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Parental Rights/TAG Laws

What are the laws regarding TAG in Oregon?

–  A district process for the identification of talented and gifted students in grades K-12. Both tests of academic achievement and of intellectual aptitude must be available in all grades. ORS 343.407
– 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. One nationally standardized test score must be included. OAR 581-022-1310, sect. 2
-An assessment following identification to determine his or her instructional needs. OAR 581-022-1330, sect. 3
– Instruction at his or her assessed level of learning.  OAR 581-022-1320, sect. 2.
– Instruction at his or her accelerated rate of learning. OAR 581-022-1320, sect. 2
– 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.
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
-Parental notification about whether your child qualifies for TAG. OAR 581-022-1
-Parental right to appeal if you are told that your child does not meet the TAG qualifications. OAR 581-022-1940, sect. 1.
-Parental  right to withdraw your child from TAG services at any time and to be notified of this right. OAR 581-022-132, sect. 3
– Parents may provide input concerning the services to be given to your child. OAR 581-022-1320, sect. 2
– Parents have the right to file a complaint with the State Superintendent under the Administrative Rules concerning complaints.
OAR 581-022-1320, sect. 4.
-Parents have the right to review all school files concerning your child including test results and teacher notes. This includes “confidential” or TAG files as well as “cumulative files,” unless it would violate attorney-client privilege. This stated by Federal law and confirmed by Oregon State law.
The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C, 1232g; 344 CFR Part 99) OAR 581-021-0270
-Parents have the right to file an appeal with the Superintendent of Public Instruction if you believe that these rights have been violated.  OAR 581-022-1940 Stat. Auth: ORS 326.051
-Oregon school districts must maintain a board policy and written procedures concerning gifted and talented students.
OAR 581-022-1320, sect. 1
-Districts must have procedures to identify students who are in ethnic minorities, are disabled, are culturally different, or come from low-income families. OAR 581-022-1410, sect. 1
-Additionally, districts must provide instruction at each TAG identified child’s assessed level of learning and accelerated rate of learning.  OAR 581-022 -1410, sect. 1
-Districts must provide a prompt resolution of complaints. OAR 581-022-1940, sect. 1

What Are My Rights As A Parent?

-You have the right as a parent to request and consent to any individualized testing of your child. ORS 326 & ORS 336.
-Be notified of the decision about whether your child qualifies for TAG.  OAR 582-022-1
-The right to appeal if you are told that your child does not meet the TAG qualifications. OAR 581-022-1940, sect. 1
-You have the right to withdraw you child from TAG services at any time and be notified of this right. OAR 581-022-132, sect.3.
-To provide input concerning the services to be given to your child. OAR 581-022-1320, sect.2.
-Recieve a timely reply to any complaint you make to your district superintendent regarding a violation of the State TAG standards after you have exhausted your options at the building level. OAR 581-022-1940 sect. 2.
-Be informed of your right to file a complaint with the State Superintendent under the Administrative Rules concerning complaints. OAR 581-022-1320, sect. 4.
-Review and correct all school files concerning your child including test results and teacher notes.  This includes “confidential” or TAG files as well as “cumulative fifles,” unless it would violate attorney-client privilege.  This is stated by Federal Law and confirmed by Oregon State Law. The Family Educational Rights and Privacy ACt (FERPA) (20 U.S.C. 1232g; 34 CFR Part 99) also OAR 581-021-0270.
-File an appeal with the Superintendent of Public Instruction if you believe that these rights have been violated. The Oregon Department of Education has an obligation to investigate your complaints and issue a report. If it finds that the complaint is justified and the district fails to submit a plan of correction, the Department may withhold all state funding to the district. OAR 581-022-1940 Stat. Auth:ORS 326.051 Stats. Implemented: ORS 327.103 & ORS 326.051.