Timeline of the Portland TAG Appeal
LAW FOR TAG CHILDREN, passed 1987, to be implemented 1990-1992,
revised 1995.revised again in 2022
WHAT LAW SAYS (2022)
IDENTIFY Academically Talented and Intellectually Gifted Students
ASSESS: across required curriculum
INSTRUCT at "assessed levels of learning and accelerated
rates of learning"
GIVE PARENTS information, access right to withdraw. Provides for Appeals at State level
WHAT THE LAW DOES NOT ADDRESS
Where instruction takes place “classroom instruction”
PORTLAND'S RESPONSE TO TAG MANDATE
Close TAG centers, end “pull out program”
Classroom teachers given responsibility for services for individual students
Principals responsible for implementing mandate in schools.
DTAC (TAG advisory committee) expresses concerns about this policy
DTAC parent survey suggests widespread dissatisfaction.
DTAC Subcommittee writes position paper, approved by committee APRIL 1996
SCHOOL BOARD RESPONSE
Board subcommittee adopts an edited version as the “Framework” for TAG services, (approved by Board June 1996 as official district tag policy)
TAG dept. publishes parent handbook.
Superintendent and Directors agree to policy and timeline: this is still in effect
HIGHLIGHTS OF PPS FRAMEWORK:
Time with peers using flexible ability grouping
Services to begin in September and last through June
instructional plans to be improved
APPEAL TO STATE BOARD OF EDUCATION, MARCH, 1997
STATE INVESTIGATION WINTER 1997-8
Found that district was not meeting state law in
·Notifying parents of appeal rights
·Assessing level/rate of learning
·Teaching at assessed level and rate
MARCH 30: STATE ISSUED FINAL FINDINGS OF FACT AND COMPLIANCE ORDER, AMENDED AND
REISSUED IN JUNE, 1998
REQUIRED THE DISTRICT TO:
· Identify all intellectually gifted students
· Notify parents of rights/complaint procedure
· Provide in-service training for teachers
· Notify teachers of their TAG students
· Provide current assessments for all TAG students
· Provide instructional plans for all TAG students
· Provide instruction at students’ assessed rate and level of learning
·Provide timely services.
JULY,1998, THE STATE GRANTED THE DISTRICT A ONE-YEAR EXTENSION. FOLLOW-UP INVESTIGATION EXTENDED TO 2000
GAVE TAG department more authority
Identification decisions scheduled in three “rounds” (now two)
Early entry policy revised
New PAT contract required payment for writing gifted plans but TAG department did not receive adequate funding. Middle school plans written only on parent request. Elementary school parents may waive plans.
STATE FOLLOW-UP INVESTIGATION WINTER 2000, AMENDED ORDER ISSUED AUGUST 2000, AMENDED AGAIN MARCH 2001
·Submit implementation calendar
·Provide professional development for principals and supervisors
·Document how each building and classroom provides appropriate services
·Certify to ODE that by May 1, 2002 all teachers of TAG students have been assessed on their implementation of appropriate instruction
STATE WAS TO INVESTIGATE AGAIN BY JUNE 1, 2002. POSTPONED BY ONE YEAR;
REPORT DUE JUNE 1, 2003. Report actually issued May 7, 2004
MARCH-MAY 2001 PPS BUDGET PROCESS CUTS NEARLY 40% OF TAG BUDGET
Sept. 2002: State Grant-in-Aid funding to Regional Planning groups eliminated.
Fall, 2002: PPS hires “OUTSIDE EVALUATOR”: Barbara Maurer to evaluate PPS TAG program. Her Report of February 2003 found serious problems based on NAGC standards
October, 2003: State TAG specialist, Dr. Pehkonen, resigns--ODE TAG specialist position unfilled for school year
November 4, 2003: Secretary of State issues “auditor’s letter” mentioning problems with the TAG program as a risk to the Department
November, 2003: ODE seeks
advice from Department of Justice.
April-May 2004: ODE holds
statewide TAG “input sessions” Sessions
reveal many TAG problems statewide
May 7, 2004: ODE issues
findings stating it found PPS in compliance
May 26, 2004: Parents send
letter to ODE objecting to findings
August 5, 2004: Parents file
petition for reversal of findings in circuit court
August 2004: ODE names
Andrea Morgan acting TAG specialist 1/3 time
February 2005: ODE files a
petition for summary judgment; parents respond with a cross-petition for summary
May 12, 2005: Circuit court hearing; judge finds for parents from bench
August 9, 2005: Judge signs
court order for summary judgment. Order is to be carried out within 90 days of
signature or 60 days of start of school (October 19th) whichever comes first.
Court order requires that ODE:
· hire a consultant to carry out an investigation based on objective data
· review OARs for compliance with ORS
· resolve parent complaints within 90 days and keep them on file
Court Clerks fail to file summary judgment. Judgment is signed for a second
time by Judge Fisher, but
in the process it is amended (without prior notice to plaintiffs) to extend
deadline for compliance to 90 days from signing on October 7 (=January 5, 2006)
?September: ODE appeals and requests stay of judgment from Circuit Court pending appeal
December 20, 2005: Judge Jan Wyers denies stay
December 20, 2005: ODE
issues “Request for Qualifications” from prospective
January 5: 90 calendar days
from signing of court order expire: ODE is now in violation
First week of January, 2006 ODE files requests for emergency stay of judgment and stay of judgment pending appeal with the Court of Appeals; these are granted
April 25: ODE and petitioners agree in mediation on a process to select a new contractor to investigate PPS. Any investigator is to have TAG training or recent TAG experience
June 23: Request for Proposals issued--Deadline extended to July 25. No proposals submitted.
October Plaintiff’s attorney
contacts some nationally recognized TAG experts to ask why the proposal received
no responses. Two respond that it offered insufficient funds and insufficient
time to conduct an adequate investigation. ODE and ODOJ refuse to consider
revising the terms of the RFP to increase time/funds.
November 14. ODE announces plans to carry out investigation using Roberta Hutton without the consent of the parents despite lack of evidence that she meets the qualifications agreed in the mediation order.
April 16-May 17: Roberta Hutton and other ODE staff members hold meetings for TAG parents concerning Portland’s TAG services; school visits are also conducted.
October 11: Judge Marshall hears Motion to Enforce the General Judgment. Plaintiffs’ Motion argues that Roberta Hutton was not qualified to carry out a TAG investigation. ODE argues Ms. Hutton was not the “investigator” but was merely doing legwork for Andrea Morgan, ODE TAG specialist. Judge Marshall rules that ODE has not yet produced report so motion was premature and dismisses it without prejudice.
December: Oregon Department issues draft final findings
February 20: ODE and parents reach settlement agreement to resolve ODE's appeal of the 2005 Court Order
February 27: ODE issues final findings and compliance order as required by the Court Order. Findings state that PPS is not in compliance with the Oregon TAG mandate. The findings include a ten-point correction order available at http://www.tagpdx.org/2008_findings.pdf
PPS drafts a Plan of Correction and issues quarterly reports on its implementation
May 11, 2009 ODE issues a letter to Portland stating that it is unable to confirm that it is still in compliance, given changes in the TAG office
November 12, 2009 ODE issues a letter to Portland Public Schools requesting further documentation and stating that it will make on-site visits to confirm compliance. This letter was not provided to parents until January 4, 2010.
February 3, 2010: Parents send a letter to the ODE stating their concern about the lack of action and of on-site visits.
March 24. 2010: ODE says it will discuss documents with PPS and arrange site visits
June 17th. 2010: ODE finds PPS still out of compliance on three important corrective actions
August 3, 2010: Parents write ODE requesting that funds be withheld as called for under ORS 327.103
August 30, 2010: ODE writes parents saying that the Department has given PPS more time to comply with Corrective Actions: "the Department will issue its final determination regarding the three remaining corrective action items in mid-January, 2011." Information from PPS concerning compliance is required by October 1, 2020
November 22, 2010: Parents write ODE saying that the conditions in the Corrective Actions had not been met
December 16, 2010: Department confirms that it will issue its final determination regarding the three remaining Corrective action items no later than mid-January, 2011
July 1, 2011 ODE sends a letter to Portland Public Schools (but not to the parents) releasing it from the compliance order.
August 2, 2011 Parents write ODE requesting a
written assessment from ODE of whether PPS has complied with Corrective Action
items #6, 7
or 8. If PPS has not, Petitioners request that the Superintendent withhold State School Fund moneys from PPS pursuant to ORS 327.103.
August 3: Department of Education informs Rob Manning, a reporter with Oregon Public Broadcasting that it sent the letter to the Department of Justice (but not the parents) on July 1.
August 4: Oregon TAG specialist provides a copy of the July 1 Order to parents
PPS surveys parents of gifted students. Overwhelming majority express dissatisfaction with level of services
Portland Public Schools submits a new compliance plan to the Oregon Department of Education. It is never implemented
--Portland Public Schools notifies the state Department of Education that it is not in compliance with the Oregon TAG mandate
--Spring, 2018--PPS announces that the ACCESS program will be divided between two sites: Vestal elementary school and Lane middle school.
--Linda Smith appointed TAG administrator (half time) in place of Andrew Johnson. She acknowledges that PPS is not in compliance with the TAG mandate and carries out professional development sessions in December 2018-January 2019
--Portland Public Schools notifies school board that it is not in compliance with the Oregon TAG mandate and offers another plan for services
--April 29: Twenty-seven Portland parents file another TAG complaint with the District. It asserts a pervasive, long-term district-wide problem, requiring district-level attention. The complaint, with ~200 pages of supporting documents alleges that throughout every grade level, Portland Public School (PPS) is currently, and has been for years, in violation of the administrative rules concerning rate and level instruction and parent participation, has failed to meet the basic academic needs of gifted and talented students, and has further failed to implement its own compliance plans or to provide the "ongoing effort" recommended by the Oregon Department of Education when it last released PPS from its compliance order in 2011.
In response, Portland Public Schools acknowledges that there is no system-wide approach to instructional practices for TAG students and states that during the next school year it will again report that non-compliance with state TAG laws—for the fourth consecutive year.
--August 21 Oregon Department of Education notifies Portland parents that it is accepting their appeal and plans to investigate. Department sets a deadline of May 2020 for completion of the investigation. Department later extends that deadline to January 2021
Schools are closed at various times due to COVID-19 pandemic. Governor orders a statewide shutdown in March, 2020.
September, 2020: Portland schools are closed at the start of the 2020-21 school year and remain closed all year. Oregon Administrative Rule requiring districts to identify TAG students is suspended for 2020-21 under a temporary rule.
March: State Board again considers a proposal to postpone district compliance reports to the year following the year when they are supposed to be implemented.
April 16 Oregon Department of Education notifies Portland Parents that its investigation is complete and it will issue findings by August 31, 2021.
May 20: State Board approves the March proposal.
--August 31 Oregon Department of Education again notifies Portland parents that it is postponing the issuance of investigation findings until a date on or before January 6, 2022.
Complainants and Portland Public Schools reach a conciliation agreement that sets conditions for implementation of Oregon TAG mandate by 2027