20 U.S.C. § 7294 — Untitled legal text

Page 1521 TITLE 20—EDUCATION § 7294 Editorial Notes REFERENCES IN TEXT The Head Start Act, referred to in subsec. (a)(4)(B), is subchapter B (§ 635 et seq.) of chapter 8 of subtitle A of title VI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 499, which is classified generally to subchapter II (§ 9831 et seq.) of chapter 105 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 9801 of Title 42 and Tables. The Child Care and Development Block Grant Act of 1990, referred to in subsec. (a)(4)(B), is subchapter C (§ 658A et seq.) of chapter 8 of subtitle A of title VI of Pub. L. 97–35, as added by Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–236, which is classi- fied generally to subchapter II–B (§ 9857 et seq.) of chap- ter 105 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see sec- tion 9857(a) of Title 42 and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive pro- grams, see section 5 of Pub. L. 114–95, set out as an Ef- fective Date of 2015 Amendment note under section 6301 of this title. § 7294. Supporting high-ability learners and learning (a) Purpose The purpose of this section is to promote and initiate a coordinated program, to be known as the ‘‘Jacob K. Javits Gifted and Talented Stu- dents Education Program’’, of evidence-based re- search, demonstration projects, innovative strategies, and similar activities designed to build and enhance the ability of elementary schools and secondary schools nationwide to identify gifted and talented students and meet their special educational needs. (b) Program authorized (1) In general The Secretary (after consultation with ex- perts in the field of the education of gifted and talented students) shall make awards to, or enter into contracts with, State educational agencies, local educational agencies, the Bu- reau of Indian Education, institutions of high- er education, other public agencies, and other private agencies and organizations to assist such agencies, institutions, or organizations, or the Bureau, in carrying out programs or projects to fulfill the purpose described in sec- tion 7291(a)(3) of this title, including the train- ing of personnel in the identification and edu- cation of gifted and talented students and in the use, where appropriate, of gifted and tal- ented services, materials, and methods for all students. (2) Application Each entity seeking assistance under this section shall submit an application to the Sec- retary at such time and in such manner as the Secretary may reasonably require. Each appli- cation shall describe how— (A) the proposed identification methods, as well as gifted and talented services, mate- rials, and methods, can be adapted, if appro- priate, for use by all students; and (B) the proposed programs can be evalu- ated. (c) Uses of funds Programs and projects assisted under this sec- tion may include any of the following: (1) Conducting evidence-based research on methods and techniques for identifying and teaching gifted and talented students and for using gifted and talented programs and meth- ods to identify and provide the opportunity for all students to be served, particularly low-in- come and at-risk students. (2) Establishing and operating programs and projects for identifying and serving gifted and talented students, including innovative meth- ods and strategies (such as summer programs, mentoring programs, peer tutoring programs, service learning programs, and cooperative learning programs involving business, indus- try and education) for identifying and edu- cating students who may not be served by tra- ditional gifted and talented programs. (3) Providing technical assistance and dis- seminating information, which may include how gifted and talented programs and methods may be adapted for use by all students, par- ticularly low-income and at-risk students. (d) Center for research and development (1) In general The Secretary (after consultation with ex- perts in the field of the education of gifted and talented students) shall establish a National Research Center for the Education of Gifted and Talented Children and Youth through grants to, or contracts with, one or more insti- tutions of higher education or State edu- cational agencies, or a combination or consor- tium of such institutions and agencies and other public or private agencies and organiza- tions, for the purpose of carrying out activi- ties described in subsection (c). (2) Director The National Center shall be headed by a Di- rector. The Secretary may authorize the Di- rector to carry out such functions of the Na- tional Center as may be agreed upon through arrangements with institutions of higher edu- cation, State educational agencies, local edu- cational agencies, or other public or private agencies and organizations. (e) Coordination Evidence-based activities supported under this section— (1) shall be carried out in consultation with the Institute of Education Sciences to ensure that such activities are coordinated with and enhance the research and development activi- ties supported by the Institute; and (2) may include collaborative evidence-based activities that are jointly funded and carried out with such Institute. (f) General priority In carrying out this section, the Secretary shall give highest priority to programs and projects designed to— (1) develop new information that— (A) improves the capability of schools to plan, conduct, and improve programs to Page 1522 TITLE 20—EDUCATION § 7294 identify and serve gifted and talented stu- dents; or (B) assists schools in the identification of, and provision of services to, gifted and tal- ented students (including economically dis- advantaged individuals, individuals who are English learners, and children with disabil- ities) who may not be identified and served through traditional assessment methods; or (2) implement evidence-based activities, de- fined in this paragraph as activities meeting the requirements of section 7801(21)(A)(i) of this title. (g) Participation of private school children and teachers In making grants and entering into contracts under this section, 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 participa- tion of teachers and other personnel in profes- sional development programs serving such stu- dents. (h) Review, dissemination, and evaluation The Secretary shall— (1) use a peer-review process in reviewing ap- plications under this section; (2) ensure that information on the activities and results of programs and projects funded under this section is disseminated to appro- priate State educational agencies, local edu- cational agencies, and other appropriate orga- nizations, including private nonprofit organi- zations; and (3) evaluate the effectiveness of programs under this section in accordance with section 7981 of this title, in terms of the impact on students traditionally served in separate gift- ed and talented programs and on other stu- dents, and submit the results of such evalua- tion to Congress not later than 2 years after December 10, 2015. (i) Program operations The Secretary shall ensure that the programs under this section are administered within the Department by a person who has recognized pro- fessional qualifications and experience in the field of the education of gifted and talented stu- dents and who shall— (1) administer and coordinate the programs authorized under this section; (2) serve as a focal point of national leader- ship and information on the educational needs of gifted and talented students and the avail- ability of educational services and programs designed to meet such needs; (3) assist the Director of the Institute of Education Sciences in identifying research priorities that reflect the needs of gifted and talented students; and (4) disseminate, and consult on, the informa- tion developed under this section with other offices within the Department. (Pub. L. 89–10, title IV, § 4644, as added Pub. L. 114–95, title IV, § 4601, Dec. 10, 2015, 129 Stat. 2037.) Editorial Notes PRIOR PROVISIONS Prior sections 7301 to 7301b were repealed by Pub. L. 114–95, § 5, title V, § 5001(b)(1), Dec. 10, 2015, 129 Stat. 1806, 2040, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive pro- grams. Section 7301, Pub. L. 89–10, title V, § 6111, formerly title VI, § 6111, as added Pub. L. 107–110, title VI, § 601, Jan. 8, 2002, 115 Stat. 1873; renumbered title V, § 6111, Pub. L. 114–95, title V, § 5001(a), Dec. 10, 2015, 129 Stat. 2039, related to grants for State assessments and re- lated activities. A prior section 7301, Pub. L. 89–10, title VI, § 6001, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3707, set forth findings and purpose, prior to the general amendment of former subchapter VI of this chapter by Pub. L. 107–110. Section 7301a, Pub. L. 89–10, title V, § 6112, formerly title VI, § 6112, as added Pub. L. 107–110, title VI, § 601, Jan. 8, 2002, 115 Stat. 1874; renumbered title V, § 6112, Pub. L. 114–95, title V, § 5001(a), Dec. 10, 2015, 129 Stat. 2039, related to grants for enhanced assessment instru- ments. Section 7301b, Pub. L. 89–10, title V, § 6113, formerly title VI, § 6113, as added Pub. L. 107–110, title VI, § 601, Jan. 8, 2002, 115 Stat. 1875; renumbered title V, § 6113, Pub. L. 114–95, title V, § 5001(a), Dec. 10, 2015, 129 Stat. 2039, related to funding. Prior sections 7302 and 7303 were omitted in the gen- eral amendment of former subchapter VI of this chap- ter by Pub. L. 107–110. Section 7302, Pub. L. 89–10, title VI, § 6002, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3707, related to authorization of appropriations and duration of assistance. Section 7303, Pub. L. 89–10, title VI, § 6003, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3707, defined ‘‘effective schools programs’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive pro- grams, see section 5 of Pub. L. 114–95, set out as an Ef- fective Date of 2015 Amendment note under section 6301 of this title. SUBCHAPTER V—FLEXIBILITY AND ACCOUNTABILITY Editorial Notes CODIFICATION Pub. L. 114–95, title V, § 5001(a), Dec. 10, 2015, 129 Stat. 2039, redesignated subchapter VI (§ 7301 et seq.) of this chapter as this subchapter. Title V of the Elementary and Secondary Education Act of 1965, comprising this subchapter, was originally enacted as part of Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, and subsequently revised, restated, and amended by other public laws. Title V is shown, herein, as having been added as title VI of Pub. L. 89–10 by Pub. L. 107–110, title VI, § 601, Jan. 8, 2002, 115 Stat. 1873, with- out reference to earlier amendments because of the ex- tensive revision of the title’s provisions by Pub. L. 107–110. Title VI of Pub. L. 89–10 was subsequently re- designated title V by Pub. L. 114–95, title V, § 5001(a), Dec. 10, 2015, 129 Stat. 2039, and transferred to this sub- chapter. See Codification note preceding section 6301 of this title. PRIOR PROVISIONS A prior title V of the Elementary and Secondary Edu- cation Act of 1965, comprising former subchapter V (§ 7201 et seq.) of this chapter, was originally enacted as