H. B. 2821
(By Mr. Speaker, Mr. Kiss, and Delegate Ashley)
[By Request of the Executive]
[Introduced March 28, 1997; referred to the
Committee on Education.]
A BILL 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; clarifying the purposes of the program; providing
areas in which particular efforts will be made in the
selection of scholars; requiring the higher education
governing boards to promulgate rules for the program in
consultation with the state superintendent; requiring
certain determinations of public school information to be
made by the state board and provided to the senior
administrator; providing for designation of a selection
panel by the governor; clarifying that the program includes
middle school teaching; providing eligibility for
paraprofessionals; 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
encourage and
enable 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, 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 needs:
(1) For preschool, elementary, middle and secondary teachers
statewide and in different geographic areas of the state; for
teachers with education and training in specific disciplines; and
for teachers who express a willingness or desire to teach in
rural schools, schools having less than average academic results or schools serving large numbers of economically disadvantaged
students; and
(2) 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 underrepresented
in those fields. Such information on the public schools as is
required for the implementation of the provisions of this
subsection and the provisions of subsection (a), section three of
this article shall be determined annually by the state board of
education and provided to the senior administrator.
(b) The higher education governing boards
may shall, in
consultation with the state superintendent of schools, promulgate
reasonable rules
in accordance with the provisions of article
three-a, chapter twenty-nine-a of this code, under this article
for the administration of the Underwood-Smith teacher scholarship
program by the senior administrator in furtherance of
this
purpose 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
may
shall establish appropriate guidelines for program operation.
All rules so promulgated shall be filed with the secretary of
state.
(b) (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.
(c) (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.
(d) (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
senior administrator 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 may
also include, but not
be limited to, the applicant's grade point average, 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 may
further require the applicant to furnish letters
of recommendation from teachers and others.
The selection
criteria and procedures shall also reflect the present and
projected teacher needs of the state, including the demand for
and supply of early childhood, elementary and secondary teachers
and teachers with training in specific academic disciplines.
(c) (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.
(d) (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.
§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;
and
(2) Within a ten-year period after completing the teacher
education for which the scholarship was awarded:
and teach full
time under contract with a county board of education:
(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 one year for each year for which a
scholarship was received,
in this state in a teacher shortage
area as determined by the state board of education, in an
exceptional children program in this state, 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
which teaching service shall reflect any particular criteria
under the provisions of subdivision (1), subsection (a), section
one of this article for which the scholarship recipient received
special consideration by the selection panel; or
(B) If the scholarship recipient did not receive any special
consideration under the provisions of subdivision (1), subsection
(a), section one of this article, 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
(C) 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 paragraphs
(A) or (B) of this subdivision: (iI) Teach full-time under
contract with a county board of education in a public education
program in this state for a period of not less than two years for
each year for which a scholarship was received, which teaching
service does not reflect the particular criteria for which the
scholarship recipient received special consideration; or (ii)
teach 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 (iii) 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), (B) or (C) 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), (B) or (C), 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
three four years, as a member
of the armed services of the United States;
(3) Seeking and
being unable to find full-time employment
in
accordance with paragraphs (A) or (B), subdivision (2),
subsection (a), section three of this article and is fulfilling
any of the alternatives specified in paragraph (C) of said subdivision; as a teacher in a public education or exceptional
children program in the state; 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 Underwood-Smith teacher scholarship
shall be reduced by the amount by which such combined assistance
exceeds the cost of attendance, except that when other assistance
to be received by the recipient includes assistance from the West
Virginia higher education grant program, the amount to be
received from the higher education grant program shall first be
reduced 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.
NOTE: The purpose of this bill is to clarify that the
primary purpose of the Underwood-Smith Teacher Scholarship
program is to improve the quality of education in the public
schools, but that reasonable alternative service options need to
be allowed so scholarship recipients are not overly penalized if
public school teaching positions that satisfy the conditions of
the scholarship agreement are not available within a ten-year
period following graduation. The scholarship agreement
provisions are modified so that public school teaching that
satisfies special conditions made in selecting the scholar are
credited against the scholarship obligation on a one-year for
one-year basis. Alternative teaching and service options are
credited on the basis of not less than two-years' service for
each one-year of scholarship if no special conditions were made
or graduates cannot secure employment that satisfies the
conditions.
The bill also (a) Provides additional areas in which
particular effort will be made in the scholarship selection
process; (b) requires the higher education governing boards to
promulgate rules for the program in consultation with the State
Superintendent; (c) allows for extension of the obligation period
to fifteen years for extenuating circumstances; (d) allows for
determination of the final financial aid package to be made by
institutional financial aid advisors in consultation with
scholarship recipients when aid from all sources exceeds the cost
of attendance; and (e) makes other changes.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.