[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2190 Introduced in Senate (IS)]

<DOC>






114th CONGRESS
  1st Session
                                S. 2190

 To amend the Higher Education Act of 1965 to establish a scholarship 
     program for educators of rural students and provide for loan 
forgiveness for rural educators, to amend the Elementary and Secondary 
 Education Act of 1965 to provide professional development grants for 
rural elementary schools and secondary schools, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 21, 2015

  Mr. Tester introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To amend the Higher Education Act of 1965 to establish a scholarship 
     program for educators of rural students and provide for loan 
forgiveness for rural educators, to amend the Elementary and Secondary 
 Education Act of 1965 to provide professional development grants for 
rural elementary schools and secondary schools, 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.

    This Act may be cited as the ``Rural Educator Support and Training 
Act'' or the ``REST Act''.

                      TITLE I--STUDENT ASSISTANCE

    Subtitle A--Scholarships for the Study of Education and School 
                             Administration

SEC. 101. SCHOLARSHIP PROGRAMS FOR EDUCATORS OF RURAL STUDENTS.

    Part B of title II of the Higher Education Act of 1965 (20 U.S.C. 
1031 et seq.) is amended by adding at the end the following:

            ``Subpart 6--Rural Educator Scholarship Program

``SEC. 259. PURPOSE; DEFINITION OF BUREAU-FUNDED SCHOOL.

    ``(a) Purpose.--The purpose of this subpart is to provide a more 
stable base of education professionals to serve in rural public 
elementary schools and secondary schools, local educational agencies, 
and State educational agencies.
    ``(b) Bureau-Funded School.--In this subpart, the term `Bureau-
funded school' has the meaning given the term in section 1141 of the 
Education Amendments of 1978 (25 U.S.C. 2021).

``SEC. 259A. TERMS AND CONDITIONS OF CONTRACTS FOR SCHOLARSHIP GRANTS.

    ``(a) In General.--Unless otherwise specified, a scholarship grant 
under this subpart shall have the terms and conditions described in 
this section.
    ``(b) Contents of Contract.--
            ``(1) In general.--The written contract between the 
        Secretary and the individual receiving a scholarship grant 
        under this subpart shall contain the following:
                    ``(A) A statement that the Secretary agrees to 
                provide the individual with a scholarship in accordance 
                with section 259B or 259C, as the case may be.
                    ``(B) A statement that the individual agrees--
                            ``(i) to accept the relevant scholarship 
                        under this subpart;
                            ``(ii) to maintain enrollment in the course 
                        of study for which the scholarship was awarded 
                        until the individual completes the course of 
                        study;
                            ``(iii) while enrolled in such course of 
                        study, to maintain an acceptable level of 
                        academic standing (as determined by the 
                        Secretary, taking into account the requirements 
                        of the institution of higher education offering 
                        such course of study); and
                            ``(iv) to serve, through full-time 
                        employment at an eligible school or eligible 
                        service employer (as described under section 
                        259B or 259C, as the case may be), for a time 
                        period (referred to in this section as the 
                        `period of obligated service') equal to the 
                        greater of--
                                    ``(I) 1 year for the equivalent of 
                                each school year for which the 
                                individual was provided a scholarship 
                                under this subpart; or
                                    ``(II) 3 years.
                    ``(C) A statement of the damages to which the 
                United States is entitled, under subsection (d), for 
                the individual's breach of the contract.
                    ``(D) Any other relevant statements of the rights 
                and liabilities of the Secretary and of the individual, 
                in accordance with the provisions of this subpart.
            ``(2) Period of obligated service.--
                    ``(A) In general.--The recipient of a scholarship 
                grant under this subpart shall be required to carry out 
                a period of obligated service, as described in 
                paragraph (1)(B)(iv).
                    ``(B) Deferment.--
                            ``(i) In general.--At the request of an 
                        individual who has entered into a contract 
                        described in this subsection, the Secretary 
                        shall grant a deferment for the period of 
                        obligated service of such individual under such 
                        contract for any of the following reasons:
                                    ``(I) Advanced study.--For advanced 
                                study to enable such individual to 
                                complete a course of study leading to 
                                an advanced degree in elementary or 
                                secondary education or school 
                                administration, or needed to become 
                                certified by a State or Indian tribe to 
                                teach, for an appropriate period (in 
                                years, as determined by the Secretary).
                                    ``(II) Family and medical leave.--
                                For family or medical leave for a 
                                period in alignment with section 102 of 
                                the Family and Medical Leave Act of 
                                1993 (29 U.S.C. 2612) and as approved 
                                by the Secretary.
                                    ``(III) Military service.--If the 
                                individual is a member of the National 
                                Guard or other reserve component of the 
                                Armed Forces of the United States, or a 
                                member of such Armed Forces in a 
                                retired status, and such individual is 
                                called or ordered to active duty (as 
                                defined in section 101(d)(1) of title 
                                10, United States Code), such 
                                individual shall be eligible for a 
                                deferment during the period of active 
                                duty and for an appropriate period (as 
                                determined by the Secretary) after 
                                returning from active duty.
                            ``(ii) Conditions of deferment.--A 
                        deferment granted under clause (i) shall be 
                        subject to the following conditions:
                                    ``(I) The deferment period shall 
                                not be counted as satisfying any period 
                                of obligated service that is required 
                                under this section.
                                    ``(II) The period of obligated 
                                service of the individual shall 
                                commence at the later of--
                                            ``(aa) 90 days after the 
                                        completion of the deferment 
                                        period;
                                            ``(bb) the commencement of 
                                        the first school year at the 
                                        school where the individual has 
                                        been hired that begins after 
                                        the completion of the 
                                        deferment; or
                                            ``(cc) a date specified by 
                                        the Secretary.
                    ``(C) Part-time study.--In the case of an 
                individual receiving a scholarship under this subpart 
                who is enrolled part-time in an approved course of 
                study--
                            ``(i) a scholarship under this subpart 
                        shall be for a period of years not to exceed 
                        the part-time equivalent of 4 years, as 
                        determined by the Secretary;
                            ``(ii) the period of obligated service 
                        shall be equal to the greater of--
                                    ``(I) 1 year for the equivalent of 
                                each full-time academic year for which 
                                the individual was provided a 
                                scholarship (as determined by the 
                                Secretary by adding the fractions of a 
                                full-time academic year that each 
                                period of part-time attendance 
                                comprises); or
                                    ``(II) 3 years; and
                            ``(iii) the amount of the monthly stipend 
                        specified in subsection (c) shall be reduced 
                        pro rata, as determined by the Secretary, based 
                        on the number of hours of study in which such 
                        individual is enrolled.
    ``(c) Scholarship.--
            ``(1) In general.--A scholarship provided to a student 
        under this subpart for a school year shall equal the amount 
        of--
                    ``(A) the tuition of the student;
                    ``(B) all other reasonable educational expenses 
                incurred by the student in such school year, including 
                fees, books, laboratory expenses, and other expenses as 
                determined by the Secretary; and
                    ``(C) a stipend of $800 per month (adjusted in 
                accordance with paragraph (3)) for each of the 12 
                consecutive months beginning with the first month of 
                such school year.
            ``(2) Payment to an institution of higher education.--The 
        Secretary may contract with an institution of higher education 
        in which a participant in the scholarship program under this 
        subpart is enrolled for the payment to such institution on 
        behalf of the student of the amounts of tuition and other 
        reasonable educational expenses described in subparagraphs (A) 
        and (B) of paragraph (1). Payment to such institution may be 
        made without regard to subsections (a) and (b) of section 3324 
        of title 31, United States Code.
            ``(3) Stipend.--The amount of the monthly stipend described 
        in paragraph (1)(C) shall be increased by the Secretary for 
        each school year ending in a fiscal year beginning after 
        September 30, 2016, by the amount (rounded to the next highest 
        multiple of $1) equal to the amount of such stipend multiplied 
        by the percentage adjustment in the rates of pay under the 
        General Schedule taking effect under section 5303 of title 5, 
        United States Code, during the fiscal year in which such school 
        year ends (if such adjustment is an increase).
    ``(d) Liability; Failure To Complete the Period of Obligated 
Service; Repayment.--
            ``(1) Liability.--An individual who has entered into a 
        written contract with the Secretary under this section shall be 
        liable to the United States for the amount that has been paid 
        to, or on behalf of, such individual under the contract, if 
        such individual--
                    ``(A) fails to maintain an acceptable level of 
                academic standing in the institution of higher 
                education in which the individual is enrolled (as 
                determined by the Secretary taking into account the 
                requirements of the institution of higher education 
                offering such course of study);
                    ``(B) is dismissed from such institution of higher 
                education for disciplinary reasons;
                    ``(C) voluntarily terminates the training in such 
                institution of higher education for which such 
                individual is provided a scholarship under such 
                contract before the completion of such training; or
                    ``(D) fails to accept payment, or instructs the 
                institution of higher education in which such 
                individual is enrolled not to accept payment, under 
                this section.
            ``(2) Failure to complete the period of obligated 
        service.--An individual who has entered into a written contract 
        with the Secretary under this section may petition the 
        Secretary to delay the date on which the individual would 
        otherwise be required to begin the period of obligated service 
        if such individual has not succeeded in obtaining employment 
        required by this section. In support of such petition, the 
        individual shall supply such reasonable information as the 
        Secretary may require. The Secretary shall retain full 
        discretion regarding the decision about whether to grant or 
        decline such a delay and to determine the duration of any delay 
        that is granted.
            ``(3) Repayment.--
                    ``(A) In general.--An individual who has entered 
                into a written contract with the Secretary under this 
                section and who is liable for any amount of damages 
                which the United States is entitled to recover under 
                this subsection shall--
                            ``(i) begin payment of such damages to the 
                        United States within 1 year of the date of the 
                        breach or on such later date as specified by 
                        the Secretary; and
                            ``(ii) repay the amount of such damages in 
                        full following a schedule and by a deadline 
                        determined by the Secretary.
                    ``(B) Recovery of damages.--If damages described in 
                subparagraph (A) are delinquent for 3 months, the 
                Secretary shall, for the purpose of recovering such 
                damages--
                            ``(i) utilize collection agencies 
                        contracted with by the Administrator of the 
                        General Services Administration; or
                            ``(ii) enter into contracts for the 
                        recovery of such damages with collection 
                        agencies selected by the Secretary.
                    ``(C) Contracts for recovery of damages.--Each 
                contract for recovering damages pursuant to this 
                paragraph shall provide that the contractor will, not 
                less than once every 6 months, submit to the Secretary 
                a status report on the success of the contractor in 
                collecting such damages. Section 3718 of title 31, 
                United States Code, shall apply to any such contract to 
                the extent not inconsistent with this subsection.
            ``(4) Death.--Upon the death of an individual who receives, 
        or has received, a scholarship under this subpart, any 
        obligation of such individual for service or payment that 
        relates to such scholarship shall be canceled.
            ``(5) Waiver.--
                    ``(A) Required waiver.--The Secretary shall provide 
                for the partial or total waiver or suspension of any 
                obligation of service or payment of a recipient of a 
                scholarship under this subpart, if the Secretary 
                determines that--
                            ``(i) it is not possible for the recipient 
                        to meet the obligation or make the payment;
                            ``(ii) requiring the recipient to meet the 
                        obligation or make the payment would result in 
                        extreme hardship to the recipient; or
                            ``(iii) the enforcement of the requirement 
                        to meet the obligation or make the payment 
                        would be unconscionable.
                    ``(B) Permissible waiver.--Notwithstanding any 
                other provision of law, for other good cause shown, the 
                Secretary may waive, in whole or in part, the right of 
                the United States to recover funds made available under 
                this section.
            ``(6) Bankruptcy.--
                    ``(A) In general.--Subject to subparagraph (B), and 
                notwithstanding any other provision of law, with 
                respect to a recipient of a scholarship under this 
                subpart, no obligation for payment may be released by a 
                discharge in bankruptcy under title 11.
                    ``(B) Exception.--The prohibition described in 
                subparagraph (A) shall not apply if--
                            ``(i) such discharge is granted after the 
                        expiration of the 5-year period beginning on 
                        the initial date on which that payment is due; 
                        and
                            ``(ii) the bankruptcy court finds that the 
                        nondischarge of the obligation would be 
                        unconscionable.
    ``(e) Applicability of Other Provisions.--Notwithstanding any other 
provision of law, an individual receiving a scholarship under this 
subpart shall continue to be eligible for any other grant programs and 
loan forgiveness programs for which the individual would otherwise be 
eligible.

``SEC. 259B. RURAL STUDENT EDUCATOR SCHOLARSHIP PROGRAM.

    ``(a) Grants Authorized.--
            ``(1) In general.--The Secretary shall provide to each 
        eligible applicant who is accepted for a scholarship under this 
        section with a scholarship grant in each school year or years 
        for a period during which such individual is pursuing a course 
        of study in elementary or secondary education or school 
        administration at an institution of higher education.
            ``(2) Designation.--Scholarships made under paragraph (1) 
        shall be designated `rural student educator scholarships'.
    ``(b) Eligibility.--
            ``(1) In general.--The Secretary shall select which 
        eligible applicants will receive a rural student educator 
        scholarship under subsection (a).
            ``(2) Criteria.--In order to be eligible to receive a rural 
        student educator scholarship, an individual shall--
                    ``(A) be accepted for enrollment, or be enrolled, 
                as a full-time or part-time student in a course of 
                study in elementary or secondary education or school 
                administration at an institution of higher education;
                    ``(B) submit an application to participate in the 
                rural educator scholarship program at such time and in 
                such manner as the Secretary shall determine; and
                    ``(C) sign and submit to the Secretary, at the time 
                that such application is submitted, a written contract 
                as described in section 259A(b), which shall include a 
                commitment to serve through full-time employment at an 
                eligible school for the period of obligated service.
    ``(c) Eligible Schools.--An individual shall be considered to be 
serving, through full-time employment at an eligible school, as 
required under section 259A(b)(1)(B)(iv), if the individual is employed 
full-time in a public elementary school or secondary school that is 
served by a local educational agency that is eligible to receive 
assistance under part B of title VI of the Elementary and Secondary 
Education Act of 1965.
    ``(d) Placement Assistance.--The Secretary shall assist the 
recipient of a rural educator scholarship in learning about placement 
opportunities in eligible schools by transmitting the name and 
educational credentials of such recipient to--
            ``(1) State educational agency clearinghouses for 
        recruitment and placement of kindergarten, elementary school, 
        and secondary school teachers and administrators in States 
        receiving assistance under title VI of the Elementary and 
        Secondary Education Act of 1965;
            ``(2) elementary schools and secondary schools that are 
        Bureau-funded schools; and
            ``(3) tribal education agencies.

``SEC. 259C. RURAL EDUCATOR GRADUATE FELLOWSHIP PROGRAM.

    ``(a) Grants Authorized.--
            ``(1) In general.--The Secretary shall make scholarship 
        grants in accordance with this section to individuals who are 
        enrolled on a full-time or part-time basis in institutions of 
        higher education and pursuing a graduate level course of study 
        in education or school administration.
            ``(2) Designation.--Scholarships made under paragraph (1) 
        shall be designated `rural educator graduate fellowships'.
    ``(b) Eligibility.--
            ``(1) In general.--The Secretary shall select which 
        eligible applicants will receive a rural educator graduate 
        fellowship under subsection (a).
            ``(2) Criteria.--In order to be eligible to receive a rural 
        educator graduate fellowship, an individual shall--
                    ``(A) be accepted for enrollment, or be enrolled, 
                as a full-time or part-time student in a graduate level 
                course of study in education or school administration 
                at an institution of higher education;
                    ``(B) submit an application to participate in the 
                rural educator graduate fellowship program at such time 
                and in such manner as the Secretary shall determine; 
                and
                    ``(C) sign and submit to the Secretary, at the time 
                that such application is submitted, a written contract 
                as described in section 259A, which shall include a 
                commitment to serve through full-time employment at an 
                eligible service employer for the period of obligated 
                service.
    ``(c) Eligible Service Employers.--An individual shall be 
considered to be serving, through full-time employment at an eligible 
service employer, as required under section 259A(b)(1)(B)(iv), if the 
individual is employed full-time in a public elementary school or 
secondary school that is served by a local educational agency that is 
eligible to receive assistance under part B of title VI of the 
Elementary and Secondary Education Act of 1965.
    ``(d) Placement Assistance.--The Secretary shall assist the 
recipient of a rural educator graduate fellowship in learning about 
placement opportunities in eligible service employers in such manner as 
the Secretary determines appropriate.''.

            Subtitle B--Loan Forgiveness for Rural Educators

SEC. 111. LOAN FORGIVENESS FOR EDUCATORS TEACHING IN RURAL LOCAL 
              EDUCATIONAL AGENCIES.

    (a) Part B Loans.--Section 428J of the Higher Education Act of 1965 
(20 U.S.C. 1078-10) is amended--
            (1) in subsection (b)(1), by inserting ``subject to 
        subsection (c)(4),'' before ``has been employed''; and
            (2) in subsection (c), by adding at the end the following:
            ``(4) Additional amounts for teachers in rural local 
        educational agencies.--Notwithstanding the amount specified in 
        paragraph (1) and the requirements under subparagraphs (A) and 
        (B) of subsection (b)(1), the aggregate amount that the 
        Secretary shall repay under this section shall be not more than 
        $17,500 in the case of a borrower who has been employed as a 
        full-time teacher for 5 consecutive complete school years in a 
        public elementary school or secondary school that is served by 
        a local educational agency that is eligible to receive 
        assistance under part B of title VI of the Elementary and 
        Secondary Education Act of 1965.''.
    (b) Part D Loans.--Section 460 of the Higher Education Act of 1965 
(20 U.S.C. 1087j(c)) is amended--
            (1) in subsection (b)(1) by inserting ``subject to 
        paragraphs (4) and (5) of subsection (c),'' before ``has been 
        employed''; and
            (2) in subsection (c), by adding at the end the following:
            ``(4) Additional amounts for teachers in rural local 
        educational agencies.--Notwithstanding the amount specified in 
        paragraph (1) and the requirements under subparagraphs (A) and 
        (B) of subsection (b)(1), the aggregate amount that the 
        Secretary shall cancel under this section shall be not more 
        than $17,500 in the case of a borrower who has been employed as 
        a full-time teacher for 5 consecutive complete school years in 
        a public elementary school or secondary school that is served 
        by a local educational agency that is eligible to receive 
        assistance under part B of title VI of the Elementary and 
        Secondary Education Act of 1965.''.

                      TITLE II--INSTITUTIONAL AID

SEC. 201. NATIONAL BOARD CERTIFICATION INCENTIVE PROGRAM.

    Part B of title VI of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7341 et seq.) is amended by adding at the end the 
following:

      ``Subpart 4--National Board Certification Incentive Program

``SEC. 6241. NATIONAL BOARD CERTIFICATION INCENTIVE PROGRAM.

    ``(a) Purposes.--The purposes of this section are--
            ``(1) to improve the skills of qualified individuals who 
        teach rural students;
            ``(2) to provide an incentive for qualified teachers to 
        continue to utilize their enhanced skills in elementary schools 
        and secondary schools serving rural communities; and
            ``(3) to increase the retention of highly skilled teachers 
        in rural elementary schools and secondary schools.
    ``(b) Definitions.--In this section:
            ``(1) Eligible educators.--The term `eligible educator' 
        means a teacher who teaches in a public elementary school or 
        secondary school that is served by a local educational agency 
        that is eligible to receive assistance under this part.
            ``(2) Eligible entities.--The term `eligible entity' 
        means--
                    ``(A) a State educational agency that is eligible 
                to receive assistance under this part, in consortium 
                with an institution of higher education;
                    ``(B) a local educational agency that is eligible 
                to receive assistance under this part, in consortium 
                with an institution of higher education; or
                    ``(C) an Indian tribe or organization, in 
                consortium with a local educational agency that is 
                eligible to receive assistance under this part and an 
                institution of higher education.
            ``(3) Indian tribe.--The term `Indian tribe' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act.
    ``(c) Program Authorized.--The Secretary is authorized to award 
grants to eligible entities having applications approved under this 
section to enable such eligible entities to--
            ``(1) reimburse eligible educators for out-of-pocket costs 
        associated with obtaining teacher certification or 
        credentialing by the National Board for Professional Teaching 
        Standards; and
            ``(2) provide an increase in annual compensation, in an 
        amount equal to not less than $5,000 and not more than a 
        $10,000, for eligible educators with a certification from the 
        National Board for Professional Teaching Standards for the 
        duration of the grant under this section.
    ``(d) Application.--Each eligible entity desiring a grant under 
this section shall submit an application to the Secretary at such time, 
in such manner, and accompanied by such information, as the Secretary 
may reasonably require.
    ``(e) Awarding of Grants.--
            ``(1) In general.--In awarding grants under this section, 
        the Secretary shall determine the amount and length of each 
        grant, which shall be for an initial period of not more than 5 
        years.
            ``(2) Extension.--The Secretary may extend an initial grant 
        period under paragraph (1) for an additional period of not more 
        than 5 years, which amount shall be used to provide an increase 
        in annual compensation described in subsection (c)(2) for 
        educators who obtained certification or credentialing during 
        the initial grant period.
    ``(f) Restrictions on Compensation Increases.--The Secretary shall 
require and ensure that individuals who obtain a certification from the 
National Board for Professional Teaching Standards under this section 
continue to teach at a school served by the eligible entity through 
which funding for such certification was obtained as a condition of 
receiving annual compensation increases provided for in this section.
    ``(g) Progress Reports.--
            ``(1) In general.--For every year for which Congress 
        appropriates funds for grants under this section, the Secretary 
        shall provide a report on the progress of the eligible entities 
        receiving grants under this section in meeting applicable 
        progress standards, as determined by the Secretary.
            ``(2) Dissemination.--The Secretary shall disseminate the 
        report described in this subsection to each of the following:
                    ``(A) The Committee on Health, Education, Labor, 
                and Pensions of the Senate.
                    ``(B) The Committee on Education and the Workforce 
                of the House of Representatives.''.
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