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A BILL TO BE ENTITLED
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AN ACT
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relating to a program to assist certain persons to become certified |
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to teach in bilingual education programs and to teach in public |
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schools with a shortage of certified bilingual education teachers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 21, Education Code, is amended by adding |
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Subchapter Q to read as follows: |
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SUBCHAPTER Q. BILINGUAL EDUCATION CERTIFICATION PROGRAM |
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Sec. 21.801. DEFINITIONS. In this subchapter: |
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(1) "General academic teaching institution," "private |
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or independent institution of higher education," "public junior |
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college," and "recognized accrediting agency" have the meanings |
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assigned by Section 61.003. |
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(2) "Program" means the Bilingual Education |
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Certification Program. |
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Sec. 21.802. ESTABLISHMENT OF PROGRAM. The agency shall |
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establish a program to: |
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(1) assist persons who have completed at least 60 |
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semester credit hours of course work toward an associate degree at a |
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junior college to earn a baccalaureate degree and be certified to |
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teach in a bilingual education program in a public elementary or |
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secondary school in this state; and |
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(2) facilitate the employment of those persons by a |
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public elementary or secondary school in this state that has a |
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shortage of teachers certified to teach in the school's bilingual |
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education program and that is located in a regional educational |
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service center region that has a severe shortage of such teachers as |
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described by Section 21.807(2)(B). |
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Sec. 21.803. ELIGIBILITY. A person is eligible for the |
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program only if the person: |
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(1) has completed at least 60 semester credit hours of |
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course work toward an associate degree at a public junior college or |
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a junior college accredited by a recognized accrediting agency; |
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(2) has been admitted into an educator preparation |
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program in this state to be prepared for certification to teach in a |
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bilingual education program; |
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(3) is able to use, with equal fluency, English and |
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another language used in a bilingual education program in this |
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state in a public elementary or secondary school described by |
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Section 21.807(2); |
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(4) has stated on the person's application for the |
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program that the person is willing to enter into an agreement under |
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Section 21.807; and |
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(5) satisfies any other criteria for selection jointly |
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prescribed by the agency and the State Board for Educator |
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Certification. |
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Sec. 21.804. INFORMATION AND APPLICATIONS. (a) The agency |
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shall develop an application for the program. |
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(b) The application must provide for a statement described |
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by Section 21.803(4) to be included. |
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(c) The agency and the State Board for Educator |
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Certification shall distribute the applications and information |
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regarding the program. |
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Sec. 21.805. SELECTION OF PARTICIPANTS. (a) The agency |
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shall select persons to participate in the program on the basis of |
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applications submitted to the agency. |
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(b) Each application must be submitted: |
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(1) in the form and contain the information the agency |
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requires; and |
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(2) in a timely manner. |
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Sec. 21.806. LIMITATION ON IMPLEMENTATION. The agency may |
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not select a person to participate in the program unless the agency |
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has sufficient state appropriations to pay the stipend. |
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Sec. 21.807. AGREEMENT. A person selected to participate |
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in the program must enter into a written agreement with the agency |
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under which the person agrees to: |
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(1) obtain, within the period the agency by rule |
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requires, certification to teach in a bilingual education program |
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in a public elementary or secondary school in this state; |
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(2) accept, during the first school year that begins |
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after the date the person becomes certified, an offer of full-time |
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employment to teach in a bilingual education program in a public |
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elementary or secondary school in this state that: |
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(A) has a shortage of teachers certified to teach |
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bilingual education; and |
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(B) is located in a regional education service |
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center region in which at least 25,000 students are students of |
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limited English proficiency, as defined by Section 29.052, who are |
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eligible to be enrolled in a bilingual education program under |
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Subchapter B, Chapter 29, but cannot be served in a bilingual |
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education program because of a shortage of teachers certified to |
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teach in a bilingual education program; and |
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(3) take any action necessary to ensure that the |
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agency receives any refund to which the agency is entitled under |
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Section 21.808(c). |
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Sec. 21.808. GRANT. (a) Subject to Subsection (b), the |
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agency shall provide for each participant in the program: |
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(1) if the participant is attending a general academic |
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teaching institution, a total grant amount equal to the amount of |
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tuition and mandatory fees for educator preparation program course |
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work required for the participant to earn a baccalaureate degree |
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and be certified to teach in a bilingual education program in a |
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public elementary or secondary school in this state; and |
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(2) if the participant is attending a private or |
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independent institution of higher education, a total grant amount |
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determined by the Texas Higher Education Coordinating Board to be |
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equal to the average statewide amount of tuition and mandatory fees |
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that a resident student would be charged under Chapter 54 in an |
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educator preparation program at a general academic teaching |
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institution for the course work required for the participant to |
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earn a baccalaureate degree and be certified to teach in a bilingual |
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education program in a public elementary or secondary school in |
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this state. |
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(b) A grant under this section: |
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(1) may not provide for payment for more than 30 |
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semester credit hours per academic year; and |
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(2) is payable until the participant completes the |
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educator preparation program. |
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(c) The agency shall provide for making a grant payment |
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under Subsection (a) directly to the appropriate institution of |
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higher education. The agency may not make a grant payment for a |
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number of semester credit hours greater than the number of semester |
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credit hours for which the student is registered during a semester. |
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If a program participant does not complete a course for which the |
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agency paid under the program and the institution of higher |
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education provides a partial or full refund, the agency is entitled |
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to the refund. The commissioner and the commissioner of higher |
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education jointly shall ensure that tuition refunds are paid to the |
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agency in accordance with this subsection, including jointly |
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consulting with private or independent institutions of higher |
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education as necessary. |
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Sec. 21.809. REIMBURSEMENT. (a) A participant in the |
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program who fails to obtain certification or employment as required |
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in the agreement under Section 21.807 or who voluntarily leaves or |
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is terminated for cause from the employment after teaching for less |
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than two years in a bilingual education program of a public |
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elementary or secondary school described by Section 21.807(2) shall |
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reimburse the agency for the portion of the grant that bears the |
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same ratio to the amount of the grant as the unserved portion of |
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required service bears to the two years of required service. |
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(b) The obligation to reimburse the agency under this |
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section or to reimburse the agency for any refund improperly paid to |
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a participant under Section 21.808 is, for all purposes, a debt to |
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the state. A discharge in bankruptcy under Title 11, United States |
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Code, does not release a participant from the obligation to |
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reimburse the agency. The amount owed bears interest at the rate |
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equal to the highest rate being paid by the United States on the day |
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the reimbursement is determined to be due for securities that have |
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maturities of 90 days or less, and the interest accrues from the day |
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the participant receives notice of the amount due. |
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(c) For purposes of this section, a participant in the |
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program is not considered to be in violation of an agreement under |
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Section 21.807 during any period in which the participant: |
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(1) is pursuing a full-time course of study related to |
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the field of teaching at a public or private institution of higher |
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education approved by the State Board for Educator Certification; |
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(2) is serving on active duty as a member of the armed |
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forces of the United States; |
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(3) is temporarily totally disabled for a period not |
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to exceed three years as established by sworn affidavit of a |
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qualified physician; |
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(4) is unable to secure employment for a period not to |
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exceed one year because of care required by a disabled spouse; |
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(5) is seeking and unable to find full-time employment |
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as a teacher in a bilingual education program in a public elementary |
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or secondary school described by Section 21.807(2) for a single |
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period not to exceed 27 months; or |
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(6) satisfies the provisions of any additional |
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reimbursement exception adopted by the agency. |
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(d) A participant is excused from reimbursement under |
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Subsection (a) if: |
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(1) the participant becomes permanently totally |
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disabled as established by affidavit of a qualified physician; or |
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(2) the agency waives reimbursement in the case of |
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extreme hardship to the participant. |
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Sec. 21.810. RULES. The commissioner shall adopt rules as |
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necessary to administer this subchapter. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |