By: Patrick, Dan, et al. S.B. No. 1488

Substitute the following for S.B. No. 1488:

By: Brown of BrazosC.S.S.B. No. 1488C.S.S.B. No. 1488 Brown of Brazos C.S.S.B. No. 1488

A BILL TO BE ENTITLED

AN ACT

relating to the Texas Teach Corps student loan repayment assistance program for certain classroom teachers who teach academic subjects in public schools in this state that have a shortage of teachers in academic subjects.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 61, Education Code, is amended by adding Subchapter FF to read as follows: SUBCHAPTER FF. TEXAS TEACH CORPS STUDENT LOAN REPAYMENT ASSISTANCE PROGRAM

Sec. 61.9831. TEXAS TEACH CORPS PROGRAM; LOAN REPAYMENT ASSISTANCE AUTHORIZED. (a) The board shall establish and administer the Texas Teach Corps student loan repayment assistance program.

(b) Under the program, the board may provide, in accordance with this subchapter and board rules, assistance in the repayment of eligible student loans for eligible persons employed as full-time teachers teaching academic subjects in public schools in this state that are determined by the Texas Education Agency to have a shortage of teachers in academic subjects.

Sec. 61.9832. ELIGIBILITY. (a) To be eligible to receive loan repayment assistance under this subchapter, a person must:

(1) apply for the loan repayment assistance as provided by Section 61.9833 and the rules adopted under this subchapter;

(2) have earned a baccalaureate degree through completion of an educator preparation program approved by the State Board for Educator Certification and provided by a public or private institution of higher education in this state;

(3) obtain, within the period required by board rule, appropriate certification under Subchapter B, Chapter 21, to teach in a public school in this state;

(4) beginning with the first school year that begins after the date the person obtains the appropriate certification described by Subdivision (3), be employed full-time as a teacher in a public school in this state selected by the person from among schools anticipated by the Texas Education Agency to have a shortage of teachers in academic subjects for that first school year for which the person is employed;

(5) teach, for not less than four hours each school day, a subject designated as an academic subject by Texas Education Agency rule adopted as provided by Section 61.9834;

(6) beginning with the school year described by Subdivision (4), be employed full-time as a teacher for four consecutive school years in one or more public schools in this state selected by the person from among schools anticipated by the Texas Education Agency to have a shortage of teachers in academic subjects for the person's applicable year of employment by the school;

(7) beginning with the school year immediately following the last of the four consecutive school years described by Subdivision (6), be employed full-time as a teacher for four additional consecutive school years in any public school in this state; and

(8) comply with any other requirement adopted by the board under this subchapter.

(b) For purposes of Subsection (a)(6), if a person is employed as a teacher in a public school anticipated to have a shortage of teachers in academic subjects in the first year of employment, each subsequent year of continuous employment as a teacher in that school is considered to be employment in a school anticipated to have such a shortage of teachers in that subsequent year, regardless of whether the Texas Education Agency anticipated that the school would have a shortage of teachers in that year.

Sec. 61.9833. AMOUNT OF ASSISTANCE; APPLICATION. (a) For the first school year of employment and each following consecutive school year of employment as described by Section 61.9832, not to exceed a total of eight years, the board may provide assistance for the repayment of a portion of an eligible person's eligible loans. The board may not provide assistance for any year in which the person is not employed as authorized by Section 61.9835.

(b) Subject to the availability of funding under Section 61.9838 and except as otherwise provided by this subsection, if the board provides loan repayment assistance under this subchapter, the amount of an assistance payment provided under this subchapter in any year to an eligible person is $5,000. The board shall increase that amount as necessary to adjust for inflation or, as determined necessary by the board, on the basis of other relevant considerations. The board shall reduce the amount of an assistance payment or refrain from making an assistance payment to an eligible person as necessary to avoid making total assistance payments under this subchapter to the person in an amount greater than the total amount of principal and interest due on the person's eligible loans.

(c) A person must apply for loan repayment assistance each year that the person seeks that assistance under this subchapter.

Sec. 61.9834. DETERMINATION OF SCHOOLS ANTICIPATED TO HAVE TEACHER SHORTAGE. (a) For purposes of this subchapter, not later than April 1 of each school year, the Texas Education Agency shall determine which public schools in this state are anticipated to have a shortage of teachers during the following school year and shall provide that information to the board and to each educator preparation program in this state accredited by the State Board for Educator Certification.

(b) In making the determination required by Subsection (a), the agency shall consider the availability of teachers for only those subjects designated by agency rule as academic subjects. In making those designations, the agency may not consider athletics, physical education, art, or music, including band, as academic subjects.

Sec. 61.9835. EXCEPTION TO CONSECUTIVE YEARS OF EMPLOYMENT REQUIREMENT. The board shall excuse an otherwise eligible person from the requirement imposed by Section 61.9832 that the employment be performed in consecutive years if the break in employment is a result of the person's:

(1) full-time enrollment in a course of study that is related to the field of teaching, approved by the State Board for Educator Certification, and provided by a public or private institution of higher education in this state;

(2) service on active duty as a member of the armed forces of the United States, including as a member of a reserve force or National Guard called to active duty;

(3) temporary total disability for a period of not more than 36 months as established by the affidavit of a qualified physician;

(4) inability to secure employment as required by Section 61.9832 for a period not to exceed 12 months, because of care required by a disabled spouse or child; or

(5) satisfaction of the provisions of any other exception adopted by the board for purposes of this section.

Sec. 61.9836. ELIGIBLE LOANS. (a) The board may provide under this subchapter repayment assistance for the repayment of any student loan that:

(1) is for education at a public or private institution of higher education; and

(2) is received by an eligible person through an eligible lender.

(b) If the loan is not a state or federal guaranteed student loan, the note or other writing governing the terms of the loan must require the loan proceeds to be used for expenses incurred by a person in attending a public or private institution of higher education.

(c) The board may not provide loan repayment assistance under this subchapter for a student loan that is in default at the time of the classroom teacher's application for repayment assistance.

Sec. 61.9837. PAYMENT OF ASSISTANCE. (a) The board shall pay any loan repayment assistance under this subchapter in a lump sum payable to the holder of the loan and the eligible person, in accordance with any applicable federal law.

(b) Loan repayment assistance provided under this subchapter may be applied to any amount due on the loan.

(c) The board may grant prior conditional approval of loan repayment assistance if a person establishes eligibility under Sections 61.9832(a)(1), (2), and (3) and may reserve money to be disbursed on completion of one or more years of employment as required by the other provisions of Section 61.9832.

(d) Each state fiscal biennium, the board shall attempt to allocate all money available to the board for the purpose of providing loan repayment assistance under this subchapter.

Sec. 61.9838. FUNDING. In addition to money appropriated by the legislature for purposes of this subchapter, the board may solicit and accept gifts, grants, and donations from any public or private entity for purposes of this subchapter.

Sec. 61.9839. TOTAL AMOUNT OF LOAN REPAYMENT ASSISTANCE UNDER PROGRAM. The total amount of loan repayment assistance paid by the board under this subchapter may not exceed the total amount of money available under Section 61.9838 for that purpose and any other money that the board is legally authorized to use for purposes of this subchapter.

Sec. 61.9840. RULES. If the board provides loan repayment assistance under this subchapter, the board shall:

(1) adopt rules necessary for the administration of this subchapter, including a rule providing for the manner in which a person may apply for repayment assistance; and

(2) distribute to each educator preparation program approved by the State Board for Educator Certification offered by a public or private institution of higher education in this state a copy of the rules adopted under this section.

SECTION 2. Not later than December 31, 2007, the Texas Higher Education Coordinating Board and the Texas Education Agency shall adopt rules for the Texas Teach Corps student loan repayment assistance program under Subchapter FF, Chapter 61, Education Code, as added by this Act.

SECTION 3. 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.