Circuit Court Order Granting Petitioners' Motion for Summary Judgment
This matter was heard on Respondents' and Petitioners' cross motions for Summary Judgment. Oral argument was had. The court records and files herein were carefully reviewed. The court expressly found that OAR 581-022-1310 to 581-022-1340 [Oregon's Administrative Rules implementing the TAG mandate] have failed to meet the requirements of ORS 343-391 to 343-413 [The Oregon Revised Statutes creating the TAG mandate] and granted Petitioners' Motion for Summary Judgment and denied Respondents' Motion for Summary Judgment. Therefore it is hereby ORDERED that:
1) The Final Order in Case No. 581-022-1940-97-2 issued on June 7, 2004 [the Final Findings and Order issued by the Oregon Department of Education finding Portland Public Schools in compliance with the Oregon TAG mandate] is set aside and remanded to the Superintendent of Public Instruction and Oregon Department of Education with instructions to make the determination required herein.
2) The Superintendent of Public Instruction and the Oregon Department of Education shall review OAR 581-022-1310 to 581-022-1340 and, to the extent that OAR 581-022-1310 to 581-022-1340 or any other appropriate rule fails to fully implement ORS 343.391 to 343.413, the Superintendent of of Public Instruction and Oregon Department of Education shall take appropriate steps to remedy the situation, including revising OAR 581-022-1310 to 581-022-1340 or any other appropriate rule, and promulgate any other necessary rule, to assure that ORS 343.391 to 343.413 is in fact implemented.
Pursuant to ORS 183.486 [the Oregon Administrative Procedures Act] , it is hereby further ORDERED that:
1) The Superintendent of Public Instruction and Oregon Department of Education shall take such steps as required herein within 90 days of the date this Order is signed, or within six weeks of the first day of the 2005-2006 school year, whichever is first.
2) All complaints to the Superintendent of Public Instruction and Oregon Department of Education regarding the efficacy of Portland Public School district's Talented and Gifted Program, whether regarding the Portland Public School district Talented and Gifted Program generally or a student(s) involvement, or lack thereof, in that program, shall be investigated and a written conclusion reached and promulgated within 90 days of receipt of the complaint. All such complaints and investigations shall be maintained for a period of three years from the date hereof. Such investigative files shall be made available for use in litigation by those asserting that Portland Public School has failed to meet the requirements of ORS 343.391 et. seq.
3) In order to provide and analyze data for the preparation and reissuance of the Final Order in Case No. 581-022-1940-97-2, the Superintendent of Public Instruction or Oregon Department of Education shall conduct an independent investigation, using an employee with training and experience in gifted education, or hire a consultant that is mutually agreed upon by Petitioner Margaret DeLacy, Oregon Department of Education and Portland Public School district to perform an investigation.
4) The Superintendent of Public Instruction or Oregon Department of Education may not rely on an investigation if the data produced from that investigation is not objective and quantifiable. Any finding of improvements or compliance must be based on a significant improvement in that data.
5) Petitioners may apply to the Court for further relief as necessary to enforce this Order.
DATED this Aug. 9, 2005
Pro Tem Judge Ann L. Fisher
On December 20th, Judge Jan Wyers of the Multnomah Circuit Court heard a request from the Oregon Department of Education for a stay of the Circuit Court Order signed by Judge Fisher pending their appeal of the order. The appeal will not be heard for several months. so a stay would significantly have delayed the implementation of the Judge's order.