SRC-CTC, MKV C.S.S.B. 1595 77(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1595
77R10450 JSA-DBivins
Education
3/22/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

In 1999, the 76th Legislature established the Teach for Texas Conditional
Grant (TTCG) within the TEXAS Grant program as an incentive for Texas
students to pursue teaching as a profession.  After the initial awards were
made, the Senate Education Committee and the TEXAS Grant Oversight
Committee identified several needed refinements in the program.  C.S.S.B.
1595 addresses the issues identified during the interim by, among other
things, moving TTCG out of the TEXAS Grant program and into a newly created
subchapter. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Higher Education
Coordinating Board in SECTION 1 (Section 56.353, Education Code) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Redesignates Section 56.309, Education Code, as Chapter 56O,
Education Code, and amends 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.  Changes language to
provide that the purpose of this subchapter, rather than the Teach for
Texas grant program, is to attract to the teaching profession persons who
have expressed interest in teaching and to support the certification of
those persons as classroom teachers by providing grants on the condition
that the recipient serve as a classroom teacher in the public schools of
this state for a specified period. 

Sec. 56.353.  ELIGIBILITY FOR GRANT; TEACHING AGREEMENT.  (a) Deletes
language relating to a Teach for Texas grant only being available to a
person who receives a TEXAS grant under Section 56.304 or 56.305 or applies
for a Teach for Texas tuition grant. Adds language to provide that in order
to be eligible for a Teach for Texas grant a person is required to apply
for a grant and be seeking educator certification; be enrolled in an
eligible institution of higher education in this state as a junior or
senior in a baccalaureate degree program or in the person's first academic
year in an educator certification program after receiving a baccalaureate
degree; making satisfactory progress toward completion of the person's
educator certification program; and satisfy certain other criteria. 

(b) Requires the Texas Higher Education Coordinating Board (board), in
awarding Teach for Texas grants, to give priority to applicants whose
expected family contribution and demonstrated financial need, as determined
by the financial aid office of the institution the applicant attends, does
not exceed the applicant's cost of  attendance. 

(c) Requires the board, if the money available for grants in a period for
which grants are awarded exceeds the amount needed to provide grants to all
eligible applicants described by Subsection (b), to awards grants from the
remaining money to additional eligible applicants.  Requires the board to
prescribe by rule the eligibility requirements for these applicants based
on the factors that the board considers appropriate to further the purposes
of this subchapter. 

(d) Requires the 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 award grants among those
applicants according to financial need. 

(e) Prohibits a person from receiving Teach for Texas tuition grants 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 felony or an offense under
Chapter 481 (Texas Controlled Substances Act), Health and Safety Code, 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 subchapter and has
met certain other requirements. 

(g) Provides that for the purpose of this section, a person makes
satisfactory academic progress toward completion of an educator
certification program if the person completes at least 75 percent of the
semester credit hours attempted in the student's most recent academic year,
and earns an overall grade point average of at least 2.5 on a four-point
scale or the equivalent on coursework previously attempted at institutions
of higher education. 

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 language relating to other
requirements for a person to receive a Teach for Texas 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 the number of semesters in which a typical full-time
student would complete the recipient's educator certification program.
Sets forth provisions for determining the amount of a Teach for Texas grant
for a semester or term. 

Sec. 56.355.  ELIGIBILITY FOR TEXAS GRANT NOT AFFECTED.  Authorizes a
person to receive both a TEXAS grant under Subchapter M 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 one or more Teach for Texas grants to begin fulfilling
the teaching obligation of the person's grants not later than the 18th
month after the person completes the educator certification for which the
person received the grants, unless the board grants the person additional
time to begin fulfilling the teaching obligation.  Deletes language
relating to the person completing the degree program and any related
courses required for teacher certification. 

(d) Redesignated from existing Subsection (g).  Adds language relating to a
person repaying the outstanding amount, rather than amount, of the grant
plus applicable  interest and reasonable collection costs if the person
does not satisfy the applicable conditions. 

  (f) Redesignated from existing Subsection (i).  Makes conforming changes.

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

  (b) Sets forth provisions for eligibility for a grant under this program.

(c) Provides that a person is not eligible to receive a Teach for Texas
grant if the person has been convicted of a felony or an offense under
Chapter 481 (Texas Controlled Substances Act), Health and Safety Code, 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 subchapter and has
met certain other requirements. 

(d) Requires the board to consider certain information in selecting
applicants to receive grants under the program. 

(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 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
obligation.  Requires the board to grant a person additional time to
complete the obligation for good cause. 

(g) Requires the board to cancel a person's teaching obligation if the
board determines that the person has become permanently disabled so that
the person is not able to teach or has died. 

(h) Requires the 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 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 proportion of the teaching obligation that the person has
not satisfied. 

(j) Sets forth provisions determining when a person has failed to satisfy
the conditions of the grant. 

Sec. 56.358.  FUNDING; ALLOCATION OF FUNDING.  (a) Authorizes the 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 2.  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 3.  Amends Section 56.308(b), to delete reference to the TEXAS
grant Teach for Texas grant programs being established under this
subchapter. 

SECTION 4.  Amends Section 56.311, Education Code, to make conforming
changes. 

SECTION 5.  Amends Section 11.252(a), Education Code, to make a conforming
change. 

SECTION 6.  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 with the board and meet certain
requirements. 

(b) Provides that a person is not eligible for repayment assistance for
classroom teachers under this subsection if the person has received a Teach
for Texas grant or other financial assistance under Chapter 56O, or under
former Section 56.309. 

(c) Requires the board to give priority in granting repayment assistance
for classroom teachers to a person who received repayment assistance 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 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 that a person apply to the board and meet certain
requirements in order to be eligible to receive repayment assistance for
border institution faculty. 

SECTION 7.  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 $1,000 or the amount of principal and
accrued interest that is due on eligible loans in that year. 

(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 in one year to a person who qualifies for the assistance under
Section 61.7021 is 50 percent of the amount of principal and accrued
interest that is due on eligible loans that year. 

SECTION 8.  Amends Section 61.708(a), Education Code, to delete language
relating the board adopting a rule that sets a minimum or maximum amount of
repayment assistance that may be received  in one year by a person
described by Section 61.702(1), and to make a conforming change. 

SECTION 9.  (a) Requires the 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. 

(b) Requires the 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 10.  Effective date: upon passage or September 1, 2001.

SUMMARY OF COMMITTEE CHANGES

Differs from original in SECTION 1 as follows:

  _In Section 56.351, Education Code, it changes the phrase "'eligible
institution'" to "eligible institution of higher education.'" 
 
  _In Section 56.354 it changes the heading from "Amount of Grant; Total
Amount of Grants" to "Amount of Grant; Payment of Grant."  Changes language
in Subsection (a) to provide that 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.  Changes language in
Subsection (b) to require 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 certain factors.  Changes language
to authorize the coordinating board to adjust the amount of a grant to
ensure that a recipient who completes the educator certification program
receives the total amount of the recipient's grant. 

  _In Section 56.357 it adds a new Subsection (c) to provide that a person
is not eligible to receive a Teach for Texas grant if the person has been
convicted of a felony or an offense under Chapter 481 (Texas Controlled
Substances Act), Health and Safety Code, 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 subchapter and has met certain other
requirements.  Adds a new Subsection (e) to provide 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 and 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.
Reletters subsequent subsections after new Subsection (c) accordingly.