Session of 2000
HOUSE BILL No. 2989
By Committee on Appropriations
2-15
9 AN ACT
concerning the teacher service scholarship program; amending
10 K.S.A. 74-32,100,
74-32,101, 74-32,102, 74-32,103, 74-32,105 and 74-
11 32,106 and K.S.A. 1999
Supp. 74-32,104 and 74-32,107 and repealing
12 the existing
sections.
13
14 Be it enacted by the Legislature of the
State of Kansas:
15 Section
1. K.S.A. 74-32,100 is hereby amended to read as follows:
16 74-32,100. This act shall be known and may
be cited as the teacher service
17 scholarship program.
18 Sec.
2. K.S.A. 74-32,101 is hereby amended to read as follows:
74-
19 32,101. As used in this act:
20 (a) ``Executive
officer'' means the executive officer of the state board
21 of regents appointed under K.S.A. 74-3203,
and amendments thereto;
22 (b) ``qualified
student'' means a person who: (1) Is a resident of the
23 state of Kansas; (2) has been accepted for
admission to or is enrolled full
24 time in a course of instruction leading to
certification in a hard-to-fill
25 teaching discipline as
a teacher; and (3) has qualified for the award of a
26 scholarship under the teacher
service scholarship program on the basis
27 of having demonstrated scholastic ability,
or who has previously so qual-
28 ified and remains qualified for renewal of
the scholarship on the basis of
29 remaining in good standing and making
satisfactory progress toward com-
30 pletion of the requirements of the course
of instruction in which enrolled;
31
(c) ``hard-to-fill teaching discipline'' means a teaching
discipline in
32 which there is a critical shortage of
teachers as determined and specified
33 by the state board of
education.;
34
(d) ``underserved area'' means a geographical area of the
state in
35 which there is a critical shortage of
teachers as determined and specified
36 by the state board of education.
37 Sec.
3. K.S.A. 74-32,102 is hereby amended to read as follows:
74-
38 32,102. (a) There is hereby established the
teacher service scholarship
39 program. A scholarship may be awarded under
the teacher service schol-
40 arship program to any qualified student and
may be renewed for each
41 such student who remains qualified for the
scholarship. The number of
42 new scholarships awarded under the program
in each year shall not ex-
43 ceed 50. Determination of the students
qualified for such scholarships
2
1 shall be made by the executive
officer. Scholastic ability shall be deter-
2 mined on the basis of any one or more
of the following: (1) High ACT or
3 SAT score; (2) rank in high school
graduation class; (3) cumulative high
4 school or college grade point
average; or (4) any other indicator of scho-
5 lastic ability which the state board
of regents determines to be demon-
6 strative of potential for successful
completion of a course of instruction
7 leading to certification in a
hard-to-fill teaching discipline as a teacher.
8 To the extent practicable and
consistent with qualification factors, con-
9 sideration shall be given to students
who are members of ethnic minority
10 groups.
11 (b) A scholarship
awarded under the program shall provide for pay-
12 ment to a qualified student of a
stipend in the amount of $5,000 (1) an
13 amount not to exceed 70% of the cost of
attendance for an academic year
14 at the teacher education school in which
the qualified student is enrolled
15 if such teacher education school is
maintained by a state educational in-
16 stitution or (2) an amount not to exceed
70% of the average amount of
17 the cost of attendance for an academic
year at the teacher education
18 schools maintained by the state
educational institutions if the teacher ed-
19 ucation school in which the qualified
student is enrolled is not a state
20 educational institution. A qualified
student may be awarded a scholarship
21 for not more than four academic years of
undergraduate study, except
22 that a qualified student who is enrolled
full time in a course of instruction
23 leading to certification in a
hard-to-fill teaching discipline for which
grad-
24 uate study is required may be awarded a
scholarship for the duration of
25 the course of instruction.
26 Sec.
4. K.S.A. 74-32,103 is hereby amended to read as follows:
74-
27 32,103. (a) An applicant for designation as
a qualified student and for the
28 award of a scholarship under the teacher
service scholarship program shall
29 provide to the executive officer, on forms
supplied by the executive of-
30 ficer, information required by the
executive officer.
31 (b) As a
condition to awarding a scholarship under this act, the ex-
32 ecutive officer and the applicant shall
enter into an agreement which shall
33 require the applicant to:
34 (1) Complete the
required course of instruction leading to certifica-
35 tion in a hard-to-fill teaching
discipline as a teacher;
36 (2) engage in
teaching in Kansas in an underserved area or in a hard-
37 to-fill teaching discipline in
Kansas and comply with such other terms and
38 conditions as may be specified by such
agreement;
39 (3) commence
teaching on a full-time basis in a hard-to-fill
teaching
40 discipline in Kansas in an
accredited public or private elementary or
sec-
41 ondary school in accordance with the
agreement, which shall be and con-
42 tinue teaching on a full-time basis
for a period of not less than the length
43 of the course of instruction for which the
scholarship was awarded or
3
1 commence teaching on a part-time
basis in Kansas in an accredited public
2 elementary or secondary school in
accordance with the agreement and
3 continue teaching on such a
part-time basis for a period of time that is
4 equivalent to full time, as
determined by the state board of regents, mul-
5 tiplied by the length of the
course of instruction for which the scholarship
6 was awarded;
7
(4) commence teaching in Kansas on a full-time or part-time
basis
8 within six months after
certification and continue teaching for the period
9 of time required by the
agreement;
10 (4)
(5) maintain records and make reports to the executive
officer as
11 required by the executive officer to
document the satisfaction of the ob-
12 ligations under this act and the agreement;
and
13 (5)
(6) upon failure to satisfy an agreement to engage in
teaching in
14 an underserved area or in a
hard-to-fill teaching discipline for the re-
15 quired period of time under any such
agreement, repay to the state
16 amounts as provided in K.S.A. 74-32,104,
and amendments thereto.
17 Sec.
5. K.S.A. 1999 Supp. 74-32,104 is hereby amended to read
as
18 follows: 74-32,104. (a) Except as
provided in K.S.A. 74-32,105, and
19 amendments thereto, upon the failure of any
person to satisfy the obli-
20 gation under any agreement entered into
pursuant to the teacher service
21 scholarship program, such person shall pay
to the executive officer an
22 amount equal to the total amount of money
received by such person
23 pursuant to such agreement plus
annual accrued interest at a rate
of 15%,
24 which is equivalent to the interest rate
applicable to loans made under
25 the federal PLUS program at the time
such person first entered into an
26 agreement plus two percentage points.
Amounts of payment under this
27 section shall be adjusted
proportionately for full years of the obligation
28 that have been satisfied. Installment
payments of any such amounts may
29 be made in accordance with the provisions
of the agreement entered into
30 by the scholarship recipient or if no such
provisions exist in such agree-
31 ment, in accordance with rules and
regulations of the state board of re-
32 gents, except that such installment
payments shall commence six months
33 after the date of the action or
circumstances that cause the failure of the
34 person to satisfy the obligations of such
agreements, as determined by
35 the executive officer based upon the
circumstances of each individual
36 case. Amounts paid under this section to
the executive officer shall be
37 deposited in the teacher service
scholarship repayment fund in accord-
38 ance with K.S.A. 74-32,107, and
amendments thereto.
39 (b) The state
board of regents is authorized to turn any repayment
40 account arising under the teacher
service scholarship program over to a
41 designated loan servicer or collection
agency, the state not being involved
42 other than to receive payments from the
loan servicer or collection agency
43 at the interest rate prescribed under
this section.
4
1 Sec.
6. K.S.A. 74-32,105 is hereby amended to read as follows:
74-
2 32,105. (a) Except as otherwise
specified in the agreement, an obligation
3 under any agreement entered into
under the teacher service scholarship
4 program shall be postponed: (1)
During any required period of active
5 military service; (2) during any
period of service as a part of volunteers
6 in service to America (VISTA); (3)
during any period of service in the
7 peace corps; (4) during any period
of service commitment to the United
8 States public health service; (5)
during any period of religious missionary
9 work conducted by an organization
exempt from tax under section
10 501(c)(3) of the federal internal
revenue code as in effect on December
11 31, 1999; (2)
(6) during any period of temporary medical
disability during
12 which time the
person obligated is unable because of such
temporary
13 medical disability to teach a
hard-to-fill teaching discipline; or (3)
(7)
14 during any period of time the person
obligated is enrolled and actively
15 engaged on a full-time basis in a course of
study leading to a degree in
16 the field of education as a
hard-to-fill teaching discipline which is higher
17 than that formerly attained
formerly by the person obligated; (8)
during
18 any period of time the person obligated
is on job-protected leave under
19 the federal family and medical leave act
of 1993; or (9) during any period
20 of time the state board of regents
determines that the person obligated is
21 unable because of special circumstances
to teach. Except for clause (2) of
22 this subsection (a)
clauses (6), (8) and (9), an obligation under any agree-
23 ment entered into under
as provided in the teacher service scholarship
24 program shall not be postponed more than
five years from the time the
25 obligation was to have been commenced under
any such agreement. An
26 obligation under any agreement
under entered into as provided in the
27 teacher service scholarship program
shall be postponed under clause (2)
28 of this subsection (a)
(6) during the period of time the medical disability
29 exists. Except for clause (1) or
clause (2) of this subsection (a), An obli-
30 gation under any agreement entered into
under as provided in the teacher
31 service scholarship program shall
not be postponed unless the
postpone-
32 ment is provided for in the
agreement under clause (8) during the period
33 of time the person obligated remains on
FMLA leave. An obligation to
34 engage in teaching in accordance with an
agreement under the teacher
35 service scholarship program shall be
postponed under clause (9) during
36 the period of time the state board of
regents determines that the special
37 circumstances exist. The state board of
regents shall adopt rules and reg-
38 ulations prescribing criteria or
guidelines for determination of the exis-
39 tence of special circumstances causing
an inability to teach, and shall
40 determine the documentation required to
prove the existence of such
41 circumstances.
42 (b) An obligation
under any agreement under entered into as
pro-
43 vided in the teacher service
scholarship program shall be satisfied: (1) If
5
1 the obligation in accordance
with an agreement under the scholarship
2 program has been
completed in accordance with the agreement; (2) if the
3 person obligated dies; (3) if,
because of permanent physical disability, the
4 person obligated is unable to satisfy
the obligation; or (4) if the person
5 obligated fails to satisfy
all the requirements to enable the
recipient to
6 teach a hard-to-fill teaching
discipline for a graduation from a teacher
7 education program after making
the best effort possible; (5) if the person
8 obligated fails to satisfy all
requirements for certification to teach in Kan-
9 sas or has been denied
certification after applying for a certificate to teach
10 and making the best effort possible to
obtain such certificate; or (6) if the
11 person obligated is unable to obtain
employment as a teacher in an un-
12 derserved area or in a hard-to-fill
teaching discipline after making the
13 best effort possible to obtain such
employment and the person obligated
14 otherwise completes the terms,
conditions and obligations of the
15 agreement.
16 Sec.
7. K.S.A. 74-32,106 is hereby amended to read as follows:
74-
17 32,106. The state board of regents shall
adopt rules and regulations for
18 administration of the teacher
service scholarship program and shall es-
19 tablish terms, conditions and obligations
which shall be incorporated into
20 the provisions of any agreement entered
into between the executive of-
21 ficer and an applicant for the award of a
scholarship under the program.
22 The terms, conditions and obligations shall
be consistent with the provi-
23 sions of law relating to the program and
shall include, but not be limited
24 to, the circumstances under which
eligibility for financial assistance under
25 the program may be terminated, the amount
of financial assistance to be
26 provided, the circumstances under which
obligations may be discharged
27 or forgiven, the amount of money required
to be repaid because of failure
28 to satisfy the obligations under an
agreement and the method of
29 repayment.
30 Sec.
8. K.S.A. 1999 Supp. 74-32,107 is hereby amended to read
as
31 follows: 74-32,107. (a) There is hereby
created in the state treasury the
32 teacher service scholarship program
fund. The executive officer shall re-
33 mit all moneys received under the teacher
service scholarship program,
34 which are paid because of nonattendance or
discontinuance by scholar-
35 ship recipients, to the state treasurer at
least monthly. Upon receipt of
36 each such remittance the state treasurer
shall deposit the entire amount
37 thereof in the state treasury, and such
amount shall be credited to the
38 teacher service scholarship program
fund. All expenditures from the
39 teacher service scholarship program
fund shall be for scholarships
40 awarded under the teacher service
scholarship program and shall be made
41 in accordance with appropriation acts upon
warrants of the director of
42 accounts and reports issued pursuant to
vouchers approved by the exec-
43 utive officer or by a person designated by
the executive officer.
6
1 (b) There
is hereby created in the state treasury the teacher
service
2 scholarship repayment fund. The
executive officer shall remit all moneys
3 received under the teacher
service scholarship program, which are for
4 payment of amounts pursuant to K.S.A.
74-32,104, and amendments
5 thereto, to the state treasurer at
least monthly. Upon receipt of each such
6 remittance the state treasurer shall
deposit the entire amount thereof in
7 the state treasury, and such amount
shall be credited to the teacher serv-
8 ice scholarship repayment
fund. All expenditures from the teacher service
9 scholarship repayment fund shall be
for scholarships awarded under the
10 teacher service scholarship program
and shall be made in accordance with
11 appropriation acts upon warrants of the
director of accounts and reports
12 issued pursuant to vouchers approved by the
executive officer or by a
13 person designated by the executive
officer.
14 Sec. 9. K.S.A. 74-32,100,
74-32,101, 74-32,102, 74-32,103, 74-32,105
15 and 74-32,106 and K.S.A. 1999 Supp.
74-32,104 and 74-32,107 are hereby
16 repealed.
17 Sec. 10. This act shall
take effect and be in force from and after its
18 publication in the statute book.