SRC-MWN S.B. 1057 77(R)BILL ANALYSIS


Senate Research CenterS.B. 1057
By: Ellis, Rodney
Education
6/15/2001
Enrolled


DIGEST AND PURPOSE 

The TEXAS Grant Program grants students the opportunity to enroll in
institutions of higher education. An interim committee report recommended
improvements to help raise awareness of the program among certain groups.
S.B. 1057 implements recommendations from the TEXAS Grant Program
Legislative Oversight Committee's interim report.  

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Higher Education
Coordinating Board in SECTIONS 1 (Section 56.304, Education Code) and 11 of
this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 56.304(e), Education Code, to provide that a
person's eligibility for a TEXAS grant ends on the sixth anniversary of the
initial award of a TEXAS grant to the person and the person's enrollment in
an eligible institution, unless the person is provided additional time
during which the person is authorized to receive a TEXAS grant under this
subsection. Requires the Texas Higher Education Coordinating Board
(coordinating board) to adopt rules to provide a person who is otherwise
eligible to receive a TEXAS grant additional time during which the person
is authorized to receive a TEXAS grant in the event of a hardship or other
good cause shown that prevents the person from continuing the person's
enrollment during the period the person would otherwise have been eligible
to receive a TEXAS grant, including a showing of a severe illness or other
debilitating condition or that the person is or was responsible for the
care of a sick, injured, or needy person. 

SECTION 2. Amends Section 61.0776, Education Code, by amending Subsection
(c) and adding Subsection (f), as follows: 

(c) Authorizes the coordinating board, if the coordinating board designates
a public nonprofit entity created by the legislature to operate or house
the center, to reimburse the entity from money appropriated for that
purpose for the costs incurred by the entity in carrying out the activities
of the center under this section. 

(f) Requires the coordinating board and the commissioner of education to
develop a plan or set of recommendations to ensure that information on the
TEXAS grant program and other financial aid information described by
Subsection (a) is adequately publicized to prospective students and
financial aid recipients and their parents and to school counselors,
student financial aid offices, and other appropriate entities. Requires the
coordinating board and the commissioner of education to report the results
of the study and the plan or recommendations to the legislature not later
than October 1, 2002. Provides that this subsection expires January 1,
2003.  

SECTION 3. Amends 56.309, Education Code, by redesignating it as Chapter
56O, Education Code, and amending it as follows: 

 SUBCHAPTER O. TEACH FOR TEXAS FINANCIAL ASSISTANCE PROGRAM

Sec. 56.351. DEFINITIONS. Defines "coordinating board" and "eligible
institution of higher education." 

Sec. 56.352. New heading: PURPOSE OF PROGRAM. Sets forth purpose of the
program. 

Sec. 56.353. ELIGIBILITY FOR GRANT; TEACHING AGREEMENT. (a) Provides that a
Teach for Texas grant, rather than tuition, is available only to a person
who applies for a grant and meets certain conditions. Deletes text
regarding Section 56.304. 

(b) Requires the coordinating board in awarding Teach for Texas grants to
give priority to applicants who demonstrate financial need. 

(c) Requires the coordinating board, if the money available for grants in a
period for which grants are awarded is insufficient to provide grants to
all eligible applicants described by Subsection (b), to give the highest
priority to applicants who demonstrate the greatest financial need. 

(e) Prohibits a person from receiving a Teach for Texas tuition grant for
more than three academic years or the equivalent. 

(f) Provides that a person is not eligible to receive a Teach for Texas
grant if the person has been convicted of a certain felony or offense. 

(g) Provides that a person makes satisfactorily academic progress toward
completion of an educator certification program if the person meets certain
criteria. 

Sec. 56.354. AMOUNT OF GRANT; PAYMENT OF GRANT. (a) Provides that the
amount of a Teach for Texas grant is equal to four times the current amount
of a Texas grant under Subchapter M for a student enrolled in a general
academic teaching institution. Deletes text regarding Teach for Texas
tuition grant. 

(b) Requires the coordinating board to pay the amount of a Teach for Texas
grant in installments, with a substantially equal amount paid in each
semester or term based on the number of semesters in which a typical
full-time student would complete the recipient's educator certification
program. Authorizes the coordinating board to adjust the amount of a grant
for a semester or term, or award a supplemental grant, to ensure that a
grant recipient who completes the educator certification program receives
the total amount of the recipient's grant. Deletes text regarding Texas
grant. 

Sec. 56.355. ELIGIBILITY FOR TEXAS GRANT NOT AFFECTED. Authorizes a person
to receive both a Texas grant under Subchapter M, rather than Section
56.304 or 56.305, and a Teach for Texas grant under this subchapter for the
same semester or term. 

Sec. 56.356. SATISFYING TEACHING OBLIGATION; REPAYMENT. (a) Requires a
person who receives a Teach for Texas grant to begin fulfilling the
teaching obligations of the person's grant not later than the 18th month
after the person completes the educator certification program for which the
person received the grant, unless the coordinating board grants the person
additional time to begin fulfilling the teaching obligation. 

(c) Requires the coordinating board to require a person who receives a
Teach for Texas grant to sign a promissory note acknowledging the
conditional nature of the grant and promising to repay the outstanding
amount of the grant plus applicable interest and reasonable collection
costs if the person does not satisfy the applicable conditions. 
 
(e) Requires the amount required to be repaid by a person who fails to
complete the teaching obligation of the person's grant to be determined in
proportion to the portion of the total teaching obligation that the person
has not satisfied. 

(f) Provides that a person receiving a Teach for Texas grant is considered
to have failed to satisfy the conditions of the grant, and the grant
automatically becomes a loan, if the person fails to remain enrolled in or
to make steady progress in the person's educator certification program and,
if applicable, the person's baccalaureate degree program for which the
grant was made without good cause as determined by the coordinating board
or if the person fails to become certified as a teacher not later than the
18th month after the date the person completes the educator certification
program, rather than receives a degree. 

Sec. 56.357.  TEACH FOR TEXAS ALTERNATIVE CERTIFICATION ASSISTANCE PROGRAM.
(a)  Requires the coordinating board to establish a program under which the
coordinating board awards grants to assist persons seeking educator
certification through alternative educator certification programs as
provided by this section. 

(b)  Requires a person, to be eligible for a grant under the program, to
apply for a grant and meet certain criteria. 

(c)  Provides that a person is not eligible to receive a grant under the
program if the person has been convicted of a felony or an offense under
Chapter 481, Health and Safety Code (Texas Controlled Substances Act), or
under the law of another jurisdiction involving a controlled substance, as
defined by Chapter 481, Health and Safety Code, unless the person has met
the other applicable eligibility requirements under this section and has
met certain criteria. 
 
(d)  Requires the coordinating board, in selecting applicants to receive
grants under the program, to consider certain criteria. 

(e)  Provides that the amount of a grant under the program is equal to two
times the current amount of a TEXAS grant under Subchapter M for a student
enrolled in a general academic teaching institution.  Authorizes the
coordinating board to pay the amount of the grant in installments during
the period in which the person is enrolled in the person's alternative
educator certification program. 

(f)  Requires the person to begin fulfilling the person's teaching
obligation not later than the 18th month after the person completes the
alternative educator certification program, unless the coordinating board
for good cause grants the person additional time to begin fulfilling the
teaching obligation.  Requires the person to complete the teaching
obligation not later than the sixth year after the date the person begins
to fulfill the teaching obligation.  Requires the coordinating board to
grant a person additional time to complete the teaching obligation for good
cause. 

(g)  Requires the coordinating board to cancel a person's teaching
obligation if the coordinating board determines that the person meets
certain conditions. 

(h)  Requires the coordinating board to require a person who receives a
grant to sign a promissory note acknowledging the conditional nature of the
grant and promising to repay the amount of the grant plus applicable
interest and reasonable collection costs if the person does not satisfy the
applicable conditions of the grant.  Requires the coordinating board to
determine the terms of the promissory note. 

(i)  Requires the amount required to be repaid by a person who fails to
complete the  teaching obligation of the person's grant to be determined in
proportion to the portion of the teaching obligation that the person has
not satisfied. 

(j)  Provides that a person receiving a grant is considered to have failed
to satisfy the conditions of the grant, and the grant automatically becomes
a loan, if the person, without good cause as determined by the coordinating
board, fails to perform certain procedures. 

Sec. 56.358.  FUNDING; ALLOCATION OF FUNDING.  (a)  Authorizes the
coordinating board to solicit and accept gifts and grants from any public
or private source for the purposes of this subchapter. 

(b)  Authorizes the legislature to appropriate money for the purposes of
this subchapter. 

SECTION 4.  Amends the heading to Chapter 56M, Education Code, as added by
Chapter 1590, Acts of the 76th Legislature, Regular Session, 1999, to read
as follows: 

SUBCHAPTER M.  TOWARD EXCELLENCE, ACCESS, & SUCCESS (TEXAS)
GRANT PROGRAM

SECTION 5.  Amends Section 56.308(b), Education Code, to require each
school district to perform certain procedures. 

SECTION 6.  Amends Section 56.311, Education Code, as follows:

Sec. 56.311.  LEGISLATIVE OVERSIGHT COMMITTEE.  (a)  Provides that the
Legislative Oversight Committee on the TEXAS grant program and Teach for
Texas grant program is composed of certain members. Makes a conforming
change. 

  (b) Requires the committee to meet certain criteria.

  (c)  Makes conforming changes.

(e)  Requires the committee to monitor the operation of the TEXAS grant
program and Teach for Texas grant program, with emphasis on the manner of
the award of grants, the number of grants awarded, and the educational
progress made by persons who have received grants under those programs.
Makes conforming changes. 

  (g)  Makes conforming changes.

SECTION 7.  Amends Section 11.252(a), Education Code, to require the
district improvement plan to include certain provisions. 

SECTION 8.  Amends Chapter 61M, Education Code, by amending Section 61.702
and adding Section 61.7021, as follows: 
 
Sec. 61.702.  New heading: ELIGIBILITY FOR CLASSROOM TEACHER REPAYMENT
ASSISTANCE.  (a)  Requires a person, to be eligible to receive repayment
assistance for classroom teachers, to apply to the coordinating board and
to meet certain criteria. 
 
(b)  Provides that a person is not eligible for repayment assistance for
classroom teachers under this subchapter if the person has received a Teach
for Texas grant or other financial assistance under Subchapter O, Chapter
56, or under former Section 56.309. 

 (c)  Requires the coordinating board to give priority in granting
repayment assistance for classroom teachers to a person who received
repayment assistance for classroom teachers for the preceding school year.
Provides that the priority terminates if the person does not apply for or
is not eligible for that assistance.  Authorizes the coordinating board, in
extraordinary circumstances, to allow a person to maintain the priority
after one or more years in which the person is unable to teach as a
classroom teacher. 

Sec. 61.7021.  ELIGIBILITY FOR BORDER INSTITUTION FACULTY REPAYMENT
ASSISTANCE.  Requires a person, to be eligible to receive repayment
assistance for border institution faculty, to apply to the board and to
meet certain criteria. 

SECTION 9.  Amends Section 61.705, Education Code, by amending Subsection
(c) and adding Subsections (d) and (e), as follows: 

(c)  Provides that the minimum amount of repayment assistance that may be
awarded in one year to a person who qualifies for the assistance under
Section 61.702 is the lesser of certain amounts. 

(d)  Prohibits a person from receiving repayment assistance for classroom
teachers under this subchapter in a total amount that exceeds $5,000, and
from receiving that repayment assistance for more than five years. 

(e)  Provides that the minimum amount of repayment assistance that may be
awarded, rather than received,  in one year to a person who qualifies for
the assistance under Section 61.7021, rather than 61.702(2), is 50 percent
of the amount of principal and accrued interest that is due on eligible
loans that year. 

SECTION 10.  Amends Section 61.708(a), Education Code, to require the
coordinating board to adopt rules necessary for the administration of this
subchapter. 

SECTION 11.  (a)  Provides that the change in law made by this Act relating
to the eligibility of a person to receive a TEXAS grant applies beginning
with students who demonstrate eligibility to receive a grant for the
2001-2002 academic year. 

(b)  Requires the coordinating board to implement the changes made by this
Act to the Teach for Texas grant program and to the classroom teacher loan
repayment assistance program under Chapter 61M, Education Code, as soon as
practicable after the effective date of this Act, but not later than the
2002-2003 academic year. 

(c)  Requires the coordinating board to adopt initial rules for awarding
grants and to award grants under the Teach for Texas alternative
certification assistance program established under Section 56.357,
Education Code, as added by this Act, as soon as practicable. 
 
SECTION 12.  Effective date: upon passage or September 1, 2001.