I 

112TH CONGRESS 

1ST SESSION H. R. 1674 

To amend the Elementary and Secondary Education Act of 1965 to aid 

gifted and talented learners, including high-ability learners not formally 

identified as gifted. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 2, 2011 

Mr. GALLEGLY (for himself and Mr. PAYNE) introduced the following bill; 

which was referred to the Committee on Education and the Workforce 

A BILL 

To amend the Elementary and Secondary Education Act 

of 1965 to aid gifted and talented learners, including 

high-ability learners not formally identified as gifted. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the ‘‘To 

5 Aid Gifted and High-Ability Learners by Empowering the 

6 Nation’s Teachers Act’’ or the ‘‘TALENT Act’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 


smartinez on DSKB9S0YB1PROD with BILLS
2 

•HR 1674 IH

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. 

TITLE II—IMPROVING TEACHING FOR GIFTED AND TALENTED 

STUDENTS 

Sec. 201. State plans. 

Sec. 202. Local plans. 

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—AIDING GIFTED AND HIGH-ABILITY LEARNERS BY 

EMPOWERING THE NATION’S TEACHERS 

Sec. 401. Establishment of TALENT program. 

TITLE V—GENERAL PROVISIONS 

Sec. 501. Definitions. 

Sec. 502. Repeal of the Jacob K. Javits gifted and talented program. 

Sec. 503. Technical and conforming amendments. 

Sec. 504. Effective date. 

1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

3 (1) Academically gifted and talented students 

4 make up an estimated 6 to 10 percent of the pre5 kindergarten through grade 12 student population, 

6 totaling between 3,000,000 and 6,000,000 students. 

7 (2) There is a growing gap at the highest levels 

8 of achievement between the performance of sub9 groups of students, particularly between the per10 formance of students who are African-American or 

11 Hispanic and the performance of White students, on 


smartinez on DSKB9S0YB1PROD with BILLS
3 

•HR 1674 IH

1 statewide assessments and on the National Assess2 ment of Educational Progress. 

3 (3) Students with gifts and talents, and high4 ability students who have not been formally identi5 fied for gifted education services, require modifica6 tions to the general education curriculum to fully 

7 meet their potential. 

8 (4) Effective assessment and instruction of stu9 dents with gifts and talents requires educators to 

10 have specialized knowledge and skills. 

11 (5) Ninety percent of teachers nationwide want 

12 more professional development focused on the skills 

13 necessary for teaching advanced students. 

14 (6) Interventions and strategies that have been 

15 demonstrated to be successful with gifted and tal16 ented students can be modified to improve the 

17 achievement of all students. 

18 (7) The availability of gifted education pro19 grams and services to students who require such 

20 services is unequal and often relies solely on local re21 sources and leadership, leaving many high-ability 

22 students from rural areas or who are English lan23 guage learners or Hispanic, African-American, or 

24 Native American, among others, without access to 

25 appropriate services. 


smartinez on DSKB9S0YB1PROD with BILLS
4 

•HR 1674 IH

1 (8) There are an estimated 360,000 students in 

2 the United States who are both gifted and have a 

3 disability. These ‘‘twice exceptional’’ children present 

4 special challenges because their disability often 

5 masks their academic potential or their academic 

6 strengths may mask their disability, resulting in a 

7 lack of services and supports for this student popu8 lation. 

9 (9) The development and dissemination of re10 search and national data on gifted and talented stu11 dents is necessary to— 

12 (A) guide evidence-based classroom prac13 tices vital to meeting the unique needs of this 

14 population of students; and 

15 (B) contribute to the decisionmaking of 

16 educators, families, and policymakers. 

17 SEC. 3. REFERENCES. 

18 Except as otherwise expressly provided, whenever in 

19 this Act an amendment or repeal is expressed in terms 

20 of an amendment to, or repeal of, a section or other provi21 sion, the reference shall be considered to be made to a 

22 section or other provision of the Elementary and Sec23 ondary Education Act (20 U.S.C. 6301 et seq.). 


smartinez on DSKB9S0YB1PROD with BILLS
5 

•HR 1674 IH

1 TITLE I—IMPROVING BASIC 

2 PROGRAM REQUIREMENTS 

3 SEC. 101. STATE PLANS. 

4 (a) ACCOUNTABILITY.—Section 1111(b)(2)(A) (20 

5 U.S.C. 6311(b)(2)(A)) is amended— 

6 (1) in clause (ii), by striking ‘‘and’’ after the 

7 semicolon; 

8 (2) in clause (iii), by striking the period at the 

9 end and inserting ‘‘; and’’; and 

10 (3) by adding at the end the following: 

11 ‘‘(iv) include a recognition program 

12 for local educational agencies in the State 

13 that, for each category of students de14 scribed in subparagraph (C)(v), signifi15 cantly increase the proportion of students 

16 scoring at or above the advanced level of 

17 achievement on the State academic assess18 ments under subsection (a)(3).’’. 

19 (b) STATE ASSESSMENTS.—Section 1111(b)(3) (20 

20 U.S.C. 6311(b)(3)) is amended— 

21 (1) in subparagraph (A)— 

22 (A) by inserting ‘‘vertically scaled,’’ after 

23 ‘‘high-quality,’’; and 

24 (B) by inserting ‘‘and exceed’’ after ‘‘chil25 dren to meet’’; and 


smartinez on DSKB9S0YB1PROD with BILLS
6 

•HR 1674 IH

1 (2) in subparagraph (C)— 

2 (A) in clause (xiv), by striking ‘‘and’’ after 

3 the semicolon; 

4 (B) in clause (xv), by striking the period 

5 and inserting ‘‘; and’’; and 

6 (C) by adding at the end the following: 

7 ‘‘(xvi) measure the full spectrum of 

8 student learning, by being, at a min9 imum— 

10 ‘‘(I) vertically scaled in alignment 

11 with the State academic content 

12 standards and student academic 

13 achievement standards; and 

14 ‘‘(II) able to determine student 

15 mastery of content standards above 

16 the grade level in which the student is 

17 enrolled.’’. 

18 (c) ACCOUNTABILITY SYSTEM.—Section 1111(b) (20 

19 U.S.C. 6311(b)) is amended— 

20 (1) in paragraph (8)— 

21 (A) in subparagraph (D), by striking 

22 ‘‘and’’ after the semicolon; 

23 (B) by redesignating subparagraph (E) as 

24 subparagraph (F); and 


smartinez on DSKB9S0YB1PROD with BILLS
7 

•HR 1674 IH

1 (C) by inserting after subparagraph (D) 

2 the following: 

3 ‘‘(E) the specific steps the State edu4 cational agency will take to assist each local 

5 educational agency and school affected by the 

6 State plan to provide additional educational as7 sistance to individual students who— 

8 ‘‘(i) perform at the advanced level of 

9 achievement on the State academic assess10 ments described in paragraph (3); or 

11 ‘‘(ii) are gifted and talented (including 

12 high-ability students who have not been 

13 formally identified for gifted education 

14 services); and’’; and 

15 (2) in paragraph (10)(B), by inserting ‘‘, in16 cluding students who score at the advanced level of 

17 achievement on State academic assessments de18 scribed in paragraph (3) and students who are gifted 

19 and talented (including high-ability students who 

20 have not been formally identified for gifted edu21 cation services)’’ before the period at the end. 

22 SEC. 102. ANNUAL STATE REPORT CARDS. 

23 Section 1111(h)(1)(C) (20 U.S.C. 6311(h)(1)(C)) is 

24 amended— 


smartinez on DSKB9S0YB1PROD with BILLS
8 

•HR 1674 IH

1 (1) in clause (vii), by striking ‘‘; and’’ and in2 serting a semicolon; 

3 (2) by redesignating clause (viii) as clause (ix); 

4 and 

5 (3) by inserting after clause (vii) the following: 

6 ‘‘(viii) the most recent 2-year trend in 

7 student achievement for students scoring 

8 in the highest 10 percent on the State aca9 demic assessments under subsection (a)(3), 

10 in each subject area, and each grade level, 

11 for which such assessments are required, 

12 disaggregated by each of the categories de13 scribed in subsection (b)(2)(C)(v); and’’. 

14 SEC. 103. LOCAL EDUCATIONAL AGENCY PLANS. 

15 (a) PLAN PROVISIONS.—Section 1112(b)(1) (20 

16 U.S.C. 6312(b)(1)) is amended— 

17 (1) in subparagraph (P), by striking ‘‘and’’ 

18 after the semicolon; 

19 (2) in subparagraph (Q), by striking the period 

20 at the end and inserting ‘‘; and’’; and 

21 (3) by adding at the end the following: 

22 ‘‘(R) a description of how the local edu23 cational agency will identify gifted and talented 

24 students, including high-ability students who 

25 have not previously been formally identified for 


smartinez on DSKB9S0YB1PROD with BILLS
9 

•HR 1674 IH

1 gifted education services, and provide services 

2 to support the learning needs of such students 

3 to ensure that such students make appropriate 

4 learning gains.’’. 

5 (b) SCHOOLWIDE PROGRAMS.—Section 1114(b)(1) 

6 (20 U.S.C. 6314(b)(1)) is amended by adding at the end 

7 the following: 

8 ‘‘(K) A description of how the school will 

9 identify gifted and talented students, including 

10 high-ability students who have not previously 

11 been formally identified for gifted education 

12 services, and provide services to support such 

13 students’ learning needs to ensure that such 

14 students make appropriate learning gains.’’. 

15 (c) TARGETED ASSISTANCE SCHOOLS.—Section 

16 1115(c)(1) (20 U.S.C. 6315(c)(1)) is amended— 

17 (1) in subparagraph (G), by striking ‘‘and’’ 

18 after the semicolon; 

19 (2) in subparagraph (H), by striking the period 

20 at the end and inserting ‘‘; and’’; and 

21 (3) by adding at the end the following: 

22 ‘‘(I) describe how the school will identify 

23 gifted and talented students, including high24 ability students who have not previously been 

25 formally identified for gifted education services, 


smartinez on DSKB9S0YB1PROD with BILLS
10 

•HR 1674 IH

1 and provide services to support their learning 

2 needs to ensure that gifted and talented and 

3 high-ability students make appropriate learning 

4 gains.’’. 

5 TITLE II—IMPROVING TEACHING 

6 FOR GIFTED AND TALENTED 

7 STUDENTS 

8 SEC. 201. STATE PLANS. 

9 Section 2112(b)(5) (20 U.S.C. 6612(b)(5)) is amend10 ed by adding at the end the following: 

11 ‘‘(C) A description of the comprehensive strat12 egy the State educational agency will use to improve 

13 the teaching skills of teachers, principals, pupil serv14 ices personnel, and other instructional leaders in 

15 order to enable them to employ strategies that focus 

16 on— 

17 ‘‘(i) the identification of students’ specific 

18 learning needs, particularly students with dis19 abilities, students who are limited English pro20 ficient, students who are gifted and talented, 

21 and students with low literacy levels; and 

22 ‘‘(ii) the tailoring of academic instruction 

23 to such needs.’’. 


smartinez on DSKB9S0YB1PROD with BILLS
11 

•HR 1674 IH

1 SEC. 202. LOCAL PLANS. 

2 Section 2122(b)(2) (20 U.S.C. 6622(b)(2)) is amend3 ed— 

4 (1) by striking ‘‘to eliminate the achievement’’ 

5 and inserting the following: ‘‘to eliminate— 

6 ‘‘(A) the achievement’’; 

7 (2) by striking ‘‘students.’’ and inserting ‘‘stu8 dents; and’’; and 

9 (3) by adding at the end the following: 

10 ‘‘(B) including the achievement gap be11 tween the highest 10 percent of scores on the 

12 State academic assessments for students in 

13 each category described in section 

14 1111(b)(2)(C)(v)(II), as compared to the high15 est 10 percent of such scores for all students 

16 served by the local educational agency.’’. 

17 TITLE III—GIFTED AND TAL18 ENTED STUDENTS IN RURAL 

19 SCHOOLS 

20 SEC. 301. SMALL RURAL SCHOOL ACHIEVEMENT PROGRAM. 

21 Section 6211 (20 U.S.C. 7345) is amended by insert22 ing ‘‘, including supporting gifted and talented students, 

23 including high-ability students who have not been formally 

24 identified for gifted education services,’’ after ‘‘local activi25 ties’’. 


smartinez on DSKB9S0YB1PROD with BILLS
12 

•HR 1674 IH

1 SEC. 302. RURAL AND LOW-INCOME SCHOOL PROGRAM. 

2 Section 6222(a)(2) (20 U.S.C. 7351a(a)(2)) is 

3 amended by striking ‘‘and to’’ and inserting ‘‘, train teach4 ers to meet the unique learning needs of gifted and tal5 ented students, including high-ability students who have 

6 not been formally identified for gifted education services, 

7 and’’. 

8 TITLE IV—AIDING GIFTED AND 

9 HIGH-ABILITY LEARNERS BY 

10 EMPOWERING THE NATION’S 

11 TEACHERS 

12 SEC. 401. ESTABLISHMENT OF TALENT PROGRAM. 

13 (a) IN GENERAL.—Title II (20 U.S.C. 6601 et seq.) 

14 is amended by adding at the end the following: 

15 ‘‘PART E—AIDING GIFTED AND HIGH-ABILITY 

16 LEARNERS BY EMPOWERING THE NATION’S 

17 TEACHERS 

18 ‘‘SEC. 2501. ESTABLISHMENT OF TALENT PROGRAM. 

19 ‘‘(a) PURPOSES AND OBJECTIVES.— 

20 ‘‘(1) PURPOSES.—The purposes of this part 

21 are— 

22 ‘‘(A) to address the urgent need for inno23 vation in teaching gifted and talented students, 

24 including high-ability students who have not 

25 been formally identified for gifted education 

26 services, by initiating a coordinated program of 


smartinez on DSKB9S0YB1PROD with BILLS
13 

•HR 1674 IH

1 high-quality professional development for teach2 ers (including gifted and talented teachers), 

3 principals, pupil services personnel, and other 

4 instructional leaders, to support the identifica5 tion and education of gifted and talented stu6 dents, including high-ability students who have 

7 not previously been formally identified for gifted 

8 education services; 

9 ‘‘(B) to spur the development and dissemi10 nation of evidence-based best practices that ele11 mentary and secondary schools and families can 

12 use to improve instruction and learning by initi13 ating evidence-based demonstration projects 

14 that investigate the effectiveness of services and 

15 programs to meet the special education needs of 

16 gifted and talented students, including high17 ability students who have not been formally 

18 identified for gifted education services; and 

19 ‘‘(C) to establish a National Research and 

20 Dissemination Center for the Education of the 

21 Gifted and Talented to conduct and synthesize 

22 research and disseminate practical information 

23 on improving education outcomes for gifted and 

24 talented students, including high-ability stuVerDate Mar 15 2010 04:01 May 03, 2011 Jkt 099200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H1674.IH H1674

smartinez on DSKB9S0YB1PROD with BILLS
14 

•HR 1674 IH

1 dents who have not been formally identified for 

2 gifted education services. 

3 ‘‘(b) APPLICABILITY TO ALL GIFTED STUDENTS.— 

4 The provisions of this part apply to all gifted and talented 

5 students, including high-ability students, without regard 

6 as to whether such students have been formally identified 

7 as gifted and talented or selected for gifted education serv8 ices. 

9 ‘‘(c) PROFESSIONAL DEVELOPMENT AND BEST

10 PRACTICES GRANT PROGRAM.— 

11 ‘‘(1) DEFINITION OF ELIGIBLE ENTITY.—In 

12 this subsection, the term ‘eligible entity’ means an 

13 institution of higher education or State educational 

14 agency acting in a partnership that— 

15 ‘‘(A) includes a State educational agency, 

16 local educational agency, consortium of local 

17 educational agencies, or an institution of higher 

18 education; and 

19 ‘‘(B) may include other public agencies, 

20 private entities, or organizations, that have 

21 demonstrated expertise in gifted education ped22 agogy. 

23 ‘‘(2) PROGRAM AUTHORIZED.— 

24 ‘‘(A) IN GENERAL.—From the amounts 

25 appropriated to carry out this subsection under 


smartinez on DSKB9S0YB1PROD with BILLS
15 

•HR 1674 IH

1 section 5202(b)(2), the Secretary, after con2 sultation with experts in the field of gifted and 

3 talented education, is authorized to award, on a 

4 competitive basis, grants to eligible entities to 

5 enable the eligible entities to carry out activities 

6 supporting the purposes of subparagraph (A) or 

7 (B) of subsection (a)(1). 

8 ‘‘(B) DURATION OF DEMONSTRATION

9 PROJECT GRANTS.—A grant awarded to carry 

10 out the purpose described in subsection 

11 (a)(1)(B) shall be for a period of not less than 

12 3 years nor more than 5 years. 

13 ‘‘(3) APPLICATIONS.—Each entity seeking a 

14 grant under this subsection shall submit an applica15 tion to the Secretary at such time, in such manner, 

16 and containing such information as the Secretary 

17 may reasonably require. Each such application shall 

18 describe— 

19 ‘‘(A) in the case of an application for a 

20 grant for the purpose described in subsection 

21 (a)(1)(A), how the proposed professional devel22 opment program is designed in response to a 

23 needs assessment; 


smartinez on DSKB9S0YB1PROD with BILLS
16 

•HR 1674 IH

1 ‘‘(B) in the case of an application for a 

2 grant for the purpose described in subsection 

3 (a)(1)(B)— 

4 ‘‘(i) how the proposed demonstration 

5 project will support the development and 

6 dissemination of evidence-based strategies 

7 and practices that local educational agen8 cies and families can use to improve the 

9 identification and education of gifted and 

10 talented students, including high-ability 

11 students who have not previously been for12 mally identified for gifted education serv13 ices; and 

14 ‘‘(ii) how the grantee proposes to dis15 seminate project findings and outcomes to 

16 general education and gifted and talented 

17 education professionals and to parents; 

18 ‘‘(C) where appropriate, how the profes19 sional development program or demonstration 

20 project can be adapted for use with all stu21 dents; and 

22 ‘‘(D) how the proposed professional devel23 opment program or demonstration project will 

24 be evaluated. 


smartinez on DSKB9S0YB1PROD with BILLS
17 

•HR 1674 IH

1 ‘‘(4) REVIEW OF DEMONSTRATION PROJECT AP2 PLICATIONS.—In reviewing applications for grants 

3 for the purpose described in subsection (a)(1)(B), 

4 the Secretary shall select eligible entities for such 

5 grants based on one or more of the following prior6 ities: 

7 ‘‘(A) Improving methods and techniques 

8 for identifying and serving gifted and talented 

9 students, including high-ability students who 

10 have not previously been formally identified for 

11 gifted education services, from underserved pop12 ulations (including economically disadvantaged 

13 individuals, individuals with limited English 

14 proficiency, individuals with disabilities, and in15 dividuals from rural geographic areas). 

16 ‘‘(B) Developing valid and reliable forma17 tive and summative assessment instruments 

18 that accurately measure student performance 

19 above grade level. 

20 ‘‘(C) Increasing the ability of teachers in 

21 general education settings to identify and in22 struct gifted and talented students, including 

23 high-ability students who have not previously 

24 been formally identified for gifted education 

25 services. 


smartinez on DSKB9S0YB1PROD with BILLS
18 

•HR 1674 IH

1 ‘‘(D) Exploring the impact on achievement 

2 of various school- and classroom-based edu3 cational strategies such as multi-tiered supports 

4 and services, accelerated learning opportunities, 

5 and enrichment. 

6 ‘‘(E) Improving— 

7 ‘‘(i) access to advanced programs and 

8 services by traditionally underserved popu9 lations; and 

10 ‘‘(ii) the effectiveness of the programs 

11 and services for such populations. 

12 ‘‘(F) Replicating, on a larger scale, suc13 cessful evidence-based practices. 

14 ‘‘(5) AUTHORIZED USE OF FUNDS.— 

15 ‘‘(A) ENSURING NECESSARY TEACHING

16 SKILLS.—An eligible entity receiving a grant for 

17 the purpose described in subsection (a)(1)(A) 

18 shall use grant funds to ensure that school per19 sonnel, including teachers, principals, pupil 

20 services personnel, and other instructional lead21 ers, have the necessary teaching skills and edu22 cational strategies to ensure that gifted and tal23 ented students, including high-ability students 

24 who have not been formally identified for gifted 

25 education services, are achieving at levels comVerDate Mar 15 2010 04:01 May 03, 2011 Jkt 099200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H1674.IH H1674

smartinez on DSKB9S0YB1PROD with BILLS
19 

•HR 1674 IH

1 mensurate with the students’ ability or apti2 tude, by implementing a professional develop3 ment program that— 

4 ‘‘(i) enables school personnel to recog5 nize the learning differences, develop6 mental milestones, and cognitive and affec7 tive characteristics of gifted and talented 

8 students, including gifted and talented stu9 dents from diverse backgrounds and high10 ability students who have not been for11 mally identified for gifted education serv12 ices, and to identify the students’ related 

13 academic and social-emotional needs; 

14 ‘‘(ii) enables educators to— 

15 ‘‘(I) understand, plan, and imple16 ment a range of evidence-based strate17 gies to assess students who are gifted 

18 and talented, including high-ability 

19 students who have not previously been 

20 formally identified for gifted education 

21 services, to differentiate instruction, 

22 content, and assignments for such 

23 students (including the use of higher24 order critical and creative thinking 

25 skills), and to nominate such students 


smartinez on DSKB9S0YB1PROD with BILLS
20 

•HR 1674 IH

1 for advanced programs or academic 

2 acceleration, as needed; and 

3 ‘‘(II) understand how, if appro4 priate, such strategies may be adapted 

5 for the use of all students; and 

6 ‘‘(iii) builds the capacity of teachers, 

7 principals, pupil services personnel, and 

8 other instructional leaders to identify and 

9 serve such students. 

10 ‘‘(B) SUPPORTING EVIDENCE-BASED RE11 SEARCH DEMONSTRATION PROJECTS.—An eligi12 ble entity receiving a grant for the purpose de13 scribed in subsection (a)(1)(B) shall use grant 

14 funds to— 

15 ‘‘(i) conduct field-based research to 

16 develop innovative practices, assessment 

17 tools for gifted identification, materials, 

18 and other practices and strategies, that are 

19 designed specifically to address the needs 

20 of gifted and talented students, including 

21 high-ability students who have not been 

22 formally identified for gifted education 

23 services; and 

24 ‘‘(ii) provide research findings and 

25 other grant results to the National ReVerDate Mar 15 2010 04:01 May 03, 2011 Jkt 099200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H1674.IH H1674

smartinez on DSKB9S0YB1PROD with BILLS
21 

•HR 1674 IH

1 search and Dissemination Center estab2 lished under subsection (d) not later than 

3 12 months after the completion of the 

4 grant period for synthesis and dissemina5 tion. 

6 ‘‘(d) NATIONAL RESEARCH AND DISSEMINATION

7 CENTER FOR THE EDUCATION OF THE GIFTED AND TAL8 ENTED.— 

9 ‘‘(1) DEFINITION OF ELIGIBLE ENTITY.—In 

10 this subsection, the term ‘eligible entity’ means a 

11 partnership composed of not less than one of each 

12 of the following: 

13 ‘‘(A) An institution of higher education 

14 with expertise in gifted and talented education. 

15 ‘‘(B) A nonprofit organization with an es16 tablished national network of stakeholders, in17 cluding parents and classroom educators, inter18 ested in serving the unique learning needs of 

19 gifted and talented students, including high20 ability students who have not been formally 

21 identified for gifted education services. 

22 ‘‘(2) ESTABLISHMENT OF NATIONAL RESEARCH

23 AND DISSEMINATION CENTER.—From the amounts 

24 appropriated under section 2502(b)(1) to carry out 

25 this subsection, the Secretary, through a competitive 


smartinez on DSKB9S0YB1PROD with BILLS
22 

•HR 1674 IH

1 grant process, is authorized to award a grant to an 

2 eligible entity to enable the eligible entity to estab3 lish a National Research and Dissemination Center 

4 for the Education of the Gifted and Talented that 

5 is focused on the unique needs of gifted and talented 

6 students, including high-ability students who have 

7 not been formally identified for gifted education 

8 services. 

9 ‘‘(3) AUTHORIZED USE OF FUNDS.—An eligible 

10 entity that receives a grant under this subsection 

11 shall use the funds provided under the grant to 

12 carry out all of the following activities: 

13 ‘‘(A) Conduct evidence-based research on 

14 methods and techniques for identifying and 

15 serving gifted and talented students, including 

16 high-ability students who have not previously 

17 been formally identified for gifted education 

18 services and, where appropriate, for using the 

19 methods and techniques to serve all students. 

20 ‘‘(B) Develop and disseminate evidence21 based resources on the unique learning needs of 

22 students who are gifted and talented, including 

23 high-ability students who have not been for24 mally identified for gifted education services, in 

25 order to— 


smartinez on DSKB9S0YB1PROD with BILLS
23 

•HR 1674 IH

1 ‘‘(i) support teacher training and pro2 fessional development strategies to improve 

3 the teaching skills of teachers (including 

4 general education, gifted and talented, and 

5 special education teachers); and 

6 ‘‘(ii) assist parents in supporting their 

7 gifted and talented children’s education. 

8 ‘‘(C)(i) Synthesize research findings and 

9 strategies (including research produced under 

10 grants awarded under subsection (c)) on meet11 ing the needs of gifted and talented students, 

12 including high-ability students who have not 

13 been formally identified for gifted education 

14 services. 

15 ‘‘(ii) Disseminate such research findings 

16 and strategies widely, including to— 

17 ‘‘(I) the regional comprehensive cen18 ters authorized under section 203 of the 

19 Educational Technical Assistance Act of 

20 2002 that provide technical assistance to 

21 States and local educational agencies; and 

22 ‘‘(II) the technical assistance and dis23 semination centers and parent training and 

24 information centers authorized under secVerDate Mar 15 2010 04:01 May 03, 2011 Jkt 099200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H1674.IH H1674

smartinez on DSKB9S0YB1PROD with BILLS
24 

•HR 1674 IH

1 tions 663 and 671, respectively, of the In2 dividuals with Disabilities Education Act. 

3 ‘‘(e) ANNUAL REPORTING.—Each entity receiving a 

4 grant under this part shall submit an annual report to 

5 the Secretary that describes the number of students served 

6 and the activities supported with funds provided under 

7 this part. 

8 ‘‘(f) RULE OF CONSTRUCTION.—Nothing in this part 

9 shall be construed to prohibit a recipient of funds under 

10 this part from serving gifted and talented students simul11 taneously with students with similar educational needs, in 

12 the same educational settings where appropriate. 

13 ‘‘(g) PROGRAM PRIORITIES.—In carrying out this 

14 part, the Secretary shall ensure that not less than 50 per15 cent of the applications approved under subsection (c) in 

16 a fiscal year address one or more of the following prior17 ities: 

18 ‘‘(1) Improving the capability of schools to plan 

19 and conduct targeted gifted and talented interven20 tions and academic services to ensure that the rate 

21 of growth in academic achievement of subgroups of 

22 gifted and talented or high-ability students who may 

23 not be identified and served through traditional as24 sessment methods (including economically disadvan25 taged individuals, individuals with limited English 


smartinez on DSKB9S0YB1PROD with BILLS
25 

•HR 1674 IH

1 proficiency, and individuals with disabilities) is com2 mensurate with their aptitude or ability. 

3 ‘‘(2) Assisting rural schools and local edu4 cational agencies in providing services to gifted and 

5 talented students, including high-ability students 

6 who have not previously been formally identified for 

7 gifted education services. 

8 ‘‘(h) GENERAL PROVISIONS.— 

9 ‘‘(1) REVIEW, DISSEMINATION, AND EVALUA10 TION.—The Secretary shall— 

11 ‘‘(A) use a peer review process in reviewing 

12 applications under this part; 

13 ‘‘(B) ensure that information on the activi14 ties and results of programs and projects fund15 ed under this part is disseminated to State edu16 cational agencies, local educational agencies, in17 stitution of higher education teacher prepara18 tion programs, and other appropriate organiza19 tions, including nonprofit organizations; and 

20 ‘‘(C) evaluate the effectiveness of programs 

21 under this part in accordance with section 

22 9601, in terms of the impact on students tradi23 tionally served in separate gifted and talented 

24 programs and on other students, and submit 

25 the results of such evaluation to Congress not 


smartinez on DSKB9S0YB1PROD with BILLS
26 

•HR 1674 IH

1 later than 2 years after the date of enactment 

2 of the To Aid Gifted and High-Ability Learners 

3 by Empowering the Nation’s Teachers Act. 

4 ‘‘(2) PROGRAM OPERATIONS.—The Secretary 

5 shall ensure that the programs under this part are 

6 administered within the Department by a person 

7 who has recognized professional qualifications and 

8 experience in the field of gifted and talented edu9 cation. Such individual shall— 

10 ‘‘(A) administer and coordinate the pro11 grams authorized under this part; 

12 ‘‘(B) serve as a focal point of national 

13 leadership and information on the educational 

14 needs of gifted and talented students, including 

15 high-ability students who have not been for16 mally identified for gifted education services, 

17 and the availability of educational services and 

18 programs designed to meet such needs; 

19 ‘‘(C) assist the Director of the Institute of 

20 Education Sciences in identifying research and 

21 data collection priorities that reflect the needs 

22 of gifted and talented students, including high23 ability students who have not been formally 

24 identified for gifted education services, and 


smartinez on DSKB9S0YB1PROD with BILLS
27 

•HR 1674 IH

1 would facilitate appropriate decisionmaking by 

2 local educational agencies; 

3 ‘‘(D) consult with other offices within the 

4 Department of Education and in other Federal 

5 departments or agencies regarding issues in6 volving gifted and talented education, and dis7 seminate information on gifted and talented 

8 education to such offices and the public; and 

9 ‘‘(E)(i) every 2 years, prepare and submit 

10 to the Committee on Health, Education, Labor, 

11 and Pensions of the Senate and the Committee 

12 on Education and the Workforce of the House 

13 of Representatives, a report on the outcomes 

14 and promising practices developed through pro15 grams or projects funded under this part, as 

16 well as the condition of gifted and talented stu17 dents in the United States; and 

18 ‘‘(ii) share such report with the Institute 

19 for Education Sciences and the National Re20 search and Dissemination Center for the Edu21 cation of the Gifted and Talented established 

22 under subsection (d), in order for the report to 

23 be disseminated nationally. 


smartinez on DSKB9S0YB1PROD with BILLS
28 

•HR 1674 IH

1 ‘‘SEC. 2502. AUTHORIZATION OF APPROPRIATIONS. 

2 ‘‘(a) IN GENERAL.—There are authorized to be ap3 propriated to carry out this part $10,000,000 for fiscal 

4 year 2013 and such sums as may be necessary for each 

5 succeeding fiscal year. 

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

7 appropriated under subsection (a) for a fiscal year, the 

8 Secretary— 

9 ‘‘(1) shall allocate an amount not to exceed 20 

10 percent of the funds to carry out section 2501(d); 

11 and 

12 ‘‘(2) shall, from the amount remaining after the 

13 allocation under paragraph (1)— 

14 ‘‘(A) allocate 60 percent of such remaining 

15 amount to carry out grants described in section 

16 2501(a)(1)(A); and 

17 ‘‘(B) allocate 40 percent of the remaining 

18 amount to carry out grants described in section 

19 2501(a)(1)(B).’’. 

20 TITLE V—GENERAL PROVISIONS 

21 SEC. 501. DEFINITIONS. 

22 Section 9101 (20 U.S.C. 7801) is amended— 

23 (1) by redesignating paragraph (43) as para24 graph (44); and 

25 (2) by inserting after paragraph (42) the fol26 lowing: 


smartinez on DSKB9S0YB1PROD with BILLS
29 

•HR 1674 IH

1 ‘‘(43) TEACHING SKILLS.—The term ‘teaching 

2 skills’ has the meaning given the term in section 200 

3 of the Higher Education Act of 1965.’’. 

4 SEC. 502. REPEAL OF THE JACOB K. JAVITS GIFTED AND 

5 TALENTED PROGRAM. 

6 (a) IN GENERAL.—Subpart 6 of part D of title V 

7 (20 U.S.C. 7253 et seq.) is repealed. 

8 (b) TRANSITION PROVISIONS.—Notwithstanding any 

9 other provision of law, the Secretary of Education shall 

10 take such steps as are necessary to provide for the orderly 

11 transition to the authority of part E of title II of the Ele12 mentary and Secondary Education Act of 1965 (as en13 acted by title IV of this Act), from any authority under 

14 subpart 6 of part D of title V of the Elementary and Sec15 ondary Education Act of 1965 (20 U.S.C. 7253 et seq.) 

16 (as such subpart was in effect on the day before the effec17 tive date of this Act). 

18 SEC. 503. TECHNICAL AND CONFORMING AMENDMENTS. 

19 (a) TABLE OF CONTENTS.—The table of contents in 

20 section 2 of the Elementary and Secondary Education Act 

21 of 1965 is amended— 

22 (1) by striking the items relating to subpart 6 

23 of part D of title V; and 

24 (2) by inserting after the item relating to sec25 tion 2441 the following: 


smartinez on DSKB9S0YB1PROD with BILLS
30 

•HR 1674 IH

‘‘PART E—AIDING GIFTED AND HIGH-ABILITY LEARNERS BY EMPOWERING

THE NATION’S TEACHERS

‘‘Sec. 2501. Establishment of TALENT program. 

‘‘Sec. 2502. Authorization of appropriations.’’. 

1 (b) AMENDMENTS TO EDUCATION SCIENCES RE2 FORM ACT OF 2002.—The Education Sciences Reform 

3 Act of 2002 (20 U.S.C. 9501) is amended— 

4 (1) in section 133(c)(2), by adding after sub5 section (K) the following: 

6 ‘‘(L) The condition of education for gifted 

7 and talented students.’’; and 

8 (2) in section 153(a)(3), by inserting ‘‘including 

9 children who are gifted and talented,’’ after ‘‘popu10 lation characteristics,’’. 

11 SEC. 504. EFFECTIVE DATE. 

12 This Act, and the amendments made by this Act, 

13 shall take effect 1 year after the date of enactment of this 

14 Act. 

Æ 


smartinez on DSKB9S0YB1PROD with BILLS