80R1420 CAE-D

By: Alonzo H.B. No. 238

A BILL TO BE ENTITLED

AN ACT

relating to a 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 21, Education Code, is amended by adding Subchapter P to read as follows: SUBCHAPTER P. BILINGUAL EDUCATION CERTIFICATION PROGRAM

Sec. 21.751. DEFINITIONS. In this subchapter:

(1) "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.

(2) "Program" means the Bilingual Education Certification Program.

Sec. 21.752. ESTABLISHMENT OF PROGRAM. The agency shall establish a program to:

(1) assist persons who have completed at least 60 semester credit hours of course work toward an associate degree at a junior college to obtain 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 persons by a public elementary or secondary school in this state that has a shortage of teachers certified to teach in the school's bilingual education program and that is located in a regional educational service center region that has a severe shortage of such teachers as described by Section 21.757(2)(B).

Sec. 21.753. ELIGIBILITY. A person is eligible for the program only if the person:

(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 in this state to be prepared for certification to teach in a bilingual education program;

(3) is able to use, with equal fluency, English and another language used in a bilingual education program in this state in a public elementary or secondary school described by Section 21.757(2);

(4) has stated on the person's application for the program that the person is willing to enter into an agreement under Section 21.757; and

(5) satisfies any other criteria for selection jointly prescribed by the agency and the State Board for Educator Certification.

Sec. 21.754. INFORMATION AND APPLICATIONS. (a) The agency shall develop an application for the program.

(b) The application must provide for a statement described by Section 21.753(4) to be included.

(c) The agency and the State Board for Educator Certification shall distribute the applications and information regarding the program.

Sec. 21.755. SELECTION OF PARTICIPANTS. (a) The agency shall select persons to participate in the program on the basis of applications submitted to the agency.

(b) Each application must be submitted:

(1) in the form and contain the information the agency requires; and

(2) in a timely manner.

Sec. 21.756. LIMITATION ON IMPLEMENTATION. The agency may not select a person to participate in the program unless the agency has sufficient state appropriations to pay the stipend.

Sec. 21.757. AGREEMENT. A person selected to participate in the program must enter into a written agreement with the agency under which the person agrees to:

(1) obtain, within the period the agency by rule requires, certification to teach in a bilingual education program in a public elementary or secondary school in this state;

(2) accept, during the first school year that begins after the date the person 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 a bilingual education program under Subchapter B, Chapter 29, but cannot be served in a bilingual education program because of a shortage of teachers certified to teach in a bilingual education program; and

(3) take any action necessary to ensure that the agency receives any refund to which the agency is entitled under Section 21.758(c).

Sec. 21.758. GRANT. (a) Subject to Subsection (b), the agency shall provide for each participant in the program:

(1) if the participant 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 participant to earn a baccalaureate degree and be certified to teach in a bilingual education program in a public elementary or secondary school in this state; and

(2) if the participant is attending a private or independent institution of higher education, a total grant amount determined by the Texas Higher Education 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 participant to earn a baccalaureate degree and be certified to teach in a bilingual education program in a public elementary or secondary school in this state.

(b) A grant under this section:

(1) may not provide for payment for more than 30 semester credit hours per academic year; and

(2) is payable until the participant completes the educator preparation program.

(c) The agency shall provide for making a grant payment under Subsection (a) directly to the appropriate institution of higher education. The agency 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 is registered during a semester. If a program participant does not complete a course for which the agency paid under the program and the institution of higher education provides a partial or full refund, the agency is entitled to the refund. The commissioner and the commissioner of higher education jointly shall ensure that tuition refunds are paid to the agency in accordance with this subsection, including jointly consulting with private or independent institutions of higher education as necessary.

Sec. 21.759. REIMBURSEMENT. (a) A participant in the program who fails to obtain certification or employment as required in the agreement under Section 21.757 or who voluntarily leaves or is terminated for cause from the employment after teaching for less than two years in a bilingual education program of a public elementary or secondary school described by Section 21.757(2) shall reimburse the agency 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 agency under this section or to reimburse the agency for any refund improperly paid to a participant under Section 21.758 is, for all purposes, a debt to the state. A discharge in bankruptcy under Title 11, United States Code, does not release a participant from the obligation to reimburse the agency. 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 participant receives notice of the amount due.

(c) For purposes of this section, a participant in the program is not considered to be in violation of an agreement under Section 21.757 during any period in which the participant:

(1) is pursuing a full-time course of study related to the field of teaching at a public or private institution of higher education 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 in a public elementary or secondary school described by Section 21.757(2) for a single period not to exceed 27 months; or

(6) satisfies the provisions of any additional reimbursement exception adopted by the agency.

(d) A participant is excused from reimbursement under Subsection (a) if:

(1) the participant becomes permanently totally disabled as established by affidavit of a qualified physician; or

(2) the agency waives reimbursement in the case of extreme hardship to the participant.

Sec. 21.76 0. RULES. The commissioner 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 September 1, 2007.