[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1674 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1674

  To amend the Elementary and Secondary Education Act of 1965 to aid 
   gifted and talented learners, including high-ability learners not 
                     formally identified as gifted.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 2, 2011

Mr. Gallegly (for himself and Mr. Payne) introduced the following bill; 
   which was referred to the Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
  To amend the Elementary and Secondary Education Act of 1965 to aid 
   gifted and talented learners, including high-ability learners not 
                     formally identified as gifted.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``To Aid Gifted and 
High-Ability Learners by Empowering the Nation's Teachers Act'' or the 
``TALENT Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. References.
             TITLE I--IMPROVING BASIC PROGRAM REQUIREMENTS

Sec. 101. State plans.
Sec. 102. Annual State report cards.
Sec. 103. Local educational agency plans.
     TITLE II--IMPROVING TEACHING FOR GIFTED AND TALENTED STUDENTS

Sec. 201. State plans.
Sec. 202. Local plans.
        TITLE III--GIFTED AND TALENTED STUDENTS IN RURAL SCHOOLS

Sec. 301. Small rural school achievement program.
Sec. 302. Rural and low-income school program.
  TITLE IV--AIDING GIFTED AND HIGH-ABILITY LEARNERS BY EMPOWERING THE 
                           NATION'S TEACHERS

Sec. 401. Establishment of TALENT program.
                      TITLE V--GENERAL PROVISIONS

Sec. 501. Definitions.
Sec. 502. Repeal of the Jacob K. Javits gifted and talented program.
Sec. 503. Technical and conforming amendments.
Sec. 504. Effective date.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Academically gifted and talented students make up an 
        estimated 6 to 10 percent of the prekindergarten through grade 
        12 student population, totaling between 3,000,000 and 6,000,000 
        students.
            (2) There is a growing gap at the highest levels of 
        achievement between the performance of subgroups of students, 
        particularly between the performance of students who are 
        African-American or Hispanic and the performance of White 
        students, on statewide assessments and on the National 
        Assessment of Educational Progress.
            (3) Students with gifts and talents, and high-ability 
        students who have not been formally identified for gifted 
        education services, require modifications to the general 
        education curriculum to fully meet their potential.
            (4) Effective assessment and instruction of students with 
        gifts and talents requires educators to have specialized 
        knowledge and skills.
            (5) Ninety percent of teachers nationwide want more 
        professional development focused on the skills necessary for 
        teaching advanced students.
            (6) Interventions and strategies that have been 
        demonstrated to be successful with gifted and talented students 
        can be modified to improve the achievement of all students.
            (7) The availability of gifted education programs and 
        services to students who require such services is unequal and 
        often relies solely on local resources and leadership, leaving 
        many high-ability students from rural areas or who are English 
        language learners or Hispanic, African-American, or Native 
        American, among others, without access to appropriate services.
            (8) There are an estimated 360,000 students in the United 
        States who are both gifted and have a disability. These ``twice 
        exceptional'' children present special challenges because their 
        disability often masks their academic potential or their 
        academic strengths may mask their disability, resulting in a 
        lack of services and supports for this student population.
            (9) The development and dissemination of research and 
        national data on gifted and talented students is necessary to--
                    (A) guide evidence-based classroom practices vital 
                to meeting the unique needs of this population of 
                students; and
                    (B) contribute to the decisionmaking of educators, 
                families, and policymakers.

SEC. 3. REFERENCES.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Elementary and Secondary 
Education Act (20 U.S.C. 6301 et seq.).

             TITLE I--IMPROVING BASIC PROGRAM REQUIREMENTS

SEC. 101. STATE PLANS.

    (a) Accountability.--Section 1111(b)(2)(A) (20 U.S.C. 
6311(b)(2)(A)) is amended--
            (1) in clause (ii), by striking ``and'' after the 
        semicolon;
            (2) in clause (iii), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
                            ``(iv) include a recognition program for 
                        local educational agencies in the State that, 
                        for each category of students described in 
                        subparagraph (C)(v), significantly increase the 
                        proportion of students scoring at or above the 
                        advanced level of achievement on the State 
                        academic assessments under subsection 
                        (a)(3).''.
    (b) State Assessments.--Section 1111(b)(3) (20 U.S.C. 6311(b)(3)) 
is amended--
            (1) in subparagraph (A)--
                    (A) by inserting ``vertically scaled,'' after 
                ``high-quality,''; and
                    (B) by inserting ``and exceed'' after ``children to 
                meet''; and
            (2) in subparagraph (C)--
                    (A) in clause (xiv), by striking ``and'' after the 
                semicolon;
                    (B) in clause (xv), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
                            ``(xvi) measure the full spectrum of 
                        student learning, by being, at a minimum--
                                    ``(I) vertically scaled in 
                                alignment with the State academic 
                                content standards and student academic 
                                achievement standards; and
                                    ``(II) able to determine student 
                                mastery of content standards above the 
                                grade level in which the student is 
                                enrolled.''.
    (c) Accountability System.--Section 1111(b) (20 U.S.C. 6311(b)) is 
amended--
            (1) in paragraph (8)--
                    (A) in subparagraph (D), by striking ``and'' after 
                the semicolon;
                    (B) by redesignating subparagraph (E) as 
                subparagraph (F); and
                    (C) by inserting after subparagraph (D) the 
                following:
                    ``(E) the specific steps the State educational 
                agency will take to assist each local educational 
                agency and school affected by the State plan to provide 
                additional educational assistance to individual 
                students who--
                            ``(i) perform at the advanced level of 
                        achievement on the State academic assessments 
                        described in paragraph (3); or
                            ``(ii) are gifted and talented (including 
                        high-ability students who have not been 
                        formally identified for gifted education 
                        services); and''; and
            (2) in paragraph (10)(B), by inserting ``, including 
        students who score at the advanced level of achievement on 
        State academic assessments described in paragraph (3) and 
        students who are gifted and talented (including high-ability 
        students who have not been formally identified for gifted 
        education services)'' before the period at the end.

SEC. 102. ANNUAL STATE REPORT CARDS.

    Section 1111(h)(1)(C) (20 U.S.C. 6311(h)(1)(C)) is amended--
            (1) in clause (vii), by striking ``; and'' and inserting a 
        semicolon;
            (2) by redesignating clause (viii) as clause (ix); and
            (3) by inserting after clause (vii) the following:
                            ``(viii) the most recent 2-year trend in 
                        student achievement for students scoring in the 
                        highest 10 percent on the State academic 
                        assessments under subsection (a)(3), in each 
                        subject area, and each grade level, for which 
                        such assessments are required, disaggregated by 
                        each of the categories described in subsection 
                        (b)(2)(C)(v); and''.

SEC. 103. LOCAL EDUCATIONAL AGENCY PLANS.

    (a) Plan Provisions.--Section 1112(b)(1) (20 U.S.C. 6312(b)(1)) is 
amended--
            (1) in subparagraph (P), by striking ``and'' after the 
        semicolon;
            (2) in subparagraph (Q), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(R) a description of how the local educational 
                agency will identify gifted and talented students, 
                including high-ability students who have not previously 
                been formally identified for gifted education services, 
                and provide services to support the learning needs of 
                such students to ensure that such students make 
                appropriate learning gains.''.
    (b) Schoolwide Programs.--Section 1114(b)(1) (20 U.S.C. 6314(b)(1)) 
is amended by adding at the end the following:
                    ``(K) A description of how the school will identify 
                gifted and talented students, including high-ability 
                students who have not previously been formally 
                identified for gifted education services, and provide 
                services to support such students' learning needs to 
                ensure that such students make appropriate learning 
                gains.''.
    (c) Targeted Assistance Schools.--Section 1115(c)(1) (20 U.S.C. 
6315(c)(1)) is amended--
            (1) in subparagraph (G), by striking ``and'' after the 
        semicolon;
            (2) in subparagraph (H), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(I) describe how the school will identify gifted 
                and talented students, including high-ability students 
                who have not previously been formally identified for 
                gifted education services, and provide services to 
                support their learning needs to ensure that gifted and 
                talented and high-ability students make appropriate 
                learning gains.''.

     TITLE II--IMPROVING TEACHING FOR GIFTED AND TALENTED STUDENTS

SEC. 201. STATE PLANS.

    Section 2112(b)(5) (20 U.S.C. 6612(b)(5)) is amended by adding at 
the end the following:
            ``(C) A description of the comprehensive strategy the State 
        educational agency will use to improve the teaching skills of 
        teachers, principals, pupil services personnel, and other 
        instructional leaders in order to enable them to employ 
        strategies that focus on--
                    ``(i) the identification of students' specific 
                learning needs, particularly students with 
                disabilities, students who are limited English 
                proficient, students who are gifted and talented, and 
                students with low literacy levels; and
                    ``(ii) the tailoring of academic instruction to 
                such needs.''.

SEC. 202. LOCAL PLANS.

    Section 2122(b)(2) (20 U.S.C. 6622(b)(2)) is amended--
            (1) by striking ``to eliminate the achievement'' and 
        inserting the following: ``to eliminate--
                    ``(A) the achievement'';
            (2) by striking ``students.'' and inserting ``students; 
        and''; and
            (3) by adding at the end the following:
                    ``(B) including the achievement gap between the 
                highest 10 percent of scores on the State academic 
                assessments for students in each category described in 
                section 1111(b)(2)(C)(v)(II), as compared to the 
                highest 10 percent of such scores for all students 
                served by the local educational agency.''.

        TITLE III--GIFTED AND TALENTED STUDENTS IN RURAL SCHOOLS

SEC. 301. SMALL RURAL SCHOOL ACHIEVEMENT PROGRAM.

    Section 6211 (20 U.S.C. 7345) is amended by inserting ``, including 
supporting gifted and talented students, including high-ability 
students who have not been formally identified for gifted education 
services,'' after ``local activities''.

SEC. 302. RURAL AND LOW-INCOME SCHOOL PROGRAM.

    Section 6222(a)(2) (20 U.S.C. 7351a(a)(2)) is amended by striking 
``and to'' and inserting ``, train teachers to meet the unique learning 
needs of gifted and talented students, including high-ability students 
who have not been formally identified for gifted education services, 
and''.

  TITLE IV--AIDING GIFTED AND HIGH-ABILITY LEARNERS BY EMPOWERING THE 
                           NATION'S TEACHERS

SEC. 401. ESTABLISHMENT OF TALENT PROGRAM.

    (a) In General.--Title II (20 U.S.C. 6601 et seq.) is amended by 
adding at the end the following:

  ``PART E--AIDING GIFTED AND HIGH-ABILITY LEARNERS BY EMPOWERING THE 
                           NATION'S TEACHERS

``SEC. 2501. ESTABLISHMENT OF TALENT PROGRAM.

    ``(a) Purposes and Objectives.--
            ``(1) Purposes.--The purposes of this part are--
                    ``(A) to address the urgent need for innovation in 
                teaching gifted and talented students, including high-
                ability students who have not been formally identified 
                for gifted education services, by initiating a 
                coordinated program of high-quality professional 
                development for teachers (including gifted and talented 
                teachers), principals, pupil services personnel, and 
                other instructional leaders, to support the 
                identification and education of gifted and talented 
                students, including high-ability students who have not 
                previously been formally identified for gifted 
                education services;
                    ``(B) to spur the development and dissemination of 
                evidence-based best practices that elementary and 
                secondary schools and families can use to improve 
                instruction and learning by initiating evidence-based 
                demonstration projects that investigate the 
                effectiveness of services and programs to meet the 
                special education needs of gifted and talented 
                students, including high-ability students who have not 
                been formally identified for gifted education services; 
                and
                    ``(C) to establish a National Research and 
                Dissemination Center for the Education of the Gifted 
                and Talented to conduct and synthesize research and 
                disseminate practical information on improving 
                education outcomes for gifted and talented students, 
                including high-ability students who have not been 
                formally identified for gifted education services.
    ``(b) Applicability to All Gifted Students.--The provisions of this 
part apply to all gifted and talented students, including high-ability 
students, without regard as to whether such students have been formally 
identified as gifted and talented or selected for gifted education 
services.
    ``(c) Professional Development and Best Practices Grant Program.--
            ``(1) Definition of eligible entity.--In this subsection, 
        the term `eligible entity' means an institution of higher 
        education or State educational agency acting in a partnership 
        that--
                    ``(A) includes a State educational agency, local 
                educational agency, consortium of local educational 
                agencies, or an institution of higher education; and
                    ``(B) may include other public agencies, private 
                entities, or organizations, that have demonstrated 
                expertise in gifted education pedagogy.
            ``(2) Program authorized.--
                    ``(A) In general.--From the amounts appropriated to 
                carry out this subsection under section 5202(b)(2), the 
                Secretary, after consultation with experts in the field 
                of gifted and talented education, is authorized to 
                award, on a competitive basis, grants to eligible 
                entities to enable the eligible entities to carry out 
                activities supporting the purposes of subparagraph (A) 
                or (B) of subsection (a)(1).
                    ``(B) Duration of demonstration project grants.--A 
                grant awarded to carry out the purpose described in 
                subsection (a)(1)(B) shall be for a period of not less 
                than 3 years nor more than 5 years.
            ``(3) Applications.--Each entity seeking a grant under this 
        subsection 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--
                    ``(A) in the case of an application for a grant for 
                the purpose described in subsection (a)(1)(A), how the 
                proposed professional development program is designed 
                in response to a needs assessment;
                    ``(B) in the case of an application for a grant for 
                the purpose described in subsection (a)(1)(B)--
                            ``(i) how the proposed demonstration 
                        project will support the development and 
                        dissemination of evidence-based strategies and 
                        practices that local educational agencies and 
                        families can use to improve the identification 
                        and education of gifted and talented students, 
                        including high-ability students who have not 
                        previously been formally identified for gifted 
                        education services; and
                            ``(ii) how the grantee proposes to 
                        disseminate project findings and outcomes to 
                        general education and gifted and talented 
                        education professionals and to parents;
                    ``(C) where appropriate, how the professional 
                development program or demonstration project can be 
                adapted for use with all students; and
                    ``(D) how the proposed professional development 
                program or demonstration project will be evaluated.
            ``(4) Review of demonstration project applications.--In 
        reviewing applications for grants for the purpose described in 
        subsection (a)(1)(B), the Secretary shall select eligible 
        entities for such grants based on one or more of the following 
        priorities:
                    ``(A) Improving methods and techniques for 
                identifying and serving gifted and talented students, 
                including high-ability students who have not previously 
                been formally identified for gifted education services, 
                from underserved populations (including economically 
                disadvantaged individuals, individuals with limited 
                English proficiency, individuals with disabilities, and 
                individuals from rural geographic areas).
                    ``(B) Developing valid and reliable formative and 
                summative assessment instruments that accurately 
                measure student performance above grade level.
                    ``(C) Increasing the ability of teachers in general 
                education settings to identify and instruct gifted and 
                talented students, including high-ability students who 
                have not previously been formally identified for gifted 
                education services.
                    ``(D) Exploring the impact on achievement of 
                various school- and classroom-based educational 
                strategies such as multi-tiered supports and services, 
                accelerated learning opportunities, and enrichment.
                    ``(E) Improving--
                            ``(i) access to advanced programs and 
                        services by traditionally underserved 
                        populations; and
                            ``(ii) the effectiveness of the programs 
                        and services for such populations.
                    ``(F) Replicating, on a larger scale, successful 
                evidence-based practices.
            ``(5) Authorized use of funds.--
                    ``(A) Ensuring necessary teaching skills.--An 
                eligible entity receiving a grant for the purpose 
                described in subsection (a)(1)(A) shall use grant funds 
                to ensure that school personnel, including teachers, 
                principals, pupil services personnel, and other 
                instructional leaders, have the necessary teaching 
                skills and educational strategies to ensure that gifted 
                and talented students, including high-ability students 
                who have not been formally identified for gifted 
                education services, are achieving at levels 
                commensurate with the students' ability or aptitude, by 
                implementing a professional development program that--
                            ``(i) enables school personnel to recognize 
                        the learning differences, developmental 
                        milestones, and cognitive and affective 
                        characteristics of gifted and talented 
                        students, including gifted and talented 
                        students from diverse backgrounds and high-
                        ability students who have not been formally 
                        identified for gifted education services, and 
                        to identify the students' related academic and 
                        social-emotional needs;
                            ``(ii) enables educators to--
                                    ``(I) understand, plan, and 
                                implement a range of evidence-based 
                                strategies to assess students who are 
                                gifted and talented, including high-
                                ability students who have not 
                                previously been formally identified for 
                                gifted education services, to 
                                differentiate instruction, content, and 
                                assignments for such students 
                                (including the use of higher-order 
                                critical and creative thinking skills), 
                                and to nominate such students for 
                                advanced programs or academic 
                                acceleration, as needed; and
                                    ``(II) understand how, if 
                                appropriate, such strategies may be 
                                adapted for the use of all students; 
                                and
                            ``(iii) builds the capacity of teachers, 
                        principals, pupil services personnel, and other 
                        instructional leaders to identify and serve 
                        such students.
                    ``(B) Supporting evidence-based research 
                demonstration projects.--An eligible entity receiving a 
                grant for the purpose described in subsection (a)(1)(B) 
                shall use grant funds to--
                            ``(i) conduct field-based research to 
                        develop innovative practices, assessment tools 
                        for gifted identification, materials, and other 
                        practices and strategies, that are designed 
                        specifically to address the needs of gifted and 
                        talented students, including high-ability 
                        students who have not been formally identified 
                        for gifted education services; and
                            ``(ii) provide research findings and other 
                        grant results to the National Research and 
                        Dissemination Center established under 
                        subsection (d) not later than 12 months after 
                        the completion of the grant period for 
                        synthesis and dissemination.
    ``(d) National Research and Dissemination Center for the Education 
of the Gifted and Talented.--
            ``(1) Definition of eligible entity.--In this subsection, 
        the term `eligible entity' means a partnership composed of not 
        less than one of each of the following:
                    ``(A) An institution of higher education with 
                expertise in gifted and talented education.
                    ``(B) A nonprofit organization with an established 
                national network of stakeholders, including parents and 
                classroom educators, interested in serving the unique 
                learning needs of gifted and talented students, 
                including high-ability students who have not been 
                formally identified for gifted education services.
            ``(2) Establishment of national research and dissemination 
        center.--From the amounts appropriated under section 2502(b)(1) 
        to carry out this subsection, the Secretary, through a 
        competitive grant process, is authorized to award a grant to an 
        eligible entity to enable the eligible entity to establish a 
        National Research and Dissemination Center for the Education of 
        the Gifted and Talented that is focused on the unique needs of 
        gifted and talented students, including high-ability students 
        who have not been formally identified for gifted education 
        services.
            ``(3) Authorized use of funds.--An eligible entity that 
        receives a grant under this subsection shall use the funds 
        provided under the grant to carry out all of the following 
        activities:
                    ``(A) Conduct evidence-based research on methods 
                and techniques for identifying and serving gifted and 
                talented students, including high-ability students who 
                have not previously been formally identified for gifted 
                education services and, where appropriate, for using 
                the methods and techniques to serve all students.
                    ``(B) Develop and disseminate evidence-based 
                resources on the unique learning needs of students who 
                are gifted and talented, including high-ability 
                students who have not been formally identified for 
                gifted education services, in order to--
                            ``(i) support teacher training and 
                        professional development strategies to improve 
                        the teaching skills of teachers (including 
                        general education, gifted and talented, and 
                        special education teachers); and
                            ``(ii) assist parents in supporting their 
                        gifted and talented children's education.
                    ``(C)(i) Synthesize research findings and 
                strategies (including research produced under grants 
                awarded under subsection (c)) on meeting the needs of 
                gifted and talented students, including high-ability 
                students who have not been formally identified for 
                gifted education services.
                    ``(ii) Disseminate such research findings and 
                strategies widely, including to--
                            ``(I) the regional comprehensive centers 
                        authorized under section 203 of the Educational 
                        Technical Assistance Act of 2002 that provide 
                        technical assistance to States and local 
                        educational agencies; and
                            ``(II) the technical assistance and 
                        dissemination centers and parent training and 
                        information centers authorized under sections 
                        663 and 671, respectively, of the Individuals 
                        with Disabilities Education Act.
    ``(e) Annual Reporting.--Each entity receiving a grant 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.
    ``(f) 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.
    ``(g) Program Priorities.--In carrying out this part, the Secretary 
shall ensure that not less than 50 percent of the applications approved 
under subsection (c) in a fiscal year address one or more of the 
following priorities:
            ``(1) Improving the capability of schools to plan and 
        conduct targeted gifted and talented interventions and academic 
        services to ensure that the rate of growth in academic 
        achievement of subgroups of gifted and talented or high-ability 
        students who may not be identified and served through 
        traditional assessment methods (including economically 
        disadvantaged individuals, individuals with limited English 
        proficiency, and individuals with disabilities) is commensurate 
        with their aptitude or ability.
            ``(2) Assisting rural schools and local educational 
        agencies in providing services to gifted and talented students, 
        including high-ability students who have not previously been 
        formally identified for gifted education services.
    ``(h) General Provisions.--
            ``(1) Review, dissemination, and evaluation.--The Secretary 
        shall--
                    ``(A) use a peer review process in reviewing 
                applications under this part;
                    ``(B) ensure that information on the activities and 
                results of programs and projects funded under this part 
                is disseminated to State educational agencies, local 
                educational agencies, institution of higher education 
                teacher preparation programs, and other appropriate 
                organizations, including nonprofit organizations; and
                    ``(C) 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 the 
                To Aid Gifted and High-Ability Learners by Empowering 
                the Nation's Teachers Act.
            ``(2) 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 gifted and 
        talented education. Such individual shall--
                    ``(A) administer and coordinate the programs 
                authorized under this part;
                    ``(B) serve as a focal point of national leadership 
                and information on the educational needs of gifted and 
                talented students, including high-ability students who 
                have not been formally identified for gifted education 
                services, and the availability of educational services 
                and programs designed to meet such needs;
                    ``(C) assist the Director of the Institute of 
                Education Sciences in identifying research and data 
                collection priorities that reflect the needs of gifted 
                and talented students, including high-ability students 
                who have not been formally identified for gifted 
                education services, and would facilitate appropriate 
                decisionmaking by local educational agencies;
                    ``(D) consult with other offices within the 
                Department of Education and in other Federal 
                departments or agencies regarding issues involving 
                gifted and talented education, and disseminate 
                information on gifted and talented education to such 
                offices and the public; and
                    ``(E)(i) every 2 years, prepare and submit to the 
                Committee on Health, Education, Labor, and Pensions of 
                the Senate and the Committee on Education and the 
                Workforce of the House of Representatives, a report on 
                the outcomes and promising practices developed through 
                programs or projects funded under this part, as well as 
                the condition of gifted and talented students in the 
                United States; and
                    ``(ii) share such report with the Institute for 
                Education Sciences and the National Research and 
                Dissemination Center for the Education of the Gifted 
                and Talented established under subsection (d), in order 
                for the report to be disseminated nationally.

``SEC. 2502. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated to carry 
out this part $10,000,000 for fiscal year 2013 and such sums as may be 
necessary for each succeeding fiscal year.
    ``(b) Allocation of Funding.--Of the amounts appropriated under 
subsection (a) for a fiscal year, the Secretary--
            ``(1) shall allocate an amount not to exceed 20 percent of 
        the funds to carry out section 2501(d); and
            ``(2) shall, from the amount remaining after the allocation 
        under paragraph (1)--
                    ``(A) allocate 60 percent of such remaining amount 
                to carry out grants described in section 2501(a)(1)(A); 
                and
                    ``(B) allocate 40 percent of the remaining amount 
                to carry out grants described in section 
                2501(a)(1)(B).''.

                      TITLE V--GENERAL PROVISIONS

SEC. 501. DEFINITIONS.

    Section 9101 (20 U.S.C. 7801) is amended--
            (1) by redesignating paragraph (43) as paragraph (44); and
            (2) by inserting after paragraph (42) the following:
            ``(43) Teaching skills.--The term `teaching skills' has the 
        meaning given the term in section 200 of the Higher Education 
        Act of 1965.''.

SEC. 502. REPEAL OF THE JACOB K. JAVITS GIFTED AND TALENTED PROGRAM.

    (a) In General.--Subpart 6 of part D of title V (20 U.S.C. 7253 et 
seq.) is repealed.
    (b) Transition Provisions.--Notwithstanding any other provision of 
law, the Secretary of Education shall take such steps as are necessary 
to provide for the orderly transition to the authority of part E of 
title II of the Elementary and Secondary Education Act of 1965 (as 
enacted by title IV of this Act), from any authority under subpart 6 of 
part D of title V of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7253 et seq.) (as such subpart was in effect on the day 
before the effective date of this Act).

SEC. 503. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Table of Contents.--The table of contents in section 2 of the 
Elementary and Secondary Education Act of 1965 is amended--
            (1) by striking the items relating to subpart 6 of part D 
        of title V; and
            (2) by inserting after the item relating to section 2441 
        the following:

  ``PART E--Aiding Gifted and High-Ability Learners by Empowering the 
                           Nation's Teachers

``Sec. 2501. Establishment of TALENT program.
``Sec. 2502. Authorization of appropriations.''.
    (b) Amendments to Education Sciences Reform Act of 2002.--The 
Education Sciences Reform Act of 2002 (20 U.S.C. 9501) is amended--
            (1) in section 133(c)(2), by adding after subsection (K) 
        the following:
                    ``(L) The condition of education for gifted and 
                talented students.''; and
            (2) in section 153(a)(3), by inserting ``including children 
        who are gifted and talented,'' after ``population 
        characteristics,''.

SEC. 504. EFFECTIVE DATE.

    This Act, and the amendments made by this Act, shall take effect 1 
year after the date of enactment of this Act.
                                 <all>