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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2338 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2338

  To amend the Elementary and Secondary Education Act of 1965 to aid 
    gifted and talented and high-ability learners by empowering the 
               Nation's teachers, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 12, 2013

 Mr. Polis (for himself and Mr. Latham) introduced the following bill; 
which was referred to the Committee on Education and the Workforce, and 
 in addition to the Committee on Science, Space, and Technology, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL

 
  To amend the Elementary and Secondary Education Act of 1965 to aid 
    gifted and talented and high-ability learners by empowering the 
               Nation's teachers, and for other purposes.

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

SECTION 1. 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.
Sec. 104. National Assessment of title I.
     TITLE II--IMPROVING TEACHING FOR GIFTED AND TALENTED STUDENTS

Sec. 201. State applications.
Sec. 202. Local applications and needs assessments.
Sec. 203. Local use of funds.
Sec. 204. Subgrants to eligible partnerships.
        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--SUPPORTING ESSENTIAL RESEARCH ON THE LEARNING NEEDS OF GIFTED 
                         AND TALENTED STUDENTS

Sec. 401. Supporting essential research on the learning needs of gifted 
                            and talented students.
                      TITLE V--GENERAL PROVISIONS

Sec. 501. Definitions.
Sec. 502. Amendments to other laws.
Sec. 503. 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 excellence 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, and between low-income students compared to their 
        more advantaged peers, on statewide assessments and on the 
        National Assessment of Educational Progress.
            (3) Advanced students in the United States lag behind the 
        performance of similar students in other countries, which puts 
        the Nation at a competitive disadvantage.
            (4) Gifted and talented students, 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.
            (5) Effective assessment and instruction of gifted and 
        talented students requires educators to have specialized 
        knowledge and skills.
            (6) Ninety percent of teachers nationwide want more 
        professional development focused on the skills necessary for 
        teaching advanced students.
            (7) 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.
            (8) 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.
            (9) 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.
            (10) 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 paragraph (3).''.
    (b) State Assessments.--Section 1111(b)(3)(C) (20 U.S.C. 
6311(b)(3)(C)) is amended--
            (1) in clause (xiv), by striking ``and'' after the 
        semicolon;
            (2) in clause (xv), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
                            ``(xvi) measure individual academic 
                        achievement, including measuring above grade 
                        level achievement.''.
    (c) Accountability System.--Section 1111(b)(8) (20 U.S.C. 
6311(b)(8)) is amended--
            (1) in subparagraph (D), by striking ``and'' after the 
        semicolon;
            (2) by redesignating subparagraph (E) as subparagraph (F); 
        and
            (3) 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); and
                            ``(ii) are gifted and talented (including 
                        high-ability students who have not been 
                        formally identified for gifted education 
                        services); and''.

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) a comparison of the performance of 
                        students between different local educational 
                        agencies across the State at each level of 
                        achievement described in subsection 
                        (b)(1)(D)(ii), disaggregated by the subgroups 
                        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 implement educational approaches at the elementary 
                and secondary levels to support the learning needs of 
                gifted and talented students to ensure that such 
                students make appropriate learning gains, such as early 
                entrance to kindergarten, enrichment, acceleration, 
                curriculum compacting, and dual enrollment in secondary 
                school and postsecondary education.''.
    (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 the learning needs of such students 
                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) 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 gifted and talented and 
                high-ability students make appropriate learning 
                gains.''.

SEC. 104. NATIONAL ASSESSMENT OF TITLE I.

    Section 1501(a)(2)(E) (20 U.S.C. 6491(a)(2)(E)) is amended--
            (1) in clause (iv), by striking ``and'';
            (2) in clause (v), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
                            ``(vi) made public an analysis of 
                        excellence gaps and a description of activities 
                        to close any such gaps.''.

     TITLE II--IMPROVING TEACHING FOR GIFTED AND TALENTED STUDENTS

SEC. 201. STATE APPLICATIONS.

    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 APPLICATIONS AND NEEDS ASSESSMENTS.

    (a) Local Applications.--Section 2122(b) (20 U.S.C. 6622(b)) is 
amended by adding at the end the following:
            ``(12) A description of how the activities will have a 
        substantial, measurable, and positive impact on student 
        academic achievement and how the activities will be used as 
        part of a broader strategy to eliminate the achievement gap and 
        the excellence gap.''.
    (b) Needs Assessment.--Section 2122(c)(2) (20 U.S.C. 6622(c)(2)) is 
amended by inserting ``shall be based on an analysis of the achievement 
and learning needs of students at each level of achievement described 
in section 1111(b)(1)(D)(ii) on the State academic assessments, 
disaggregated by each subgroup described in section 
1111(b)(2)(C)(v)(II), and'' before ``shall be conducted''.

SEC. 203. LOCAL USE OF FUNDS.

    Section 2123(a) (20 U.S.C. 6623(a)) is amended--
            (1) in the matter preceding paragraph (1), by striking ``to 
        carry out'' and inserting ``to increase student achievement for 
        all students, including limited English proficient students, 
        students with disabilities, and gifted and talented students, 
        by carrying out''; and
            (2) in paragraph (3)(B)--
                    (A) in clause (iv), by striking ``and'';
                    (B) in clause (v), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
                            ``(vi) provide training to support the 
                        identification of students who are gifted and 
                        talented, and to implement instructional 
                        practices that support the education of such 
                        students, such as early entrance to 
                        kindergarten, enrichment, acceleration, 
                        curriculum compacting and dual enrollment in 
                        secondary school and postsecondary 
                        education.''.

SEC. 204. SUBGRANTS TO ELIGIBLE PARTNERSHIPS.

    Section 2134(a)(1) (20 U.S.C. 6634(a)(1)) is amended--
            (1) in subparagraph (A), by striking ``and'' after the 
        semicolon; and
            (2) by adding at the end the following:
                    ``(C) teachers, principals, and pupil service 
                personnel have the training to support the 
                identification of students who are gifted and talented, 
                including high-ability students who have not been 
                formally identified for gifted education services, and 
                implementation of instructional practices that support 
                the education of such students, such as early entrance 
                to kindergarten, enrichment, acceleration, curriculum 
                compacting and dual enrollment in secondary school and 
                postsecondary education; and''.

        TITLE III--GIFTED AND TALENTED STUDENTS IN RURAL SCHOOLS

SEC. 301. SMALL RURAL SCHOOL ACHIEVEMENT PROGRAM.

    Section 6211(a) (20 U.S.C. 7345(a)) 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 train'' 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 train''.

TITLE IV--SUPPORTING ESSENTIAL RESEARCH ON THE LEARNING NEEDS OF GIFTED 
                         AND TALENTED STUDENTS

SEC. 401. SUPPORTING ESSENTIAL RESEARCH ON THE LEARNING NEEDS OF GIFTED 
              AND TALENTED STUDENTS.

    The Secretary, acting through the Director of the Institute of 
Education Sciences, shall--
            (1) continue research and development activities related to 
        the education of gifted and talented students, particularly 
        research and development activities related to such students 
        who reside in rural communities or have been underrepresented 
        as gifted and talented, including students who are low-income, 
        limited English proficient, students with disabilities, and 
        students from minority backgrounds;
            (2) support a National Research and Dissemination Center on 
        the Gifted and Talented that conducts research and serves as a 
        national clearinghouse for evidence-based best practices to 
        improve the identification and instruction of gifted and 
        talented students;
            (3) administer demonstration grants that build and enhance 
        the ability of elementary school and secondary school personnel 
        to support gifted and talented students; and
            (4) ensure that statistical data related to the education 
        of gifted and talented children in kindergarten through grade 
        12 in the United States and in other nations is collected, 
        reported, analyzed, and disseminated.

                      TITLE V--GENERAL PROVISIONS

SEC. 501. DEFINITIONS.

    Section 9101 (20 U.S.C. 7801) is amended--
            (1) by redesignating paragraphs (19) through (42) and 
        paragraph (43) as paragraphs (20) through (43) and paragraph 
        (45), respectively;
            (2) by inserting after paragraph (18) the following:
            ``(19) Excellence gap.--The term `excellence gap' means 
        differences in the percentage of students performing at the 
        highest level of achievement described in section 
        1111(b)(1)(D)(ii) between different subgroups described in 
        section 1111(b)(2)(C)(v)(II).''; and
            (3) by inserting after paragraph (43), as redesignated by 
        paragraph (1), the following:
            ``(44) Teaching skills.--The term `teaching skills' has the 
        meaning given the term in section 200 of the Higher Education 
        Act of 1965.''.

SEC. 502. AMENDMENTS TO OTHER LAWS.

    (a) Coordination of Federal STEM Education.--Section 101(b) of the 
America COMPETES Reauthorization Act of 2010 (42 U.S.C. 6621(b)) is 
amended--
            (1) in the first subsection (b)--
                    (A) in paragraph (5)(D), by striking ``and'' after 
                the semicolon;
                    (B) in paragraph (6), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by inserting after paragraph (6), the 
                following:
            ``(7) encourage participating agencies to develop and 
        implement activities and programs that support advanced 
        students in kindergarten through grade 12, including advanced 
        students who are from low-income families and advanced students 
        from other groups that are underrepresented in the STEM fields, 
        in order to promote advanced students' pursuit of careers in 
        STEM fields.''; and
            (2) by redesignating the second subsection (b) and 
        subsection (c) as subsection (c) and subsection (d), 
        respectively.
    (b) Laboratory Cooperative Science Centers & Other Authorized 
Education Activities.--Section 3164 of the National Defense 
Authorization Act for Fiscal Year 1991 (42 U.S.C. 7381b(a)) is 
amended--
            (1) in paragraph (5) by inserting ``The Secretary shall 
        determine which students are eligible to participate in such 
        mathematics and science education programs based on the 
        academic achievement of such students.'' after ``development 
        facilities.''; and
            (2) in paragraph (13) by inserting ``The Secretary shall 
        determine which middle-school students are eligible to 
        participate in such prefreshman enrichment program based on the 
        academic achievement of such students.'' after ``by 
        universities on their campuses.''.
    (c) Advanced Placement and International Baccalaureate Programs.--
Section 6123 of the America COMPETES Act (20 U.S.C. 9833) is amended--
            (1) in subsection (d)--
                    (A) in paragraph (1) by striking ``and'' after the 
                semicolon;
                    (B) in paragraph (2) by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(3) the availability of Advanced Placement or 
        International Baccalaureate mathematics, science, and critical 
        foreign language courses earlier than is typical to students 
        who are prepared for such work.''; and
            (2) in subsection (f)(2)--
                    (A) in subparagraph (E) by striking ``and'' after 
                the semicolon;
                    (B) in subparagraph (F) by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(G) how the eligible entity will make Advanced 
                Placement or International Baccalaureate mathematics, 
                science, and critical foreign language courses 
                available earlier than is typical to students who are 
                prepared for such work.''.

SEC. 503. 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>
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