To amend the Higher Education Act of 1965 to extend loan forgiveness for certain loans to certified or licensed teachers, to provide for grants that promote teacher certification and licensing, and for other purposes.

January 28, 2003

Mrs. FEINSTEIN (for herself and Mr. REID) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

To amend the Higher Education Act of 1965 to extend loan forgiveness for certain loans to certified or licensed teachers, to provide for grants that promote teacher certification and licensing, 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 section may be cited as the `Loan Forgiveness for Certified Teachers Act of 2003'.

SEC. 2. FINDINGS.

Congress finds that--

(1) effective elementary schools and secondary schools require competent teachers and strong leadership;

(2) local educational agencies would benefit greatly by increasing the pool of qualified individuals from which to recruit teachers;

(3) many talented professionals who have demonstrated a high level of subject matter knowledge outside the education profession may wish to pursue careers in education, but have not fulfilled the requirements to be certified or licensed as teachers; and

(4) loan forgiveness programs and other programs that encourage such professionals and other interested persons to become certified or licensed teachers would allow local educational agencies to utilize the expertise of such professionals and interested persons, and improve the pool of qualified individuals available to local educational agencies.

SEC. 3. PURPOSE.

The purpose of this Act is to improve the supply of well-qualified elementary school and secondary school teachers by encouraging and assisting interested persons in completing the teacher certification or licensing requirements in their States.

SEC. 4. LOAN FORGIVENESS FOR CERTIFIED TEACHERS.

(a) FEDERAL FAMILY EDUCATION LOAN FORGIVENESS- Section 428J of the Higher Education Act of 1965 (20 U.S.C. 1078-10) is amended--

(1) in subsection (b), by striking paragraphs (1) and (2) and inserting the following:

`(1)(A)(i) has been employed as a full-time teacher for 5 consecutive complete school years in a school that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such a school; and

`(ii)(I) if employed as a secondary school teacher, is teaching a subject that is relevant to the borrower's academic major, as certified by the chief administrative officer of the public or nonprofit private secondary school in which the borrower is employed; and

`(II) if employed as an elementary school teacher, has demonstrated, as certified by the chief administrative officer of the public or nonprofit private elementary school in which the borrower is employed, knowledge and teaching skills in reading, writing, mathematics, and other areas of the elementary school curriculum; and

`(B) is not in default on the loan for which the borrower seeks forgiveness; or

`(2) not later than September 1, 2006--

`(A)(i) has been employed as a full-time teacher for 5 consecutive complete school years in a school that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such a school;

`(ii)(I) if employed as a secondary school teacher, meets the standards described in section 9101(23)(B)(ii) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(23)(B)(ii)); and

`(II) if employed as an elementary school teacher, meets the standards described in section 9101(23)(B)(i) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(23)(B)(i)); and

`(iii) meets the standards described in section 9101(23)(A) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(23)(A)), or has obtained a 5th year teacher certificate (or the equivalent); and

`(B) is not in default on the loan for which the borrower seeks forgiveness.';

(2) in subsection (c)(1)--

(A) by striking `$5,000' and inserting `$5,000 (for a borrower described in subsection (b)(1)) or $10,000 (for a borrower described in subsection (b)(2))'; and

(B) by striking `(b)(1)' and inserting `(b)';

(3) in subsection (g)(1)(A)--

(A) by striking `Any teacher' and inserting `Subject to subsection (j), any teacher'; and

(B) by striking `subsection (b)(1)(A)' and inserting `paragraph (1)(A)(i) or (2)(A)(i) of subsection (b)'; and

(4) by adding at the end the following:

`(i) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as may be necessary for fiscal years 2004 through 2006 to carry out loan repayment under this section for borrowers described in subsection (b)(2).

`(j) TERMINATION OF AUTHORITY- The authority provided by subsection (b)(2) terminates effective October 1, 2006.'.

(b) DIRECT STUDENT LOAN CANCELLATION- Section 460 of the Higher Education Act of 1965 (20 U.S.C. 1087j) is amended--

(1) in subsection (b)(1), by striking subparagraphs (A) and (B) and inserting the following:

`(A)(i)(I) has been employed as a full-time teacher for 5 consecutive complete school years in a school that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such a school; and

`(II)(aa) if employed as a secondary school teacher, is teaching a subject that is relevant to the borrower's academic major, as certified by the chief administrative officer of the public or nonprofit private secondary school in which the borrower is employed; and

`(bb) if employed as an elementary school teacher, has demonstrated, as certified by the chief administrative officer of the public or nonprofit private elementary school in which the borrower is employed, knowledge and teaching skills in reading, writing, mathematics, and other areas of the elementary school curriculum; and

`(ii) is not in default on the loan for which the borrower seeks forgiveness; or

`(B) not later than September 1, 2006--

`(i)(I) has been employed as a full-time teacher for 5 consecutive complete school years in a school that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such a school;

`(II)(aa) if employed as a secondary school teacher, meets the standards described in section 9101(23)(B)(ii) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(23)(B)(ii)); and

`(bb) if employed as an elementary school teacher, meets the standards described in section 9101(23)(B)(i) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(23)(B)(i)); and

`(III) meets the standards described in section 9101(23)(A) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(23)(A)), or has obtained a 5th year teacher certificate (or the equivalent); and

`(ii) is not in default on the loan for which the borrower seeks forgiveness.';

(2) in subsection (c)(1)--

(A) by striking `$5,000' and inserting `$5,000 (for a borrower described in subsection (b)(1)(A)) or $10,000 (for a borrower described in subsection (b)(1)(B))'; and

(B) by striking `(b)(1)(A)' and inserting `(b)(1)';

(3) in subsection (g)(1)(A)--

(A) by striking `Any teacher' and inserting `Subject to subsection (j), any teacher'; and

(B) by striking `subsection (b)(1)(A)' and inserting `subparagraph (A)(i)(I) or (B)(i)(I) of subsection (b)(1)'; and

(4) by adding at the end the following:

`(i) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as may be necessary for fiscal years 2004 through 2006 to carry out loan repayment under this section for borrowers described in subsection (b)(1)(B).

`(j) TERMINATION OF AUTHORITY- The authority provided by subsection (b)(1)(B) terminates effective October 1, 2006.'.

(c) NO INTERFERENCE WITH EXISTING PROVISIONS- The Secretary of Education shall ensure that the implementation of the amendments made by this section shall not interfere with, and shall be coordinated with, the implementation of student loan forgiveness provisions administered by the States and in existence on the date of enactment of this Act.

SEC. 5. GRANTS TO PROMOTE TEACHER CERTIFICATION AND LICENSING.

Title II of the Higher Education Act of 1965 (20 U.S.C. 1021 et seq.) is amended by adding at the end the following:

`PART C--PROMOTING TEACHER CERTIFICATION AND LICENSING

`SEC. 231. GRANTS.

`The Secretary may make grants to institutions of higher education to enable the institutions to carry out programs, projects, and activities to encourage professionals and other interested persons to become certified or licensed teachers.

`SEC. 232. APPLICATIONS.

`(a) IN GENERAL- An institution of higher education desiring to receive a grant under this part shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require.

`(b) REQUIREMENTS- The application shall contain--

`(1) a description of the programs, projects, and activities to be undertaken by the institution with funds made available through the grant; and

`(2) such assurances as the Secretary considers to be necessary, including assurances that--

`(A) funds made available to the institution under this part will be used to develop appropriate curricula and support programs for students entering teacher preparation programs that lead to a teaching certificate or license; and

`(B) the institution will submit to the Secretary, at such time as the Secretary may specify, a final report describing the programs, projects, and activities carried out with the funds, and the results achieved through the programs, projects, and activities.

`(c) PREFERENCE- In awarding grants under this part, the Secretary shall give preference to an institution that submits an application containing a plan to develop appropriate curricula and support programs to address the needs of underserved communities (as such needs are determined by the State educational agency in the State in which the institution is located, in conjunction with the institution).

`SEC. 233. USE OF FUNDS.

`(a) PERMITTED USES- An institution of higher education that receives a grant under this part may use the funds made available through the grant for programs, projects, and activities to develop and implement new, or expand and improve existing, programs that enable individuals to make progress toward meeting teacher certification or licensing requirements, including--

`(1) developing appropriate curricula and support programs for students entering teacher certification or licensing programs;

`(2) developing recruitment strategies necessary to encourage more individuals to become certified or licensed teachers; and

`(3) carrying out other appropriate programs, projects, and activities designed to meet the objectives of this part.

`(b) PROHIBITED USES- The institution may not use the funds made available through the grant for construction.

`SEC. 234. NOTIFICATION REQUIREMENT.

`(a) STATE EDUCATIONAL AGENCIES AND LOCAL EDUCATIONAL AGENCIES-

`(1) STATE EDUCATIONAL AGENCIES- Each institution receiving a grant under this part shall provide notice of the programs, projects, and activities funded with such grant to the State educational agency in the State in which the institution is located.

`(2) LOCAL EDUCATIONAL AGENCIES- Each State educational agency receiving the notification described in paragraph (1) shall transmit the information received in such notification to the appropriate local educational agencies.

`(b) STUDENTS- Each institution receiving a grant under this part shall provide notice of the programs, projects, and activities funded with such grant to the students of such institution.

`SEC. 235. AUTHORIZATION OF APPROPRIATIONS.

`There are authorized to be appropriated to carry out this part such sums as may be necessary for each of fiscal years 2004 through 2008.'.

END