HBA-MSH, LJP C.S.S.B. 1595 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 1595 By: Bivins Higher Education 5/4/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Under current law, to be eligible for a Teach for Texas grant, a student must be receiving a Toward EXcellence, Access, and Success (TEXAS) grant. Because TEXAS grants are based on financial need, the Teach for Texas grant may not be as effective as it could be in alleviating the current teacher shortage in Texas. C.S.S.B. 1595 restructures the Teach for Texas grant program, separates it from the TEXAS grant program, and modifies the classroom teacher loan repayment assistance program. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Higher Education Coordinating Board in SECTION 3 (Section 56.353, Education Code) and SECTION 11 of this bill. ANALYSIS C.S.S.B. 1595 amends the Education Code to authorize the Texas Education Agency (TEA) to establish statewide initiatives for teacher recruitment, retention, and recognition. The bill authorizes TEA to use available revenue and solicit and accept gifts, grants, and donations to support these initiatives (Sec. 7.025). The bill requires the State Board for Educator Certification (SBEC) to advise the Texas Higher Education Coordinating Board (THECB) regarding the Teach for Texas Alternative Certification Assistance Program (alternative program). The bill authorizes SBEC to encourage through financial incentives the creation and expansion of educator preparation programs, including the alternative program (Sec 21.551). The bill requires THECB to implement modifications to the Teach for Texas grant program (program) and to the classroom teacher loan repayment assistance program (repayment program) as soon as practicable but not later than the 2002-2003 academic year (SECTION 11). The bill repeals certain provisions relating to the requirements of a person to be eligible for a Teach for Texas grant (grant), including the requirement that the person be a recipient of a Toward EXcellence, Access, and Success (TEXAS) grant. The bill provides that to be eligible for a grant a person must: _be seeking an educator certification; _be enrolled in an eligible Texas institution of higher education as a junior or senior in a baccalaureate degree program or in the first academic year of the educator certification program after receiving a baccalaureate degree; _be making satisfactory progress toward completion of the person's educator certification program; and _either be seeking educator certification in a teaching field experiencing a critical shortage of teachers and have agreed to teach full-time for four years at the preschool, primary, or secondary level in a public school in this state, or have agreed to teach full-time for four years at the preschool, primary, or secondary level in a public school in this state. The bill requires THECB, when awarding grants, to give priority to applicants whose expected family contribution and demonstrated financial need does not exceed the applicant's cost of attendance. If the money available for grants exceeds the amount needed to provide grants to all eligible applicants, the bill requires THECB to award grants from the remaining money to additional applicants based on eligibility requirement prescribed by THECB rule. The bill provides that if the money available for grants is insufficient to provide grants to all teacher shortage priority applicants, THECB is required to award grants to those applicants according to financial need. The bill provides that a person may not receive a grant for more than three academic years and a person is not eligible to receive a grant if the person has been convicted of a felony or an offense related to a controlled substance unless certain conditions are fulfilled. The bill sets forth what constitutes satisfactory academic progress toward completion of an educator certification program (Sec. 56.353). The bill sets forth provisions to calculate the amount of a grant and to require THECB to pay the amount of the grant in installments (Sec. 56.354). The bill provides that a person who receives a grant must begin to fulfill the teaching obligation not later than the 18th month after the completion of the educator certification program for which the person received the grant. The bill provides that a person must complete the teaching obligation not later than the fifth rather than the sixth year after the date the person begins to fulfill the teaching obligation. The bill also provides that if a person who receives a grant fails to remain enrolled in or to make steady progress in the educator certification program without good cause, or fails to become certified as a teacher not later than the 18th month after the completion of the educator certification program, then the grant automatically becomes a loan (Secs. 56.356). The bill requires THECB to establish and implement the alternative program to award grants to assist persons seeking an educator certification and to adopt initial rules for awarding the grants as soon as practicable (Sec. 56.357 and SECTION 11). The bill sets forth provisions relating to the eligibility requirements and considerations in selecting applicants for the alternative program. The bill provides that the amount of a grant under the alternative program is equal to two times the current amount of a TEXAS grant for a student enrolled in a general academic teaching institution and authorizes THECB to pay the amount of the grant in installments. The bill sets forth provisions relating to the fulfillment of the teaching obligation, a promissory note for a grant, the repayment of a grant of a person who fails to fulfill the teaching obligation, and under what conditions a grant automatically becomes a loan. The bill also sets forth provisions relating to the alternative program's time period of the teaching obligation and the cancellation of the teaching obligation. The bill requires THECB to consult with SBEC in establishing the alternative program and to work jointly with SBEC, other state agencies involved with public education, and other interested public and private entities to conduct outreach to educate potential participants about the alternative program (Sec. 56.357). The bill provides that for a person to be eligible for the repayment program by having completed at least one year of employment as a full-time classroom teacher at the preschool, primary, or secondary level in a public school in this state in an area or field of acute teacher shortage as designated by the commissioner of education, the person must be currently employed in that position. To receive assistance under the repayment program, a person must not have previously received financial assistance under the program or the former Teach for Texas grant program. The bill requires THECB to give priority in granting repayment assistance to persons who received repayment assistance for classroom teachers for the preceding school year (Sec. 61.702). The bill sets forth provisions regarding the calculation of the minimum amount of repayment assistance that may be awarded to persons eligible for classroom teacher repayment assistance and to persons who qualify for repayment assistance for border institution faculty (Sec. 61.705). The bill removes the requirement that THECB adopt rules to set a minimum or maximum amount of repayment assistance that may be received in one year by a person eligible for repayment assistance for classroom teachers (Sec. 61.708). EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.S.B. 1595 differs from the original by authorizing the Texas Education Agency (TEA) to establish statewide initiatives for teacher recruitment, retention, and recognition. The substitute authorizes TEA to use available revenue, and solicit and accept gifts grants, and donations to support these initiatives (Sec. 7.025). The substitute requires the State Board for Educator Certification (SBEC) to advise the Texas Higher Education Coordinating Board (THECB) regarding the Teach for Texas Alternative Certification Assistance Program (alternative program). The bill authorizes SBEC to encourage through financial incentives the creation and expansion of educator preparation programs, including the alternative program (Sec 21.551). The substitute also decreases from five to four the number of years which a person must agree to teach in this state in a field experiencing a critical shortage of teachers in order to be eligible for a grant under the alternative program. The substitute requires THECB to consult with SBEC in establishing the alternative program and to work with SBEC and other entities in conducting outreach to educate potential participants about the alternative program (Sec. 56.357). The substitute provides that a person who receives a Teach for Texas grant must complete the teaching obligation not later than the fifth rather than the sixth year after the date the person begins to fulfill the teaching obligation (Sec. 56.356). The substitute decreases from five to four the number of years which a person must agree to teach at the preschool, primary, or secondary level in a public school in this state in order to be eligible for a Teach for Texas grant (Sec. 56.353).