79S10339 CAS-D
By: Alonzo H.B. No. 57
A BILL TO BE ENTITLED
AN ACT
relating to a grant program to assist certain persons to become
certified to teach in bilingual education programs and to teach in
public schools with a shortage of certified bilingual education
teachers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 56, Education Code, is amended by adding
Subchapter R to read as follows:
SUBCHAPTER R. BILINGUAL EDUCATION CERTIFICATION GRANT PROGRAM
Sec. 56.501. DEFINITIONS. In this subchapter:
(1) "Bilingual education program" means a bilingual
education program provided under Subchapter B, Chapter 29.
(2) "Coordinating board" means the Texas Higher
Education Coordinating Board.
(3) "General academic teaching institution," "private
or independent institution of higher education," "public junior
college," and "recognized accrediting agency" have the meanings
assigned by Section 61.003.
(4) "Program" means the bilingual education
certification grant program.
Sec. 56.502. ESTABLISHMENT OF PROGRAM. The coordinating
board shall establish a program to:
(1) provide to institutions of higher education
participating in the program grants to assist students
participating in the program with the costs of educator preparation
necessary for certification to teach in a bilingual education
program in a public elementary or secondary school in this state;
and
(2) facilitate the employment of those students by
certain public elementary or secondary schools in this state that
have shortages of teachers certified to teach in the schools'
bilingual education programs.
Sec. 56.503. ELIGIBILITY OF INSTITUTIONS AND STUDENTS TO
PARTICIPATE IN PROGRAM. (a) An institution of higher education is
eligible to participate in the program only if the institution:
(1) is a:
(A) general academic teaching institution; or
(B) private or independent institution of higher
education that offers four-year degree programs; and
(2) offers an educator preparation program to prepare
students for certification to teach in a bilingual education
program.
(b) A student is eligible to participate in the program only
if the student:
(1) has completed at least 60 semester credit hours of
course work toward an associate degree at a public junior college or
a junior college accredited by a recognized accrediting agency;
(2) has been admitted into an educator preparation
program at an institution of higher education participating in the
bilingual education certification grant program for the student to
become prepared for certification to teach in a bilingual education
program;
(3) is fluent in both English and another language
used in a bilingual education program in a public elementary or
secondary school described by Section 56.507(2);
(4) has stated in the student's application for the
program that the student is willing to enter into an agreement under
Section 56.507; and
(5) satisfies any other criteria for selection
prescribed by the coordinating board, the State Board for Educator
Certification, or the governing board of the institution that has
admitted the student.
Sec. 56.504. APPLICATION PROCESS FOR INSTITUTIONS;
INFORMATION. (a) The coordinating board shall develop an
application that an institution of higher education must use to
apply to participate in the program.
(b) Based on the criteria described by Section 56.503(a) and
any other criteria prescribed by coordinating board rule, the
coordinating board shall select, from among eligible institutions
of higher education applying to the coordinating board under this
section, institutions to participate in the program.
(c) Each application of an institution must be submitted in
a timely manner in the form the coordinating board requires and
contain the information the coordinating board requires.
(d) The coordinating board and the State Board for Educator
Certification shall distribute the applications and information
regarding the program to eligible institutions.
Sec. 56.505. APPLICATION PROCESS FOR STUDENTS;
INFORMATION. (a) Each institution of higher education
participating in the program shall develop an application form that
a student must use to apply to participate in the program at the
institution. The form must require a statement described by
Section 56.503(b)(4) to be included in the application.
(b) Based on the criteria described by Section 56.503(b), an
institution of higher education participating in the program shall
select, from among eligible students applying to the institution
under this section, students to participate in the program at the
institution.
(c) Each student application must be submitted in a timely
manner in the form the institution requires and contain the
information the institution requires.
(d) Each institution participating in the program and the
State Board for Educator Certification shall distribute the
applications and information regarding the program to eligible
students.
Sec. 56.506. LIMITATION ON IMPLEMENTATION. An institution
of higher education participating in the program may not select a
student to participate in the program unless the institution has
sufficient money to pay to the student a grant as provided by
Section 56.508.
Sec. 56.507. AGREEMENT. A student selected to participate
in the program must enter into a written agreement with the
appropriate participating institution of higher education under
which the student agrees to:
(1) obtain, within the period the coordinating board
by rule requires, certification to teach in a bilingual education
program;
(2) accept, during the first school year that begins
after the date the student becomes certified, an offer of full-time
employment to teach in a bilingual education program in a public
elementary or secondary school in this state that:
(A) has a shortage of teachers certified to teach
bilingual education; and
(B) is located in a regional education service
center region in which at least 25,000 students are students of
limited English proficiency, as defined by Section 29.052, who are
eligible to be enrolled in an elementary grade-level bilingual
education program, but who cannot be served in an elementary
grade-level bilingual education program because of a shortage of
appropriately certified teachers; and
(3) maintain for at least two years the employment
described by Subdivision (2).
Sec. 56.508. GRANT. (a) Subject to Subsection (b), the
coordinating board shall provide to each institution of higher
education participating in the program, for each student
participating in the program at the institution:
(1) if the student is attending a general academic
teaching institution, a total grant amount equal to the amount of
tuition and mandatory fees for educator preparation program course
work required for the student to earn a baccalaureate degree and be
certified to teach in a bilingual education program; and
(2) if the student is attending a private or
independent institution of higher education, a total grant amount
determined by the coordinating board to be equal to the average
statewide amount of tuition and mandatory fees that a resident
student would be charged under Chapter 54 in an educator
preparation program at a general academic teaching institution for
the course work required for the student to earn a baccalaureate
degree and be certified to teach in a bilingual education program.
(b) A grant under this section:
(1) may be used only for covering the costs of tuition
and mandatory fees of a participating student in an educator
preparation program;
(2) may not provide for payment for more than 36
semester credit hours per academic year; and
(3) is payable until the student completes the
educator preparation program.
(c) The coordinating board shall provide for making a grant
payment under Subsection (a) directly to the appropriate
participating institution of higher education. The coordinating
board may not make a grant payment for a number of semester credit
hours greater than the number of semester credit hours for which the
student recipient is registered during the semester or other
academic term for which the grant payment is used. If a student
participating in the program does not complete a course for which
the coordinating board provided grant money under the program, the
institution of higher education shall pay to the coordinating board
any amount of refund due for the course.
Sec. 56.509. REIMBURSEMENT. (a) A student participating
in the program who fails to obtain certification or employment as
required in the agreement under Section 56.507 or who voluntarily
leaves or is terminated for cause from the employment after
teaching for less than two years in a bilingual education program
described by Section 56.507(2) shall reimburse the coordinating
board for the portion of the grant that bears the same ratio to the
amount of the grant as the unserved portion of required service
bears to the two years of required service.
(b) The obligation to reimburse the coordinating board
under this section is, for all purposes, a debt to the state. A
discharge in bankruptcy under Title 11, United States Code, does
not release the student from the obligation to reimburse the
coordinating board. The amount owed bears interest at the rate
equal to the highest rate being paid by the United States on the day
the reimbursement is determined to be due for securities that have
maturities of 90 days or less, and the interest accrues from the day
the student receives notice of the amount due.
(c) For purposes of this section, a student participating in
the program is not considered to be in violation of an agreement
under Section 56.507 during any period in which the student:
(1) is pursuing a full-time course of study that is
related to the field of teaching at a public or private institution
of higher education and approved by the State Board for Educator
Certification;
(2) is serving on active duty as a member of the armed
forces of the United States;
(3) is temporarily totally disabled for a period not
to exceed three years as established by sworn affidavit of a
qualified physician;
(4) is unable to secure employment for a period not to
exceed one year because of care required by a disabled spouse;
(5) is seeking and unable to find full-time employment
as a teacher in a bilingual education program described by Section
56.507(2) for a single period not to exceed 27 months; or
(6) satisfies the provisions of any additional
reimbursement exception adopted by the coordinating board.
(d) A student participating in the program is excused from
reimbursement under Subsection (a) if:
(1) the student becomes permanently totally disabled
as established by sworn affidavit of a qualified physician; or
(2) the coordinating board waives reimbursement in the
case of extreme hardship to the student.
Sec. 56.510. RULES. The coordinating board and the State
Board for Educator Certification shall adopt rules as necessary to
administer this subchapter.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect on the 91st day after the last day of the
legislative session.