[Federal Register Volume 73, Number 77 (Monday, April 21, 2008)]
[Notices]
[Pages 21329-21332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8589]


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DEPARTMENT OF EDUCATION


Jacob K. Javits Gifted and Talented Students Education Program

AGENCY: Office of Elementary and Secondary Education, Department of 
Education.

ACTION: Notice of final priority.

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SUMMARY: The Assistant Secretary for Elementary and Secondary Education 
announces a priority under the Jacob K. Javits Gifted and Talented 
Students Education Program. The Assistant Secretary will use this 
priority for competitions in fiscal year (FY) 2008 and later years.
    We take this action to support the implementation of models with 
demonstrated effectiveness in identifying and serving 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 typical 
strategies for identifying gifted and talented children. We intend the 
priority to increase the availability of proven models for increasing 
the number of students from underrepresented groups participating in 
gifted and talented education programs.

EFFECTIVE DATE: This priority is effective April 21, 2008.

FOR FURTHER INFORMATION CONTACT: Teresa Cahalan, U.S. Department of 
Education, 400 Maryland Avenue, SW., room 5W218, Washington, DC 20202-
8243. Telephone: (202) 401-3947 or via Internet: [email protected].

[[Page 21330]]

    If you use a telecommunications device for the deaf (TDD), you may 
call the Federal Relay Service (FRS), toll free, at 1-800-877-8339.
    Individuals with disabilities can obtain this document in an 
alternative format (e.g., Braille, large print, audiotape, or computer 
diskette) on request to the contact person listed under FOR FURTHER 
INFORMATION CONTACT.

SUPPLEMENTARY INFORMATION: 

General

    The purpose of the Jacob K. Javits Gifted and Talented Students 
Education Program is to carry out a coordinated program of 
scientifically based research, demonstration projects, innovative 
strategies, and 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.
    Pursuant to section 9101(22) of the Elementary and Secondary 
Education Act of 1965, as amended by the No Child Left Behind Act of 
2001 (ESEA), for purposes of the Jacob K. Javits Gifted and Talented 
Students Education Program, gifted and talented students are students 
who give evidence of high achievement capability in areas such as 
intellectual, creative, artistic, or leadership capacity, or in 
specific academic fields, and who need services or activities not 
ordinarily provided by the school in order to fully develop those 
capabilities.
    Under the statutory authority for the Jacob K. Javits Gifted and 
Talented Students Education Program, section 5465(b) of ESEA requires 
that no less than 50 percent of the applications approved in each 
fiscal year address the general priority described in section 
5465(a)(2) of ESEA. This general priority focuses on assisting 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 (see 20 U.S.C. 7253d).
    We published a notice of proposed priority for this program in the 
Federal Register on January 14, 2008 (73 FR 2228). Pages 2229 through 
2230 of this notice included a discussion of the significant issues 
pertaining to the proposed priority.

Analysis of Comments and Changes

    In response to our invitation in the notice of proposed priority, 
44 parties submitted comments on the proposed priority. An analysis of 
the comments and of any changes in the priority since publication of 
the notice of proposed priority follows.
    Generally, we do not address technical and other minor changes--and 
suggested changes the law does not authorize us to make under the 
applicable statutory authority.
    Comment: Several commenters recommended that we clarify whether the 
priority applies to capacity-building grants authorized under section 
5464(c) of ESEA.
    Discussion: This priority implements the second general priority 
established in section 5465(a)(2) of ESEA and applies only to 
competitions for which we invite applications pursuant to that 
authority. This priority does not apply to, and this year we are not 
announcing, a competition under section 5464(c) or 5465(a)(1) of the 
Act.
    Change: None.
    Comment: Numerous commenters expressed concern that references in 
the proposed priority to raising achievement levels suggested that the 
Department intended to circumvent the statutory intent of ESEA by 
diverting Jacob K. Javits Gifted and Talented Students Education 
Program funds from services for gifted and talented students to 
services for students who are not gifted and talented. These commenters 
expressed concern that under this priority program funds would be used 
in a manner that is contrary to the intent of ESEA, to enhance the 
academic achievement of all students instead of just gifted and 
talented students. Some of these commenters requested that the priority 
be modified to demonstrate that the intent of the priority is to 
implement section 5462 of ESEA by enhancing the ability of elementary 
and secondary schools to meet the special education needs of gifted and 
talented students.
    Discussion: The priority is intended to identify and serve gifted 
and talented students. The priority is intended to implement the 
statutory service priority in section 5465(b) of ESEA that requires 
that no less than 50 percent of the applications approved under 
5464(a)(2) of ESEA in a fiscal year be used to assist schools in the 
identification of, and provision of services to, gifted and talented 
students from underrepresented groups who may not be identified and 
served through traditional assessment methods. Funds awarded under this 
priority are intended to serve the needs of gifted and talented 
students from underrepresented groups. We note, however, that under 
section 5463 of ESEA, a grantee can serve gifted and talented students 
simultaneously with students who have similar educational needs but who 
are not gifted and talented, in the same educational settings, as 
appropriate. Thus, students who are not gifted and talented may benefit 
from projects funded under this competition.
    Changes: We have revised the priority to clarify that projects 
supported through this competition must focus on identifying and 
educating gifted and talented students from underrepresented groups, 
by: (1) Revising our definition of the term ``scaling up'' to indicate 
that we mean selecting a model designed to increase the number of 
gifted and talented students from underrepresented groups who, through 
gifted and talented education programs, perform at high levels of 
academic achievement that has demonstrated effectiveness on a small 
scale and expanding the model for use with gifted and talented students 
in broader settings or with broader populations of gifted and talented 
students; (2) indicating in paragraph (2) of the priority that the 
model selected must be shown to have resulted in both the 
identification of, and the provision of services to, increased numbers 
of gifted and talented students from underrepresented groups who 
participate in gifted and talented programs; and (3) adding the words 
``gifted and talented'' to modify the word ``students'' in several 
additional places throughout the priority, where we had not already 
done so.
    Comment: A few commenters expressed concern that the priority 
violated the intent of Congress as expressed in the Jacob K. Javits 
Gifted and Talented Students Education Act of 2001 by targeting 
programs aimed at what one commenter referred to as ``low-performing'' 
students rather than encouraging the development of models and 
strategies appropriate for teaching gifted and talented students. The 
commenters requested that we reissue the priority to align it with the 
statutory purpose and the intent of Congress to target programs that 
serve primarily students identified as gifted and talented, or that we 
clarify that the priority is not intended to lower the bar for gifted 
and talented students.
    Discussion: As discussed in response to the previous comment, this 
priority is intended to identify and serve gifted and talented 
students. The focus of this priority is on the identification of, and 
provision of services to, gifted and talented students (including 
economically disadvantaged individuals, individuals with limited 
English proficiency, and individuals

[[Page 21331]]

with disabilities) who may not be identified and served through 
traditional assessment methods. The priority is designed to ensure that 
all gifted and talented students are identified and served.
    Change: We have revised the priority to clarify that projects 
supported through this competition must focus on the identification of, 
and provision of service to, gifted and talented students from 
underrepresented groups.
    Comment: One commenter expressed concern that under the priority, 
Jacob K. Javits Gifted and Talented Students Education Program funds 
would be used to provide what the commenter referred to as outreach to 
disadvantaged students. The commenter expressed the view that other 
Federal financial assistance was already available to address the needs 
of low achieving, underachieving, and disadvantaged students and that 
projects funded under the Jacob K. Javits Gifted and Talented Students 
Education Program authority should serve only gifted and talented 
students.
    Discussion: Funds under this priority must be used to identify and 
serve gifted and talented students from underrepresented groups, which 
could include students who are economically disadvantaged. To the 
extent that the commenter would consider this activity outreach, it is 
authorized under the general priority established in section 5465(a)(2) 
of ESEA, which we are implementing through this priority.
    Change: None.
    Comment: Several commenters recommended that we clarify the meaning 
of the terms ``broader settings'' and ``different populations'' as they 
pertain to the requirement in the priority that applicants propose to 
scale up a model that has demonstrated effectiveness on a small scale.
    Discussion: We agree with the commenters that it would be 
beneficial to clarify the terms ``broader settings'' and ``different 
populations'' in the priority.
    Change: We have revised the priority by adding examples of 
``broader settings'' and ``different populations'' for clarification. 
To clarify that the term ``broader settings'' refers to the places 
where models can be implemented, we have listed the following examples 
of ``broader settings'': Multiple schools or multiple grade levels. To 
clarify that the term ``different populations'' refers to groupings of 
students based on common characteristics, we have provided specific 
examples of ``different populations'' in the priority. These examples 
show that projects might test whether findings can be replicated across 
groups of students with different socioeconomic, racial, ethnic, and 
linguistic backgrounds.
    Comment: Several commenters asked whether eligibility for a grant 
under this priority is restricted to applicants that demonstrate that 
they intend to both identify and serve gifted and talented students.
    Discussion: Section 5465(a)(2) requires that projects under this 
priority assist schools in both the identification of, and provision of 
services to, gifted and talented students. Thus, eligibility for a 
grant under this priority is restricted to applicants that demonstrate 
that they intend both to identify and serve gifted and talented 
students.
    Change: We have revised the priority to make it clear that projects 
are required both to identify gifted and talented students and to 
provide these students with gifted and talented education services. 
Specifically, in paragraphs (2) and (5) of the priority, we have added 
references both to the identification of, and to the provision of 
services to, gifted and talented students.
    Comment: Several commenters requested clarification of the language 
in paragraph (5) of the priority, in which we refer to students 
prepared to participate in gifted and talented education programs. The 
commenters requested that the Department clarify whether, in addressing 
this element of the priority, an applicant must demonstrate the 
presence of an established gifted and talented program.
    Discussion: We have revised paragraph (5) of the priority in 
response to a previous comment. Specifically, we deleted the language 
the commenters referenced regarding students prepared to participate in 
gifted and talented education programs and revised the priority to 
clarify that applicants must demonstrate how they will provide gifted 
and talented education services to the students identified through the 
project. To the extent that applicants are required to use models with 
demonstrated effectiveness in the identification of, and provision of 
services to, gifted and talented students from underrepresented groups, 
these models must include established gifted and talented education 
programs.
    Changes: As stated previously in this notice, we have revised the 
priority to make it clear that projects are required both to identify 
gifted and talented students and to provide these students with gifted 
and talented education services. Specifically, in paragraphs (2) and 
(5) of the priority, we have added references both to the 
identification of, and to the provision of services to, gifted and 
talented students.
    Comment: One commenter recommended that we place greater emphasis 
on the applicant's expertise in gifted education, either by requiring 
that applicants demonstrate that they have significant expertise in 
this area, or by adding a competitive preference for applicants that 
include a team leader with gifted education expertise.
    Discussion: Paragraph (3) of the priority already requires 
applicants to demonstrate that their leadership team has significant 
expertise in gifted and talented education. However, we agree with the 
commenter that highlighting the need for expertise in gifted and 
talented education may be helpful.
    Change: We have revised the order of the areas of required 
expertise listed in paragraph (3) of the priority to place greater 
emphasis on the need for expertise in gifted and talented education.
    Comment: One commenter recommended that, in order to expand the 
advocacy infrastructure for this program, we fund demonstration 
projects in States that do not house the National Research and 
Development Center.
    Discussion: Although we recognize the importance of supporting 
demonstration projects that address the diverse needs of the different 
student populations and geographic areas served by gifted and talented 
education programs, the Department relies upon the advice of experts in 
our peer review panels to select the proposals that are of highest 
quality from among those we receive, regardless of the State in which 
the applicant resides.
    Change: None.
    Comment: None.
    Discussion: Upon further review of this priority, we noticed that 
we refer to models and interventions and in most instances we mean the 
same thing. For the sake of clarity, we have revised the priority to 
refer to ``models'' throughout. By ``models,'' we mean instructional 
approaches, practices, or curricula.
    Changes: We have replaced references to the term ``intervention'' 
with the term ``model.''

    Note: This notice does not solicit applications. In any year in 
which we choose to use this priority, we invite applications through 
a notice in the Federal Register. When inviting applications we 
designate the priority as absolute, competitive preference, or 
invitational. The effect of each type of priority follows:

    Absolute priority: Under an absolute priority we consider only 
applications that meet the priority (34 CFR 75.105(c)(3)).
    Competitive preference priority: Under a competitive preference 
priority

[[Page 21332]]

we give competitive preference to an application by either (1) awarding 
additional points, depending on how well or the extent to which the 
application meets the competitive priority (34 CFR 75.105(c)(2)(i)); or 
(2) selecting an application that meets the competitive priority over 
an application of comparable merit that does not meet the priority (34 
CFR 75.105(c)(2)(ii)).
    Invitational priority: Under an invitational priority we are 
particularly interested in applications that meet the invitational 
priority. However, we do not give an application that meets the 
invitational priority a competitive or absolute preference over other 
applications (34 CFR 75.105(c)(1)).

Priority

Javits Demonstration Programs

    Under this priority, grantees must ``scale up'' and evaluate models 
designed to increase the number of gifted and talented students from 
underrepresented groups who, through gifted and talented education 
programs, perform at high levels of academic achievement.
    For this priority, ``scaling up'' means selecting a model designed 
to increase the number of gifted and talented students from 
underrepresented groups who, through gifted and talented education 
programs, perform at high levels of academic achievement that has 
demonstrated effectiveness on a small scale and expanding the model for 
use with gifted and talented students in broader settings (such as in 
multiple schools, grade levels, or districts, or in other educational 
settings) or with different populations of gifted and talented students 
(i.e., different populations of these students based on differences 
such as the socioeconomic, racial, ethnic, geographic, and linguistic 
backgrounds of the students and their families). With regard to this 
priority, the term ``underrepresented groups'' includes economically 
disadvantaged individuals, individuals with limited English 
proficiency, and individuals with disabilities.
    To meet this priority, applicants must include all of the following 
in their applications:
    (1) Evidence from one or more scientifically based research and 
evaluation studies indicating that the proposed model has raised the 
achievement of gifted and talented students from one or more 
underrepresented groups in one or more core subject areas.
    (2) Evidence from one or more scientifically based research and 
evaluation studies that the proposed model has resulted in the 
identification of and provision of services to increased numbers of 
gifted and talented students from underrepresented groups who 
participate in gifted and talented education programs.
    (3) Evidence that the applicant has significant expertise on its 
leadership team in each of the following areas: Gifted and talented 
education, research and program evaluation, content knowledge in one or 
more core academic subject areas, and working with underrepresented 
groups.
    (4) A sound plan for implementing the model in multiple settings or 
with multiple populations.
    (5) A research and evaluation plan that employs an experimental or 
quasi-experimental design to measure the impact of the model on the 
achievement of students in underrepresented groups, including students 
who are economically disadvantaged or limited English proficient, or 
who have disabilities, and on the number of these students who are 
identified as gifted and talented and served through gifted and 
talented programs.

    Note: Evaluation methods using an experimental design are best 
for determining program effectiveness. Thus, when feasible, the 
project must use an experimental design under which participants 
(e.g., students, teachers, classrooms, or schools) are randomly 
assigned to participate in the project activities being evaluated or 
to a control group that does not participate in the project 
activities being evaluated.

    If random assignment is not feasible, the project may use a quasi-
experimental design with carefully matched comparison conditions. This 
alternative design attempts to approximate a randomly assigned control 
group by matching participants with non-participants that have similar 
characteristics before the model is implemented.

Executive Order 12866

    This notice of final priority has been reviewed in accordance with 
Executive Order 12866. Under the terms of the order, we have assessed 
the potential costs and benefits of this regulatory action.
    The potential costs associated with the notice of final priority 
are those resulting from statutory requirements and those we have 
determined as necessary for administering this program effectively and 
efficiently.
    In assessing the potential costs and benefits--both quantitative 
and qualitative--of this notice of final priority, we have determined 
that the benefits of the final priority justify the costs.
    We have also determined that this regulatory action does not unduly 
interfere with State, local, and tribal governments in the exercise of 
their governmental functions.
    We summarized the costs and benefits in the notice of proposed 
priority.

Intergovernmental Review

    This program is subject to Executive Order 12372 and the 
regulations in 34 CFR part 79. One of the objectives of the Executive 
order is to foster an intergovernmental partnership and a strengthened 
federalism. The Executive order relies on processes developed by State 
and local governments for coordination and review of proposed Federal 
financial assistance.
    This document provides early notification of our specific plans and 
actions for this program.

Electronic Access to This Document

    You may view this document, as well as all other Department of 
Education documents published in the Federal Register, in text or Adobe 
Portable Document Format (PDF) on the Internet at the following site: 
http://www.ed.gov/news/fedregister.
    To use PDF you must have Adobe Acrobat Reader, which is available 
free at this site. If you have questions about using PDF, call the U.S. 
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in 
the Washington, DC, area at (202) 512-1530.

    Note: The official version of this document is the document 
published in the Federal Register. Free Internet access to the 
official edition of the Federal Register and the Code of Federal 
Regulations is available on GPO Access at: http://www.gpoaccess.gov/nara/index.html.

(Catalog of Federal Domestic Assistance Number 84.206A Jacob K. 
Javits Gifted and Talented Students Education Program)

    Program Authority: 20 U.S.C. 7253.

    Dated: April 16, 2008.
Kerri L. Briggs,
Assistant Secretary for Elementary and Secondary Education.
 [FR Doc. E8-8589 Filed 4-18-08; 8:45 am]
BILLING CODE 4000-01-P