[Congressional Record Volume 149, Number 33 (Monday, March 3, 2003)]
[Senate]
[Pages S3032-S3035]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. GRASSLEY (for himself, Mr. Cochran, Mr. Baucus, Mr. 
        DeWine, Mr. Johnson, and Ms. Snowe):
  S. 501. A bill to provide a grant program for gifted and talented 
students, and for other purposes; to the Committee on Health, 
Education, Labor, and Pensions.
  Mr. GRASSLEY. Mr. President, today I am reintroducing legislation 
intended to help states address the educational needs of gifted and 
talented students. There are approximately 3 million children in the 
United States who are considered gifted and talented. It is important 
to note that gifted and talented children are not simply the kids who 
do well in school and get good grades. In fact, not all gifted students 
get good grades and not all students who get straight A's are 
necessarily gifted learners. What makes a child gifted and talented is 
how he or she learns. Gifted and talented children actually look at the 
world differently and often have a different way of interacting 
socially. As a result, gifted and talented students have different 
educational needs than other students.
  I am reminded of an example from my home state of Iowa. I have 
learned of a third grade student from Iowa City named Jose. Jose was 
having trouble in school. He didn't always complete his assignments and 
he had trouble paying attention in class. He was also a bit of a loner 
and didn't interact much with his classmates. As a result, his teacher 
saw him as a problem student and struggled to get him to behave like 
the other children. Still, it was clear to Jose's parents that he had a 
hunger to learn. He loved to go to the library and was very 
inquisitive. Over the summer, Jose's parents had his IQ tested and he 
was found to have a high level of intelligence. As a result, when he 
started school again in the fall, his parents asked that he be 
identified as gifted and receive services. Jose now leaves his regular 
classroom a couple of times a week for what Iowa City schools call the 
``extended learning program.'' As a result, he is finally receiving the 
stimulation he was lacking at school. Jose now enjoys school more, has 
made new friends, and is doing great with his regular school work.
  Gifted and talented children have enormous potential. Today's gifted 
and talented child may grow up to become a leader in the field of 
science or a world-renowned performer. However, this will not happen 
automatically. Gifted and talented children need to be challenged and 
their unique skills must be nurtured. Currently, many gifted and 
talented children do not receive the educational programs and services 
they need to live up to their potential. In fact, many gifted and 
talented children lose interest in school; they learn how to expend 
minimum effort for top grades, have low motivation, and develop poor 
work habits. Some may abandon their education altogether and drop out 
of school. This is a tragedy not only for the students, but also for 
our society.
  We hear a lot about how the United States has a shortage of 
individuals with the skills in math and science that are necessary for 
our Nation to continue to be competitive in today's global economy. Our 
security agencies are scrambling to find linguists who know or can 
quickly learn foreign languages. In fact, one of the findings included 
in my bill states, ``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.''

  In times of national crisis or uncertainty, the United States has 
always turned to its best and brightest to solve whatever problems face 
us. The launch of Sputnik by the Soviet Union brought to national 
attention for the first time the need to develop the special gifts and 
talents of young Americans. Once again, we find ourselves in a time of 
uncertainty, facing new threats and challenges that we are struggling 
to understand. In order to ensure that our country is prepared to face 
whatever unforeseen problems will come our way in the future, we must 
invest now in this vital national resource, gifted students.

[[Page S3033]]

  My legislation is not intended to make the education of gifted and 
talented students primarily a Federal responsibility. Education is, and 
should be, chiefly a State and local responsibility. Nevertheless, the 
Federal Government does have a role to play. The availability and 
quality of gifted and talented educational services currently varies 
widely from State to State. This situation has an especially adverse 
effect on disadvantaged gifted students whose parents cannot afford to 
pay for private programs or summer camps. Untimately, gifted and 
talented students in every public school should have access to 
specialized educational services that are designed to address their 
learning needs. Still, my bill would simply provide the seed money to 
help States begin to expand the availability of gifted education 
services.
  My gifted and talented initiative would distribute grants, based on a 
State's student population, to each State education agency. States will 
then provide grants to local school districts on a competitive basis to 
be used to identify and provide educational services to gifted and 
talented students from all economic, ethnic, and racial backgrounds, 
including students with limited English proficiency and students with 
disabilities. Rather than providing a steady Federal funding stream 
directly to the local level, on which schools might become dependent, 
the competitive subgrants will allow States to target school districts 
that need to jump-start their gifted and talented program. At the same 
time, the local competitive grant process will encourage State 
education agencies to more closely examine the needs of gifted children 
in their respective States.
  At least 90 percent of the funds provided to a State must be 
subgranted to school districts and the funds must supplement, not 
supplant, funds currently being spent. Additionally, States must make 
their own commitment to gifted and talented students by matching 10 
percent of the Federal funds, either in cash or in kind. All of this is 
intended to help gifted and talents programs and services take root in 
each State and in local school districts so that they can grow and 
develop to fully address the unique educational needs of this special 
group of students.
  I have intentionally included a broad range of authorized uses for 
the grants in my bill in order to allow States and local school 
districts the flexibility to address their specific needs. School 
districts can use these funds to provide professional development for 
personnel involved in the education of gifted and talented students, 
including gifted education teachers, general education teachers, and 
other school personnel like administrators and school counselors. The 
funds can also be used to provide direct educational services and 
materials. Or, school districts could use the funds to support items 
like innovative strategies for teaching gifted students, making 
materials available through regional centers, or providing high-level 
course work through distance learning technology.

  The Federal involvement in gifted and talented education is not new. 
The Javits Gifted and Talented Students Education Act has provided 
valuable information on strategies to meet the needs of gifted students 
since 1988 through the funding of demonstration grants and the National 
Research Center on the Gifted and Talented. In the No Child Left Behind 
Act of 2001, Congress expanded the Javits Act to authorize competitive 
grants to States to expand the capacity of States to meet the needs of 
gifted students. These new grants represent some potential to improve 
the ability of select States to address the needs of gifted and 
talented children, and I am pleased with the progress we have been able 
to make thus far. My legislation would build on the existing Javits Act 
to create a comprehensive approach to expanding the ability of States 
and school districts nationwide to meet the needs of gifted and 
talented students.
  Congress has rightly placed a renewed emphasis on making sure all 
children are successful learners. In our efforts to leave no child 
behind, we must not forget gifted and talented students. I would remind 
my colleagues of the example I cited earlier. Jose is a success story 
because his parents saw his potential and pointed it out to school 
officials, and because he attended a school where quality gifted 
education services are available. There are many more students like 
Jose across the country who have either not been identified as gifted 
or who attend a school where gifted education services are not 
provided. I would urge my colleagues to join me in seeing that these 
exceptional young people across our great Nation have the support and 
services they need to be successful. I ask for your support for the 
Gifted and Talented Students Education Act of 2003.
  I ask unanimous consent that the text of my bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 501

       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

[[Page S3034]]

     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:

[[Page S3035]]

  ``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.
                                 ______