Session of 2000
HOUSE BILL No. 2792
By Committee on Education
2-2
9 AN ACT
concerning the teacher service scholarship program; relating to
10 amounts awarded under
the program; affecting ways in which obliga-
11 tions under the
program may be fulfilled or postponed; amending
12 K.S.A. 74-32,100,
74-32,101, 74-32,102, 74-32,103, 74-32,105 and 74-
13 32,106 and K.S.A. 1999
Supp. 74-32,104 and 74-32,107 and repealing
14 the existing
sections.
15
16 Be it enacted by the Legislature of the
State of Kansas:
17 Section
1. K.S.A. 74-32,100 is hereby amended to read as follows:
18 74-32,100. This act shall be known and may
be cited as the teacher service
19 scholarship program.
20 Sec.
2. K.S.A. 74-32,101 is hereby amended to read as follows:
74-
21 32,101. As used in this act:
22 (a) "Executive
officer" means the executive officer of the state board
23 of regents appointed under K.S.A. 74-3203,
and amendments thereto;
24 (b) "qualified
student" means a person who: (1) Is a resident of the
25 state of Kansas; (2) has been accepted for
admission to or is enrolled full
26 time in a course of instruction leading to
certification in a hard-to-fill
27 teaching discipline as
a teacher; and (3) has qualified for the award of a
28 scholarship under the teacher
service scholarship program on the basis
29 of having demonstrated scholastic ability,
or who has previously so qual-
30 ified and remains qualified for renewal of
the scholarship on the basis of
31 remaining in good standing and making
satisfactory progress toward com-
32 pletion of the requirements of the course
of instruction in which enrolled;
33 (c) "hard-to-fill
teaching discipline" means a teaching discipline in
34 which there is a critical shortage of
teachers as determined and specified
35 by the state board of
education.;
36
(d) "underserved area" means a geographical area of the state
in
37 which there is a critical shortage of
teachers as determined and specified
38 by the state board of education.
39 Sec.
3. K.S.A. 74-32,102 is hereby amended to read as follows:
74-
40 32,102. (a) There is hereby established the
teacher service scholarship
41 program. A scholarship may be awarded under
the teacher service schol-
42 arship program to any qualified student and
may be renewed for each
43 such student who remains qualified for the
scholarship. The number of
2
1 new scholarships awarded under the
program in each year shall not ex-
2 ceed 50 150.
Determination of the students qualified for such scholar-
3 ships shall be made by the executive
officer. Scholastic ability shall be
4 determined on the basis of any one or
more of the following: (1) High
5 ACT or SAT score; (2) rank in high
school graduation class; (3) cumulative
6 high school or college grade point
average; or (4) any other indicator of
7 scholastic ability which the state
board of regents determines to be de-
8 monstrative of potential for
successful completion of a course of instruc-
9 tion leading to certification
in a hard-to-fill teaching discipline as
a
10 teacher. To the extent practicable
and consistent with qualification fac-
11 tors, consideration shall be given to
students who are members of ethnic
12 minority groups.
13 (b) A scholarship
awarded under the program shall provide for pay-
14 ment to a qualified student of a stipend in
the amount of $5,000. A qual-
15 ified student may be awarded a scholarship
for not more than four aca-
16 demic years of undergraduate study, except
that a qualified student who
17 is enrolled full time in a course of
instruction leading to certification in a
18 hard-to-fill teaching
discipline for which graduate study is required may
19 be awarded a scholarship for the duration
of the course of instruction.
20 Sec.
4. K.S.A. 74-32,103 is hereby amended to read as follows:
74-
21 32,103. (a) An applicant for designation as
a qualified student and for the
22 award of a scholarship under the teacher
service scholarship program shall
23 provide to the executive officer, on forms
supplied by the executive of-
24 ficer, information required by the
executive officer.
25 (b) As a
condition to awarding a scholarship under this act, the ex-
26 ecutive officer and the applicant shall
enter into an agreement which shall
27 require the applicant to:
28 (1) Complete the
required course of instruction leading to certifica-
29 tion in a hard-to-fill teaching
discipline as a teacher;
30 (2) engage in
teaching in Kansas in an underserved area or in a hard-
31 to-fill teaching discipline in
Kansas and comply with such other terms and
32 conditions as may be specified by such
agreement;
33 (3) commence
teaching on a full-time basis in a hard-to-fill
teaching
34 discipline in Kansas in an
accredited public or private elementary or sec-
35 ondary school in accordance with the
agreement, which shall be and con-
36 tinue teaching on a full-time basis
for a period of not less than the length
37 of the course of instruction for which the
scholarship was awarded or
38 commence teaching on a part-time basis
in Kansas in an accredited public
39 or private elementary or secondary
school in accordance with the agree-
40 ment and continue teaching on such a
part-time basis for a period of time
41 that is equivalent to full time, as
determined by the state board of regents,
42 multiplied by the length of the course
of instruction for which the schol-
43 arship was awarded;
3
1
(4) commence teaching in Kansas on a full-time or part-time
basis
2 within six months after
certification and continue teaching for the period
3 of time required by the
agreement;
4
(4) (5) maintain records and make
reports to the executive officer as
5 required by the executive officer to
document the satisfaction of the ob-
6 ligations under this act and the
agreement; and
7
(5) (6) upon failure to satisfy an
agreement to engage in teaching in
8 an underserved area or in a
hard-to-fill teaching discipline for the re-
9 quired period of time under any such
agreement, repay to the state
10 amounts as provided in K.S.A. 74-32,104,
and amendments thereto.
11 Sec.
5. K.S.A. 1999 Supp. 74-32,104 is hereby amended to read
as
12 follows: 74-32,104. (a) Except as
provided in K.S.A. 74-32,105, and
13 amendments thereto, upon the failure of any
person to satisfy the obli-
14 gation under any agreement entered into
pursuant to the teacher service
15 scholarship program, such person shall pay
to the executive officer an
16 amount equal to the total amount of money
received by such person
17 pursuant to such agreement plus
annual accrued interest at a rate
of 15%,
18 which is equivalent to the interest rate
applicable to loans made under
19 the federal PLUS program at the time
such person first entered into an
20 agreement plus two percentage points.
Amounts of payment under this
21 section shall be adjusted
proportionately for full years of the obligation
22 that have been satisfied. Installment
payments of any such amounts may
23 be made in accordance with the provisions
of the agreement entered into
24 by the scholarship recipient or if no such
provisions exist in such agree-
25 ment, in accordance with rules and
regulations of the state board of re-
26 gents, except that such installment
payments shall commence six months
27 after the date of the action or
circumstances that cause the failure of the
28 person to satisfy the obligations of such
agreements, as determined by
29 the executive officer based upon the
circumstances of each individual
30 case. Amounts paid under this section to
the executive officer shall be
31 deposited in the teacher service
scholarship repayment fund in accord-
32 ance with K.S.A. 74-32,107, and
amendments thereto.
33 (b) The state
board of regents is authorized to turn any repayment
34 account arising under the teacher
service scholarship program over to a
35 designated loan servicer or collection
agency, the state not being involved
36 other than to receive payments from the
loan servicer or collection agency
37 at the interest rate prescribed under
this section.
38 Sec.
6. K.S.A. 74-32,105 is hereby amended to read as follows:
74-
39 32,105. (a) Except as otherwise specified
in the agreement, an obligation
40 under any agreement entered into under the
teacher service scholarship
41 program shall be postponed: (1) During any
required period of active
42 military service; (2) during any period
of service in the peace corps; (3)
43 during any period of service commitment
to the United States public
4
1 health service; (4) during any
period of religious missionary work con-
2 ducted by an organization exempt
from tax under section 501(c)(3) of the
3 federal internal revenue code as
in effect on December 31, 1999; (2)
(5)
4 during any period of
temporary medical disability during which
time the
5 person obligated is unable because of
such temporary medical disability
6 to teach a hard-to-fill
teaching discipline; or (3) (6)
during any period of
7 time the person obligated is enrolled
and actively engaged on a full-time
8 basis in a course of study leading to
a degree in the field of education as
9 a hard-to-fill teaching
discipline which is higher than that formerly
at-
10 tained formerly by the person
obligated; (7) during any period of time
11 the person obligated is on job-protected
leave under the federal family
12 and medical leave act of 1993; or (8)
during any period of time the state
13 board of regents determines that the
person obligated is unable because
14 of special circumstances to teach.
Except for clause (2) of this subsection
15 (a) clauses (5), (7)
and (8), an obligation under any agreement entered
16 into under as provided
in the teacher service scholarship program shall
17 not be postponed more than five years from
the time the obligation was
18 to have been commenced under
any such agreement. An obligation under
19 any agreement under
entered into as provided in the teacher service
20 scholarship program shall be postponed
under clause (2) of this subsec-
21 tion (a) (5) during
the period of time the medical disability exists.
Except
22 for clause (1) or clause (2) of
this subsection (a), An obligation under any
23 agreement entered into
under as provided in the teacher
service schol-
24 arship program shall not
be postponed unless the postponement is pro-
25 vided for in the agreement
under clause (7) during the period of time the
26 person obligated remains on FMLA leave.
An obligation to engage in
27 teaching in accordance with an agreement
under the teacher service schol-
28 arship program shall be postponed under
clause (8) during the period of
29 time the state board of regents
determines that the special circumstances
30 exist. The state board of regents shall
adopt rules and regulations pre-
31 scribing criteria or guidelines for
determination of the existence of special
32 circumstances causing an inability to
teach, and shall determine the doc-
33 umentation required to prove the
existence of such circumstances.
34 (b) An obligation
under any agreement under entered into as
pro-
35 vided in the teacher service
scholarship program shall be satisfied: (1) If
36 the obligation in accordance with
an agreement under the scholarship
37 program has been completed
in accordance with the agreement; (2) if the
38 person obligated dies; (3) if, because of
permanent physical disability, the
39 person obligated is unable to satisfy the
obligation; or (4) if the person
40 obligated fails to satisfy
all the requirements to enable the
recipient to
41 teach a hard-to-fill teaching
discipline for a graduation from a teacher
42 education program after making the
best effort possible; (5) if the person
43 obligated fails to satisfy all
requirements for certification to teach in Kan-
5
1 sas or has been denied
certification after applying for a certificate to teach
2 and making the best effort
possible to obtain such certificate; or (6) if the
3 person obligated is unable to
obtain employment as a teacher in an un-
4 derserved area or in a
hard-to-fill teaching discipline after making the
5 best effort possible to obtain
such employment and the person obligated
6 otherwise completes the terms,
conditions and obligations of the
7 agreement.
8 Sec.
7. K.S.A. 74-32,106 is hereby amended to read as follows:
74-
9 32,106. The state board of regents
shall adopt rules and regulations for
10 administration of the teacher
service scholarship program and shall es-
11 tablish terms, conditions and obligations
which shall be incorporated into
12 the provisions of any agreement entered
into between the executive of-
13 ficer and an applicant for the award of a
scholarship under the program.
14 The terms, conditions and obligations shall
be consistent with the provi-
15 sions of law relating to the program and
shall include, but not be limited
16 to, the circumstances under which
eligibility for financial assistance under
17 the program may be terminated, the amount
of financial assistance to be
18 provided, the circumstances under which
obligations may be discharged
19 or forgiven, the amount of money required
to be repaid because of failure
20 to satisfy the obligations under an
agreement and the method of
21 repayment.
22 Sec.
8. K.S.A. 1999 Supp. 74-32,107 is hereby amended to read
as
23 follows: 74-32,107. (a) There is hereby
created in the state treasury the
24 teacher service scholarship program
fund. The executive officer shall re-
25 mit all moneys received under the teacher
service scholarship program,
26 which are paid because of nonattendance or
discontinuance by scholar-
27 ship recipients, to the state treasurer at
least monthly. Upon receipt of
28 each such remittance the state treasurer
shall deposit the entire amount
29 thereof in the state treasury, and such
amount shall be credited to the
30 teacher service scholarship program
fund. All expenditures from the
31 teacher service scholarship program
fund shall be for scholarships
32 awarded under the teacher service
scholarship program and shall be made
33 in accordance with appropriation acts upon
warrants of the director of
34 accounts and reports issued pursuant to
vouchers approved by the exec-
35 utive officer or by a person designated by
the executive officer.
36 (b) There is
hereby created in the state treasury the teacher service
37 scholarship repayment fund. The executive
officer shall remit all moneys
38 received under the teacher service
scholarship program, which are for
39 payment of amounts pursuant to K.S.A.
74-32,104, and amendments
40 thereto, to the state treasurer at least
monthly. Upon receipt of each such
41 remittance the state treasurer shall
deposit the entire amount thereof in
42 the state treasury, and such amount shall
be credited to the teacher serv-
43 ice scholarship repayment fund. All
expenditures from the teacher service
6
1 scholarship repayment fund shall be
for scholarships awarded under the
2 teacher service scholarship
program and shall be made in accordance with
3 appropriation acts upon warrants of
the director of accounts and reports
4 issued pursuant to vouchers approved
by the executive officer or by a
5 person designated by the executive
officer.
6 Sec. 9. K.S.A. 74-32,100,
74-32,101, 74-32,102, 74-32,103, 74-32,105
7 and 74-32,106 and K.S.A. 1999 Supp.
74-32,104 and 74-32,107 are hereby
8 repealed.
9 Sec. 10. This act
shall take effect and be in force from and after its
10 publication in the statute book.