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such agency may, not later than 60 days after notice
of such action, file with the United States court of
appeals for the circuit in which such State is located
a petition for review of that action. A copy of the
petition shall be transmitted by the clerk of the
court to the Secretary. The Secretary thereupon
shall file in the court the record of the proceedings
on which the Secretary based this action, as pro-
vided in section 2112 of title 28, United States
Code.
‘‘(3) REMAND TO SECRETARY.—The findings of
fact by the Secretary, if supported by substantial
evidence, shall be conclusive; but the court, for good
cause shown, may remand the case to the Secretary
to take further evidence and the Secretary may
make new or modified findings of fact and may mod-
ify the Secretary’s previous action, and shall file in
the court the record of the further proceedings. Such
new or modified findings of fact shall likewise be
conclusive if supported by substantial evidence.
‘‘(4) COURT REVIEW.—Upon the filing of such
petition, the court shall have jurisdiction to affirm
the action of the Secretary or to set such action
aside, in whole or in part. The judgment of the court
shall be subject to review by the Supreme Court of
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the United States upon certiorari or certification as
provided in section 1254 of title 28, United States
Code.
‘‘(i) PRIOR DETERMINATION.—Any bypass deter-
mination by the Secretary under chapter 2 of title I of
this Act (as such chapter was in effect on the day pre-
ceding the date of enactment of the Improving America’s
Schools Act of 1994) shall, to the extent consistent with
the purposes of this title, apply to programs under this
title.
‘‘SEC. 4143. FEDERAL ADMINISTRATION.
‘‘(a) TECHNICAL ASSISTANCE.—The Secretary, upon
request, shall provide technical assistance to States and
local educational agencies under this subpart.
‘‘(b) RULEMAKING.—The Secretary shall issue regu-
lations under this subpart only to the extent that such
regulations are necessary to ensure that there is compli-
ance with the specific requirements and assurances re-
quired by this subpart.
‘‘(c) AVAILABILITY OF APPROPRIATIONS.—Notwith-
standing any other provision of law, unless expressly in
limitation of this subsection, funds appropriated in any
fiscal year to carry out activities under this subpart shall
become available for obligation on July 1 of such fiscal
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year and shall remain available for obligation until the end
of the subsequent fiscal year.
‘‘SEC. 4144. DEFINITIONS.
‘‘In this subpart, the following definitions apply:
‘‘(1) SCHOOL-AGE
POPULATION.—The term
‘school-age population’ means the population aged 5
through 17.
‘‘(2) STATE.—The term ‘State’ means each of
the 50 States, the District of Columbia, and the
Commonwealth of Puerto Rico.
‘‘SEC. 4145. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this subpart $450,000,000 for fiscal year 2002 and such
sums as may be necessary for each of fiscal years 2003
through 2006.
‘‘Subpart 2—Arts Education
‘‘SEC. 4151. ASSISTANCE FOR ARTS EDUCATION.
‘‘(a) FINDINGS.—The Congress finds that—
‘‘(1) every student can benefit from an edu-
cation in the arts;
‘‘(2) a growing body of research indicates that
education in the arts may provide cognitive benefits
and bolster academic achievement, beginning at an
early age and continuing through secondary school;
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‘‘(3) qualified arts teachers and a sequential
curriculum are the basis and core for substantive
arts education for students;
‘‘(4) the arts should be taught according to rig-
orous academic standards under arts education pro-
grams that provide mechanisms under which edu-
cators are accountable to parents, school officials,
and the community;
‘‘(5) opportunities to participate in the arts
have enabled individuals with disabilities of all ages
to participate more fully in school and community
activities; and
‘‘(6) arts education is a valuable part of the ele-
mentary and secondary school curriculum.
‘‘(b) PURPOSES.—The purposes of this subpart are
to—
‘‘(1) support systemic education reform by
strengthening arts education as an integral part of
the elementary and secondary school curriculum;
and
‘‘(2) help ensure that all students meet chal-
lenging State academic content standards and chal-
lenging State student academic achievement stand-
ards in the arts.
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‘‘(c) AUTHORITY.—In accordance with this subpart,
the Secretary may make grants to, or enter into contracts
or cooperative agreements with, eligible entities described
in subsection (d).
‘‘(d) ELIGIBLE ENTITIES.—The Secretary may make
assistance available under subsection (c) to each of the
following entities:
‘‘(1) States.
‘‘(2) Local educational agencies.
‘‘(3) Institutions of higher education.
‘‘(4) Museums or other cultural institutions.
‘‘(5) Any other public or private agencies, insti-
tutions, and organizations.
‘‘(e) USE
OF FUNDS.—Assistance made available
under this subpart may be used only for—
‘‘(1) research on arts education;
‘‘(2) planning, developing, acquiring, expanding,
improving, or disseminating model school-based arts
education programs;
‘‘(3) the development of model State arts edu-
cation assessments based on State academic stand-
ards;
‘‘(4) the development and implementation of
curriculum frameworks for arts education;
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‘‘(5) the development of model inservice profes-
sional development programs for arts educators and
other instructional staff;
‘‘(6) supporting collaborative activities with
Federal agencies or institutions, arts educators, and
organizations representing the arts, including State
and local arts agencies involved in arts education;
‘‘(7) supporting model projects or programs in
the performing arts for children and youth or pro-
grams which assure the participation in mainstream
settings in arts and education programs of individ-
uals with disabilities through arrangements made
with organizations such as the John F. Kennedy
Center 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 assist-
ance with appropriate activities of public or private
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cultural 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-
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 pri-
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vate 
educational 
programs 
with 
appropriately
trained staff to supplement public educational offer-
ings, most gifted and talented students, especially
those from inner cities, rural communities, or low-in-
come families, must rely on the services and per-
sonnel available in public schools. In order to ensure
that there are equal educational opportunities for all
gifted and talented students in the United States,
the public schools should provide gifted and talented
education programs carried out by qualified profes-
sionals.
‘‘(2) Due to the wide dispersal of students who
are gifted and talented and the national interest in
a well-educated populace, it is the Federal Govern-
ment that can most effectively and appropriately
conduct scientifically based research and develop-
ment to ensure that there is a national capacity to
educate students who are gifted and talented in the
21st century.
‘‘(3) Many State and local educational agencies
lack the specialized resources and trained personnel
necessary to consistently plan and implement effec-
tive programs for the identification of gifted and tal-
ented students and for the provision of educational
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services and programs appropriate for the needs of
such students.
‘‘(4) Because gifted and talented students are
generally more advanced academically, are generally
able to learn more quickly, and generally study in
more depth and complexity than others their age,
they require educational opportunities and experi-
ences that are different from those usually available
to other students.
‘‘(5) A typical elementary school student who is
academically gifted and talented has already mas-
tered 35 to 50 percent of the content to be learned
in several subjects in any school year before that
year begins. Without an advanced and challenging
curriculum, such a student may lose motivation and
develop poor study habits that are difficult to break.
‘‘(6) Classes in elementary and secondary
schools in the United States consist of students with
a wide variety of traits, characteristics, and needs.
Although most teachers receive some training to
meet the needs of students with limited English pro-
ficiency, students with disabilities, and students
from diverse cultural and racial backgrounds, few re-
ceive training to meet the needs of students who are
gifted and talented.
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‘‘(b) PURPOSE.—The purpose of this subpart is to
initiate a coordinated program of scientifically based re-
search, demonstration projects, innovative strategies, and
similar activities designed to build and enhance the ability
of elementary and secondary schools nationwide to meet
the special educational needs of gifted and talented stu-
dents.
‘‘SEC. 4163. RULE OF CONSTRUCTION.
Nothing in this subpart shall be construed to prohibit
a recipient of funds under this subpart from serving gifted
and talented students simultaneously with students with
similar educational needs, in the same educational settings
where appropriate.
‘‘SEC. 4164. AUTHORIZED PROGRAMS.
‘‘(a) ESTABLISHMENT OF PROGRAM.—
‘‘(1) IN GENERAL.—From the sums available to
carry out this subpart in any fiscal year, the Sec-
retary (after consultation with experts in the field of
the education of gifted and talented students) shall
make grants to, or enter into contracts with, State
educational agencies, local educational agencies, in-
stitutions of higher education, other public agencies,
and other private agencies and organizations (includ-
ing Indian tribes and Indian organizations (as such
terms are defined in section 4 of the Indian Self-De-
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termination and Education Assistance Act (25
U.S.C. 450b)) and Native Hawaiian organizations)
to assist such agencies, institutions, and organiza-
tions in carrying out programs or projects author-
ized by this subpart that are designed to meet the
educational needs of gifted and talented students, in-
cluding the training of personnel in the education of
gifted and talented students and in the use, where
appropriate, of gifted and talented services, mate-
rials, and methods for all students.
‘‘(2) APPLICATION.—
‘‘(A) IN
GENERAL.—Each entity seeking
assistance under this subpart shall submit 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 sub-
mitted under this paragraph shall describe
how—
‘‘(i) the proposed gifted and talented
services, materials, and methods can be
adapted, if appropriate, for use by all stu-
dents; and
‘‘(ii) the proposed programs can be
evaluated.
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‘‘(b) USE OF FUNDS.—Programs and projects as-
sisted under this section may include each of the following:
‘‘(1) Conducting—
‘‘(A) scientifically based research on meth-
ods and techniques for identifying and teaching
gifted and talented students, and for using gift-
ed and talented programs and methods to serve
all students; and
‘‘(B) program evaluations, surveys, and the
collection, analysis, and development of infor-
mation needed to accomplish the purpose of this
subpart.
‘‘(2) Professional development (including fellow-
ships) for personnel (including leadership personnel)
involved in the education of gifted and talented stu-
dents.
‘‘(3) Establishment and operation of model
projects and exemplary programs for serving gifted
and talented students, including innovative methods
for identifying and educating students who may not
be served by traditional gifted and talented pro-
grams, including summer programs, mentoring pro-
grams, service learning programs, and cooperative
programs involving business, industry, and edu-
cation.
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‘‘(4) Implementing innovative strategies, such
as cooperative learning, peer tutoring, and service
learning.
‘‘(5) Programs of technical assistance and in-
formation dissemination, including assistance and
information with respect to how gifted and talented
programs and methods, where appropriate, may be
adapted for use by all students.
‘‘(c) ESTABLISHMENT OF NATIONAL CENTER.—
‘‘(1) IN GENERAL.—The Secretary (after con-
sultation with experts in the field of the education
of gifted and talented students) shall establish a Na-
tional Center for Research and Development in the
Education of Gifted and Talented Children and
Youth through grants to or contracts with one or
more institutions of higher education or State edu-
cational agencies, or a combination or consortium of
such institutions and agencies and other public or
private agencies 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
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may be agreed upon through arrangements with in-
stitutions of higher education, State or local edu-
cational agencies, or other public or private agencies
and organizations.
‘‘(d) LIMITATION.—Not more than 30 percent of the
funds available in any fiscal year to carry out the pro-
grams and projects authorized by this section may be used
to conduct activities pursuant to subsection (b)(1) or sub-
section (c).
‘‘(e) COORDINATION.—Scientifically based research
activities supported under this subpart—
‘‘(1) shall be carried out in consultation with
the Office of Educational Research and Improve-
ment to ensure that such activities are coordinated
with and enhance the research and development ac-
tivities supported by such Office; and
‘‘(2) may include collaborative scientifically
based research activities which are jointly funded
and carried out with such Office.
‘‘SEC. 4165. PROGRAM PRIORITIES.
‘‘(a) GENERAL PRIORITY.—In carrying out this sub-
part, the Secretary shall give highest priority to programs
and projects designed to develop new information that—
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‘‘(c) PEER REVIEW.—The Secretary, and each State
educational agency receiving a grant under this part, shall
use a peer review process to review applications for assist-
ance under this part.
‘‘(d) DIVERSITY OF PROJECTS.—The Secretary and
each State educational agency receiving a grant under this
part, shall award subgrants under this part in a manner
that, to the extent possible, ensures that such grants and
subgrants—
‘‘(1) are distributed throughout different areas
of the Nation and each State, including urban and
rural areas; and
‘‘(2) will assist charter schools representing a
variety of educational approaches, such as ap-
proaches designed to reduce school size.
‘‘(e) WAIVERS.—The Secretary may waive any statu-
tory or regulatory requirement over which the Secretary
exercises administrative authority except any such require-
ment relating to the elements of a charter school described
in section 4210(1), if—
‘‘(1) the waiver is requested in an approved ap-
plication under this part; and
‘‘(2) the Secretary determines that granting
such a waiver will promote the purpose of this part.
‘‘(f) USE OF FUNDS.—