program or service, school or interschool activity.
ODE expects that schools will continue to comply with Oregon nondiscrimination law, and will not discriminate on the basis of sex, sexual orientation, or gender identity. ORS 659.850 prohibits schools from discriminating against any person based on a protected class, including sex, sexual orientation, and gender identity.
Schools that receive complaints of discrimination based on sexual orientation or gender identity should process those complaints in accordance with their adopted nondiscrimination policies and procedures. Questions about the application of Oregon nondiscrimination law to specific schools or scenarios should be directed to school district legal counsel. ODE will continue to accept discrimination complaints in compliance with ORS 659.850.
ODE will continue to provide training and technical assistance on Oregon nondiscrimination law and on creating safe environments for LGBTQ2SIA+ students.
Title IX
All Oregon public K-12 school districts that receive federal funding must comply with Title IX as a federal civil rights law.
Recent court decisions and communications from the federal government may require school districts to reassess their Title IX compliance.
In 2021, the U.S. Department of Education (USDOE) Office for Civil Rights (OCR) released a Notice of Interpretation stating that it will interpret Title IX’s prohibitions on sex discrimination to include discrimination based on sex, sexual orientation, and gender identity. We recognize that many Oregon school districts may have acted in reliance on that position statement by OCR. USDOE subsequently incorporated sexual orientation and gender identity into the definition of sex discrimination in the revised Title IX regulations released in 2024.
However, a January 9, 2025, court order vacated the 2024 Title IX regulations, finding (among other things) that the inclusion of sexual orientation and gender identity into Title IX was improper. And in a “Dear Colleague” Letter dated February 4, 2025, OCR stated that “…open Title IX investigations initiated under the 2024 Title IX Rule should be immediately reevaluated to ensure consistency with the requirements of the 2020 Title IX Rule and the preexisting regulations at 34 C.F.R. 106 et seq.”
Schools are encouraged to consult with legal counsel for assistance regarding compliance with Title IX. ODE will continue to provide training and technical assistance to assist K-12 schools in complying with the regulatory requirements of Title IX. Upcoming training opportunities will be advertised on ODE’s Title IX listserv.
In love & justice,
Dr. Williams
Director, Oregon Department of Education
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