MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Education; Appropriations

By: Senator(s) Ferris

Senate Bill 2531

(As Passed the Senate)

AN ACT TO AMEND SECTION 37-143-11, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT WILLIAM WINTER TEACHER SCHOLAR PROGRAM GRADUATES WHO CONTRACT TO TEACH IN CRITICAL NEED AREAS SHALL BE ELIGIBLE FOR DISCHARGE OF OBLIGATION ON A TWO-FOR-ONE BASIS, SHALL BE ELIGIBLE FOR A TEACHING STIPEND FOR A TWO-YEAR PERIOD, AND SHALL BE ELIGIBLE TO PARTICIPATE IN THE GRADUATE TEACHER SUMMER LOAN/SCHOLARSHIP PROGRAM; TO ESTABLISH A "TEACHER EDUCATION FOR CRITICAL AREAS (TECA) SCHOLAR LOAN PROGRAM" TO BE ADMINISTERED BY THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING FOR TEACHER EDUCATION STUDENTS AND GRADUATES WHO CONTRACT TO TEACH IN CRITICAL NEED GEOGRAPHIC AREAS, TO PROVIDE CERTAIN CRITERIA FOR PARTICIPATION IN THE PROGRAM, TO PROVIDE THAT TECA PROGRAM GRADUATES SHALL BE ELIGIBLE FOR DISCHARGE OF OBLIGATION ON A ONE-FOR-ONE BASIS, TO PROVIDE TEACHING STIPENDS FOR PARTICIPANTS BASED ON HIGH SCHOOL GRADE POINT AVERAGE AND ACT SCORES, TO PROVIDE FOR CONVERSION OF TECA EDUCATION LOANS INTO SCHOLARSHIPS, TO PROVIDE REMEDIES TO THE STATE IN THE EVENT OF DEFAULT AND TO REQUIRE CERTAIN REPORTS BY THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 37-143-11, Mississippi Code of 1972, is amended as follows:

37-143-11. (1) The Legislature finds that there exists a critical shortage of teachers in many areas and communities in Mississippi. It is hereby declared to be the intention of the Legislature to attract and retain qualified teachers by awarding incentive loans to persons declaring an intention to serve in the teaching field and who actually render service to the state while possessing a regular teaching certificate with an appropriate major or subject area of concentration.

(2) There is hereby established the "William F. Winter Teacher Scholar Loan Program."

(3) To the extent of appropriations available, students who are enrolled in any baccalaureate degree-granting institution of higher learning in the State of Mississippi accredited by the Southern Association of Colleges and Schools and approved by the Mississippi Commission on College Accreditation, or any accredited nonprofit community or junior college, and who have expressed in writing a present intention to teach in (a) a critical teacher shortage area or subject area of concentration or (b) a critical teacher shortage geographic section of the state, shall be eligible for student loans to be applied to the costs of their college education. Persons who have been admitted to a teacher education program or subject areas of concentration as approved by the State Board of Education shall also qualify for loans at approved institutions.

(4) A freshman establishing initial eligibility shall be eligible for a maximum of four (4) annual loans and a senior shall be eligible for one (1) annual loan.

(5) Except as otherwise provided in subsection (7), the maximum annual loan shall be set by the Board of Trustees of State Institutions of Higher Learning at an amount not to exceed the cost of attendance at any baccalaureate degree-granting institution of higher learning in the State of Mississippi.

(6) Except as otherwise provided in subsection (7), the loans of persons who actually render service as certified teachers in (a) a critical teacher shortage area or subject area of concentration or (b) a critical teacher shortage geographic section of the state, as approved by the State Board of Education in Mississippi designated by the State Board of Education for a major portion of the school day for at least seventy-eight (78) school days during each of eight (8) school semesters of the ten (10) immediately after obtaining a baccalaureate degree, shall be converted to interest-free scholarships. Conversion shall be based on two (2) semesters of service for each year a loan was received.

(7) Beginning July 1, 1998, any William Winter Teacher Scholar program graduate who signs a contract with a public school district in a critical teacher shortage geographic area as identified by the State Department of Education shall be eligible for the following:

(a) Discharge of obligation on the basis of two (2) years' loan/scholarship forgiveness for one (1) year's teaching service.

(b) Teaching stipend of One Thousand Dollars ($1,000.00) disbursed at the end of each semester of completed teaching service for a total of Two Thousand Dollars ($2,000.00) per year and limited to two (2) years' participation.

(c) Participation in the Graduate Teacher Summer Loan/Scholarship program established by the Board of Trustees of State Institutions of Higher Learning beginning with the summer succeeding the date on which the graduate has received a baccalaureate degree if the graduate meets all other eligibility requirements of the Graduate Teacher Summer Loan/Scholarship program. Payment under the Graduate Teacher Summer Loan/Scholarship program for graduate hours would be allowed based on the following enrollment schedule:

First summer 6 hours = 6 hours

Fall and spring 6 hours = 12 hours

Second summer 12 hours = 24 hours

Fall and spring 6 hours = 30 hours

Third summer Complete Masters

The programs authorized under this subsection (7) shall be subject to specific appropriation therefor by the Legislature.

(8) Persons failing to complete an appropriate program of study shall immediately become liable to the Board of Trustees of State Institutions of Higher Learning for the sum of all outstanding loans, except in the case of a deferral of debt for cause by the board, after which period of deferral, study may be resumed. Persons failing to meet teaching requirements in any required semester shall immediately be in breach of contract and become liable to the board for the amount of the corresponding loan received, with interest accruing at the current Stafford Loan rate at the time the breach occurs, except in the case of a deferral of debt for cause by the board, after which period of deferral, teaching duties required hereunder will be resumed. If the claim for payment of such loan is placed in the hands of an attorney for collection after default, then the obligor shall be liable for an additional amount equal to a reasonable attorney's fee.

(9) A loan made pursuant to this section shall not be voidable by reason of the age of the borrower at the time of receiving the loan.

(10) Failure to repay any loan and interest that becomes due shall be cause for the revocation of a person's teaching certificate by the State Department of Education.

(11) All monies repaid to the Board of Trustees of State Institutions of Higher Learning hereunder shall be added to the appropriations made for purposes of this section, and said appropriations shall not lapse.

(12) The Board of Trustees of State Institutions of Higher Learning with the concurrence of the State Board of Education shall jointly promulgate regulations necessary for the proper administration of this section.

(13) If insufficient funds are available for requested loans to a qualified student during any fiscal year, the Board of Trustees of State Institutions of Higher Learning shall make pro rata reductions in the loans made to qualifying applicants. Priority consideration shall be given to persons receiving previous loans and participating in the program.

(14) The Board of Trustees of State Institutions of Higher Learning shall make an annual report to the Legislature. Each said report shall contain a complete enumeration of the board's activities, loans or scholarships granted, names of persons to whom granted and the institutions attended by those receiving the same, the teaching location of applicants who have received their education and become certified teachers within this state as a result of said loans and/or scholarships. The board shall make a full report and account of receipts and expenditures for salaries and expenses incurred under the provisions of this section. The board shall, upon its records and any published reports, distinguish between those recipients who have breached their contracts but with the board's permission who have paid their financial obligations in full, and those recipients who have breached their contracts and remain financially indebted to the state.

SECTION 2. (1) There is hereby established the "Teacher Education for Critical Areas (TECA) Scholar Loan Program."

(2) To the extent of appropriations available, students who are enrolled in any baccalaureate degree-granting institution of higher learning in the State of Mississippi accredited by the Southern Association of Colleges and Schools and approved by the Mississippi Commission on College Accreditation, or any accredited nonprofit community or junior college, and who have expressed in writing a present intention to teach in a public school district located in a critical teacher shortage geographic area as identified by the State Department of Education shall be eligible for student loans to be applied to the costs of their college education and stipends as provided in subsection (4) who have been admitted to a teacher education program as approved by the State Board of Education shall also qualify for loans at approved institutions and stipends as provided in subsection (4).

(3) A freshman establishing initial eligibility shall be eligible for a maximum of four (4) annual loans and a senior shall be eligible for one (1) annual loan. The maximum annual loan shall be set by the Board of Trustees of State Institutions of Higher Learning at an amount not to exceed the cost of attendance at any baccalaureate degree-granting institution of higher learning in the State of Mississippi.

(4) Any TECA graduate who signs a contract with a public school district located in such a critical teacher shortage geographic area shall be eligible for the following:

(a) Discharge of obligation on the basis of one (1) year's loan/scholarship forgiveness for one (1) year's teaching service.

(b) For a graduate with at least a 2.5 high school grade point average who scored between 18-20 on the ACT, a teaching stipend of Four Thousand Dollars ($4,000.00) disbursed at the end of each year of completed teaching service and limited to two (2) years' participation.

(c) For a graduate with at least a 2.5 high school grade point average who scored 21 or above on the ACT, a teaching stipend of Five Thousand Dollars ($5,000.00) disbursed at the end of each year of completed teaching service and limited to two (2) years' participation.

The programs authorized under this subsection (4) shall be subject to specific appropriation therefor by the Legislature.

(5) The loans of persons who actually render service as certified teachers in such a critical teacher shortage geographic area for a major portion of the school day for at least seventy-eight (78) school days during each of four (4) school semesters of the six (6) immediately after obtaining a baccalaureate degree, shall be converted to interest-free scholarships. Conversion shall be based on two (2) semesters of service for each year a loan was received. Provided, however, that participants with an ACT score of 21 or above who render service in a Mississippi public school district located outside of the critical teacher shortage geographic area shall be eligible for loan conversion under this subsection (5) but shall not be eligible for the stipend under subsection (4).

(6) Persons failing to complete an appropriate program of study shall immediately become liable to the Board of Trustees of State Institutions of Higher Learning for the sum of all outstanding loans, except in the case of a deferral of debt for cause by the board, after which period of deferral, study may be resumed. Persons failing to meet teaching requirements in any required semester shall immediately be in breach of contract and become liable to the board for the amount of the corresponding loan received, with interest accruing at the current Stafford Loan rate at the time the breach occurs, except in the case of a deferral of debt for cause by the board, after which period of deferral, teaching duties required hereunder will be resumed. If the claim for payment of such loan is placed in the hands of an attorney for collection after default, then the obligor shall be liable for an additional amount equal to a reasonable attorney's fee.

(7) A loan made pursuant to this section shall not be voidable by reason of the age of the borrower at the time of receiving the loan.

(8) Failure to repay any loan and interest that becomes due shall be cause for the revocation of a person's teaching certificate by the State Department of Education.

(9) All monies repaid to the Board of Trustees of State Institutions of Higher Learning hereunder shall be added to the appropriations made for purposes of this section, and said appropriations shall not lapse.

(10) The Board of Trustees of State Institutions of Higher Learning with the concurrence of the State Board of Education shall jointly promulgate regulations necessary for the proper administration of this section.

(11) If insufficient funds are available for requested loans to a qualified student during any fiscal year, the Board of Trustees of State Institutions of Higher Learning shall make pro rata reductions in the loans made to qualifying applicants. Priority consideration shall be given to persons receiving previous loans and participating in the program.

(12) The Board of Trustees of State Institutions of Higher Learning shall make an annual report to the Legislature. Each said report shall contain a complete enumeration of the board's activities, loans or scholarships granted, names of persons to whom granted and the institutions attended by those receiving the same, the teaching location of applicants who have received their education and become certified teachers within this state as a result of said loans and/or scholarships. The board shall make a full report and account of receipts and expenditures for salaries and expenses incurred under the provisions of this section. The board shall, upon its records and any published reports, distinguish between those recipients who have breached their contracts but with the board's permission who have paid their financial obligations in full, and those recipients who have breached their contracts and remain financially indebted to the state.

SECTION 3. This act shall take effect and be in force from and after July 1, 1998.