I
106TH CONGRESS
1ST SESSION
H. R. 1326
To continue and expand the program to provide assistance to separated
and retired members of the Armed Forces to obtain certification and
employment as teachers, to transfer the jurisdiction over the program
to the Secretary of Education, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 25, 1999
Mr. HEFLEY (for himself, Mr. EDWARDS, Mr. GALLEGLY, and Mr. HILL of
Indiana) introduced the following bill; which was referred to the Com-
mittee on Education and the Workforce, and in addition to the Com-
mittee on Armed Services, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned
A BILL
To continue and expand the program to provide assistance
to separated and retired members of the Armed Forces
to obtain certification and employment as teachers, to
transfer the jurisdiction over the program to the Sec-
retary of Education, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; DEFINI-
TIONS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Troops-to-Teachers Program Improvement Act of 1999’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents; definitions.
Sec. 2. Troops-to-Teachers Program of the Department of Education.
Sec. 3. Eligible members of the Armed Forces.
Sec. 4. Selection of participants.
Sec. 5. Participation agreement.
Sec. 6. Stipend and bonus for participants.
Sec. 7. Discharge of State activities through consortia of States.
Sec. 8. Assistance to States in conducting activities under Program.
Sec. 9. Transfer of jurisdiction over current program.
Sec. 10. Reporting requirements.
Sec. 11. Authorization of appropriations.
(c) DEFINITIONS.—In this Act:
(1) The term ‘‘State’’ includes the District of
Columbia, American Samoa, the Federated States of
Micronesia, Guam, the Republic of the Marshall Is-
lands, the Commonwealth of the Northern Mariana
Islands, the Commonwealth of Puerto Rico, the Re-
public of Palau, and the United States Virgin Is-
lands.
(2) The term ‘‘alternative certification or licen-
sure requirements’’ means State or local teacher cer-
tification or licensure requirements that permit a
demonstrated competence in appropriate subject
areas gained in careers outside of education to be
substituted for traditional teacher training course
work.
SEC. 2. TROOPS-TO-TEACHERS PROGRAM OF THE DEPART-
MENT OF EDUCATION.
(a) PROGRAM AUTHORIZED.—The Secretary of Edu-
cation, in consultation with the Secretary of Defense and
the Secretary of Transportation with respect to the Coast
Guard, may carry out a program (to be known as the
‘‘Troops-to-Teachers Program’’)—
(1) to assist eligible members of the Armed
Forces after their discharge or release, or retire-
ment, from active duty to obtain certification or li-
censure as elementary or secondary school teachers
or as vocational or technical teachers; and
(2) to facilitate the employment of such mem-
bers by local educational agencies identified under
subsection (b)(1).
(b) IDENTIFICATION OF LOCAL EDUCATIONAL AGEN-
CIES WITH TEACHER SHORTAGES.—
(1) IN GENERAL.—In carrying out the Troops-
to-Teachers Program, the Secretary of Education
shall periodically identify local educational agencies
that—
(A) are receiving grants under title I of the
Elementary and Secondary Education Act of
1965 (20 U.S.C. 6301 et seq.) as a result of
having within their jurisdictions concentrations
of children from low-income families; or
(B) are experiencing a shortage of quali-
fied teachers, in particular a shortage of
science, mathematics, special education, or vo-
cational or technical teachers.
(2) IDENTIFICATION METHODS.—The Secretary
may identify local educational agencies under para-
graph (1) through surveys conducted for that pur-
pose or by utilizing information on local educational
agencies that is available to the Secretary from other
sources.
(c) IDENTIFICATION OF STATES WITH ALTERNATIVE
CERTIFICATION REQUIREMENTS.—In carrying out the
Troops-to-Teachers Program, the Secretary of Education
shall also conduct a survey of States to identify those
States that have alternative certification or licensure re-
quirements for teachers, including those States that grant
credit for service in the Armed Forces toward satisfying
certification or licensure requirements for teachers.
SEC. 3. ELIGIBLE MEMBERS OF THE ARMED FORCES.
(a) ELIGIBLE MEMBERS.—The following members of
the Armed Forces shall be eligible for selection to partici-
pate in the program:
(1) Any member who—
(A) during the period beginning on Octo-
ber 1, 1990, and ending on September 30,
1999, was involuntarily discharged or released
from active duty for purposes of a reduction of
force after six or more years of continuous ac-
tive duty immediately before the discharge or
release; and
(B) satisfies such other criteria for selec-
tion as the Secretary of Education, in consulta-
tion with the Secretary of Defense and the Sec-
retary of Transportation, may prescribe.
(2) Any member who applied for the teacher
placement program administered under section 1151
of title 10, United States Code, before the expiration
of that program and who satisfies the eligibility cri-
teria specified in subsection (c) of such section.
(3) Any member who—
(A) on or after October 1, 1999, is retired
for length of service with at least 20 years of
active service computed under section 3925,
3926, 8925, or 8926 of title 10, United States
Code, or for purposes of chapter 571 of such
title or is retired under section 1201 or 1204
of such title; and
(B) satisfies the criteria prescribed under
paragraph (1)(B).
(b) EDUCATION BACKGROUND.—In the case of a
member of the Armed Forces described in subsection
(a)(3) who is applying for assistance for placement as an
elementary or secondary school teacher, the Secretary of
Education shall require the member to have received a
baccalaureate or advanced degree from an accredited insti-
tution of higher education. In the case of a member de-
scribed in subsection (a)(3) who is applying for assistance
for placement as a vocational or technical teacher, the Sec-
retary of Education shall require the member—
(1) to have received the equivalent of one year
of college from an accredited institution of higher
education and have 10 or more years of military ex-
perience in a vocational or technical field; or
(2) to otherwise meet the certification or licen-
sure requirements for a vocational or technical
teacher in the State in which the member seeks as-
sistance for placement under the program.
(c) INELIGIBLE MEMBERS.—A member of the Armed
Forces who is discharged or released from active duty, or
retires from service, under other than honorable conditions
shall not be eligible to participate in the Troops-to-Teach-
ers Program.
(d) INFORMATION REGARDING PROGRAM.—
(1) PROVISION
OF
INFORMATION.—The Sec-
retary of Education, in consultation with the Sec-
retary of Defense and the Secretary of Transpor-
tation, shall provide information regarding the
Troops-to-Teachers Program, and make applications
for the program available, to members of the Armed
Forces as part of preseparation counseling provided
under section 1142 of title 10, United States Code.
(2) TYPES OF INFORMATION.—The information
provided to members shall—
(A) indicate the local educational agencies
identified under section 2(b); and
(B) identify those States surveyed under
section 2(c) that have alternative certification
or licensure requirements for teachers, includ-
ing those States that grant credit for service in
the Armed Forces toward satisfying such re-
quirements.
SEC. 4. SELECTION OF PARTICIPANTS.
(a) SUBMISSION OF APPLICATIONS.—Selection of eli-
gible members of the Armed Forces to participate in the
Troops-to-Teachers Program shall be made on the basis
of applications submitted to the Secretary of Education
on a timely basis. An application shall be in such form
and contain such information as the Secretary may re-
quire.
(b) TIMELY APPLICATIONS.—An application shall be
considered to be submitted on a timely basis if the applica-
tion is submitted as follows:
(1) In the case of an applicant who is eligible
under section 3(a)(1) or 3(a)(2), not later than Sep-
tember 30, 2003.
(2) In the case of an applicant who is eligible
under section 3(a)(3), not later than four years after
the date of the retirement of the applicant from ac-
tive duty.
(c) SELECTION PRIORITIES.—In selecting partici-
pants to receive assistance for placement as elementary
or secondary school teachers or vocational or technical
teachers, the Secretary of Education shall give priority to
eligible members who—
(1) have educational or military experience in
science, mathematics, special education, or voca-
tional or technical subjects and agree to seek em-
ployment as science, mathematics, or special edu-
cation teachers in elementary or secondary schools
or in other schools under the jurisdiction of a local
educational agency; or
(2) have educational or military experience in
another subject area identified by the Secretary, in
consultation with the National Governors Associa-
tion, as important for national educational objectives
and agree to seek employment in that subject area
in elementary or secondary schools.
(d) SELECTION SUBJECT TO FUNDING.—The Sec-
retary of Education may not select a member to partici-
pate in the program unless the Secretary has sufficient
appropriations for the Troops-to-Teachers Program avail-
able at the time of the selection to satisfy the obligations
to be incurred by the United States under section 6 with
respect to that member.
SEC. 5. PARTICIPATION AGREEMENT.
(a) AGREEMENT REQUIRED; TERMS.—A member of
the Armed Forces selected to participate in the Troops-
to-Teachers Program shall be required to enter into an
agreement with the Secretary of Education in which the
member agrees—
(1) to obtain, within such time as the Secretary
may require, certification or licensure as an elemen-
tary or secondary school teacher or vocational or
technical teacher; and
(2) to accept an offer of full-time employment
as an elementary or secondary school teacher or vo-
cational or technical teacher for not less than four
school years with a local educational agency identi-
fied under 2, to begin the school year after obtaining
that certification or licensure.
(b) EXCEPTIONS TO VIOLATION DETERMINATION.—
A participant in the Troops-to-Teachers Program shall not
be considered to be in violation of an agreement entered
into under subsection (a) during any period in which the
participant—
(1) is pursuing a full-time course of study re-
lated to the field of teaching at an eligible institu-
tion;
(2) is serving on active duty as a member of the
Armed Forces;
(3) is temporarily totally disabled for a period
of time 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 12 months by reason of the care re-
quired by a spouse who is disabled;
(5) is seeking and unable to find full-time em-
ployment as a teacher in an elementary or secondary
school or as a vocational or technical teacher for a
single period not to exceed 27 months; or
(6) satisfies the provisions of additional reim-
bursement exceptions that may be prescribed by the
Secretary of Education.
SEC. 6. STIPEND AND BONUS FOR PARTICIPANTS.
(a) STIPEND AUTHORIZED.—
(1) IN GENERAL.—Subject to paragraph (2),
the Secretary of Education shall pay to each partici-
pant in the Troops-to-Teachers Program a stipend
in an amount equal to $3,000.
(2) TOTAL NUMBER OF STIPENDS.—The total
number of stipends that may be paid under para-
graph (1) in any fiscal year may not exceed 5,000.
(b) BONUS AUTHORIZED.—
(1) IN GENERAL.—Subject to paragraph (2),
the Secretary of Education may, in lieu of paying a
stipend under subsection (a), pay a bonus of $5,000
to each participant in the Troops-to-Teachers Pro-
gram who agrees under section 5 to accept full-time
employment as an elementary or secondary school
teacher or vocational or technical teacher for not less
than four years in a high need school.
(2) TOTAL NUMBER OF BONUSES.—The total
number of bonuses that may be paid under para-
graph (1) in any fiscal year may not exceed 1,000.
(3) HIGH
NEED
SCHOOL
DEFINED.—In this
subsection, the term ‘‘high need school’’ means an
elementary school or secondary school that meets
one or more of the following criteria:
(A) A school with a drop out rate that ex-
ceeds the national average school drop out rate.
(B) A school having a large percentage of
students (as determined by the Secretary of
Education in consultation with the National As-
sessment Governing Board) who speak English
as a second language.
(C) A school having a large percentage of
students (as so determined) who are at risk of
educational failure by reason of limited pro-
ficiency in English, poverty, race, geographic lo-
cation, or economic circumstances.
(D) A school at least one-half of whose
students are from families with an income
below the poverty line (as that term is defined
by the Office of Management and Budget and
revised annually in accordance with section
673(2) of the Community Services Block Grant
Act (42 U.S.C. 9902(2)) applicable to a family
of the size involved.
(E) A school with a large percentage of
students (as so determined) who qualify for as-
sistance under part B of the Individuals with
Disabilities Education Act (20 U.S.C. 1411 et
seq.).
(F) A school meeting any other criteria es-
tablished by the Secretary in consultation with
the National Assessment Governing Board.
(c) TREATMENT OF STIPEND AND BONUS.—Stipends
and bonuses paid under this section shall be taken into
account in determining the eligibility of the participant
concerned for Federal student financial assistance pro-
vided under title IV of the Higher Education Act of 1965
(20 U.S.C. 1070 et seq.).
(d) 
REIMBURSEMENT
UNDER
CERTAIN
CIR-
CUMSTANCES.—
(1) STIPEND.—If a participant in the Troops-
to-Teachers Program fails to obtain teacher certifi-
cation or licensure or employment as an elementary
or secondary school teacher or vocational or tech-
nical teacher as required under the agreement or
voluntarily leaves, or is terminated for cause, from
the employment during the four years of required
service, the participant shall be required to reim-
burse the Secretary of Education for any stipend
United States on the day on which the reimburse-
ment is determined to be due for securities having
maturities of ninety days or less and shall accrue
from the day on which the participant is first noti-
fied of the amount due.
(e) EXCEPTIONS
TO REIMBURSEMENT REQUIRE-
MENT.—A participant in the Troops-to-Teachers Program
shall be excused from reimbursement under subsection (d)
if the participant becomes permanently totally disabled as
established by sworn affidavit of a qualified physician. The
Secretary of Education may also waive reimbursement in
cases of extreme hardship to the participant, as deter-
mined by the Secretary in consultation with the Secretary
of Defense or the Secretary of Transportation, as the case
may be.
(f) RELATIONSHIP
TO EDUCATIONAL ASSISTANCE
UNDER MONTGOMERY GI BILL.—The receipt by a partic-
ipant in the Troops-to-Teachers Program of any assist-
ance under the program shall not reduce or otherwise af-
fect the entitlement of the participant to any benefits
under chapter 30 of title 38 or chapter 1606 of title 10,
United States Code.
SEC. 7. DISCHARGE OF STATE ACTIVITIES THROUGH CON-
SORTIA OF STATES.
The Secretary of Education may permit States par-
ticipating in the Troops-to-Teachers Program to carry out
activities authorized for such States under the program
through one or more consortia of such States.
SEC. 8. ASSISTANCE TO STATES IN CONDUCTING ACTIVI-
TIES UNDER PROGRAM.
(a) ASSISTANCE
AUTHORIZED.—Subject to sub-
section (b), the Secretary of Education may make grants
to States participating in the Troops-to-Teachers Pro-
gram, or to consortia of such States, in order to permit
such States or consortia of States to operate offices for
purposes of recruiting eligible members of the Armed
Forces for participation in the program and facilitating
the employment of participants in the program in schools
in such States or consortia of States.
(b) TOTAL AMOUNT OF GRANTS.—The total amount
of grants under subsection (a) in any fiscal year may not
exceed $4,000,000.
SEC. 9. TRANSFER OF JURISDICTION OVER CURRENT PRO-
GRAM.
(a) EFFECT OF EXPIRATION OF DEFENSE PLACE-
MENT PROGRAM.—The Secretary of Defense, Secretary of
Transportation, and Secretary of Education shall provide
for the transfer to the Secretary of Education of any on-
going functions and responsibilities of the Secretary of De-
fense and the Secretary of Transportation with respect the
program authorized by section 1151 of title 10, United
States Code, for the period beginning on October 23,
1992, and ending on September 30, 1999.
(b) TIME
FOR TRANSFER.—The Secretaries shall
complete the transfer under subsection (a) not later than
October 1, 1999.
SEC. 10. REPORTING REQUIREMENTS.
(a) REPORT REQUIRED.—Not later than March 31,
2002, the Secretary of Education and the Comptroller
General shall each submit to Congress a report on the ef-
fectiveness of the Troops-to-Teachers Program in the re-
cruitment and retention of qualified personnel by local
educational agencies identified under section 2(b).
(b) ELEMENTS OF REPORT.—The report under sub-
section (a) shall include information on the following:
(1) The number of participants in the program.
(2) The schools in which such participants are
employed.
(3) The grade levels at which such participants
teach.
(4) The subject matters taught by such partici-
pants.
(5) The effectiveness of the teaching of such
participants, as indicated by any relevant test scores
of the students of such participants.
(6) The extent of any academic improvement in
the schools in which such participants teach by rea-
son of their teaching.
(7) The rates of retention of such participants
by the local educational agencies employing such
participants.
(8) The effect of any stipends or bonuses in en-
hancing participation in the program or in enhanc-
ing recruitment or retention of participants in the
program by the local educational agencies employing
such participants.
(9) Such other matters as the Secretary of
Education or the Comptroller General, as the case
may be, considers appropriate.
(c) RECOMMENDATIONS.—The report of the Comp-
troller General and the Secretary of Education under this
section shall also include any recommendations of the
Comptroller General as to means of improving the Troops-
to-Teachers Program, including means of enhancing the
recruitment and retention of participants in the program.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated for the Department of Edu-
cation $20,000,000 for each of fiscal years 2000 through
2004 for purposes of carrying out the Troops-to-Teachers
Program.
(b) LIMITATION ON USE OF FUNDS FOR MANAGE-
MENT INFRASTRUCTURE.—The Secretary of Education
may utilize not more than five percent of the funds avail-
able to carry out the Troops-to-Teachers Program for a
fiscal year for purposes of establishing and maintaining
the management infrastructure necessary to support the
program.
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