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H.R.2
Student Results Act of 1999 (Referred in Senate)
SEC. 501. AMENDMENT TO ESEA
RELATING TO GIFTED AND TALENTED CHILDREN.
Part B of title X of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 8031 et seq.) is amended to read as follows:
`PART B--GIFTED AND TALENTED CHILDREN
`SEC. 10201. SHORT TITLE.
`This part may be cited as the `Jacob K. Javits Gifted and Talented
Students Education Act of 1999'.
`SEC. 10202. FINDINGS.
`The Congress finds the following:
`(1) 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.
`(2) Due to the wide dispersal of students who are gifted and talented
and the national interest in a well-educated populace, the Federal
Government can most effectively and appropriately conduct scientifically
based research and development to provide an infrastructure and to ensure
that there is a national capacity to educate students who are gifted and
talented to meet the needs of the 21st century.
`(3) State and local educational agencies often lack the specialized
resources and trained personnel to consistently plan and implement effective
programs for the identification of gifted and talented students and for the
provision of educational services and programs appropriate for their
needs.
`(4) Because gifted and talented students generally are more advanced
academically, are able to learn more quickly, and study in more depth and
complexity than others their age, their educational needs require
opportunities and experiences that are different from those generally
available in regular education programs.
`(5) Typical elementary school students who are academically gifted and
talented already have mastered 35 to 50 percent of the school year's content
in several subject areas before the year begins. Without an advanced and
challenging curriculum, they often lose their motivation and develop poor
study habits that are difficult to break.
`(6) Elementary and secondary 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.
`SEC. 10203. CONDITIONS ON EFFECTIVENESS OF SUBPARTS 1 AND 2.
`(a) SUBPART 1- Subpart 1 shall be in effect only for a fiscal year for
which subpart 2 is not in effect.
`(1) IN GENERAL- Subpart 2 shall be in effect only for--
`(A) the first fiscal year for which the amount appropriated to carry
out this part equals or exceeds $50,000,000; and
`(B) all succeeding fiscal years.
`(2) CONTINUATION OF AWARDS- Notwithstanding any other provision of this
part, a State receiving a grant under subpart 2--
`(A) shall give special consideration to a request for the
continuation of an award within the State, made by any public or private
agency, institution, or organization that was awarded a grant or contract
under subpart 1 for a fiscal year for which such subpart was in effect;
and
`(B) may use funds received under such grant for the purpose of
permitting the agency, institution, or organization to continue to receive
funds in accordance with the terms of such award until the date on which
the award period terminates under such terms.
`Subpart 1--Discretionary Grant Program
`SEC. 10211. PURPOSE.
`The purpose of this subpart is to initiate a coordinated program of
scientifically based research, demonstration projects, innovative strategies,
and similar activities designed to build a nationwide capability in elementary
and secondary schools to meet the special educational needs of gifted and
talented students.
`SEC. 10212. GRANTS TO MEET EDUCATIONAL NEEDS OF GIFTED AND TALENTED
STUDENTS.
`(a) ESTABLISHMENT OF PROGRAM-
`(1) IN GENERAL- Subject to section 10203, from the sums available to
carry out this subpart in any fiscal year, the Secretary (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, institutions of higher education,
other public agencies, and other private agencies and organizations
(including Indian tribes and Indian organizations (as such terms are defined
in section 4 of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b)) and Native Hawaiian organizations) to assist such
agencies, institutions, and organizations in carrying out programs or
projects authorized by this subpart that are designed to meet the
educational needs of gifted and talented students, including the training of
personnel in the education of gifted and talented students and in the use,
where appropriate, of gifted and talented services, materials, and methods
for all students.
`(2) APPLICATION- Each entity desiring 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.
Each such application shall describe how--
`(A) the proposed gifted and talented services, materials, and methods
can be adapted, if appropriate, for use by all students; and
`(B) the proposed programs can be evaluated.
`(b) USES OF FUNDS- Programs and projects assisted under this subpart may
include the following:
`(A) scientifically based research on methods and techniques for
identifying and teaching gifted and talented students, and for using
gifted and talented programs and methods to serve all students;
and
`(B) program evaluations, surveys, and the collection, analysis, and
development of information needed to accomplish the purpose of this
subpart.
`(2) Professional development (including fellowships) for personnel
(including leadership personnel) involved in the education of gifted and
talented students.
`(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 programs, including summer programs,
mentoring programs, service learning programs, and cooperative programs
involving business, industry, and education.
`(4) Implementing innovative strategies, such as cooperative learning,
peer tutoring and service learning.
`(5) Programs of technical assistance and information 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) COORDINATION- Scientifically based research activities 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 enhance the research and development activities supported by such
Office; and
`(2) may include collaborative scientifically based research activities
which are jointly funded and carried out with such Office.
`SEC. 10213. PROGRAM PRIORITIES.
`(a) GENERAL PRIORITY- In the administration of this subpart, the
Secretary shall give highest priority to programs and projects designed to
develop new information that--
`(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 who may not be identified and served
through traditional assessment methods (including economically disadvantaged
individuals, individuals of limited English proficiency, and individuals
with disabilities).
`(b) SERVICE PRIORITY- In approving applications for assistance under
section 10212(a)(2), the Secretary shall ensure that in each fiscal year at
least one-half of the applications approved under such section address the
priority described in subsection (a)(2).
`(c) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES FOR AUTHORIZED ACTIVITIES-
`(1) IN GENERAL- For fiscal year 2001 and succeeding fiscal years, the
Secretary shall ensure that a percentage of the excess amount described in
paragraph (2) is used to increase (in proportion to any increases in such
excess amounts) the number and size of the grants under this subpart to
State educational agencies to begin implementing activities described in
section 10222(b) through competitive subgrants to local educational
agencies.
`(2) EXCESS AMOUNT- For purposes of paragraph (1), the excess amount
described in this paragraph is, for fiscal year 2001 and succeeding fiscal
years, the amount (if any) by which the funds appropriated to carry out this
subpart for the year exceed such funds for fiscal year 2000.
`SEC. 10214. GENERAL PROVISIONS FOR SUBPART.
`(a) REVIEW, DISSEMINATION, AND EVALUATION- The Secretary--
`(1) shall use a peer review process in reviewing applications under
this subpart;
`(2) shall ensure that information on the activities and results of
programs and projects funded under this subpart is disseminated to
appropriate State and local educational agencies and other appropriate
organizations, including nonprofit private organizations; and
`(3) shall evaluate the effectiveness of programs under this subpart in
accordance with section 14701, both 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 evaluation to the Congress not
later than 2 years after the date of the enactment of the Student Results
Act of 1999.
`(b) PROGRAM OPERATIONS- The Secretary shall ensure that the programs
under this subpart 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--
`(1) shall administer and coordinate the programs authorized under this
subpart;
`(2) shall serve as a focal point of national leadership and information
on the educational needs of gifted and talented students and the
availability of educational services and programs designed to meet such
needs; and
`(3) shall assist the Assistant Secretary of the Office of Educational
Research and Improvement in identifying research priorities which reflect
the needs of gifted and talented students.
`Subpart 2--Formula Grant Program
`SEC. 10221. PURPOSE.
`The purpose of this subpart is to provide grants to States to support
programs, teacher preparation, and other services designed to meet the needs
of the Nation's gifted and talented students in elementary and secondary
schools.
`SEC. 10222. ESTABLISHMENT OF PROGRAM; USE OF FUNDS.
`(a) IN GENERAL- In the case of each State that in accordance with section
10224 submits to the Secretary an application for a fiscal year, subject to
section 10203, the Secretary shall make a grant for the year to the State for
the uses specified in subsection (b). The grant shall consist of the allotment
determined for the State under section 10223.
`(b) AUTHORIZED ACTIVITIES- Each State receiving a grant under this
subpart shall use the funds provided under the grant to assist local
educational agencies to develop or expand gifted and talented education
programs through one or more of the following activities:
`(1) Development and implementation of programs to address State and
local needs for in-service training programs for general educators,
specialists in gifted and talented education, administrators, or other
personnel at the elementary and secondary levels.
`(2) Making materials and services available through State regional
educational service centers, institutions of higher education, or other
entities.
`(3) Supporting innovative approaches and curricula used by local
educational agencies (or consortia of such agencies) or schools or
(consortia of schools).
`(4) Providing funds for challenging, high-level course work,
disseminated through new and emerging technologies (including distance
learning), for individual students or groups of students in schools and
local educational agencies that do not have the resources otherwise to
provide such course work.
`(c) COMPETITIVE PROCESS- A State receiving a grant under this subpart
shall distribute at least 95 percent of the amount of the grant to local
educational agencies through a competitive process that results in an
equitable distribution by geographic area within the State.
`(d) LIMITATIONS ON USE OF FUNDS-
`(1) COURSE WORK PROVIDED THROUGH EMERGING TECHNOLOGIES- Activities
under subsection (b)(4) may include development of curriculum packages,
compensation of distance-learning educators, or other relevant activities,
but funds provided under this subpart may not be used for the purchase or
upgrading of technological hardware.
`(2) ADMINISTRATIVE COSTS- A State receiving a grant under this subpart
may use not more than 5 percent of the amount of the grant for State
administrative costs.
`SEC. 10223. ALLOTMENTS TO STATES.
`(a) RESERVATION OF FUNDS- From the amount made available to carry out
this subpart for any fiscal year, the Secretary shall reserve 1/2 of 1 percent
for the Secretary of the Interior for programs under this subpart for
teachers, other staff, and administrators in schools operated or funded by the
Bureau of Indian Affairs.
`(1) IN GENERAL- Except as provided in paragraph (2), the Secretary
shall allot the total amount made available to carry out this subpart for
any fiscal year and not reserved under subsection (a) to the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico 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 1/4 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, the Secretary shall reallot such amount to the
remaining States in accordance with this section.
`SEC. 10224. APPLICATION.
`(a) IN GENERAL- To be eligible to receive a grant under this subpart, a
State 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) funds received under this subpart will be used to support gifted
and talented students in public schools and public charter schools,
including students from all economic, ethnic, and racial backgrounds,
students of limited English proficiency, students with disabilities, and
highly gifted students;
`(2) not less than 95 percent of the amount of the funds provided under
the grant shall be used for the purpose of making, in accordance with this
subpart and on a competitive basis, subgrants to local educational
agencies;
`(3) funds received under this subpart shall be used only to supplement,
but not supplant, the amount of State and local funds expended for
specialized education and related services provided for the education of
gifted and talented students; and
`(4) the State shall develop procedures to evaluate program
effectiveness.
`(c) APPROVAL- To the extent funds are made available for this subpart,
the Secretary shall approve an application of a State if such application
meets the requirements of this section.
`SEC. 10225. ANNUAL REPORTING.
`Beginning 1 year after the date of the enactment of the Student Results
Act of 1999, a State receiving a grant under this subpart shall submit an
annual report to the Secretary that describes the number of students served
and the activities supported with funds provided under this subpart. The
report shall include a description of the measures taken to comply with
paragraphs (1) and (4) of section 10224(b). To the extent practicable and
otherwise authorized by law, this report shall be submitted as part of any
consolidated State performance report for State formula grant programs under
this Act.
`Subpart 3--National Center for Research and Development in the
Education of Gifted and Talented Children and Youth
`SEC. 10231. CENTER FOR RESEARCH AND DEVELOPMENT.
`(a) IN GENERAL- The Secretary (after consultation with experts in the
field of the education of gifted and talented students) shall establish a
National 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 educational 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 section 10212(b)(1).
`(b) DIRECTOR- Such National Center shall have a Director. The Secretary
may authorize the Director to carry out such functions of the National Center
as may be agreed upon through arrangements with institutions of higher
education, State or local educational agencies, or other public or private
agencies and organizations.
`(c) COORDINATION- Scientifically based research activities 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 enhance the research and development activities supported by such
Office; and
`(2) may include collaborative scientifically based research activities
which are jointly funded and carried out with such Office.
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