Oregon Revised Statutes - Gifted Education
Oregon Revised Statutes and Administrative Rules
A Partial List of Items That Apply To Talented and Gifted Students.

Note: The administrative rules presented below were posted 11/21/2005. They were current to the best of our ability to track these things on that date.
However laws and administrative rules change rather frequently. You should only these words as a guide, not the final word.
If you wish to take any action based on the Oregon Revised Statutes, or Administrative Rules, make sure you are working with the current revision from an official source. These links take you to pages maintained by the State of Oregon:
Oregon Dept of Education TAG Page
Oregon Revised Statutes
    of Special Interest for TAG Students
Oregon Administrative Rules
    of Special Interest for TAG Students
Oregon DOE Talented & Gifted FAQ
Oregon Revised Statutes Relating to Talented and Gifted Programs

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 s1; 1963 c.570 s21; 1971 c.613 s1; 1979 c.385 s 1>

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 by a school district for state funds to develop and operate programs for students under an approved, written plan as contained in ORS 343.397.
    (2) "Board" means the State Board of Education.
    (3) "Department" means the Department of Education.
    (4) "Identification" means the formal process of screening and selecting talented and gifted children according to administrative rules established by the board.
    (5) "School district" has the same meaning as in ORS 330.005 (2) and also includes, where appropriate, an education service district, state operated schools or programs or a consortium of school districts submitting a joint plan.
    (6) "Superintendent" means the Superintendent of Public Instruction.
    (7) "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 non-educational settings.
      (e) Ability in the visual or performing arts, such as dance, music or art.
    1959 c.528 s2; 1963 c.570 s22; 1965 c.100 s409; 1971 c.613 s 2; 1979 c.385 s2; 1987 c.335 s1
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 s8; 1981 c.833 s2> 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 for improvement of instruction or curriculum for talented and gifted children.
Any school district may submit to the superintendent for approval 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 s5, 6, 7; 1963 c.570 s23; 1965 c.100 s410; 1971 c.613 s3; 1979 c.385 s3>
343.999
State aid to local districts; criteria.
[NOTE: no funds have been appropriated from the legislature for state aid to school districts.]
    (1) Any school district may apply for state funds for special programs and services for talented and gifted children identified in the district.
    (2) The superintendent shall annually establish a date after which no further applications shall be received for state funds under this section. (3) The superintendent shall select applications from among those that comply with ORS 343.391 to 343.413 and rules adopted by the board. Any criteria used by the superintendent to evaluate applications shall include, but not be limited to:
      (a) A statement of the school district's present level of special educational programs and services for the talented and gifted and how the special educational programs and services contained in the application conform with the school district's written plan.
      (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 identified talented and gifted students in terms of the student assessment and evaluation.
      (f) An evaluation design which meets standards set forth by the department.
    <1959 c.528 s8; 1963 c.570 s24; 1965 c.100 s411; 1971 c.613 s 4; 1979 c.385 s4>
343.401
Use of funds appropriated for ORS 343.391 to 343.41
    (1) The funds specifically appropriated for the program under ORS 343.391 to 343.413 shall be distributed to districts that have approved, written plans and have submitted an application to the superintendent which has been approved.
    (2) State funds shall be allocated on an approved program cost basis, the amount of which shall be established by the board annually.
    (3) No application shall be approved by the superintendent unless the district agrees to expend district funds for special educational programs for talented and gifted children in an amount equal or greater than the amount of state funds approved by the superintendent.
    (4) The districts shall account for the grant funds as expended for the identified pupils on a form acceptable to the department, as described in rules adopted by the board. <1959 c.528 s9; 1963 c.570 s24a; 1965 c.100 s412; 1971 c.613 s 5; 1979 c.385 s5>
343.404
Funding for program development.
    (1) The superintendent may annually expend funds appropriated for the talented and gifted program to provide 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; and
      (d) Training and assistance for parents of the talented and gifted children in meeting the educational needs of their children.
    (3) The amount of funds that may be expended for purposes described in this section shall not exceed 10 percent of the amount appropriated in a biennium for purposes of ORS 343.391 to 343.413. <1971 c.613 s6; 1979 c.385 s6; 1981 c.833 s1; 1987 c.335 s 2>
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 s3; 1993 c.45 s225>

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 s4; 1993 c.45 s226; 1993 c.749 s18>

343.411
When identification and programs for certain children required or optional; state guidelines.
(1) ORS 343.407 and 343.409 shall apply to the identification of and provision of special educational programs and services for the talented and gifted as described in ORS 343.395 (7)(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 students who demonstrate creative abilities, leadership abilities or unusual abilities in the visual or performing arts as described in ORS 343.395 (7)(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 s2>

343.413
Short title ORS 343.407 to 343.413 shall be known as the Oregon Talented and Gifted Education Act. <1987 c.337 s2>


Oregon Administrative Rules Talented and Gifted Students

581-22-1310
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 total mathematics 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 through 343.413 Stats. Implemented: ORS 326.051 Hist.: EB 18-1996, f. & cert. ef. 11-1-96
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 343.391-343.413 Hist.: EB 18-1996, f. & cert. ef. 11-1-96
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 343.391-343.413 Hist.: EB 18-1996, f. & cert. ef. 11-1-96
581-015-0805
Definitions
The following definitions apply to OAR 581-015-0811 through 581-015-0840 unless the context requires otherwise:
    (1) "Talented and Gifted Children": Those children, as defined in ORS 343.391, who require special educational programs or services, or both, beyond those normally provided by the regular school program.
    (2) "Parent": A natural or adoptive mother or father, a legally appointed guardian or, if the child has attained the age of majority, the individual student.
    (3) "School District": The same meaning as in ORS 330.005 and also includes, where appropriate, an education service district or a consortium of school districts submitting a joint written plan and application to serve talented and gifted children.
    (4) "Case Study": The information concerning a student used for the selection and placement of the student, as described in OAR 581-015-0830, in a special education program and considered a "behavioral record" as defined in ORS 226.185. The information shall include:
      (a) All identification measures as contained in OAR 581-015-0830(6);
      (b) Diagnostic information as appropriate;
      (c) Parental consent forms; and
      (d) A summary of the selection team decision on placement and the reasons for that decision.
    (5) "Selection Team": A committee responsible for developing individual case studies and selecting students for placement in programs for the talented and gifted.
    (6) "Written Plan": The district goals and plan for developing services and programs, the timeline for implementation and plan for evaluating progress toward achieving the goals.
    (7) "Application": A one-year request for state funds by a school district which specifies goals for the program or service, and goals for students.
    Stat. Auth.: ORS Ch. 343 Stats. Implemented: ORS 343.411 Hist.: 1EB 21, f. 1-19-60; 1EB 47, f. 3-4-60; 1EB 21-1978, f. 6-19-78, ef. 6-20-78; 1EB 13-1979, f. 9-21-79, ef. 10-2-79
581-022-1940
Appeals and Complaints
    (1) General Complaint Procedure. Each school district shall implement a process for the prompt resolution of a complaint by a person who resides in the district or any parent or guardian of children attending school in the district. Unless specifically provided by state or federal law or administrative rule, the decision of the district shall be final.
    (2) Standard Complaint Procedure. If the complaint alleges a violation of standards of the Oregon Administrative Rules in Chapter 581, Division 22, the complainant may direct an appeal to the State Superintendent of Public Instruction, after exhausting local procedures or after 45 days from filing a written complaint with the school district, whichever occurs first. The appeal shall be in writing and shall 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 which standard the district is alleged to have violated and how the district is alleged to have violated it.
    (3) Upon receipt of the appeal the State Superintendent shall 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 shall be accepted and the procedures listed in this rule in the following sections shall be applied;
      (b) If the State Superintendent determines that the complaint, even if true, would not violate a standard, the appeal shall not be accepted. In either case, the State Superintendent shall give notice of the determination by certified mail to the complainant and the school district.
    (4) 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.
    (5) The State Superintendent may for good cause extend the time for the filing of a report by the district.
    (6) Upon receipt of the district's report, the State Superintendent shall investigate the allegations of the complaint to the extent necessary and at the State Superintendent's discretion may:
      (a) Authorize an on-site investigation; and
      (b) Conduct interviews and review documents as deemed necessary.
    (7) At any time during the appeal the parties may agree to settle the matter(s) at issue. The party bringing the appeal may at any time file a written request that the appeal be withdrawn. When such a request is received the State Superintendent shall terminate all further action regarding the appeal.
    (8) The State Superintendent shall 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) If a deficiency is found, the State Superintendent's written decision shall 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.
    (10) If a deficiency is not corrected, the provisions of ORS 327.103 shall apply.
    Stat. Auth.: ORS 326.051
    Stats. Implemented: ORS 327.103; 326.051
    Hist.: EB 18-1996, f. & cert. ef. 11-1-96
This page is based on research by Margaret Delacy of OATAG




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