Oregon

State constitutional guarantees regarding right to education

Article VIII, Section 3 of Oregon Constitution states “The Legislative Assembly shall provide by law for the establishment of a uniform, and general system of Common schools.” This requirement has been interpreted to mandate a uniform system (consistent curriculum and progression) not necessarily equal funding across districts. 

Case law and legislative history defining and interpreting the right to education

Courts have generally held that Section 3 does not create an enforceable “adequacy” right to education resources.

Olsen v. Olsen (1976) – Plaintiffs challenged disparities in education funding across districts as violating Article VIII, Section 3. The Court rejected the claim, noting that (at the time) most funding came through local property taxes and Section 3 did not impose a specific funding mandate or ensure adequacy.

Pendleton School Dist. v. State of Oregon (2009) / Sherwood School Dist. 88J v. Washington Cty. Ed. (2000) – These cases involved equity-based challenges over school finance disparities. The Court re-affirmed that Section 3 mandates uniformity of system, not equitable or substantial funding between districts. 

Nakashima v. Board of Education (2008) – Under ORS 659.850 (The 2023 Edition is the most current version. Changes to the law by the 2024 regular session will be reflected in the 2025 Edition Oregon Revised Statutes (ORS), available online in early 2026,)  (which prohibits discrimination in state-funded schools), plaintiffs argued OSAA’s refusal to reschedule a tournament for Sabbath observance violated state equality requirements. The Oregon Supreme Court reversed the Board of Education’s decision and remanded for further proceedings. The case interprets discrimination protections within the educational context.

State constitutional protections regarding non-discrimination and equity

Article 1, Section 20 (Equality of privileges and immunities of citizens) states “No law shall be passed granting to any citizen or class of citizens privileges, or immunities, which, upon the same terms, shall not equally belong to all citizens.” – This clause has been interpreted to demand equal treatment under Oregon law with respect to sexual orientation and gender identity. Courts have ruled it to apply to non-enumerated classes (e.g. LGBTQ+) if a group is historically disadvantaged and targeted.

Article 1, Section 46 (Prohibition on denial or abridgment of rights on account of sex) provides “Equality of rights under the law shall not be denied or abridged by the State of Oregon or by any political subdivision in this state on account of sex. The Legislative assembled shall have the power to enforce, by appropriate legislation, the provisions of this section.” Adopted in 2014, this section has supported broader gender-based equality claims. Legal scholars argue this section should and does support transgender rights, particularly when rooted in gender stereotypes or sex-assigned-at-birth distinctions. 

The foregoing constitutional guarantees offer broader or potentially stronger protections than those under the U.S. constitution alone and state courts often rely on them independently. 

Other relevant state constitutional civil rights protections

Equal Rights for All Campaign 2024 Ballot Initiative for the November 2026 Election – The initiative asks Oregon voters to explicitly enshrine protections regardless of one’s gender identity, sexual orientation, or if pregnant. It was launched by advocacy groups including Basic Rights Oregon, the ACLU of Oregon, and Planned Parenthood Advocates of Oregon, who announced in June 2024 that they would begin gathering signatures to place the measure on the November 2026 ballot. To succeed, the campaign must gather over 150,000 valid signatures by July 2, 2026.

• Section 46, Article I Bill Text

• Equal Rights for All Oregonians FAQs

• Basic Rights Oregon Press Release

State law equivalents to Title VI, Title IX, Section 504, and the Educational Opportunities Act (EEOA) 

Oregon enforces similar protections through state statutes and administrative rules via ORS Chapter 659A which prohibits discrimination on race, color or national origin in employment, housing, public accommodations and education. 

Oregon Equality Act (2007) – Landmark law that added sexual orientation and gender identity/expression as protected classes statewide. 

Additional state civil rights protections that go beyond federal requirements (e.g., protections for LGBTQ+ students, multilingual learners, undocumented students)

LGBTQ+ Students:

• ORS 329.847(Note: This subsection was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 329 or any series therein by legislative action. This technical detail about how the statute is organized does not affect its legal validity or enforceability)– Statewide education plan for students who are minority gender identity or sexual orientation; advisory group; report; grants; rules. 

• Senate Bill 52 (2021) – Requires all public school districts and higher education institutions to implement LGTBQ2SIA+ safe policies and practices, overseen by the state education authority, the Oregon Department of Education (ODE).

• LGBTQ2SIA+ Student Success Plan

• January 2022 SB 52: LGBTQ2SIA+ Student Success Plan Progress Report on Implementation. 

• ODE Guidance “Supporting Gender Expansive Students” (2023) – Comprehensive recommendations around affirmed names/pronouns, restroom/changing facilities aligned with gender identity, sports participation, mental health support and safety plans. These go beyond legal baselines to ensure lived inclusion and affirmation in schools.

• Gender-Affirming Care Resources

Undocumented Students

• SB 1532 (2024): Immigrant/Refugee Student Success – Directs the ODE to create and implement a statewide education plan supporting immigrant and refugee students from early childhood through post-secondary education. To ensure the plan reflects community needs, ODE will convene an advisory group of immigrant and refugee representatives and statewide partners. The initiative also includes a grant program for schools, early learning providers, post-secondary institutions, tribal governments, and community-based organizations to fund strategies that promote student success.

• Immigrant Refugee Student Success Webpage  

• Oregon Sanctuary Promise Law (HB 3265 (2021)) – State and local entities (including public schools) are prohibited from enforcing federal immigration law (e.g. ICE Access) absent a valid warrant or court order. Agents must deny requests, report and document them via the Sanctuary Promise Hotline (1-844-924-STAY) and may face civil liability for violations.

• Oregon Criminal Justice Commission – Sanctuary Promise Violation Page

• Sanctuary Promise Community Toolkit

• 2025 Sanctuary Promise Legislative Report

• 2024 Sanctuary Promise Legislative Report

• ODE “Supporting All of Oregon’s Student’s” Guidance (2025) – Advises districts to enroll students regardless of immigration status, avoid injuries into citizenship status, accept varied forms of residency proof, and support immigrant families in care planning without fear of enforcement. 

• Local District Resolutions – School policies require ICE to notify district leadership and present valid documents before entering campuses with staff trained to protect student and family safety. Examples include, but are not limited to, the following:

• Beaverton School District

• Reynolds School District

• Salem-Keizer Public Schools 

Multilingual Learners 

• ORS 336.079 – Requires the ODE to develop and implement a statewide accountability system and improvement intervention for districts serving English language learners (ELL) students, especially where progress benchmarks fall short.

• ODE Multilingual and Migrant Education (MME) Newsletter & Office Hours – Ongoing support for schools and families through Title III, Title I-C professional development and guidance – ensuring equitable funding, programming and communications for multilingual learners. 

• ODE Multilingual and Migrant Education Webpage

• MME Newsletter QuickSubscribe Link

• US Department of Education Migrant Education Program (Title I, Part C) - State Grants

State law protections regarding color of law or pattern/practice liability for law enforcement in schools

• Oregon relies on state tort law (Oregon Tort Claims Act).  

• Sovereign immunity limits liability in some cases unless specific statutory exceptions apply. 

• Paired with federal civil rights protections in many instances:  

• 42 U.S.C. § 1983 

• Title VI of the Civil Rights Act of 1964

• Equal Protection Clause of the 14th Amendment

African American Students 

• ORS 329.841 – Directs ODE to develop and implement a statewide education plan for African American/Black students from early childhood through post-secondary education. To guide the plan’s creation and implementation, ODE convened an advisory group made up of African American/Black community members and statewide partners. The plan addresses academic disparities, historical practices contributing to inequity, and the educational needs of students through culturally responsive best practices from Oregon and across the nation. 

• African American/Black Student Success Webpage

Latino/a/x & Indigenous Students 

• ORS 329.845 – Statewide education plan for students who are Latino or Hispanic; advisory group; report; grants; rules.

• ODE “Supporting All of Oregon’s Student’s” Guidance (2025) – Advises districts to enroll students regardless of immigration status, avoid injuries in citizenship status, accept varied forms of residency proof, and support immigrant families in care planning without fear of enforcement. 

• Latino/a/x & Indigenous* Student Success Plan Webpage

Native Hawaiian/Pacific Islander Students 

• ORS 329.849 – Statewide education plan for students who are Native Hawaiian or Pacific Islander; advisory group; report; grants; rules.

• HB 3144 (2023) – Directs the ODE to develop and implement a statewide education plan for Native Hawaiian and Pacific Islander students from early childhood through post-secondary education. To guide the plan, ODE convened an advisory group of community members and statewide partners. The initiative includes a grant program supporting eligible entities—such as school districts, early learning providers, post-secondary institutions, tribal governments, and community-based organizations—to implement strategies that promote student success 

• Native Hawaiian/Pacific Islander Student Success Webpage

American Indian/Alaska Native Students

• ORS 329.843 – Statewide education plan for students who are American Indian or Alaska Native; advisory group; report; distribution of funds; rules.

• May 2025 American Indian/Alaska Native Students in Oregon: A Review of Key Indicators 2023-24 Statewide Report – This report provides a comprehensive and inclusive overview of Native student educational experiences and outcomes statewide, while honoring the full diversity of American Indian/Alaska Native student identities, including AI/AN multiracial and AI/AN Hispanic/Latino identifying students (also collectively referred to as AI/AN Plus).

• American Indian/Alaska Native Student Success Plan 2020-2025 – Aligns to the strategic goals and key efforts of the ODE. The 2020-2025 plan focuses on eleven (11) educational objectives with accompanying strategies and measurable outcomes.

• American Indian/Alaska Native Education Webpage

Implicit Bias Training in Public School Districts 

• SB 283 (2023) – Passed during Oregon’s 2023 Legislative Session and became effective on July 1, 2023. It established the Safe School Culture Grant Program, which is funded with a $5 million appropriation to the ODE.

• OAR 581-021-0563: Approval of Restraint and Seclusion Training Programs for School Staff – The program supports training in nonviolent crisis intervention and requires participating districts to report on certified instructors and implementation outcomes. (Reports and analyses indicate that minority students, particularly Black/African American students, are disproportionately impacted by restraint and seclusion practices in Oregon schools. See Vicki Nishioka, Becca Merrill, Havala Hanson, Changes in Exclusionary and Nonexclusionary Discipline in Grades K-5 Following State Policy Reform in Oregon, Inst. Ed. Scis. (Feb. 2021) (“Using data from a voluntary sample of 401 schools that served grades K-5, the study found that the numbers of office discipline referrals that resulted in exclusionary discipline and in nonexclusionary discipline increased after the 2015 policy reform relative to pre-policy trends, especially for Black students.”).)

• SB 283 Safe School Culture Grant Guidance December 2023

• SB 283 A Budget Report and Measure Summary 

Mandatory Civil Rights Coordinators in Public School Districts

• HB 2509 (2025) mandates the appointment of Civil Rights Coordinators in public school districts.

• ORS 332.505. Employment and compensation of personnel; written personnel policies – (2)(a) A district school board shall designate one or more civil rights coordinators for the school district. A civil rights coordinator may be an employee of the school district or the school district may enter into a contract with an education service district for the services of a civil rights coordinator. A civil rights coordinator, at a minimum, shall: (A) Monitor, coordinate and oversee school district compliance with state and federal laws prohibiting discrimination in public education; (B) Oversee investigations of complaints alleging discrimination in public education and ensure that the investigations are resolved; (C) Provide guidance to school and school district personnel on civil rights issues in the school district, respond to questions and concerns about civil rights in the school district and coordinate efforts to prevent civil rights violations from occurring in the school district; (D) Satisfy any training requirements prescribed by the State Board of Education by rule; and (E) Comply with any rules adopted by the State Board of Education for the purpose of implementing this paragraph.

2025 Oregon Legislative and Policy Updates

• June 30, 2025 Foundations for a Better Oregon Article

• HB 3055 (2025): Equitable Access to Advanced Courses – Mandates placement of high school students in advanced and dual-credit courses based on academic qualifications. Aims to reduce bias and improve graduation rates for underserved students. Operative July 1, 2026, with implementation in the 2026–2027 school year.

• SB 141 (2025): K–12 Accountability System – Establishes a statewide accountability framework to improve student outcomes and reduce disparities. Expands metrics to include attendance, reading/math proficiency, and graduation rates.

• Integrated Guidance 2025–2027 – Aligns six major grant programs under ODE, including High School Success and Student Investment Account. Emphasizes equity, community engagement, and longitudinal performance growth targets.

ORS Chapter 329 Laws Effective in 2026

• ORS 329.045. Academic Content Standards -- This section governs the revision of Common Curriculum Goals, performance indicators, diploma requirements, Essential Learning Skills, and academic content standards. Amendments made in recent legislative sessions will take effect in 2026 to align with updated educational priorities. Beginning in 2026, Oregon’s academic content standards for social studies must include instruction on the histories, contributions, and perspectives of Native American individuals; people of African, Asian, Pacific Island, Chicano, Latino, Middle Eastern, or Jewish descent; women; individuals with disabilities; immigrants and refugees; and LGBTQ+ individuals.

• ORS 329.494. Instruction About the Holocaust and Genocide – This law mandates instruction about the Holocaust and other genocides in Oregon schools. The operative date for full implementation is the 2026–2027 school year, ensuring that this content is integrated into social studies curricula statewide.

Anti-discrimination protections under state human rights statutes

Oregon provides broad anti-discrimination protections through its state human rights statute, ORS Chapter 659A (also known as the Oregon Equality Act) and related civil rights laws. These statutes are enforced by Oregon Bureau of Labor and Industries (BOLI”). Protected classes as of 2025 include: race, color, religion, sex, sexual orientation, gender identity/expression, national origin, marital status, age (18 and over in employment), disability (physical or mental), veteran status, familial status (in housing), source of income (in housing), use of service animal, and association with member of a protected class. Oregon’s protections go beyond federal law.

Private right of action provisions under state civil rights and human rights statutes

• In Oregon, individuals have a private right of action under ORS Chapter 659A. These provisions allow people who believe their rights have been violated to file a lawsuit in civil court by filing a complaint with the BOLI by phone at 971-245-3844 or email at boli_help@boli.oregon.gov (or in some cases without filing at all). It accepts complaints related to discrimination, harassment, and retaliation, including those involving students in educational settings if the institution is a public accommodation or employer.

• BOLI Discrimination at Work FAQs

Identify whether state anti-discrimination laws also prohibit discrimination caused by disparate impact. If yes, does the state law allow a private right of action for disparate impact claims? 

Courts and BOLI interpret Oregon’s state anti-discrimination laws broadly to recognize and prohibit disparate impact (sometimes called unintentional discrimination), even though it is not codified in the statutory text:

• ORS 659A.112 (Employment discrimination) – Prohibits employment practices that “screen out or tend to screen out an individual with a disability. This attempts to address neutral standard that disproportionately impact individuals with disabilities. 

• ORS 659A.030 (addresses general employment discrimination) – While not explicitly “disparate impact” this statute prohibits discriminatory employment practices based on protected class (mentioned above). Courts and BOLI interpret it to reach unintentional discrimination via neutral policies that disproportionately burden a protected group.

ORS 659.850 (Discrimination in education prohibited; rules) – Under the education discrimination statute, “discrimination” is defined to include acts that are “fair in form but discriminatory in operation” (e.g. dress codes and policies are only lawful if they do not have a disparate impact on members of protected classes relative to others).

Is the right provided by state law conferred on the student, parent/guardian, or both? In other words, who can bring a claim under this law? 

Until a student is 18 or attending university, Oregon’s administrative rules grant rights to parents/legal guardians. OAR 581-021-0230 mandates that educational agencies afford full rights under these rules to either parent unless a court order or custody agreement revokes those rights. Once a student turns 18 or attends post-secondary educational school, the rights and consent responsibilities transfer to the student, even if they are still tax dependent on parents.

Does the specified law or policy provide protections against retaliation? What are the elements of a retaliation claim? Are protections against retaliation clearly spelled out in the law or policy?

Yes – Oregon law explicitly provides protection under retaliation for students (and, when under 18, for their parents or guardians) who report suspected violations in good faith. ORS 659.852 (Retaliation against student prohibited) applies to any “educational program” (which includes public school districts, charter schools, community colleges, public universities, career or private schools). OAR 715-011-0060 similarly prohibits retaliation against a student who in good faith reports believed violations in private colleges, career schools, and postsecondary programs.

A student may not be subjected to retaliation for having a good faith reported alleged violation of federal or state law, rule or regulation. When the student is under 18, the parent or guardian may bring this claim. If retaliation occurs, the student or parents/guardian can file a civil lawsuit under ORS 659A.885, which allows for possible compensatory and punitive damages plus attorneys’ fees.

Elements of a claim for retaliation include: 

1. Protected Activity – The student (or parent/guardian if the student is under 18) must have in good faith reported or opposed conduct they reasonably believed violated state or federal law or regulation.

2. Adverse Action (“Retaliation”) – The institution or educational program subjected the student to an adverse consequence. Oregon defines “retaliation” broadly to include suspension, expulsion, disenrollment, grade reduction or denial of transcripts, denial of academic or employment opportunities, exclusion from academic/extracurricular activities, threats or harassment substantially disadvantageous to the student.

3. Casual Connection – The adverse action must have occurred because of the protected activity (i.e., there is a link showing the report triggered the adverse conduct).

4. Claimant Status – Claim can be brought by a student or for those under 18, also by the parent or guardian.

Statute of limitations for filing education-related state civil rights complaints (or state civil rights complaints broadly) or state human rights complaints?

There is a statute of limitations applicable to filing civil-rights based education discrimination complaints under state law. The applicable deadlines depend on the context and type of claim:

• ORS 659.860(3) – Requires that a grievance be filed with the institution’s governing board (e.g. school district, college) within 180 days of the alleged discriminatory act. Once the grievance is filed, the statute provides that any resulting civil action must be filed within 1 year of the grievance filing. 

• ORS 30.275(9) – This statute governs claims against public bodies that are governed by the Oregon Tort Claims Act and establishes a 2-year statute of limitations for actions against public entities for students K-12. This period begins when the plaintiff should reasonably discover the injury. Generally speaking, education-discrimination claims must be filed within 2 years of accrual.

In addition to the foregoing – pursuant to ORS 12.160, tolling can be made the aforementioned limitation periods for students who are minors or have a disability at the time the cause accrues. Equitable tolling may also be applied in limited circumstances, such as misleading conduct or inability to file timely (which is fact-intensive and rare).

Are there areas where the state laws provide more protections than federal law? What are those areas? 

Yes – Oregon state law provides stronger or more expansive civil rights protections in education than federal law in several areas: 

1. Protected Class – Oregon state law has broader categories than federal law. Pursuant to ORS 659.850, Oregon explicitly protects against sexual based orientation, gender identity and marital status discrimination in education, while federal law does not. Oregon’s protections apply regardless of whether the institution receives federal funds, as long as it received state funds.

2. Stronger Retaliation Protections – Under ORS 659.852, Oregon explicitly prohibits retaliation against students (or their guardians) for making good faith complaints about legal violations. While federal laws like Title IX, Section 504 also protects against retaliation, Oregon law applies regardless of whether the underlying claim succeeds, as long as the report was made in good faith. Oregon law also allows private civil actions with damages and attorneys’ fees, more expansive than many federal processes.

3. Gender Identity and LGTBQ+ Protections in Schools – ORS 659.850 and ODE Guidance explicitly recognizes gender identity and transgender student rights in education. Federal protection for transgender students until Title IX has fluctuated depending on federal administration, but Oregon’s protections are codified in state law and enforced consistently. ODE rules allow protected students rights to use facilities consistent with their gender, be addressed by their preferred pronouns/names, and participate in programs in accordance with their gender identity. 

4. Proactive Equity Requirements – Oregon law includes affirmative obligations for schools to promote equity beyond just avoiding discrimination. ORS 581-021-0045 requires school districts to maintain policies that prohibit discrimination and actively promote equal opportunity in all educational programs and services. Oregon’s “Every Student Belongs Rule” (OAR 581-022-2312) goes even further than federal law by prohibiting the use or display of hate symbols in schools and mandating district-level response systems.

5. State Civil Rights Complaint Process: Broader Access – Under ORS 659.850, individuals can file civil rights complaints with the ODE, which can conduct investigations, enforce corrective actions and issue findings without needing to go to federal Office for Civil Rights. This allows for state enforcement of educational civil rights where federal mechanisms are slower and more limited. ODE’s process is free, accessible and can be resolved faster than Office for Civil Rights.

6. Immigrant and Undocumented Student Protections – Oregon Law (via Governor’s Executive Order (see 2017-4 Renewing Oregon’s Commitment to Protecting its Immigrant, Refugee, and Religious-Minority Residents) and ODE Policy) affirms the right of undocumented students to access K-12 education without fear of immigration enforcement. Oregon requires schools to limit cooperation with federal immigration enforcement unless legally compelled, which goes beyond federal law, which does not directly address enforcement risks in schools.