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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2036 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2036

 To amend the Elementary and Secondary Education Act of 1965 to expand 
            grant programs for gifted and talented students.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 22, 2009

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

_______________________________________________________________________

                                 A BILL

 
 To amend the Elementary and Secondary Education Act of 1965 to expand 
            grant programs for gifted and talented students.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Jacob K. Javits Gifted and Talented 
Students Education Enhancement Act''.

SEC. 2. PROGRAMS FOR GIFTED AND TALENTED STUDENTS.

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

                 ``PART E--GIFTED AND TALENTED STUDENTS

``SEC. 2501. SHORT TITLE.

    ``This part may be cited as the `Jacob K. Javits Gifted and 
Talented Students Education Act'.

``SEC. 2502. PURPOSE.

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

``SEC. 2503. RULE OF CONSTRUCTION.

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

``SEC. 2504. COMPETITIVE GRANT PROGRAM FOR GIFTED AND TALENTED 
              STUDENTS.

    ``(a) Establishment of Program.--
            ``(1) In general.--From the sums appropriated under section 
        2510 to carry out this section, the Secretary (after 
        consultation with experts in the field of the education of 
        gifted and talented students) shall make grants to, or enter 
        into contracts with, State educational agencies, local 
        educational agencies, institutions of higher education, other 
        public agencies, and other private agencies and organizations 
        (including Indian tribes and Indian tribal organizations (as 
        such terms are defined in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b)) 
        and Native Hawaiian organizations) to assist such entities in 
        carrying out programs or projects authorized by this part that 
        are designed to meet the educational needs of gifted and 
        talented students, including the training of personnel 
        (including teachers, principals, instructional support 
        personnel, and school leadership personnel) in the 
        identification and education of gifted and talented students.
            ``(2) Application.--Each entity seeking assistance under 
        this section shall submit an application to the Secretary at 
        such time, in such manner, and containing such information as 
        the Secretary may reasonably require. Each such application 
        shall describe how--
                    ``(A) the proposed gifted and talented services, 
                materials, and instructional strategies will be used to 
                identify and serve gifted and talented students;
                    ``(B) if appropriate, the services, materials, and 
                instructional strategies can be adapted for use by all 
                students; and
                    ``(C) the proposed programs can be evaluated.
    ``(b) Use of Funds.--Programs and projects assisted under this 
section may include each of the following:
            ``(1) Conducting--
                    ``(A) scientifically based research on methods, and 
                techniques for identifying and serving gifted and 
                talented students and, if appropriate, for using gifted 
                and talented programs and methods to serve all 
                students; and
                    ``(B) program evaluations, surveys, and the 
                collection, analysis, and development of the 
                information needed to accomplish the purpose of this 
                part.
            ``(2) Carrying out professional development (including 
        fellowships) for personnel (including teachers, principals, 
        instructional support personnel, and school leadership 
        personnel) involved in the education of gifted and talented 
        students.
            ``(3) Establishing and operating model projects and 
        exemplary programs for serving gifted and talented students, 
        including innovative methods for identifying and educating 
        students who may not be served by traditional gifted and 
        talented programs (such as summer programs, mentoring programs, 
        service learning programs, and cooperative programs involving 
        business, industry, and education).
            ``(4) Implementing innovative strategies, such as 
        cooperative learning, peer tutoring, and service learning.
            ``(5) Carrying out programs of technical assistance and 
        information dissemination to promote instructional and 
        professional development strategies used with gifted students 
        and, where appropriate, how they may be adapted for use by all 
        students.
            ``(6) Making materials and services available through State 
        regional educational service centers, institutions of higher 
        education, or other entities.
            ``(7) Providing funds for challenging, high-level course 
        work, disseminated through technologies (including distance 
        learning), for individual students or groups of students in 
        schools and local educational agencies that would not otherwise 
        have the resources to provide such course work.
    ``(c) Center for Research and Development.--
            ``(1) In general.--From the amounts appropriated under 
        section 2510 to carry out this subsection, the Secretary (after 
        consultation with experts in the field of the education of 
        gifted and talented students) shall establish a National 
        Research Center for the Education of Gifted and Talented 
        Children and Youth through grants to, or contracts with, one or 
        more institutions of higher education or State educational 
        agencies, or a combination or consortium of such institutions 
        and agencies and other public or private agencies and 
        organizations, for the purpose of carrying out activities 
        described in subsection (b).
            ``(2) Director.--The National Center shall be headed by a 
        Director. The Secretary may authorize the Director to carry out 
        such functions of the National Center as may be agreed upon 
        through arrangements with institutions of higher education, 
        State educational agencies, local educational agencies, or 
        other public or private agencies and organizations.
    ``(d) Coordination.--Scientifically based research activities 
supported under this part--
            ``(1) shall be carried out in consultation with the 
        Institute for Education Sciences to ensure that such activities 
        are coordinated with and enhance the research and development 
        activities supported by such Office; and
            ``(2) may include collaborative scientifically based 
        research activities which are jointly funded and carried out 
        with such Institute.

``SEC. 2505. FORMULA GRANT PROGRAM FOR GIFTED AND TALENTED STUDENTS.

    ``(a) Establishment of Program.--From the sums allocated under 
subsection (b)(2), the Secretary shall award grants to State 
educational agencies to--
            ``(1) carry out State activities described in section 
        2504(b); and
            ``(2) award subgrants to local educational agencies under 
        subsection (e) for developing or expanding gifted and talented 
        education programs, through activities such as high quality 
        professional development for teachers, principals, 
        instructional support personnel, and school leadership 
        personnel.
    ``(b) Allotments to States.--
            ``(1) Reservation of funds.--From the sums appropriated 
        under section 2510 to carry out this section for each fiscal 
        year, the Secretary shall reserve \1/2\ of 1 percent for the 
        Secretary of the Interior to carry out programs under this 
        section for the professional development of teachers, other 
        staff, and administrators in schools operated or funded by the 
        Bureau of Indian Affairs.
            ``(2) State allotments.--
                    ``(A) In general.--From the sums appropriated under 
                section 2510 to carry out this section and not reserved 
                under paragraph (1), the Secretary shall allot, and 
                make available in accordance with this section, to each 
                State educational agency with an approved application 
                an amount that bears the same ratio to such sums as the 
                number of individuals aged 5 through 17 in the State 
                (as determined by the Secretary on the basis of the 
                most recent satisfactory data) to the total number of 
                such individuals in all States, except that no State 
                educational agency shall receive less than an amount 
                equal to \1/2\ of 1 percent of such amounts.
                    ``(B) Reallotment.--If a State educational agency 
                does not submit an application or the Secretary does 
                not approve a State educational agency's application, 
                the Secretary shall reallot any portion of the State 
                educational agency's allotment under subparagraph (A) 
                to the remaining State educational agencies in 
                accordance with subparagraph (A).
    ``(c) State Application.--
            ``(1) In general.--To be eligible to receive a grant under 
        this section, a State educational agency shall submit an 
        application to the Secretary at such time, in such manner, and 
        containing such information as the Secretary may reasonably 
        require.
            ``(2) Contents.--Each application under paragraph (1) shall 
        include assurances that--
                    ``(A) the funds received under this section will be 
                used to identify, serve, and support gifted and 
                talented students from all economic, ethnic, and racial 
                backgrounds, including students of limited English 
                proficiency and students with disabilities;
                    ``(B) the funds not retained by the State 
                educational agency shall be used for the purpose of 
                awarding subgrants on a competitive basis to local 
                educational agencies in accordance with this section;
                    ``(C) the funds received under this section shall 
                be used only to supplement, but not supplant, the 
                amount of State and local funds expended for the 
                education of, and related services for, gifted and 
                talented students;
                    ``(D) the State educational agency will match the 
                funds received under this section, in cash or in kind, 
                in an amount equal to not less than 10 percent of such 
                funds; and
                    ``(E) the State educational agency shall develop 
                and implement program assessment models to ensure 
                program accountability and to evaluate educational 
                effectiveness.
            ``(3) Approval.--To the extent funds are made available to 
        carry out this section, the Secretary shall approve an 
        application of a State if such application meets the 
        requirements of this section.
    ``(d) Limitations on Use of Funds.--
            ``(1) In general.--A State educational agency receiving a 
        grant under this part may not use more than 10 percent of the 
        grant funds for--
                    ``(A) dissemination of general program information 
                and successful instructional and professional 
                development strategies used;
                    ``(B) providing technical assistance under this 
                part including high-quality professional development to 
                assist teachers, principals and instructional support 
                personnel in improving their knowledge and skills in 
                order to identify and serve gifted and talented 
                students;
                    ``(C) monitoring and evaluation of programs and 
                activities assisted under this part;
                    ``(D) providing support for parental involvement; 
                or
                    ``(E) creating a State gifted education advisory 
                board.
            ``(2) Course work provided through emerging technologies.--
        Grant funds provided under this section that are used for 
        activities described in section 2504(b)(7) may include 
        development of curriculum packages, compensation of distance-
        learning educators, or other relevant activities, but grant 
        funds provided under this section may not be used for the 
        purchase or upgrading of technological hardware.
            ``(3) Administrative costs.--A State educational agency may 
        use not more than 50 percent of the funds made available to the 
        State educational agency under this section for administrative 
        costs.
    ``(e) Subgrants to Local Educational Agencies.--
            ``(1) Subgrants authorized.--A State educational agency 
        shall use not less than 90 percent of the grant funds awarded 
        to such State educational agency under this section to award 
        subgrants to local educational agencies (including consortia of 
        local educational agencies) to enable the local educational 
        agencies to carry out the activities described in section 
        2504(b).
            ``(2) Competitive process.--State educational agencies 
        shall award subgrants under this section to local educational 
        agencies through a competitive process that results in an 
        equitable distribution by geographic area within the State.
            ``(3) Size of subgrant.--A State educational agency shall 
        award a subgrant under this section for any fiscal year in an 
        amount sufficient to meet the needs of the students to be 
        served under the subgrant.
            ``(4) Applications of local educational agencies.--
                    ``(A) Application.--To be eligible to receive a 
                subgrant under this part, a local educational agency 
                (including a consortium of local educational agencies) 
                shall submit an application to the State educational 
                agency at such time, in such manner, and containing 
                such information as the State educational agency may 
                reasonably require.
                    ``(B) Contents.--Each application under this 
                section shall include--
                            ``(i) an assurance that the subgrant funds 
                        received under this section will be used to 
                        identify, serve, and support gifted and 
                        talented students from all economic, ethnic, 
                        and racial backgrounds, including students of 
                        limited English proficiency and students with 
                        disabilities;
                            ``(ii) a description of how the local 
                        educational agency will meet the educational 
                        needs of gifted and talented students, 
                        including the training of personnel (including 
                        teachers and school leadership personnel) in 
                        the identification and education of gifted and 
                        talented students; and
                            ``(iii) an assurance that subgrant funds 
                        received under this section will be used to 
                        supplement, not supplant, the amount of funds 
                        the local educational agency expends for the 
                        education of, and related services for, gifted 
                        and talented students.

``SEC. 2506. ANNUAL REPORTING.

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

``SEC. 2507. 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.

``SEC. 2508. PROGRAM PRIORITIES.

    ``(a) General Priority.--In carrying out this part, the Secretary 
shall give highest priority to programs and projects designed to 
develop new information that--
            ``(1) improves the capability of schools to plan, conduct, 
        and improve programs to identify and serve gifted and talented 
        students; and
            ``(2) assists schools in the identification of, and 
        provision of services to, gifted and talented students 
        (including economically disadvantaged individuals, individuals 
        with limited English proficiency, and individuals with 
        disabilities) who may not be identified and served through 
        traditional assessment methods.
    ``(b) Service Priority.--The Secretary shall ensure that not less 
than 50 percent of the applications approved under this part in a 
fiscal year address the priority described in subsection (a)(2) of this 
section.

``SEC. 2509. GENERAL PROVISIONS.

    ``(a) Review, Dissemination, and Evaluation.--The Secretary shall--
            ``(1) use a peer review process in reviewing applications 
        under this part;
            ``(2) ensure that information on the activities and results 
        of programs and projects funded under this part is disseminated 
        to appropriate State educational agencies, local educational 
        agencies, and other appropriate organizations, including 
        nonprofit private organizations; and
            ``(3) evaluate the effectiveness of programs under this 
        part in accordance with section 9601, in terms of the impact on 
        students traditionally served in separate gifted and talented 
        programs and on other students, and submit the results of such 
        evaluation to Congress not later than 2 years after the date of 
        enactment of this part.
    ``(b) Program Operations.--The Secretary shall ensure that the 
programs under this part are administered within the Department by a 
person who has recognized professional qualifications and experience in 
the field of the education of gifted and talented students and who 
shall--
            ``(1) administer and coordinate the programs authorized 
        under this part;
            ``(2) serve as a focal point of national leadership and 
        information on the educational needs of gifted and talented 
        students and the availability of educational services and 
        programs designed to meet such needs;
            ``(3) assist the Director of the Institute of Education 
        Science in identifying research priorities that reflect the 
        needs of gifted and talented students;
            ``(4) consult on and disseminate the information to other 
        offices within the Department and to the public; and
            ``(5) every 3 years, based on the annual reports received 
        under section 2506, prepare and submit to the Committee on 
        Education and Labor of the House of Representatives and the 
        Committee on Health, Education, Labor, Pensions of the Senate a 
        report on the program outcomes of the programs funded under 
        this part, and the promising practices developed through 
        programs or projects funded under this part.

``SEC. 2510. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated to the 
Secretary $100,000,000 to carry out this part for fiscal year 2010 and 
such sums as may be necessary for each fiscal year thereafter.
    ``(b) Allocation of Funding.--Of the amounts appropriated under 
subsection (a), the Secretary shall allocate--
            ``(1) up to $7,500,000 to carry out section 2504(c);
            ``(2) any amount in excess of $7,500,000, but not more than 
        $92,500,000, to carry out the remainder of section 2504; and
            ``(3) any amount in excess of $100,000,000 to carry out 
        section 2505.

``SEC. 2511. DEFINITIONS.

    ``For purposes of this part:
            ``(1) Gifted and talented.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the term `gifted and talented' when 
                used with respect to a person or program--
                            ``(i) has the meaning given the term under 
                        applicable State law; or
                            ``(ii) in the case of a State that does not 
                        have a State law defining the term, has the 
                        meaning given such term by definition of the 
                        State educational agency or local educational 
                        agency involved.
                    ``(B) Special rule.--In the case of a State that 
                does not have a State law that defines the term, and 
                the State educational agency or local educational 
                agency has not defined the term, the term has the 
                meaning given the term in section 9101.
            ``(2) State.--The term `State' means each of the 50 States, 
        the District of Columbia, and the Commonwealth of Puerto 
        Rico.''.

SEC. 3. CONFORMING AMENDMENT.

    Part D of title V of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7241 et seq.) is amended--
            (1) by striking subpart 6; and
            (2) by redesignating subpart 7 through subpart 21 as 
        subpart 6 through subpart 20, respectively.
                                 <all>
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