Bill Text: CA SB1264 | 2013-2014 | Regular Session | Amended
Bill Title: Student financial aid: Educator Excellence Program loan assumption agreements.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-05-23 - Held in committee and under submission. [SB1264 Detail]
Download: California-2013-SB1264-Amended.html
BILL NUMBER: SB 1264 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 7, 2014
AMENDED IN SENATE APRIL 28, 2014
AMENDED IN SENATE APRIL 2, 2014
INTRODUCED BY Senator Pavley
FEBRUARY 21, 2014
An act to add Article 7.7 (commencing with Section 69630) to
Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code,
relating to student financial aid.
LEGISLATIVE COUNSEL'S DIGEST
SB 1264, as amended, Pavley. Student financial aid: Educator
Excellence Program loan assumption agreements.
Existing law establishes the Assumption Program of Loans for
Education, administered by the Student Aid Commission, under which
any person enrolled in a participating institution of postsecondary
education, or any person who agrees to participate in a teacher
trainee or teacher internship program, is eligible to enter into an
agreement for loan assumption, to be redeemed pursuant to a
prescribed procedure upon becoming employed as a teacher if he or she
satisfies certain conditions.
Existing law requires the applicant to agree, among other things,
to teach full time for at least 4 consecutive academic years or on a
part-time basis the equivalent of 4 consecutive academic years at an
eligible school. Existing law defines "eligible school" to mean,
among other things, a school that is ranked in the lowest 2 deciles
on the Academic Performance Index, a measure of the performance of
schools and school districts.
This bill would establish the Educator Excellence Program under
the administration of the Student Aid Commission. The bill would
require the commission , in coordination with the
Superintendent, to develop procedures for the evaluation
and selection of qualified applicants for participation in the
program. The bill would specify eligibility criteria that
participants in the program would be required to meet.
The bill would authorize the issuance, under that program, of up
to 6,500 agreements for the assumption of student loans in a school
year, of which up to 400 would be for credentialed teachers as
specified, up to a total loan assumption of $11,000 after 4 years of
qualifying service in a school district that has qualified for a
local control funding formula concentration grant, teaching in a
subject area that has been designated by the Superintendent of Public
Instruction as a current or projected shortage
area of teacher shortage . The bill would express the
intent of the Legislature that this program be fully funded
commencing with the Budget Act of 2015.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 7.7 (commencing with Section 69630) is added to
Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code,
to read:
Article 7.7. Educator Excellence Program Loan Assumption
Agreements
69630. (a) The Legislature finds and declares all of the
following:
(1) Entry into the state's teacher preparation programs has been
declining rapidly, even though student enrollments are on the rise
and projected to increase further over the next decade.
(2) The rising costs of higher education, coupled with a shift in
available financial aid from scholarships and grants to loans, make
the availability of financial aid and loan repayment assistance
options an important consideration in a student's decision to pursue
a postsecondary education.
(3) Despite the layoffs that appear to create a surplus of
teachers, teacher shortages continue to exist. Current shortages are
in fields such as special education, mathematics, physical science,
and bilingual education/English language development, as well as in
many high-poverty schools. Through economic conditions, student
preferences, and changes in expectations in the teaching profession,
teacher shortage areas change over time.
(4) Huge educational and financial costs of more than seven
billion dollars ($7,000,000,000) per year nationally are associated
with replacing teachers and leaders who leave schools prematurely.
(5) There is a crisis in the preparation of special education
teachers, who comprise the majority of underprepared teachers. The
most important factor in serving special education students well is
the knowledge and skills of their teachers. Without sufficient
training and certification in the field of special education, costs
increase as other services are added to compensate for inadequate
instruction.
(6) Through the Educator Excellence Program (EEP), the state could
better meet its educational needs by providing the opportunity for
financial assistance to qualified educators who will serve California'
s students in fields with teacher shortages, as determined.
Particularly in the area of special education, this investment will
reap huge benefits in better-served students who will have a much
lower need for remediation and other services, and a lower rate of
grade retention.
(7) In an effort to decrease the achievement gap and support all
students in becoming ready for college and career, California should
provide financial support to qualified persons seeking a specialized
and focused content area master's degree in education or teaching and
National Board Certification to increase the number of highly
qualified and competent teachers teaching in schools with a
concentration of high-needs students.
(8) National Board for Professional Teaching Standards
certification is the most widely recognized certificate of educator
excellence.
(b) It is the intent of the Legislature that the EEP be designed
to accomplish both of the following:
(1) Provide outstanding postsecondary students, particularly
economically disadvantaged students, with financial assistance to
encourage them to complete postsecondary education programs leading
to teaching credentials.
(2) Provide veteran teachers with financial assistance to
encourage them to pursue additional teaching or content area
authorizations and credentials in designated subject matter areas in
which there is a shortage of teachers, a specialized and focused
content area master's degree in an education or teaching subject
matter area other than education administration, or National Board
for Professional Teaching Standards certification. EEP recipients
shall agree to teach in schools with a concentration of high-needs
students, based on the most current study conducted by the CTC under
these provisions.
69630.5. For purposes of this article, "agreement" means an
agreement pursuant to Section 69631 or 69632 committing the state to
assume the loans of a teacher who satisfies the terms specified in
subdivision (h) of Section 69631 and elsewhere in this article.
69631. (a) The Educator Excellence Program (EEP) is hereby
established under the administration of the Student Aid Commission.
The commission shall administer this article, and shall adopt rules
and regulations for this purpose. The rules and regulations shall
include, but need not be limited to, provisions regarding the period
of time during which an agreement shall remain valid, consistent with
subdivisions (b) to (f), inclusive, the reallocation of resources
committed to program participants who fail to satisfy the terms of an
agreement, and the development of projections for funding purposes.
The commission , in coordination with the Superintendent,
shall develop procedures for the evaluation and selection
of qualified applicants for participation in the EEP.
(b) An EEP participant shall meet all of the following eligibility
criteria prior to selection for the program, and shall continue to
meet these criteria, as appropriate, during the payment periods:
(1) For participants enrolled in postsecondary education programs
leading to initial teaching credentials, the applicant has completed
at least 60 semester units, or the equivalent, and is enrolled in an
academic program leading to a baccalaureate degree at an eligible
institution, or has been admitted to a program of professional
preparation that has been approved by the Commission on Teacher
Credentialing.
(2) For participants enrolled in postsecondary education programs
leading to a qualifying master's degree in education or teaching,
National Board for Professional Teaching Standards certification, or
an additional authorization or credential, applicants shall meet
similar requirements consistent with enrollment in these graduate
degree and postcertification programs.
(3) For participants enrolled in postsecondary education programs
leading to initial or additional teaching credentials, the applicant
has agreed to teach full time for at least four consecutive academic
years, or on a part-time basis for the equivalent of four full-time
academic years, in a subject area that is designated as a current or
projected area of teacher shortage by the Superintendent on the date
the teacher is hired by a school district that has qualified for a
local control funding formula concentration grant pursuant to Section
42238.02 at a schoolsite that has a pupil population with a
percentage of unduplicated pupils that is equal to, or greater than,
the school district's unduplicated pupil count taken pursuant to
Section 42238.02.
(4) For participants enrolled in postsecondary education programs
leading to a qualifying master's degree in education or teaching, or
National Board for Professional Teaching Standards certification, the
applicant shall have earned a California professional clear teaching
credential or equivalent credential from another state, be a
practicing educator, and agree to teach full time for at least four
consecutive academic years, or on a part-time basis for the
equivalent of four full-time academic years, in a school district
that has qualified for a local control funding formula concentration
grant pursuant to Section 42238.02 at a schoolsite that has a
pupil population with a percentage of unduplicated pupils that is
equal to, or greater than, the school district's unduplicated
pupil count taken pursuant to Section 42238.02 .
(5) The terms of service for each participant in the EEP are to be
established as of the year the participant enters into the program.
Participants in the EEP must fully and completely
satisfy the academic and certification requirements of the
program within six years of the enrollment date.
(6) The Superintendent is authorized to designate additional
qualifying criteria for participation in the program that he or she
deems pertinent to the purposes of this article.
(c) (1) Except as provided in paragraph (3), if a program
participant fails to complete a minimum of four consecutive school
years of classroom instruction on a full-time basis or the equivalent
on a part-time basis as required by this article, under the terms of
the agreement pursuant to this article, the participant shall retain
full liability for all student loan obligations remaining after the
commission's assumption of loan liability for the last year of
qualifying teaching service pursuant to subdivision (b).
(2) Except as provided in paragraph (3), if a program participant
who is enrolled in a postsecondary educational program leading to a
qualifying master's degree in education or teaching, or National
Board for Professional Teaching Standards certification, fails to
complete a minimum of four consecutive school years of classroom
instruction on a full-time basis as required by this article, under
the terms of the agreement pursuant to this article, the participant
shall fully repay the state all funds awarded to the participant for
loan assumptions resulting from his or her participation in the
program.
(c)
(3) Notwithstanding paragraph (5) of subdivision (b),
if a program participant pursuing an initial credential or added
authorization becomes unable to complete one of the four consecutive
years of teaching service on a full-time basis or the equivalent on a
part-time basis due to serious illness, pregnancy, or other natural
causes, or is called to active military duty status, the participant
shall receive a deferral of the resumption of full liability for the
loan for a period not to exceed one calendar year, unless approved by
the commission for a longer period. The commission shall make no
further payments under the loan assumption agreement until the
applicable teaching requirements specified in subdivision (b) are
again satisfied.
(d) (1) Notwithstanding paragraph (5) of subdivision (b), a
program participant pursuing an initial credential or added
authorization shall receive a deferral of the resumption of full
liability for the loan for a period not to exceed one calendar year,
unless approved by the commission for a longer period, if the
participant becomes unable to complete one of the four consecutive
years of teaching service due to being laid off, reassigned, or other
reasons beyond the control of the participant, as determined by the
commission.
(2) The commission shall make no further payments under the loan
assumption agreement until the applicable teaching requirements
specified in subdivision (b) are again satisfied.
(e) If a program participant pursuing an initial credential or
added authorization fails to redeem an agreement for student loan
assumption within 10 years of the agreement's issuance, the
participant shall retain full liability for all of his or her
remaining student loan obligations.
(f) (1) If a program participant who is enrolled in a
postsecondary education program leading to a qualifying master's
degree in education or teaching, or National Board for Professional
Teaching Standards certification, fails to redeem an agreement for
student loan assumption within six years of the agreement's issuance,
the participant shall fully repay the state all funds awarded to the
participant for loan assumptions resulting from his or her
participation in the program.
(2) (A) Except as provided in subparagraphs (B) and (C), if a
person participating in the program fails to maintain at least
one-half time enrollment, as required by this article, under the
terms of the agreement pursuant to subdivision (b), the loan
assumption agreement shall be invalidated and the participant shall
retain full liability for all of his or her student loan obligations.
This subparagraph shall not apply if the participant is in his or
her final semester or quarter in school and has no additional
coursework required to obtain his or her teaching credential.
(B) Notwithstanding subparagraph (A), if a program participant is
unable to maintain at least one-half time enrollment due to serious
illness, pregnancy, or other natural causes, or is called to active
military duty status, the term of the loan assumption agreement shall
be extended for a period not to exceed one calendar year, unless
approved by the commission for a longer period.
(C) If a natural disaster prevents a program participant from
maintaining at least one-half time enrollment due to the interruption
of instruction at the eligible institution, the term of the loan
assumption agreement shall be extended for a period not to exceed one
calendar year, unless approved by the commission for a longer
period.
(g) For selection to the program, an applicant shall be judged by
his or her postsecondary institution, school district, or county
office of education to have outstanding ability or be deserving of
special consideration on the basis of criteria that may include, but
need not be limited to, any of the following:
(1) Grade point average.
(2) Test scores.
(3) Faculty evaluations.
(4) Interviews.
(5) Other recommendations.
(6) The applicant has received, or is approved to receive, a loan
under one or more of the following designated loan programs:
(A) The Federal Family Education Loan Program (20 U.S.C. Sec. 1071
et seq.).
(B) Any educational loan program approved by the Student Aid
Commission.
(h) An applicant shall agree to teach full time for at least four
consecutive academic years, or on a part-time basis for the
equivalent of four full-time academic years in a school district that
has qualified for a local control funding formula concentration
grant pursuant to Section 42238.02 and at a schoolsite that has a
pupil population with a percentage of unduplicated pupils that is
equal to, or greater than, the districts' unduplicated pupil count
taken pursuant to Section 42238.02, in accordance with any
additional qualifying criteria set forth by the Superintendent
pursuant to paragraph (6) of subdivision (b), after
obtaining a teaching credential in a public elementary or secondary
school in this state, in a subject area that is designated as a
current or projected area of teacher shortage by the Superintendent,
or on the date the teacher is hired at an eligible school.
(i) An agreement shall remain valid even if the subject area under
which an applicant becomes eligible to enter into an agreement
ceases to be a designated area of teacher shortage by the time the
applicant becomes a teacher, or if the schoolsite at which
the applicant is teaching ceases to have a pupil population with a
percentage of unduplicated pupils that is equal to, or greater than,
the school district's unduplicated pupil count taken pursuant to
Section 42238.02, or if any additional qualifying criterion
set forth by the Superintendent pursuant to paragraph (6) of
subdivision (b) is later not satisfied due to causes not within the
participant's responsibility 42238.02 .
(j) For the purposes of calculating eligible years of teaching for
the redemption of an award, the inclusion by the Superintendent of a
school on a list prepared pursuant to this section shall apply
retroactively from the date the school first opened for that school
year.
(k) A person participating in the program pursuant to this section
shall not enter into more than one agreement pursuant to this
article.
(l) A person participating in the program pursuant to this section
shall not owe a refund on any state or federal educational grant or
have defaulted on any student loan.
69632. (a) A credentialed teacher teaching in a school district
that has qualified for a local control funding formula concentration
grant pursuant to Section 42238.02 and at a schoolsite that has a
pupil population with a percentage of unduplicated pupils that is
equal to, or greater than, the unduplicated pupil count of that
school district developed pursuant to Section 42238.02, and
in accordance with any additional qualifying criteria set forth by
the Superintendent pursuant to paragraph (6) of subdivision (b) of
Section 69631, and who possesses a clear multiple subject
or single subject teaching credential or level II education
specialist credential and who has not otherwise participated in the
program established by this article, is eligible to enter into an
agreement for loan assumption pursuant to this article, subject to
applicable provisions of Section 69631.
(b) The number of loan assumption agreements provided pursuant to
this section shall not exceed 400 per year.
(c) On or before January 1, 2016, the Student Aid Commission shall
develop and adopt regulations to implement this section.
69633. (a) The department, in consultation with the Commission on
Teacher Credentialing, shall conduct a thorough study at least every
three years, as determined by the Superintendent, to be included
with the report required in Section 44225.6, to determine priority
areas for EEP loan assumption agreements.
(b) The Superintendent shall convene a working group to establish
program priorities, based on the most current study completed by the
department. Program awards shall be authorized consistent with the
program goals, targeting high-need schools in accordance with current
Assumption Program of Loans for Education program regulations and
governing federal law and regulations including, but not necessarily
limited to, paragraph (6) of subdivision (g) of Section 682.210 of
Title 34 of the Code of Federal Regulations, relating to the targeted
deferment of student loan payments.
(c) The study conducted pursuant to this section shall identify
the areas of greatest need and award
recommend the awarding of EEP loan assumption agreements based
on specific criteria. The study shall include all of the following:
(1) A list of teaching fields that have the most critical
shortages of teachers. The Superintendent shall review this list at
least every three years, and shall revise the list based on the most
current study conducted by the Commission on Teacher Credentialing,
in accordance with subdivision (b). The list of areas of teacher
shortage furnished pursuant to this paragraph shall include the state
special schools as a category separate from special education.
(2) A list of schools that serve a large population of pupils from
low-income families, as designated for purposes of the Federal
Perkins Loan Program, or according to standards that the
Superintendent deems appropriate.
(3) A list of schools with a high percentage of teachers holding
emergency-type permits. The list shall be established according to
criteria determined by the Superintendent.
(4) A list of schools serving rural areas.
(5) A list of the lowest performing and hardest to staff schools.
(6) A list of high-priority schools.
(7) Additional information useful to make determinations
in Other information on schools and populations, as
identified in Sections 2574 and 52060, that can assist in the
determination of priority areas of educational need
and direct new program awards toward those areas of program focus
need .
(d) In the academic years in which the study is completed by the
department, in consultation with the Commission on Teacher
Credentialing, pursuant to subdivision (a), the Superintendent shall
develop priority areas for EEP awards, on or before January 1 of that
academic year, which shall be based on the study findings.
The
(e) The Superintendent shall develop
priority areas for EEP awards at least every three years,
based on the most current study conducted by the Commission on
Teacher Credentialing to determine areas of critical need in the
teaching profession. On or before December 31 of each year, the
Superintendent shall furnish the Student Aid Commission with
information from the study conducted pursuant to subdivision (c). The
Student Aid Commission shall provide program loan forgiveness
awards, based on the most current study conducted by the
Superintendent pursuant to subdivision (c).
69634. The Student Aid Commission shall commence loan assumption
payments, as specified in Section 69635, upon verification that the
applicant is qualified based on the following:
(a) The EEP participant has received a California preliminary
credential, or an equivalent credential from another state,
authorizing service for kindergarten or any of grades 1 to 12,
inclusive, in an area of teacher shortage as determined by the
Superintendent pursuant to Section 69633.
(b) The EEP participant has received a qualifying master's degree
in education or teaching, National Board for Professional Teaching
Standards certification, or an additional teaching credential in an
area of teacher shortage as defined by the Superintendent pursuant to
Section 69631.
(c) The applicant has met the requirements of the agreement and
all other pertinent conditions of this chapter.
69635. (a) The terms of a loan assumption granted under this
article shall be as follows, subject to the specific terms of each
agreement:
(1) After a program participant has completed one school year of
classroom instruction, verified pursuant to Section 69634, the
commission shall assume up to two thousand dollars ($2,000) of the
participant's outstanding liability under one or more of the
designated educational loan programs.
(2) After a program participant has completed two consecutive
school years of instruction, the commission shall assume up to an
additional three thousand dollars ($3,000) of the participant's
outstanding liability under one or more of the designated educational
loan programs, for a total loan assumption of up to five thousand
dollars ($5,000).
(3) After a program participant has completed three consecutive
school years of teaching service, the commission shall assume up to a
maximum of an additional three thousand dollars ($3,000) of the
participant's outstanding liability under one or more of the
designated educational loan programs, for a total loan assumption of
up to eight thousand dollars ($8,000).
(4) After a program participant has completed four consecutive
school years of teaching service, the commission shall assume up to a
maximum of an additional three thousand dollars ($3,000) of the
participant's outstanding liability under one or more of the
designated educational loan programs, for a total loan assumption of
up to eleven thousand dollars ($11,000).
(b) For purposes of this section, "school year" means at least 175
school days or its equivalent.
(c) An applicant who teaches on less than a full-time basis may
participate in the program, but shall not be eligible for loan
repayment until that person teaches for the equivalent of a full-time
academic year.
69636. (a) The Superintendent shall develop priority areas for
EEP awards at least every three years, as determined by the
Superintendent, based on the most current study conducted by the
Commission on Teacher Credentialing to determine areas of critical
need in the teaching profession. The State Department of Education
shall solicit the advice of representatives from postsecondary
education institutions, the Commission on Teacher Credentialing,
school districts, and county offices of education regarding proposed
rules and regulations.
(b) On or before December 31 of each year, the Superintendent
shall furnish the Student Aid Commission with all of the following:
(1) A list of teaching fields that have the most critical
shortages of teachers. The Superintendent shall review this list
annually, and shall revise the list as he or she deems necessary. The
list of areas of teacher shortage furnished pursuant to this
paragraph shall include the state special schools as a category
separate from special education.
(2) A list of schools that serve a large population of pupils from
low-income families, as designated for purposes of the Perkins Loan
Program, or according to standards the Superintendent deems
appropriate.
(3) A list of schools with a high percentage of teachers holding
emergency-type permits. The list shall be established according to
criteria determined by the Superintendent.
(4) A list of schools serving rural areas. The list shall be
established according to standards deemed appropriate by the
Superintendent.
(5) A list of schools that have a pupil population with a
percentage of unduplicated pupils that is equal to, or greater than,
the unduplicated pupil count of the applicable school district taken
pursuant to Section 42238.02.
(6) A list of high priority schools.
(7) Other information on schools and populations, as identified in
Sections 2574 and 52060, to make determinations in areas of
educational need and direct new program awards at those areas of
program focus.
69637. 69636. (a) For the EEP, the
Student Aid Commission shall report annually to the Governor and the
Legislature regarding all of the following, on the basis of sex, age,
and ethnicity:
(1) The total number of program participants.
(2) The number of agreements entered into with juniors, seniors,
students enrolled in teacher training programs, and current teachers
who enroll in qualifying master's degree in education or teaching or
National Board for Professional Teaching Standards certification
programs.
(3) The number of participants who agree to teach in an area of
teacher shortage.
(4) The number of participants who agree to teach in schools with
a high ratio of pupils from low-income families and in schools that
have been designated as the lowest performing or hardest to staff.
(5) The number of participants who agree to teach in schools
serving rural areas.
(6) The number of participants who receive a loan assumption
benefit, classified by payment year.
(7) The number of out-of-state teachers who enter into agreements.
(8) The number of participants who have participated in teacher
internship programs, classified by school district or county office
of education.
(9) The
number of participants who agree to teach in schools with a high
percentage of students with disabilities or language minority
students.
(b) The Superintendent shall use the data reported pursuant to
subdivision (a) , and other information and factors,
in meeting the requirements of Section 69636
69633 .
69638. 69637. (a) The Student Aid
Commission shall solicit the advice of representatives from
postsecondary education institutions, the department, the Commission
on Teacher Credentialing, school districts, and county offices of
education regarding proposed rules and regulations.
(b) (1) The Student Aid Commission shall distribute program
information and student applications to participate in the loan
assumption program to each eligible institution and to each school
district or county office of education operating a district intern
program pursuant to Section 44381. Each eligible institution shall
receive at least one allocation, and the remainder shall be
distributed to eligible institutions proportionate to the number of
teaching candidates from each institution who completed the
coursework required for a teaching credential based on the most
recent data available from the Commission on Teacher Credentialing.
(2) The Student Aid Commission shall reexamine its outreach and
marketing strategies to inform both potential undergraduates and
persons employed outside of academia about the availability and
benefits of the loan assumption program. To this end, the commission
shall enlist the advice and support of the California Center for the
Teaching Profession, the University of California, the California
State University, the Association of Independent California Colleges
and Universities, and private employers and their associations
throughout the state.
(c) Each eligible institution, school district, and county office
of education shall sign an institutional agreement with the Student
Aid Commission, certifying its intent to administer the loan
assumption program according to all applicable published rules,
regulations, and guidelines, and to make special efforts to notify
students regarding the availability of the program, particularly
economically disadvantaged students.
(d) To the extent feasible, each eligible institution shall
coordinate the loan assumption program with other programs designed
to recruit students to enter the teaching profession.
69638.5. 69637.5. For each school
year, the Student Aid Commission shall enter into agreements for the
assumption of up to 6,500 student loans for program participants
eligible under this article.
69638.7. 69637.7. It is the intent
of the Legislature that the Educator Excellence Program be fully
funded commencing with the Budget Act of 2015. Notwithstanding any
other law, in any fiscal year, the Student Aid Commission shall award
no more than the number of loan assumption agreements that are
authorized by the Governor and the Legislature in the annual Budget
Act for that year for the assumption of loans pursuant to this
article.
