[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1326 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 1326

 To continue and expand the program to provide assistance to separated 
  and retired members of the Armed Forces to obtain certification and 
 employment as teachers, to transfer the jurisdiction over the program 
         to the Secretary of Education, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 25, 1999

  Mr. Hefley (for himself, Mr. Edwards, Mr. Gallegly, and Mr. Hill of 
   Indiana) introduced the following bill; which was referred to the 
   Committee on Education and the Workforce, and in addition to the 
Committee on Armed Services, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To continue and expand the program to provide assistance to separated 
  and retired members of the Armed Forces to obtain certification and 
 employment as teachers, to transfer the jurisdiction over the program 
         to the Secretary of Education, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; DEFINITIONS.

    (a) Short Title.--This Act may be cited as the ``Troops-to-Teachers 
Program Improvement Act of 1999''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents; definitions.
Sec. 2. Troops-to-Teachers Program of the Department of Education.
Sec. 3. Eligible members of the Armed Forces.
Sec. 4. Selection of participants.
Sec. 5. Participation agreement.
Sec. 6. Stipend and bonus for participants.
Sec. 7. Discharge of State activities through consortia of States.
Sec. 8. Assistance to States in conducting activities under Program.
Sec. 9. Transfer of jurisdiction over current program.
Sec. 10. Reporting requirements.
Sec. 11. Authorization of appropriations.
    (c) Definitions.--In this Act:
            (1) The term ``State'' includes the District of Columbia, 
        American Samoa, the Federated States of Micronesia, Guam, the 
        Republic of the Marshall Islands, the Commonwealth of the 
        Northern Mariana Islands, the Commonwealth of Puerto Rico, the 
        Republic of Palau, and the United States Virgin Islands.
            (2) The term ``alternative certification or licensure 
        requirements'' means State or local teacher certification or 
        licensure requirements that permit a demonstrated competence in 
        appropriate subject areas gained in careers outside of 
        education to be substituted for traditional teacher training 
        course work.

SEC. 2. TROOPS-TO-TEACHERS PROGRAM OF THE DEPARTMENT OF EDUCATION.

    (a) Program Authorized.--The Secretary of Education, in 
consultation with the Secretary of Defense and the Secretary of 
Transportation with respect to the Coast Guard, may carry out a program 
(to be known as the ``Troops-to-Teachers Program'')--
            (1) to assist eligible members of the Armed Forces after 
        their discharge or release, or retirement, from active duty to 
        obtain certification or licensure as elementary or secondary 
        school teachers or as vocational or technical teachers; and
            (2) to facilitate the employment of such members by local 
        educational agencies identified under subsection (b)(1).
    (b) Identification of Local Educational Agencies With Teacher 
Shortages.--
            (1) In general.--In carrying out the Troops-to-Teachers 
        Program, the Secretary of Education shall periodically identify 
        local educational agencies that--
                    (A) are receiving grants under title I of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 6301 et seq.) as a result of having within their 
                jurisdictions concentrations of children from low-
                income families; or
                    (B) are experiencing a shortage of qualified 
                teachers, in particular a shortage of science, 
                mathematics, special education, or vocational or 
                technical teachers.
            (2) Identification methods.--The Secretary may identify 
        local educational agencies under paragraph (1) through surveys 
        conducted for that purpose or by utilizing information on local 
        educational agencies that is available to the Secretary from 
        other sources.
    (c) Identification of States With Alternative Certification 
Requirements.--In carrying out the Troops-to-Teachers Program, the 
Secretary of Education shall also conduct a survey of States to 
identify those States that have alternative certification or licensure 
requirements for teachers, including those States that grant credit for 
service in the Armed Forces toward satisfying certification or 
licensure requirements for teachers.

SEC. 3. ELIGIBLE MEMBERS OF THE ARMED FORCES.

    (a) Eligible Members.--The following members of the Armed Forces 
shall be eligible for selection to participate in the program:
            (1) Any member who--
                    (A) during the period beginning on October 1, 1990, 
                and ending on September 30, 1999, was involuntarily 
                discharged or released from active duty for purposes of 
                a reduction of force after six or more years of 
                continuous active duty immediately before the discharge 
                or release; and
                    (B) satisfies such other criteria for selection as 
                the Secretary of Education, in consultation with the 
                Secretary of Defense and the Secretary of 
                Transportation, may prescribe.
            (2) Any member who applied for the teacher placement 
        program administered under section 1151 of title 10, United 
        States Code, before the expiration of that program and who 
        satisfies the eligibility criteria specified in subsection (c) 
        of such section.
            (3) Any member who--
                    (A) on or after October 1, 1999, is retired for 
                length of service with at least 20 years of active 
                service computed under section 3925, 3926, 8925, or 
                8926 of title 10, United States Code, or for purposes 
                of chapter 571 of such title or is retired under 
                section 1201 or 1204 of such title; and
                    (B) satisfies the criteria prescribed under 
                paragraph (1)(B).
    (b) Education Background.--In the case of a member of the Armed 
Forces described in subsection (a)(3) who is applying for assistance 
for placement as an elementary or secondary school teacher, the 
Secretary of Education shall require the member to have received a 
baccalaureate or advanced degree from an accredited institution of 
higher education. In the case of a member described in subsection 
(a)(3) who is applying for assistance for placement as a vocational or 
technical teacher, the Secretary of Education shall require the 
member--
            (1) to have received the equivalent of one year of college 
        from an accredited institution of higher education and have 10 
        or more years of military experience in a vocational or 
        technical field; or
            (2) to otherwise meet the certification or licensure 
        requirements for a vocational or technical teacher in the State 
        in which the member seeks assistance for placement under the 
        program.
    (c) Ineligible Members.--A member of the Armed Forces who is 
discharged or released from active duty, or retires from service, under 
other than honorable conditions shall not be eligible to participate in 
the Troops-to-Teachers Program.
    (d) Information Regarding Program.--
            (1) Provision of information.--The Secretary of Education, 
        in consultation with the Secretary of Defense and the Secretary 
        of Transportation, shall provide information regarding the 
        Troops-to-Teachers Program, and make applications for the 
        program available, to members of the Armed Forces as part of 
        preseparation counseling provided under section 1142 of title 
        10, United States Code.
            (2) Types of information.--The information provided to 
        members shall--
                    (A) indicate the local educational agencies 
                identified under section 2(b); and
                    (B) identify those States surveyed under section 
                2(c) that have alternative certification or licensure 
                requirements for teachers, including those States that 
                grant credit for service in the Armed Forces toward 
                satisfying such requirements.

SEC. 4. SELECTION OF PARTICIPANTS.

    (a) Submission of Applications.--Selection of eligible members of 
the Armed Forces to participate in the Troops-to-Teachers Program shall 
be made on the basis of applications submitted to the Secretary of 
Education on a timely basis. An application shall be in such form and 
contain such information as the Secretary may require.
    (b) Timely Applications.--An application shall be considered to be 
submitted on a timely basis if the application is submitted as follows:
            (1) In the case of an applicant who is eligible under 
        section 3(a)(1) or 3(a)(2), not later than September 30, 2003.
            (2) In the case of an applicant who is eligible under 
        section 3(a)(3), not later than four years after the date of 
        the retirement of the applicant from active duty.
    (c) Selection Priorities.--In selecting participants to receive 
assistance for placement as elementary or secondary school teachers or 
vocational or technical teachers, the Secretary of Education shall give 
priority to eligible members who--
            (1) have educational or military experience in science, 
        mathematics, special education, or vocational or technical 
        subjects and agree to seek employment as science, mathematics, 
        or special education teachers in elementary or secondary 
        schools or in other schools under the jurisdiction of a local 
        educational agency; or
            (2) have educational or military experience in another 
        subject area identified by the Secretary, in consultation with 
        the National Governors Association, as important for national 
        educational objectives and agree to seek employment in that 
        subject area in elementary or secondary schools.
    (d) Selection Subject to Funding.--The Secretary of Education may 
not select a member to participate in the program unless the Secretary 
has sufficient appropriations for the Troops-to-Teachers Program 
available at the time of the selection to satisfy the obligations to be 
incurred by the United States under section 6 with respect to that 
member.

SEC. 5. PARTICIPATION AGREEMENT.

    (a) Agreement Required; Terms.--A member of the Armed Forces 
selected to participate in the Troops-to-Teachers Program shall be 
required to enter into an agreement with the Secretary of Education in 
which the member agrees--
            (1) to obtain, within such time as the Secretary may 
        require, certification or licensure as an elementary or 
        secondary school teacher or vocational or technical teacher; 
        and
            (2) to accept an offer of full-time employment as an 
        elementary or secondary school teacher or vocational or 
        technical teacher for not less than four school years with a 
        local educational agency identified under 2, to begin the 
        school year after obtaining that certification or licensure.
    (b) Exceptions to Violation Determination.--A participant in the 
Troops-to-Teachers Program shall not be considered to be in violation 
of an agreement entered into under subsection (a) during any period in 
which the participant--
            (1) is pursuing a full-time course of study related to the 
        field of teaching at an eligible institution;
            (2) is serving on active duty as a member of the Armed 
        Forces;
            (3) is temporarily totally disabled for a period of time 
        not to exceed three years as established by sworn affidavit of 
        a qualified physician;
            (4) is unable to secure employment for a period not to 
        exceed 12 months by reason of the care required by a spouse who 
        is disabled;
            (5) is seeking and unable to find full-time employment as a 
        teacher in an elementary or secondary school or as a vocational 
        or technical teacher for a single period not to exceed 27 
        months; or
            (6) satisfies the provisions of additional reimbursement 
        exceptions that may be prescribed by the Secretary of 
        Education.

SEC. 6. STIPEND AND BONUS FOR PARTICIPANTS.

    (a) Stipend Authorized.--
            (1) In general.--Subject to paragraph (2), the Secretary of 
        Education shall pay to each participant in the Troops-to-
        Teachers Program a stipend in an amount equal to $3,000.
            (2) Total number of stipends.--The total number of stipends 
        that may be paid under paragraph (1) in any fiscal year may not 
        exceed 5,000.
    (b) Bonus Authorized.--
            (1) In general.--Subject to paragraph (2), the Secretary of 
        Education may, in lieu of paying a stipend under subsection 
        (a), pay a bonus of $5,000 to each participant in the Troops-
        to-Teachers Program who agrees under section 5 to accept full-
        time employment as an elementary or secondary school teacher or 
        vocational or technical teacher for not less than four years in 
        a high need school.
            (2) Total number of bonuses.--The total number of bonuses 
        that may be paid under paragraph (1) in any fiscal year may not 
        exceed 1,000.
            (3) High need school defined.--In this subsection, the term 
        ``high need school'' means an elementary school or secondary 
        school that meets one or more of the following criteria:
                    (A) A school with a drop out rate that exceeds the 
                national average school drop out rate.
                    (B) A school having a large percentage of students 
                (as determined by the Secretary of Education in 
                consultation with the National Assessment Governing 
                Board) who speak English as a second language.
                    (C) A school having a large percentage of students 
                (as so determined) who are at risk of educational 
                failure by reason of limited proficiency in English, 
                poverty, race, geographic location, or economic 
                circumstances.
                    (D) A school at least one-half of whose students 
                are from families with an income below the poverty line 
                (as that term is defined by the Office of Management 
                and Budget and revised annually in accordance with 
                section 673(2) of the Community Services Block Grant 
                Act (42 U.S.C. 9902(2)) applicable to a family of the 
                size involved.
                    (E) A school with a large percentage of students 
                (as so determined) who qualify for assistance under 
                part B of the Individuals with Disabilities Education 
                Act (20 U.S.C. 1411 et seq.).
                    (F) A school meeting any other criteria established 
                by the Secretary in consultation with the National 
                Assessment Governing Board.
    (c) Treatment of Stipend and Bonus.--Stipends and bonuses paid 
under this section shall be taken into account in determining the 
eligibility of the participant concerned for Federal student financial 
assistance provided under title IV of the Higher Education Act of 1965 
(20 U.S.C. 1070 et seq.).
    (d) Reimbursement Under Certain Circumstances.--
            (1) Stipend.--If a participant in the Troops-to-Teachers 
        Program fails to obtain teacher certification or licensure or 
        employment as an elementary or secondary school teacher or 
        vocational or technical teacher as required under the agreement 
        or voluntarily leaves, or is terminated for cause, from the 
        employment during the four years of required service, the 
        participant shall be required to reimburse the Secretary of 
        Education for any stipend paid to the participant under 
        subsection (a) in an amount that bears the same ratio to the 
        amount of the stipend as the unserved portion of required 
        service bears to the four years of required service.
            (2) Bonus.--If a participant in the Troops-to-Teachers 
        Program who is paid a bonus under subsection (b) fails to 
        obtain employment for which such bonus was paid, or voluntarily 
        leaves or is terminated for cause from the employment during 
        the four years of required service, the participant shall be 
        required to reimburse the Secretary of Education for any bonus 
        paid to the participant under that subsection in an amount that 
        bears the same ratio to the amount of the bonus as the unserved 
        portion of required service bears to the four years of required 
        service.
            (3) Treatment of obligation.--The obligation to reimburse 
        the Secretary of Education under this subsection is, for all 
        purposes, a debt owing the United States. A discharge in 
        bankruptcy under title 11 shall not release a participant from 
        the obligation to reimburse the Secretary.
            (4) Interest.--Any amount owed by a participant under this 
        subsection shall bear interest at the rate equal to the highest 
        rate being paid by the United States on the day on which the 
        reimbursement is determined to be due for securities having 
        maturities of ninety days or less and shall accrue from the day 
        on which the participant is first notified of the amount due.
    (e) Exceptions to Reimbursement Requirement.--A participant in the 
Troops-to-Teachers Program shall be excused from reimbursement under 
subsection (d) if the participant becomes permanently totally disabled 
as established by sworn affidavit of a qualified physician. The 
Secretary of Education may also waive reimbursement in cases of extreme 
hardship to the participant, as determined by the Secretary in 
consultation with the Secretary of Defense or the Secretary of 
Transportation, as the case may be.
    (f) Relationship to Educational Assistance Under Montgomery GI 
Bill.--The receipt by a participant in the Troops-to-Teachers Program 
of any assistance under the program shall not reduce or otherwise 
affect the entitlement of the participant to any benefits under chapter 
30 of title 38 or chapter 1606 of title 10, United States Code.

SEC. 7. DISCHARGE OF STATE ACTIVITIES THROUGH CONSORTIA OF STATES.

    The Secretary of Education may permit States participating in the 
Troops-to-Teachers Program to carry out activities authorized for such 
States under the program through one or more consortia of such States.

SEC. 8. ASSISTANCE TO STATES IN CONDUCTING ACTIVITIES UNDER PROGRAM.

    (a) Assistance Authorized.--Subject to subsection (b), the 
Secretary of Education may make grants to States participating in the 
Troops-to-Teachers Program, or to consortia of such States, in order to 
permit such States or consortia of States to operate offices for 
purposes of recruiting eligible members of the Armed Forces for 
participation in the program and facilitating the employment of 
participants in the program in schools in such States or consortia of 
States.
    (b) Total Amount of Grants.--The total amount of grants under 
subsection (a) in any fiscal year may not exceed $4,000,000.

SEC. 9. TRANSFER OF JURISDICTION OVER CURRENT PROGRAM.

    (a) Effect of Expiration of Defense Placement Program.--The 
Secretary of Defense, Secretary of Transportation, and Secretary of 
Education shall provide for the transfer to the Secretary of Education 
of any on-going functions and responsibilities of the Secretary of 
Defense and the Secretary of Transportation with respect the program 
authorized by section 1151 of title 10, United States Code, for the 
period beginning on October 23, 1992, and ending on September 30, 1999.
    (b) Time for Transfer.--The Secretaries shall complete the transfer 
under subsection (a) not later than October 1, 1999.

SEC. 10. REPORTING REQUIREMENTS.

    (a) Report Required.--Not later than March 31, 2002, the Secretary 
of Education and the Comptroller General shall each submit to Congress 
a report on the effectiveness of the Troops-to-Teachers Program in the 
recruitment and retention of qualified personnel by local educational 
agencies identified under section 2(b).
    (b) Elements of Report.--The report under subsection (a) shall 
include information on the following:
            (1) The number of participants in the program.
            (2) The schools in which such participants are employed.
            (3) The grade levels at which such participants teach.
            (4) The subject matters taught by such participants.
            (5) The effectiveness of the teaching of such participants, 
        as indicated by any relevant test scores of the students of 
        such participants.
            (6) The extent of any academic improvement in the schools 
        in which such participants teach by reason of their teaching.
            (7) The rates of retention of such participants by the 
        local educational agencies employing such participants.
            (8) The effect of any stipends or bonuses in enhancing 
        participation in the program or in enhancing recruitment or 
        retention of participants in the program by the local 
        educational agencies employing such participants.
            (9) Such other matters as the Secretary of Education or the 
        Comptroller General, as the case may be, considers appropriate.
    (c) Recommendations.--The report of the Comptroller General and the 
Secretary of Education under this section shall also include any 
recommendations of the Comptroller General as to means of improving the 
Troops-to-Teachers Program, including means of enhancing the 
recruitment and retention of participants in the program.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated for the Department of Education $20,000,000 for each of 
fiscal years 2000 through 2004 for purposes of carrying out the Troops-
to-Teachers Program.
    (b) Limitation on Use of Funds for Management Infrastructure.--The 
Secretary of Education may utilize not more than five percent of the 
funds available to carry out the Troops-to-Teachers Program for a 
fiscal year for purposes of establishing and maintaining the management 
infrastructure necessary to support the program.
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