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Oregon Department of Education has determined that the Oregon Administrative Rules, unless otherwise specified within a particular rule, apply to all children, grades kindergarten through 12. Identification protocol should be in place in all grades, K-12.
TAG identification teams must keep a record of the decision made by the team and the data used to make the decision. This record must become part of the student’s education record, even when the decision was that the student did not qualify for TAG services.
No single test should be the measure of TAG identification. The law requires multiple criteria. This can include teacher checklists, parent checklists, work samples, creativity assessments, etc. In addition, to be identified as a student who is intellectually gifted, the student must score at or above the 97th percentile on a nationally standardized test of mental ability. To be identified as a student who is academically gifted in reading or math, the student must score at or above the 97th percentile on a test of total reading or a test of total mathematics from a nationally standardized test or statewide assessment. Districts may consider lower test scores in their protocol for identifying students who have the potential to perform at the 97th percentile.
Best practice suggests a reasonable length of time from referral to decision regarding identification status as being thirty working days or six weeks. Deviation from this timeline should be documented, with the reason clearly stated. Decisions on end-of-year referrals may be held over to the beginning of the following school year to facilitate involvement of a building team. Parents should be notified of any delay in the established timeline.
A watch list for students should be used sparingly and with caution. Districts are required to identify students who demonstrate a potential to perform at the 97th percentile, and in many cases this identification should be used for students who demonstrate characteristics of a gifted learner but don’t qualify under the specific requirements for intellectually gifted or academically talented in reading or math. A watch list should never be used systematically across an entire grade level such as primary grades. If a student does not qualify for identification during one academic year, there is no reason why that student cannot be considered for identification the next year if there is sufficient evidence.
The Smarter Balanced Assessment Consortium (SBAC) is a criterion-referenced test. That means scores are calculated against a student’s knowledge of the content. The Oregon Administrative Rule for identification of TAG students requires the use of a percentile ranking score calculated against the performance of other test takers. We use the conversion table to convert the composite score into a percentile that compares the composite score to other test takers. ODE cannot calculate this percentile until the testing window has closed and all test scores are finalized. The table can only be used for tests taken in the previous school year after it is published. It cannot be used to directly convert scores from the new school year.
Parent permission is required for any individual testing that may need to be administered for identification purposes. If a student is not identified as TAG, a parent has the right to appeal the results. When a student is identified as TAG, the district must inform the parents about the available programs and services. Parents must be provided an opportunity to give input and discuss with the district the programs and services available to their child. Parents may request withdrawal from TAG services and programs at any time, and parents must be informed of their right to file a complaint.
Oregon state law does not specifically state any timeline for services. This is a matter of local control. However, where no timeline exists, or where the timelines are so delayed as to effectively deny TAG students their legal rights, ODE has established guidelines about timelines. First of all, students previously identified as TAG should be receiving appropriate instruction within the first three weeks of the beginning of the school year. Additionally, transfer students or new referrals should be receiving appropriate instruction within thirty school days.
International Baccalaureate (IB), Advanced Placement (AP), and Honors classes typically have a faster rate than other classes, and they tend to have more advanced content. They may also require students to use higher-level thinking and performance. However, enrollment in an IB, AP, or Honors class does not automatically show that a TAG student’s rate and level of learning are being addressed. The classroom teacher, in cooperation with the school’s TAG team and district policy, should still be monitoring the student’s academic needs to assure that his or her rate and level of learning are being appropriately addressed in the classroom instruction.
No. The mandate demands appropriate instruction. School enrichment might be helpful, but it does not meet the requirements on its own.
TAG students can be effectively served in the regular education setting when differentiation is used consistently and students’ rate and level of learning are continually assessed.
Both have responsibility, and both should work in cooperation with students who are twice exceptional.
The legal requirements are the same as with a TAG student who is not twice exceptional. The student’s abilities will determine appropriate instruction.
Oregon TAG law does not specify what exact documentation a teacher needs to have. District policy will determine how teachers will show that they are providing instruction at each TAG student’s rate and level of learning.
It depends. Can the student get the required credits for the diploma? What classes does the district require? If the student will be able to graduate, the district is not legally required to offer additional coursework for free. However, many districts have made it their local policy to offer additional coursework at the college level or using other Expanded Options programming.
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