Summary of Oregon TAG rules and complaint procedures:



As an Oregon student your gifted child has the right to:


  • A district process for the identification of talented and gifted students in grades k-12 by a trained team using evidence-based practices that minimize bias. Multiple modes of identification must be available.  (OAR 581.022.2325, sect. 1)


  • Use of more than one piece of information or test score in making the decision on whether to identify your student as Talented and Gifted.  No single test or piece of evidence may make a student ineligible.(OAR 581-022-2325(c))


  • An assessment that informs a plan of instructon. (OAR 581-022-2325, sect. 2(e))


  • Participation in the planning for programs and services.(OAR 581-022-2500 sect.1 (e))


  • Instruction at his or her ASSESSED LEVEL of learning (OAR 581-022-2500, sect. 3)


  • Instruction at his or her ACCELERATED RATE of learning. (OAR 581-022-2500, sect. 3)


  • Timely provision of services

--within two weeks of the beginning of the school year for previously identified students,

--within 30 school days of the initial identification for transfer students and newly referred students

--no later than the end of the first nine weeks for all enrolled TAG students.[1]



As an Oregon parent, you have the right to:






·         Withdraw your child from TAG services at any time and be notified of this right. (OAR 581-022-2330, sect. 3)









Oregon School Districts must:









Complaint Procedure















[1]Superintendent of Public Instruction for the State of Oregon, Final Findings of Fact and Recommendation in the Matter of Standards Appeal Against Portland Public Schools.  Case no. #581.022-1940-97-2  


[2]Laura Pehkonen, Oregon Department of Education TAG specialist, letter to Amy Welch, Portland Public Schools, Dec. 4, 2002


[3]OAR 581-021-0030 sect. 2 “(a) Before administering individual intelligence tests (as opposed to group intelligence tests) and all tests of personality to children in public schools, districts shall inform parents as to the purpose of testing; and the parents' written permission shall be obtained. In homes where the predominant language spoken is not English, the communications on the purpose of testing should be in the language spoken in the home;

(b) When a school district believes it is not feasible to comply with subsection (2)(a) of this rule, it may petition the Department of Education for a waiver in accordance with the procedure contained in the State Standards for Oregon Public Schools. Stat. Auth.: ORS 326 & ORS 336.” 


[4]The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99)  See also OAR 581-021-0270



This page was compiled by Margaret DeLacy on March 15, 2014