ENROLLED
H. B. 2821
(By Mr. Speaker, Mr. Kiss, and Delegate Ashley)
[By Request of the Executive]
[Passed April 12, 1997; in effect July 1, 1997.]
AN ACT to amend and reenact sections one, two, three, four and
five, article four, chapter eighteen-c of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
all relating to the Underwood-Smith teacher scholarship
program; requiring particular efforts in scholarship
selection to reflect present and projected teacher needs;
requiring the higher education governing boards to
promulgate rules for the program in consultation with the
state superintendent; providing for designation of a
selection panel by the governor; clarifying that the program
includes middle school teaching; providing eligibility for
paraprofessionals; requiring the senior administrator to
make an effort to attract certain underrepresented classes
of students; revising the terms of the scholarship agreement
with respect to loan forgiveness for teaching in the public
schools and providing additional alternatives; allowing for
extension of the obligation period for extenuating
circumstances; and providing for institution financial aid officers in consultation with scholarship recipients to
determine assistance package when amounts from different
sources exceed cost of attendance.
Be it enacted by the Legislature of West Virginia:
That sections one, two, three, four and five, article four,
chapter eighteen-c of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, be amended and reenacted to
read as follows:
ARTICLE 4. UNDERWOOD-SMITH TEACHER SCHOLARSHIP PROGRAM.
§18C-4-1. Scholarship fund created; purposes; funding.
(a) It is the purpose of this article to improve the quality
of education in the public schools of West Virginia by
encouraging and enabling West Virginia resident individuals who
have demonstrated outstanding academic abilities to pursue
teaching careers at the preschool, elementary, middle or
secondary levels in the public schools of this state. In
addition, of those individuals who have demonstrated outstanding
academic abilities to pursue teaching careers, for scholarships
initially awarded for the fall semester, one thousand nine
hundred ninety-eight, and thereafter, particular efforts will be
made in the scholarship selection criteria and procedures to
reflect the state's present and projected teacher needs,
including needs statewide and in different geographic areas and
for teachers with education and training in specific disciplines.
(b) The higher education governing boards shall, in
consultation with the state superintendent of schools, promulgate
reasonable legislative rules in accordance with the provisions of article three-a, chapter twenty-nine-a of this code, for the
administration of the Underwood-Smith teacher scholarship program
by the senior administrator in furtherance of the purposes of
this article, including, but not limited to, scholarship
selection criteria and procedures, renewal, compliance,
noncompliance and repayment, deferral and excusal. In accordance
with such rules, the senior administrator shall establish
appropriate guidelines for program operation.
(c) There is hereby created in the state treasury a special
revolving fund to be known as the "Underwood-Smith Teacher
Scholarship Fund" to be administered by the senior administrator
solely for granting scholarships to prospective teachers in
accordance with this article. Any moneys which may be
appropriated by the Legislature, or received by the senior
administrator from other sources, for the purposes of this
article shall be deposited in the fund. Any moneys remaining in
the fund at the close of a fiscal year shall be carried forward
for use in the next fiscal year. Any moneys repaid to the senior
administrator by reason of default of a scholarship agreement
under this article shall also be deposited in the fund. Fund
balances shall be invested with the state's consolidated
investment fund, and any and all interest earnings on these
investments shall be used solely for the purposes for which
moneys invested were appropriated or otherwise received.
(d) The senior administrator may accept and expend any gift,
grant, contribution, bequest, endowment or other money for the
purposes of this article and shall make a reasonable effort to encourage external support for the scholarship program.
(e) For the purpose of encouraging support for the
scholarship program from private sources, the senior
administrator may set aside no more than half of the funds
appropriated by the Legislature for Underwood-Smith teacher
scholarships to be used to match two state dollars to each
private dollar from a nonstate source contributed on behalf of a
specific institution of higher education in this state.
§18C-4-2. Selection criteria and procedures.
(a) The governor shall designate an existing scholarship
selection agency or panel to select the recipients of
Underwood-Smith teacher scholarships who meet the eligibility
criteria set forth in subsection (b) of this section. If no such
agency or panel exists, the governor shall appoint a scholarship
selection panel for this purpose which shall consist of seven
persons representative of public school administrators, teachers,
including preschool teachers, and parents.
(b) Eligibility for an Underwood-Smith teacher scholarship
award shall be limited to West Virginia resident students who:
(1) Have graduated or are graduating from high school, and
rank in the top ten percent of their graduating class or the top
ten percent statewide of those West Virginia students taking the
American college test;
(2) Have a cumulative grade point average of at least three
and twenty-five one hundredths on a possible scale of four after
successfully completing two years of course work at an approved
institution of higher education;
(3) Are public school aides or paraprofessionals as defined
in section eight, article four, of chapter eighteen-a of this code,
and who have a cumulative grade point average of at least three
and twenty-five one hundredths on a possible scale of four after
successfully completing two years of course work at an approved
institution of higher education; or
(4) Are graduate students at the master's degree level who
have graduated or are graduating in the top ten percent of their
college graduating class.
(c) In accordance with the rules of the governing boards,
the senior administrator shall develop criteria and procedures
for the selection of scholarship recipients that reflect the
purposes of this article and the areas in which particular
efforts will be made in the selection of scholars as set forth in
section one of this article and which also may include, but not
be limited to, the grade point average of the applicant,
involvement in extracurricular activities, financial need,
current academic standing and an expression of interest in
teaching as expressed in an essay written by the applicant. Such
criteria and procedures further may require the applicant to
furnish letters of recommendation from teachers and others. It is
the intent of the Legislature that academic abilities be the
primary criteria for selecting scholarship recipients.
(d) In developing the selection criteria and procedures to
be used by the panel, the senior administrator shall solicit the
views of public and private education agencies and institutions
and other interested parties. These views: (1) Shall be solicited by means of written and published selection criteria
and procedures in final form for implementation; and (2) may be
solicited by means of public hearings on the present and
projected teacher needs of the state or such other methods as the
senior administrator may determine to be appropriate to gather
such information.
(e) The senior administrator shall make application forms
for Underwood-Smith teacher scholarships available to public and
private high schools in the state and in other locations
convenient to applicants, parents and others, and shall make an
effort to attract students from low- income backgrounds, ethnic or
racial minority students, students with disabilities, and women
or minority students who show interest in pursuing teaching
careers in mathematics and science and who are under represented
in those fields.
§18C-4-3. Scholarship agreement.
(a) Each recipient of an Underwood-Smith teacher scholarship
shall enter into an agreement with the senior administrator under
which the recipient shall:
(1) Provide the board with evidence of compliance with
subsection (a), section four of this article;
(2) Within a ten-year period after completing the teacher
education for which the scholarship was awarded: and
(A) Teach full-time under contract with a county board of
education in a public education program in the state for a period
of not less than two years for each year for which a scholarship
was received, or teach full-time under contract with a county board of education in this state in a teacher shortage area as
determined by the state board of education, in an exceptional
children program in this state, in a school having less than
average academic results, or in a school in an economically
disadvantaged area of this state for not less than one year for
each year for which a scholarship was received; or
(B) Within such ten-year period while seeking and unable to
secure a full-time teaching position under contract with a county
board of education which satisfies the conditions of paragraph
(A) of this subdivision: (Ii) Tteach full-time in a private
school, parochial or other school approved under exemptions (A)
or (K) for the instruction of students of compulsory school age
pursuant to section one, article eight, chapter eighteen of this
code, or in a higher educational institution in this state or
post-secondary vocational education program in this state as
defined in section two, article one, chapter eighteen-b of this
code, for a period of not less than two years for each year for
which a scholarship was received; or (ii) perform alternative
service or employment in this state pursuant to guidelines
adopted in accordance with the rules of the governing boards in
federal, state, county or local supported programs with an
educational component, including mental or physical health care,
or with bona fide tax exempt charitable organizations dedicated
to the above, for a period of not less than two years for each
year for which a scholarship was received.
Any teaching time accrued as a substitute teacher for a
county board of education under paragraphs (A) or (B) of this subdivision shall be credited pro rata in accordance with rules
of the governing boards; or
(3) Repay all or part of an Underwood-Smith teacher
scholarship received under this article plus interest and, if
applicable, reasonable collection fees, in accordance with
subsection (b), section four of this article, except as provided
in subsections (c) and (d) of said section four.
(b) Scholarship agreements shall fully disclose the terms
and conditions under which assistance under this article is
provided and under which repayment may be required, including:
(1) A description of the conditions and procedures to be
established under section four of this article; and
(2) A description of the appeals procedure required to be
established under section four of this article.
(c) Individuals who were awarded an Underwood-Smith teacher
scholarship prior to the effective date of this section may apply
the provisions of paragraphs (A) or (B), subdivision (2),
subsection (a) of this section to teaching or other service
performed by them after the first day of July, one thousand nine
hundred ninety-seven.
§18C-4-4. Renewal conditions; noncompliance; deferral; excusal.
(a) The recipient of an Underwood-Smith teacher scholarship
is eligible for scholarship renewal only during such periods that
the recipient is:
(1) Enrolled as a full-time student in an accredited
institution of higher education in this state;
(2) Pursuing a course of study leading to teacher certification at the preschool, elementary, middle or secondary
level in this state;
(3) Maintaining satisfactory progress as determined by the
institution of higher education the recipient is attending; and
(4) Complying with such other standards as the boards may
establish by rule.
(b) Recipients found to be in noncompliance with the
agreement entered into under section three of this article shall
be required to repay the amount of the scholarship awards
received, plus interest, and, where applicable, reasonable
collection fees, on a schedule and at a rate of interest
prescribed in the program guidelines. Such guidelines shall also
provide for proration of the amount to be repaid by a recipient
who teaches for part of the period required under subsection (a),
section three of this article and for appeal procedures under
which a recipient may appeal any determination of noncompliance.
(c) A recipient shall not be considered in violation of the
agreement entered into under section three of this article during
any period in which the recipient is:
(1) Pursuing a full-time course of study at an accredited
institution of higher education;
(2) Serving, not in excess of four years, as a member of the
armed services of the United States;
(3) Seeking and unable to find full-time employment in
accordance with paragraphs (A), subdivision (2), subsection (a),
section three of this article and is fulfilling any of the
alternatives specified in paragraph (B) of said subdivision; or
(4) Satisfying the provisions of additional repayment
exemptions that may be prescribed by the boards by rule.
(d) A recipient shall be excused from repayment of a teacher
scholarship received under this article if the recipient dies or
becomes permanently and totally disabled as established by sworn
affidavit of a qualified physician.
(e) The rules adopted by the governing boards may provide
guidelines under which the senior administrator may, if
extenuating circumstances exist, extend the period for fulfilling
the obligation to fifteen years.
§18C-4-5. Amount and duration of scholarship; relation to other assistance.
(a) Subject to subsection (b) of this section, each recipient
of an Underwood-Smith teacher scholarship is eligible to receive
assistance of up to five thousand dollars for each academic year
of higher education in preparation for becoming a preschool,
elementary, middle or secondary teacher in the public schools of
this state. No individual may receive scholarship assistance for
more than four academic years for the completion of a bachelor's
degree and two academic years for completion of a master's
degree.
(b) No individual shall receive a scholarship award under
this article which exceeds the cost of attendance at the
institution the individual is attending. The cost of attendance
shall be based upon the actual cost of tuition and fees, and
reasonable allowances for books, educational supplies, room and board and other expenses necessitated by individual
circumstances, in accordance with the program guidelines. For
the purposes of establishing an award amount, the senior
administrator shall take into account the amount of financial aid
assistance the recipient has or will receive from all other
sources. If the amount of the Underwood-Smith teacher
scholarship assistance award and the amount of assistance awards
which the recipient has received from all other sources exceed
the cost of attendance, the institution's financial aid officer,
in consultation with the scholar, will determine what aid is to
be reduced and shall do so in a manner to the best advantage of
the scholar.