article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Gifted and Talented Students Education Act of 2001''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The 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) 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, the students have special educational needs that require opportunities and experiences that are different from those generally available in regular education programs. (3) 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. (4) There currently is no Federal requirement to identify or serve the Nation's approximately 3,000,000 gifted and talented students. (5) 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. (6) If the United States is to compete successfully in the global economy, 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 in today's workplace. (7) 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 math 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. (8) 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. (9) 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) Purpose.--The purpose of this Act is to provide grants to States to support programs, classes, and other services designed to meet the needs of the Nation's gifted and talented students in elementary schools and secondary schools. SEC. 3. PROGRAM AUTHORIZATION AND ACTIVITIES. (a) In General.--If the amount appropriated under section 11 for a fiscal year equals or exceeds $50,000,000, then the Secretary may award grants to State educational agencies from allotments under section 4 to enable the State educational agencies to award grants to local educational agencies under section 6 for developing or expanding gifted and talented education programs, and providing direct educational services and materials through 1 or more of the following activities: (1) Developing and implementing programs to address State and local needs for inservice training programs for general educators, specialists in gifted and talented education, administrators, school counselors, or other personnel at the elementary and secondary levels. (2) Making materials and services available through State regional education service centers, universities, colleges, or other entities. (3) 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. (4) Supporting innovative approaches and curricula used by local educational agencies, individual schools, or consortia of schools or local educational agencies. (5) Providing challenging, high-level course work to individual students or groups of students in schools and school districts that do not have the resources to otherwise provide the courses through new and emerging technologies, including distance learning, developing curriculum packages, compensating distance-learning educators, or providing other relevant activities or services, but not for purchasing or upgrading of technological hardware. (b) State Infrastructure Costs.-- (1) In general.--A State educational agency may use not more than 10 percent of the funds received under this Act for-- (A) establishment and implementation of a peer review process for grant applications under section 7; (B) supervision of the awarding of funds to local educational agencies (including consortia of local educational agencies) to support gifted and talented students in the State; (C) planning, supervision, and processing of funds made available under this Act; (D) monitoring and evaluation of programs and activities assisted under this Act; (E) dissemination of general program information; (F) creating a State gifted education advisory board; and (G) providing technical assistance under this section. (2) Education and support.--Not more than 2 percent of the total amount received under this Act by the State may be used by the State educational agency to provide information, education, and support to parents and caregivers of gifted and talented children to enhance their ability to participate in decisions regarding their children's educational programs. Such education, information, and support shall be developed and carried out by parents and caregivers or by parents and caregivers in partnership with the State. SEC. 4. ALLOTMENT TO STATES. (a) Reservation of Funds.--From the amount made available to carry out this Act for any fiscal year, the Secretary shall reserve \1/2\ of 1 percent for the Secretary of the Interior for programs under this Act for teachers, other staff, and administrators in schools operated or funded by the Bureau of Indian Affairs. (b) Formula.--Except as provided in subsection (c), from the total amount made available to carry out this Act for a fiscal year that remains after making the reservation under subsection (a), the Secretary shall allot to each State an amount that bears the same relation to the total remaining amount as the number of children ages 5 through 18 in the State for the preceding academic year bears to the total number of all such children in all States for such year. (c) Minimum Award.--No State receiving an allotment under subsection (b) may receive less than \1/2\ of 1 percent of the total amount allotted under such subsection. (d) 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. 5. STATE APPLICATIONS. (a) In General.--To be eligible to receive a grant under section 3 or 8, a State educational agency shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (b) Contents.--The application described in subsection (a) shall include assurances-- (1) that the State educational agency is designated as the agency responsible for the administration and supervision of programs assisted under this Act; (2) of the State educational agency's ability to provide matching funds for the activities to be assisted under this Act in an amount equal to not less than 20 percent of the grant funds to be received, which matching funds shall be provided in cash or in-kind; (3) that funds received under this Act shall be used to identify and support gifted and talented students, including students from all economic, ethnic, and racial backgrounds, students of limited English proficiency, students with disabilities, and highly gifted students; (4) that funds received under this Act shall be used only to supplement, not supplant, the amount of State and local funds expended for the specialized education and related services provided for the education of gifted and talented students; and (5) that the State shall develop and implement program assessment models to evaluate educational effectiveness and ensure program accountability. (c) Approval.--The Secretary shall approve an application of a State educational agency under this section if such application meets the requirements of this section. SEC. 6. DISTRIBUTION TO LOCAL EDUCATIONAL AGENCIES. (a) Grant Competition.--A State educational agency shall use not less than 88 percent of the funds made available to the State education agency under this Act to award grants, on a competitive basis, to local educational agencies (including consortia of local educational agencies) to support programs, classes, and other services designed to meet the needs of gifted and talented students. (b) 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. 7. LOCAL APPLICATIONS. (a) Application.--To be eligible to receive a grant under this Act, a local educational agency (including a consortium of local educational agencies) shall submit an application to the State educational agency. (b) Contents.--Each such application shall include-- (1) an assurance that the funds received under this Act 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 Act will be used to supplement, not supplant, the amount of funds the local educational agency expends for the education of and related services for, the education of gifted and talented students. SEC. 8. COMPETITIVE GRANTS TO STATES. If the amount appropriated under section 11 for a fiscal year is less than $50,000,000, then the Secretary may use the funds that are not reserved under section 4(a) to award grants, on a competitive basis, to State educational agencies to enable the State educational agencies to begin implementing activities described in section 3 through the awarding of grants on a competitive basis to local educational agencies. SEC. 9. REPORTING. Not later than 1 year after the date of enactment of this Act and for each subsequent 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 Act. The report shall include a description of the measures taken to comply with the accountability requirements of section 5(b)(5). SEC. 10. DEFINITIONS. In this Act: (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 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (2) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (3) Secretary.--The term ``Secretary'' means the Secretary of Education. (4) State.--The term ``State'' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. (5) State educational agency.--The term ``State educational agency'' has the meaning given the term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act, $160,000,000 for each of fiscal years 2002, 2003, 2004, 2005, and 2006.
summary: Gifted and Talented Students Education Act of 2001 - Authorizes the Secretary of Education to make grants to State educational agencies to assist local educational agencies to develop or expand gifted and talented education programs through one or more of the following activities: (1) professional development programs; (2) technical assistance; (3) innovative approaches and curricula; (4) emerging technologies, including distance learning; and (5) direct educational services and materials, which may include compacted, modified, or adapted curricula, acceleration, independent study, and dual enrollment.