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TAG Statutes and Oregon Administrative Rules

 

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


(1) Each school district shall have policies and procedures for the identification of talented and gifted students as defined in ORS 343.395.

(a) This population of students demonstrates exceptional performance when compared to applicable developmental or learning progressions, with consideration given for variations in student's opportunity to learn and to culturally relevant indicators of ability.

(b) Students identified as talented and gifted require differentiated instructional services and/or programs designed to address their strengths and needs.

(2) In the identification of talented and gifted students, district policies and procedures shall:

(a) Provide professional development for those responsible for identification of students who are talented and gifted;

(b) Use evidence-based practices that include a variety of tools and procedures to determine if a student demonstrates a pattern of exceptional performance and/or achievement that is relevant to the identification of talented and gifted students under ORS 343.395.

(c) Collect and use multiple modes and methods of qualitative and quantitative evidence to allow appropriate members of a student’s identification team to make a determination about the identification and eligibility of the students for talented and gifted services, supports, and/or programs; with no single test or piece of evidence eliminating a student from eligibility.

(d) Use methods and practices that minimize or seek to eliminate the effects of bias in assessment and identification of students from historically underrepresented populations including, but not limited to:

(A) Students who are racially/ethnically diverse;

(B) Students experiencing disability;

(C) Students who are culturally and/or linguistically diverse;

(D) Students experiencing poverty; and

(E) Students experiencing high mobility.

(e) Incorporate assessments, tools, and procedures, that will inform the development of an appropriate plan of instruction for students who are identified as talented and gifted and describe how information from the assessments, tools and procedures used in the identification for talented and gifted students will be used to support development of the plan of instruction.

(f) Identify how the educational record under ORS 326.565 of the student being considered will document and reflect the record of the team's decision and the procedures and data used by the team to make the decision.

(3) The following sources of evidence may be used by the identification team to provide students with multiple opportunities to demonstrate a pattern or preponderance of evidence of talent or giftedness:

(a) Local Performance Assessment data, as defined in OAR 581-022-2115, using local norms (building or district),

(b) National and/or state standardized assessment data using national and/or local norms (building or district),

(c) Evidence of rapid language acquisition, accelerated learning, and advanced vocabulary in any language,

(d) Research-based rating scales,

(e) Research-based comprehensive observational instruments, or

(f) Learning progressions, performance tasks, work samples, and other measures provided by the Department of Education.

(4) Academic evidence reviewed shall align to the full depth, breadth, and complexity of Oregon’s content standards and benchmarks. Standardized assessments used for academic/achievement-based identification shall include technical documentation demonstrating alignment or documentation of intended use for the purpose of talented and gifted identification.

(5) Standardized assessments used for intellectually gifted identification shall include technical documentation demonstrating alignment to research-based best practices inclusive of students from underrepresented populations.

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

Statutory/Other Authority: ORS 343.391 - 343.413
Statutes/Other Implemented: ORS 326.051
History:
ODE 18-2022, amend filed 03/28/2022, effective 03/28/2022
Renumbered from 581-022-1310 by ODE 16-2017, f. & cert. ef. 7-5-17
ODE 23-2016, f. & cert. ef. 4-7-16
ODE 6-2009, f. & cert. ef. 6-29-09
EB 18-1996, f. & cert. ef. 11-1-96​

581-022-2330
Rights of Parents of TAG Students


In carrying out the requirements of OAR 581-022-2325 and OAR 581-022-2500, 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 581-022-2330. 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 581-002-0001 to OAR 581-002-0023.

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 343.391 - 343.413
History:
ODE 11-2019, amend filed 03/25/2019, effective 03/25/2019
ODE 36-2018, minor correction filed 11/14/2018, effective 11/14/2018
Renumbered from 581-022-1320 by ODE 16-2017, f. & cert. ef. 7-5-17
EB 18-1996, f. & cert. ef. 11-1-96​

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

(1) Each school district shall submit to the Oregon Department of Education a written plan of instruction for talented and gifted children on a date and in a format provided in guidance documents provided by the Oregon Department of Education. The plan shall include, but not be limited to:

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

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

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

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

(e) A requirement that each talented and gifted child and the child’s parents have the opportunity to discuss with the school district the programs and services available to the child and to provide input on the programs and services to be made available to the child;

(f) A plan for evaluating progress on the school district plan, including each component program and service;

(g) The name and contact information for the school district’s coordinator of special educational services and programs for talented and gifted children.

(2)(a) For a plan described in subsection (1) of this section, a school district shall:

(A) Provide the plan when requested at any of the schools of the school district or at the school district’s main office; and

(B) Provide the plan on the school district’s website.

(b) A school district must provide the name and contact information for the school district’s coordinator of special educational services and programs for talented and gifted children:

(A) To the Department of Education annually; and

(B) On the school district’s website in the manner prescribed by the department.

(3) The instruction provided to identified students shall be designed to accommodate their assessed levels of learning and accelerated rates of learning.

(4) 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.

Statutory/Other Authority: ORS 343.391 - 343.413
Statutes/Other Implemented: ORS 326.051
History:
ODE 10-2022, amend filed 01/27/2022, effective 01/27/2022
Renumbered from 581-022-1330 by ODE 16-2017, f. & cert. ef. 7-5-17
ODE 20-2011, f. & cert. ef. 12-15-11
ODE 6-2009, f. & cert. ef. 6-29-09
EB 18-1996, f. & cert. ef. 11-1-96