115 STAT. 1826 PUBLIC LAW 107-110-^AN. 8, 2002 Jacob K Javits Gifted and Talented Students Education Act of 2001. 20 USC 7253. 20 USC 7253a. 20 USC 7253b. 20 USC 7253c. communities with a substantial number or percentage of children with special needs, as described in subsection (c)(3), may use funds from other Federal sources to pay the non-Federal share of the cost of the program, if those funds do not comprise more than 50 percent of the non-Federal share of the funds used for the cost of acquiring and distributing books. "(2) WAIVER AUTHORITY. —Notwithstanding subsection (c), the contractor may waive, in whole or in part, the requirement in subsection (c)(1) for a subcontractor, if the subcontractor demonstrates that it would otherwise not be able to participate in the program, and enters into an agreement with the contractor with respect to the amount of the non-Federal share to which the waiver will apply. In a case in which such a waiver is granted, the requirement in subsection (c)(2) shall not apply. "(f) MULTI-YEAR CONTRACTS.—The contractor may enter into a multi-year subcontract under this section, if— "(1) the contractor believes that such subcontract will provide the subcontractor with additional leverage in seeking local commitments; and "(2) the subcontract does not undermine the finances of the national program. "(g) FEDERAL SHARE DEFINED. —In this section, the term 'Federal share' means, with respect to the cost to a subcontractor of purchasing books to be paid for under this section, 75 percent of such costs to the subcontractor, except that the Federal share for programs serving children of migrant or seasonal farmworkers shall be 100 percent of such costs to the subcontractor. "Subpart 6—Gifted and Talented Students "SEC. 5461. SHORT TITLE. "This subpart may be cited as the 'Jacob K. Javits Gifted and Talented Students Education Act of 2001'. "SEC. 5462. PURPOSE. "The purpose of this subpart is to initiate a coordinated program of scientifically based research, demonstration projects, innovative strategies, and similar activities designed to build and enhance the ability of elementary schools and secondary schools nationwide to meet the special educational needs of gifted and talented students. "SEC. 5463. RULE OF CONSTRUCTION. Nothing in this subpart shall be construed to prohibit a recipient of funds under this subpart from serving gifted and talented students simultaneously with students with similar educational needs, in the same educational settings, where appropriate. "SEC. 5464. AUTHORIZED PROGRAMS. "(a) ESTABLISHMENT OF PROGRAM.— "(1) IN GENERAL.— The Secretary (after consultation with experts in the field of the education of gifted and talented students) is authorized to make grants to, or enter into contracts with. State educational agencies, local educational agencies, institutions of higher education, other public agencies, and other private agencies and organizations (including Indian tribes and Indian organizations (as such terms are defined
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