1     
T.H. BELL PROGRAM AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: V. Lowry Snow

5     
Senate Sponsor: Evan J. Vickers

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to the Terrel H. Bell Teaching Incentive Loans
10     Program.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     changes the Terrel H. Bell Teaching Incentive Loans Program from a loan program
15     to a scholarship program;
16          ▸     enacts provisions regarding the scholarship program, including provisions related
17     to:
18               •     eligibility for a scholarship;
19               •     prioritization of a scholarship; and
20               •     the amount and duration of a scholarship;
21          ▸     requires the State Board of Regents to make rules related to the scholarship
22     program; and
23          ▸     makes technical and conforming changes.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          This bill provides a special effective date.
28     Utah Code Sections Affected:
29     AMENDS:
30          53B-10-101, as last amended by Laws of Utah 2018, Chapter 415
31          63I-2-253, as last amended by Laws of Utah 2018, Chapters 107, 281, 382, 415, and
32     456
33     ENACTS:
34          53B-8-114, Utah Code Annotated 1953
35     REPEALS:
36          53B-10-102, as last amended by Laws of Utah 2006, Chapter 88
37          53B-10-103, as last amended by Laws of Utah 2009, Chapter 370
38     

39     Be it enacted by the Legislature of the state of Utah:
40          Section 1. Section 53B-8-114 is enacted to read:
41          53B-8-114. Terrel H. Bell Education Scholarship Program -- Scholarship
42     requirements -- Rulemaking.
43          (1) As used in this section:
44          (a) "Approved program" means a program that:
45          (i) is a teacher preparation program that:
46          (A) meets the standards described in Section 53E-6-302; and
47          (B) provides enhanced clinical experiences; or
48          (ii) prepares an individual to become:
49          (A) a speech-language pathologist; or
50          (B) another licensed professional providing services in a public school to students with
51     disabilities.
52          (b) "Eligible institution" means a public or private institution of higher education in
53     Utah that offers an approved program.
54          (c) "High needs area" means a subject area or field in public education that has a high
55     need for teachers or other employees, as determined in accordance with Subsections (6) and
56     (7).
57          (d) "Scholarship" means a scholarship described in this section.
58          (2) Subject to future budget constraints, the Legislature shall annually appropriate
59     money to the board for the Terrel H. Bell Education Scholarship Program to be distributed to
60     eligible institutions to award scholarships to incentivize students to work in public education in
61     Utah.
62          (3) (a) Subject to the prioritization described in Subsection (3)(b), an eligible
63     institution may award a scholarship to an individual who:
64          (i) meets the academic standards described in Subsection (6);
65          (ii) is enrolled in at least six credit hours at the eligible institution; and
66          (iii) declares an intent to:
67          (A) apply to and complete an approved program at the eligible institution; and
68          (B) work in a Utah public school.
69          (b) An eligible institution shall prioritize awarding of scholarships:
70          (i) first, to first generation students who intend to work in any area in a Utah public
71     school;
72          (ii) second, to students who:
73          (A) are not first generation students; and
74          (B) intend to work in a high needs area in a Utah public school; and
75          (iii) last, to other students who meet the requirements described in Subsection (3)(a).
76          (4) (a) Except as provided in Subsection (4)(b), an eligible institution may award a
77     scholarship to an individual for an amount up to the cost of resident tuition, fees, and books for
78     the number of credit hours in which the individual is enrolled each semester.
79          (b) An eligible institution that is a private institution may not award a scholarship for
80     an amount of money that exceeds the average scholarship amount granted by a public
81     institution of higher education.
82          (5) (a) Except as provided in Subsection (5)(b), an eligible institution may award a
83     scholarship to an individual for up to four consecutive years.
84          (b) An eligible institution may grant a scholarship recipient a leave of absence.
85          (c) An eligible institution may cancel a scholarship if:
86          (i) the scholarship recipient fails to make reasonable progress toward completion of the
87     approved program, as determined by the eligible institution; or
88          (ii) the eligible institution determines with reasonable certainty that the scholarship
89     recipient does not intend to work in a Utah public school.
90          (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
91     board shall make rules that establish:
92          (a) requirements related to an eligible institution's administration of a scholarship;
93          (b) a process for an individual to apply to an eligible institution to receive a
94     scholarship;
95          (c) in accordance with Subsection (3)(a), requirements related to eligibility for a
96     scholarship, including required academic standards;
97          (d) in accordance with Subsection (3)(b), requirements related to prioritization of
98     scholarships, including determination of:
99          (i) whether a student is a first generation student; and
100          (ii) high needs areas; and
101          (e) criteria to determine whether an individual intends to work in a Utah public school.
102          (7) The board shall consult with the State Board of Education to determine:
103          (a) whether a teacher preparation program provides enhanced clinical experiences; and
104          (b) which subject areas and fields are high needs areas.
105          (8) The board may use up to 5% of money appropriated for the purposes described in
106     this section to promote the scholarships described in this section.
107          Section 2. Section 53B-10-101 is amended to read:
108          53B-10-101. Terrel H. Bell Teaching Incentive Loans program -- Eligible
109     students -- Cancellation of incentive loans -- Repayment by recipient who fails to meet
110     requirements -- Duration of incentive loans.
111          (1) (a) Notwithstanding the provisions of this section, the board may not award an
112     incentive loan described in this section on or after July 1, 2019.
113          (b) The provisions of this section apply to an incentive loan described in this section
114     that was awarded before July 1, 2019.
115          [(1)] (2) (a) A Terrel H. Bell Teaching Incentive Loans program is established to
116     recruit and train superior candidates for teaching in Utah's public school system as a
117     component of the teacher quality continuum referred to in Subsections 53E-2-302(7) and
118     53E-6-103(2)(a).
119          (b) Under the program, the incentive loans may be used in any of Utah's state-operated
120     institutions of higher education or at a private institution of higher education in Utah that offers
121     a state-approved teacher education program.
122          [(2)] (3) (a) The [State Board of Regents] board shall award the incentive loans to
123     college students who have been admitted to, or have made application to and are prepared to
124     enter into, a program preparing students for licensure and who declare an intent to complete the
125     prescribed course of instruction and to teach in this state in accordance with the priorities
126     described under Subsection [(5)] (6)(c).
127          (b) The incentive loan may be canceled at any time by the institution of attendance if:
128          (i) the student fails to make reasonable progress [towards] toward completion of
129     licensing requirements; or
130          (ii) it appears to be a reasonable certainty that the student does not intend to teach in
131     Utah.
132          (c) The [State Board of Regents] board may grant leaves of absence to incentive loan
133     holders.
134          [(3)] (4) The [State Board of Regents] board may require an incentive loan recipient
135     who fails to complete the requirements for licensing without good cause to repay all tuition and
136     fees provided by the loan, together with appropriate interest.
137          [(4)] (5) (a) The [State Board of Regents] board may require an incentive loan recipient
138     who does not work in the state's public school system or a private school within the state within
139     two years after graduation to repay all tuition and fees provided by the loan, together with
140     appropriate interest, unless waived for good cause.
141          (b) (i) A recipient who does not teach for a term equal to the number of years of the
142     incentive loan within a reasonable period of time after graduation shall repay a graduated
143     portion of the tuition and fees based upon the uncompleted term.
144          (ii) One year of teaching is credit for one year's tuition and fees.
145          (c) All repayments made under this Subsection [(4)] (5) are for use in the Terrel H.
146     Bell [Teaching Incentive Loans program] Education Scholarship Program described in Section
147     53B-8-114.
148          [(5)] (6) (a) Each incentive loan is valid for up to four years of full-time equivalent
149     enrollment, or until requirements for licensing or advanced licensing have been met, whichever
150     is less.
151          (b) (i) Incentive loans apply to both tuition and fees in amounts and are subject to
152     conditions approved by the [State Board of Regents] board, based upon criteria developed to
153     [insure] ensure that all recipients of the loans will pursue an education career within the state.
154          (ii) An incentive loan for tuition and fees at a private institution may not exceed the
155     average scholarship amounts granted for tuition and fees at public institutions of higher
156     education within the state.
157          (c) Incentive loans shall be awarded in accordance with prioritized critical areas of
158     need for teaching expertise within the state, as determined by the State Board of Education's
159     criticality index and school district priorities based upon data provided by the school district,
160     and may include preparing persons as:
161          (i) a special education teacher;
162          (ii) a speech or language pathologist; or
163          (iii) another licensed professional providing services in the public schools to pupils
164     with disabilities.
165          Section 3. Section 63I-2-253 is amended to read:
166          63I-2-253. Repeal dates -- Titles 53 through 53G.
167          (1) Section 53A-24-602 is repealed July 1, 2018.
168          (2) (a) Subsections 53B-2a-103(2) and (4) are repealed July 1, 2019.
169          (b) When repealing Subsections 53B-2a-103(2) and (4), the Office of Legislative
170     Research and General Counsel shall, in addition to its authority under Subsection 36-12-12(3),
171     make necessary changes to subsection numbering and cross references.
172          (3) (a) Subsection 53B-2a-108(5) is repealed July 1, 2022.
173          (b) When repealing Subsection 53B-2a-108(5), the Office of Legislative Research and
174     General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
175     necessary changes to subsection numbering and cross references.
176          (4) (a) Subsection 53B-7-705(6)(b)(ii)(A), the language that states "Except as provided
177     in Subsection (6)(b)(ii)(B)," is repealed July 1, 2021.
178          (b) Subsection 53B-7-705(6)(b)(ii)(B) is repealed July 1, 2021.
179          (5) (a) Subsection 53B-7-707(4)(a)(ii), the language that states "Except as provided in
180     Subsection (4)(b)," is repealed July 1, 2021.
181          (b) Subsection 53B-7-707(4)(b) is repealed July 1, 2021.
182          (6) (a) The following sections are repealed on July 1, 2023:
183          (i) Section 53B-8-202;
184          (ii) Section 53B-8-203;
185          (iii) Section 53B-8-204; and
186          (iv) Section 53B-8-205.
187          (b) (i) Subsection 53B-8-201(2) is repealed on July 1, 2023.
188          (ii) When repealing Subsection 53B-8-201(2), the Office of Legislative Research and
189     General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
190     necessary changes to subsection numbering and cross references.
191          (7) Section 53B-10-101 is repealed on July 1, 2027.
192          [(7)] (8) Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project, is
193     repealed July 1, 2023.
194          [(8)] (9) Subsection 53E-5-306(3)(b)(ii)(B) is repealed July 1, 2020.
195          [(9)] (10) Section 53E-5-307 is repealed July 1, 2020.
196          [(10)] (11) Subsections 53F-2-205(4) and (5), the language that states "or 53F-2-301.5,
197     as applicable" is repealed July 1, 2023.
198          [(11)] (12) Subsection 53F-2-301(1) is repealed July 1, 2023.
199          [(12)] (13) Subsection 53F-2-515(1), the language that states "or 53F-2-301.5, as
200     applicable" is repealed July 1, 2023.
201          [(13)] (14) Section 53F-4-204 is repealed July 1, 2019.
202          [(14)] (15) Section 53F-6-202 is repealed July 1, 2020.
203          [(15)] (16) Subsection 53F-9-302(3), the language that states "or 53F-2-301.5, as
204     applicable" is repealed July 1, 2023.
205          [(16)] (17) Subsection 53F-9-305(3)(a), the language that states "or 53F-2-301.5, as
206     applicable" is repealed July 1, 2023.
207          [(17)] (18) Subsection 53F-9-306(3)(a), the language that states "or 53F-2-301.5, as
208     applicable" is repealed July 1, 2023.
209          [(18)] (19) Subsection 53G-3-304(1)(c)(i), the language that states "or 53F-2-301.5, as
210     applicable" is repealed July 1, 2023.
211          [(19)] (20) On July 1, 2023, when making changes in this section, the Office of
212     Legislative Research and General Counsel shall, in addition to the office's authority under
213     Subsection 36-12-12(3), make corrections necessary to ensure that sections and subsections
214     identified in this section are complete sentences and accurately reflect the office's perception of
215     the Legislature's intent.
216          Section 4. Repealer.
217          This bill repeals:
218          Section 53B-10-102, Number of incentive loans -- Criteria for awarding.
219          Section 53B-10-103, Incentive loan appropriation -- Administration of incentive
220     loan program.
221          Section 5. Effective date.
222          This bill takes effect on July 1, 2019.