agency expends for the education of, and 
related services for, gifted and talented 
students. 
‘‘SEC. 2506. ANNUAL REPORTING. 
‘‘Beginning 1 year after the date of enactment of the 
Jacob K. Javits Gifted and Talented Students Education 
Act and for each year thereafter, each entity receiving a 
grant or subgrant under this part shall submit an annual 
report to the Secretary that describes the number of stu-
dents served and the activities supported with funds pro-
vided under this part. The report shall include a descrip-
tion of the measures taken to comply with the required 
uses of funds described in section 2504(b). 
‘‘SEC. 2507. CONSTRUCTION. 
‘‘Nothing in this part shall be construed to prohibit 
a recipient of funds under this part from serving gifted 
and talented students simultaneously with students with 
similar educational needs, in the same educational settings 
where appropriate. 
‘‘SEC. 2508. PROGRAM PRIORITIES. 
‘‘(a) GENERAL PRIORITY.—In carrying out this part, 
the Secretary shall give highest priority to programs and 
projects designed to develop new information that— 
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‘‘(1) improves the capability of schools to plan, 
conduct, and improve programs to identify and serve 
gifted and talented students; and 
‘‘(2) assists schools in the identification of, and 
provision of services to, gifted and talented students 
(including economically disadvantaged individuals, 
individuals with limited English proficiency, and in-
dividuals with disabilities) who may not be identified 
and served through traditional assessment methods. 
‘‘(b) SERVICE PRIORITY.—The Secretary shall ensure 
that not less than 50 percent of the applications approved 
under this part in a fiscal year address the priority de-
scribed in subsection (a)(2) of this section. 
‘‘SEC. 2509. GENERAL PROVISIONS. 
‘‘(a) REVIEW, DISSEMINATION, AND EVALUATION.— 
The Secretary shall— 
‘‘(1) use a peer review process in reviewing ap-
plications under this part; 
‘‘(2) ensure that information on the activities 
and results of programs and projects funded under 
this part is disseminated to appropriate State edu-
cational agencies, local educational agencies, and 
other appropriate organizations, including nonprofit 
private organizations; and 
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‘‘(3) evaluate the effectiveness of programs 
under this part in accordance with section 9601, in 
terms of the impact on students traditionally served 
in separate gifted and talented programs and on 
other students, and submit the results of such eval-
uation to Congress not later than 2 years after the 
date of enactment of this part. 
‘‘(b) PROGRAM OPERATIONS.—The Secretary shall 
ensure that the programs under this part are administered 
within the Department by a person who has recognized 
professional qualifications and experience in the field of 
the education of gifted and talented students and who 
shall— 
‘‘(1) administer and coordinate the programs 
authorized under this part; 
‘‘(2) serve as a focal point of national leader-
ship and information on the educational needs of 
gifted and talented students and the availability of 
educational services and programs designed to meet 
such needs; 
‘‘(3) assist the Director of the Institute of Edu-
cation Science in identifying research priorities that 
reflect the needs of gifted and talented students; 
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‘‘(4) consult on and disseminate the information 
to other offices within the Department and to the 
public; and 
‘‘(5) every 3 years, based on the annual reports 
received under section 2506, prepare and submit to 
the Committee on Education and Labor of the 
House of Representatives and the Committee on 
Health, Education, Labor, Pensions of the Senate a 
report on the program outcomes of the programs 
funded under this part, and the promising practices 
developed through programs or projects funded 
under this part. 
‘‘SEC. 2510. AUTHORIZATION OF APPROPRIATIONS. 
‘‘(a) IN GENERAL.—There are authorized to be ap-
propriated to the Secretary $100,000,000 to carry out this 
part for fiscal year 2010 and such sums as may be nec-
essary for each fiscal year thereafter. 
‘‘(b) ALLOCATION OF FUNDING.—Of the amounts 
appropriated under subsection (a), the Secretary shall al-
locate— 
‘‘(1) up to $7,500,000 to carry out section 
2504(c); 
‘‘(2) any amount in excess of $7,500,000, but 
not more than $92,500,000, to carry out the re-
mainder of section 2504; and 
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‘‘(3) any amount in excess of $100,000,000 to 
carry out section 2505. 
‘‘SEC. 2511. DEFINITIONS. 
‘‘For purposes of this part: 
‘‘(1) GIFTED AND TALENTED.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘gifted and tal-
ented’ when used with respect to a person or 
program— 
‘‘(i) has the meaning given the term 
under applicable State law; or 
‘‘(ii) in the case of a State that does 
not have a State law defining the term, 
has the meaning given such term by defini-
tion of the State educational agency or 
local educational agency involved. 
‘‘(B) SPECIAL
RULE.—In the case of a 
State that does not have a State law that de-
fines the term, and the State educational agen-
cy or local educational agency has not defined 
the term, the term has the meaning given the 
term in section 9101. 
‘‘(2) STATE.—The term ‘State’ means each of 
the 50 States, the District of Columbia, and the 
Commonwealth of Puerto Rico.’’. 
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SEC. 3. CONFORMING AMENDMENT. 
Part D of title V of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7241 et seq.) is amend-
ed— 
(1) by striking subpart 6; and 
(2) by redesignating subpart 7 through subpart 
21 as subpart 6 through subpart 20, respectively. 
Æ 
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