I

107TH CONGRESS

1ST SESSION H. R. 1742

To make scholarships available to individuals who are outstanding secondary

school graduates or exceptional certified leaders and who demonstrate

a commitment to and capacity for the profession of teaching, in order

to enable and encourage those individuals to pursue teaching careers

in education at the preschool, elementary or secondary level or improve

their teaching skills through further education, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 7, 2001

Mrs. WILSON introduced the following bill; which was referred to the

Committee on Education and the Workforce

A BILL

To make scholarships available to individuals who are outstanding secondary school graduates or exceptional certified leaders and who demonstrate a commitment to

and capacity for the profession of teaching, in order

to enable and encourage those individuals to pursue

teaching careers in education at the preschool, elementary or secondary level or improve their teaching skills

through further education, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 TITLE I—TEACHING

2 SCHOLARSHIPS

3 SEC. 101. SHORT TITLE.

4 This title may be cited as the ‘‘21st Century Teach5 ing Scholarships Act’’.

6 SEC. 102. PURPOSE; DESIGNATION.

7 (a) PURPOSE.—It is the purpose of this title to make

8 available, through grants to the States, scholarships to in9 dividuals who are outstanding secondary school graduates

10 or exceptional certified teachers and who demonstrate a

11 commitment to and capacity for teaching, in order to en12 able and encourage those individuals to pursue teaching

13 careers in education at the preschool, elementary, or sec14 ondary level or improve their teaching skills through fur15 ther education.

16 (b) DESIGNATION.—Scholarships awarded under this

17 title shall be referred to as the ‘‘21st Century Teaching

18 Scholarships’’.

19 SEC. 103. ALLOCATION AMONG STATES.

20 (a) ALLOCATION.—From the sums appropriated for

21 this title for any fiscal year, the Secretary shall allocate

22 to any State an amount based on the school-age popu23 lation in the State compared to the school-age population

24 in all States that apply for funds under this title.
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1 (b) USE OF CENSUS DATA.—For the purpose of this

2 section, the number of persons in a State and in all States

3 shall be determined by the most recently available data

4 from the Bureau of the Census.

5 SEC. 104. GRANT APPLICATIONS.

6 (a) SUBMISSION OF APPLICATIONS.—The Secretary

7 is authorized to make grants to States in accordance with

8 the provisions of this title. In order to receive a grant

9 under this title, a State shall submit an application at

10 such time or times, in such manner, and containing such

11 information as the Secretary may prescribe by regulation.

12 Such application shall set forth a program of activities for

13 carrying out the purposes set forth in section 102 in such

14 detail as will enable the Secretary to determine the degree

15 to which such program will accomplish the purposes and

16 requirements of this title.

17 (b) CONTENT OF APPLICATIONS.—The Secretary

18 shall approve an application under this Act only if the

19 application—

20 (1) describes the procedures to be used by the

21 State in the selection of scholarship recipients under

22 this Act;

23 (2) designates as the State agency responsible

24 for administering the grants received under this Act

25 the State agency which administers the program
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1 under subpart 4 of part A of title IV of the Higher

2 Education Act of 1965 (20 U.S.C. 1070c et seq.)

3 (relating to the leveraging educational assistance

4 partnership program), the State agency with which

5 the Secretary has an agreement under section

6 428(b) of the Higher Education Act of 1965 (20

7 U.S.C. 1078), or another appropriate State agency

8 approved by the Secretary;

9 (3) describes the outreach effort the State

10 agency intends to use to publicize the availability of

11 21st Century Teaching Scholarships to secondary

12 school students and certified teachers in the State,

13 making particular efforts to attract qualified appli14 cants from low-income backgrounds; ethnic and ra15 cial minorities; individuals with disabilities; individ16 uals who express a willingness or desire to teach in

17 schools having less than average academic results or

18 serving large numbers of economically disadvantaged

19 students; or women or minorities who intend to pur20 sue teaching careers in mathematics and science and

21 who are underrepresented in such fields;

22 (4) describes how the State will inform recipi23 ents, upon receipt of the award, of current and pro24 jected teacher shortages and surpluses within the

25 State;
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1 (5) provides assurances that each recipient eli2 gible under section 6(b) of this Act who receives a

3 21st Century Teaching Scholarship shall enter into

4 an agreement with the State agency under which the

5 recipient shall—

6 (A) within the 10-year period after com7 pleting the postsecondary education for which

8 the 21st Century Teaching Scholarship was

9 awarded, teach in the State for a period of not

10 less than 2 years, on a full-time basis, for each

11 year for which full-time assistance was received

12 or 1 year for each year for which part-time as13 sistance was received, but not to exceed 6 years

14 for any recipient, in a public, or public charter,

15 preschool, elementary, or secondary school ex16 cept that, in the case of individuals who teach

17 in a shortage area established by the Secretary

18 pursuant to section 12, the requirements of this

19 subparagraph shall be reduced by one-half;

20 (B) provide the State agency evidence of

21 compliance with section 7 as required by the

22 State agency; and

23 (C) repay all or part of a 21st Century

24 Teaching Scholarship received under section 5

25 plus interest and, if applicable, reasonable col-
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1 lection fees, in compliance with regulations

2 issued by the Secretary under section 8, in the

3 event that the conditions of subparagraph (A)

4 are not complied with, except as provided for

5 in section 9;

6 (6) provides that the agreement entered into

7 with recipients shall fully disclose the terms and con8 ditions under which assistance under this Act is pro9 vided and under which repayment may be required,

10 including—

11 (A) a description of the procedures re12 quired to be established under paragraph (7);

13 and

14 (B) a description of the appeals procedures

15 required to be established under paragraph (8)

16 under which a recipient may appeal a deter17 mination of noncompliance with any provision

18 under this Act;

19 (7) provides for procedures under which a re20 cipient of assistance received under this Act who

21 teaches for less than the period required under para22 graph (5)(A) will have the repayment requirements

23 reduced or eliminated consistent with the provisions

24 of sections 8 and 9;
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1 (8) provides for appeals procedures under which

2 a recipient may appeal any determination of non3 compliance with any provision under this Act; and

4 (9) provides assurances that the selection panel

5 makes scholarship awards based solely on the selec6 tion criteria in section 6.

7 (c) SELECTION PROCEDURES.—The State edu8 cational agency, in cooperation with the State higher edu9 cation agency, and pursuant to scholarship selection cri10 teria included in section 106, shall establish procedures

11 to select 21st Century Teaching Scholarship recipients.

12 These procedures shall be intended to attract highly quali13 fied individuals into teaching, to ensure that these stu14 dents are enrolled or are accepted for enrollment in ap15 proved teacher education programs, and to meet the

16 present and projected needs of States in addressing teach17 er shortages, including—

18 (1) the demand for and supply of early child19 hood and elementary teachers in the State;

20 (2) the demand for and supply of secondary

21 teachers in the State;

22 (3) the demand for and supply of teachers with

23 training in specific academic disciplines in the State;

24 (4) the demand for and supply of teachers of

25 students with disabilities in the State;
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1 (5) the demand for and supply of teachers for

2 limited English proficient students in the State;

3 (6) the demand for and supply of teachers for

4 preschool age children in the State; and

5 (7) the demand for and supply of teachers in

6 geographic areas of the State where there is a dem7 onstrated shortage of qualified teachers.

8 (d) SOLICITATION OF VIEWS ON SELECTION PROCE9 DURES.—In developing the selection procedures to be used

10 by the State, the State shall solicit the views of teachers,

11 the public, teacher education programs, local educational

12 agencies, private educational institutions, and other inter13 ested parties. Such views—

14 (1) shall be solicited by means of—

15 (A) written comments; and

16 (B) publication of proposed procedures in

17 final form for implementation; and

18 (2) may be solicited by means of—

19 (A) public hearings on the teaching needs

20 of elementary and secondary schools in the

21 State (including the number of new teachers

22 needed, the expected supply of new teachers,

23 and the shortages in the State of teachers with

24 specific preparation); or
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1 (B) such other methods as the State may

2 determine to be appropriate to gather informa3 tion on such needs.

4 SEC. 105. AMOUNT AND DURATION OF AND RELATION TO

5 OTHER ASSISTANCE.

6 (a) LIMITATIONS ON AMOUNT AND DURATION.—

7 Subject to subsection (c) each 21st Century Teaching

8 Scholarship recipient shall receive a $10,000 scholarship

9 for each academic year of full-time postsecondary edu10 cation for study in preparation to become a preschool, spe11 cial education, elementary, or secondary teacher or a

12 $5,000 scholarship for each academic year of part-time

13 postsecondary education for those scholars who qualify for

14 part-time scholarships in accordance with section 107(1).

15 No individual shall receive scholarship assistance for more

16 than 5 years of full-time or part-time postsecondary edu17 cation, as determined by the State agency.

18 (b) CONSIDERATION OF AWARD IN OTHER PRO19 GRAMS.—Notwithstanding the provisions of title IV of the

20 Higher Education Act of 1965, scholarship funds awarded

21 pursuant to this title shall be considered in determining

22 eligibility for student assistance under title IV of the

23 Higher Education Act of 1965.

24 (c) ASSISTANCE NOT TO EXCEED COST OF ATTEND25 ANCE.—No individual shall receive an award under the
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1 21st Century Teaching Scholarship established under this

2 title, in any academic year, which exceeds the cost of at3 tendance, as defined in section 472 of the Higher Edu4 cation Act of 1965 (20 U.S.C. 1087ll), at the institution

5 the individual is attending. A scholarship awarded under

6 this title shall not be reduced on the basis of the student’s

7 receipt of other forms of Federal student financial assist8 ance, but shall be taken into account in determining the

9 eligibility of the student for those other forms of Federal

10 student financial assistance.

11 SEC. 106. SELECTION OF 21ST CENTURY TEACHING SCHOL12 ARS.

13 (a) SELECTION BY STATEWIDE PANELS.—21st Cen14 tury Teaching Scholars shall be selected by a 7-member

15 statewide panel appointed by the chief State elected offi16 cial, acting in consultation with the State educational

17 agency, or by an existing grant agency or panel designated

18 by the chief State elected official and approved by the Sec19 retary. The statewide panel shall include community lead20 ers, business leaders, principals, teachers, parents, and,

21 after 2005, former scholarship recipients. The panel shall

22 not include elected officials with responsibility for edu23 cation, including State legislators, employees of State edu24 cation agencies or local education authorities other than
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1 principals or teachers, teachers union officials, or employ2 ees of the chief State elected official.

3 (b) ELIGIBILITY FOR SELECTION.—To be eligible for

4 selection, an applicant shall—

5 (1) be a citizen of the United States or a per6 manent legal resident of the United States;

7 (2) be no less than 17 years old and no more

8 than 35 years old on September 1 of the year in

9 which they commence their scholarship;

10 (3) be a resident of the State of application or

11 a dependent of an active duty service member who

12 had a permanent duty station in the State of appli13 cation within the last 5 years; and

14 (4) have a high school degree or equivalent

15 thereof or have completed home schooling through

16 grade 12 by the end of the semester before begin17 ning the scholarship.

18 (c) CRITERIA FOR SELECTION.—Panels shall select

19 the best qualified applicants based on academic and schol20 arly achievement and aptitude for and commitment to the

21 profession of teaching. In making their selections, panels

22 may consider high school and college transcripts and grade

23 point averages, standardized test scores, class standing,

24 extracurricular activities, work experience, awards and

25 honors, letters of reference, the applicant’s expression of
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1 interest in teaching and planned program of study, as ex2 pressed in an essay written by the applicant, and, at the

3 discretion of the panel, interviews with the candidates. Up

4 to 35 percent of the scholarships awarded may be des5 ignated for applicants who commit to programs of study

6 that will address teacher shortages in the areas identified

7 by the State in accordance with section 104(c) of this title.

8 Panels shall not consider financial need, race, gender, eth9 nicity, religious preference, political or union affiliation,

10 college preference, or geographic distribution within the

11 State when determining the best qualified applicants.

12 (d) AVAILABILITY OF APPLICATIONS.—The State

13 educational agency shall make applications available to

14 public and private secondary schools and colleges, local

15 education authority human resource departments, and in

16 other locations convenient to potential applicants, parents,

17 and others.

18 SEC. 107. SCHOLARSHIP CONDITIONS.

19 Recipients of scholarship assistance under this title

20 shall continue to receive such scholarship payments only

21 during such periods that the State agency finds that the

22 recipient is—

23 (1) enrolled as a full-time student in an accred24 ited postsecondary institution or, if the scholar is a

25 certified teacher, a classroom teacher who is not so
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1 certified and is teaching under a waiver authorized

2 in State law, or an educational assistant working

3 full-time in the classroom, enrolled as a part-time

4 student in an accredited postsecondary institution;

5 (2) pursuing a course of study leading to teach6 er certification or pursuing a postgraduate course of

7 study leading to a higher degree or a second bach8 elors degree for teachers who are already certified;

9 and

10 (3) maintaining satisfactory progress as deter11 mined by the postsecondary institution the recipient

12 is attending.

13 SEC. 108. SCHOLARSHIP REPAYMENT PROVISIONS.

14 Recipients found by the State agency to be in non15 compliance with the agreement entered into under section

16 104(b)(5) of this title shall be required to repay a pro rata

17 amount of the scholarship awards received, plus interest

18 (but in no event at an interest rate higher than the rate

19 applicable to loans in the applicable period under part B

20 of title IV of the Higher Education Act of 1965 (20 U.S.C.

21 1071 et seq.)) and, where applicable, reasonable collection

22 fees, on a schedule and at a rate of interest to be pre23 scribed by the Secretary by regulations issued pursuant

24 to this title.
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1 SEC. 109. EXCEPTIONS TO REPAYMENT PROVISIONS.

2 (a) DEFERRAL DURING CERTAIN PERIODS.—A re3 cipient shall not be considered in violation of the agree4 ment entered into pursuant to section 104(b)(5)(C) during

5 any period in which the recipient—

6 (1) is pursuing a full-time course of study re7 lated to the field of teaching at an eligible institu8 tion;

9 (2) is serving, not in excess of 3 years, as a

10 member of the armed services of the United States;

11 (3) is temporarily totally disabled for a period

12 of time not to exceed 3 years as established by

13 sworn affidavit of a qualified physician;

14 (4) is unable to secure employment for a period

15 not to exceed 12 months by reason of the care re16 quired by a spouse who is disabled;

17 (5) is seeking and unable to find full-time em18 ployment for a single period not to exceed 12

19 months;

20 (6) is seeking and unable to find full-time em21 ployment as a teacher in a public or private pre22 school, elementary or secondary school, or education

23 program for a single period not to exceed 27

24 months; or
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1 (7) satisfies the provisions of additional repay2 ment exceptions that may be prescribed by the Sec3 retary in regulations issued pursuant to this title.

4 (b) FORGIVENESS IF PERMANENTLY TOTALLY DIS5 ABLED.—A recipient shall be excused from repayment of

6 any scholarship assistance received under this title if the

7 recipient becomes permanently totally disabled as estab8 lished by sworn affidavit of a qualified physician.

9 SEC. 110. FEDERAL ADMINISTRATION OF STATE PRO10 GRAMS; JUDICIAL REVIEW.

11 (a) DISAPPROVAL HEARING REQUIRED.—The Sec12 retary shall not finally disapprove any application for a

13 State program submitted under section 104, or any modi14 fication thereof, without first affording the State agency

15 submitting the program reasonable notice and opportunity

16 for a hearing.

17 (b) SUSPENSION OF ELIGIBILITY.—Whenever the

18 Secretary, after reasonable notice and opportunity for a

19 hearing to the State agency administering a State pro20 gram approved under this title, finds—

21 (1) that the State program has been so changed

22 that it no longer complies with the provisions of this

23 title, or
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1 (2) that in the administration of the program

2 there is a failure to comply substantially with any

3 such provisions,

4 the Secretary shall notify such State agency that the State

5 will not be regarded as eligible to participate in the pro6 gram under this title until the Secretary is satisfied that

7 there is no longer any such failure to comply.

8 (c) COURT REVIEW.—

9 (1) IN GENERAL.—If any State is dissatisfied

10 with the Secretary’s final action under paragraph

11 (1) or (2) of subsection (b), such State may appeal

12 to the United States court of appeals for the circuit

13 in which such State is located. The summons and

14 notice of appeal may be served at any place in the

15 United States. The Secretary shall forthwith certify

16 and file in the court the transcript of the pro17 ceedings and the record on which the action was

18 based.

19 (2) FINDINGS.—The findings of fact by the

20 Secretary, if supported by substantial evidence, shall

21 be conclusive; but the court, for good cause shown,

22 may remand the case to the Secretary to take fur23 ther evidence, and the Secretary may thereupon

24 make new or modified findings of fact and may mod25 ify any previous action, and shall certify to the court
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1 the transcript and record of further proceedings.

2 Such new or modified findings of fact shall likewise

3 be conclusive if supported by substantial evidence.

4 (3) JURISDICTION.—The court shall have juris5 diction to affirm the action of the Secretary or to set

6 it aside, in whole or in part. The judgment of the

7 court shall be subject to review by the Supreme

8 Court of the United States upon certiorari or certifi9 cation as provided in section 1254 of title 28, United

10 States Code.

11 SEC. 111. EVALUATION.

12 (a) IN GENERAL.—The Secretary shall conduct, by

13 grant or contract, an independent evaluation of recipients

14 of scholarship assistance under this title, which shall sum15 marize and evaluate the State activities assisted under this

16 title and the performance of such recipients. The evalua17 tion shall assess the impact of the scholarship program

18 assisted under this title to determine whether such pro19 gram has brought into teaching a significant number of

20 highly able individuals who otherwise would not have en21 tered teaching, or retained in teaching a significant num22 ber of highly qualified individuals who otherwise would

23 have left teaching. The evaluation shall also assess the im24 pact of the scholarship on improving the quality and quali-
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1 fications of teachers and the impact of the scholarships

2 on reducing teacher shortages.

3 (b) CONTENTS.—The evaluation described in sub4 section (a) shall include—

5 (1) a description of the characteristics, includ6 ing the educational preparation and achievement, of

7 recipients of scholarship assistance under this title

8 compared to similar students participating in teach9 er training who do not receive such scholarships;

10 (2) the rate at which such recipients success11 fully complete academic training and go on to teach12 ing careers in preschool, elementary, or secondary

13 education, compared to such rate for similar individ14 uals who do not receive scholarship assistance under

15 this Act;

16 (3) the extent to which it is possible to deter17 mine objectively that the receipt of scholarship as18 sistance under this Act was the primary reason for

19 an individual’s choice of a teaching education and

20 career;

21 (4) the extent to which such recipients comply

22 with the provisions of this title;

23 (5) the length of time such recipients remain in

24 teaching careers, compared to similar teachers who

25 do not receive scholarships;
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1 (6) the barriers to the effectiveness of the pro2 gram assisted under this Act;

3 (7) the cost-effectiveness of such program in

4 improving teacher quality and quantity; and

5 (8) the impact of the program on the quantity

6 and quality of applicants to colleges of education.

7 (c) EVALUATION REPORTS.—The Secretary shall

8 submit such interim evaluation reports to the President

9 and the Congress as may be appropriate, and shall submit

10 a final report on or before January 1, 2003.

11 (d) FUNDING.—The Secretary shall reserve a total of

12 not more than $1,000,000 from the amounts appropriated

13 pursuant to the authority of section 113 in fiscal years

14 2002 through 2005 to carry out this section.

15 SEC. 112. DEFINITIONS.

16 For the purposes of this title:

17 (1) SHORTAGE AREAS.—(A) The term ‘‘short18 age areas’’ means—

19 (i) geographic areas of the State in which

20 there is a shortage of elementary and secondary

21 school teachers;

22 (ii) an area of shortage of elementary and

23 secondary school teachers in specific grade lev24 els and in specific academic, instructional, sub25 ject matter, and discipline classifications; and
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1 (iii) any school that, in accordance with

2 the accountability statute of the State, is under

3 a program of corrective action for failure to

4 meet minimum State performance standards.

5 (B) Such shortage areas shall be prescribed by

6 the Secretary, in consultation with the chief State

7 school officer. In carrying out the provisions of this

8 paragraph, the Secretary shall give special consider9 ation to areas in which emergency certification or

10 waivers of certification of individuals in a State is

11 being used to correct teacher shortages and to

12 States which have retirement laws permitting early

13 retirement.

14 (2) SECRETARY.—The term ‘‘Secretary’’ means

15 the Secretary of Education.

16 (3) CERTIFIED TEACHER.—The term ‘‘certified

17 teacher’’ means a teacher who has obtained State

18 certification as a teacher or has passed a State

19 teacher licensing exam and holds a license to teach

20 in such State.

21 SEC. 113. AUTHORIZATION OF APPROPRIATIONS.

22 (a) IN GENERAL.—There are authorized to be appro23 priated $260,000,000 for fiscal year 2002 and such sums

24 as may be necessary for each of the 4 succeeding fiscal

25 years to carry out this title.
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1 (b) LIMITATION ON USE OF FUNDS FOR ADMINIS2 TRATIVE PURPOSES.—All of the funds appropriated under

3 this title shall be distributed to the States in accordance

4 with section 103. No more than 5 percent of the funds

5 appropriated under this title may be used by the State

6 for program administration.

7 TITLE II—PROFESSIONAL

8 DEVELOPMENT ENHANCEMENT

9 SEC. 201. SHORT TITLE.

10 This title may be cited as the ‘‘Professional Develop11 ment Enhancement Act’’.

12 SEC. 202. STATE ACTIVITIES.

13 Section 2207 of the Elementary and Secondary Edu14 cation Act of 1965 (20 U.S.C. 6647) is amended—

15 (1) in paragraph (12), by striking ‘‘; and’’ and

16 inserting a semicolon;

17 (2) in paragraph (13), by striking the period

18 and inserting a semicolon; and

19 (3) by adding at the end the following:

20 ‘‘(14) carrying out programs that include sup21 port during the initial teaching experience, such as

22 mentoring programs that—

23 ‘‘(A) provide mentoring to beginning teach24 ers from veteran teachers with expertise in the
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1 subject matter that the beginning teachers will

2 be teaching;

3 ‘‘(B) provide mentors time for activities

4 such as coaching, observing, and assisting the

5 teachers who are mentored; and

6 ‘‘(C) use standards or assessments for

7 guiding beginning teachers that are consistent

8 with the State’s student performance standards

9 and with the requirements for professional de10 velopment activities described in section

11 2210(b)(2); and

12 ‘‘(15) carrying out programs that establish, ex13 pand, or improve alternative routes to State certifi14 cation of teachers for highly qualified individuals

15 with a baccalaureate degree, including mid-career

16 professionals from other occupations, paraprofes17 sionals, former military personnel, and recent college

18 or university graduates with records of academic dis19 tinction, who demonstrate the potential to become

20 highly effective teachers.’’.

21 SEC. 203. ALTERNATIVE ROUTES.

22 Section 2207 of the Elementary and Secondary Edu23 cation Act of 1965 is amended—

24 (1) by inserting ‘‘(a) ACTIVITIES.—’’ before

25 ‘‘Each State’’; and
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1 (2) by adding at the end the following:

2 ‘‘(b) COMPONENTS OF ALTERNATIVE ROUTES TO

3 STATE CERTIFICATION PROGRAMS.—To the extent appro4 priate, programs carried out under subsection (a)(15)

5 shall—

6 ‘‘(1) include strong academic and teaching-re7 lated course work that provides teachers with the

8 academic subject knowledge and teaching knowledge

9 needed to help students meet State content stand10 ards;

11 ‘‘(2) provide intensive field experience in the

12 form of an internship, or student teaching, under

13 the direct daily supervision of an expert, veteran

14 teacher; and

15 ‘‘(3) provide that, before entry into teaching,

16 candidates shall be fully qualified.’’.

17 SEC. 204. DEFINITIONS.

18 Section 2402 of the Elementary and Secondary Edu19 cation Act of 1965 (20 U.S.C. 6702) is amended—

20 (1) by redesignating paragraphs (1) through

21 (4) as paragraphs (2), (5), (6), and (3) respectively;

22 (2) by inserting paragraph (3) (as so redesig23 nated) after paragraph (2);

24 (3) by inserting before paragraph (2) the fol25 lowing:
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1 ‘‘(1) the term ‘beginning teacher’ means an ed2 ucator in a public school who has not yet been teach3 ing 3 full school years;’’;

4 (4) by inserting after paragraph (3) (as so re5 designated) the following:

6 ‘‘(4) the term ‘mentoring program’ means a

7 program to provide professional support and devel8 opment, instruction, and guidance to beginning

9 teachers, not including a teacher or individual who

10 begins to work in a supervisory position;’’;

11 (5) in paragraph (3) (as so redesignated), by

12 striking the period and inserting a semicolon;

13 (6) in paragraph (5) (as so redesignated), by

14 striking the semicolon at the end and inserting ‘‘;

15 and’’; and

16 (7) in subparagraph (E) of paragraph (6) (as

17 so redesignated), by striking ‘‘; and’’ and inserting

18 a period.

19 TITLE III—LOAN FORGIVENESS

20 FOR TEACHERS

21 SEC. 301. SHORT TITLE.

22 This title may be cited as the ‘‘Quality Teacher Re23 cruitment and Retention Act’’.
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1 SEC. 302. FINDINGS AND PURPOSE.

2 (a) FINDINGS.—Congress makes the following find3 ings:

4 (1) Over the next 10 years, a large percentage

5 of teachers will retire, leaving American classrooms,

6 particularly urban and rural classrooms, facing a se7 rious teacher shortage.

8 (2) The Nation will need 2,000,000 new teach9 ers over the next 10 years. Unfortunately, in the

10 past this need has been met by admitting some un11 qualified teachers to the classroom.

12 (3) There is also a chronic shortage of fully cer13 tified special education teachers, averaging about

14 27,000 per year. While the demand is ever present,

15 institutes of higher education are graduating fewer

16 teachers qualified in special education.

17 (4) Moreover, the burdensome paperwork and

18 legal requirements are factors which lead special

19 education teachers to leave the profession. More spe20 cial education teachers move into the general edu21 cation realm than vice versa.

22 (5) High quality teachers are the first vital step

23 in ensuring students receive a high quality edu24 cation.
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1 (6) Potentially valuable teacher candidates are

2 often lured into different careers by higher com3 pensation.

4 (7) High-quality prospective teachers need to be

5 identified and recruited by presenting to them a ca6 reer that is respected by their peers, is financially

7 and intellectually rewarding, and contains sufficient

8 opportunities for advancement.

9 (8) Teacher loan forgiveness gives high-poverty

10 schools an effective incentive for recruiting and re11 taining much-needed high quality teachers.

12 (9) Loan forgiveness for high-need teachers, in13 cluding special education teachers, can be a critical

14 link in increasing the supply of these essential edu15 cators.

16 (b) PURPOSE.—The purpose of this title is to encour17 age individuals to enter and continue in the teaching pro18 fession in order to ensure that high quality teachers are

19 recruited and retained in areas where they are most need20 ed so students attending school in such areas receive a

21 quality education.

22 SEC. 303. EXPANDED LOAN FORGIVENESS PROGRAM FOR

23 TEACHERS.

24 (a) PROGRAM.—
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1 (1) IN GENERAL.—The Secretary of Education

2 (in this section referred to as the ‘‘Secretary’’) shall

3 carry out a program of assuming the obligation to

4 repay, pursuant to subsection (c), a loan made, in5 sured, or guaranteed under part B of title IV of the

6 Higher Education Act of 1965 or part D of such

7 title (excluding loans made under sections 428B and

8 428C of such Act or comparable loans made under

9 part D of such title) for any borrower who—

10 (A) is a new teacher;

11 (B)(i) is employed, for 3 consecutive com12 plete school years, as a full-time teacher in a

13 school that qualifies under section 465(a)(2)(A)

14 of the Higher Education Act of 1965 (20

15 U.S.C. 1087ee(a)(2)(A)) for loan cancellation

16 for a recipient of a loan under part E of title

17 IV of such Act who teaches in such schools; or

18 (ii) is employed, for 3 consecutive complete

19 school years, as a full-time special education

20 teacher, or as a full-time teacher of special

21 needs children;

22 (C) satisfies the requirements of subsection

23 (d); and

24 (D) is not in default on a loan for which

25 the borrower seeks forgiveness.
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1 (2) AWARD BASIS; PRIORITY.—

2 (A) AWARD BASIS.—Subject to subpara3 graph (B), loan repayment under this section

4 shall be on a first-come, first-serve basis and

5 subject to the availability of appropriations.

6 (B) PRIORITY.—The Secretary shall give

7 priority in providing loan repayment under this

8 section for a fiscal year to student borrowers

9 who received loan repayment under this section

10 for the preceding fiscal year.

11 (3) REGULATIONS.—The Secretary is author12 ized to prescribe such regulations as may be nec13 essary to carry out the provisions of this section.

14 (b) LOAN REPAYMENT.—

15 (1) ELIGIBLE AMOUNT.—The amount the Sec16 retary may repay on behalf of any individual under

17 this section shall not exceed—

18 (A) the sum of the principal amounts out19 standing (not to exceed $5,000) of the individ20 ual’s qualifying loans at the end of 3 consecu21 tive complete school years of service described

22 in subsection (a)(1)(B);

23 (B) an additional portion of such sum (not

24 to exceed $7,500) at the end of each of the next
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1 2 consecutive complete school years of such

2 service; and

3 (C) a total of not more than $20,000.

4 (2) CONSTRUCTION.—Nothing in this section

5 shall be construed to authorize the refunding of any

6 repayment of a loan made under part B or D of title

7 IV of the Higher Education Act of 1965.

8 (3) INTEREST.—If a portion of a loan is repaid

9 by the Secretary under this section for any year, the

10 proportionate amount of interest on such loan which

11 accrues for such year shall be repaid by the Sec12 retary.

13 (c) REPAYMENT TO ELIGIBLE LENDERS.—The Sec14 retary shall pay to each eligible lender or holder for each

15 fiscal year an amount equal to the aggregate amount of

16 loans which are subject to repayment pursuant to this sec17 tion for such year.

18 (d) APPLICATION FOR REPAYMENT.—

19 (1) IN GENERAL.—Each eligible individual de20 siring loan repayment under this section shall sub21 mit a complete and accurate application to the Sec22 retary at such time, in such manner, and containing

23 such information as the Secretary may require.

24 (2) YEARS OF SERVICE.—An eligible individual

25 may apply for loan repayment under this section
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1 after completing the required number of years of

2 qualifying employment.

3 (3) FULLY QUALIFIED TEACHERS IN PUBLIC

4 ELEMENTARY OR SECONDARY SCHOOLS.—An appli5 cation for loan repayment under this section shall

6 include such information as is necessary to dem7 onstrate that the applicant—

8 (A) if teaching in a public elementary,

9 middle, or secondary school (other than as a

10 teacher in a public charter school), has obtained

11 State certification as a teacher (including cer12 tification obtained through alternative routes to

13 certification) or passed the State teacher licens14 ing exam and holds a license to teach in such

15 State; and

16 (B) if teaching in—

17 (i) a public elementary school, holds a

18 bachelor’s degree and demonstrates knowl19 edge and teaching skills in each of the sub20 ject areas in which he or she provides in21 struction; or

22 (ii) a public middle or secondary

23 school, holds a bachelor’s degree and dem24 onstrates a high level of competency in all
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1 subject areas in which he or she teaches

2 through—

3 (I) a high level of performance on

4 a rigorous State or local academic

5 subject areas test; or

6 (II) completion of an academic

7 major in each of the subject areas in

8 which he or she provides instruction.

9 (4) TEACHERS IN NONPROFIT PRIVATE ELE10 MENTARY OR SECONDARY SCHOOLS OR CHARTER

11 SCHOOLS.—In the case of an applicant who is teach12 ing in a nonprofit private elementary or secondary

13 school, or in a public charter school, an application

14 for loan repayment under this section shall include

15 such information as is necessary to demonstrate that

16 the applicant has knowledge and teaching skills in

17 each of the subject areas in which he or she provides

18 instruction, as certified by the chief administrative

19 officer of the school.

20 (e) TREATMENT OF CONSOLIDATION LOANS.—A loan

21 amount for a consolidation loan made under section 428C

22 of the Higher Education Act of 1965, or a Federal Direct

23 Consolidation Loan made under part D of title IV of such

24 Act, may be a qualified loan amount for the purpose of

25 this section only to the extent that such loan amount was
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1 used by a borrower who otherwise meets the requirements

2 of this section to repay—

3 (1) a loan made under section 428 or 428H of

4 such Act; or

5 (2) a Federal Direct Stafford Loan, or a Fed6 eral Direct Unsubsidized Stafford Loan, made under

7 part D of title IV of such Act.

8 (f) ADDITIONAL ELIGIBILITY PROVISIONS.—

9 (1) CONTINUED ELIGIBILITY.—Any teacher

10 who performs service in a school that—

11 (A) meets the requirements of subsection

12 (a)(1)(B) in any year during such service; and

13 (B) in a subsequent year fails to meet the

14 requirements of such subsection,

15 may continue to teach in such school and shall be

16 eligible for loan forgiveness pursuant to subsection

17 (a).

18 (2) PREVENTION OF DOUBLE BENEFITS.—No

19 borrower may, for the same service, receive a benefit

20 under both this section and subtitle D of title I of

21 the National and Community Service Act of 1990

22 (42 U.S.C. 12571 et seq.).

23 (3) DEFINITION OF NEW TEACHER.—The term

24 ‘‘new teacher’’ means an individual who has not pre25 viously been employed as a teacher in an elementary
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1 or secondary school prior to August 1, 2002, exclud2 ing employment while engaged in student teaching

3 service or comparable activity that is part of a

4 preservice education program.

5 SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

6 There are authorized to be appropriated to carry out

7 this title such sums as may be necessary for fiscal year

8 2002 and for each of the 4 succeeding fiscal years.

Æ