By Delisi H.B. No. 1451 76R4496 CAS-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the Texas Troops to Teachers Program. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Chapter 21, Education Code, is amended by adding 1-5 Subchapter K to read as follows: 1-6 SUBCHAPTER K. TEXAS TROOPS TO TEACHERS PROGRAM 1-7 Sec. 21.501. DEFINITIONS. In this subchapter, "program" 1-8 means the Texas Troops to Teachers Program. 1-9 Sec. 21.502. ESTABLISHMENT OF PROGRAM. The agency shall 1-10 establish a program to: 1-11 (1) assist persons who have served in the armed forces 1-12 of the United States and are separated from active duty to obtain 1-13 certification as an elementary or secondary school teacher in this 1-14 state; and 1-15 (2) facilitate the employment of those persons by 1-16 school districts that have a shortage of teachers. 1-17 Sec. 21.503. ELIGIBILITY. A person is eligible for the 1-18 program if the person: 1-19 (1) has served in the armed forces of the United 1-20 States; 1-21 (2) is honorably discharged, retired, or released from 1-22 active duty on or after October 1, 1990, after at least six years 1-23 of continuous active duty service immediately before the 1-24 discharge, retirement, or release; 2-1 (3) has received a baccalaureate or advanced degree 2-2 from an institution of higher education accredited by a regional 2-3 accrediting agency or group that is recognized by a nationally 2-4 recognized accreditation board; and 2-5 (4) satisfies any other criteria for selection jointly 2-6 prescribed by the agency and the State Board for Educator 2-7 Certification. 2-8 Sec. 21.504. INFORMATION AND APPLICATIONS. (a) The agency 2-9 shall develop an application for the program. 2-10 (b) The agency and the State Board for Educator 2-11 Certification shall distribute the applications and information 2-12 regarding the program. 2-13 Sec. 21.505. SELECTION OF PARTICIPANTS. (a) The agency 2-14 shall select persons to participate in the program on the basis of 2-15 applications submitted to the agency. 2-16 (b) Each application must be submitted: 2-17 (1) in the form and contain the information the agency 2-18 requires; and 2-19 (2) in a timely manner. 2-20 (c) An application is considered to be submitted in a timely 2-21 manner for purposes of Subsection (b)(2) if the application is 2-22 submitted: 2-23 (1) not later than October 5, 1999, in the case of an 2-24 applicant discharged, retired, or released from active duty before 2-25 January 19, 1999; or 2-26 (2) except as provided by Subdivision (1), not later 2-27 than the first anniversary of the date of the applicant's 3-1 discharge, retirement, or release from active duty. 3-2 Sec. 21.506. LIMITATION ON IMPLEMENTATION. The agency may 3-3 not select a person to participate in the program unless the agency 3-4 has sufficient state appropriations to pay the stipend provided by 3-5 Section 21.509 at the time of the selection. 3-6 Sec. 21.507. PREFERENCES. (a) In selecting persons to 3-7 participate in the program, the agency shall give preference to a 3-8 person who: 3-9 (1) has significant educational or military experience 3-10 in science, mathematics, or engineering and agrees to seek 3-11 employment as a teacher in one of those subjects in a public 3-12 elementary or secondary school in this state; or 3-13 (2) has significant educational or military experience 3-14 in a field other than science, mathematics, or engineering 3-15 identified by the agency as a field important for state educational 3-16 objectives and agrees to seek employment as a teacher in a subject 3-17 related to that field in a public elementary or secondary school in 3-18 this state. 3-19 (b) The commissioner shall determine the level of experience 3-20 considered significant for purposes of this section. 3-21 Sec. 21.508. AGREEMENT. A person selected to participate in 3-22 the program must enter into a written agreement with the agency 3-23 under which the person agrees to: 3-24 (1) obtain, within the period the agency by rule 3-25 requires, certification as an elementary or secondary school 3-26 teacher in this state; and 3-27 (2) accept, during the first school year that begins 4-1 after the date the person becomes certified, an offer of full-time 4-2 employment as an elementary or secondary school teacher with a 4-3 school district in this state. 4-4 Sec. 21.509. STIPEND. The agency shall pay to each 4-5 participant in the program a stipend of $5,000. 4-6 Sec. 21.510. REIMBURSEMENT. (a) A participant in the 4-7 program who fails to obtain certification or employment as required 4-8 in the agreement under Section 21.508 or who voluntarily leaves or 4-9 is terminated for cause from the employment after teaching in a 4-10 public elementary or secondary school in this state for less than 4-11 five school years shall reimburse the agency for the portion of the 4-12 stipend that bears the same ratio to the amount of the stipend as 4-13 the unserved portion of required service bears to the five years of 4-14 required service. 4-15 (b) The obligation to reimburse the agency under this 4-16 section is, for all purposes, a debt to the state. A discharge in 4-17 bankruptcy under Title 11, United States Code, does not release a 4-18 participant from the obligation to reimburse the agency. The 4-19 amount owed bears interest at the rate equal to the highest rate 4-20 being paid by the United States on the day the reimbursement is 4-21 determined to be due for securities that have maturities of 90 days 4-22 or less, and the interest accrues from the day the participant 4-23 receives notice of the amount due. 4-24 (c) For purposes of this section, a participant in the 4-25 program is not considered to be in violation of an agreement under 4-26 Section 21.508 during any period in which the participant: 4-27 (1) is pursuing a full-time course of study related to 5-1 the field of teaching at an institution of higher education 5-2 approved by the State Board for Educator Certification; 5-3 (2) is serving on active duty as a member of the armed 5-4 forces of the United States; 5-5 (3) is temporarily totally disabled for a period not 5-6 to exceed three years as established by sworn affidavit of a 5-7 qualified physician; 5-8 (4) is unable to secure employment for a period not to 5-9 exceed one year because of care required by a disabled spouse; 5-10 (5) is seeking and unable to find full-time employment 5-11 as a teacher in a public elementary or secondary school for a 5-12 single period not to exceed 27 months; or 5-13 (6) satisfies the provisions of any additional 5-14 reimbursement exception adopted by the agency. 5-15 (d) A participant is excused from reimbursement under 5-16 Subsection (a) if: 5-17 (1) the participant becomes permanently totally 5-18 disabled as established by sworn affidavit of a qualified 5-19 physician; or 5-20 (2) the agency waives reimbursement in the case of 5-21 extreme hardship to the participant. 5-22 Sec. 21.511. The commissioner shall adopt rules to implement 5-23 this subchapter. 5-24 SECTION 2. If the commissioner of education determines that 5-25 federal funds are available for a federal program with the general 5-26 purposes of Subchapter K, Chapter 21, Education Code, as added by 5-27 this Act, such as for a program under 10 U.S.C. Section 1151, the 6-1 commissioner of education shall discontinue the Texas Troops to 6-2 Teachers Program and shall file notice of that discontinuation with 6-3 the secretary of state to be published in the Texas Register. 6-4 SECTION 3. The importance of this legislation and the 6-5 crowded condition of the calendars in both houses create an 6-6 emergency and an imperative public necessity that the 6-7 constitutional rule requiring bills to be read on three several 6-8 days in each house be suspended, and this rule is hereby suspended, 6-9 and that this Act take effect and be in force from and after its 6-10 passage, and it is so enacted.