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H.B. 81

             1     

TUITION PROGRAM FOR STUDENTS

             2     
SEEKING TEACHER LICENSURE

             3     
2006 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Chief Sponsor: Ronda Rudd Menlove

             6     
Senate Sponsor: Beverly Ann Evans

             7     
             8      LONG TITLE
             9      General Description:
             10          This bill modifies the Terrel H. Bell Teaching Incentive Loans program.
             11      Highlighted Provisions:
             12          This bill:
             13          .    modifies the class of students eligible for the Terrel H. Bell Teaching Incentive
             14      Loans program;
             15          .    gives the State Board of Regents sole authority to make standard awards;
             16          .    modifies prioritization criteria;
             17          .    allows the State Board of Education to select certain recipients, subject to program
             18      appropriation levels; and
             19          .    makes technical changes.
             20      Monies Appropriated in this Bill:
             21          None
             22      Other Special Clauses:
             23          None
             24      Utah Code Sections Affected:
             25      AMENDS:
             26          53B-10-101, as last amended by Chapter 223, Laws of Utah 2005
             27          53B-10-102, as last amended by Chapter 223, Laws of Utah 2005


             28     
             29      Be it enacted by the Legislature of the state of Utah:
             30          Section 1. Section 53B-10-101 is amended to read:
             31           53B-10-101. Terrel H. Bell Teaching Incentive Loans program -- Eligible
             32      students -- Cancellation of incentive loans -- Repayment by recipient who fails to meet
             33      requirements -- Duration of incentive loans.
             34          (1) (a) A Terrel H. Bell Teaching Incentive Loans program is established to recruit and
             35      train superior candidates for teaching in Utah's public school system as a component of the
             36      teacher quality continuum referred to in Subsections 53A-1a-104 (7) and 53A-6-102 (2)(a).
             37          (b) Under the program, the incentive loans may be used in any of Utah's state-operated
             38      institutions of higher education or at a private institution of higher education in Utah that offers
             39      a state-approved teacher education program.
             40          (2) (a) The [State Board of Education or the] State Board of Regents shall award the
             41      incentive loans to college students who have been admitted to, or have made application to and
             42      are prepared to enter into, a program preparing students for licensure and who declare an intent
             43      to complete the prescribed course of instruction and to teach in this state in accordance with the
             44      priorities described under Subsection (5)(c).
             45          (b) The incentive loan may be canceled at any time by the institution of attendance if:
             46          (i) the student fails to make reasonable progress towards completion of licensing
             47      requirements; or
             48          (ii) it appears to be a reasonable certainty that the student does not intend to teach in
             49      Utah.
             50          (c) The State Board of Regents may grant leaves of absence to incentive loan holders.
             51          (3) The State Board of Regents may require an incentive loan recipient who fails to
             52      complete the requirements for licensing without good cause to repay all tuition and fees
             53      provided by the loan, together with appropriate interest.
             54          (4) (a) The State Board of Regents may require an incentive loan recipient who does
             55      not work in the state's public school system or a private school within the state within two years
             56      after graduation to repay all tuition and fees provided by the loan, together with appropriate
             57      interest, unless waived for good cause.
             58          (b) (i) A recipient who does not teach for a term equal to the number of years of the


             59      incentive loan within a reasonable period of time after graduation shall repay a graduated
             60      portion of the tuition and fees based upon the uncompleted term.
             61          (ii) One year of teaching is credit for one year's tuition and fees.
             62          (c) All repayments made under this Subsection (4) are for use in the Terrel H. Bell
             63      Teaching Incentive Loans program.
             64          (5) (a) Each incentive loan is valid for up to four years of full-time equivalent
             65      enrollment, or until requirements for licensing or advanced licensing have been met, whichever
             66      is less.
             67          (b) (i) Incentive loans apply to both tuition and fees in amounts and are subject to
             68      conditions approved by the State Board of Regents, based upon criteria developed to insure that
             69      all recipients of the loans will pursue an education career within the state.
             70          (ii) An incentive loan for tuition and fees at a private institution may not exceed the
             71      average scholarship amounts granted for tuition and fees at public institutions of higher
             72      education within the state.
             73          (c) Incentive loans shall be awarded in accordance with prioritized critical areas of
             74      need for teaching expertise within the state, as determined by the State Board of [Education,]
             75      Education's criticality index and school district priorities, and may include preparing persons
             76      as:
             77          (i) a special education teacher;
             78          (ii) a speech or language pathologist; or
             79          (iii) another licensed professional providing services in the public schools to pupils
             80      with disabilities.
             81          Section 2. Section 53B-10-102 is amended to read:
             82           53B-10-102. Number of incentive loans -- Criteria for awarding -- Additional
             83      awards.
             84          (1) (a) A total of 365 Terrel H. Bell Teaching Incentive Loans shall be maintained each
             85      year in accordance with criteria and procedures established by the [State Board of Education
             86      and] State Board of Regents[.], except that if the annual appropriation for this program is not
             87      sufficient to fund 365 loans, the State Board of Regents may reduce the total number of
             88      incentive loans awarded each year to correspond to the appropriation level.
             89          (b) The number of incentive loans to be awarded shall be reviewed annually based on


             90      the need to prepare individuals to teach as determined by the supply of and demand for teachers
             91      in the state.
             92          (2) These incentive loans shall be awarded in the following categories:
             93          [(a) incentive loans for persons who were originally awarded their loans as high school
             94      juniors and seniors selected through statewide competition;]
             95          [(b)] (a) incentive loans for [persons] college students who have successfully
             96      completed not less than the equivalent of two semesters of formal higher education study; and
             97          [(c)] (b) incentive loans for persons described in Subsection 53B-10-101 (5)(c),
             98      including:
             99          (i) part-time college students who are enrolled in at least six semester hours;
             100          (ii) college students who already hold a bachelor's degree; and
             101          (iii) other nontraditional college students[.] who are enrolled in at least six semester
             102      hours; and
             103          [(3) (a) Additional awards may be given each year to a limited number of scholarship
             104      holders to include the following:]
             105          [(i) 20 state-funded premier scholarships, which provide an additional $3,000 per year
             106      for winners of a widely publicized statewide competition, but the number may be increased
             107      through private donations; and]
             108          [(ii) 100 supplementary stipends paying $750 per semester, available each year for
             109      students granted scholarships under Subsection (1)(b) who declare an intent to be licensed in
             110      areas of critical teacher shortage as determined by the State Board of Education.]
             111          [(b) Subsection (1)(b) applies to the awards made under Subsection (3)(a).]
             112          (c) a limited number of high school seniors, as selected by the State Board of
             113      Education in a statewide competition, if the annual appropriation for the program meets or
             114      exceeds the 365 loans under Subsection (1)(a).





Legislative Review Note
    as of 12-22-05 12:21 PM


Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel


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