[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1191 Introduced in House (IH)]
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 Representatives 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; AUTHORIZED ACTIVITIES.
``(a) Findings.--Congress makes the following findings:
``(1) Gifted and talented students give evidence of high
performance capability in specific academic fields, or in areas
such as intellectual, creative, artistic, 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 underrepresented 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
limited English proficiency, students with disabilities, and
students from diverse cultural and racial backgrounds. 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 educational offerings, most
high-ability students, especially those from inner cities,
rural communities, or low-income families, must rely on the
services and personnel provided by public schools. Therefore,
gifted education programs, provided by qualified professionals
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 regarding 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 talented 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 advanced 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 mathematics 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 challenging programming for the Nation's
gifted and talented 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 educational
agencies to award grants to local educational agencies under
section 5467C for developing or expanding gifted and talented
education programs, 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 Secretary may use such amount to award
grants to State educational agencies, from allotments under
section 5467B, to enable the State educational agencies to
award grants to local educational agencies under section 5467C
for developing or expanding gifted and talented education
programs, and providing direct educational services and
materials.
``(c) Authorized Activities.--Grant funds provided 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 described in section 5464(b)(7) may include
development of curriculum packages, compensation of distance-
learning educators, or other relevant activities, but grant
funds provided under this chapter may not be used for the
purchase or upgrading of technological 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
operated or funded by the Bureau of Indian Affairs.
``(b) State Allotments.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary shall allot the total amount made available to carry
out this chapter for any fiscal 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 satisfactory
data.
``(2) Minimum grant amount.--No State receiving an
allotment under paragraph (1) may receive 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 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 under this section 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 educational
agency shall be used for the purpose of making, in accordance
with this chapter and on a competitive basis, grants to local
educational agencies;
``(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 talented 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 ensure program
accountability and to evaluate educational effectiveness.
``(c) Approval.--To the extent funds are made available to carry
out this chapter, the Secretary shall approve 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 (including 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 distributed to local educational
agencies through a competitive process that results in an equitable
distribution by geographic 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 students 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 section shall
include--
``(1) an assurance that 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) 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 supplant, 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 describes the number of students served and the
activities supported with funds provided under this chapter. The report
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 prohibit 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 CHILDREN 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 private nonprofit elementary
schools and secondary schools, including the participation of teachers
and other personnel in professional development programs serving such
children.
``SEC. 5467H. DEFINITIONS.
``For purposes of this chapter:
``(1) Gifted and talented.--
``(A) In general.--Except as provided in
subparagraph (B), the term `gifted and talented' 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 definition 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 defines the term, and
the State educational agency 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.
``Chapter C--Authorization of Appropriations
``SEC. 5468. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this subpart
$170,000,000 for each of fiscal years 2004 through 2010, of which--
``(1) $7,500,000 shall be available for each fiscal year to
carry out chapter A; and
``(2) the remainder shall be available for each fiscal year
to carry out chapter 2.''.
SEC. 2. TECHNICAL AND CONFORMING AMENDMENTS.
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--
(1) by inserting after the subpart designation the
following:
``Chapter A--Jacob K. Javits Gifted and Talented Students Education
Program'';
(2) in section 5461 (20 U.S.C. 7253), by striking ``This
part'' and inserting ``This chapter'';
(3) by striking ``this part'' each place the term appears
and inserting ``this chapter''; and
(4) in section 5464 (20 U.S.C. 7253c)--
(A) by striking subsection (c); and
(B) by redesignating subsections (d) and (e) as
subsections (c) and (d), respectively.
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