Programs for gifted and talented students

Title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended by adding at the end the following:

Gifted and Talented Students

2501.

Short title

This part may be cited as the

Jacob K. Javits Gifted and Talented Students Education Act

2502.

Purpose

The purpose of this part is to initiate a coordinated program of— (1)scientifically based research demonstration projects; (2)innovative instructional strategies; (3)high-quality professional development for teachers, principals, instructional support personnel, and school leadership personnel; and (4)other similar activities designed to build and enhance the ability of elementary schools and secondary schools nationwide to meet the special educational needs of gifted and talented students.

2503.

Rule of construction

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

2504.

Competitive grant program for gifted and talented students

(a)

Establishment of program

(1)

In general

From the sums appropriated under section 2510 to carry out this section, the Secretary (after consultation with experts in the field of the education of gifted and talented students) shall make grants to, or enter into contracts with, State educational agencies, local educational agencies, institutions of higher education, other public agencies, and other private agencies and organizations (including Indian tribes and Indian tribal organizations (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)) and Native Hawaiian organizations) to assist such entities in carrying out programs or projects authorized by this part that are designed to meet the educational needs of gifted and talented students, including the training of personnel (including teachers, principals, instructional support personnel, and school leadership personnel) in the identification and education of gifted and talented students. (2)

Application

Each entity seeking assistance under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. Each such application shall describe how— (A)the proposed gifted and talented services, materials, and instructional strategies will be used to identify and serve gifted and talented students; (B)if appropriate, the services, materials, and instructional strategies can be adapted for use by all students; and (C)the proposed programs can be evaluated. (b)

Use of funds

Programs and projects assisted under this section may include each of the following: (1)Conducting— (A)scientifically based research on methods, and techniques for identifying and serving gifted and talented students and, if appropriate, for using gifted and talented programs and methods to serve all students; and (B)program evaluations, surveys, and the collection, analysis, and development of the information needed to accomplish the purpose of this part. (2)Carrying out professional development (including fellowships) for personnel (including teachers, principals, instructional support personnel, and school leadership personnel) involved in the education of gifted and talented students. (3)Establishing and operating model projects and exemplary programs for serving gifted and talented students, including innovative methods for identifying and educating students who may not be served by traditional gifted and talented programs (such as summer programs, mentoring programs, service learning programs, and cooperative programs involving business, industry, and education). (4)Implementing innovative strategies, such as cooperative learning, peer tutoring, and service learning. (5)Carrying out programs of technical assistance and information dissemination to promote instructional and professional development strategies used with gifted students and, where appropriate, how they may be adapted for use by all students. (6)Making materials and services available through State regional educational service centers, institutions of higher education, or other entities. (7)Providing funds for challenging, high-level course work, disseminated through technologies (including distance learning), for individual students or groups of students in schools and local educational agencies that would not otherwise have the resources to provide such course work. (c)

Center for research and development

(1)

In general

From the amounts appropriated under section 2510 to carry out this subsection, the Secretary (after consultation with experts in the field of the education of gifted and talented students) shall establish a National Research Center for the Education of Gifted and Talented Children and Youth through grants to, or contracts with, one or more institutions of higher education or State educational agencies, or a combination or consortium of such institutions and agencies and other public or private agencies and organizations, for the purpose of carrying out activities described in subsection (b). (2)

Director

The National Center shall be headed by a Director. The Secretary may authorize the Director to carry out such functions of the National Center as may be agreed upon through arrangements with institutions of higher education, State educational agencies, local educational agencies, or other public or private agencies and organizations. (d)

Coordination

Scientifically based research activities supported under this part— (1)shall be carried out in consultation with the Institute for Education Sciences to ensure that such activities are coordinated with and enhance the research and development activities supported by such Office; and (2)may include collaborative scientifically based research activities which are jointly funded and carried out with such Institute.

2505.

Formula grant program for gifted and talented students

(a)

Establishment of Program

From the sums allocated under subsection (b)(2), the Secretary shall award grants to State educational agencies to— (1)carry out State activities described in section 2504(b); and (2)award subgrants to local educational agencies under subsection (e) for developing or expanding gifted and talented education programs, through activities such as high quality professional development for teachers, principals, instructional support personnel, and school leadership personnel. (b)

Allotments to States

(1)

Reservation of funds

From the sums appropriated under section 2510 to carry out this section for each fiscal year, the Secretary shall reserve ½ of 1 percent for the Secretary of the Interior to carry out programs under this section for the professional development of teachers, other staff, and administrators in schools operated or funded by the Bureau of Indian Affairs. (2)

State Allotments

(A)

In general

From the sums appropriated under section 2510 to carry out this section and not reserved under paragraph (1), the Secretary shall allot, and make available in accordance with this section, to each State educational agency with an approved application an amount that bears the same ratio to such sums as the number of individuals aged 5 through 17 in the State (as determined by the Secretary on the basis of the most recent satisfactory data) to the total number of such individuals in all States, except that no State educational agency shall receive less than an amount equal to ½ of 1 percent of such amounts. (B)

Reallotment

If a State educational agency does not submit an application or the Secretary does not approve a State educational agency’s application, the Secretary shall reallot any portion of the State educational agency’s allotment under subparagraph (A) to the remaining State educational agencies in accordance with subparagraph (A). (c)

State application

(1)

In general

To be eligible to receive a grant under this section, 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. (2)

Contents

Each application under paragraph (1) shall include assurances that— (A)the funds received under this section will be used to identify, serve, and support gifted and talented students from all economic, ethnic, and racial backgrounds, including students of limited English proficiency and students with disabilities; (B)the funds not retained by the State educational agency shall be used for the purpose of awarding subgrants on a competitive basis to local educational agencies in accordance with this section; (C)the funds received under this section 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; (D)the State educational agency will match the funds received under this section, in cash or in kind, in an amount equal to not less than 10 percent of such funds; and (E)the State educational agency shall develop and implement program assessment models to ensure program accountability and to evaluate educational effectiveness. (3)

Approval

To the extent funds are made available to carry out this section, the Secretary shall approve an application of a State if such application meets the requirements of this section. (d)

Limitations on Use of Funds

(1)

In general

A State educational agency receiving a grant under this part may not use more than 10 percent of the grant funds for— (A)dissemination of general program information and successful instructional and professional development strategies used; (B)providing technical assistance under this part including high-quality professional development to assist teachers, principals and instructional support personnel in improving their knowledge and skills in order to identify and serve gifted and talented students; (C)monitoring and evaluation of programs and activities assisted under this part; (D)providing support for parental involvement; or (E)creating a State gifted education advisory board. (2)

Course work provided through emerging technologies

Grant funds provided under this section that are used for activities described in section 2504(b)(7) may include development of curriculum packages, compensation of distance-learning educators, or other relevant activities, but grant funds provided under this section may not be used for the purchase or upgrading of technological hardware. (3)

Administrative Costs

A State educational agency may use not more than 50 percent of the funds made available to the State educational agency under this section for administrative costs. (e)

Subgrants to local educational agencies

(1)

Subgrants Authorized

A State educational agency shall use not less than 90 percent of the grant funds awarded to such State educational agency under this section to award subgrants to local educational agencies (including consortia of local educational agencies) to enable the local educational agencies to carry out the activities described in section 2504(b). (2)

Competitive Process

State educational agencies shall award subgrants under this section to local educational agencies through a competitive process that results in an equitable distribution by geographic area within the State. (3)

Size of Subgrant

A State educational agency shall award a subgrant under this section for any fiscal year in an amount sufficient to meet the needs of the students to be served under the subgrant. (4)

Applications of local educational agencies

(A)

Application

To be eligible to receive a subgrant under this part, a local educational agency (including a consortium of local educational agencies) shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may reasonably require. (B)

Contents

Each application under this section shall include— (i)an assurance that the subgrant funds received under this section will be used to identify, serve, and support gifted and talented students from all economic, ethnic, and racial backgrounds, including students of limited English proficiency and students with disabilities; (ii)a description of how the local educational agency will meet the educational needs of gifted and talented students, including the training of personnel (including teachers and school leadership personnel) in the identification and education of gifted and talented students; and (iii)an assurance that subgrant funds received under this section 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.

2506.

Annual reporting

Beginning 1 year after the date of enactment of the Jacob K. Javits Gifted and Talented Students Education Act and for each year thereafter, each entity receiving a grant or subgrant under this part shall submit an annual report to the Secretary that describes the number of students served and the activities supported with funds provided under this part. The report shall include a description of the measures taken to comply with the required uses of funds described in section 2504(b).

2507.

Construction

2508.

Program priorities

(a)

General priority

In carrying out this part, the Secretary shall give highest priority to programs and projects designed to develop new information that— (1)improves the capability of schools to plan, conduct, and improve programs to identify and serve gifted and talented students; and (2)assists schools in the identification of, and provision of services to, gifted and talented students (including economically disadvantaged individuals, individuals with limited English proficiency, and individuals with disabilities) who may not be identified and served through traditional assessment methods. (b)

Service priority

The Secretary shall ensure that not less than 50 percent of the applications approved under this part in a fiscal year address the priority described in subsection (a)(2) of this section.

2509.

General provisions

(a)

Review, dissemination, and evaluation

The Secretary shall— (1)use a peer review process in reviewing applications under this part; (2)ensure that information on the activities and results of programs and projects funded under this part is disseminated to appropriate State educational agencies, local educational agencies, and other appropriate organizations, including nonprofit private organizations; and (3)evaluate the effectiveness of programs under this part in accordance with section 9601, in terms of the impact on students traditionally served in separate gifted and talented programs and on other students, and submit the results of such evaluation to Congress not later than 2 years after the date of enactment of this part. (b)

Program operations

The Secretary shall ensure that the programs under this part are administered within the Department by a person who has recognized professional qualifications and experience in the field of the education of gifted and talented students and who shall— (1)administer and coordinate the programs authorized under this part; (2)serve as a focal point of national leadership and information on the educational needs of gifted and talented students and the availability of educational services and programs designed to meet such needs; (3)assist the Director of the Institute of Education Science in identifying research priorities that reflect the needs of gifted and talented students; (4)consult on and disseminate the information to other offices within the Department and to the public; and (5)every 3 years, based on the annual reports received under section 2506, prepare and submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, Pensions of the Senate a report on the program outcomes of the programs funded under this part, and the promising practices developed through programs or projects funded under this part.

2510.

Authorization of appropriations

(a)

In general

There are authorized to be appropriated to the Secretary $100,000,000 to carry out this part for fiscal year 2010 and such sums as may be necessary for each fiscal year thereafter. (b)

Allocation of funding

Of the amounts appropriated under subsection (a), the Secretary shall allocate— (1)up to $7,500,000 to carry out section 2504(c); (2)any amount in excess of $7,500,000, but not more than $92,500,000, to carry out the remainder of section 2504; and (3)any amount in excess of $100,000,000 to carry out section 2505.

2511.

Definitions

For purposes of this part: (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.