I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Jacob K. Javits Gifted 

5 and Talented Students Education Enhancement Act’’. 

6 SEC. 2. PROGRAMS FOR GIFTED AND TALENTED STU7 DENTS. 

8 Title II of the Elementary and Secondary Education 

9 Act of 1965 (20 U.S.C. 6601 et seq.) is amended by add10 ing at the end the following: 


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1 ‘‘PART E—GIFTED AND TALENTED STUDENTS 

2 ‘‘SEC. 2501. SHORT TITLE. 

3 ‘‘This part may be cited as the ‘Jacob K. Javits Gift4 ed and Talented Students Education Act’. 

5 ‘‘SEC. 2502. PURPOSE. 

6 ‘‘The purpose of this part is to initiate a coordinated 

7 program of— 

8 ‘‘(1) scientifically based research demonstration 

9 projects; 

10 ‘‘(2) innovative instructional strategies; 

11 ‘‘(3) high-quality professional development for 

12 teachers, principals, instructional support personnel, 

13 and school leadership personnel; and 

14 ‘‘(4) other similar activities designed to build 

15 and enhance the ability of elementary schools and 

16 secondary schools nationwide to meet the special 

17 educational needs of gifted and talented students. 

18 ‘‘SEC. 2503. RULE OF CONSTRUCTION. 

19 ‘‘Nothing in this part shall be construed to prohibit 

20 a recipient of funds under this part from serving gifted 

21 and talented students simultaneously with students with 

22 similar educational needs, in the same educational set23 tings, where appropriate. 

24 ‘‘SEC. 2504. COMPETITIVE GRANT PROGRAM FOR GIFTED 

25 AND TALENTED STUDENTS. 

26 ‘‘(a) ESTABLISHMENT OF PROGRAM.— 


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1 ‘‘(1) IN GENERAL.—From the sums appro2 priated under section 2510 to carry out this section, 

3 the Secretary (after consultation with experts in the 

4 field of the education of gifted and talented stu5 dents) shall make grants to, or enter into contracts 

6 with, State educational agencies, local educational 

7 agencies, institutions of higher education, other pub8 lic agencies, and other private agencies and organi9 zations (including Indian tribes and Indian tribal or10 ganizations (as such terms are defined in section 4 

11 of the Indian Self-Determination and Education As12 sistance Act (25 U.S.C. 450b)) and Native Hawaiian 

13 organizations) to assist such entities in carrying out 

14 programs or projects authorized by this part that 

15 are designed to meet the educational needs of gifted 

16 and talented students, including the training of per17 sonnel (including teachers, principals, instructional 

18 support personnel, and school leadership personnel) 

19 in the identification and education of gifted and tal20 ented students. 

21 ‘‘(2) APPLICATION.—Each entity seeking assist22 ance under this section shall submit an application 

23 to the Secretary at such time, in such manner, and 

24 containing such information as the Secretary may 


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1 reasonably require. Each such application shall de2 scribe how— 

3 ‘‘(A) the proposed gifted and talented serv4 ices, materials, and instructional strategies will 

5 be used to identify and serve gifted and tal6 ented students; 

7 ‘‘(B) if appropriate, the services, materials, 

8 and instructional strategies can be adapted for 

9 use by all students; and 

10 ‘‘(C) the proposed programs can be evalu11 ated. 

12 ‘‘(b) USE OF FUNDS.—Programs and projects as13 sisted under this section may include each of the following: 

14 ‘‘(1) Conducting— 

15 ‘‘(A) scientifically based research on meth16 ods, and techniques for identifying and serving 

17 gifted and talented students and, if appropriate, 

18 for using gifted and talented programs and 

19 methods to serve all students; and 

20 ‘‘(B) program evaluations, surveys, and the 

21 collection, analysis, and development of the in22 formation needed to accomplish the purpose of 

23 this part. 

24 ‘‘(2) Carrying out professional development (in25 cluding fellowships) for personnel (including teachVerDate Nov 24 2008 21:51 Apr 23, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2036.IH H2036

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1 ers, principals, instructional support personnel, and 

2 school leadership personnel) involved in the edu3 cation of gifted and talented students. 

4 ‘‘(3) Establishing and operating model projects 

5 and exemplary programs for serving gifted and tal6 ented students, including innovative methods for 

7 identifying and educating students who may not be 

8 served by traditional gifted and talented programs 

9 (such as summer programs, mentoring programs, 

10 service learning programs, and cooperative programs 

11 involving business, industry, and education). 

12 ‘‘(4) Implementing innovative strategies, such 

13 as cooperative learning, peer tutoring, and service 

14 learning. 

15 ‘‘(5) Carrying out programs of technical assist16 ance and information dissemination to promote in17 structional and professional development strategies 

18 used with gifted students and, where appropriate, 

19 how they may be adapted for use by all students. 

20 ‘‘(6) Making materials and services available 

21 through State regional educational service centers, 

22 institutions of higher education, or other entities. 

23 ‘‘(7) Providing funds for challenging, high-level 

24 course work, disseminated through technologies (in25 cluding distance learning), for individual students or 


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1 groups of students in schools and local educational 

2 agencies that would not otherwise have the resources 

3 to provide such course work. 

4 ‘‘(c) CENTER FOR RESEARCH AND DEVELOPMENT.— 

5 ‘‘(1) IN GENERAL.—From the amounts appro6 priated under section 2510 to carry out this sub7 section, the Secretary (after consultation with ex8 perts in the field of the education of gifted and tal9 ented students) shall establish a National Research 

10 Center for the Education of Gifted and Talented 

11 Children and Youth through grants to, or contracts 

12 with, one or more institutions of higher education or 

13 State educational agencies, or a combination or con14 sortium of such institutions and agencies and other 

15 public or private agencies and organizations, for the 

16 purpose of carrying out activities described in sub17 section (b). 

18 ‘‘(2) DIRECTOR.—The National Center shall be 

19 headed by a Director. The Secretary may authorize 

20 the Director to carry out such functions of the Na21 tional Center as may be agreed upon through ar22 rangements with institutions of higher education, 

23 State educational agencies, local educational agen24 cies, or other public or private agencies and organi25 zations. 


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1 ‘‘(d) COORDINATION.—Scientifically based research 

2 activities supported under this part— 

3 ‘‘(1) shall be carried out in consultation with 

4 the Institute for Education Sciences to ensure that 

5 such activities are coordinated with and enhance the 

6 research and development activities supported by 

7 such Office; and 

8 ‘‘(2) may include collaborative scientifically 

9 based research activities which are jointly funded 

10 and carried out with such Institute. 

11 ‘‘SEC. 2505. FORMULA GRANT PROGRAM FOR GIFTED AND 

12 TALENTED STUDENTS. 

13 ‘‘(a) ESTABLISHMENT OF PROGRAM.—From the 

14 sums allocated under subsection (b)(2), the Secretary shall 

15 award grants to State educational agencies to— 

16 ‘‘(1) carry out State activities described in sec17 tion 2504(b); and 

18 ‘‘(2) award subgrants to local educational agen19 cies under subsection (e) for developing or expanding 

20 gifted and talented education programs, through ac21 tivities such as high quality professional development 

22 for teachers, principals, instructional support per23 sonnel, and school leadership personnel. 

24 ‘‘(b) ALLOTMENTS TO STATES.— 


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1 ‘‘(1) RESERVATION OF FUNDS.—From the 

2 sums appropriated under section 2510 to carry out 

3 this section for each fiscal year, the Secretary shall 

reserve 1 4 ⁄2 of 1 percent for the Secretary of the Inte5 rior to carry out programs under this section for the 

6 professional development of teachers, other staff, 

7 and administrators in schools operated or funded by 

8 the Bureau of Indian Affairs. 

9 ‘‘(2) STATE ALLOTMENTS.— 

10 ‘‘(A) IN GENERAL.—From the sums appro11 priated under section 2510 to carry out this 

12 section and not reserved under paragraph (1), 

13 the Secretary shall allot, and make available in 

14 accordance with this section, to each State edu15 cational agency with an approved application an 

16 amount that bears the same ratio to such sums 

17 as the number of individuals aged 5 through 17 

18 in the State (as determined by the Secretary on 

19 the basis of the most recent satisfactory data) 

20 to the total number of such individuals in all 

21 States, except that no State educational agency 

shall receive less than an amount equal to 1 22 ⁄2 of 

23 1 percent of such amounts. 

24 ‘‘(B) REALLOTMENT.—If a State edu25 cational agency does not submit an application 


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1 or the Secretary does not approve a State edu2 cational agency’s application, the Secretary 

3 shall reallot any portion of the State edu4 cational agency’s allotment under subparagraph 

5 (A) to the remaining State educational agencies 

6 in accordance with subparagraph (A). 

7 ‘‘(c) STATE APPLICATION.— 

8 ‘‘(1) IN GENERAL.—To be eligible to receive a 

9 grant under this section, a State educational agency 

10 shall submit an application to the Secretary at such 

11 time, in such manner, and containing such informa12 tion as the Secretary may reasonably require. 

13 ‘‘(2) CONTENTS.—Each application under para14 graph (1) shall include assurances that— 

15 ‘‘(A) the funds received under this section 

16 will be used to identify, serve, and support gift17 ed and talented students from all economic, eth18 nic, and racial backgrounds, including students 

19 of limited English proficiency and students with 

20 disabilities; 

21 ‘‘(B) the funds not retained by the State 

22 educational agency shall be used for the pur23 pose of awarding subgrants on a competitive 

24 basis to local educational agencies in accordance 

25 with this section; 


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1 ‘‘(C) the funds received under this section 

2 shall be used only to supplement, but not sup3 plant, the amount of State and local funds ex4 pended for the education of, and related serv5 ices for, gifted and talented students; 

6 ‘‘(D) the State educational agency will 

7 match the funds received under this section, in 

8 cash or in kind, in an amount equal to not less 

9 than 10 percent of such funds; and 

10 ‘‘(E) the State educational agency shall de11 velop and implement program assessment mod12 els to ensure program accountability and to 

13 evaluate educational effectiveness. 

14 ‘‘(3) APPROVAL.—To the extent funds are 

15 made available to carry out this section, the Sec16 retary shall approve an application of a State if such 

17 application meets the requirements of this section. 

18 ‘‘(d) LIMITATIONS ON USE OF FUNDS.— 

19 ‘‘(1) IN GENERAL.—A State educational agency 

20 receiving a grant under this part may not use more 

21 than 10 percent of the grant funds for— 

22 ‘‘(A) dissemination of general program in23 formation and successful instructional and pro24 fessional development strategies used; 


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1 ‘‘(B) providing technical assistance under 

2 this part including high-quality professional de3 velopment to assist teachers, principals and in4 structional support personnel in improving their 

5 knowledge and skills in order to identify and 

6 serve gifted and talented students; 

7 ‘‘(C) monitoring and evaluation of pro8 grams and activities assisted under this part; 

9 ‘‘(D) providing support for parental in10 volvement; or 

11 ‘‘(E) creating a State gifted education ad12 visory board. 

13 ‘‘(2) COURSE WORK PROVIDED THROUGH

14 EMERGING TECHNOLOGIES.—Grant funds provided 

15 under this section that are used for activities de16 scribed in section 2504(b)(7) may include develop17 ment of curriculum packages, compensation of dis18 tance-learning educators, or other relevant activities, 

19 but grant funds provided under this section may not 

20 be used for the purchase or upgrading of techno21 logical hardware. 

22 ‘‘(3) ADMINISTRATIVE COSTS.—A State edu23 cational agency may use not more than 50 percent 

24 of the funds made available to the State educational 

25 agency under this section for administrative costs. 


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1 ‘‘(e) SUBGRANTS TO LOCAL EDUCATIONAL AGEN2 CIES.— 

3 ‘‘(1) SUBGRANTS AUTHORIZED.—A State edu4 cational agency shall use not less than 90 percent of 

5 the grant funds awarded to such State educational 

6 agency under this section to award subgrants to 

7 local educational agencies (including consortia of 

8 local educational agencies) to enable the local edu9 cational agencies to carry out the activities described 

10 in section 2504(b). 

11 ‘‘(2) COMPETITIVE PROCESS.—State edu12 cational agencies shall award subgrants under this 

13 section to local educational agencies through a com14 petitive process that results in an equitable distribu15 tion by geographic area within the State. 

16 ‘‘(3) SIZE OF SUBGRANT.—A State educational 

17 agency shall award a subgrant under this section for 

18 any fiscal year in an amount sufficient to meet the 

19 needs of the students to be served under the 

20 subgrant. 

21 ‘‘(4) APPLICATIONS OF LOCAL EDUCATIONAL

22 AGENCIES.— 

23 ‘‘(A) APPLICATION.—To be eligible to re24 ceive a subgrant under this part, a local edu25 cational agency (including a consortium of local 


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1 educational agencies) shall submit an applica2 tion to the State educational agency at such 

3 time, in such manner, and containing such in4 formation as the State educational agency may 

5 reasonably require. 

6 ‘‘(B) CONTENTS.—Each application under 

7 this section shall include— 

8 ‘‘(i) an assurance that the subgrant 

9 funds received under this section will be 

10 used to identify, serve, and support gifted 

11 and talented students from all economic, 

12 ethnic, and racial backgrounds, including 

13 students of limited English proficiency and 

14 students with disabilities; 

15 ‘‘(ii) a description of how the local 

16 educational agency will meet the edu17 cational needs of gifted and talented stu18 dents, including the training of personnel 

19 (including teachers and school leadership 

20 personnel) in the identification and edu21 cation of gifted and talented students; and 

22 ‘‘(iii) an assurance that subgrant 

23 funds received under this section will be 

24 used to supplement, not supplant, the 

25 amount of funds the local educational 


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1 agency expends for the education of, and 

2 related services for, gifted and talented 

3 students. 

4 ‘‘SEC. 2506. ANNUAL REPORTING. 

5 ‘‘Beginning 1 year after the date of enactment of the 

6 Jacob K. Javits Gifted and Talented Students Education 

7 Act and for each year thereafter, each entity receiving a 

8 grant or subgrant under this part shall submit an annual 

9 report to the Secretary that describes the number of stu10 dents served and the activities supported with funds pro11 vided under this part. The report shall include a descrip12 tion of the measures taken to comply with the required 

13 uses of funds described in section 2504(b). 

14 ‘‘SEC. 2507. CONSTRUCTION. 

15 ‘‘Nothing in this part shall be construed to prohibit 

16 a recipient of funds under this part from serving gifted 

17 and talented students simultaneously with students with 

18 similar educational needs, in the same educational settings 

19 where appropriate. 

20 ‘‘SEC. 2508. PROGRAM PRIORITIES. 

21 ‘‘(a) GENERAL PRIORITY.—In carrying out this part, 

22 the Secretary shall give highest priority to programs and 

23 projects designed to develop new information that— 


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1 ‘‘(1) improves the capability of schools to plan, 

2 conduct, and improve programs to identify and serve 

3 gifted and talented students; and 

4 ‘‘(2) assists schools in the identification of, and 

5 provision of services to, gifted and talented students 

6 (including economically disadvantaged individuals, 

7 individuals with limited English proficiency, and in8 dividuals with disabilities) who may not be identified 

9 and served through traditional assessment methods. 

10 ‘‘(b) SERVICE PRIORITY.—The Secretary shall ensure 

11 that not less than 50 percent of the applications approved 

12 under this part in a fiscal year address the priority de13 scribed in subsection (a)(2) of this section. 

14 ‘‘SEC. 2509. GENERAL PROVISIONS. 

15 ‘‘(a) REVIEW, DISSEMINATION, AND EVALUATION.— 

16 The Secretary shall— 

17 ‘‘(1) use a peer review process in reviewing ap18 plications under this part; 

19 ‘‘(2) ensure that information on the activities 

20 and results of programs and projects funded under 

21 this part is disseminated to appropriate State edu22 cational agencies, local educational agencies, and 

23 other appropriate organizations, including nonprofit 

24 private organizations; and 


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1 ‘‘(3) evaluate the effectiveness of programs 

2 under this part in accordance with section 9601, in 

3 terms of the impact on students traditionally served 

4 in separate gifted and talented programs and on 

5 other students, and submit the results of such eval6 uation to Congress not later than 2 years after the 

7 date of enactment of this part. 

8 ‘‘(b) PROGRAM OPERATIONS.—The Secretary shall 

9 ensure that the programs under this part are administered 

10 within the Department by a person who has recognized 

11 professional qualifications and experience in the field of 

12 the education of gifted and talented students and who 

13 shall— 

14 ‘‘(1) administer and coordinate the programs 

15 authorized under this part; 

16 ‘‘(2) serve as a focal point of national leader17 ship and information on the educational needs of 

18 gifted and talented students and the availability of 

19 educational services and programs designed to meet 

20 such needs; 

21 ‘‘(3) assist the Director of the Institute of Edu22 cation Science in identifying research priorities that 

23 reflect the needs of gifted and talented students; 


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1 ‘‘(4) consult on and disseminate the information 

2 to other offices within the Department and to the 

3 public; and 

4 ‘‘(5) every 3 years, based on the annual reports 

5 received under section 2506, prepare and submit to 

6 the Committee on Education and Labor of the 

7 House of Representatives and the Committee on 

8 Health, Education, Labor, Pensions of the Senate a 

9 report on the program outcomes of the programs 

10 funded under this part, and the promising practices 

11 developed through programs or projects funded 

12 under this part. 

13 ‘‘SEC. 2510. AUTHORIZATION OF APPROPRIATIONS. 

14 ‘‘(a) IN GENERAL.—There are authorized to be ap15 propriated to the Secretary $100,000,000 to carry out this 

16 part for fiscal year 2010 and such sums as may be nec17 essary for each fiscal year thereafter. 

18 ‘‘(b) ALLOCATION OF FUNDING.—Of the amounts 

19 appropriated under subsection (a), the Secretary shall al20 locate— 

21 ‘‘(1) up to $7,500,000 to carry out section 

22 2504(c); 

23 ‘‘(2) any amount in excess of $7,500,000, but 

24 not more than $92,500,000, to carry out the re25 mainder of section 2504; and 


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1 ‘‘(3) any amount in excess of $100,000,000 to 

2 carry out section 2505. 

3 ‘‘SEC. 2511. DEFINITIONS. 

4 ‘‘For purposes of this part: 

5 ‘‘(1) GIFTED AND TALENTED.— 

6 ‘‘(A) IN GENERAL.—Except as provided in 

7 subparagraph (B), the term ‘gifted and tal8 ented’ when used with respect to a person or 

9 program— 

10 ‘‘(i) has the meaning given the term 

11 under applicable State law; or 

12 ‘‘(ii) in the case of a State that does 

13 not have a State law defining the term, 

14 has the meaning given such term by defini15 tion of the State educational agency or 

16 local educational agency involved. 

17 ‘‘(B) SPECIAL RULE.—In the case of a 

18 State that does not have a State law that de19 fines the term, and the State educational agen20 cy or local educational agency has not defined 

21 the term, the term has the meaning given the 

22 term in section 9101. 

23 ‘‘(2) STATE.—The term ‘State’ means each of 

24 the 50 States, the District of Columbia, and the 

25 Commonwealth of Puerto Rico.’’. 


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1 SEC. 3. CONFORMING AMENDMENT. 

2 Part D of title V of the Elementary and Secondary 

3 Education Act of 1965 (20 U.S.C. 7241 et seq.) is amend4 ed— 

5 (1) by striking subpart 6; and 

6 (2) by redesignating subpart 7 through subpart 

7 21 as subpart 6 through subpart 20, respectively. 

Æ 


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