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

(1) For purposes of this rule, “screen” means to use district policies and procedures that have the purpose of identifying which students are eligible to receive talented and gifted services, supports, or programs. (2) 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. (3) In the identification of talented and gifted students, district policies and procedures shall: (a) Allow any person who knows the student to recommend that a student be screened for identification as talented and gifted; (b) Conduct a screening process for a student recommended under paragraph (a) of this subsection; (c) Accept recommendations under paragraph (a) of this subsection throughout the school year; (d) Directly inform parents and guardians that a student may be recommended and screened as described in paragraphs (a), (b), and (c) of this subsection; (e) Provide information on the school district’s website that a student may be recommended and screened as described in paragraphs (a), (b), and (c) of this subsection; (f) Provide professional development for those responsible for identification of students who are talented and gifted; (g) 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. (h) 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. (i) 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. (j) 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. (k) 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. (4) 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. (5) 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. (6) Standardized assessments used for intellectually gifted identification shall include technical documentation demonstrating alignment to research-based best practices inclusive of students from underrepresented populations. (7) 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.