II 

112TH CONGRESS 

1ST SESSION S. 857 

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 SENATE OF THE UNITED STATES 

APRIL 14, 2011 

Mr. GRASSLEY (for himself and Mr. CASEY) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

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. 


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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. 

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 


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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. 


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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.). 


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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 subsection (b)(2)(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 


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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 


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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); and 

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— 


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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 


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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, 


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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.’’. 


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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’’. 


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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 


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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 

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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, the 


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1 Secretary, after consultation with experts in the 

2 field of gifted and talented education, is author3 ized to award, on a competitive basis, grants to 

4 eligible entities to enable the eligible entities to 

5 carry out activities supporting the purposes of 

6 subparagraph (A) or (B) of subsection (a)(1). 

7 ‘‘(B) DURATION OF DEMONSTRATION

8 PROJECT GRANTS.—A grant awarded to carry 

9 out the purpose described in subsection 

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

11 3 years nor more than 5 years. 

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

13 grant under this subsection shall submit an applica14 tion to the Secretary at such time, in such manner, 

15 and containing such information as the Secretary 

16 may reasonably require. Each such application shall 

17 describe— 

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

19 grant for the purpose described in subsection 

20 (a)(1)(A), how the proposed professional devel21 opment program is designed in response to a 

22 needs assessment; 

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

24 grant for the purpose described in subsection 

25 (a)(1)(B)— 


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1 ‘‘(i) how the proposed demonstration 

2 project will support the development and 

3 dissemination of evidence-based strategies 

4 and practices that local educational agen5 cies and families can use to improve the 

6 identification and education of gifted and 

7 talented students, including high-ability 

8 students who have not previously been for9 mally identified for gifted education serv10 ices; and 

11 ‘‘(ii) how the grantee proposes to dis12 seminate project findings and outcomes to 

13 general education and gifted and talented 

14 education professionals and to parents; 

15 ‘‘(C) where appropriate, how the profes16 sional development program or demonstration 

17 project can be adapted for use with all stu18 dents; and 

19 ‘‘(D) how the proposed professional devel20 opment program or demonstration project will 

21 be evaluated. 

22 ‘‘(4) REVIEW OF DEMONSTRATION PROJECT AP23 PLICATIONS.—In reviewing applications for a grant 

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

25 the Secretary shall select eligible entities for such 


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1 grants based on one or more of the following prior2 ities: 

3 ‘‘(A) Improving methods and techniques 

4 for identifying and serving gifted and talented 

5 students, including high-ability students who 

6 have not previously been formally identified for 

7 gifted education services, from underserved pop8 ulations (including economically disadvantaged 

9 individuals, individuals with limited English 

10 proficiency, individuals with disabilities, and in11 dividuals from rural geographic areas). 

12 ‘‘(B) Developing valid and reliable forma13 tive and summative assessment instruments 

14 that accurately measure student performance 

15 above grade level. 

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

17 general education settings to identify and in18 struct gifted and talented students, including 

19 high-ability students who have not previously 

20 been formally identified for gifted education 

21 services. 

22 ‘‘(D) Exploring the impact on achievement 

23 of various school- and classroom-based edu24 cational strategies such as multi-tiered supports 


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1 and services, accelerated learning opportunities, 

2 and enrichment. 

3 ‘‘(E) Improving— 

4 ‘‘(i) access to advanced programs and 

5 services by traditionally underserved popu6 lations; and 

7 ‘‘(ii) the effectiveness of the programs 

8 and services for such populations. 

9 ‘‘(F) Replicating, on a larger scale, suc10 cessful evidence-based practices. 

11 ‘‘(5) AUTHORIZED USE OF FUNDS.— 

12 ‘‘(A) ENSURING NECESSARY TEACHING

13 SKILLS.—An eligible entity receiving a grant for 

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

15 shall use grant funds to ensure that school per16 sonnel, including teachers, principals, pupil 

17 services personnel, and other instructional lead18 ers, have the necessary teaching skills and edu19 cational strategies to ensure that gifted and tal20 ented students, including high-ability students 

21 who have not been formally identified for gifted 

22 education services, are achieving at levels com23 mensurate with the students’ ability or apti24 tude, by implementing a professional develop25 ment program that— 


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1 ‘‘(i) enables school personnel to recog2 nize the learning differences, develop3 mental milestones, and cognitive and affec4 tive characteristics of gifted and talented 

5 students, including gifted and talented stu6 dents from diverse backgrounds and high7 ability students who have not been for8 mally identified for gifted education serv9 ices, and to identify the students’ related 

10 academic and social-emotional needs; 

11 ‘‘(ii) enables educators to— 

12 ‘‘(I) understand, plan, and imple13 ment a range of evidence-based strate14 gies to assess students who are gifted 

15 and talented, including high-ability 

16 students who have not previously been 

17 formally identified for gifted education 

18 services, to differentiate instruction, 

19 content, and assignments for such 

20 students (including the use of higher21 order critical and creative thinking 

22 skills), and to nominate such students 

23 for advanced programs or academic 

24 acceleration, as needed; and 


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1 ‘‘(II) understand how, if appro2 priate, such strategies may be adapted 

3 for the use of all students; and 

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

5 principals, pupil services personnel, and 

6 other instructional leaders to identify and 

7 serve such students. 

8 ‘‘(B) SUPPORTING EVIDENCE-BASED RE9 SEARCH DEMONSTRATION PROJECTS.—An eligi10 ble entity receiving a grant for the purpose de11 scribed in subsection (a)(1)(B) shall use grant 

12 funds to— 

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

14 develop innovative practices, assessment 

15 tools for gifted identification, materials, 

16 and other practices and strategies, that are 

17 designed specifically to address the needs 

18 of gifted and talented students, including 

19 high-ability students who have not been 

20 formally identified for gifted education 

21 services; and 

22 ‘‘(ii) provide research findings and 

23 other grant results to the National Re24 search and Dissemination Center estab25 lished under subsection (d) not later than 


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1 12 months after the completion of the 

2 grant period for synthesis and dissemina3 tion. 

4 ‘‘(d) NATIONAL RESEARCH AND DISSEMINATION

5 CENTER FOR THE EDUCATION OF THE GIFTED AND TAL6 ENTED.— 

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

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

9 partnership composed of not less than one of each 

10 of the following: 

11 ‘‘(A) An institution of higher education 

12 with expertise in gifted and talented education. 

13 ‘‘(B) A nonprofit organization with an es14 tablished national network of stakeholders, in15 cluding parents and classroom educators, inter16 ested in serving the unique learning needs of 

17 gifted and talented students, including high18 ability students who have not been formally 

19 identified for gifted education services. 

20 ‘‘(2) ESTABLISHMENT OF NATIONAL RESEARCH

21 AND DISSEMINATION CENTER.—From the amounts 

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

23 this subsection, the Secretary, through a competitive 

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

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1 lish a National Research and Dissemination Center 

2 for the Education of the Gifted and Talented that 

3 is focused on the unique needs of gifted and talented 

4 students, including high-ability students who have 

5 not been formally identified for gifted education 

6 services. 

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

8 entity that receives a grant under this subsection 

9 shall use the funds provided under the grant to 

10 carry out all of the following activities: 

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

12 methods and techniques for identifying and 

13 serving gifted and talented students, including 

14 high-ability students who have not previously 

15 been formally identified for gifted education 

16 services and, where appropriate, for using the 

17 methods and techniques to serve all students. 

18 ‘‘(B) Develop and disseminate evidence19 based resources on the unique learning needs of 

20 students who are gifted and talented, including 

21 high-ability students who have not been for22 mally identified for gifted education services, in 

23 order to— 

24 ‘‘(i) support teacher training and pro25 fessional development strategies to improve 


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1 the teaching skills of teachers (including 

2 general education, gifted and talented, and 

3 special education teachers); and 

4 ‘‘(ii) assist parents in supporting their 

5 gifted and talented children’s education. 

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

7 strategies (including research produced under 

8 grants awarded under subsection (c)) on meet9 ing the needs of gifted and talented students, 

10 including high-ability students who have not 

11 been formally identified for gifted education 

12 services. 

13 ‘‘(ii) Disseminate such research findings 

14 and strategies widely, including to— 

15 ‘‘(I) the regional comprehensive cen16 ters authorized under section 203 of the 

17 Educational Technical Assistance Act of 

18 2002 that provide technical assistance to 

19 States and local educational agencies; and 

20 ‘‘(II) the technical assistance and dis21 semination centers and parent training and 

22 information centers authorized under sec23 tions 663 and 671, respectively, of the In24 dividuals with Disabilities Education Act. 


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

2 grant under this part shall submit an annual report to 

3 the Secretary that describes the number of students served 

4 and the activities supported with funds provided under 

5 this part. 

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

7 shall be construed to prohibit a recipient of funds under 

8 this part from serving gifted and talented students simul9 taneously with students with similar educational needs, in 

10 the same educational settings where appropriate. 

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

12 part, the Secretary shall ensure that not less than 50 per13 cent of the applications approved under subsection (c) in 

14 a fiscal year address one or more of the following prior15 ities: 

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

17 and conduct targeted gifted and talented interven18 tions and academic services to ensure that the rate 

19 of growth in academic achievement of subgroups of 

20 gifted and talented or high-ability students who may 

21 not be identified and served through traditional as22 sessment methods (including economically disadvan23 taged individuals, individuals with limited English 

24 proficiency, and individuals with disabilities) is com25 mensurate with their aptitude or ability. 


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1 ‘‘(2) Assisting rural schools and local edu2 cational agencies in providing services to gifted and 

3 talented students, including high-ability students 

4 who have not previously been formally identified for 

5 gifted education services. 

6 ‘‘(h) GENERAL PROVISIONS.— 

7 ‘‘(1) REVIEW, DISSEMINATION, AND EVALUA8 TION.—The Secretary shall— 

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

10 applications under this part; 

11 ‘‘(B) ensure that information on the activi12 ties and results of programs and projects fund13 ed under this part is disseminated to State edu14 cational agencies, local educational agencies, in15 stitution of higher education teacher prepara16 tion programs, and other appropriate organiza17 tions, including nonprofit organizations; and 

18 ‘‘(C) evaluate the effectiveness of programs 

19 under this part in accordance with section 

20 9601, in terms of the impact on students tradi21 tionally served in separate gifted and talented 

22 programs and on other students, and submit 

23 the results of such evaluation to Congress not 

24 later than 2 years after the date of enactment 


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1 of the To Aid Gifted and High-Ability Learners 

2 by Empowering the Nation’s Teachers Act. 

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

4 shall ensure that the programs under this part are 

5 administered within the Department by a person 

6 who has recognized professional qualifications and 

7 experience in the field of gifted and talented edu8 cation. Such individual shall— 

9 ‘‘(A) administer and coordinate the pro10 grams authorized under this part; 

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

12 leadership and information on the educational 

13 needs of gifted and talented students, including 

14 high-ability students who have not been for15 mally identified for gifted education services, 

16 and the availability of educational services and 

17 programs designed to meet such needs; 

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

19 Education Sciences in identifying research and 

20 data collection priorities that reflect the needs 

21 of gifted and talented students, including high22 ability students who have not been formally 

23 identified for gifted education services, and 

24 would facilitate appropriate decisionmaking by 

25 local educational agencies; 


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

2 Department of Education and in other Federal 

3 departments or agencies regarding issues in4 volving gifted and talented education, and dis5 seminate information on gifted and talented 

6 education to such offices and the public; and 

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

8 to the Committee on Health, Education, Labor, 

9 and Pensions of the Senate and the Committee 

10 on Education and the Workforce of the House 

11 of Representatives, a report on the outcomes 

12 and promising practices developed through pro13 grams or projects funded under this part, as 

14 well as the condition of gifted and talented stu15 dents in the United States; and 

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

17 for Education Sciences and the National Re18 search and Dissemination Center for the Edu19 cation of the Gifted and Talented established 

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

21 be disseminated nationally. 

22 ‘‘SEC. 2502. AUTHORIZATION OF APPROPRIATIONS. 

23 ‘‘(a) IN GENERAL.—There are authorized to be ap24 propriated to carry out this part $25,000,000 for fiscal 


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

2 succeeding fiscal year. 

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

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

5 Secretary— 

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

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

8 and 

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

10 allocation under paragraph (1)— 

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

12 amount to carry out grants described in section 

13 2501(a)(1)(A); and 

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

15 amount to carry out grants described in section 

16 2501(a)(1)(B).’’. 

17 TITLE V—GENERAL PROVISIONS 

18 SEC. 501. DEFINITIONS. 

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

20 (1) by redesignating paragraph (43) as para21 graph (44); and 

22 (2) by inserting after paragraph (42) the fol23 lowing: 


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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: 


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‘‘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 


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