OREGON STATE LAWS RELEVANT TO THE EDUCATION OF TALENTED AND GIFTED STUDENTS

The following pages contain information concerning state laws that relate specifically to the education of TAG students.  State laws are general statements.  Once they have passed the legislature they are interpreted by state agencies which conduct public hearings and then issue Administrative Rules (OARs).  These Rules have the force of law but are more detailed than the Statutes. With regard to enforcement, rules are the same as statutes. If a citation begins with ORS it is a Statute; if it begins with OAR it is an Administrative Rule.

In the following sections you will find

 

If you want to read them yourself or look for other important laws, you will find them on two different websites:

        Oregon Revised Statutes are found on the website for the Oregon State Legislature. Select Volume 9 for Education and Culture

     http://www.oregonlegislature.gov/bills_laws/Pages/ORS.aspx   

        Oregon Administrative Rules by agency can be found at http://sos.oregon.gov/archives/Pages/oregon_administrative_rules.aspx

        Oregon Administrative Rules for the Department of Education can be chosen from that page or found at http://arcweb.sos.state.or.us/pages/rules/oars_500/oar_581/581_tofc.html

 

Many of the relevant OARs are contained in Divisions 21 and 22 of Chapter 581.  However, there are important OARs in other Divisons; for example, Division 20 concerns professional development of teachers and also contains Oregon’s Charter School law. 

These laws represent a commitment that Oregon has made to your children, and a thorough knowledge of them is one of your most important advocacy tools. 

 

OREGON REVISED STATUTES

 ORS  329.015 Educational goals.

 ORS 329.025 Characteristics of school system

     

 The Oregon TAG Mandate (Oregon Revised Statutes)

343.391      Purpose of ORS 343.391 to 343.413

343.395     Definitions for ORS 343.391 to 343.413

343.396     Nature of programs 

343.397     Plan of instruction for talented and gifted children 

343.399     State aid to local districts; criteria 

343.401     Use of funds appropriated for ORS 343.391 to 343.413 

343.404     Funding for program development 

343.407     Identification of talented and gifted students 

343.409     Talented and gifted programs required 

343.411     When identification and programs for certain children required or optional; state guidelines 

 

 

OREGON ADMINISTRATIVE RULES

 

TAG OARs

 

OAR 581-022-2325 Identification of Academically Talented and Intellectually Gifted Students
OAR 581-022-2330 Rights of Parents of Talented and Gifted Students
OAR 581-022-2500 Programs and Services for Talented and Gifted Students

OTHER OARs of INTEREST

 

581-022-2505  Alternative Education Programs

[note: this includes  "Students  ... who do not meet the standards or who exceed all of the standards at any benchmark level" ]

581-022-2270 Individual Student Assessment, Recordkeeping, Grading, and Reporting

[note: This requires districts to "Provide students who have not met or have exceeded the academic content standards with access to additional services and other public school or alternative educational options."]

581-022-2000 Diploma Requirements

581-022-2025 Credit Options

 

COMPLAINT PROCEDURES

ORS 327.102 Standard School Complaints

ORS 327.103 Standard School Presumed: Effect of finding of deficiency

OAR 581-002-0040 Appeal Procedure

OAR 581-022-2370 Complaint Procedures

 

 [See also SUMMARY of Oregon TAG Rules and Complaint Procedure at

http://www.tagpdx.org/summary_of_oregon_tag_rules.htm ]

 

 

OREGON REVISED STATUTES

ORS  329.015 Educational goals.

     (1) The Legislative Assembly believes that education is a major civilizing influence on the development of a humane, responsible and informed citizenry, able to adjust to and grow in a rapidly changing world. Students must be encouraged to learn of their heritage and their place in the global society. The Legislative Assembly concludes that these goals are not inconsistent with the goals to be implemented under this chapter.

    (2) The Legislative Assembly believes that the goals of kindergarten through grade 12 education are:

      (a) To equip students with the academic and career skills and information necessary to pursue the future of their choice through a program of rigorous academic preparation and career readiness;

      (b) To provide an environment that motivates students to pursue serious scholarship and to have experience in applying knowledge and skills and demonstrating achievement;

      (c) To provide students with the skills necessary to pursue learning throughout their lives in an ever-changing world; and

      (d) To prepare students for successful transitions to the next phase of their educational development. [Formerly 326.710; 1995 c.660 3; 2007 c.858 2]

 

      ORS 329.025 Characteristics of school system.

It is the intent of the Legislative Assembly to maintain a system of public elementary and secondary schools that allows students, parents, teachers, administrators, school district boards and the State Board of Education to be accountable for the development and improvement of the public school system. The public school system shall have the following characteristics:

      (1) Provides equal and open access and educational opportunities for all students in the state regardless of their linguistic background, culture, race, gender, capability or geographic location;

      (2) Assumes that all students can learn and establishes high, specific skill and knowledge expectations and recognizes individual differences at all instructional levels;

      (3) Provides each student an education experience that supports academic growth beyond proficiency in established academic content standards and encourages students to attain aspirational goals that are individually challenging;

      (4) Provides special education, compensatory education, linguistically and culturally appropriate education and other specialized programs to all students who need those services;

      (5) Supports the physical and cognitive growth and development of students;

      (6) Provides students with a solid foundation in the skills of reading, writing, problem solving and communication;

      (7) Provides opportunities for students to learn, think, reason, retrieve information, use technology and work effectively alone and in groups;

      (8) Provides for rigorous academic content standards and instruction in mathematics, science, English, history, geography, economics, civics, physical education, health, the arts and world languages;

      (9) Provides increased learning time;

      (10) Provides students an educational background to the end that they will function successfully in a constitutional republic, a participatory democracy and a multicultural nation and world;

      (11) Provides students with the knowledge and skills that will provide the opportunities to succeed in the world of work, as members of families and as citizens;

      (12) Provides students with the knowledge and skills that lead to an active, healthy lifestyle;

      (13) Provides students with the knowledge and skills to take responsibility for their decisions and choices;

      (14) Provides opportunities for students to learn through a variety of teaching strategies;

      (15) Emphasizes involvement of parents and the community in the total education of students;

      (16) Transports children safely to and from school;

      (17) Ensures that the funds allocated to schools reflect the uncontrollable differences in costs facing each district;

      (18) Ensures that local schools have adequate control of how funds are spent to best meet the needs of students in their communities; and

      (19) Provides for a safe, educational environment.

 

The Oregon TAG Mandate (Oregon Revised Statutes 343.391-343.413)


TALENTED AND GIFTED CHILDREN: CONTENTS

 

343.391      Purpose of ORS 343.391 to 343.413

343.395     Definitions for ORS 343.391 to 343.413

343.396     Nature of programs 

343.397     Plan of instruction for talented and gifted children 

343.399     State aid to local districts; criteria 

343.401     Use of funds appropriated for ORS 343.391 to 343.413 

343.404     Funding for program development 

343.407     Identification of talented and gifted students 

343.409     Talented and gifted programs required 

343.411     When identification and programs for certain children required or optional; state guidelines 

343.413     Short title

 

343.391 Purpose of ORS 343.391 to 343.413. The purpose of ORS 343.391 to 343.413 is to facilitate the identification and education of talented and gifted children. [1959 c.528 1; 1963 c.570 21; 1971 c.613 1; 1979 c.385 1]

  343.393 [1959 c.528 11; repealed by 1961 c.500 2] 

 343.395 Definitions for ORS 343.391 to 343.413. As used in ORS 343.391 to 343.413, unless the context requires otherwise:

      (1) “Application” means a request for state funds that is submitted by a school district under ORS 343.399 to develop and operate programs for students under a written plan of instruction for talented and gifted children described in ORS 343.397.

      (2) “Identification” means the formal process of screening and selecting talented and gifted children according to administrative rules established by the board.

      (3) “School district” has the meaning given that term in ORS 330.005 (2). “School district” includes, where appropriate, an education service district, state operated schools or programs or a consortium of school districts submitting a joint application.

      (4) “Talented and gifted children” means those children who require special educational programs or services, or both, beyond those normally provided by the regular school program in order to realize their contribution to self and society and who demonstrate outstanding ability or potential in one or more of the following areas:

      (a) General intellectual ability as commonly measured by measures of intelligence and aptitude.

      (b) Unusual academic ability in one or more academic areas.

      (c) Creative ability in using original or nontraditional methods in thinking and producing.

      (d) Leadership ability in motivating the performance of others either in educational or noneducational settings.

 

      (e) Ability in the visual or performing arts, such as dance, music or art. [1959 c.528 2; 1963 c.570 22; 1965 c.100 409; 1971 c.613 2; 1979 c.385 2; 1987 c.335 1; 2011 c.440 2]

 

      343.396 Nature of programs. It is legislative policy that, when talented and gifted programs are offered, the programs should be provided by common or union high school districts, combinations of such districts or education service districts, in accordance with ORS 334.175, and that the state will provide financial and technical support to the districts to implement the education programs within the limits of available funds. [1979 c.385 8; 1981 c.833 2]

 

      Note: 343.396 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 343 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      343.397 Plan of instruction for talented and gifted children. A school district shall submit to the Superintendent of Public Instruction a written plan of instruction for talented and gifted children. The plan shall include, but not be limited to:

      (1) A statement of school district policy on the education of talented and gifted children;

      (2) An assessment of current special programs and services provided by the district for talented and gifted children;

      (3) A statement of district goals for providing comprehensive special programs and services and over what span of time the goals will be achieved;

      (4) A description of the nature of the special programs and services which will be provided to accomplish the goals; and

      (5) A plan for evaluating progress on the district plan including each component program and service. [1959 c.528 5,6,7; 1963 c.570 23; 1965 c.100 410; 1971 c.613 3; 1979 c.385 3; 2011 c.440 1]

 

      343.399 State aid to local districts; criteria.

     (1) Any school district may apply for state funds for special programs and services for talented and gifted children identified in the district. A school district may apply for state funds by submitting an application to the Superintendent of Public Instruction.

      (2) The superintendent shall annually establish a date after which no further applications for state funds may be submitted under this section.

      (3) The superintendent may approve only applications that comply with ORS 343.391 to 343.413 and rules adopted by the State Board of Education. Any criteria used by the superintendent to evaluate applications shall include, but need not be limited to:

      (a) A statement of the school district’s present level of special educational programs and services for talented and gifted children and how the special educational programs and services contained in the application conform with the school district’s written plan for instruction for talented and gifted children described in ORS 343.397.

      (b) Identification procedures that comply with rules adopted by the board.

      (c) A detailed budget for the program expenditures.

      (d) A description of the individual student assessment and evaluative procedures and tools.

      (e) A justification of special educational services and programs for talented and gifted children identified in the school district in terms of the student assessment and evaluation.

      (f) An evaluation design that meets standards set forth by the Department of Education.

      (4) The superintendent may not approve an application unless the school district agrees to expend district funds for special educational programs for talented and gifted children in an amount equal to or greater than the amount of state funds approved by the superintendent. [1959 c.528 8; 1963 c.570 24; 1965 c.100 411; 1971 c.613 4; 1979 c.385 4; 2011 c.440 3]

 

      343.401 Use of funds appropriated for ORS 343.391 to 343.413.

    (1) Except as provided in ORS 343.404, the funds specifically appropriated for the program under ORS 343.391 to 343.413 shall be distributed only to school districts whose applications submitted to the Superintendent of Public Instruction pursuant to ORS 343.399 have been approved.

      (2) State funds shall be allocated on an approved program cost basis, the amount of which shall be established annually by the State Board of Education.

      (3) School districts shall account for the state funds expended for talented and gifted children identified in the districts on a form acceptable to the Department of Education, as described in rules adopted by the board. [1959 c.528 9; 1963 c.570 24a; 1965 c.100 412; 1971 c.613 5; 1979 c.385 5; 2008 c.39 3; 2011 c.440 4]

 

      343.403 [1959 c.528 10; 1963 c.570 25; repealed by 1965 c.100 456]

 

    343.404 Funding for program.

      (1) The Superintendent of Public Instruction may annually expend funds appropriated for the talented and gifted program to provide administration of and support for the development of talented and gifted education statewide.

      (2) These services may include:

      (a) Teacher training programs and workshops;

      (b) Consultant and technical assistance to districts;

      (c) Small grants to and contracts with school districts, education service districts, colleges and universities and private contractors to produce and disseminate curriculum and instruction materials to other school districts;

      (d) Training and assistance for parents of the talented and gifted children in meeting the educational needs of their children; and

      (e) Contracting for the creation and administration of regional talented and gifted centers to provide services related to talented and gifted programs. [1971 c.613 6; 1979 c.385 6; 1981 c.833 1; 1987 c.335 2; 2008 c.39 4]

 

      343.405 [1963 c.570 22a; repealed by 1965 c.100 456]

 

      343.407 Identification of talented and gifted students. School districts shall identify talented and gifted students enrolled in public schools under rules adopted by the State Board of Education. [1987 c.337 3; 1993 c.45 225]

 

      343.409 Talented and gifted programs required. School districts shall provide educational programs or services to talented and gifted students enrolled in public schools under rules adopted by the State Board of Education. [1987 c.337 4; 1993 c.45 226; 1993 c.749 18]

 

      343.410 [1955 c.658 2; 1961 c.541 1; 1965 c.100 413; 1971 c.96 1; repealed by 1975 c.621 17]

 

      343.411 When identification and programs for certain children required or optional; state guidelines. (1) ORS 343.407 and 343.409 apply to the identification of and provision of special educational programs and services for children described in ORS 343.395 (4)(a) and (b) and rules adopted by the State Board of Education.

      (2) School districts may identify and provide special educational programs and services for children who demonstrate creative abilities, leadership abilities or unusual abilities in the visual or performing arts as described in ORS 343.395 (4)(c), (d) and (e) and rules adopted by the board.

      (3) The board shall adopt state guidelines for the identification and provision of special educational programs and services described in subsection (2) of this section. [1991 c.951 2; 2011 c.440 5]

 

      343.413 Short title. ORS 343.407 to 343.413 shall be known as the Oregon Talented and Gifted Education Act. [1987 c.337 2]

 

     

     343.450 [1955 c.658 8; 1961 c.541 5; 1963 c.570 25b; 1965 c.100 419; repealed by 1975 c.621 17]

 

 

 

OREGON ADMINISTRATIVE RULES (OARs)

 

 

OAR 581-022-2325 Identification of Academically Talented and Intellectually Gifted Students
 

(1) Each school district shall have local district policies and procedures for the identification of talented and gifted students as defined in ORS 343.395 who demonstrate outstanding ability or potential in one or more of the following areas:

(a) General intellectual ability as commonly measured by measures of intelligence and aptitude.

(b) Unusual academic ability in one or more academic areas.

(2) The policies and procedures must meet the following requirements:

(a) Districts shall use  research based best practices to identify students from under-represented populations including: ethnic minorities, students with disabilities, students who are culturally and/or linguistically diverse, or economically disadvantaged.

(b) A team shall make the final decisions on the identification of students using the information collected under paragraphs (c) and (d) of this section. No single test, measure or score shall be the sole criterion. A record of the team's decision, and the data used by the team to make the decision, shall become part of the education record for each student considered.

(c) Districts shall collect behavioral, learning and performance information and include the information in all procedures for the identification of students.

(d) The following measures and criteria for identifying the intellectually gifted and the academically talented shall be used by the team:

(A) Intellectually gifted students shall score at or above the 97th percentile on a nationally standardized test of mental ability; and

(B) Academically talented students shall score at or above the 97th percentile on a test of total reading or a test of total mathematics from a nationally standardized test battery, a nationally standardized test of reading or mathematics, or a test of total  English Language Arts/Literacy or total mathematics on the Smarter Balanced Assessment.

(e) Despite a student's failure to qualify under paragraphs (d) (A) and (B) of this subsection, districts, by local policies and procedures, shall identify students who demonstrate the potential to perform at the 97th percentile.

(3) School districts may identify additional students who are talented and gifted as defined in ORS 343.395, as determined by local district policies and procedures, if the students demonstrate outstanding ability or potential in one or more of the following areas:

(a) Creative ability in using original or nontraditional methods in thinking and producing.

(b) Leadership ability in motivating the performance of others either in educational or non-educational settings.

(c) Ability in the visual or performing arts, such as dance, music or art.

Stat. Auth.: ORS 343.391 - 343.413

Stats. Implemented: ORS 326.051

Hist.: EB 18-1996, f. & cert. ef. 11-1-96; ODE 6-2009, f. & cert. ef. 6-29-09



 

OAR 581-022-2330 Rights of Parents of Talented and Gifted Students

In carrying out the requirements of OAR 581-022-1310 and OAR 581-022-1330, the school district shall:

(1) Inform parents at the time of the identification of the child and the programs and services available.

(2) Provide an opportunity for the parents to provide input to and discuss with the district the programs and services to be received by their child.

(3) The parents may, at any time, request the withdrawal of their child from programs and services provided under OAR
581-022-1320. The school district shall notify parents of identified students of this right.

(4) Parents shall be informed of their right to file a complaint under OAR 581-022-1940.

Stat. Auth.: ORS 326.051
Stats. Implemented: ORS 343.391 - ORS 343.413
Hist.: EB 18-1996, f. & cert. ef. 11-1-96



OAR 581-022-2500 Programs and Services for Talented and Gifted Students

(1) Each school district shall have a written plan for programs and services.

(2) The instruction provided to identified students shall address their assessed levels of learning and accelerated rates of learning.

(3) Assessments for the development of an appropriate academic instructional program shall include the information used by the team for identification purposes and also may include one or more of the following:

(a) An academic history which may include grades, portfolio assessment records or other progress records and achievement information that demonstrates the student's level of learning and rate of learning;

(b) Other evaluation methods such as formal tests or informal assessment methods designed by teachers to determine the
student's instructional level and rate of learning related to specific academic programs;

(c) Student interest, style, and learning preferences information from inventories or interviews; and

(d) Other measures determined by the school district to be relevant to the appropriate academic instructional program for the
student.

Stat. Auth.: ORS 326.051
Stats. Implemented: ORS 343.391 - ORS 343.413
Hist.: EB 18-1996, f. & cert. ef. 11-1-96

 

 

 

 


Complaint Procedures

 

  327.102 Standard school complaints; process; rules. (1) The State Board of Education shall adopt by rule requirements for the process that a school district must use when the district receives a complaint pertaining to whether a school in the district is a standard school as defined in ORS 327.006.

      (2) The rules adopted by the board shall require school districts to establish and implement a process for the prompt resolution of a complaint and shall require the process to:

      (a) Have specific timelines for the completion of the process by both the district and the person making the complaint;

      (b) Have a specific time period within which the district must make a final decision on a complaint, after which the final decision on the complaint may be appealed to the Superintendent of Public Instruction; and

      (c) Recognize that if a district does not provide a written decision within the specific time period, failure to provide such a decision will be regarded as the district’s final decision. [2007 c.519 1]

 

      327.103 Standard school presumed; effect of finding of deficiency; rules. (1) All school districts are presumed to maintain a standard school district until the school district has been found to be deficient by the Superintendent of Public Instruction, pursuant to standards and rules of the State Board of Education.

      (2) If any deficiencies are not corrected before the beginning of the school year next following the date of the finding of deficiency and if an extension has not been granted under subsection (3) of this section, the Superintendent of Public Instruction may withhold portions of State School Fund moneys otherwise allocated to the school district for operating expenses until such deficiencies are corrected unless the withholding would create an undue hardship, as determined pursuant to rules of the State Board of Education.

      (3)(a) Within 90 days of the finding of deficiency, a school district found not to be in compliance shall submit a plan, acceptable to the Superintendent of Public Instruction, for meeting standardization requirements. A team of Department of Education staff shall contact the school district and offer technical assistance. When an acceptable plan for meeting standardization requirements has been submitted, the Superintendent of Public Instruction may allow an extension of time before withholding moneys, not to exceed 12 months, if the superintendent determines that such deficiencies cannot be corrected or removed before the beginning of the next school year.

      (b) Notwithstanding paragraph (a) of this subsection, the Superintendent of Public Instruction may not grant an extension of time if a school district could correct the deficiency through merger.

      (c) For the period of the extension of time under this subsection, the school district shall be considered a conditionally standard school district.

      (4)(a) Regardless of whether the Superintendent of Public Instruction has granted a school district an extension of time under subsection (3) of this section and except as provided in paragraph (b) of this subsection, a school district that fails to submit a plan for meeting standardization requirements within the time specified by the superintendent may not receive further State School Fund moneys until a plan acceptable to the superintendent is submitted.

      (b) Pursuant to rules adopted by the State Board of Education, the Superintendent of Public Instruction may extend the time specified for submitting a plan if the superintendent determines that a human-created disaster or a natural disaster affects the ability of the school district to comply with the date requirement. [Formerly 327.032; 1989 c.491 5; 1991 c.693 32; 1995 c.660 47a; 2003 c.390 1,3; 2009 c.184 4]


[see also]

OAR 581-002-0040 Appeal Procedure

OAR 581-022-2370 Complaint Procedures

 

 

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