text: 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.
target: 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.
feat_title: A bill to provide a grant program for gifted and talented students, and for other purposes.