I 
108TH CONGRESS 
1ST SESSION H. R. 1191
To provide a grant program for gifted and talented students, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 11, 2003
Mr. GALLEGLY introduced the following bill; which was referred to the 
Committee on Education and the Workforce 
A BILL 
To provide a grant program for gifted and talented students, 
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. GRANT PROGRAM FOR GIFTED AND TALENTED 
STUDENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Gifted and Talented Students Education Act of 2003’’. 
(b) AMENDMENT.—Subpart 6 of part D of title V of 
the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 7253 et seq.) is amended by adding at the end 
the following:
‘‘Chapter B—Grant Program For Gifted and Talented 
Students 
‘‘SEC. 5467. FINDINGS; ESTABLISHMENT OF PROGRAM; AU-
THORIZED ACTIVITIES. 
‘‘(a) FINDINGS.—Congress makes the following find-
ings: 
‘‘(1) Gifted and talented students give evidence 
of high performance capability in specific academic 
fields, or in areas such as intellectual, creative, artis-
tic, or leadership capacity, and require services or 
activities not ordinarily provided by a school in order 
to fully develop such capabilities. Gifted and talented 
students are from all cultural, racial, and ethnic 
backgrounds, and socioeconomic groups. Some such 
students have disabilities and for some, English is 
not their first language. Many students from such 
diverse backgrounds have been historically underrep-
resented in gifted education programs. 
‘‘(2) Elementary school students who are gifted 
and talented have already mastered 35 to 50 percent 
of the material covered in a school year in several 
subject areas before the school year begins. 
‘‘(3) Elementary school and secondary school 
teachers have students in their classrooms with a 
wide variety of traits, characteristics, and needs. 
Most teachers receive some training to meet the
needs of these students, such as students with lim-
ited English proficiency, students with disabilities, 
and students from diverse cultural and racial back-
grounds. However, most teachers do not receive 
training on meeting the needs of students who are 
gifted and talented. 
‘‘(4) While the families or communities of some 
gifted students can provide private programs with 
appropriately trained staff to supplement public edu-
cational offerings, most high-ability students, espe-
cially those from inner cities, rural communities, or 
low-income families, must rely on the services and 
personnel provided by public schools. Therefore, gift-
ed education programs, provided by qualified profes-
sionals in the public schools, are needed to provide 
equal educational opportunities. 
‘‘(5) Parents and families are essential partners 
to schools in developing appropriate educational 
services for gifted and talented students. They need 
access to information, research, and support regard-
ing the characteristics of gifted children and their 
educational, and social and emotional needs, as well 
as information on available strategies and resources 
for education in State and local communities.
‘‘(6) There currently is no Federal requirement 
to identify or serve the Nation’s approximately 
3,000,000 gifted and talented students. 
‘‘(7) While some States and local educational 
agencies allocate resources to educate gifted and tal-
ented students, others do not. Additionally, State 
laws, and State and local funding, identification, and 
accountability mechanisms vary widely, resulting in 
a vast disparity of services for this special-needs 
population. 
‘‘(8) To meet the future economic and national 
security needs of the United States, it is important 
that more students achieve to higher levels, and that 
highly capable students receive an education that 
prepares them to perform the most highly innovative 
and creative work that is necessary to secure our 
Nation’s position in the world. 
‘‘(9) The performance of twelfth-grade ad-
vanced students in the United States on the Third 
International 
Mathematics 
and 
Science 
Study
(TIMSS) was among the lowest in the world. In 
each of 5 physics content areas in the study and 
in each of 3 mathematics content areas in the study, 
the performance of physics and advanced mathe-
matics students in the United States was among the 
lowest of the participating countries. 
‘‘(10) In 1990, fewer than 2 cents out of every 
$100 spent on elementary and secondary education 
in the United States was devoted to providing chal-
lenging programming for the Nation’s gifted and tal-
ented students. 
‘‘(b) PROGRAM AUTHORIZED.—
‘‘(1) COMPETITIVE GRANTS TO STATES.—If the 
amount appropriated under section 5468 for a fiscal 
year is greater than $7,500,000 but less than 
$57,500,000, then the Secretary may use such 
amount to award grants, on a competitive basis, to 
State educational agencies to enable the State edu-
cational agencies to award grants to local edu-
cational agencies under section 5467C for developing 
or expanding gifted and talented education pro-
grams, and providing direct educational services and 
materials. 
‘‘(2) FORMULA
GRANTS
TO
STATES.—If the 
amount appropriated under section 5468 for a fiscal 
year equals or exceeds $57,500,000, then the Sec-
retary may use such amount to award grants to 
State educational agencies, from allotments under 
section 5467B, to enable the State educational agen-
cies to award grants to local educational agencies 
under section 5467C for developing or expanding 
gifted and talented education programs, and pro-
viding direct educational services and materials. 
‘‘(c) AUTHORIZED ACTIVITIES.—Grant funds pro-
vided under this chapter shall be used to carry out 1 or 
more of the following activities: 
‘‘(1) Any activity described in paragraph (2), 
(4), (6), or (7) of section 5464(b). 
‘‘(2) Providing direct educational services and 
materials to gifted and talented students, which may 
include curriculum compacting, modified or adapted 
curriculum, acceleration, independent study, and 
dual enrollment. 
‘‘(d) LIMITATIONS ON USE OF FUNDS.—
‘‘(1) COURSE
WORK
PROVIDED
THROUGH 
EMERGING TECHNOLOGIES.—Grant funds provided 
under this chapter that are used for activities de-
scribed in section 5464(b)(7) may include develop-
ment of curriculum packages, compensation of dis-
tance-learning educators, or other relevant activities, 
but grant funds provided under this chapter may not 
be used for the purchase or upgrading of techno-
logical hardware. 
‘‘(2) STATE USE OF FUNDS.—
‘‘(A) IN
GENERAL.—A State educational 
agency receiving a grant under this chapter 
may not use more than 10 percent of the grant 
funds for—
‘‘(i) dissemination of general program 
information; 
‘‘(ii) providing technical assistance 
under this chapter; 
‘‘(iii) monitoring and evaluation of 
programs and activities assisted under this 
chapter; 
‘‘(iv) providing support for parental 
education; or 
‘‘(v) creating a State gifted education 
advisory board. 
‘‘(B) ADMINISTRATIVE
COSTS.—A State 
educational agency may use not more than 50 
percent of the funds made available to the State 
educational agency under subparagraph (A) for 
administrative costs. 
‘‘SEC. 5467A. ALLOTMENTS TO STATES. 
‘‘(a) RESERVATION OF FUNDS.—From the amount 
made available to carry out this chapter for any fiscal 
year, the Secretary shall reserve 1⁄2 of 1 percent for the 
Secretary of the Interior for programs under this chapter
for teachers, other staff, and administrators in schools op-
erated or funded by the Bureau of Indian Affairs. 
‘‘(b) STATE ALLOTMENTS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary shall allot the total amount 
made available to carry out this chapter for any fis-
cal year and not reserved under subsection (a) to the 
States on the basis of their relative populations of 
individuals aged 5 through 17, as determined by the 
Secretary on the basis of the most recent satisfac-
tory data. 
‘‘(2) MINIMUM GRANT AMOUNT.—No State re-
ceiving an allotment under paragraph (1) may re-
ceive less than 1⁄2 of 1 percent of the total amount 
allotted under such paragraph. 
‘‘(c) REALLOTMENT.—If any State does not apply for 
an allotment under this section for any fiscal year, then 
the Secretary shall reallot such amount to the remaining 
States in accordance with this section. 
‘‘SEC. 5467B. STATE APPLICATION. 
‘‘(a) IN GENERAL.—To be eligible to receive a grant 
under this chapter, a State educational agency shall sub-
mit an application to the Secretary at such time, in such 
manner, and containing such information as the Secretary 
may reasonably require.
‘‘(b) CONTENTS.—Each application under this sec-
tion shall include assurances that—
‘‘(1) the funds received under this chapter will 
be used to identify and support gifted and talented 
students, including gifted and talented students 
from all economic, ethnic, and racial backgrounds, 
such students of limited English proficiency, and 
such students with disabilities; 
‘‘(2) the funds not retained by the State edu-
cational agency shall be used for the purpose of 
making, in accordance with this chapter and on a 
competitive basis, grants to local educational agen-
cies; 
‘‘(3) the funds received under this chapter shall 
be used only to supplement, but not supplant, the 
amount of State and local funds expended for the 
education of, and related services for, gifted and tal-
ented students; 
‘‘(4) the State educational agency will provide 
matching funds for the activities to be assisted
under this chapter in an amount equal to not less 
than 10 percent of the grant funds to be received, 
which matching funds may be provided in cash or 
in kind; and
‘‘(5) the State educational agency shall develop 
and implement program assessment models to en-
sure program accountability and to evaluate edu-
cational effectiveness. 
‘‘(c) APPROVAL.—To the extent funds are made 
available to carry out this chapter, the Secretary shall ap-
prove an application of a State if such application meets 
the requirements of this section. 
‘‘SEC. 5467C. DISTRIBUTION TO LOCAL EDUCATIONAL 
AGENCIES. 
‘‘(a) GRANT COMPETITION.—A State educational 
agency shall use not less than 90 percent of the funds 
made available to the State educational agency under this 
chapter to award grants to local educational agencies (in-
cluding consortia of local educational agencies) to enable 
the local educational agencies to carry out the authorized 
activities described in section 5467(c). 
‘‘(b) COMPETITIVE PROCESS.—Funds provided under 
this chapter to local educational agencies shall be distrib-
uted to local educational agencies through a competitive 
process that results in an equitable distribution by geo-
graphic area within the State. 
‘‘(c) SIZE OF GRANT.—A State educational agency 
shall award a grant under subsection (a) for any fiscal
year in an amount sufficient to meet the needs of the stu-
dents to be served under the grant. 
‘‘SEC. 5467D. LOCAL APPLICATIONS. 
‘‘(a) APPLICATION.—To be eligible to receive a grant 
under this chapter, a local educational agency (including 
a consortium of local educational agencies) shall submit 
an application to the State educational agency. 
‘‘(b) CONTENTS.—Each application under this sec-
tion shall include—
‘‘(1) an assurance that the funds received under 
this chapter will be used to identify and support gift-
ed and talented students, including gifted and tal-
ented students from all economic, ethnic, and racial 
backgrounds, such students of limited English pro-
ficiency, and such students with disabilities; 
‘‘(2) a description of how the local educational 
agency will meet the educational needs of gifted and 
talented students, including the training of personnel 
in the education of gifted and talented students; and 
‘‘(3) an assurance that funds received under 
this chapter will be used to supplement, not sup-
plant, the amount of funds the local educational 
agency expends for the education of, and related 
services for, gifted and talented students.
‘‘SEC. 5467E. ANNUAL REPORTING. 
‘‘Beginning 1 year after the date of enactment of the 
Gifted and Talented Students Education Act of 2003 and 
for each year thereafter, the State educational agency 
shall submit an annual report to the Secretary that de-
scribes the number of students served and the activities 
supported with funds provided under this chapter. The re-
port shall include a description of the measures taken to 
comply with paragraphs (1) and (4) of section 5467B(b). 
‘‘SEC. 5467F. CONSTRUCTION. 
‘‘Nothing in this chapter shall be construed to pro-
hibit a recipient of funds under this chapter from serving 
gifted and talented students simultaneously with students 
with similar educational needs, in the same educational 
settings where appropriate. 
‘‘SEC. 5467G. PARTICIPATION OF PRIVATE SCHOOL CHIL-
DREN AND TEACHERS. 
‘‘In making grants under this chapter, the Secretary 
shall ensure, where appropriate, that provision is made for 
the equitable participation of students and teachers in pri-
vate nonprofit elementary schools and secondary schools, 
including the participation of teachers and other personnel 
in professional development programs serving such chil-
dren. 
‘‘SEC. 5467H. DEFINITIONS. 
‘‘For purposes of this chapter: