Talented & Gifted State of Oregon Statutes


TAG Oregon Statutes581-022-1310 – 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:
    1. Intellectually gifted students shall score at or above the 97th percentile on a nationally standardized test of mental ability; and
    2. 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 – ORS 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 – ORS 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:
    1. 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;
    2. 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;
    3. Student interest, style, and learning preferences information from inventories or interviews; and
    4. 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