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HB 2954


 

Friends:

I am pleased to let you know that House Bill 2954 has been drafted. The text of the bill is copied below.

HB 2954 was requested by Representative Flores to correct a problem that emerged in the most recent House Education Committee on January 24th., 2005. Both Salaam Noor, Assistant Superintendent for Curriculum and Instruction, and Andrea Morgan, the TAG Program Specialist for the Oregon Department of Education explained to the committee members that that they were unable to answer detailed questions concerning local implementation of TAG programs and services because they did not have access to District TAG plans.

This is because before we had a TAG mandate, Oregon had received a Federal Javits grant providing money for distribution to local school districts and the Legislature wrote a law implementing the administration of these grants. This law said that a school district that wanted the money MIGHT send in information concerning its TAG programs and services. This information was required only from districts seeking a grant.

When the TAG mandate passed, it required every Oregon District to create written plans for identification and for programs and services. However, the previous law making it optional to submit those plans to the ODE was not changed or repealed. Even though every Oregon School District must now have written plans for identification of TAG students and for TAG programs and services, there is still a law on the books that makes it optional for them to provide copies of these plans to the Oregon Department of Education.

The federal grant for TAG has expired and was not replaced. There is currently no state funding for TAG, so Districts do not have any reason to submit plans to obtain grants.

When this bill was drafted, the Legislative Counsel's office decided to change just two words in the existing law implementing the grants. They changed "Any" school district to "A" school district and "may" to "shall". Thus the law you see below you is the previous law with those two words changed and an implementation date added, and the bill would enact those changes.

However, because of the way the bill was drafted, it will continue to say what the old grant law said: that a school district shall submit to the Superintendent of
Public Instruction for approval a written plan of instruction for talented and gifted children. As Representative March pointed out to me, this new wording not only requires that these plans be submitted, but also gives the ODE the power to approve them. This will make more work for the TAG specialist but will also enable the ODE to be more proactive in notifying Districts if their plans are not adequate to meet the requirements of the TAG mandate. Seeing all district plans will help the ODE specialists to target the advice and professional development they offer to districts more appropriately. It will also make it possible for the ODE to provide more timely, comprehensive and accurate information concerning local implementation of TAG plans through the Oregon Report Card and other reports. The ODE is planning to fold TAG reporting into their Comprehensive District Planning Process (CIP) which is in development right now.

When the bill comes up for discussion before the Committee, I am sure that the wording that gives ODE the right of "approval" will be a topic of discussion.

In addition, I plan to request that districts be required to submit their written plans for identifying gifted students as well as for instructing them. This seems to have been overlooked in the draft. Districts are already required to have these written plans for identification, as well as for programs and services.

I have copied below a short explanation of the bill and the bill's text.


WHAT YOU CAN DO:

If your representative or senator sponsored or co-sponsored this bill, please take the time to say "thank you." It's important that they know that TAG parents are interested in their legislative activities.

If your representative is on the House Education Committee, please contact him or her and ask for a hearing on the bill and their support to pass it.

If you are a teacher, ask the OEA to support this bill.


HOW TO CONTACT YOUR REPRESENTATIVES:

You can send an e-mail to any Oregon legislator by going to . When you enter your address, the computer will automatically match you with the correct legislators.

You can also send e-mail to "sen.johnsmith@..." or "rep.joansmith@..., substituting your own legislator's names, written as a single word, for "johnsmith" and "joansmith" after "sen." or "rep."

Contact information and legislators' websites can also be found by choosing "Senate" or "House" from the main menu at


MEMBERS OF THE HOUSE EDUCATION COMMITTEE:

Linda Flores, Chair, 503-986-1451 Capitol Address: 900 Court St. NE., H-287, Salem, OR, 97301, Email: rep.lindaflores@...

John H Dallum, Vice-Chair, Capitol Phone: 503-986-1459 Capitol Address: 900 Court St NE H-289, Salem, OR, 97301, Email: rep.johndallum@...

Steve March, Vice-Chair, Capitol Phone: 503-986-1446, Capitol Address: 900 Court St. NE., H-385, Salem, OR, 97301, Email: rep.stevemarch@...

Debi Farr, Capitol Phone: 503-986-1414, Capitol Address: 900 Court St NE, H-278, Salem,, OR, 97301, Email: rep.debifarr@...

John Lim, Capitol Phone: 503-986-1450, Capitol Address: 900 Court St NE H-496, Salem, OR, 97301, Email: rep.johnlim@...

Arnie Roblan, Capitol Phone: 503-986-1409, Capitol Address: 900 Court St NE, H-384, Salem,, OR, 97301, Email: rep.arnieroblan@...


About HB 2954


What this bill does: Directs school districts to submit written District Plan of Instruction for Talented and Gifted (TAG) students to the Superintendent of Public Instruction.

Why is this bill needed? Before the TAG mandate passed in 1987, there was a Federal grant for TAG services that the Department of Education had available for distribution to school districts. The enabling legislation for this grant stated that "Any school district may submit to the Superintendent of Public Instruction for approval a written plan of instruction for talented and gifted children."


The TAG specialist needs copies of these plans in order to answer phone calls and questions from parents and from teachers, to work with districts to ensure that their plans are effective, to consult with advisory groups, to report to the Superintendent of Public Instruction and to inform the legislature on the ways districts are providing TAG services.

As Districts are already legally required to have these plans, the only cost involved in submitting them would be a stamp (if they are mailed). If they are submitted online, there would be no cost. By enabling the Oregon TAG specialist to review the District plans, this bill would increase accountability, help districts avoid complaints, and improve education for capable students.



HB 2954 TEXT

73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session

NOTE: Matter within { + braces and plus signs + } in an amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within { + braces and plus signs + } .



Sponsored by Representative FLORES; Representatives AVAKIAN, DALTO, DINGFELDER, FARR, GREENLICK, NOLAN, RILEY, ROSENBAUM, TOMEI, WHISNANT, Senators MORRISETTE, C STARR, WALKER

SUMMARY

The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor's brief statement of the essential features of the measure as introduced.

Requires school districts to submit written plan of instruction for talented and gifted children to Superintendent of Public Instruction for approval. Declares emergency, effective July 1, 2005.

A BILL FOR AN ACT
Relating to school districts; creating new provisions; amending ORS 343.397; and declaring an emergency.
Be It Enacted by the People of the State of Oregon: SECTION 1. ORS 343.397 is amended to read: 343.397. { - Any - } { + A + } school district { - may - } { + shall + } submit to the Superintendent of Public Instruction 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.

SECTION 2. { + The amendments to ORS 343.397 by section 1 of this 2005 Act first apply to the 2005-2006 academic year. + } SECTION 3. { + This 2005 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2005 Act takes effect July 1,
2005. + }

Submitted by Margaret DeLacy, OATAG Government Relations Committee

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