MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Education
By: Representatives Shanks, McLean
AN ACT TO REENACT SECTIONS 37-159-1, 37-159-5, 37-159-7, 37-159-9, 37-159-11, 37-159-13 AND 37-159-17, MISSISSIPPI CODE OF 1972, WHICH CONSTITUTE THE MISSISSIPPI CRITICAL TEACHER SHORTAGE ACT OF 1998 AND INCLUDE THE UNIVERSITY ASSISTED TEACHER RECRUITMENT AND RETENTION GRANT PROGRAM, THE MISSISSIPPI EMPLOYER-ASSISTED HOUSING TEACHER PROGRAM, AND A PILOT PROGRAM TO PROVIDE FOR THE CONSTRUCTION OF RENTAL HOUSING FOR TEACHERS IN WEST TALLAHATCHIE SCHOOL DISTRICT; TO AMEND SECTION 37-159-19, MISSISSIPPI CODE OF 1972, TO EXTEND THE DATE OF THE REPEALER ON THE MISSISSIPPI CRITICAL TEACHER SHORTAGE ACT OF 1998; TO AMEND SECTION 37-106-36, MISSISSIPPI CODE OF 1972, TO REVISE PROVISIONS OF THE "WILLIAM F. WINTER AND JACK REED, SR., TEACHER LOAN REPAYMENT PROGRAM" FOR THE PURPOSE OF ALLOWING INDIVIDUALS PURSUING AN ALTERNATE ROUTE LICENSURE PATHWAY TO BECOME ELIGIBLE TO RECEIVE FINANCIAL ASSISTANCE UNDER THE PROGRAM; TO REMOVE THE CAP ON THE NUMBER OF APPLICANTS ELIGIBLE TO RECEIVE ASSISTANCE UNDER THE PROGRAM IN ANY FISCAL YEAR; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-159-1, Mississippi Code of 1972, is reenacted as follows:
37-159-1. Sections 37-159-1 through 37-159-19 shall be known and may be cited as the "Mississippi Critical Teacher Shortage Act of 1998."
SECTION 2. Section 37-159-5, Mississippi Code of 1972, is reenacted as follows:
37-159-5. The State Board of Education shall prescribe rules and regulations which, subject to available appropriations, allow for reimbursement to the state licensed teachers, from both in state and out of state, who enter into a contract for employment in a school district situated within a geographical area of the state where there exists a critical shortage of teachers, as designated by the State Board of Education, for the expense of moving when the employment necessitates the relocation of the teacher to a different geographical area than that in which the teacher resides before entering into such contract. In order to be eligible for the reimbursement, the teacher must apply to the local district and the district must obtain the prior approval from the department for reimbursement before the relocation occurs. If the reimbursement is approved, the department shall provide funds to the school district to reimburse the teacher an amount not to exceed One Thousand Dollars ($1,000.00) for the documented actual expenses incurred in the course of relocating, including the expense of any professional moving company or persons employed to assist with the move, rented moving vehicles or equipment, mileage in the amount authorized for state employees under Section 25-3-41 if the teacher used his personal vehicle or vehicles for the move, meals and such other expenses associated with the relocation in accordance with the department's established rules and regulations. No teacher may be reimbursed for moving expenses under this section on more than one (1) occasion.
Nothing in this section shall be construed to require the actual residence to which the teacher relocates to be within the boundaries of the school district which has executed a contract for employment with the teacher or within the boundaries of the area designated by the State Board of Education as the critical teacher shortage area in order for the teacher to be eligible for reimbursement for his moving expenses. However, teachers must relocate within the boundaries of the State of Mississippi.
SECTION 3. Section 37-159-7, Mississippi Code of 1972, is reenacted as follows:
37-159-7. The school board of any school district situated within a geographical area of the state where there exists a critical shortage of teachers, as designated by the State Board of Education, in its discretion, may reimburse persons who interview for employment as a licensed teacher with the district for the mileage and other actual expenses incurred in the course of travel to and from the interview by such persons at the rate authorized for county and municipal employees under Section 25-3-41. Any reimbursement by a school board under this section shall be paid from funds other than adequate education program funds.
SECTION 4. Section 37-159-9, Mississippi Code of 1972, is reenacted as follows:
37-159-9. (1) There is established the University Assisted Teacher Recruitment and Retention Grant Program within the State Department of Education. The purposes of the program shall be to attract additional qualified teachers to those geographical areas of the state where there exists a critical shortage of teachers and to retain the qualified teachers already serving as licensed teachers in geographical critical teacher shortage areas by making available scholarships to persons working towards a Master of Education degree or an Educational Specialist degree at an institution of higher learning whose teacher education program is approved by the State Board of Education.
(2) Any institution of higher learning in the State of Mississippi which offers a Master of Education degree or an Educational Specialist degree may apply to the department for participation in the program. As part of the program, participating institutions shall collaborate with the Mississippi Teacher Center to identify, recruit and place teacher education graduates, from both within the state and out of state, in school districts situated within those areas of the state where there exists a critical shortage of teachers, as designated by the State Board of Education.
(3) The State Department of Education shall provide funds to participating institutions of higher learning for the purpose of awarding scholarships to qualified persons pursuing a Master of Education degree or an Educational Specialist degree at such institutions while rendering service to the state as a licensed teacher in a school district in a geographical area of the state where there exists a critical shortage of teachers, as approved by the State Board of Education. The financial scholarship shall be applied to the total cost for tuition, books, materials and fees at the institution in which the student is enrolled, not to exceed an amount equal to the highest total cost of tuition, books, materials and fees assessed by a state institution of higher learning during that school year. Teachers who relocate within Mississippi from out of state in order to participate in the program shall be classified as residents of the state for tuition purposes.
(4) Students awarded financial scholarships under the University Assisted Teacher Recruitment and Retention Grant Program may receive such awards for a maximum of four (4) school years; however, the maximum number of awards which may be made shall not exceed the length of time required to complete the number of academic hours necessary to obtain a Master of Education degree or an Educational Specialist degree. Financial scholarships under the program shall not be based upon an applicant's eligibility for financial aid.
(5) Persons relocating to a geographical area of the state where there exists a critical shortage of teachers, as approved by the State Board of Education, to participate in the University Assisted Teacher Recruitment and Retention Grant Program shall be eligible for reimbursement for their moving expenses to the critical teacher shortage area from the State Board of Education. The State Board of Education shall promulgate rules and regulations necessary for the administration of the relocation expense reimbursement component of the University Assisted Teacher Recruitment and Retention Grant Program.
(6) Subject to the availability of funds, the State Board of Education may provide for professional development and support services as may be necessary for the retention of teachers participating in the program in those geographical areas of the state where there exists a critical shortage of teachers.
(7) Any person participating in the program who fails to complete a program of study that will enable that person to obtain a Master of Education degree or Educational Specialist degree shall become liable immediately to the State Board of Education for the sum of all awards made to that person under the program, plus interest accruing at the current Stafford Loan rate at the time the person abrogates his participation in the program.
(8) As a condition for participation in the program, a teacher shall agree to employment as a licensed teacher in a school district located in a geographical area of the state where there exists a critical shortage of teachers, as designated by the State Board of Education, for a period of not less than three (3) years, which shall include those years of service rendered while obtaining the Master of Education degree or Educational Specialist degree. However, for any person who obtained a Baccalaureate degree in education with a financial scholarship under the Critical Needs Teacher Scholarship Program and who entered the University Assisted Teacher Recruitment and Retention Grant Program before rendering service as a teacher, the period of employment for the purposes of this subsection shall be two (2) years, in addition to the employment commitment required under the Critical Needs Teacher Scholarship Program. Service rendered by a participant as a licensed teacher in a school district in a geographical critical teacher shortage area before that teacher becomes a participant in the program may not be considered to fulfill the employment commitment required under this subsection. Any person failing to comply with this employment commitment in any required school year shall immediately be in breach of contract and become liable immediately to the State Department of Education for the sum of all scholarships awarded and relocation expenses granted to that person, less one-third (1/3) of the amount of that sum for each year that service was rendered, or for those persons whose required period of employment is two (2) years, less one-half (1/2) of the amount of that sum for each year that service was rendered, plus interest accruing at the current Stafford Loan rate at the time the breach occurs, except in the case of a deferral for cause by the State Board of Education when there is no employment position immediately available upon the teacher's obtaining of the Master of Education degree or Educational Specialist degree. After the period of such deferral, the person shall begin or resume the required teaching duties or shall become liable to the board under this subsection. If a claim for repayment under this subsection 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) All funds received by the State Department of Education from the repayment of scholarship awards and relocation expenses by program participants shall be deposited in the Mississippi Critical Teacher Shortage Fund.
(10) The State Board of Education shall promulgate rules and regulations necessary for the proper administration of the University Assisted Teacher Recruitment and Retention Grant Program.
SECTION 5. Section 37-159-11, Mississippi Code of 1972, is reenacted as follows:
37-159-11. (1) There is established the Mississippi Employer-Assisted Housing Teacher Program, which shall be a special home loan program for eligible licensed teachers who render service to the state in a geographical area of the state where there exists a critical shortage of teachers, as designated by the State Board of Education. The home loan program shall be administered by the State Department of Education. The department may contract with one or more public or private entities to provide assistance in implementing and administering the program. The State Board of Education shall adopt rules and regulations regarding the implementation and administration of the program.
(2) Participation in the loan program shall be available to any licensed teacher who renders service in a geographical area of the state where there exists a critical shortage of teachers, as designated by the State Board of Education. Any person who receives a loan under the program shall be required to purchase a house and reside in a county in which the school district for which the teacher is rendering service, or any portion of the school district, is located. The maximum amount of a loan that may be made under the program to any person shall be Six Thousand Dollars ($6,000.00).
(3) Any loan made under the program to a person who actually renders service as a teacher in a geographical area of the state where there exists a critical shortage of teachers, as designated by the State Board of Education, shall be converted to an interest-free grant on the basis of one (1) year's service for one-third (1/3) of the amount of the loan. Any person who does not render three (3) years' service as a teacher in a geographical area of the state where there exists a critical shortage of teachers, as designated by the State Board of Education, shall be liable to the State Department of Education for one-third (1/3) of the amount of the loan for each year that he does not render such service, plus interest accruing at the current Stafford Loan rate at the time the person discontinues his service. If a claim for repayment under this subsection is placed in the hands of an attorney for collection, the obligor shall be liable for an additional amount equal to a reasonable attorney's fee.
(4) All funds received by the State Department of Education as repayment of loans by program participants shall be deposited in the Mississippi Critical Teacher Shortage Fund.
SECTION 6. Section 37-159-13, Mississippi Code of 1972, is reenacted as follows:
37-159-13. (1) There is established a pilot program to provide for the construction of rental housing units for teachers in the West Tallahatchie School District, which pilot program shall be administered by the State Department of Education. The department may contract with one or more public or private entities to provide assistance in implementing and administering the program. The State Board of Education shall adopt rules and regulations regarding the implementation and administration of the program.
(2) The West Tallahatchie School District shall receive proposals from developers for the construction of the rental housing units, and submit its recommendation to the State Department of Education about which developer should construct the units. The department shall make the final determination about the developer that will construct the units.
(3) After selection of the developer, the department shall loan the developer not more than Two Hundred Thousand Dollars ($200,000.00) for construction of the units. The interest rate on the loan shall be equal to one percent (1%) below the discount rate at the Federal Reserve Bank in the Federal Reserve district in which the school district is located, and the loan shall be repaid in not more than fifteen (15) years, as determined by the department. All funds received by the department as repayment of the principal and interest of the loan shall be deposited in the Mississippi Critical Teacher Shortage Fund. If a claim against the developer for repayment is placed in the hands of an attorney for collection, the obligor shall be liable for an additional amount equal to a reasonable attorney's fee.
(4) The developer shall operate the rental housing units. For a period of ten (10) years or until such time as the loan to the developer is repaid, whichever is longer, the priority for residence in the units shall be given first to teachers employed by the school district, then to other licensed school district employees, and then to any other school district employees.
SECTION 7. Section 37-159-17, Mississippi Code of 1972, is reenacted as follows:
37-159-17. There is established in the State Treasury a special fund to be designated the "Mississippi Critical Teacher Shortage Fund," into which shall be deposited those funds appropriated by the Legislature, and any other funds that may be made available, for the purpose of implementing the programs established under Sections 37-159-5, 37-9-77, 37-3-91 and 37-159-9 through 37-159-13. Money in the fund at the end of a fiscal year shall not lapse into the General Fund, and interest earned on any amounts deposited into the fund shall be credited to the special fund.
SECTION 8. Section 37-159-19, Mississippi Code of 1972, is amended as follows:
37-159-19. Sections 37-159-1
through 37-159-17 shall stand repealed on July 1, * * * 2027.
SECTION 9. Section 37-106-36, Mississippi Code of 1972, is amended as follows:
37-106-36. (1) There is established the "William F. Winter and Jack Reed, Sr., Teacher Loan Repayment Program."
(2) Subject to the availability of funds, an eligible applicant for an initial award must have:
(a) Graduated from a baccalaureate degree-granting institution of higher learning which is regionally accredited by the Southern Association of Colleges and Schools (SACS) or a comparable accreditation body;
(b)
Signed a contract as a full-time * * * teacher in a public school district
in Mississippi;
(c) Obtained a standard five-year license or nontraditional five-year alternate route license. Persons with provisional emergency licenses shall not be eligible applicants; and
(d) Outstanding qualifying undergraduate or graduate educational loans, which may include the principal, interest and related expenses such as the required interest premium on the unpaid balances of government and commercial loans obtained by the recipient for undergraduate or graduate educational expense.
(3) Persons who have received funds from other forgivable loan programs established for teachers under Mississippi law, or who are presently in default or delinquent on any federal, state, local or commercial qualifying educational loan, shall not be eligible for this program.
(4) Provided that initial recipients remain eligible under the provisions of subsection (2) of this section, they may retain eligibility for two (2) additional awards, subject to the availability of funds.
( * * *5) Initial recipients shall be selected
on a first-come, first-served basis of all eligible applicants, * * * subject to the availability of funds.
In the second and * * *
third years of an applicant's continued eligibility, priority consideration
shall first be given to renewal applicants. * * * The Mississippi
Postsecondary Education Financial Assistance Board shall develop rules for ensuring
that expenses of the program in a fiscal year do not exceed funding for the program
in that fiscal year. For that purpose, and any other provisions of this section
to the contrary notwithstanding, the Mississippi Postsecondary Education
Financial Assistance Board may limit the acceptance of applications and may limit
the number of awards.
( * * *6) Among * * * teacher recipients,
priority consideration shall be given to persons who are teaching in a public school
district designated as a geographical critical teacher shortage area by the State
Board of Education.
( * * *7) Awards for recipients who have signed
a contract to teach in a public school district that is not designated as a geographical
critical teacher shortage area shall be as follows:
(a)
One Thousand Five Hundred Dollars ($1,500.00) for the * * * initial award;
(b)
Two Thousand Five Hundred Dollars ($2,500.00) for the second * * * award; and
(c)
Three Thousand Five Hundred Dollars ($3,500.00) for the third * * * award.
( * * *8) Awards for recipients who have signed
a contract to teach in a public school district that is designated as a geographical
critical teacher shortage area shall be as follows:
(a)
Four Thousand Dollars ($4,000.00) for the * * * initial award;
(b)
Five Thousand Dollars ($5,000.00) for the second * * * award, provided the recipient
continues to teach in the same public school district or another public school district
designated a geographical shortage area by the State Board of Education; and
(c)
Six Thousand Dollars ($6,000.00) for the third * * * award, provided the recipient
continues to teach in the same public school district or another public school district
designated a geographical shortage area by the State Board of Education.
( * * *9) * * * An initial recipient who
moves to another public school district shall be eligible to receive an award based
on the amount allowed under the program in the new district where the teacher is
employed.
( * * *10) Awards shall be granted on a year-to-year
basis, and recipients shall have no obligation to seek a future award.
( * * *11) Awards shall be paid annually, after
the expiration of the one-year teaching contract for which the award was granted,
to the recipient's lender or loan service provider, and shall be applied to the
outstanding balance. Monies paid on the recipient's behalf toward qualifying undergraduate
or graduate educational loans prior to receiving payment of the award shall
not be eligible for repayment through the program.
( * * *12) During the teaching year for which
the award is granted, a recipient must at all times keep the * * * Mississippi
Postsecondary Education Financial Assistance Board informed of any changes to
the recipient's current contact information and employment status.
( * * *13) Recipients who fail to maintain a
standard or nontraditional license or fail to fulfill the one-year teaching
contract on which the award was based shall forfeit any right to the award.
( * * *14) The * * * Mississippi
Postsecondary Education Financial Assistance Board, in collaboration with the
State Board of Education, shall track recipients of an award under this program
through their * * *
fourth year after receiving their initial award, unless the recipient
shall leave teaching in a public school district at an earlier date. Data collected
shall include recipients' undergraduate or graduate institution, school district,
subject area/grade level in teaching and any other pertinent information necessary
to determine the efficacy of the program in retaining teachers * * *.
( * * *15) The * * * Mississippi
Postsecondary Education Financial Assistance Board shall promulgate regulations
necessary for the proper administration of this section, including rules for
ensuring that expenses of the program in a fiscal year do not exceed funding for
the program in that fiscal year.
( * * *16) There is established in the State
Treasury a special fund to be designated the "William F. Winter and Jack Reed,
Sr., Loan Repayment Program Fund," into which shall be deposited those funds
appropriated by the Legislature, and any other funds that may be made available,
for the purpose of implementing the loan repayment program established herein.
Money in the fund at the end of the fiscal year shall not lapse into the General
Fund, and interest earned on any amounts deposited into the fund shall be credited
to the special fund.
* * *
SECTION 10. This act shall take effect and be in force from and after July 1, 2024.