HBA-MSH, LJP C.S.S.B. 1595 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 1595
By: Bivins
Higher Education
5/4/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, to be eligible for a Teach for Texas grant, a student
must be receiving a Toward EXcellence, Access, and Success (TEXAS) grant.
Because TEXAS grants are based on financial need, the Teach for Texas grant
may not be as effective as it could be in alleviating the current  teacher
shortage in Texas.  C.S.S.B. 1595 restructures the Teach for Texas grant
program, separates it from the TEXAS grant program, and modifies the
classroom teacher loan repayment assistance program. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Higher Education Coordinating
Board in SECTION 3 (Section 56.353, Education Code) and SECTION 11 of this
bill. 

ANALYSIS

C.S.S.B. 1595 amends the Education Code to authorize the Texas Education
Agency (TEA) to establish statewide initiatives for teacher recruitment,
retention, and recognition.  The bill authorizes TEA to use available
revenue and solicit and accept gifts, grants, and donations to support
these initiatives (Sec. 7.025). 

The bill requires the State Board for Educator Certification (SBEC) to
advise the Texas Higher Education Coordinating Board (THECB) regarding the
Teach for Texas Alternative Certification Assistance Program (alternative
program).  The bill authorizes SBEC to encourage through financial
incentives the creation and expansion of educator preparation programs,
including the alternative program (Sec 21.551). 

The bill requires THECB to implement modifications to the Teach for Texas
grant program (program) and to the classroom teacher loan repayment
assistance program (repayment program) as soon as practicable but not later
than the 2002-2003 academic year (SECTION 11). 

The bill repeals certain provisions relating to the requirements of a
person to be eligible for a Teach for Texas grant (grant), including the
requirement that the person be a recipient of a Toward EXcellence, Access,
and Success (TEXAS) grant.  The bill provides that to be eligible for a
grant a person must: 

_be seeking an educator certification;

_be enrolled in an eligible Texas institution of higher education as a
junior or senior in a baccalaureate degree program or in the first academic
year of the educator certification program after receiving a baccalaureate
degree; 

_be making satisfactory progress toward completion of the person's educator
certification program; and 

_either be seeking educator certification in a teaching field experiencing
a critical shortage of teachers and have agreed to teach full-time for four
years at the preschool, primary, or  secondary level in a public school in
this state, or have agreed to teach full-time for four years at the
preschool, primary, or secondary level in a public school in this state. 

The bill requires THECB, when awarding grants, to give priority to
applicants whose expected family contribution and demonstrated financial
need does not exceed the applicant's cost of attendance.  If the money
available for grants exceeds the amount needed to provide grants to all
eligible applicants, the bill requires THECB to award grants from the
remaining money to additional applicants based on eligibility requirement
prescribed by THECB rule.  The bill provides that if the money available
for grants is insufficient to provide grants to all teacher shortage
priority applicants, THECB is required to award grants to those applicants
according to financial need.  The bill provides that a person may not
receive a grant for more than three academic years and a person is not
eligible to receive a grant if the person has been convicted of a felony or
an offense related to a controlled substance unless certain conditions are
fulfilled. The bill sets forth what constitutes satisfactory academic
progress toward completion of an educator certification program (Sec.
56.353). 

The bill sets forth provisions to calculate the amount of a grant and to
require THECB to pay the amount of the grant in installments (Sec. 56.354).
The bill provides that a person who receives a grant must begin to fulfill
the teaching obligation not later than the 18th month after the completion
of the educator certification program for which the person received the
grant.  The bill provides that a person must complete the teaching
obligation not later than the fifth rather than the sixth year after the
date the person begins to fulfill the teaching obligation.  The bill also
provides that if a person who receives a grant fails to remain enrolled in
or to make steady progress in the educator certification program without
good cause, or fails to become certified as a teacher not later than the
18th month after the completion of the educator certification program, then
the grant automatically becomes a loan (Secs. 56.356). 

The bill requires THECB to establish and implement the alternative program
to award grants to assist persons seeking an educator certification and to
adopt initial rules for awarding the grants as soon as practicable (Sec.
56.357 and SECTION 11).  The bill sets forth provisions relating to the
eligibility requirements and considerations in selecting applicants for the
alternative program.  The bill provides that the amount of a grant under
the alternative program is equal to two times the current amount of a TEXAS
grant for a student enrolled in a general academic teaching institution and
authorizes THECB to pay the amount of the grant in installments.  The bill
sets forth provisions relating to the fulfillment of the teaching
obligation, a promissory note for a grant, the repayment of a grant of a
person who fails to fulfill the teaching obligation, and under what
conditions a grant automatically becomes a loan.  The bill also sets forth
provisions relating to the alternative program's time period of the
teaching obligation and the cancellation of the teaching obligation.  The
bill requires THECB to consult with SBEC in establishing the alternative
program and to work jointly with SBEC, other state agencies involved with
public education, and other interested public and private entities to
conduct outreach to educate potential participants about the alternative
program (Sec. 56.357). 

The bill provides that for a person to be eligible for the repayment
program by having completed at least one year of employment as a full-time
classroom teacher at the preschool, primary, or secondary level in a public
school in this state in an area or field of acute teacher shortage as
designated by the commissioner of education, the person must be currently
employed in that position.  To receive assistance under the repayment
program, a person must not have previously received financial assistance
under the program or the former Teach for Texas grant program.  The bill
requires  THECB to give priority in granting repayment assistance to
persons who received repayment assistance for classroom teachers for the
preceding school year (Sec. 61.702). 

The bill sets forth provisions regarding the calculation of the minimum
amount of repayment assistance that may be awarded to persons eligible for
classroom teacher repayment assistance and to persons who qualify for
repayment assistance for border institution faculty (Sec. 61.705).  The
bill removes the requirement that THECB adopt rules to set a minimum or
maximum amount of repayment assistance that may be received in one year by
a person eligible for repayment assistance for classroom teachers (Sec.
61.708). 

 EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 1595 differs from the original by authorizing the Texas Education
Agency (TEA) to establish statewide initiatives for teacher recruitment,
retention, and recognition.  The substitute authorizes TEA to use available
revenue, and solicit and accept gifts grants, and donations to support
these initiatives (Sec. 7.025). 

The substitute requires the State Board for Educator Certification (SBEC)
to advise the Texas Higher Education Coordinating Board (THECB) regarding
the Teach for Texas Alternative Certification Assistance Program
(alternative program).  The bill authorizes SBEC to encourage through
financial incentives the creation and expansion of educator preparation
programs, including the alternative program (Sec 21.551). 

The substitute also decreases from five to four the number of years which a
person must agree to teach in this state in a field experiencing a critical
shortage of teachers in order to be eligible for a grant under the
alternative program.  The substitute requires THECB to consult with SBEC in
establishing the alternative program and to work with SBEC and other
entities in conducting outreach to educate potential participants about the
alternative program (Sec. 56.357). 

The substitute provides that a person who receives a Teach for Texas grant
must complete the teaching obligation not later than the fifth rather than
the sixth year after the date the person begins to fulfill the teaching
obligation (Sec. 56.356).   

The substitute decreases from five to four the number of years which a
person must agree to teach at the preschool, primary, or secondary level in
a public school in this state in order to be eligible for a Teach for Texas
grant (Sec. 56.353).