164.769 Teacher scholarships for eligible persons agreeing to render qualified
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/ky/164-769A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
teaching service in Kentucky -- Definitions -- Cancellation or repayment of
notes -- Annual report.
(1)It is the intent of the General Assembly to establish a teacher scholarship program
to assist highly qualified individuals to become certified Kentucky teachers and
render teaching service in Kentucky schools.
(2)For purposes of this section, the terms listed below shall have the following
meanings:
(a)"Critical shortage area" means an understaffing of teachers in particular
subject matters at the secondary level, in grade levels, or in geographic
locations at the elementary and secondary level, as determined by the
commissioner of education in consultation with the authority. The
commissioner and the authority may use any source considered reliable,
including but not limited to local education agencies, to identify the critical
shortage areas;
(b)"Dual credit" has the same meaning as in KRS 158.007;
(c)"Eligible program of study" means an undergraduate or graduate program of
study which is preparatory to teacher certification;
(d)"Participating institution" means an institution of higher education located in
Kentucky which offers an eligible program of study and has in force an
agreement with the authority providing for administration of this program;
(e)"Qualified teaching service" means teaching the major portion of each school
day for at least seventy
(70)days each semester in a public school of the
Commonwealth or a private school certified pursuant to KRS 156.160(2),
except that an individual having a disability defined by Title II of the
Americans with Disabilities Act, 42 U.S.C. sec. 12131 et seq., or serious and
extended illness, whose disability or illness, certified by a licensed physician,
prevents that individual from teaching a major portion of each school day,
shall be deemed to perform qualified teaching service by teaching the
maximum time permitted by the attending physician;
(f)"Semester" means a period of about eighteen
(18)weeks, which usually
makes up one-half (1/2) of a school year or one-half (1/2) of a participating
institution's academic year; and
(g)"Summer term" means an academic period consisting of one
(1)or more
sessions of instruction between a spring and a fall semester.
(3)The authority may, to the extent of appropriations and other funds available to it
pursuant to subsection
(9)of this section, award teacher scholarships to persons
eligible under subsection
(4)of this section, who initially demonstrate financial
need in accordance with standards and criteria established by the authority or
received teacher scholarships pursuant to this section prior to July 1, 1996. Each
teacher scholarship shall be evidenced by a promissory note that requires repayment
or cancellation pursuant to subsection
(6)of this section.
(4)Kentucky residents who are United States citizens and enrolled or accepted for
enrollment in an eligible program of study at a participating institution shall be
eligible to apply for and be awarded teacher scholarships. Teacher scholarships
shall first be awarded to highly qualified eligible students who meet standards and
requirements established by the Education Professional Standards Board pursuant
to KRS 161.028 for admission to a teacher education program at a participating
institution in pursuit of initial teacher certification. If funds are not depleted after
awarding teacher scholarships to students who meet the preceding criteria, then
awards shall be made to any otherwise eligible students.
(5)The authority shall establish, by administrative regulation, the maximum amount of
scholarship to be awarded for each semester and summer term under this section.
The amount of each scholarship to be awarded shall not exceed the applicant's total
cost of education minus other financial assistance received or expected to be
received by the applicant during the academic period.
(a)The authority shall disburse teacher scholarships to eligible students who
agree to render qualified teaching service as certified teachers, and are
unconditionally admitted and enrolled in an eligible program of study.
(b)A teacher scholarship shall not be awarded or a promissory note cancellation
shall not be granted to any person who is in default on any obligation to the
authority under any program administered by the authority pursuant to KRS
164.740 to 164.785 until financial obligations to the authority are satisfied,
except that ineligibility for this reason may be waived by the authority for
cause.
(c)Recipients shall render one
(1)semester of qualified teaching service for each
semester or summer term of scholarship received, except that recipients who
teach in a critical shortage area designated by the authority or teach dual
credit coursework in a certified Kentucky high school shall render one
semester of qualified teaching service as repayment for two
(2)semesters or
summer terms of scholarships received. Upon completion of each semester of
qualified teacher service, the authority shall cancel the appropriate number of
promissory notes.
(d)If the recipient of a teacher scholarship fails to complete an eligible program
of study at a participating institution or fails to render qualified teaching
service in any semester following certification or recertification, unless the
failure is temporarily waived for cause by the authority, the recipient shall
immediately become liable to the authority for repayment of the sum of all
outstanding promissory notes and accrued interest. Persons liable for
repayment of scholarships under this paragraph shall be liable for interest
accruing from the dates on which the teacher scholarships were disbursed.
(e)Recipients who have outstanding loans or scholarships under KRS 156.611,
156.613, 164.768, or 164.770 respectively, and who render qualified teaching
service, shall have their notes canceled in accordance with subsection (6)(c) of
this section.
(f)The authority shall establish, by administrative regulation, the terms and
conditions for the award, cancellation, and repayment of teacher scholarships
including, but not limited to, the selection criteria, eligibility for renewal
awards, amount of scholarship payments, deferments, the rate of repayment,
and the interest rate thereon.
(g)Notwithstanding any other statute to the contrary, the maximum interest rate
applicable to repayment of a promissory note under this section shall be eight
percent (8%) per annum, except that if a judgment is rendered to recover
payment, the judgment shall bear interest at the rate of five percent (5%)
greater than the rate actually charged on the promissory note.
(7)A repayment obligation imposed by this section shall not be voidable by reason of
the age of the recipient at the time of receiving the teacher scholarship.
(8)Failure to meet repayment obligations imposed by this section shall be cause for the
revocation of a person's teaching certificate, subject to the procedures set forth in
KRS 161.120.
(9)All moneys repaid to the authority under this section shall be added to the
appropriations made for purposes of this section, and the funds and unobligated
appropriations shall not lapse.
(10)The authority may execute appropriate contracts and promissory notes for
administering this section.
(11)Notwithstanding any other statute to the contrary, if available funds are insufficient
for all requested scholarships for eligible applicants during any fiscal year, the
authority shall give priority consideration to eligible applicants who previously
received teacher scholarships and, until June 30, 2018, to loan forgiveness for
teachers who have outstanding loan balance eligibility for Best in Class loans issued
prior to June 30, 2008. If funds are insufficient to make all requested renewal
scholarships to eligible applicants, the authority shall reduce all scholarship awards
to the extent necessary to provide scholarships to all qualified renewal applicants.
If, after awarding all eligible renewal applicants, funds are not depleted, initial
applications shall be ranked according to regulatory selection criteria, which may
include application date, and awards shall be made to highly qualified applicants
until funds are depleted.
(12)The authority shall submit a report on the number of teacher scholarships provided
in each fiscal year, the program of study in which recipients are enrolled, recipient
retention rates, total number of applications, and scholarship recruitment strategies
to the Interim Joint Committee on Education by December 1 of each year.