5001 Prohibition on Race and Sex Discrimination in Curriculum and Instruction

Race and Sex Discrimination Prohibited

The district does not engage in and prohibits discrimination on the basis of race or sex in the form of bias, stereotyping, scapegoating, classification, or the categorical assignment of traits, morals, values, or characteristics based solely on race or sex. The district does not and shall not engage in race or sex-based discriminatory acts through utilizing these methods which can result in treating individuals differently on the basis of race or sex or can result in the creation of a hostile environment.

As an accredited State of Oklahoma public school, the district is required to teach students history, social studies, English language arts, biology, and other subject matter areas consistent with the Oklahoma Academic Standards as adopted and approved by the State Board of Education and Oklahoma Legislature. In the performance of this obligation, no teacher, administrator, or other employee of the district shall require, or make part of a course, the following concepts or principles (the “Prohibited Concepts”):

•          One race or sex is inherently superior to another race or sex.

•          An individual, by virtue of his or her sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously.

•          An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex.

•          Members of one race or sex cannot and should not attempt to treat others without respect due to race or sex.

•          An individual’s moral character is necessarily determined by his or her race or sex.

•          An individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex.

•          An individual should fee discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex.

•          Meritocracy or traits, such has a hard work ethic, (a) are racist or sexist, or (b) were created by members of a particular race to oppress members of another race.

 

Importantly, none of the Prohibited Concepts shall prevent the teaching of principles that align to the Oklahoma Academic Standards.

Further Prohibitions to Ensure Compliance Additionally, the district does not and shall not:

•          Provide, contract to provide, or sponsor any course ¹ that includes, incorporates, or is based on any of the Prohibited Concepts.

•          Use any public or private funds, property, or other assets or resources to engage in race or sex-based discrimination, including the Prohibited Concepts.

•          Adopt programs or utilize textbooks, instructional material, curriculum, classroom assignments, orientation, interventions, or counseling that include, incorporate, or are based on the Prohibited Concepts.

•          Execute contracts or agreements with internal or external entities, persons, companies, or businesses to provide services, training, professional development, or any other assistance that includes, incorporates, or is based on the Prohibited Concepts.

•          Receive or apply to receive monies, including state, federal or private funds, that require, as a condition of receipt, the adoption of courses, policies, curriculum, or any other instructional material that includes, incorporates, or is based on the Prohibited Concepts.

•          Mandate diversity training that includes, incorporates, or is based on discriminatory practices identified in the Prohibited Concepts. This includes providing such training to employees, contractors, staff members, parents, students, or any other individual or group.

•          Adopt policies, including grading or admissions policies, or provide any other benefit or service that applies to students or any school employee differently on the basis of race or sex, unless specifically permitted by Title IX of the Education Amendments of 1972. Except as permitted by Title IX in specific circumstances, this prohibition includes segregated classes, programs, training sessions, extracurricular activities, or affinity groups.

•          Require students to complete surveys, or use the results of surveys, to teach discriminatory concepts

 

1              For the purposes of this policy, “course” means any forum where instruction or activities tied to the instruction are provided, including courses, training, seminars, professional development, lectures, sessions, coaching, tutoring, or any other class identified in this policy;

•          Join any group or association that requires, as a condition of membership, teachers, administrators or other employees of a school district, charter school, or virtual charter school to teach, provide instruction, or offer a course that includes, incorporates, or is based on discriminatory practices identified in this policy and violate state law.

Parent Right to View and Inspect Instructional Materials

Parents and legal guardians of students shall have the right to inspect curriculum, all instructional matters used by the district as part of the education curriculum, classroom assignments, and lesson plans to ensure compliance with this Policy. This right of inspection is subject to any applicable limitations contained in existing law, including Oklahoma’s Open Records Act (OKLA. STAT. tit. 51 §§ 24A.1-24A.32). Consistent with 25 O.S. § 2002, the district shall not interfere with or infringe upon the fundamental rights of parents to determine their child’s education.

Reporting and Complaint Procedures

Any parent, student, teacher, district employee, or member of the public may file a Complaint alleging a violation of this Policy, which addresses the provisions of OKLA. STAT. tit. 70, § 24-157, and regulations regarding it adopted by the State Department of Education. To be accepted for investigation, the Complaint must:

1.       be submitted in writing;

2.       be dated;

3.       contain the handwritten or electronic signature of the complainant;

4.       identify the date(s) the alleged discriminatory act occurred, and

5.       explain the alleged violation(s)/discriminatory conduct and how Section 24-157 or administrative regulation thereto as been violated;

6.       identify witnesses the district may interview, if applicable, provided the district will not dismiss a complaint for failure to identify witnesses.

The district has designated the following individual(s) to receive reports of alleged violation(s)/discriminatory conduct (referred to as the “Section 24-257 Coordinator”):

Executive Director of Secondary Education
Lead Section 24-157 Coordinator
8506 E. 61st St., Tulsa, OK 74133
(918) 357-4321

Executive Director of Elementary Education
Deputy Section 24-157 Coordinator
8506 E. 61st St., Tulsa, OK 74133
(918) 357-4321

The Section 24-157 Lead or Deputy Coordinator shall, within ten (10) days of receipt of the Complaint, notify the complainant that the Complaint has been received, whether it is legally sufficient (i.e., contains the mandatory information set forth above) and whether it will be investigated. The district shall ensure the employee(s) responsible for receiving and investigating complaints are unbiased and free from any conflicts of interest.

Investigation and Determination of Complaint

Within forty-five (45) days of receipt of a Complaint accepted for investigation, the Section 24-157 Lead or Deputy Coordinator will be responsible for ensuring that the district investigates and makes a determination as to whether a violation has occurred. The complainant will be notified of the district’s determination of the Complaint, as well as the district’s findings of whether a violation occurred.

Options for Filing Complaint

In lieu of filing a Complaint with the district, a complainant may file a Complaint directly with the State Department of Education. A complainant may not file a Complaint simultaneously with the district and State Department of Education. Additionally, a complainant who believes that the district has incorrectly refused to investigate a Complaint or has evidence that the district has reached an incorrect determination may file a Complaint with the State Department of Education upon conclusion of the district-based complaint process.

With regard to Complaints made to the district, the Section 24-157 Lead or Deputy Coordinator is required to report each Complaint to the State Department of Education with ten (10) days of resolution of the Complaint.

Anti-Retaliation

No individual shall be retaliated against for (1) filing a Complaint alleging a violation/discriminatory conduct prohibited by Section 24-157 or any regulation related to it with the district or the State Department of Education, or (2) exercising any right or privilege conferred by Section 24-157 or any regulation related to it, (3) exercising any right or privilege secured by a law referenced in Section 24-157 or any regulation related to it. The district shall be prohibited from retaliating against any student, parent, district employee or any other individual for filing a complaint of exercising any right conferred by or referenced in Section 24-157 or any regulation related to it.

Any school employee who retaliates against a complainant shall be subject to disciplinary action by the district, in accordance with district employee disciplinary policies, and the State Department of Education and State Board of Education. The State Department of Education shall be authorized to investigate complaints or retaliation filed pursuit to Section 24-157 or any regulation related to it.

Whistleblower Protection

Any teacher who files a complaint alleging a violation/discriminatory conduct prohibited by Section 24-157 or any regulation related to it with the district or the State Board of Education, or otherwise discloses information the teacher reasonably believes evidences a violation of Section 24-157 or any regulation related thereto shall be entitled to the Whistleblower Protections in applicable laws, including those at OKLA. STAT. tit. 70, § 6-101.6b.

False Reporting

Any teacher or other school employee who willfully, knowingly and without probable cause makes a false complaint alleging a violation/discriminatory conduct prohibited by Section 24-157 or any regulation related thereto with the district or State Board of Education shall be subject to disciplinary action in accord with the district’s employee conduct policies and by the State Department of Education and State Board of Education.

Complaints by School Staff

Any school employee who is discriminated against by the district in the form of race, sex-based harassment, bias, stereotyping, scapegoating, classification, or the categorial assignment of traits, morals, values, or characteristics based solely on race or sex in violation of Section 24-157, may file an employment discrimination complaint with the Oklahoma Attorney General’s Office of Civil Rights Enforcement.

References: OKLA. STAT. tit. 70, § 24-157

OKLA. ADMIN. CODE § 210: 10-1-23

Policy Adopted 12/11/23