I
106TH CONGRESS
2D SESSION
H. R. 4486
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.
IN THE HOUSE OF REPRESENTATIVES
MAY 17, 2000
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 out-
standing secondary school graduates or exceptional cer-
tified 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, elemen-
tary or secondary level or improve their teaching skills
through further education.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘21st Century Teaching
Scholarships Act’’.
SEC. 2. PURPOSE; DESIGNATION.
(a) PURPOSE.—It is the purpose of this Act to make
available, through grants to the States, scholarships to in-
dividuals who are outstanding secondary school graduates
or exceptional certified teachers and who demonstrate a
commitment to and capacity for teaching, in order to en-
able and encourage those individuals to pursue teaching
careers in education at the preschool, elementary, or sec-
ondary level or improve their teaching skills through fur-
ther education.
(b) DESIGNATION.—Scholarships awarded under this
Act shall be referred to as the ‘‘21st Century Teaching
Scholarships’’.
SEC. 3. ALLOCATION AMONG STATES.
(a) ALLOCATION.—From the sums appropriated for
this Act for any fiscal year, the Secretary shall allocate
to any State an amount based on the school-age popu-
lation in the State compared to the school-age population
in all States that apply for funds under this Act.
(b) USE OF CENSUS DATA.—For the purpose of this
section, the number of persons in a State and in all States
shall be determined by the most recently available data
from the Bureau of the Census.
SEC. 4. GRANT APPLICATIONS.
(a) SUBMISSION OF APPLICATIONS.—The Secretary
is authorized to make grants to States in accordance with
the provisions of this Act. In order to receive a grant
under this Act, a State shall submit an application at such
time or times, in such manner, and containing such infor-
mation as the Secretary may prescribe by regulation. Such
application shall set forth a program of activities for car-
rying out the purposes set forth in section 2 in such detail
as will enable the Secretary to determine the degree to
which such program will accomplish the purposes and re-
quirements of this Act.
(b) CONTENT
OF APPLICATIONS.—The Secretary
shall approve an application under this Act only if the
application—
(1) describes the procedures to be used by the
State in the selection of scholarship recipients under
this Act;
(2) designates as the State agency responsible
for administering the grants received under this Act
the State agency which administers the program
under subpart 4 of part A of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070c et seq.)
(relating to the leveraging educational assistance
partnership program), the State agency with which
the Secretary has an agreement under section
428(b) of the Higher Education Act of 1965 (20
U.S.C. 1078), or another appropriate State agency
approved by the Secretary;
(3) describes the outreach effort the State
agency intends to use to publicize the availability of
21st Century Teaching Scholarships to secondary
school students and certified teachers in the State,
making particular efforts to attract qualified appli-
cants from low-income backgrounds; ethnic and ra-
cial minorities; individuals with disabilities; individ-
uals who express a willingness or desire to teach in
schools having less than average academic results or
serving large numbers of economically disadvantaged
students; or women or minorities who intend to pur-
sue teaching careers in mathematics and science and
who are underrepresented in such fields;
(4) describes how the State will inform recipi-
ents, upon receipt of the award, of current and pro-
jected teacher shortages and surpluses within the
State;
(5) provides assurances that each recipient eli-
gible under section 6(b) of this Act who receives a
21st Century Teaching Scholarship shall enter into
an agreement with the State agency under which the
recipient shall—
(A) within the 10-year period after com-
pleting the postsecondary education for which
the 21st Century Teaching Scholarship was
awarded, teach for a period of not less than 2
years, on a full-time basis, for each year for
which full-time assistance was received or 1
year for each year for which part-time assist-
ance was received, but not to exceed 6 years for
any recipient, in a public or private licensed
preschool, elementary, or secondary school in
any State, except that, in the case of individuals
who teach in a shortage area established by the
Secretary pursuant to section 12, the require-
ments of this subparagraph shall be reduced by
one-half;
(B) provide the State agency evidence of
compliance with section 7 as required by the
State agency; and
(C) repay all or part of a 21st Century
Teaching Scholarship received under section 5
plus interest and, if applicable, reasonable col-
lection fees, in compliance with regulations
issued by the Secretary under section 8, in the
event that the conditions of subparagraph (A)
are not complied with, except as provided for
in section 9;
(6) provides that the agreement entered into
with recipients shall fully disclose the terms and con-
ditions under which assistance under this Act is pro-
vided and under which repayment may be required,
including—
(A) a description of the procedures re-
quired to be established under paragraph (7);
and
(B) a description of the appeals procedures
required to be established under paragraph (8)
under which a recipient may appeal a deter-
mination of noncompliance with any provision
under this Act;
(7) provides for procedures under which a re-
cipient of assistance received under this Act who
teaches for less than the period required under para-
graph (5)(A) will have the repayment requirements
reduced or eliminated consistent with the provisions
of sections 8 and 9;
(8) provides for appeals procedures under which
a recipient may appeal any determination of non-
compliance with any provision under this Act; and
(9) provides assurances that the selection panel
makes scholarship awards based solely on the selec-
tion criteria in section 6.
(c) SELECTION
PROCEDURES.—The State edu-
cational agency, in cooperation with the State higher edu-
cation agency, and pursuant to scholarship selection cri-
teria included in section 6, shall establish procedures to
select 21st Century Teaching Scholarship recipients.
These procedures shall be intended to attract highly quali-
fied individuals into teaching, to ensure that these stu-
dents are enrolled or are accepted for enrollment in ap-
proved teacher education programs, and to meet the
present and projected needs of States in addressing teach-
er shortages, including—
(1) the demand for and supply of early child-
hood and elementary teachers in the State;
(2) the demand for and supply of secondary
teachers in the State;
(3) the demand for and supply of teachers with
training in specific academic disciplines in the State;
(4) the demand for and supply of teachers of
students with disabilities in the State;
(5) the demand for and supply of teachers for
limited English proficient students in the State;
(6) the demand for and supply of teachers for
preschool age children in the State; and
(7) the demand for and supply of teachers in
geographic areas of the State where there is a dem-
onstrated shortage of qualified teachers.
(d) SOLICITATION OF VIEWS ON SELECTION PROCE-
DURES.—In developing the selection procedures to be used
by the State, the State shall solicit the views of teachers,
the public, teacher education programs, local educational
agencies, private educational institutions, and other inter-
ested parties. Such views—
(1) shall be solicited by means of—
(A) written comments; and
(B) publication of proposed procedures in
final form for implementation; and
(2) may be solicited by means of—
(A) public hearings on the teaching needs
of elementary and secondary schools in the
State (including the number of new teachers
needed, the expected supply of new teachers,
and the shortages in the State of teachers with
specific preparation); or
(B) such other methods as the State may
determine to be appropriate to gather informa-
tion on such needs.
SEC. 5. AMOUNT AND DURATION OF AND RELATION TO
OTHER ASSISTANCE.
(a) LIMITATIONS
ON AMOUNT
AND DURATION.—
Subject to subsection (c) each 21st Century Teaching
Scholarship recipient shall receive a $10,000 scholarship
for each academic year of full-time postsecondary edu-
cation for study in preparation to become a preschool, spe-
cial education, elementary, or secondary teacher or a
$5,000 scholarship for each academic year of part-time
postsecondary education for those scholars who qualify for
part-time scholarships in accordance with section 7(1). No
individual shall receive scholarship assistance for more
than 5 years of full-time or part-time postsecondary edu-
cation, as determined by the State agency.
(b) CONSIDERATION
OF AWARD
IN OTHER PRO-
GRAMS.—Notwithstanding the provisions of title IV of the
Higher Education Act of 1965, scholarship funds awarded
pursuant to this Act shall be considered in determining
eligibility for student assistance under title IV of the
Higher Education Act of 1965.
(c) ASSISTANCE NOT TO EXCEED COST OF ATTEND-
ANCE.—No individual shall receive an award under the
21st Century Teaching Scholarship established under this
Act, in any academic year, which exceeds the cost of at-
tendance, as defined in section 472 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1087ll), at the institution
the individual is attending. A scholarship awarded under
this Act shall not be reduced on the basis of the student’s
receipt of other forms of Federal student financial assist-
ance, but shall be taken into account in determining the
eligibility of the student for those other forms of Federal
student financial assistance.
SEC. 6. SELECTION OF 21ST CENTURY TEACHING SCHOL-
ARS.
(a) SELECTION BY STATEWIDE PANELS.—21st Cen-
tury Teaching Scholars shall be selected by a 7-member
statewide panel appointed by the chief State elected offi-
cial, acting in consultation with the State educational
agency, or by an existing grant agency or panel designated
by the chief State elected official and approved by the Sec-
retary. The statewide panel shall include community lead-
ers, business leaders, principals, teachers, parents, and,
after 2005, former scholarship recipients. The panel shall
not include elected officials with responsibility for edu-
cation, including State legislators, employees of State edu-
cation agencies or local education authorities other than
principals or teachers, teachers union officials, or employ-
ees of the chief State elected official.
(b) ELIGIBILITY FOR SELECTION.—To be eligible for
selection, an applicant shall—
(1) be a citizen of the United States or a per-
manent legal resident of the United States;
(2) be no less than 17 years old and no more
than 35 years old on September 1 of the year in
which they commence their scholarship;
(3) be a resident of the State of application or
a dependent of an active duty service member who
had a permanent duty station in the State of appli-
cation within the last 5 years; and
(4) have a high school degree or equivalent
thereof or have completed home schooling through
grade 12 by the end of the semester before begin-
ning the scholarship.
(c) CRITERIA FOR SELECTION.—Panels shall select
the best qualified applicants based on academic and schol-
arly achievement and aptitude for and commitment to the
profession of teaching. In making their selections, panels
may consider high school and college transcripts and grade
point averages, standardized test scores, class standing,
extracurricular activities, work experience, awards and
honors, letters of reference, the applicant’s expression of
interest in teaching and planned program of study, as ex-
pressed in an essay written by the applicant, and, at the
discretion of the panel, interviews with the candidates. Up
to 35 percent of the scholarships awarded may be des-
ignated for applicants who commit to programs of study
that will address teacher shortages in the areas identified
by the State in accordance with section 4(c) of this Act.
Panels shall not consider financial need, race, gender, eth-
nicity, religious preference, political or union affiliation,
college preference, or geographic distribution within the
State when determining the best qualified applicants.
(d) AVAILABILITY
OF APPLICATIONS.—The State
educational agency shall make applications available to
public and private secondary schools and colleges, local
education authority human resource departments, and in
other locations convenient to potential applicants, parents,
and others.
SEC. 7. SCHOLARSHIP CONDITIONS.
Recipients of scholarship assistance under this Act
shall continue to receive such scholarship payments only
during such periods that the State agency finds that the
recipient is—
(1) enrolled as a full-time student in an accred-
ited postsecondary institution or, if the scholar is a
certified teacher, a classroom teacher who is not so
certified and is teaching under a waiver authorized
in State law, or an educational assistant working
full-time in the classroom, enrolled as a part-time
student in an accredited postsecondary institution;
(2) pursuing a course of study leading to teach-
er certification or pursuing a postgraduate course of
study leading to a higher degree or a second bach-
elors degree for teachers who are already certified;
and
(3) maintaining satisfactory progress as deter-
mined by the postsecondary institution the recipient
is attending.
SEC. 8. SCHOLARSHIP REPAYMENT PROVISIONS.
Recipients found by the State agency to be in non-
compliance with the agreement entered into under section
4(b)(5) of this Act shall be required to repay a pro rata
amount of the scholarship awards received, plus interest
(but in no event at an interest rate higher than the rate
applicable to loans in the applicable period under part B
of title IV of the Higher Education Act of 1965 (20 U.S.C.
1071 et seq.)) and, where applicable, reasonable collection
fees, on a schedule and at a rate of interest to be pre-
scribed by the Secretary by regulations issued pursuant
to this Act.
SEC. 9. EXCEPTIONS TO REPAYMENT PROVISIONS.
(a) DEFERRAL DURING CERTAIN PERIODS.—A re-
cipient shall not be considered in violation of the agree-
ment entered into pursuant to section 4(b)(5)(C) during
any period in which the recipient—
(1) is pursuing a full-time course of study re-
lated to the field of teaching at an eligible institu-
tion;
(2) is serving, not in excess of 3 years, as a
member of the armed services of the United States;
(3) is temporarily totally disabled for a period
of time not to exceed 3 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 for a single period not to exceed 12
months;
(6) is seeking and unable to find full-time em-
ployment as a teacher in a public or private pre-
school, elementary or secondary school, or education
program for a single period not to exceed 27
months; or
(7) satisfies the provisions of additional repay-
ment exceptions that may be prescribed by the Sec-
retary in regulations issued pursuant to this Act.
(b) FORGIVENESS IF PERMANENTLY TOTALLY DIS-
ABLED.—A recipient shall be excused from repayment of
any scholarship assistance received under this Act if the
recipient becomes permanently totally disabled as estab-
lished by sworn affidavit of a qualified physician.
SEC. 10. FEDERAL ADMINISTRATION OF STATE PROGRAMS;
JUDICIAL REVIEW.
(a) DISAPPROVAL HEARING REQUIRED.—The Sec-
retary shall not finally disapprove any application for a
State program submitted under section 4, or any modifica-
tion thereof, without first affording the State agency sub-
mitting the program reasonable notice and opportunity for
a hearing.
(b) SUSPENSION
OF ELIGIBILITY.—Whenever the
Secretary, after reasonable notice and opportunity for a
hearing to the State agency administering a State pro-
gram approved under this Act, finds—
(1) that the State program has been so changed
that it no longer complies with the provisions of this
Act, or
(2) that in the administration of the program
there is a failure to comply substantially with any
such provisions,
the Secretary shall notify such State agency that the State
will not be regarded as eligible to participate in the pro-
gram under this Act until the Secretary is satisfied that
there is no longer any such failure to comply.
(c) COURT REVIEW.—
(1) IN GENERAL.—If any State is dissatisfied
with the Secretary’s final action under paragraph
(1) or (2) of subsection (b), such State may appeal
to the United States court of appeals for the circuit
in which such State is located. The summons and
notice of appeal may be served at any place in the
United States. The Secretary shall forthwith certify
and file in the court the transcript of the pro-
ceedings and the record on which the action was
based.
(2) FINDINGS.—The findings of fact by the
Secretary, if supported by substantial evidence, shall
be conclusive; but the court, for good cause shown,
may remand the case to the Secretary to take fur-
ther evidence, and the Secretary may thereupon
make new or modified findings of fact and may mod-
ify any previous action, and shall certify to the court
the transcript and record of further proceedings.
Such new or modified findings of fact shall likewise
be conclusive if supported by substantial evidence.
(3) JURISDICTION.—The court shall have juris-
diction to affirm the action of the Secretary or to set
it aside, in whole or in part. The judgment of the
court shall be subject to review by the Supreme
Court of the United States upon certiorari or certifi-
(2) the rate at which such recipients success-
fully complete academic training and go on to teach-
ing careers in preschool, elementary, or secondary
education, compared to such rate for similar individ-
uals who do not receive scholarship assistance under
this Act;
(3) the extent to which it is possible to deter-
mine objectively that the receipt of scholarship as-
sistance under this Act was the primary reason for
an individual’s choice of a teaching education and
career;
(4) the extent to which such recipients comply
with the provisions of this Act;
(5) the length of time such recipients remain in
teaching careers, compared to similar teachers who
do not receive scholarships;
(6) the barriers to the effectiveness of the pro-
gram assisted under this Act;
(7) the cost-effectiveness of such program in
improving teacher quality and quantity; and
(8) the impact of the program on the quantity
and quality of applicants to colleges of education.
(c) EVALUATION REPORTS.—The Secretary shall
submit such interim evaluation reports to the President
and the Congress as may be appropriate, and shall submit
a final report on or before January 1, 2003.
(d) FUNDING.—The Secretary shall reserve a total of
not more than $1,000,000 from the amounts appropriated
pursuant to the authority of section 13 in fiscal years
2001 through 2004 to carry out this section.
SEC. 12. DEFINITIONS.
For the purposes of this Act:
(1) SHORTAGE AREAS.—(A) The term ‘‘short-
age areas’’ means—
(i) geographic areas of the State in which
there is a shortage of elementary and secondary
school teachers;
(ii) an area of shortage of elementary and
secondary school teachers in specific grade lev-
els and in specific academic, instructional, sub-
ject matter, and discipline classifications; and
(iii) any school that, in accordance with
the accountability statute of the State, is under
a program of corrective action for failure to
meet minimum State performance standards.
(B) Such shortage areas shall be prescribed by
the Secretary, in consultation with the chief State
school officer. In carrying out the provisions of this
paragraph, the Secretary shall give special consider-
ation to areas in which emergency certification or
waivers of certification of individuals in a State is
being used to correct teacher shortages and to
States which have retirement laws permitting early
retirement.
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Education.
(3) CERTIFIED TEACHER.—The term ‘‘certified
teacher’’ means a teacher who has obtained State
certification as a teacher or has passed a State
teacher licensing exam and holds a license to teach
in such State.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated $260,000,000 for fiscal year 2001 and such sums
as may be necessary for each of the 4 succeeding fiscal
years to carry out this Act.
(b) LIMITATION ON USE OF FUNDS FOR ADMINIS-
TRATIVE PURPOSES.—All of the funds appropriated under
this Act shall be distributed to the States in accordance
with section 3. No more than 5 percent of the funds ap-
propriated under this Act may be used by the State for
program administration.
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