[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 421 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 421

 To give gifted and talented students the opportunity to develop their 
                             capabilities.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 1, 2001

Mr. Grassley (for himself, Mr. Cleland, Mr. Cochran, Mr. Wellstone, Mr. 
 DeWine, Mr. Baucus, Mr. McConnell, Mr. Johnson, Mr. Bunning, and Ms. 
Snowe) introduced the following bill; which was read twice and referred 
       to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To give gifted and talented students the opportunity to develop their 
                             capabilities.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gifted and Talented Students 
Education Act of 2001''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress makes the following findings:
            (1) Gifted and talented students give evidence of high 
        performance capability in specific academic fields, or in areas 
        such as intellectual, creative, artistic, or leadership 
        capacity, and require services or activities not ordinarily 
        provided by a school in order to fully develop such 
        capabilities. Gifted and talented students are from all 
        cultural, racial, and ethnic backgrounds, and socioeconomic 
        groups. Some such students have disabilities and for some, 
        English is not their first language. Many students from such 
        diverse backgrounds have been historically underrepresented in 
        gifted education programs.
            (2) Because gifted and talented students generally are more 
        advanced academically, are able to learn more quickly and study 
        in more depth and complexity than others their age, the 
        students have special educational needs that require 
        opportunities and experiences that are different from those 
        generally available in regular education programs.
            (3) Parents and families are essential partners to schools 
        in developing appropriate educational services for gifted and 
        talented students. They need access to information, research, 
        and support regarding the characteristics of gifted children 
        and their educational and social and emotional needs, as well 
        as information on available strategies and resources for 
        education in State and local communities.
            (4) There currently is no Federal requirement to identify 
        or serve the Nation's approximately 3,000,000 gifted and 
        talented students.
            (5) While some States and local educational agencies 
        allocate resources to educate gifted and talented students, 
        others do not. Additionally, State laws and State and local 
        funding, identification, and accountability mechanisms vary 
        widely, resulting in a vast disparity of services for this 
        special-needs population.
            (6) If the United States is to compete successfully in the 
        global economy, it is important that more students achieve to 
        higher levels, and that highly capable students receive an 
        education that prepares them to perform the most highly 
        innovative and creative work that is necessary in today's 
        workplace.
            (7) The performance of twelfth-grade advanced students in 
        the United States on the Third International Mathematics and 
        Science Study (TIMSS) was among the lowest in the world. In 
        each of 5 physics content areas in the study and in each of 3 
        math content areas in the study, the performance of physics and 
        advanced mathematics students in the United States was among 
        the lowest of the participating countries.
            (8) Elementary school students who are gifted and talented 
        have already mastered 35 to 50 percent of the material covered 
        in a school year in several subject areas before the school 
        year begins.
            (9) In 1990, fewer than 2 cents out of every $100 spent on 
        elementary and secondary education in the United States was 
        devoted to providing challenging programming for the Nation's 
        gifted and talented students.
    (b) Purpose.--The purpose of this Act is to provide grants to 
States to support programs, classes, and other services designed to 
meet the needs of the Nation's gifted and talented students in 
elementary schools and secondary schools.

SEC. 3. PROGRAM AUTHORIZATION AND ACTIVITIES.

    (a) In General.--If the amount appropriated under section 11 for a 
fiscal year equals or exceeds $50,000,000, then the Secretary may award 
grants to State educational agencies from allotments under section 4 to 
enable the State educational agencies to award grants to local 
educational agencies under section 6 for developing or expanding gifted 
and talented education programs, and providing direct educational 
services and materials through 1 or more of the following activities:
            (1) Developing and implementing programs to address State 
        and local needs for inservice training programs for general 
        educators, specialists in gifted and talented education, 
        administrators, school counselors, or other personnel at the 
        elementary and secondary levels.
            (2) Making materials and services available through State 
        regional education service centers, universities, colleges, or 
        other entities.
            (3) Providing direct educational services and materials to 
        gifted and talented students, which may include curriculum 
        compacting, modified or adapted curriculum, acceleration, 
        independent study, and dual enrollment.
            (4) Supporting innovative approaches and curricula used by 
        local educational agencies, individual schools, or consortia of 
        schools or local educational agencies.
            (5) Providing challenging, high-level course work to 
        individual students or groups of students in schools and school 
        districts that do not have the resources to otherwise provide 
        the courses through new and emerging technologies, including 
        distance learning, developing curriculum packages, compensating 
        distance-learning educators, or providing other relevant 
        activities or services, but not for purchasing or upgrading of 
        technological hardware.
    (b) State Infrastructure Costs.--
            (1) In general.--A State educational agency may use not 
        more than 10 percent of the funds received under this Act for--
                    (A) establishment and implementation of a peer 
                review process for grant applications under section 7;
                    (B) supervision of the awarding of funds to local 
                educational agencies (including consortia of local 
                educational agencies) to support gifted and talented 
                students in the State;
                    (C) planning, supervision, and processing of funds 
                made available under this Act;
                    (D) monitoring and evaluation of programs and 
                activities assisted under this Act;
                    (E) dissemination of general program information;
                    (F) creating a State gifted education advisory 
                board; and
                    (G) providing technical assistance under this 
                section.
            (2) Education and support.--Not more than 2 percent of the 
        total amount received under this Act by the State may be used 
        by the State educational agency to provide information, 
        education, and support to parents and caregivers of gifted and 
        talented children to enhance their ability to participate in 
        decisions regarding their children's educational programs. Such 
        education, information, and support shall be developed and 
        carried out by parents and caregivers or by parents and 
        caregivers in partnership with the State.

SEC. 4. ALLOTMENT TO STATES.

    (a) Reservation of Funds.--From the amount made available to carry 
out this Act for any fiscal year, the Secretary shall reserve \1/2\ of 
1 percent for the Secretary of the Interior for programs under this Act 
for teachers, other staff, and administrators in schools operated or 
funded by the Bureau of Indian Affairs.
    (b) Formula.--Except as provided in subsection (c), from the total 
amount made available to carry out this Act for a fiscal year that 
remains after making the reservation under subsection (a), the 
Secretary shall allot to each State an amount that bears the same 
relation to the total remaining amount as the number of children ages 5 
through 18 in the State for the preceding academic year bears to the 
total number of all such children in all States for such year.
    (c) Minimum Award.--No State receiving an allotment under 
subsection (b) may receive less than \1/2\ of 1 percent of the total 
amount allotted under such subsection.
    (d) Reallotment.--If any State does not apply for an allotment 
under this section for any fiscal year, the Secretary shall reallot 
such amount to the remaining States in accordance with this section.

SEC. 5. STATE APPLICATIONS.

    (a) In General.--To be eligible to receive a grant under section 3 
or 8, a State educational agency shall submit an application to the 
Secretary at such time, in such manner, and accompanied by such 
information as the Secretary may reasonably require.
    (b) Contents.--The application described in subsection (a) shall 
include assurances--
            (1) that the State educational agency is designated as the 
        agency responsible for the administration and supervision of 
        programs assisted under this Act;
            (2) of the State educational agency's ability to provide 
        matching funds for the activities to be assisted under this Act 
        in an amount equal to not less than 20 percent of the grant 
        funds to be received, which matching funds shall be provided in 
        cash or in-kind;
            (3) that funds received under this Act shall be used to 
        identify and support gifted and talented students, including 
        students from all economic, ethnic, and racial backgrounds, 
        students of limited English proficiency, students with 
        disabilities, and highly gifted students;
            (4) that funds received under this Act shall be used only 
        to supplement, not supplant, the amount of State and local 
        funds expended for the specialized education and related 
        services provided for the education of gifted and talented 
        students; and
            (5) that the State shall develop and implement program 
        assessment models to evaluate educational effectiveness and 
        ensure program accountability.
    (c) Approval.--The Secretary shall approve an application of a 
State educational agency under this section if such application meets 
the requirements of this section.

SEC. 6. DISTRIBUTION TO LOCAL EDUCATIONAL AGENCIES.

    (a) Grant Competition.--A State educational agency shall use not 
less than 88 percent of the funds made available to the State education 
agency under this Act to award grants, on a competitive basis, to local 
educational agencies (including consortia of local educational 
agencies) to support programs, classes, and other services designed to 
meet the needs of gifted and talented students.
    (b) Size of Grant.--A State educational agency shall award a grant 
under subsection (a) for any fiscal year in an amount sufficient to 
meet the needs of the students to be served under the grant.

SEC. 7. LOCAL APPLICATIONS.

    (a) Application.--To be eligible to receive a grant under this Act, 
a local educational agency (including a consortium of local educational 
agencies) shall submit an application to the State educational agency.
    (b) Contents.--Each such application shall include--
            (1) an assurance that the funds received under this Act 
        will be used to identify and support gifted and talented 
        students, including gifted and talented students from all 
        economic, ethnic, and racial backgrounds, such students of 
        limited English proficiency, and such students with 
        disabilities;
            (2) a description of how the local educational agency will 
        meet the educational needs of gifted and talented students, 
        including the training of personnel in the education of gifted 
        and talented students; and
            (3) an assurance that funds received under this Act will be 
        used to supplement, not supplant, the amount of funds the local 
        educational agency expends for the education of and related 
        services for, the education of gifted and talented students.

SEC. 8. COMPETITIVE GRANTS TO STATES.

    If the amount appropriated under section 11 for a fiscal year is 
less than $50,000,000, then the Secretary may use the funds that are 
not reserved under section 4(a) to award grants, on a competitive 
basis, to State educational agencies to enable the State educational 
agencies to begin implementing activities described in section 3 
through the awarding of grants on a competitive basis to local 
educational agencies.

SEC. 9. REPORTING.

    Not later than 1 year after the date of enactment of this Act and 
for each subsequent year thereafter, the State educational agency shall 
submit an annual report to the Secretary that describes the number of 
students served and the activities supported with funds provided under 
this Act. The report shall include a description of the measures taken 
to comply with the accountability requirements of section 5(b)(5).

SEC. 10. DEFINITIONS.

    In this Act:
            (1) Gifted and talented.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the term ``gifted and talented'' when used with 
                respect to a person or program--
                            (i) has the meaning given the term under 
                        applicable State law; or
                            (ii) in the case of a State that does not 
                        have a State law defining the term, has the 
                        meaning given such term by definition of the 
                        State educational agency or local educational 
                        agency involved.
                    (B) Special rule.--In the case of a State that does 
                not have a State law that defines the term, and the 
                State educational agency or local educational agency 
                has not defined the term, the term has the meaning 
                given the term in section 14101 of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 8801).
            (2) Local educational agency.--The term ``local educational 
        agency'' has the meaning given the term in section 14101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        8801).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (4) State.--The term ``State'' means each of the 50 States, 
        the District of Columbia, and the Commonwealth of Puerto Rico.
            (5) State educational agency.--The term ``State educational 
        agency'' has the meaning given the term in section 14101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        8801).

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act, 
$160,000,000 for each of fiscal years 2002, 2003, 2004, 2005, and 2006.
                                 <all>