WEST virginia legislature
2019 first extraordinary session
House Bill 135
By Delegates Hornbuckle, Doyle, Miley, Caputo, Tomblin, Walker, Pushkin, Pyles, Boggs, Staggers, and Thompson, R.
[Introduced May 20, 2019; Referred
to the Select Committee on Education A.]
A BILL to amend and reenact §18-5A-5 of the Code of West Virginia, 1931, as amended; to amend and reenact §18-9A-9 of said code; to amend and reenact §18C-4-1, §18C-4-2, §18C-4-3, §18C-4-4 and §18C-4-5 of said code; and to amend and reenact §18C-4A-1, §18C-4A-2, and §18C-4A-3 of said code; and to amend said code by adding thereto a new section, designated §18A-4-2d, all relating to high quality education; increasing the amount that a faculty senate of a public school may allocate to a classroom teacher or librarian for academic materials, supplies or equipment which, in the judgment of the teacher or librarian, will assist providing instruction; increasing the amount of foundation expenses for academic or instructional materials; creating a mathematics teacher incentive; authorizing a one-time payment up to $2,000 to mathematic teachers completing an approved course; creating the Mathematics Incentive Program Fund; establishing minimum requirements for mathematics teachers to be eligible for the one-time payment for successful completion of an approved mathematics course; requiring recipients of the Underwood-Smith programs to be teachers pursuing mathematics, science or special education; placing additional public school teaching requirements on Underwood-Smith program recipients to teach in this state’s public schools; allocating additional academic support and mentors to Underwood-Smith program recipients; creating the Underwood-Smith Teaching Scholars Program Fund; establishing criteria necessary to be an Underwood-Smith Teaching Scholar Program scholarship recipient; establishing criteria to accept an Underwood-Smith Teaching Scholars Program award; establishing conditions for Underwood-Smith recipients to retain and renew awards; establishing limitations for an Underwood-Smith Teaching Scholars award in relation to time and outside financial aid; and establishing an expiration date of July 1, 2019 for the Underwood-Smit Teacher Loan Assistance Program provisions.
Be it enacted by the Legislature of West Virginia:
CHAPTER 18. EDUCATION.
ARTICLE 5A. LOCAL SCHOOL INVOLVEMENT.
§18-5A-5. Public school faculty senates established; election of officers; powers and duties.
(a) There is established at every public school in this state a faculty senate which is comprised of all permanent, full-time professional educators employed at the school who shall all be voting members. “Professional educators”, as used in this section, means “professional educators” as defined in chapter 18A of this code. A quorum of more than one half of the voting members of the faculty shall be present at any meeting of the faculty senate at which official business is conducted. Prior to the beginning of the instructional term each year, but within the employment term, the principal shall convene a meeting of the faculty senate to elect a chair, vice chair and secretary and discuss matters relevant to the beginning of the school year. The vice chair shall preside at meetings when the chair is absent. Meetings of the faculty senate shall be held during the times provided in accordance with subdivision (12), subsection (b) of this section as determined by the faculty senate. Emergency meetings may be held during noninstructional time at the call of the chair or a majority of the voting members by petition submitted to the chair and vice chair. An agenda of matters to be considered at a scheduled meeting of the faculty senate shall be available to the members at least two employment days prior to the meeting. For emergency meetings the agenda shall be available as soon as possible prior to the meeting. The chair of the faculty senate may appoint such committees as may be desirable to study and submit recommendations to the full faculty senate, but the acts of the faculty senate shall be voted upon by the full body.
(b) In addition to any other powers and duties conferred by law, or authorized by policies adopted by the state or county board or bylaws which may be adopted by the faculty senate not inconsistent with law, the powers and duties listed in this subsection are specifically reserved for the faculty senate. The intent of these provisions is neither to restrict nor to require the activities of every faculty senate to the enumerated items except as otherwise stated. Each faculty senate shall organize its activities as it considers most effective and efficient based on school size, departmental structure and other relevant factors.
(1) Each faculty senate
shall control funds allocated to the school from legislative appropriations
pursuant to §18-9A-9 of this code. From those funds, each classroom teacher and
librarian shall be allotted
$100 $200 for expenditure during the
instructional year for academic materials, supplies or equipment which, in the
judgment of the teacher or librarian, will assist him or her in providing
instruction in his or her assigned academic subjects or shall be returned to
the faculty senate: Provided, That nothing contained herein prohibits
the funds from being used for programs and materials that, in the opinion of
the teacher, enhance student behavior, increase academic achievement, improve
self-esteem and address the problems of students at risk. The remainder of
funds shall be expended for academic materials, supplies or equipment in
accordance with a budget approved by the faculty senate. Notwithstanding any
other provisions of the law to the contrary, funds not expended in one school
year are available for expenditure in the next school year: Provided,
however, That the amount of county funds budgeted in a fiscal year may not
be reduced throughout the year as a result of the faculty appropriations in the
same fiscal year for such materials, supplies and equipment. Accounts shall be
maintained of the allocations and expenditures of such funds for the purpose of
financial audit. Academic materials, supplies, or equipment shall be
interpreted broadly, but does not include materials, supplies, or equipment
which will be used in or connected with interscholastic athletic events.
(2) A faculty senate may establish a process for members to interview or otherwise obtain information regarding applicants for classroom teaching vacancies that will enable the faculty senate to submit recommendations regarding employment to the principal. To facilitate the establishment of a process that is timely, effective, consistent among schools and counties, and designed to avoid litigation or grievance, the state board shall promulgate a rule pursuant to §29A-3B-1 et seq. of this code to implement the provisions of this subdivision. The rule may include the following:
(A) A process or alternative processes that a faculty senate may adopt;
(B) If determined necessary, a requirement and procedure for training for principals and faculty senate members or their designees who may participate in interviews and provisions that may provide for the compensation based on the appropriate daily rate of a classroom teacher who directly participates in the training for periods beyond his or her individual contract;
(C) Timelines that will assure the timely completion of the recommendation or the forfeiture of the right to make a recommendation upon the failure to complete a recommendation within a reasonable time;
(D) The authorization of the faculty senate to delegate the process for making a recommendation to a committee of no less than three members of the faculty senate; and
(E) Such other provisions as the state board determines are necessary or beneficial for the process to be established by the faculty senate.
(3) A faculty senate may nominate teachers for recognition as outstanding teachers under state and local teacher recognition programs and other personnel at the school, including parents, for recognition under other appropriate recognition programs and may establish such programs for operation at the school.
(4) A faculty senate may submit recommendations to the principal regarding the assignment scheduling of secretaries, clerks, aides and paraprofessionals at the school.
(5) A faculty senate may submit recommendations to the principal regarding establishment of the master curriculum schedule for the next ensuing school year.
(6) A faculty senate may establish a process for the review and comment on sabbatical leave requests submitted by employees at the school pursuant to §18-2-11 of this code.
(7) Each faculty senate shall elect three faculty representatives to the local school improvement council established pursuant to §18-5A-2 of this code.
(8) Each faculty senate may nominate a member for election to the county staff development council pursuant to §18A-3-8 of this code.
(9) Each faculty senate shall have an opportunity to make recommendations on the selection of faculty to serve as mentors for beginning teachers under beginning teacher internship programs at the school.
(10) A faculty senate may solicit, accept and expend any grants, gifts, bequests, donations and any other funds made available to the faculty senate: Provided, That the faculty senate shall select a member who has the duty of maintaining a record of all funds received and expended by the faculty senate, which record shall be kept in the school office and is subject to normal auditing procedures.
(11) Any faculty senate may review the evaluation procedure as conducted in their school to ascertain whether the evaluations were conducted in accordance with the written system required pursuant to §18A-2-12 of this code or pursuant to §18A-3C-2 of this code, as applicable, and the general intent of this Legislature regarding meaningful performance evaluations of school personnel. If a majority of members of the faculty senate determine that such evaluations were not so conducted, they shall submit a report in writing to the State Board of Education: Provided, That nothing herein creates any new right of access to or review of any individual’s evaluations.
(12) A local board shall provide to each faculty senate at least six two-hour blocks of time for faculty senate meetings with at least one two-hour block of time scheduled in the first month of the employment term, one two-hour block of time scheduled in the last month of the employment term and at least one two-hour block of time scheduled in each of the months of October, December, February and April. A faculty senate may meet for an unlimited block of time during noninstructional days to discuss and plan strategies to improve student instruction and to conduct other faculty senate business. A faculty senate meeting scheduled on a noninstructional day shall be considered as part of the purpose for which the noninstructional day is scheduled. This time may be used and determined at the local school level and includes, but is not limited to, faculty senate meetings.
(13) Each faculty senate shall develop a strategic plan to manage the integration of special needs students into the regular classroom at their respective schools and submit the strategic plan to the superintendent of the county board periodically pursuant to guidelines developed by the State Department of Education. Each faculty senate shall encourage the participation of local school improvement councils, parents and the community at large in developing the strategic plan for each school.
Each strategic plan developed by the faculty senate shall include at least: (A) A mission statement; (B) goals; (C) needs; (D) objectives and activities to implement plans relating to each goal; (E) work in progress to implement the strategic plan; (F) guidelines for placing additional staff into integrated classrooms to meet the needs of exceptional needs students without diminishing the services rendered to the other students in integrated classrooms; (G) guidelines for implementation of collaborative planning and instruction; and (H) training for all regular classroom teachers who serve students with exceptional needs in integrated classrooms.
ARTICLE 9A. PUBLIC SCHOOL SUPPORT.
§18-9A-9. Foundation allowance for other current expense and substitute employees and faculty senates.
The total allowance for other current expense and substitute employees is the sum of the following:
(1) For current expense:
(A) The nonsalary related expenditures for operations and maintenance, exclusive of expenditures reported in special revenue funds, for the latest available school year, in each county, divided by the total square footage of school buildings in each county is used to calculate a state average expenditure per square foot for operations and maintenance;
(B) The total square footage of school buildings in each county divided by each county’s net enrollment for school aid purposes is used to calculate a state average square footage per student;
(C) Each county’s net enrollment for school aid purposes multiplied by the state average expenditure per square foot for operations and maintenance as calculated in paragraph (A) of this subdivision and multiplied by the state average square footage per student as calculated in paragraph (B) of this subdivision is that county’s state average costs per square footage per student for operations and maintenance;
(D) Where two or more counties join together in support of a vocational or comprehensive high school or any other program or service, the allowance for current expense may be prorated among the participating counties by adjusting the net enrollment for school aid purposes utilized in the calculation by the number of students enrolled therein for each county; and
(E) Each county’s allowance for current expense is 70.25 percent of the county’s state average costs per square footage per student for operations and maintenance amount as calculated in paragraph (C) of this subdivision; plus
(2) For professional educator substitutes or current expense, two and five-tenths percent of the computed state allocation for professional educators and professional student support personnel as determined in §18-9A-4 and §18-9A-8 of this code. Distribution to the counties is made proportional to the number of professional educators and professional student support personnel authorized for the county in compliance with §18-9A-4 and §18-9A-8 of this code; plus
(3) For service personnel substitutes or current expense, two and five-tenths percent of the computed state allocation for service personnel as determined in §18-9A-5 of this code. Distribution to the counties is made proportional to the number of service personnel authorized for the county in compliance with §18-9A-5 of this code; plus
(4) For academic materials,
supplies and equipment for use in instructional programs,
multiplied by the number of professional instructional personnel and
professional student support personnel employed in the schools of the county.
Distribution is made to each county for allocation to the faculty senate of
each school in the county on the basis of $200 $300 per
professional instructional personnel employed at the school. “Faculty Senate”
means a faculty senate created pursuant to §18-5A-5 of this code. Decisions for
the expenditure of such funds are made at the school level by the faculty
senate in accordance with the provisions of said section five, article
five-a that section and may not be used to supplant the current
expense expenditures of the county. Beginning on September 1, 1994, and every
September thereafter, county boards shall forward to each school for the use by
faculty senates the appropriation specified in this section. Each school shall
be responsible for keeping accurate records of expenditures.
CHAPTER 18A. SCHOOL PERSONNEL.
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-2d. Mathematics teacher incentive.
(a) The Legislature recognizes that receiving quality math instruction is vital to a student’s post-secondary success and that there is a shortage of certified math teachers to provide such instruction.
(b) To ensure that students are receiving the appropriate level of math instruction that will enable post-secondary success, the Department of Education shall develop or approve specialized mathematics courses and make the courses available to classroom teachers.
(c) Effective July 1, 2019, a classroom teacher who completes a specialized mathematics course established or approved pursuant to this section by May 1 of the fiscal year shall receive a one-time payment of $2,000 from the Mathematics Incentive Program line item established for the Department of Education for this purpose, subject to appropriation by the Legislature. If the appropriations to the Department of Education for this purpose are insufficient to compensate all applicable teachers, the Department of Education shall request a supplemental appropriation in an amount sufficient to compensate all such teachers. Additionally, if funds are still insufficient to compensate all applicable teachers, each applicable teacher shall receive their proportionate share of the funding available for the year. This one-time payment may not be counted as part of the teacher’s average final salary for the purpose of calculating retirement and no retirement contribution will be withheld from the payment.
(d) A classroom teacher who completes the mathematics enrichment course established or approved by the Department of Education after May 1 of the fiscal year shall receive the one-time payment described in subsection (a) of this section during the subsequent fiscal year, subject to appropriation by the Legislature.
(e) The one-time payment provided for in this section may only be paid to a classroom teacher providing math instruction in the teacher’s certified area of study for at least 60 percent of the time the teacher is providing instruction to students.
CHAPTER 18C. STUDENT LOANS; SCHOLARSHIPS AND STATE AID.
ARTICLE 4. UNDERWOOD-SMITH TEACHER TEACHING SCHOLARSHIP SCHOLARS PROGRAM.
§18C-4-1. Scholarship and loan assistance fund Underwood-Smith Teaching Scholars Program Fund created; purposes; funding.
(a) It is the purpose of
and article four-a of this chapter to improve the quality
of education in the public schools of West Virginia by encouraging and enabling
individuals who have demonstrated outstanding academic abilities to pursue
teaching careers in the public schools in this state in mathematics,
science, or special education 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, 2014, and thereafter Particular efforts shall be made in the
scholarship selection criteria and procedures to reflect the state's present
and projected subject and geographic areas of critical need: Provided,
That nothing in this article shall prohibit any individual who has demonstrated
outstanding academic abilities from eligibility for an award from the
Underwood-Smith Teacher Scholarship and Loan Assistance Fund under the
provisions of this article as they existed prior to reenactment of this article
during the 2019 Regular Session of the Legislature to pursue a teaching career
in the field of music education.
(b) In consultation with
the State Board of Education and the State Superintendent of Schools the
commission shall propose legislative rules in accordance with the provisions of
article three-a, chapter twenty-nine-a of this code §29A-3A-1 et seq.
The rules shall provide for the administration of the Underwood-Smith Teacher
Scholarship and Loan Assistance programs Teaching Scholars Program
by the vice chancellor for administration in furtherance of the purposes of
this article, and article four-a of this chapter including, but not
limited to, the following:
(1) Establishing scholarship selection criteria and procedures;
(2) Establishing criteria
and procedures for identifying
subject areas public schools or
geographic areas in critical need of teachers;
(3) Requiring scholarship recipients to teach in a public school in this state in mathematics, science, or special education at the elementary, middle, or secondary level in a geographic area of critical need pursuant to the provisions of §18C-4-3 of this code;
(3) Awarding loan
assistance, including establishing conditions under which partial awards may be
granted for less than a full year of teaching in an area of critical need; (4) Determining
eligibility for loan assistance renewal; (5) Establishing
procedures ensuring that loan assistance funds are paid directly to the proper
lending entity; and (6) (4) Establishing criteria for determining
participant compliance or noncompliance with terms of the agreement and
establishing procedures to address noncompliance including, but not limited to,
repayment, deferral and excusal; and (7) (5) Developing model agreements.
(c) The commission and state board of education jointly shall ensure that Underwood-Smith Teaching Scholars recipients receive additional academic support and training from mathematics, science, or special education mentors beginning with the freshman year and continuing through degree completion and the teaching obligation.
(c) (d) There
is created in the State Treasury a special revolving fund in the State Treasury
to be known as The Underwood-Smith Teacher Scholarship and Loan Assistance
Fund is continued in the State Treasury as a special revolving fund and is
hereafter to be known as the Underwood-Smith Teaching Scholars Program Fund.
The fund shall to be administered by the vice chancellor for
administration solely for granting scholarships and loan assistance to
teachers and prospective teachers in accordance with this article. and
article four-a of this chapter. Any moneys which may be appropriated by
the Legislature, or received by the vice chancellor for administration from
other sources, for the purposes of this article and article four-a of this
chapter 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 vice chancellor for administration by reason of
default of a scholarship or loan assistance agreement under this article
or article four-a of this chapter also shall 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) (e) The vice chancellor for administration may
accept and expend any gift, grant, contribution, bequest, endowment, or other
money for the purposes of this article and article four-a of this chapter
and shall make a reasonable effort to encourage external support for the
scholarship and loan assistance programs program. (e) (f) For the purpose of encouraging support for
the scholarship and loan assistance programs program from private
sources, the vice chancellor for administration may set aside no more than half
of the funds appropriated by the Legislature for Underwood-Smith Teacher
Scholarships and Loan Assistance Teaching Scholar awards 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
(g) In recognition of the high academic achievement necessary to receive an award under this article, each recipient shall be distinguished as an “Underwood-Smith Teaching Scholar” in a manner befitting the distinction as determined by the commission.
(h) Notwithstanding the provisions of subsection (d) of this section, and §18C-4A-3 and 18C-4A-4 of this code:
(1) Moneys in the Underwood-Smith Teaching Scholars Program Fund may be used to satisfy the loan assistance agreement pursuant to §18C-4A-3 of this code for any student who is fulfilling the requirements of an agreement on the effective date of this section;
(2) Moneys in the Underwood-Smith Teaching Scholars Program Fund may be used to fund Underwood-Smith teacher scholarships, and any renewals for which a recipient would be eligible pursuant to the prior enactment of this article, for those students receiving such scholarship on the effective date of this section; and
(3) The terms, conditions, requirements, and agreements applicable to an Underwood-Smith teacher scholarship or loan assistance recipient, prior to the effective date of this section shall continue in effect and are not altered by the reenactment of this section during the 2019 regular session of the Legislature.
§18C-4-2. Selection criteria and procedures for awarding scholarships.
designate the Higher Education Student Financial Aid Advisory Board created
by section five, article one of this chapter §18C-1-5 of this
code to shall select the recipients of Underwood-Smith teacher
scholarships Teaching Scholars who meet the eligibility criteria set
forth in subsection (b) of this section.
(b) Eligibility for an
Teacher Scholarship Teaching Scholars award shall
be limited to students who meet the following criteria:
(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 ACT test
with a cumulative grade point average of at least 3.25 on a 4.0 scale, and:
(A) For mathematics, and science majors, met the college algebra ready assessment standards and college readiness English, reading, and writing standards as established by the commission; or
(B) For special education majors, met the college statistics readiness standards and college readiness English, reading, and writing standards as established by the commission;
(2) Agree to teach in the subject area of mathematics, science, or special education in a public school in the state in a geographic area of critical need pursuant to the provisions of §18C-4-3 of this code; and
(3) In the case of a
student pursuing a certificate in special education, have a cumulative grade point average of at least
3.25 on a 4.0 scale
possible scale of four after successfully
completing two years of course work at an approved institution of higher
education in West Virginia; are public school aides or paraprofessionals as
defined in section eight, article four, chapter eighteen-a of this code and who
have a cumulative grade point average of at least 3.25 on a possible
scale of four after successfully completing two years of course work at an
approved institution of higher education in West Virginia; 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) To be eligible for an award, a noncitizen of the United States shall hold a valid Employment Authorization Document (EAD), or work permit, issued by the United States Citizenship and Immigration Services (USCIS).
accordance with the rules of the commission, the vice chancellor for
administration shall develop criteria and procedures for the selection of
scholarship recipients. The selection criteria shall reflect the purposes of
this article and shall specify the areas in which particular efforts will be
made in the selection of scholars as set forth in section one of this
article §18C-4-1 of this code. Selection procedures and criteria
also may include, but are not 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 demonstrated by
an essay written by the applicant. These 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. However, the
qualified applicants with the highest academic abilities who intend to pursue
teaching careers in areas of critical need and shortage pursuant to section one
of this article shall be given priority. (d) (e) In developing the selection criteria and
procedures to be used by the Higher Education Student Financial Aid Advisory
Board, the vice chancellor for administration shall solicit the views of public
and private education agencies and institutions and other interested parties.
Input from interested parties shall be solicited by means of written and published
selection criteria and procedures in final form for implementation and may be
solicited by means of public hearings on the present and projected teacher
needs of the state or any other methods the vice chancellor for administration
may determine to be appropriate to gather the information. (e) (f) The vice chancellor for administration
shall make application forms for Underwood-Smith Teacher Scholarships Teaching
Scholars 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 special education and who are under-represented in those
§18C-4-3. Scholarship agreement.
(a) Each recipient of an
teacher scholarship Teaching Scholars award shall
enter into an agreement with the vice chancellor for administration under which
the recipient shall meet the following conditions:
(1) Provide the commission with evidence of compliance with subsection (a), section four of this article;
(2) Beginning within
a ten-year period one year after completing the teacher education
program for which the scholarship was awarded, (A) teach
full-time in the subject area of mathematics, science, or special education
at the elementary, middle, or secondary level, or special education at the
elementary, middle or secondary level, in a geographic area of critical need,
under contract with a county board of education in a public education program
in the state, for a period of not fewer than two five consecutive
years for each year the four academic years for which a
scholarship was received. or (B) Teach full-time
under contract for not less than one year for each year for which a scholarship
was received with a county board of education in this state in a teacher
shortage area pursuant to section one of this article, 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; or (C) Within the 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: (i) Teach full-time in a
private school, parochial or other school approved for the instruction of
students of compulsory school age pursuant to section one, article eight,
chapter eighteen of this code; or (ii) Teach in an
institution of higher education in this state as defined in section two,
article one, chapter eighteen-b of this code or in a post-secondary vocational
education program in this state for a period of not fewer than two years for
each year for which a scholarship was received; or (iii) Perform
alternative service or employment in this state pursuant to rules promulgated
by the commission, 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 fewer than two years for each year for which a scholarship was
received. Any teaching time accrued during
the required five-year period as a substitute teacher for a county board of
education under paragraph (A) or (B) of this subdivision in the
subject area of mathematics, science, or special education at the elementary,
middle, or secondary level, or special education at the elementary, middle or
secondary level, shall be credited pro rata in accordance with rules
promulgated by the commission; or
(3) Repay all or part of an
teacher scholarship Teaching Scholars award
received under this article plus interest and, if applicable, reasonable
collection fees in accordance with subsection (c), section four of this
article, except as provided in subsection (d) of section four of this article
§18C-4-4 of this code.
(b) Scholarship agreements shall disclose fully the terms and conditions under which assistance under this article is provided and under which repayment may be required. The agreements shall include the following:
(1) A description of the
conditions and procedures to be established under
section four of this
article §18C-4-4 of this code; and
(2) A description of the
appeals procedure required to be established under
section four of this
article §18C-4-4 of this code.
Individuals who were
The scholarship terms, conditions, requirements, and agreements applicable
to awarded an Underwood-Smith teacher scholarship recipient
prior to the effective date of this section may apply the provisions of
paragraph (A), (B) or (C), subdivision (2), subsection (a) of this section to
teaching or other service performed by them after July 1, 1997 shall
continue in effect and are not altered by the reenactment of this section
during the 2019 first extraordinary session of the Legislature.
§18C-4-4. Renewal conditions; noncompliance; deferral; excusal.
(a) The recipient of an
Teacher Scholarship Teaching Scholars award is
eligible for scholarship renewal only during those periods when the recipient
meets the following conditions:
(1) Is enrolled as a full-time student in an accredited institution of higher education in this state;
(2) Is pursuing a
program of study leading to teacher certification in mathematics,
science, or special education at the preschool elementary, middle or
secondary level; in this state
(3) Is maintaining
satisfactory progress as determined by the institution of higher education the
recipient is attending;
(4) Is maintaining a cumulative grade point average of at least 3.25 on a 4.0 scale; and
complying with such other standards as the commission may establish by rule.
(b) Recipients found to be
in noncompliance with the agreement entered into under
section three of this
article §18C-4-3 of this code 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. Guidelines also shall 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 §18C-4-3 of this
code and for appeal procedures under which a recipient may appeal any
determination of noncompliance.
(c) A recipient is not in
violation of the agreement entered into under
section three of this article
§18C-4-3 of this code during any period in which the recipient is
meeting any of the following conditions:
(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;
Seeking and unable
to find full-time employment in accordance with paragraph (A), subdivision (2),
subsection (a), section three of this article and is fulfilling any of the
alternatives specified in paragraph (B) or (C) of that subdivision; (4) Satisfying the provisions of additional any
repayment exemptions that may be prescribed by the commission by rule; or (5) (4) Failing to comply with the terms of the
agreement due to death or permanent or temporary disability as established by
sworn affidavit of a qualified physician.
(d) The rules adopted by
the commission may provide guidelines under which the vice chancellor for
administration may extend the time period for beginning or
fulfilling the teaching obligation
to fifteen years if
extenuating circumstances exist.
§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 $5,000 for each academic year of higher education Teaching Scholars award shall be used in preparation for becoming a preschool, an elementary, middle or secondary mathematics, science, or special education teacher in the public schools of this state. The annual award is equal to the lesser of the cost of tuition or $7,800 and an institution may not charge a scholar any tuition and mandatory fees above that covered by this award and other federal, state, and institutional scholarships and grants.
(b) An Underwood-Smith Teaching Scholars award is available for a maximum of four academic years for the completion of a bachelor's degree and two additional academic years for completion of a master's degree certification in special education that meets the requirements set by the State Board of Education.
(b) No individual shall
(c) An individual may not 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 vice chancellor for administration 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 Teaching Scholars 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.
(d) The amendments to this article during the 2019 first extraordinary session of the Legislature shall be effective for school years beginning on or after July 1, 2019, and the provisions of this article existing immediately prior to the 2019 first extraordinary session of the Legislature remain in effect for school years beginning prior to July 1, 2019.
ARTICLE 4A. UNDERWOOD-SMITH TEACHER LOAN ASSISTANCE PROGRAM.
§18C-4A-1. Selection criteria and procedures for loan assistance.
(a) The Governor shall designate the Higher Education Student Financial Aid Advisory Board created by §18C-1-5 of this code to select recipients to receive Underwood-Smith Teacher Loan Assistance Awards.
(b) To be eligible for a loan award, a teacher shall agree to teach, or shall currently be teaching, a subject area of critical need or in a school or geographic area of the state identified as an area of critical need. The advisory board shall make decisions regarding loan assistance pursuant to §18C-4-1 of this code.
(c) In accordance with the rule promulgated pursuant to §18C-4-1 of this code, the Vice Chancellor for Administration shall develop additional eligibility criteria and procedures for the administration of the loan program.
(d) The Vice Chancellor for Administration shall make available program application forms to public and private schools in the state via the website of the commission and the State Department of Education and in other locations convenient to potential applicants.
(e) The provisions of this section expire effective July 1, 2019.
§18C-4A-2. Loan assistance agreement.
(a) Before receiving an award, each eligible teacher shall enter into an agreement with the Vice Chancellor for Administration and shall meet the following criteria:
(1) Provide the commission with evidence of compliance with §18C-4-4(b) of this code;
(2) Teach in a subject area of critical need or in a school or geographic area of critical need full time under contract with a county board for a period of two school years for each year for which loan assistance is received pursuant to this article. The Vice Chancellor for Administration may grant a partial award to an eligible recipient whose contract term is for less than a full school year pursuant to criteria established by commission rule.
(3) Acknowledge that an award is to be paid to the recipient's student loan institution, not directly to the recipient, and only after the commission determines that the recipient has complied with all terms of the agreement; and
(4) Repay all or part of an award received pursuant to this article if the award is not paid to the student loan institution or if the recipient does not comply with the other terms of the agreement.
(b) Each loan agreement shall disclose fully the terms and conditions under which an award may be granted pursuant to this article and under which repayment may be required. The agreement also is subject to and shall include the terms and conditions established by section five, article four of this chapter.
(c) The provisions of this section expire effective July 1, 2019.
§18C-4A-3. Amount and duration of loan assistance; limits.
(a) Each award recipient is eligible to receive loan assistance of up to $3,000 annually, subject to limits set forth in subsection (b) of this section:
(1) If the recipient has taught for a full school year under contract with a county board in a subject area of critical need or in a school or geographic area of critical need; and
(2) If the recipient otherwise has complied with the terms of the agreement and with applicable provisions of this article and article four of this chapter, and any rules promulgated pursuant thereto.
(b) The recipient is eligible for renewal of loan assistance only during periods when the recipient is under contract with a county board to teach in a subject area of critical need or in a school or geographic area of critical need and complies with other criteria and conditions established by rule, except that a teacher who is teaching under a contract in a position that no longer meets the definition of critical need under rules established in accordance with §18C-4-1 of this code is eligible for renewal of loan assistance until the teacher leaves his or her current position.
(c) A recipient may not receive loan assistance pursuant to this article which accumulates in excess of $15,000.
(d) The provisions of this section expire effective July 1, 2019.
NOTE: The purpose of this bill is to authorize a mathematics teacher incentive, reforms the Underwood-Smith programs and increases the amount that a faculty senate of a public school may allocate to a classroom teacher or librarian for academic materials, supplies or equipment which, in the judgment of the teacher or librarian, will assist providing instruction.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.