[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1191 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 1191

 To provide a grant program for gifted and talented students, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 11, 2003

 Mr. Gallegly introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
 To provide a grant program for gifted and talented students, and for 
                            other purposes.

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

SECTION 1. GRANT PROGRAM FOR GIFTED AND TALENTED STUDENTS.

    (a) Short Title.--This Act may be cited as the ``Gifted and 
Talented Students Education Act of 2003''.
    (b) Amendment.--Subpart 6 of part D of title V of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 7253 et seq.) is amended 
by adding at the end the following:

      ``Chapter B--Grant Program For Gifted and Talented Students

``SEC. 5467. FINDINGS; ESTABLISHMENT OF PROGRAM; AUTHORIZED ACTIVITIES.

    ``(a) Findings.--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) 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.
            ``(3) Elementary school and secondary school teachers have 
        students in their classrooms with a wide variety of traits, 
        characteristics, and needs. Most teachers receive some training 
        to meet the needs of these students, such as students with 
        limited English proficiency, students with disabilities, and 
        students from diverse cultural and racial backgrounds. However, 
        most teachers do not receive training on meeting the needs of 
        students who are gifted and talented.
            ``(4) While the families or communities of some gifted 
        students can provide private programs with appropriately 
        trained staff to supplement public educational offerings, most 
        high-ability students, especially those from inner cities, 
        rural communities, or low-income families, must rely on the 
        services and personnel provided by public schools. Therefore, 
        gifted education programs, provided by qualified professionals 
        in the public schools, are needed to provide equal educational 
        opportunities.
            ``(5) 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.
            ``(6) There currently is no Federal requirement to identify 
        or serve the Nation's approximately 3,000,000 gifted and 
        talented students.
            ``(7) 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.
            ``(8) To meet the future economic and national security 
        needs of the United States, 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 to secure 
        our Nation's position in the world.
            ``(9) 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 
mathematics 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.
            ``(10) 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) Program Authorized.--
            ``(1) Competitive grants to states.--If the amount 
        appropriated under section 5468 for a fiscal year is greater 
        than $7,500,000 but less than $57,500,000, then the Secretary 
        may use such amount to award grants, on a competitive basis, to 
        State educational agencies to enable the State educational 
        agencies to award grants to local educational agencies under 
        section 5467C for developing or expanding gifted and talented 
        education programs, and providing direct educational services 
        and materials.
            ``(2) Formula grants to states.--If the amount appropriated 
        under section 5468 for a fiscal year equals or exceeds 
        $57,500,000, then the Secretary may use such amount to award 
        grants to State educational agencies, from allotments under 
        section 5467B, to enable the State educational agencies to 
        award grants to local educational agencies under section 5467C 
        for developing or expanding gifted and talented education 
        programs, and providing direct educational services and 
        materials.
    ``(c) Authorized Activities.--Grant funds provided under this 
chapter shall be used to carry out 1 or more of the following 
activities:
            ``(1) Any activity described in paragraph (2), (4), (6), or 
        (7) of section 5464(b).
            ``(2) 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.
    ``(d) Limitations on Use of Funds.--
            ``(1) Course work provided through emerging technologies.--
        Grant funds provided under this chapter that are used for 
        activities described in section 5464(b)(7) may include 
        development of curriculum packages, compensation of distance-
        learning educators, or other relevant activities, but grant 
        funds provided under this chapter may not be used for the 
        purchase or upgrading of technological hardware.
            ``(2) State use of funds.--
                    ``(A) In general.--A State educational agency 
                receiving a grant under this chapter may not use more 
                than 10 percent of the grant funds for--
                            ``(i) dissemination of general program 
                        information;
                            ``(ii) providing technical assistance under 
                        this chapter;
                            ``(iii) monitoring and evaluation of 
                        programs and activities assisted under this 
                        chapter;
                            ``(iv) providing support for parental 
                        education; or
                            ``(v) creating a State gifted education 
                        advisory board.
                    ``(B) Administrative costs.--A State educational 
                agency may use not more than 50 percent of the funds 
                made available to the State educational agency under 
                subparagraph (A) for administrative costs.

``SEC. 5467A. ALLOTMENTS TO STATES.

    ``(a) Reservation of Funds.--From the amount made available to 
carry out this chapter for any fiscal year, the Secretary shall reserve 
\1/2\ of 1 percent for the Secretary of the Interior for programs under 
this chapter for teachers, other staff, and administrators in schools 
operated or funded by the Bureau of Indian Affairs.
    ``(b) State Allotments.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Secretary shall allot the total amount made available to carry 
        out this chapter for any fiscal year and not reserved under 
        subsection (a) to the States on the basis of their relative 
        populations of individuals aged 5 through 17, as determined by 
        the Secretary on the basis of the most recent satisfactory 
        data.
            ``(2) Minimum grant amount.--No State receiving an 
        allotment under paragraph (1) may receive less than \1/2\ of 1 
        percent of the total amount allotted under such paragraph.
    ``(c) Reallotment.--If any State does not apply for an allotment 
under this section for any fiscal year, then the Secretary shall 
reallot such amount to the remaining States in accordance with this 
section.

``SEC. 5467B. STATE APPLICATION.

    ``(a) In General.--To be eligible to receive a grant under this 
chapter, a State educational agency shall submit an application to the 
Secretary at such time, in such manner, and containing such information 
as the Secretary may reasonably require.
    ``(b) Contents.--Each application under this section shall include 
assurances that--
            ``(1) the funds received under this chapter 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) the funds not retained by the State educational 
        agency shall be used for the purpose of making, in accordance 
        with this chapter and on a competitive basis, grants to local 
        educational agencies;
            ``(3) the funds received under this chapter shall be used 
        only to supplement, but not supplant, the amount of State and 
        local funds expended for the education of, and related services 
        for, gifted and talented students;
            ``(4) the State educational agency will provide matching 
        funds for the activities to be assisted under this chapter in 
an amount equal to not less than 10 percent of the grant funds to be 
received, which matching funds may be provided in cash or in kind; and
            ``(5) the State educational agency shall develop and 
        implement program assessment models to ensure program 
        accountability and to evaluate educational effectiveness.
    ``(c) Approval.--To the extent funds are made available to carry 
out this chapter, the Secretary shall approve an application of a State 
if such application meets the requirements of this section.

``SEC. 5467C. DISTRIBUTION TO LOCAL EDUCATIONAL AGENCIES.

    ``(a) Grant Competition.--A State educational agency shall use not 
less than 90 percent of the funds made available to the State 
educational agency under this chapter to award grants to local 
educational agencies (including consortia of local educational 
agencies) to enable the local educational agencies to carry out the 
authorized activities described in section 5467(c).
    ``(b) Competitive Process.--Funds provided under this chapter to 
local educational agencies shall be distributed to local educational 
agencies through a competitive process that results in an equitable 
distribution by geographic area within the State.
    ``(c) 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. 5467D. LOCAL APPLICATIONS.

    ``(a) Application.--To be eligible to receive a grant under this 
chapter, a local educational agency (including a consortium of local 
educational agencies) shall submit an application to the State 
educational agency.
    ``(b) Contents.--Each application under this section shall 
include--
            ``(1) an assurance that the funds received under this 
        chapter 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 chapter 
        will be used to supplement, not supplant, the amount of funds 
        the local educational agency expends for the education of, and 
        related services for, gifted and talented students.

``SEC. 5467E. ANNUAL REPORTING.

    ``Beginning 1 year after the date of enactment of the Gifted and 
Talented Students Education Act of 2003 and for each 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 chapter. The report 
shall include a description of the measures taken to comply with 
paragraphs (1) and (4) of section 5467B(b).

``SEC. 5467F. CONSTRUCTION.

    ``Nothing in this chapter shall be construed to prohibit a 
recipient of funds under this chapter from serving gifted and talented 
students simultaneously with students with similar educational needs, 
in the same educational settings where appropriate.

``SEC. 5467G. PARTICIPATION OF PRIVATE SCHOOL CHILDREN AND TEACHERS.

    ``In making grants under this chapter, the Secretary shall ensure, 
where appropriate, that provision is made for the equitable 
participation of students and teachers in private nonprofit elementary 
schools and secondary schools, including the participation of teachers 
and other personnel in professional development programs serving such 
children.

``SEC. 5467H. DEFINITIONS.

    ``For purposes of this chapter:
            ``(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 9101.
            ``(2) State.--The term `State' means each of the 50 States, 
        the District of Columbia, and the Commonwealth of Puerto Rico.

              ``Chapter C--Authorization of Appropriations

``SEC. 5468. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this subpart 
$170,000,000 for each of fiscal years 2004 through 2010, of which--
            ``(1) $7,500,000 shall be available for each fiscal year to 
        carry out chapter A; and
            ``(2) the remainder shall be available for each fiscal year 
        to carry out chapter 2.''.

SEC. 2. TECHNICAL AND CONFORMING AMENDMENTS.

    Subpart 6 of part D of title V of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7253 et seq.) is amended--
            (1) by inserting after the subpart designation the 
        following:

  ``Chapter A--Jacob K. Javits Gifted and Talented Students Education 
                               Program'';

            (2) in section 5461 (20 U.S.C. 7253), by striking ``This 
        part'' and inserting ``This chapter'';
            (3) by striking ``this part'' each place the term appears 
        and inserting ``this chapter''; and
            (4) in section 5464 (20 U.S.C. 7253c)--
                    (A) by striking subsection (c); and
                    (B) by redesignating subsections (d) and (e) as 
                subsections (c) and (d), respectively.
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