Home > 108th Congressional Bills > H.R. 438 (rh) To increase the amount of student loans that may be forgiven for teachers in mathematics, science, and special education. [Reported in House] ...H.R. 438 (rh) To increase the amount of student loans that may be forgiven for teachers in mathematics, science, and special education. [Reported in House] ...
108th CONGRESS
1st Session
H. R. 438
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 10, 2003
Received; read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
AN ACT
To increase the amount of student loans that may be forgiven for
teachers in mathematics, science, and special education.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teacher Recruitment and Retention
Act of 2003''.
SEC. 2. INCREASED QUALIFIED LOAN AMOUNTS.
(a) FFEL Loans.--Section 428J(c) of the Higher Education Act of
1965 (20 U.S.C. 1078-10(c)) is amended by adding at the end the
following new paragraph:
``(3) Increased amounts for teachers in mathematics,
science, or special education.--
``(A) Service qualifying for increased amounts.--
Notwithstanding the amount specified in paragraph (1),
the aggregate amount that the Secretary shall repay
under this section shall not be more than $17,500 in
the case of--
``(i) a secondary school teacher--
``(I) who meets the requirements of
subsection (b), subject to subparagraph
(D) of this paragraph; and
``(II) whose qualifying employment
for purposes of such subsection has
been teaching mathematics or science on
a full-time basis;
``(ii) an elementary or secondary school
teacher--
``(I) who meets the requirements of
subsection (b), subject to subparagraph
(D) of this paragraph;
``(II) whose qualifying employment
for purposes of such subsection has
been as a special education teacher
whose primary responsibility is to
provide special education to children
with disabilities (as those terms are
defined in section 602 of the
Individuals with Disabilities Act); and
``(III) who, as certified by the
chief administrative officer of the
public or nonprofit private elementary
or secondary school in which the
borrower is employed, is teaching
children with disabilities that
correspond with the borrower's special
education training and has demonstrated
knowledge and teaching skills in the
content areas of the elementary or
secondary school curriculum that the
borrower is teaching; and
``(iii) an elementary or secondary school
teacher who primarily teaches reading and--
``(I) who meets the requirements of
subsection (b), subject to subparagraph
(D) of this paragraph;
``(II) who has obtained a separate
reading instruction credential from the
State in which the teacher is employed;
and
``(III) who is certified by the
chief administrative officer of the
public or nonprofit private elementary
or secondary school in which the
borrower is employed to teach reading--
``(aa) as being proficient
in teaching the essential
components of reading
instruction as defined in
section 1208 of the Elementary
and Secondary Education Act of
1965; and
``(bb) as having such
credential.
``(B) Accelerated payment.--Notwithstanding the
requirements of subsection (b)(1) and paragraph (1) of
this subsection that 5 consecutive complete years of
service have been completed prior to the receipt of
loan forgiveness, in the case of service described in
subparagraph (A) of this paragraph, the Secretary shall
repay a portion of a borrower's loan obligation
outstanding at the commencement of the qualifying
service under this subsection, not to exceed a total of
$17,500, in the following increments:
``(i) up to $1,750, or 10 percent of such
outstanding loan obligation, whichever is less,
at the completion of the second year of such
service;
``(ii) up to $2,625, or 15 percent of such
outstanding loan obligation, whichever is less,
at the completion of the third year of such
service;
``(iii) up to $4,375, or 25 percent of such
outstanding loan obligation, whichever is less,
at the completion of the fourth year of such
service; and
``(iv) up to $8,750, or 50 percent of such
outstanding loan obligation, whichever is less,
at the completion of the fifth year of such
service.
``(C) Promise to complete service required for
accelerated payment.--Any borrower who receives
accelerated payment under this paragraph shall enter
into an agreement to continue in the qualifying service
for not less than 5 consecutive complete school years,
or, upon a failure to complete such 5 years, to repay
the United States, in accordance with regulations
prescribed by the Secretary, the amount of the loans
repaid by the Secretary under this paragraph, together
with interest thereon and, to the extent required in
such regulations, the reasonable costs of collection.
Such regulations may provide for waiver by the
Secretary of such repayment obligations upon proof of
economic hardship as specified in such regulations.
``(D) Higher poverty enrollment required.--In order
to qualify for an increased repayment amount under this
paragraph, section 465(a)(2)(A) shall, for purposes of
subsection (b)(1)(A) of this section, be applied by
substituting `40 percent of the total enrollment' for
`30 percent of the total enrollment'.''.
(b) Direct Loans.--Section 460(c) of the Higher Education Act of
1965 (20 U.S.C. 1087j(c)) is amended by adding at the end the following
new paragraph:
``(3) Increased amounts for teachers in mathematics,
science, or special education.--
``(A) Service qualifying for increased amounts.--
Notwithstanding the amount specified in paragraph (1),
the aggregate amount that the Secretary shall repay
under this section shall not be more than $17,500 in
the case of--
``(i) a secondary school teacher--
``(I) who meets the requirements of
subsection (b)(1), subject to
subparagraph (D) of this paragraph; and
``(II) whose qualifying employment
for purposes of such subsection has
been teaching mathematics or science on
a full-time basis;
``(ii) an elementray or secondary school
teacher--
``(I) who meets the requirements of
subsection (b)(1), subject to
subparagraph (D) of this paragraph;
``(II) whose qualifying employment
for purposes of such subsection has
been as a special education teacher
whose primary responsibility is to
provide special education to children
with disabilities (as those terms are
defined in section 602 of the
Individuals with Disabilities Act); and
``(III) who, as certified by the
chief administrative officer of the
public or nonprofit private elementary
or secondary school in which the
borrower is employed, is teaching
children with disabilities that
correspond with the borrower's special
education training and has demonstrated
knowledge and teaching skills in the
content areas of the elementary or
secondary school curriculum that the
borrower is teaching; and
``(iii) an elementary or secondary school
teacher who primarily teaches reading and--
``(I) who meets the requirements of
subsection (b), subject to subparagraph
(D) of this paragraph;
``(II) who has obtained a separate
reading instruction credential from the
State in which the teacher is employed;
and
``(III) who is certified by the
chief administrative officer of the
public or nonprofit private elementary
or secondary school in which the
borrower is employed to teach reading--
``(aa) as being proficient
in teaching the essential
components of reading
instruction as defined in
section 1208 of the Elementary
and Secondary Education Act of
1965; and
``(bb) as having such
credential.
``(B) Accelerated payment.--Notwithstanding the
requirements of subsection (b)(1)(A) and paragraph (1)
of this subsection that 5 consecutive complete years of
service have been completed prior to the receipt of
loan forgiveness, in the case of service described in
subparagraph (A) of this paragraph, the Secretary shall
repay a portion of a borrower's loan obligation
outstanding at the commencement of the qualifying
service under this subsection, not to exceed a total of
$17,500, in the following increments:
``(i) up to $1,750, or 10 percent of such
outstanding loan obligation, whichever is less,
at the completion of the second year of such
service;
``(ii) up to $2,625, or 15 percent of such
outstanding loan obligation, whichever is less,
at the completion of the third year of such
service;
``(iii) up to $4,375, or 25 percent of such
outstanding loan obligation, whichever is less,
at the completion of the fourth year of such
service; and
``(iv) up to $8,750, or 50 percent of such
outstanding loan obligation, whichever is less,
at the completion of the fifth year of such
service.
``(C) Promise to complete service required for
accelerated payment.--Any borrower who receives
accelerated payment under this paragraph shall enter
into an agreement to continue in the qualifying service
for not less than 5 consecutive complete school years,
or, upon a failure to complete such 5 years, to repay
the United States, in accordance with regulations
prescribed by the Secretary, the amount of the loans
repaid by the Secretary under this paragraph, together
with interest thereon and, to the extent required in
such regulations, the reasonable costs of collection.
Such regulations may provide for waiver by the
Secretary of such repayment obligations upon proof of
economic hardship as specified in such regulations.
``(D) Higher poverty enrollment required.--In order
to qualify for an increased repayment amount under this
paragraph, section 465(a)(2)(A) shall, for purposes of
subsection (b)(1)(A)(i) of this section, be applied by
substituting `40 percent of the total enrollment' for
`30 percent of the total enrollment'.''.
SEC. 3. IMPLEMENTING HIGHLY QUALIFIED TEACHER REQUIREMENTS.
(a) Amendments.--
(1) FFEL Loans.--Section 428J(b)(1) of the Higher Education
Act of 1965 (20 U.S.C. 1078-10(b)(1)) is amended--
(A) by inserting ``and'' after the semicolon at the
end of subparagraph (A); and
(B) by striking subparagraphs (B) and (C) and
inserting the following:
``(B) if employed as an elementary or secondary
school teacher, is highly qualified as defined in
section 9101(23) of the Elementary Secondary Education
Act of 1965; and''.
(2) Direct Loans.--Section 460(b)(1)(A) of such Act (20
U.S.C. 1087j(b)(1)(A)) is amended--
(A) by inserting ``and'' after the semicolon at the
end of clause (i); and
(B) by striking clauses (ii) and (iii) and
inserting the following:
``(ii) if employed as an elementary or
secondary school teacher, is highly qualified
as defined in section 9101(23) of the
Elementary Secondary Education Act of 1965;
and''.
(b) Transition Rule.--
(1) Rule.--The amendments made by subsection (a) of this
section to sections 428J(b)(1) and 460(b)(1)(A) of the Higher
Education Act of 1965 shall not be applied to disqualify any
individual who, before the date of enactment of this Act,
commenced service that met and continues to meet the
requirements of such sections as in effect before such date of
enactment.
(2) Rule not applicable to increased qualified loan
amounts.--Paragraph (1) of this subsection shall not apply for
purposes of obtaining increased qualified loan amounts under
sections 428J(b)(3) and 460(b)(3) of the Higher Education Act
of 1965 as added by section 2 of this Act.
SEC. 4. INFORMATION ON BENEFITS TO RURAL SCHOOL DISTRICTS.
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