Texas 2009 - 81st Regular

Texas House Bill HB182 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R2470 CAE-D
2	2	By: Alonzo H.B. No. 182
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a program to assist certain persons to become certified
8	8	to teach in bilingual education programs and to teach in public
9	9	schools with a shortage of certified bilingual education teachers.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 21, Education Code, is amended by adding
12	12	Subchapter Q to read as follows:
13	13	SUBCHAPTER Q. BILINGUAL EDUCATION CERTIFICATION PROGRAM
14	14	Sec. 21.801. DEFINITIONS. In this subchapter:
15	15	(1) "General academic teaching institution," "private
16	16	or independent institution of higher education," "public junior
17	17	college," and "recognized accrediting agency" have the meanings
18	18	assigned by Section 61.003.
19	19	(2) "Program" means the Bilingual Education
20	20	Certification Program.
21	21	Sec. 21.802. ESTABLISHMENT OF PROGRAM. The agency shall
22	22	establish a program to:
23	23	(1) assist persons who have completed at least 60
24	24	semester credit hours of course work toward an associate degree at a
25	25	junior college to earn a baccalaureate degree and be certified to
26	26	teach in a bilingual education program in a public elementary or
27	27	secondary school in this state; and
28	28	(2) facilitate the employment of those persons by a
29	29	public elementary or secondary school in this state that has a
30	30	shortage of teachers certified to teach in the school's bilingual
31	31	education program and that is located in a regional educational
32	32	service center region that has a severe shortage of such teachers as
33	33	described by Section 21.807(2)(B).
34	34	Sec. 21.803. ELIGIBILITY. A person is eligible for the
35	35	program only if the person:
36	36	(1) has completed at least 60 semester credit hours of
37	37	course work toward an associate degree at a public junior college or
38	38	a junior college accredited by a recognized accrediting agency;
39	39	(2) has been admitted into an educator preparation
40	40	program in this state to be prepared for certification to teach in a
41	41	bilingual education program;
42	42	(3) is able to use, with equal fluency, English and
43	43	another language used in a bilingual education program in this
44	44	state in a public elementary or secondary school described by
45	45	Section 21.807(2);
46	46	(4) has stated on the person's application for the
47	47	program that the person is willing to enter into an agreement under
48	48	Section 21.807; and
49	49	(5) satisfies any other criteria for selection jointly
50	50	prescribed by the agency and the State Board for Educator
51	51	Certification.
52	52	Sec. 21.804. INFORMATION AND APPLICATIONS. (a) The agency
53	53	shall develop an application for the program.
54	54	(b) The application must provide for a statement described
55	55	by Section 21.803(4) to be included.
56	56	(c) The agency and the State Board for Educator
57	57	Certification shall distribute the applications and information
58	58	regarding the program.
59	59	Sec. 21.805. SELECTION OF PARTICIPANTS. (a) The agency
60	60	shall select persons to participate in the program on the basis of
61	61	applications submitted to the agency.
62	62	(b) Each application must be submitted:
63	63	(1) in the form and contain the information the agency
64	64	requires; and
65	65	(2) in a timely manner.
66	66	Sec. 21.806. LIMITATION ON IMPLEMENTATION. The agency may
67	67	not select a person to participate in the program unless the agency
68	68	has sufficient state appropriations to pay the stipend.
69	69	Sec. 21.807. AGREEMENT. A person selected to participate
70	70	in the program must enter into a written agreement with the agency
71	71	under which the person agrees to:
72	72	(1) obtain, within the period the agency by rule
73	73	requires, certification to teach in a bilingual education program
74	74	in a public elementary or secondary school in this state;
75	75	(2) accept, during the first school year that begins
76	76	after the date the person becomes certified, an offer of full-time
77	77	employment to teach in a bilingual education program in a public
78	78	elementary or secondary school in this state that:
79	79	(A) has a shortage of teachers certified to teach
80	80	bilingual education; and
81	81	(B) is located in a regional education service
82	82	center region in which at least 25,000 students are students of
83	83	limited English proficiency, as defined by Section 29.052, who are
84	84	eligible to be enrolled in a bilingual education program under
85	85	Subchapter B, Chapter 29, but cannot be served in a bilingual
86	86	education program because of a shortage of teachers certified to
87	87	teach in a bilingual education program; and
88	88	(3) take any action necessary to ensure that the
89	89	agency receives any refund to which the agency is entitled under
90	90	Section 21.808(c).
91	91	Sec. 21.808. GRANT. (a) Subject to Subsection (b), the
92	92	agency shall provide for each participant in the program:
93	93	(1) if the participant is attending a general academic
94	94	teaching institution, a total grant amount equal to the amount of
95	95	tuition and mandatory fees for educator preparation program course
96	96	work required for the participant to earn a baccalaureate degree
97	97	and be certified to teach in a bilingual education program in a
98	98	public elementary or secondary school in this state; and
99	99	(2) if the participant is attending a private or
100	100	independent institution of higher education, a total grant amount
101	101	determined by the Texas Higher Education Coordinating Board to be
102	102	equal to the average statewide amount of tuition and mandatory fees
103	103	that a resident student would be charged under Chapter 54 in an
104	104	educator preparation program at a general academic teaching
105	105	institution for the course work required for the participant to
106	106	earn a baccalaureate degree and be certified to teach in a bilingual
107	107	education program in a public elementary or secondary school in
108	108	this state.
109	109	(b) A grant under this section:
110	110	(1) may not provide for payment for more than 30
111	111	semester credit hours per academic year; and
112	112	(2) is payable until the participant completes the
113	113	educator preparation program.
114	114	(c) The agency shall provide for making a grant payment
115	115	under Subsection (a) directly to the appropriate institution of
116	116	higher education. The agency may not make a grant payment for a
117	117	number of semester credit hours greater than the number of semester
118	118	credit hours for which the student is registered during a semester.
119	119	If a program participant does not complete a course for which the
120	120	agency paid under the program and the institution of higher
121	121	education provides a partial or full refund, the agency is entitled
122	122	to the refund. The commissioner and the commissioner of higher
123	123	education jointly shall ensure that tuition refunds are paid to the
124	124	agency in accordance with this subsection, including jointly
125	125	consulting with private or independent institutions of higher
126	126	education as necessary.
127	127	Sec. 21.809. REIMBURSEMENT. (a) A participant in the
128	128	program who fails to obtain certification or employment as required
129	129	in the agreement under Section 21.807 or who voluntarily leaves or
130	130	is terminated for cause from the employment after teaching for less
131	131	than two years in a bilingual education program of a public
132	132	elementary or secondary school described by Section 21.807(2) shall
133	133	reimburse the agency for the portion of the grant that bears the
134	134	same ratio to the amount of the grant as the unserved portion of
135	135	required service bears to the two years of required service.
136	136	(b) The obligation to reimburse the agency under this
137	137	section or to reimburse the agency for any refund improperly paid to
138	138	a participant under Section 21.808 is, for all purposes, a debt to
139	139	the state. A discharge in bankruptcy under Title 11, United States
140	140	Code, does not release a participant from the obligation to
141	141	reimburse the agency. The amount owed bears interest at the rate
142	142	equal to the highest rate being paid by the United States on the day
143	143	the reimbursement is determined to be due for securities that have
144	144	maturities of 90 days or less, and the interest accrues from the day
145	145	the participant receives notice of the amount due.
146	146	(c) For purposes of this section, a participant in the
147	147	program is not considered to be in violation of an agreement under
148	148	Section 21.807 during any period in which the participant:
149	149	(1) is pursuing a full-time course of study related to
150	150	the field of teaching at a public or private institution of higher
151	151	education approved by the State Board for Educator Certification;
152	152	(2) is serving on active duty as a member of the armed
153	153	forces of the United States;
154	154	(3) is temporarily totally disabled for a period not
155	155	to exceed three years as established by sworn affidavit of a
156	156	qualified physician;
157	157	(4) is unable to secure employment for a period not to
158	158	exceed one year because of care required by a disabled spouse;
159	159	(5) is seeking and unable to find full-time employment
160	160	as a teacher in a bilingual education program in a public elementary
161	161	or secondary school described by Section 21.807(2) for a single
162	162	period not to exceed 27 months; or
163	163	(6) satisfies the provisions of any additional
164	164	reimbursement exception adopted by the agency.
165	165	(d) A participant is excused from reimbursement under
166	166	Subsection (a) if:
167	167	(1) the participant becomes permanently totally
168	168	disabled as established by affidavit of a qualified physician; or
169	169	(2) the agency waives reimbursement in the case of
170	170	extreme hardship to the participant.
171	171	Sec. 21.810. RULES. The commissioner shall adopt rules as
172	172	necessary to administer this subchapter.
173	173	SECTION 2. This Act takes effect immediately if it receives
174	174	a vote of two-thirds of all the members elected to each house, as
175	175	provided by Section 39, Article III, Texas Constitution. If this
176	176	Act does not receive the vote necessary for immediate effect, this
177	177	Act takes effect September 1, 2009.