text: 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.
target: 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.
feat_title: A bill to give gifted and talented students the opportunity to develop their capabilities.