2014 Kentucky Revised Statutes CHAPTER 164 - STATE UNIVERSITIES AND COLLEGES -- REGIONAL EDUCATION -- ARCHAEOLOGY 164.769 Teacher scholarships for eligible persons agreeing to render qualified teaching service in Kentucky -- Cancellation or repayment of notes.
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164.769 Teacher scholarships for eligible persons agreeing to render
qualified teaching service in Kentucky -- Cancellation or repayment of
notes.
(1)
(2)
(3)
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.
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) "Eligible program of study" means an undergraduate or graduate program
of study which is preparatory to initial teacher certification.
(c) "Expected family contribution" means the amount that a student and his
family are expected to contribute toward the cost of the student's
education determined by applying methodology set forth in 20 U.S.C. sec.
1087 kk to 1087 vv.
(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(3), except that an individual having a disability defined by Title II
of the Americans with Disabilities Act (42 U.S.C. secs. 12131 et seq.),
whose disability, 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.
(g) "Summer term" means an academic period consisting of one (1) or more
sessions of instruction between a spring and a fall semester.
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)
(5)
(6)
Kentucky residents who are United States citizens and enrolled or accepted for
enrollment in an eligible program of study on a full-time basis 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 or who received teacher
scholarships pursuant to this section prior to July 1, 1996. 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 seeking admission to a teacher education program.
The authority shall establish, by administrative regulation, the maximum
amount of scholarship to be awarded for each semester and summer term
under this section, and shall prorate the amount awarded to any student
enrolled less than full-time in accordance with paragraph (6)(a) of this section.
The aggregate amount of scholarships awarded to an individual shall not
exceed twelve thousand five hundred dollars ($12,500) for undergraduate
students and seven thousand five hundred dollars ($7,500) for
postbaccalaureate students, except that the aggregate amount of scholarships
awarded to an individual who received teacher scholarships pursuant to this
section prior to July 1, 1996, including any amount received pursuant to KRS
156.611, 156.613, 164.768, or 164.770, shall not exceed twenty thousand
dollars ($20,000), and 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 on a
full-time basis, except that disbursements may be made to otherwise
eligible students enrolled less than full-time in the semester or summer
term in which the eligible program of study will be completed or otherwise
eligible students having a disability defined by Title II of the Americans
with Disabilities Act (42 U.S.C. secs. 12131 et seq.), who have been
certified by a licensed physician to be unable to attend the eligible
program of study full-time because of the disability. Teacher scholarships
shall be disbursed to eligible students who received teacher scholarships
pursuant to this section for recertification in a critical shortage area prior
to July 1, 1996, who are enrolled in and continuing toward completion of
their program of study, and who agree to render qualified teaching service
as certified teachers.
(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 shall render one (1) 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 twelve percent (12%) 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 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 expected family contribution and application date,
and awards shall be made to highly qualified applicants until funds are
depleted.
Effective:March 24, 2009
History: Amended 2009 Ky. Acts ch. 93, sec. 1, effective March 24, 2009. -Amended 2003 Ky. Acts ch. 115, sec. 2, effective June 24, 2003. -- Amended
1998 Ky. Acts ch. 111, sec. 1, effective July 15, 1998. -- Amended 1996 Ky.
Acts ch. 125, sec. 1, effective July 15, 1996. -- Created 1994 Ky. Acts ch. 163,
sec. 1, effective July 15, 1994.
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