669 
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uals with disabilities through arrangements made 
with organizations such as the John F. Kennedy Cen-
ter for the Performing Arts and VSA arts; 
‘‘(8) supporting model projects or programs to 
integrate arts education into the regular elementary 
and secondary school curriculum; or 
‘‘(9) other activities that further the purposes of 
this subpart. 
‘‘(f) CONDITIONS.—As conditions of receiving assist-
ance made available under this subpart, the Secretary shall 
require each entity receiving such assistance— 
‘‘(1) to coordinate, to the extent practicable, each 
project or program carried out with such assistance 
with appropriate activities of public or private cul-
tural agencies, institutions, and organizations, in-
cluding museums, arts education associations, librar-
ies, and theaters; and 
‘‘(2) to use such assistance only to supplement 
and not to supplant any other assistance or funds 
made available from non-Federal sources for the ac-
tivities assisted under this subpart. 
‘‘(g) CONSULTATION.—In carrying out this part, the 
Secretary shall consult with Federal agencies or institu-
tions, arts educators (including professional arts education 
associations), and organizations representing the arts in-
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cluding State and local arts agencies involved in arts edu-
cation. 
‘‘(h) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this subpart 
such sums as may be necessary for each of fiscal years 2002 
through 2006. 
‘‘Subpart 3—Gifted and Talented Children 
‘‘SEC. 4161. SHORT TITLE. 
‘‘This subpart may be cited as the ‘Jacob K. Javits 
Gifted and Talented Students Education Act of 2001’. 
‘‘SEC. 4162. FINDINGS AND PURPOSE. 
‘‘(a) FINDINGS.—Congress finds the following: 
‘‘(1) While the families and communities of some 
gifted and talented students can provide private edu-
cational programs with appropriately trained staff to 
supplement public educational offerings, most gifted 
and talented students, especially those from inner cit-
ies, rural communities, or low-income families, must 
rely on the services and personnel available in public 
schools. In order to ensure that there are equal edu-
cational opportunities for all gifted and talented stu-
dents in the United States, the public schools should 
provide gifted and talented education programs car-
ried out by qualified professionals. 
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tutions of higher education or State educational agen-
cies, or a combination or consortium of such institu-
tions and agencies and other public or private agen-
cies and organizations, for the purpose of carrying 
out activities described in paragraph (1) of subsection 
(b). 
‘‘(2) DIRECTOR.—The National Center estab-
lished under paragraph (1) shall be headed by a Di-
rector. The Secretary may authorize the Director to 
carry out such functions of the National Center as 
may be agreed upon through arrangements with insti-
tutions of higher education, State or local educational 
agencies, or other public or private agencies and orga-
nizations. 
‘‘(d) LIMITATION.—Not more than 30 percent of the 
funds available in any fiscal year to carry out the programs 
and projects authorized by this section may be used to con-
duct activities pursuant to subsection (b)(1) or subsection 
(c). 
‘‘(e) COORDINATION.—Scientifically based research ac-
tivities supported under this subpart— 
‘‘(1) shall be carried out in consultation with the 
Office of Educational Research and Improvement to 
ensure that such activities are coordinated with and 
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‘‘(B) describes the purpose and overall ex-
pected results of waiving each such requirement; 
‘‘(C) describes, for each school year, specific, 
measurable, educational goals for the State edu-
cational agency and for each local educational 
agency, Indian tribe, or school that would be af-
fected by the waiver; and 
‘‘(D) explains why the waiver will assist the 
State educational agency and each affected local 
educational agency, Indian tribe, or school in 
reaching such goals. 
‘‘(2) 
ADDITIONAL
INFORMATION.—Such 
re-
quests— 
‘‘(A) may provide for waivers of require-
ments applicable to State educational agencies, 
local educational agencies, Indian tribes, and 
schools; and 
‘‘(B) shall be developed and submitted— 
‘‘(i)(I) by local educational agencies 
(on behalf of such agencies and schools) to 
State educational agencies; and 
‘‘(II) by State educational agencies (on 
behalf of, and based upon the requests of, 
local educational agencies) to the Secretary; 
or 
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‘‘(ii) by Indian tribes (on behalf of 
schools operated by such tribes) to the Sec-
retary. 
‘‘(3) GENERAL REQUIREMENTS.— 
‘‘(A) In the case of a waiver request sub-
mitted by a State educational agency acting in 
its own behalf, the State educational agency 
shall— 
‘‘(i) provide all interested local edu-
cational agencies in the State with notice 
and a reasonable opportunity to comment 
on the request; 
‘‘(ii) submit the comments to the Sec-
retary; and 
‘‘(iii) provide notice and information 
to the public regarding the waiver request 
in the manner that the applying agency 
customarily provides similar notices and 
information to the public. 
‘‘(B) In the case of a waiver request sub-
mitted by a local educational agency that re-
ceives funds under this Act— 
‘‘(i) such request shall be reviewed by 
the State educational agency and be accom-
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