1-1 By: Delisi (Senate Sponsor - Shapiro) H.B. No. 704 1-2 (In the Senate - Received from the House May 11, 2001; 1-3 May 11, 2001, read first time and referred to Committee on 1-4 Education; May 11, 2001, reported favorably by the following vote: 1-5 Yeas 7, Nays 0; May 11, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the Careers to Classrooms Program. 1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-10 SECTION 1. Chapter 21, Education Code, is amended by adding 1-11 Subchapter M to read as follows: 1-12 SUBCHAPTER M. CAREERS TO CLASSROOMS PROGRAM 1-13 Sec. 21.601. DEFINITIONS. In this subchapter: 1-14 (1) "Institution of higher education" has the meaning 1-15 assigned by 20 U.S.C. Section 1001 and its subsequent amendments. 1-16 (2) "Program" means the Careers to Classrooms Program. 1-17 Sec. 21.602. ESTABLISHMENT OF PROGRAM. The agency shall 1-18 establish a program to: 1-19 (1) assist persons in obtaining certification in this 1-20 state as elementary or secondary school teachers or educational 1-21 aides; and 1-22 (2) facilitate the employment of those persons by 1-23 school districts in this state that: 1-24 (A) receive grants under 20 U.S.C. Section 6311 1-25 et seq. and its subsequent amendments on the basis of having in the 1-26 district concentrations of children who are educationally 1-27 disadvantaged; and 1-28 (B) have a shortage of: 1-29 (i) qualified teachers, particularly 1-30 science, mathematics, computer science, or engineering teachers; or 1-31 (ii) educational aides. 1-32 Sec. 21.603. ELIGIBILITY. A person is eligible for the 1-33 program if: 1-34 (1) in the case of a person planning to become 1-35 certified in this state as a public elementary or secondary school 1-36 teacher, the person has received a baccalaureate or advanced degree 1-37 from an institution of higher education; and 1-38 (2) in the case of a person planning to become 1-39 certified in this state as an educational aide, the person has 1-40 received an associate, baccalaureate, or advanced degree from an 1-41 institution of higher education. 1-42 Sec. 21.604. INFORMATION AND APPLICATIONS. (a) The agency 1-43 shall develop an application for the program. 1-44 (b) The agency and the State Board for Educator 1-45 Certification shall distribute the applications and information 1-46 regarding the program. 1-47 Sec. 21.605. SELECTION OF PARTICIPANTS. (a) The agency 1-48 shall select persons to participate in the program on the basis of 1-49 applications submitted to the agency. 1-50 (b) Each application must be submitted: 1-51 (1) in the form and contain the information the agency 1-52 requires; and 1-53 (2) in a timely manner. 1-54 Sec. 21.606. PREFERENCES. (a) In selecting persons to 1-55 participate in the program who are planning to become certified in 1-56 this state as teachers, the agency shall give preference to a 1-57 person who: 1-58 (1) has substantial, demonstrated career experience in 1-59 science, mathematics, computer science, or engineering and agrees 1-60 to seek employment as a teacher in one of those subjects in a 1-61 public elementary or secondary school in this state; or 1-62 (2) has substantial, demonstrated career experience in 1-63 a field other than science, mathematics, computer science, or 1-64 engineering that is identified by the agency as a field important 2-1 for state educational objectives and agrees to seek employment as a 2-2 teacher in a subject related to that field in a public elementary 2-3 or secondary school in this state. 2-4 (b) The commissioner shall determine the level of experience 2-5 considered substantial for purposes of this section. 2-6 Sec. 21.607. AGREEMENT. (a) A person selected to 2-7 participate in the program who is planning to become certified as a 2-8 teacher must enter into a written agreement with the agency under 2-9 which the person agrees to: 2-10 (1) obtain, within the period the agency by rule 2-11 requires, certification in this state as an elementary or secondary 2-12 school teacher; and 2-13 (2) accept, during the first school year that begins 2-14 after the date the person becomes certified, an offer of full-time 2-15 employment for at least two school years as an elementary or 2-16 secondary school teacher with a school district described by 2-17 Sections 21.602(2)(A) and (B)(i). 2-18 (b) A person selected to participate in the program who is 2-19 planning to become certified as an educational aide must enter into 2-20 a written agreement with the agency under which the person agrees 2-21 to: 2-22 (1) obtain, within the period the agency by rule 2-23 requires, certification in this state as an educational aide; and 2-24 (2) accept, during the first school year that begins 2-25 after the date the person becomes certified, an offer of full-time 2-26 employment for at least two school years as an educational aide 2-27 with a school district described by Sections 21.602(2)(A) and 2-28 (B)(ii). 2-29 Sec. 21.608. STIPEND. The agency shall pay to each 2-30 participant in the program a stipend equal to the lesser of: 2-31 (1) $5,000; or 2-32 (2) an amount equal to the total costs of the type 2-33 described by Paragraphs (1), (2), (3), (8), and (9), 20 U.S.C. 2-34 Section 1087ll, and its subsequent amendments, incurred by the 2-35 person while obtaining certification in this state as a teacher or 2-36 educational aide and employment as a teacher or educational aide at 2-37 a public elementary or secondary school in this state. 2-38 Sec. 21.609. REIMBURSEMENT. (a) A participant in the 2-39 program who fails to obtain certification or employment as required 2-40 by the agreement under Section 21.607 or who voluntarily leaves or 2-41 is terminated for cause from employment after teaching in a public 2-42 elementary or secondary school in this state for less than two 2-43 school years shall reimburse the agency for the portion of the 2-44 stipend that bears the same ratio to the amount of the stipend as 2-45 the unserved portion of required service bears to the two school 2-46 years of required service. 2-47 (b) The obligation to reimburse the agency under this 2-48 section is, for all purposes, a debt to the state. A discharge in 2-49 bankruptcy under Title 11, United States Code, does not release a 2-50 participant from the obligation to reimburse the agency. The 2-51 amount owed bears interest at the rate equal to the highest rate 2-52 being paid by the United States on the day the reimbursement is 2-53 determined to be due for securities that have maturities of 90 days 2-54 or less, and the interest accrues from the day the participant 2-55 receives notice of the amount due. 2-56 (c) For purposes of this section, a participant in the 2-57 program is not considered to be in violation of an agreement under 2-58 Section 21.607 during any period in which the participant: 2-59 (1) is pursuing a full-time course of study related to 2-60 the field of teaching at an institution of higher education 2-61 approved by the State Board for Educator Certification; 2-62 (2) is serving on active duty as a member of the armed 2-63 forces of the United States; 2-64 (3) is temporarily totally disabled for a period not 2-65 to exceed three years as established by affidavit of a qualified 2-66 physician; 2-67 (4) is unable to secure employment for a period not to 2-68 exceed one year because of care required by a disabled spouse; 2-69 (5) is seeking and unable to find full-time employment 3-1 as a teacher in a public elementary or secondary school for a 3-2 single period not to exceed 27 months; or 3-3 (6) satisfies the provisions of any additional 3-4 reimbursement exception adopted by the agency. 3-5 (d) A participant is excused from reimbursement under 3-6 Subsection (a) if the participant becomes permanently totally 3-7 disabled as established by affidavit of a qualified physician. The 3-8 agency may waive reimbursement for some or all of the amount owed 3-9 in the case of extreme hardship to the participant. 3-10 Sec. 21.610. GRANTS TO FACILITATE PLACEMENT. (a) The agency 3-11 may enter into an agreement as prescribed by Subsection (b) with a 3-12 school district described by Section 21.602(2) that first employs 3-13 as a full-time elementary or secondary school teacher or 3-14 educational aide after certification a person participating in the 3-15 program. 3-16 (b) An agreement under this section must provide that: 3-17 (1) the school district agrees to employ the person 3-18 full-time for at least two school years at a specified salary in a 3-19 district school that: 3-20 (A) serves a concentration of children who are 3-21 educationally disadvantaged; and 3-22 (B) has an exceptional need for teachers or 3-23 educational aides, as applicable; and 3-24 (2) the state shall pay the district for that person 3-25 $5,000 each year for not more than two years. 3-26 Sec. 21.611. RULES. The commissioner shall adopt rules to 3-27 implement this subchapter. 3-28 SECTION 2. This Act takes effect September 1, 2001. 3-29 * * * * *