Bill Text: WV HB3145 | 2019 | Regular Session | Engrossed
Bill Title: Relating to student financial aid resources
Spectrum: Partisan Bill (Republican 5-0)
Status: (Engrossed - Dead) 2019-02-27 - To Education [HB3145 Detail]
Download: West_Virginia-2019-HB3145-Engrossed.html
WEST virginia legislature
2019 regular session
ENGROSSED
House Bill 3145
By Hamrick, Westfall, Butler, Waxman and Atkinson
[Originating in the Committee on Education on February 22, 2019]
A BILL to amend and reenact §18C-4-1, §18C-4-2, §18C-4-3, §18C-4-4, and §18C-4-5 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18C-4A-1, §18C-4A-2, and §18C-4A-3 of said code, all relating to modifying certain student financial aid resources available to students pursuing public school teaching careers; abolishing the Underwood-Smith Teacher Loan Assistance Program; renaming the Underwood-Smith Teacher Scholarship and Loan Assistance Fund as the Underwood-Smith Teaching Scholars Program Fund; modifying program purpose to target certain academic disciplines and emphasize the academic distinction of award recipients; modifying award eligibility, renewal, and service agreement criteria to reflect modified program purpose; requiring certain mentoring services be provided to award recipients; preserving eligibility and service agreement criteria for current award recipients; modifying the amount of an award; and limiting tuition and fee charges for program recipients.
Be it enacted by the Legislature of West Virginia:
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 this article 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, special education, or
music education 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.
(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, special education, or music education 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;
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, special education, or music education or special education mentors beginning with the freshman year and continuing through degree completion and the teaching obligation.
(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
state.
(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.
(a) The Governor shall 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. In making the selection, the Board shall choose from among
applicants recommended by a group of individuals representing higher education,
public education and the community at large, as appointed by the vice chancellor
for administration.
(b) Eligibility for an Underwood-Smith 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 non-citizen 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).
(d) In 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 fields.
§18C-4-3. Scholarship agreement.
(a) Each recipient of an Underwood-Smith 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, special education, or music education 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, special education, or music education 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 Underwood-Smith 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.
(c) 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 regular session
of the Legislature.
§18C-4-4. Renewal conditions; noncompliance; deferral; excusal.
(a) The recipient of an Underwood-Smith 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 course 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; and
(4) Is maintaining a cumulative grade point average of at least 3.25 on a 4.0 scale; and
(5) Is 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;
(3) 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, special
education, or music education or special
education teacher in the public
schools of this state. No individual may receive scholarship
assistance for more than
(1) Each award shall be in an amount equal to the lesser of the actual cost of tuition charged to all students at that institution, or the average cost of tuition among all baccalaureate state institutions of higher education on the effective date of this section. The average cost shall be calculated according to the annual undergraduate tuition and mandatory fee rates charged to state resident students. The commission may recalculate the average in future years, and increase awards accordingly, but any such increase may not exceed the percentage increase in the consumer price index as calculated by the United States Department of Labor, Bureau of Statistics, for the preceding year.
(2) An institution may not charge an Underwood-Smith Teaching Scholar any tuition or mandatory fees above that covered by this award and other federal, state and institutional scholarships and grants. An award under this article shall supplement, and may not supplant, any institutional aid otherwise available to the scholar.
(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 regular session of the Legislature shall be effective for academic years beginning on or after July 1, 2020, and the provisions of this article existing immediately prior to the 2019 regular session of the Legislature remain in effect for academic years beginning prior to July 1, 2020.
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 section five, article one of this chapter 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 section one, article four of this chapter.
(c) In accordance with the rule promulgated pursuant to section one, article four of this chapter, 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, 2020.
§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 subsection (b), section four, article four of this chapter;
(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, 2020.
§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 section one, article four of this chapter 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, 2020.
NOTE: The purpose of this bill is to establish the Underwood-Smith Teaching Scholars Program.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
