2000
[DOCID: f:h1742ih.txt]
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I--TEACHING SCHOLARSHIPS
SEC. 101. SHORT TITLE.
This title may be cited as the ``21st Century Teaching Scholarships
Act''.
SEC. 102. PURPOSE; DESIGNATION.
(a) Purpose.--It is the purpose of this title to make available,
through grants to the States, scholarships to individuals who are
outstanding secondary school graduates or exceptional certified
teachers and who demonstrate a commitment to and capacity for 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.
(b) Designation.--Scholarships awarded under this title shall be
referred to as the ``21st Century Teaching Scholarships''.
SEC. 103. ALLOCATION AMONG STATES.
(a) Allocation.--From the sums appropriated for this title for any
fiscal year, the Secretary shall allocate to any State an amount based
on the school-age population in the State compared to the school-age
population in all States that apply for funds under this title.
(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. 104. GRANT APPLICATIONS.
(a) Submission of Applications.--The Secretary is authorized to
make grants to States in accordance with the provisions of this title.
In order to receive a grant under this title, a State shall submit an
application at such time or times, in such manner, and containing such
information as the Secretary may prescribe by regulation. Such
application shall set forth a program of activities for carrying out
the purposes set forth in section 102 in such detail as will enable the
Secretary to determine the degree to which such program will accomplish
the purposes and requirements of this title.
(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 applicants from low-income backgrounds; ethnic and
racial minorities; individuals with disabilities; individuals
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 pursue teaching careers in mathematics and science
and who are underrepresented in such fields;
(4) describes how the State will inform recipients, upon
receipt of the award, of current and projected teacher
shortages and surpluses within the State;
(5) provides assurances that each recipient eligible 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 completing the
postsecondary education for which the 21st Century
Teaching Scholarship was awarded, teach in the State
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
assistance was received, but not to exceed 6 years for
any recipient, in a public, or public charter,
preschool, elementary, or secondary school except that,
in the case of individuals who teach in a shortage area
established by the Secretary pursuant to section 12,
the requirements 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 collection 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 conditions under
which assistance under this Act is provided and under which
repayment may be required, including--
(A) a description of the procedures required 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 determination of
noncompliance with any provision under this Act;
(7) provides for procedures under which a recipient of
assistance received under this Act who teaches for less than
the period required under paragraph (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 noncompliance with any
provision under this Act; and
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(9) provides assurances that the selection panel makes
scholarship awards based solely on the selection criteria in
section 6.
(c) Selection Procedures.--The State educational agency, in
cooperation with the State higher education agency, and pursuant to
scholarship selection criteria included in section 106, shall establish
procedures to select 21st Century Teaching Scholarship recipients.
These procedures shall be intended to attract highly qualified
individuals into teaching, to ensure that these students are enrolled
or are accepted for enrollment in approved teacher education programs,
and to meet the present and projected needs of States in addressing
teacher shortages, including--
(1) the demand for and supply of early childhood 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 demonstrated shortage of
qualified teachers.
(d) Solicitation of Views on Selection Procedures.--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
interested 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 information on such needs.
SEC. 105. 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
education for study in preparation to become a preschool, special
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 107(1). No individual shall receive scholarship assistance for
more than 5 years of full-time or part-time postsecondary education, as
determined by the State agency.
(b) Consideration of Award in Other Programs.--Notwithstanding the
provisions of title IV of the Higher Education Act of 1965, scholarship
funds awarded pursuant to this title 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 Attendance.--No individual
shall receive an award under the 21st Century Teaching Scholarship
established under this title, in any academic year, which exceeds the
cost of attendance, as defined in section 472 of the Higher Education
Act of 1965 (20 U.S.C. 1087ll), at the institution the individual is
attending. A scholarship awarded under this title shall not be reduced
on the basis of the student's receipt of other forms of Federal student
financial assistance, but shall be taken into account in determining
the eligibility of the student for those other forms of Federal student
financial assistance.
SEC. 106. SELECTION OF 21ST CENTURY TEACHING SCHOLARS.
(a) Selection by Statewide Panels.--21st Century Teaching Scholars
shall be selected by a 7-member statewide panel appointed by the chief
State elected official, 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 Secretary. The
statewide panel shall include community leaders, business leaders,
principals, teachers, parents, and, after 2005, former scholarship
recipients. The panel shall not include elected officials with
responsibility for education, including State legislators, employees of
State education agencies or local education authorities other than
principals or teachers, teachers union officials, or employees 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 permanent 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 application 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 beginning the scholarship.
(c) Criteria for Selection.--Panels shall select the best qualified
applicants based on academic and scholarly 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 expressed 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
designated for applicants who commit to programs of study that will
address teacher shortages in the areas identified by the State in
accordance with section 104(c) of this title. Panels shall not consider
financial need, race, gender, ethnicity, 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. 107. SCHOLARSHIP CONDITIONS.
Recipients of scholarship assistance under this title 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 accredited
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 teacher
certification or pursuing a postgraduate course of study
leading to a higher degree or a second bachelors degree for
teach
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ers who are already certified; and
(3) maintaining satisfactory progress as determined by the
postsecondary institution the recipient is attending.
SEC. 108. SCHOLARSHIP REPAYMENT PROVISIONS.
Recipients found by the State agency to be in noncompliance with
the agreement entered into under section 104(b)(5) of this title 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 prescribed by the Secretary by
regulations issued pursuant to this title.
SEC. 109. EXCEPTIONS TO REPAYMENT PROVISIONS.
(a) Deferral During Certain Periods.--A recipient shall not be
considered in violation of the agreement entered into pursuant to
section 104(b)(5)(C) during any period in which the recipient--
(1) is pursuing a full-time course of study related to the
field of teaching at an eligible institution;
(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 required by a spouse who
is disabled;
(5) is seeking and unable to find full-time employment for
a single period not to exceed 12 months;
(6) is seeking and unable to find full-time employment as a
teacher in a public or private preschool, elementary or
secondary school, or education program for a single period not
to exceed 27 months; or
(7) satisfies the provisions of additional repayment
exceptions that may be prescribed by the Secretary in
regulations issued pursuant to this title.
(b) Forgiveness if Permanently Totally Disabled.--A recipient shall
be excused from repayment of any scholarship assistance received under
this title if the recipient becomes permanently totally disabled as
established by sworn affidavit of a qualified physician.
SEC. 110. FEDERAL ADMINISTRATION OF STATE PROGRAMS; JUDICIAL REVIEW.
(a) Disapproval Hearing Required.--The Secretary shall not finally
disapprove any application for a State program submitted under section
104, or any modification thereof, without first affording the State
agency submitting 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 program approved under this title, finds--
(1) that the State program has been so changed that it no
longer complies with the provisions of this title, 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 program under this title
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 proceedings
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 further evidence, and the Secretary may
thereupon make new or modified findings of fact and may modify
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 jurisdiction 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 certification as provided in section 1254 of
title 28, United States Code.
SEC. 111. EVALUATION.
(a) In General.--The Secretary shall conduct, by grant or contract,
an independent evaluation of recipients of scholarship assistance under
this title, which shall summarize and evaluate the State activities
assisted under this title and the performance of such recipients. The
evaluation shall assess the impact of the scholarship program assisted
under this title to determine whether such program has brought into
teaching a significant number of highly able individuals who otherwise
would not have entered teaching, or retained in teaching a significant
number of highly qualified individuals who otherwise would have left
teaching. The evaluation shall also assess the impact of the
scholarship on improving the quality and qualifications of teachers and
the impact of the scholarships on reducing teacher shortages.
(b) Contents.--The evaluation described in subsection (a) shall
include--
(1) a description of the characteristics, including the
educational preparation and achievement, of recipients of
scholarship assistance under this title compared to similar
students participating in teacher training who do not receive
such scholarships;
(2) the rate at which such recipients successfully complete
academic training and go on to teaching careers in preschool,
elementary, or secondary education, compared to such rate for
similar individuals who do not receive scholarship assistance
under this Act;
(3) the extent to which it is possible to determine
objectively that the receipt of scholarship assistance 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 title;
(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 program
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 113 in fiscal years 2002 through 2005 to carry out this
section.
SEC. 112. DEFINITIONS.
For the purposes of this title:
(1) Shortage areas.--(A) The term ``shortage 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 eleme
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ntary and
secondary school teachers in specific grade levels and
in specific academic, instructional, subject 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 consideration 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. 113. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated
$260,000,000 for fiscal year 2002 and such sums as may be necessary for
each of the 4 succeeding fiscal years to carry out this title.
(b) Limitation on Use of Funds for Administrative Purposes.--All of
the funds appropriated under this title shall be distributed to the
States in accordance with section 103. No more than 5 percent of the
funds appropriated under this title may be used by the State for
program administration.
TITLE II--PROFESSIONAL DEVELOPMENT ENHANCEMENT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Professional Development
Enhancement Act''.
SEC. 202. STATE ACTIVITIES.
Section 2207 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6647) is amended--
(1) in paragraph (12), by striking ``; and'' and inserting
a semicolon;
(2) in paragraph (13), by striking the period and inserting
a semicolon; and
(3) by adding at the end the following:
``(14) carrying out programs that include support during
the initial teaching experience, such as mentoring programs
that--
``(A) provide mentoring to beginning teachers from
veteran teachers with expertise in the subject matter
that the beginning teachers will be teaching;
``(B) provide mentors time for activities such as
coaching, observing, and assisting the teachers who are
mentored; and
``(C) use standards or assessments for guiding
beginning teachers that are consistent with the State's
student performance standards and with the requirements
for professional development activities described in
section 2210(b)(2); and
``(15) carrying out programs that establish, expand, or
improve alternative routes to State certification of teachers
for highly qualified individuals with a baccalaureate degree,
including mid-career professionals from other occupations,
paraprofessionals, former military personnel, and recent
college or university graduates with records of academic
distinction, who demonstrate the potential to become highly
effective teachers.''.
SEC. 203. ALTERNATIVE ROUTES.
Section 2207 of the Elementary and Secondary Education Act of 1965
is amended--
(1) by inserting ``(a) Activities.--'' before ``Each
State''; and
(2) by adding at the end the following:
``(b) Components of Alternative Routes to State Certification
Programs.--To the extent appropriate, programs carried out under
subsection (a)(15) shall--
``(1) include strong academic and teaching-related course
work that provides teachers with the academic subject knowledge
and teaching knowledge needed to help students meet State
content standards;
``(2) provide intensive field experience in the form of an
internship, or student teaching, under the direct daily
supervision of an expert, veteran teacher; and
``(3) provide that, before entry into teaching, candidates
shall be fully qualified.''.
SEC. 204. DEFINITIONS.
Section 2402 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6702) is amended--
(1) by redesignating paragraphs (1) through (4) as
paragraphs (2), (5), (6), and (3) respectively;
(2) by inserting paragraph (3) (as so redesignated) after
paragraph (2);
(3) by inserting before paragraph (2) the following:
``(1) the term `beginning teacher' means an educator in a
public school who has not yet been teaching 3 full school
years;'';
(4) by inserting after paragraph (3) (as so redesignated)
the following:
``(4) the term `mentoring program' means a program to
provide professional support and development, instruction, and
guidance to beginning teachers, not including a teacher or
individual who begins to work in a supervisory position;'';
(5) in paragraph (3) (as so redesignated), by striking the
period and inserting a semicolon;
(6) in paragraph (5) (as so redesignated), by striking the
semicolon at the end and inserting ``; and''; and
(7) in subparagraph (E) of paragraph (6) (as so
redesignated), by striking ``; and'' and inserting a period.
TITLE III--LOAN FORGIVENESS FOR TEACHERS
SEC. 301. SHORT TITLE.
This title may be cited as the ``Quality Teacher Recruitment and
Retention Act''.
SEC. 302. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Over the next 10 years, a large percentage of teachers
will retire, leaving American classrooms, particularly urban
and rural classrooms, facing a serious teacher shortage.
(2) The Nation will need 2,000,000 new teachers over the
next 10 years. Unfortunately, in the past this need has been
met by admitting some unqualified teachers to the classroom.
(3) There is also a chronic shortage of fully certified
special education teachers, averaging about 27,000 per year.
While the demand is ever present, institutes of higher
education are graduating fewer teachers qualified in special
education.
(4) Moreover, the burdensome paperwork and legal
requirements are factors which lead special education teachers
to leave the profession. More special education teachers move
into the general education realm than vice versa.
(5) High quality teachers are the first vital step in
ensuring students receive a high quality education.
(6) Potentially valuable teacher candidates are often lured
into different careers by higher compensation.
(7) High-quality prospective teachers need to be identified
and recruited by presenting to them a career that is respected
by their peers, is financially and intellectually rewarding,
and contains sufficient opportunities for advancement.
(8) Teacher loan forgiveness gives high-poverty schools an
effective incentive for recruiting and retaining much-needed
high quality teachers.
(9) Loan forgiveness for high-need teachers, including
special education teachers, can be a critical link in
increasing the supply of these essential educators.
(b) Purpose.--The purpose of this title is to encourage
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individuals
to enter and continue in the teaching profession in order to ensure
that high quality teachers are recruited and retained in areas where
they are most needed so students attending school in such areas receive
a quality education.
SEC. 303. EXPANDED LOAN FORGIVENESS PROGRAM FOR TEACHERS.
(a) Program.--
(1) In general.--The Secretary of Education (in this
section referred to as the ``Secretary'') shall carry out a
program of assuming the obligation to repay, pursuant to
subsection (c), a loan made, insured, or guaranteed under part
B of title IV of the Higher Education Act of 1965 or part D of
such title (excluding loans made under sections 428B and 428C
of such Act or comparable loans made under part D of such
title) for any borrower who--
(A) is a new teacher;
(B)(i) is employed, for 3 consecutive complete
school years, as a full-time teacher in a school that
qualifies under section 465(a)(2)(A) of the Higher
Education Act of 1965 (20 U.S.C. 1087ee(a)(2)(A)) for
loan cancellation for a recipient of a loan under part
E of title IV of such Act who teaches in such schools;
or
(ii) is employed, for 3 consecutive complete school
years, as a full-time special education teacher, or as
a full-time teacher of special needs children;
(C) satisfies the requirements of subsection (d);
and
(D) is not in default on a loan for which the
borrower seeks forgiveness.
(2) Award basis; priority.--
(A) Award basis.--Subject to subparagraph (B), loan
repayment under this section shall be on a first-come,
first-serve basis and subject to the availability of
appropriations.
(B) Priority.--The Secretary shall give priority in
providing loan repayment under this section for a
fiscal year to student borrowers who received loan
repayment under this section for the preceding fiscal
year.
(3) Regulations.--The Secretary is authorized to prescribe
such regulations as may be necessary to carry out the
provisions of this section.
(b) Loan Repayment.--
(1) Eligible amount.--The amount the Secretary may repay on
behalf of any individual under this section shall not exceed--
(A) the sum of the principal amounts outstanding
(not to exceed $5,000) of the individual's qualifying
loans at the end of 3 consecutive complete school years
of service described in subsection (a)(1)(B);
(B) an additional portion of such sum (not to
exceed $7,500) at the end of each of the next 2
consecutive complete school years of such service; and
(C) a total of not more than $20,000.
(2) Construction.--Nothing in this section shall be
construed to authorize the refunding of any repayment of a loan
made under part B or D of title IV of the Higher Education Act
of 1965.
(3) Interest.--If a portion of a loan is repaid by the
Secretary under this section for any year, the proportionate
amount of interest on such loan which accrues for such year
shall be repaid by the Secretary.
(c) Repayment to Eligible Lenders.--The Secretary shall pay to each
eligible lender or holder for each fiscal year an amount equal to the
aggregate amount of loans which are subject to repayment pursuant to
this section for such year.
(d) Application for Repayment.--
(1) In general.--Each eligible individual desiring loan
repayment under this section shall submit a complete and
accurate application to the Secretary at such time, in such
manner, and containing such information as the Secretary may
require.
(2) Years of service.--An eligible individual may apply for
loan repayment under this section after completing the required
number of years of qualifying employment.
(3) Fully qualified teachers in public elementary or
secondary schools.--An application for loan repayment under
this section shall include such information as is necessary to
demonstrate that the applicant--
(A) if teaching in a public elementary, middle, or
secondary school (other than as a teacher in a public
charter school), has obtained State certification as a
teacher (including certification obtained through
alternative routes to certification) or passed the
State teacher licensing exam and holds a license to
teach in such State; and
(B) if teaching in--
(i) a public elementary school, holds a
bachelor's degree and demonstrates knowledge
and teaching skills in each of the subject
areas in which he or she provides instruction;
or
(ii) a public middle or secondary school,
holds a bachelor's degree and demonstrates a
high level of competency in all subject areas
in which he or she teaches through--
(I) a high level of performance on
a rigorous State or local academic
subject areas test; or
(II) completion of an academic
major in each of the subject areas in
which he or she provides instruction.
(4) Teachers in nonprofit private elementary or secondary
schools or charter schools.--In the case of an applicant who is
teaching in a nonprofit private elementary or secondary school,
or in a public charter school, an application for loan
repayment under this section shall include such information as
is necessary to demonstrate that the applicant has knowledge
and teaching skills in each of the subject areas in which he or
she provides instruction, as certified by the chief
administrative officer of the school.
(e) Treatment of Consolidation Loans.--A loan amount for a
consolidation loan made under section 428C of the Higher Education Act
of 1965, or a Federal Direct Consolidation Loan made under part D of
title IV of such Act, may be a qualified loan amount for the purpose of
this section only to the extent that such loan amount was used by a
borrower who otherwise meets the requirements of this section to
repay--
(1) a loan made under section 428 or 428H of such Act; or
(2) a Federal Direct Stafford Loan, or a Federal Direct
Unsubsidized Stafford Loan, made under part D of title IV of
such Act.
(f) Additional Eligibility Provisions.--
(1) Continued eligibility.--Any teacher who performs
service in a school that--
(A) meets the requirements of subsection (a)(1)(B)
in any year during such service; and
(B) in a subsequent year fails to meet the
requirements of such subsection,
may continue to teach in such school and shall be eligible for
loan forgiveness pursuant to subsection (a).
(2) Prevention of double benefits.--No borrower may, for
the same service, receive a benefit under both this section and
subtitle D of title I of the National and Community Service Act
of 1990 (42 U.S.C. 12571 et seq.).
(3)
26e
Definition of new teacher.--The term ``new teacher''
means an individual who has not previously been employed as a
teacher in an elementary or secondary school prior to August 1,
2002, excluding employment while engaged in student teaching
service or comparable activity that is part of a preservice
education program.
SEC. 303. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this title
such sums as may be necessary for fiscal year 2002 and for each of the
4 succeeding fiscal years.
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