article: 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.
summary: Gifted and Talented Students Education Act of 2003 - Amends the Elementary and Secondary Education Act of 1965 to establish a grants program for gifted and talented students.Authorizes the Secretary of Education to award such grants to State educational agencies to make subgrants to local educational agencies to develop or expand gifted and talented education programs, and provide direct educational services and materials. Requires such grants to be made on a competitive basis if appropriations are within certain minimum and maximum amounts, and on a formula basis if appropriations exceed such specified maximum. Sets forth authorized State and local uses of grant funds and authorized activities. Prohibits use of such funds for purchase or upgrading of technological hardware. Directs the Secretary to 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.