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 581-022-1310 Identification of Academically Talented and Intellectually Gifted Students
OAR 581-022-1320 Rights of Parents of Talented and Gifted Students
OAR 581-022-1330 Programs and Services for Talented and Gifted Students

OTHER OARs of INTEREST

 

581-022-1350  Alternative Education Programs

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

581-022-1670 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."]

581-022-1130 Diploma Requirements

581-022-1131 Credit Options

 

COMPLAINT PROCEDURES

ORS 327.102 Standard School Complaints

ORS 327.103 Standard School Presumed: Effect of finding of deficienty

OAR 581-022-1940 Appeal Procedure

OAR 581-022-1941 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 581-022-1310 Identification of Academically Talented and Intellectually Gifted Students

Each school district shall have local district policies and procedures for the identification of talented and gifted students as defined in ORS 343.395(7)(a) and (b):

(1) Districts shall make efforts to identify students from ethnic minorities, students with disabilities, and students who are culturally different or economically disadvantaged.

(2) A team shall make the final decisions on the identification of students using the information collected under sections (3) and (4) of this rule. No single test, measure or score shall be the sole criteria. 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.

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

(4) 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 totalmathematics from a nationally standardized test battery or a nationally standardized test of reading or mathematics.

(5) Despite a student's failure to qualify under subsections (4)(a) and (b) of this rule, districts, by local policies and procedures, shall identify students who demonstrate the potential to perform at the 97th percentile.

(6) School districts may identify additional students who are talented and gifted as defined in ORS 343.395(7)(c), (d), and (e) as determined by local district policies and procedures.

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


 

OAR 581-022-1320 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 581-022-1330 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

 

 

 

OTHER OARs OF INTEREST


581-022-1350  Alternative Education Programs

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

(1) Sections (2)-(9) of this rule apply to each public or private alternative education program approved by a school district board on or after July 1, 2007. For the purposes of this rule, the term "program" includes "school."

(2) In order to provide innovative and more flexible ways of educating children, school districts may establish alternative education options within the public school system.

(3) School districts must adopt policies and procedures for the approval and at least annual evaluation of public and private alternative education programs under ORS 336.615-336.665 (Alternative Education Programs) that receive public funds. Those policies and procedures must provide that:

(a) The district's approval and at least annual evaluation must require that a public alternative program complies with all state statutes, rules and federal law applicable to public schools;

(b) Before contracting with or distributing any public school funds to a private alternative education program, the district must document that:

(A) The program is registered with the Oregon Department of Education (ODE) under the provisions of OAR 581-021-0072 by receiving a copy of the Department's written notice that the program's registration is approved for the current school year;

(B) The ODE has assigned the private alternative program an institution identification number;

(C) Before contracting with or distributing any public school funds to any private alternative education program for special education services identified in a child's IEP, the program is approved by the Department in compliance with OAR 581-015-2270;

(D) The program complies with the individual education plan for each student who is eligible to receive special education services;

(E) An education plan and education profile that meet the requirements of OAR 581-022-1130 are designed and implemented with each student in the program;

(F) The education plan includes criteria for determining if, when, where, and how the student may transition from the alternative program;

(G) A transportation plan is in place ensuring that the program is accessible to each student approved for placement in the program;

(H) The program assists the district in meeting its comprehensive K-12 instructional program in compliance with OAR 581-022-1210;

(I) The program assures that it provides an instruction based on academic content standards adopted by the State Board of Education and that students participate in district and state assessments of achievement for the grade level(s) the program serves;

(J) The program assists students in earning diploma credits consistent with OAR 581-022-1130, 581-022-1134 and 581-022-1135;

(K) The program collects and reports to the district each student's local and state assessment, attendance, behavior, graduation, dropout, and other data required by the district and the state;

(L) Student data is included in the district's at least annual evaluation of the program;

(M) The program complies with federal law; and

(N) If applicable, the private alternative education program is in compliance with its existing district contract.

(4) The contract between a school district and a private alternative education program must state that non-compliance with a rule or statute under this rule (OAR 581-022-1350) will result in the termination of the contract, and suspension or revocation of registration by the Department will terminate the district's contract with the private alternative program and that the private alternative education program's annual statement of expenditures is reviewed in the districts' evaluation in accordance with ORS 336.635(2).

(5) School districts shall adopt policies and procedures to approve placing students in district approved public alternative education programs and district approved private alternative education programs. Such policies and procedures must ensure that:

(a) Students placed in alternative education programs are those whose educational needs and interests are best served by participation in such programs and will include:

(A) Students identified pursuant to ORS 339.250:

(i) Who are being considered for suspension or expulsion pursuant to ORS 339.250;

(ii) Who have been suspended or expelled pursuant to ORS 339.250;

(iii)) Whose attendance patterns have been found to be so erratic that the students are not benefiting from the regular educational program; or

(iv) Who have had a second or subsequent occurrence within any three-year period of a severe disciplinary problem;

(B) Students identified pursuant to ORS 329.485 and OAR 581-022-1110(5) who do not meet the standards or who exceed all of the standards at any benchmark level;

(C) Students admitted to the district pursuant to ORS 339.115 who have not yet turned 21 prior to the start of the school year and who need additional instruction to earn a diploma in compliance with OAR 581-022-1130;

(D) Students whose parents or legal guardians apply for the student's exemption from compulsory attendance on a semiannual basis as provided in ORS 339.030 and OAR 581-021-0076; and

(E) Others who are individually approved for placement consistent with the district's board policies regarding the placement;

(b) Placement of a student in a public or private alternative education program may be made only if:

(A) The student is a resident of the district and the district has legal responsibility for the student's education consistent with ORS 327.006(7);

(B) After assessing the student's needs and interests and consulting with the parent or guardian, the district determines that the student is not benefiting, has not benefited, or will not benefit from attendance in other district schools or programs;

(C) The alternative program is determined by the district to best serve the student within local and state academic standards; and

(D) Placement in the program is made consistent with the student's education plan pursuant to OAR 581-022-1120(3)(a) and (b) and 581-022-1130(3) and with district policies and procedures;

(c) Placement in a public or private alternative education program must be made with the approval of the student's resident school district and attending school district; and

(d) Payment to private alternative education providers must be the actual cost of the program or an amount at least equivalent to 80 percent of the district's estimated current year's average per student net operating expenditure, whichever is less.

(6) A school district must adopt policies and procedures for notification of students, parents or guardians of students of:

(a) The law regarding alternative education programs;

(b) The availability of existing alternative education programs; and

(c) The procedures for students, parents, or guardians of students residing in the district to request the establishment of new alternative education programs.

(7) School districts must include opportunities for participation by educators, community members, and parents or guardians in the development of policies and procedures under this rule.

(8) School districts must have policies and procedures in place to ensure that, for the purposes of making claims for state school funds;

(a) Students enrolled in a public school district and receiving instruction in the district's comprehensive planned K–12 curriculum consistent with OAR 581-022-1210 and who are individually placed by the school district in an alternative education programs are accounted consistent with 581-023-0006(7);

(b) Students supplementing home or private schooling by attending part-time and receiving less than comprehensive education from the district are accounted consistent with OAR 581-023-0006(6)(a);

(c) Students receiving online instruction are accounted consistent with reporting guidelines published in the Oregon Student Personnel Accounting Manual, and

(d) Activities claimed for state school funds and credits awarded in the alternative education program consistent with OAR 581-023-0008 are approved by the district and by the contract between a private alternative program and the district.

(9) School districts must have policies and procedures in place to ensure that data for each student in public and private alternative education programs are included in district reporting as required by ODE.

Stat. Auth.: ORS 326.051, 327.125, 336.625 & 336.645
Stats. Implemented: ORS 327.006, 329.485, 336.615 - 336.665, 329.485, 339.115, 339.030 & 339.250
Hist.: EB 18-1996, f. & cert. ef. 11-1-96; ODE 2-1998, f. & cert. ef. 2-27-98; ODE 4-2003, f. & cert. ef. 3-14-03; ODE 12-2007, f. & cert. ef. 4-25-07; ODE 20-2007, f. & cert. ef. 9-10-07; ODE 25-2008, f. & cert. ef. 9-26-08

 

OAR 581-022-1670 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."]

(1) As used in this rule:

(a) “Continuum of knowledge and skills” means the Oregon Academic Content Standards.

(b) “Proficiency” means demonstrated knowledge and skills which meet or exceed defined levels of performance.

(2) Each school district shall assess and record each student's progress and achievement in all subject areas of instruction and to academic content standards consistent with ORS 329.045 and OAR 581-022-1210:

(a) At a minimum, provide all teachers of reading/language arts and mathematics in grades in which the State administers assessments in those subjects with student performance data, including growth data on their current students and students they taught in the previous year in a manner that is timely and informs instructional programs.

(b) Instruments and/or strategies used to determine student progress may assess multiple standards;

(c) Results from the assessment instruments and/or strategies may be used as a record of achievement level; and

(d) Records of student performance may be kept in teacher grade books, student folders, portfolios, or similar devices.

(3) Each school district shall assist teachers in adapting instruction and curriculum to meet the needs and learning rates of all students in achieving proficiency in the academic content standards. Districts must:

(a) Provide multiple opportunities for students to demonstrate mastery of academic content standards through sufficient and appropriate assessment evidence.

(b) Continue to provide opportunities for students who have met standards to advance their learning.

(c) 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.

(4) Each school district shall annually report progress towards completion of diploma requirements to parents of students in grades 9–12, including credits earned, demonstration of extended application, and demonstration of the Essential Skills.

(5) Each school district shall adopt a grading system based on the local district board adopted course content aligned to the academic content standards consistent with Section (2) of this rule. The grading system shall:

(a) Clearly show the student and parents whether the student is achieving course requirements at the student’s current grade level;

(b) Be based on the student’s progress toward becoming proficient in a continiuum of knowledge and skills; and

(c) Assure that the student’s academic grade reflects his/her academic performance consistent with OAR 581-021-0022; behavioral performance shall be reported separately.

(6) Each school district shall report at least annually on student progress to meeting or exceeding grade-level academic content standards to parents or guardians of all students in grades K-12 including, but not limited to, the following:

(a) Information on progress in each subject area (e.g., grades, checklists, folders, etc.) including major goals used to determine such information;

(b) Upon request from a parent or guardian, specific evidence of student progress on the continuum of knowledge and skills (academic content standards) of a subject area and

(c) Student scores on all state and local assessments indicating any of the requirements that have been waived for the school district or the individual and the time periods for the waiver.

(7) Each school district shall maintain student records under the student's legal name and SSID or establish a cross-reference system to locate the student's records by use of the student's legal name, for time periods consistent with state archive rules as outlined in OAR 166-400-0060.

Stat. Auth.: ORS 326.051
Stats. Implemented: ORS 326.051
Hist.: EB 18-1996, f. & cert. ef. 11-1-96; ODE 18-2002, f. & cert. ef. 6-10-02; ODE 25-2008, f. & cert. ef. 9-26-08; ODE 7-2013, f. & cert. ef. 2-20-13

 

 

 

581-022-1130  Diploma Requirements

 

(1) Each district school board and public charter school with jurisdiction over high school programs shall award diplomas to all students who fulfill all state requirements as described in sections (2) to (11) of this rule and all local school district requirements as described in district school board policies or all public charter school requirements as described in the policies or charter of the public charter school.

(2) Unit of Credit Requirements for students graduating before July 1, 2009:

(a) Each student shall earn a minimum of 22 units of credit to include at least:

(A) English Language Arts -- 3 (shall include the equivalent of one unit in Written Composition);

(B) Mathematics -- 2;

(C) Science -- 2;

(D) Social Sciences 3 -- (including history, civics, geography and economics (including personal finance);

(E) Health Education -- 1;

(F) Physical Education -- 1;

(G) Career and Technical Education, The Arts or Second Language -- 1 (one unit shall be earned in any one or a combination).

(b) A district school board or public charter school with a three-year high school may submit through the waiver process alternative plans to meet unit requirements;

(c) A district school board or public charter school may increase the number of units required in specific areas, and may increase or decrease the number of elective units; however, the total units of credit required for graduation shall not be less than 22;

(d) A school district or public charter school may grant high school credit for courses taken prior to grade 9 if students taking pre-grade 9 courses are required to meet performance criteria that are equivalent to the performance criteria for students taking the same high school courses;

(e) Course syllabi shall be written for courses in grades 9 through 12 and shall be available to students, staff, parents, the district school board and other interested individuals.

(3) Except as provided in section (4) of this rule, Unit of Credit Requirements for students graduating on or after July 1, 2009 and who were first enrolled in grade 9 prior to the 2008-2009 school year:

(a) Each student shall earn a minimum of 24 units of credit to include at least:

(A) English Language Arts -- 4 (shall include the equivalent of one unit in Written Composition);

(B) Mathematics -- 3;

(C) Science -- 2;

(D) Social Sciences 3 -- (including history, civics, geography and economics (including personal finance);

(E) Health Education -- 1;

(F) Physical Education -- 1;

(G) Career and Technical Education, The Arts or Second Language -- 1 (one unit shall be earned in any one or a combination).

(b) A district school board or public charter school with a three-year high school may submit through the waiver process alternative plans to meet unit requirements;

(c) A district school board or public charter school may increase the number of units required in specific areas, and may increase or decrease the number of elective units; however, the total units of credit required for graduation shall not be less than 24;

(d) A school district or public charter school may grant high school credit for courses taken prior to grade 9 if students taking pre-grade 9 courses are required to meet performance criteria that are equivalent to the performance criteria for students taking the same high school courses;

(e) Course syllabi shall be written for courses in grades 9 through 12 and shall be available to students, staff, parents, the district school board and other interested individuals.

(4) Notwithstanding sections (2) and (3) of this rule, for students who began grade 9 during the 2005-2006 school year and who attended school during the 2006-2007, 2007-2008 and 2008-2009 school years, the unit of credits required for graduating is as described in section (2) of this rule if the student graduates prior to July 1, 2010.

(5) Unit of Credit Requirements for students who were first enrolled in grade 9 during the 2008-2009 or 2009-2010 school year:

(a) Each student shall earn a minimum of 24 units of credit to include at least:

(A) English Language Arts -- 4 (shall include the equivalent of one unit in Written Composition);

(B) Mathematics -- 3;

(C) Science -- 3;

(D) Social Sciences 3 -- (including history, civics, geography and economics (including personal finance));

(E) Health Education -- 1;

(F) Physical Education -- 1;

(G) Career and Technical Education, The Arts or Second Language -- 3 (units shall be earned in any one or a combination).

(b) A district school board or public charter school with a three-year high school may submit through the waiver process alternative plans to meet unit requirements;

(c) A district school board or public charter school may increase the number of units required in specific areas, and may increase or decrease the number of elective units; however, the total units of credit required for graduation shall not be less than 24;

(d) A school district or public charter school may grant high school credit for courses taken prior to grade 9 if students taking pre-grade 9 courses are required to meet performance criteria that are equivalent to the performance criteria for students taking the same high school courses;

(e) Course syllabi shall be written for courses in grades 9 through 12 and shall be available to students, staff, parents, the district school board and other interested individuals.

(6) Unit of Credit Requirements for students who were first enrolled in grade 9 during the 2010-2011 school year or first enrolled in grade 9 in any subsequent school year:

(a) Each student shall earn a minimum of 24 units of credit to include at least:

(A) English Language Arts -- 4 (shall include the equivalent of one unit in Written Composition);

(B) Mathematics -- 3 (shall include one unit at the Algebra I level and two units that are at a level higher than Algebra I);

(C) Science -- 3;

(D) Social Sciences 3 -- (including history, civics, geography and economics (including personal finance);

(E) Health Education -- 1;

(F) Physical Education -- 1;

(G) Career and Technical Education, The Arts or Second Language -- 3 (units shall be earned in any one or a combination).

(b) A district school board or public charter school with a three-year high school may submit through the waiver process alternative plans to meet unit requirements;

(c) A district school board or public charter school may increase the number of units required in specific areas, and may increase or decrease the number of elective units; however, the total units of credit required for graduation shall not be less than 24;

(d) A school district or public charter school may grant high school credit for courses taken prior to grade 9 if students taking pre-grade 9 courses are required to meet performance criteria that are equivalent to the performance criteria for students taking the same high school courses;

(e) Course syllabi shall be written for courses in grades 9 through 12 and shall be available to students, staff, parents, the district school board and other interested individuals.

(7) Each student shall demonstrate proficiency in essential skills adopted by the State Board of Education as provided in OAR 581-022-0615;

(8) School districts shall develop a process that provides each student the opportunity to develop an education plan and build an education profile in grades 7 through 12 with adult guidance. The plan and profile shall be reviewed and updated periodically (at least annually) and be supported by a Comprehensive Guidance Program as defined in OAR 581-022-1510.

(9) Each student shall develop an education plan and build an education profile.

(a) Each student shall develop an education plan that:

(A) Identifies personal and career interests;

(B) Identifies tentative educational and career goals and post high school next steps (i.e. college, workforce, military, apprenticeship, other);

(C) Sets goals to prepare for transitions to next steps identified in section (7)(b);

(D) Designs, monitors and adjusts a course of study that meets the interest and goals of the student as described in subsection (a) (A), (B) and (C) of this rule that includes but is not limited to:

(i) Appropriate coursework and learning experiences;

(ii) Identified career-related learning experiences; and

(iii) Identified extended application opportunities.

(b) Through the education profile each student shall:

(A) Monitor progress and achievement toward standards including:

(i) Content standards;

(ii) Essential skills;

(iii) Extended application standard; and

(iv) Other standards where appropriate (e.g. industry standards).

(B) Document other personal accomplishments determined by the student or school district.

(C) Review progress and achievement in subsection (b)(A) and (B) of this subsection at least annually.

(10) Each student shall build a collection of evidence, or include evidence in existing collections(s), to demonstrate extended application (as defined in OAR 581-022-0102);

(11) Each student shall participate in career-related learning experiences outlined in the education plan (as defined in OAR 581-022-0102);

(12) Notwithstanding sections (1) to (11) of this rule, each district school board or public charter school governing board with jurisdiction over high school programs shall award a modified diploma to those students who have demonstrated the inability to meet the full set of academic content standards even with reasonable modifications and accommodations and who fulfill all requirements as described in OAR 581-022-1134.

(13) Notwithstanding sections (1) to (11) of this rule, each district school board or public charter school governing board with jurisdiction over high school programs shall award an extended diploma to those students who have demonstrated the inability to meet the full set of academic content standards even with reasonable modifications and accommodations and who fulfill all requirements as described in OAR 581-022-1133.

(14) Notwithstanding sections (1) to (11) of this rule and as provided in OAR 581-022-1135, schools districts and public charter schools shall make an alternative certificate available to students as an alternative for students who do not obtain the regular diploma, modified diploma or extended diploma.

(15) Attendance Requirements:

(a) Twelve school years shall be required beginning with grade 1, except when the school district adopts policies providing for early or delayed completion of all state and school district credit and performance requirements;

(b) Notwithstanding subsection (a) of this section, a student may satisfy the requirements of sections (2)(6) of this rule in less than four years. If the school district or public charter school has the consent of the student’s parent or guardian, a school district or public charter school shall award a diploma to a student upon request from the student, if the student satisfies the requirements for the diploma that apply to the student based on the date of graduation of the student or the school year when the student first enrolled in grade 9, as applicable.

(c) If a school district or public charter school has the consent of a student’s parent or guardian, the school district or public charter school may advance the student to the next grade level if the student has satisfied the requirements for the student’s current grade level.

(d) The requirement for obtaining the consent of a student’s parent or guardian under subsections (b) and (c) of this section does not apply to a student who is:

(A) Emancipated pursuant to ORS 419B.550 to 419B.558; or

(B) 18 years of age or older.

(e) The district school board may adopt policies for alternative learning experiences, such as credit by examination and credit for off-campus experiences;

(f) With any modification of the attendance requirements for graduation, school district and public charter school staff shall consider age and maturity of students, access to alternative learning experiences, performance levels, school district or public charter school guidelines and the wishes of parents and guardians.

(16) A school district or public charter school shall ensure that students have access to the appropriate resources to achieve a diploma at each high school in the school district or at the public charter school.

Stat. Auth.: ORS 326.051 & 329.451
Stats. Implemented: ORS 326.051, 329.451 & 339.280
Hist.: EB 2-1997, f. 3-27-97, cert. ef. 9-1-97; ODE 12-2002, f. & cert. ef. 4-15-02; ODE 18-2006, f. 12-11-06, cert. ef. 12-12-06; ODE 18-2007, f. & cert. ef. 9-10-07; ODE 18-2008, f. & cert. ef. 6-27-08; ODE 5-2009(Temp), f. 6-29-09, cert. ef. 6-30-09 thru 12-22-09; ODE 20-2009, f. & cert. ef. 12-10-09

 

 

OAR 581-022-1131: Credit Options

 

(1) A school district or public charter school shall grant required and elective credit towards the diploma or a modified diploma, provided the method for accruing such credit is described in the student's personal education plan and the student earns the credit by meeting the requirements of one or more of the options described in this rule.

(2) Each school district or public charter school shall offer students the option for earning each credit required for the diploma or a modified diploma by successfully completing classroom or equivalent work (e.g., supervised independent study, career-related learning experiences, project based learning) in a course of at least 130 clock hours in accordance with OAR 581-022-0102. The classroom or equivalent work must meet Common Curriculum Goals and academic content standards required by OAR 581-022-1210.

(3) In addition to the option of earning credit required by section (2) of this rule, a school district or charter school may offer one or more of the options described in section (4) of this rule for earning credits. The school district or charter school must identify by district or school policy which options are available to students for earning credits.

(4) A school district or charter school may grant credit to a student if the student demonstrates defined levels of proficiency or mastery of recognized standards (e.g., state academic content standards and essential skills, industry-based or other national or international standards) by any one or more of the following options:

(a) Successfully completes classroom or equivalent work designed to measure proficiency or mastery of identified standards (knowledge and skills) in class or out of class, where hours of instruction may vary;

(b) Successfully passes an appropriate exam designed to measure proficiency or mastery of identified standards (knowledge and skills);

(c) Provides a collection of work or other assessment evidence which demonstrates proficiency or mastery of identified standards (knowledge and skills); and

(d) Provides documentation of prior learning activities or experiences which demonstrates proficiency or mastery of identified standards (knowledge and skills) (e.g., certification of training, letters, diplomas, awards, etc.); or

(e) Successfully completes a combination of the options set out in section (2) and this section of this rule.

Stat. Auth.: ORS 326.051
Stats. Implemented: ORS 326.051
Hist.: ODE 4-2003, f. & cert. ef. 3-14-03; ODE 2-2009, f. & cert. ef. 4-23-09

 


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]


 

OAR 581-022-1940:  Appeal Procedure

 

(1) A complainant may direct an appeal of a final decision by a school district to the State Superintendent of Public Instruction if:

(a) The complaint alleges a violation of standards of the Oregon Administrative Rules, chapter 581, division 022; or

(b) A violation of other statutory or administrative rule requirements for which the State Superintendent has appeal responsibilities.

(2) The appeal must be in writing and contain:

(a) The name and address of the person bringing the appeal, and the district in which that person resides;

(b) The name and address of the district which is alleged to have violated standards; and

(c) A brief statement indicating each standard the district is alleged to have violated and how the district is alleged to have violated it.

(3) A decision is deemed final if:

(a) The district has failed to comply with the procedural time limits in its written complaint process;

(b) In a multi-step district complaint process, the district fails to render a written decision within 30 days of the submission of the complaint at each step; or

(c) The district fails to resolve a complaint within 90 days of the initial filing of a written complaint, regardless of the number of steps in the district complaint process.

(4) Upon receipt of the appeal the State Superintendent will determine whether a violation of standards has been properly alleged and the requirements of section (2) of this rule have been satisfied.

(a) If the State Superintendent determines that the facts of complaint, if true, would be a violation of a standard, the appeal will be accepted and the procedures listed in this rule in the following sections will be applied;

(b) If the State Superintendent determines that the complaint, even if true, would not violate a standard, the appeal will not be accepted. In either case, the State Superintendent will give notice of the determination to the complainant and the school district.

(5) Within 30 days of receipt of notice of the State Superintendent's acceptance of the appeal, the district shall submit a written report with the State Superintendent which shall include:

(a) A statement of facts;

(b) A statement of district action, if any, taken in response to the complaint, or if none was taken, the reason(s) therefore;

(c) A stipulation, if one was reached, of the settlement of the complaint; and

(d) A list of any complaints filed with another agency by the party, concerning the subject of the appeal.

(6) The State Superintendent may for good cause extend the time for the filing of a report by the district.

(7) Upon receipt of the district's report, the State Superintendent will investigate the allegations of the complaint to the extent necessary including but not limited to:

(a) Authorizing an on-site investigation; and

(b) Conducting interviews, meetings and surveys and reviewing documents, data and district procedures.

(8) The State Superintendent will issue a written decision within 60 days of receiving the district's report that addresses each allegation in the complaint and contains reasons for the State Superintendent's decision as to whether or not the district is deficient. If the schools of the district are not open during the 60-day period due to summer vacation, the decision shall be issued within 60 days after the beginning of the school year.

(9) Notwithstanding section (8) of this rule, the State Superintendent may extend the time period for issuing a written decision on a complaint to a time period that is more than 60 days if the State Superintendent has the consent of the complainant and the allegation concerns a comprehensive or widespread deficiency and more extensive investigation is needed than may be reasonably completed within 60days. The State Superintendent shall prepare a timeline and plan for investigation and provide copies to the complainant and district within two weeks of receiving the district's report.

(10) If a deficiency is found, the State Superintendent's written decision will include any necessary corrective action to be undertaken by the district as well as any documentation to be supplied to ensure that the corrective action has occurred.

(11) If a deficiency is not corrected, the provisions of ORS 327.103 will apply.

Stat. Auth.: ORS 326.051
Stats. Implemented: ORS 327.103 & 326.051
Hist.: EB 18-1996, f. & cert. ef. 11-1-96; ODE 31-2007, f. & cert. ef. 12-12-07

 

 

OAR 581-022-1941:  Complaint Procedures

 

(1) Each school district must establish a process for the prompt resolution of a complaint by a person who resides in the district or by any parent or guardian of a student who attends school in the school district. The process must be in writing and state clearly who within the school district has the responsibility for responding to the complaint.

(2) A school district's complaint procedure must specify the time period during which the complaint will be addressed and a final decision issued. If the complaint procedure has multiple steps, the procedure must establish the time period for each step as well as the overall time period for completing the procedure.

(3) A school district's complaint procedure may distinguish between those complaints that may be appealed under OAR 581-022-1940 and other complaints.

(4) A school district's complaint procedure may include mediation or other alternative dispute resolution processes.

(5) The procedure for hearing and acting on complaints that may be appealed under OAR 581-022-1940 must include the following:

(a) A point at which the decision is final;

(b) A provision for the complainant receive written notice that the district's decision may be appealed to the State Superintendent of Public Instruction under OAR 581-022-1940; and

(c) A written decision that clearly establishes the legal basis for the decision, findings of fact and conclusions of law.

Stat. Auth.: ORS 326.051
Stats. Implemented: ORS 327.103 & 326.051
Hist.: ODE 31-2007, f. & cert. ef. 12-12-07

 

 

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