BILL NUMBER: SB 62 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 2, 2015
AMENDED IN SENATE APRIL 7, 2015
AMENDED IN SENATE MARCH 18, 2015
INTRODUCED BY Senators Pavley, Block, and Huff
(Coauthors: Senators Hancock, Hertzberg, Vidak, and Wieckowski)
(Coauthors: Assembly Members Chu, Dodd, Cristina Garcia, Olsen,
and Rodriguez)
DECEMBER 30, 2014
An act to amend Sections 69612, 69612.5, 69613, 69613.1,
69615.4, 70000, 70001, 70003, and 70005 and 69615.4
of, to add Sections 69615.5, Section
69615.9 , 70006, 70007, and 70008 to, to
repeal Section 69613.8 of, and to repeal and add Section
Sections 69613.7 and 69615.8 of, the
Education Code, relating to student financial aid.
LEGISLATIVE COUNSEL'S DIGEST
SB 62, as amended, Pavley. Student financial aid: Assumption
Program of Loans for Education: Governor's Teaching Fellowships
Program.
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 prohibits the
commission from awarding more than the number of loan assumption
agreements that are authorized by the Governor and the Legislature in
the annual Budget Act, as provided.
This bill would, among other things, require a program participant
to teach in a teaching field with a critical shortage of teachers
and to demonstrate financial need, revise the information that the
Superintendent is required to furnish to the commission annually
regarding the program, and make conforming changes. The bill
would require the program to continue to be implemented as it read on
January 1, 2015, for specified purposes relating to loan assumption
agreements entered into before that date, and would make further
implementation of the program contingent upon an appropriation in the
annual Budget Act or another measure. To the extent that funding is
provided, the bill would require that not more than 1,000 loan
assumption agreements be awarded in any academic year.
Existing law establishes the Governor's Teaching Fellowships
Program to be administered by the Chancellor's office of the
California State University. The program requires the chancellor to
collaborate with the University of California, the California
Community Colleges, the Association of Independent California
Colleges and Universities, the State Department of Education, and the
Commission on Teacher Credentialing to ensure that access to the
fellowships is available to students in a variety of teaching
preparation programs, and defines a "high-priority school" for
purposes of implementation and administration of the program.
This bill would remove the State Department of Education and add
the Superintendent of Public Instruction and the California Student
Aid Commission to the list of entities with which the chancellor is
required to collaborate, and would delete the definition of a
"high-priority school" and define an "eligible school" for purposes
of implementation and administration of the program, as specified.
The bill would prohibit a person from participating in the
Assumption Program of Loans for Education and the Governor's Teaching
Fellowships Program concurrently, and would require both programs to
continue to be implemented as they read on January 1, 2015, for
specified purposes.
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. Section 69612 of the Education Code is amended to read:
69612. (a) The Legislature finds and declares all of the
following:
(1) The growing shortage of high-quality teachers is most serious
in particular subject areas, partly due to the shortage of students
in these fields who enter the teaching profession.
(2) Many school districts have difficulty recruiting and retaining
high-quality teachers for pupils with special needs, for schools
serving rural areas or large populations of pupils from low-income
and linguistic minority families, and for schools with a high
percentage of teachers holding emergency-type permits.
(3) 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.
(b) It is, therefore, the intent of the Legislature that the
Assumption Program of Loans for Education be designed to provide
outstanding postsecondary students, particularly economically
disadvantaged students, with the assurance of financial assistance to
encourage them to complete postsecondary education programs leading
to teaching credentials, and to seek employment as teachers in
designated subject-matter shortage areas and self-contained
classrooms or in schools serving a large population of pupils from
low-income families or schools with a high percentage of teachers
holding emergency-type permits.
SEC. 2. Section 69612.5 of the Education Code is amended to read:
69612.5. For purposes of this article, the following terms have
the following definitions:
(a) "Eligible institution" means a postsecondary institution that
is determined by the Student Aid Commission to meet both of the
following requirements:
(1) The institution is eligible to participate in state and
federal financial aid programs.
(2) The institution maintains a program of professional
preparation that has been approved by the Commission on Teacher
Credentialing.
(b) "Eligible school" means a school that meets any of the
following criteria:
(1) It serves a percentage of unduplicated pupils, as defined in
Section 42238.02, as determined by the Superintendent of Public
Instruction.
(2) The institution has 20 percent or more teachers holding
emergency-type permits including, but not limited to, any of the
following:
(A) Provisional internships.
(B) Short-term staff permits.
(C) Credential waivers.
(D) Substitute permits.
(3) It is a school that serves a rural area.
SEC. 3. Section 69613 of the Education Code is amended to read:
69613. (a) Program participants shall meet all of the following
eligibility criteria prior to selection in the program and shall
continue to meet these criteria, as appropriate, during the payment
periods:
(1) 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, has agreed to
participate in a teacher internship program, or has been admitted to
a program of professional preparation that has been approved by the
Commission on Teacher Credentialing.
(2) The applicant is currently enrolled in, or has been admitted
to, a program in which he or she will be enrolled on at least a
half-time basis, as determined by the participating institution. The
applicant shall agree to maintain satisfactory academic progress and
a minimum of half-time enrollment, as defined by the participating
eligible institution.
(A) Except as provided in subparagraphs (B) and (C), if a person
participating in the program fails to maintain at least half-time
enrollment, as required by this article, under the terms of the
agreement pursuant to paragraph (2), the loan assumption agreement
shall be invalidated and the participant shall retain full liability
for all 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 half-time enrollment due to serious
illness, pregnancy, or other natural causes, or is called to active
military duty status, the participant is not required to retain full
liability for the student loan obligation 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 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.
(3) The applicant has been judged by his or her postsecondary
institution, school district, or county office of education to have
outstanding ability on the basis of criteria that may include, but
need not be limited to, any of the following:
(A) Grade point average.
(B) Test scores.
(C) Faculty evaluations.
(D) Interviews.
(E) Other recommendations.
(4) The applicant has received, or is approved to receive, an
educational loan from a program approved by the Student Aid
Commission.
(5) 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, 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 shortage area by the Superintendent of Public Instruction,
or, on the date the teacher is hired, at an eligible school.
(6) The applicant has demonstrated financial need.
(b) 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 shortage field by the time the applicant
becomes a teacher.
(c) For the purposes of calculating eligible years of teaching for
the redemption of an award, the inclusion by the Superintendent of
Public Instruction of a school on a list prepared pursuant to Section
69613.1 shall apply retroactively from the date the school first
opened.
(d) A person participating in the program pursuant to this section
shall not enter into more than one agreement.
(e) 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.
SEC. 4. Section 69613.1 of the Education Code is amended to read:
69613.1. On or before January 1 of each year, the Superintendent
of Public Instruction shall furnish the commission with all of the
following:
(a) A list of teaching fields that have the most critical shortage
of teachers. The Superintendent shall review this list annually and
revise the list as he or she deems necessary. The list of shortage
areas furnished pursuant to this subdivision shall include the state
special schools as a category separate from special education.
(b) A list of schools that serve a large population of pupils from
low-income families, as determined by eligibility for supplemental
funding under the local control funding formula or according to
standards the Superintendent deems appropriate.
(c) 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.
(d) A list of schools serving rural areas. The list shall be
established according to standards deemed appropriate by the
Superintendent.
SEC. 5. Section 69613.7 of the Education Code is repealed.
SEC. 6. Section 69613.7 is added to the Education Code, to read:
69613.7. In addition to the amounts set forth in subdivision (a)
of Section 69613.4, for each of the four years of classroom
instruction referenced in that subdivision, loan assumption benefits
shall be granted as follows:
(a) One thousand dollars ($1,000) of additional liability per year
shall be assumed for a person who holds a credential appropriate for
teaching, and who teaches, teaches
mathematics, science, or special education.
(b) One thousand dollars ($1,000) of additional liability per year
shall be assumed for a person who teaches in a school in the lowest
two deciles on the Academic Performance Index rankings. Eligibility
for the benefit set forth in this subdivision shall be limited to a
person who holds a credential appropriate for teaching, and who
teaches mathematics, science, or special education.
(c) Not more than a total of five million dollars ($5,000,000)
shall be expended in any academic year for purposes of this section.
(d) The commission shall award benefits payable under this section
upon receipt of all documentation necessary to establish eligibility
for the additional loan assumption benefits. Payments shall be made
to applicants in the order that full documentation is received until
the five million dollars ($5,000,000) authorized by subdivision
(b) (c) has been expended.
SEC. 7. Section 69613.8 of the Education Code is repealed.
SEC. 8. Section 69615.4 of the Education Code is amended to read:
69615.4. The commission shall report annually to the Legislature
regarding all of the following, on the basis of sex, age, and
ethnicity:
(a) The total number of program participants.
(b) The number of agreements entered into with juniors, seniors,
students enrolled in teacher training programs, and persons who agree
to enroll in teacher internship programs.
(c) The number of participants who agree to teach in a subject
matter shortage area.
(d) The number of participants who agree to teach in schools
serving rural areas.
(e) The number of participants who agree to teach in schools with
a high percentage of teachers holding provisional internship permits.
(f) The number of participants who receive a loan assumption
benefit, classified by payment year.
(g) The number of out-of-state teachers who enter into agreements.
(h) The number of participants who have participated in teacher
internship programs, classified by school district or county office
of education.
SEC. 9. Section 69615.5 is added to the
Education Code, to read:
69615.5. Participants in the program shall be prohibited from
participating in the Governor's Teaching Fellowships Program
concurrently.
SEC. 9. Section 69615.8 of the
Education Code is repealed.
69615.8. Notwithstanding any other law, in any fiscal year, the
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.
SEC. 10. Section 69615.8 is added to the
Education Code , to read:
69615.8. This article shall be implemented upon an appropriation
specifically for its purposes in the annual Budget Act or another
measure. To the extent that funding is provided, not more than 1,000
loan assumption agreements shall be awarded in any academic year for
purposes of this article.
SEC. 10. SEC. 11. Section 69615.9 is
added to the Education Code, to read:
69615.9. The commission shall continue to implement the program
as it read on January 1, 2015, for the allocation of funds for loan
assumption agreements made before January 1, 2015, and collecting
payments from former program participants required to repay program
costs as of January 1, 2016, for failing to satisfy the program's
requirements.
SEC. 11. Section 70000 of the Education Code is
amended to read:
70000. (a) The Governor's Teaching Fellowships Program is hereby
established to be administered by the Chancellor's office of the
California State University. The chancellor's office shall
collaborate with the University of California, the California
Community Colleges, the Association of Independent California
Colleges and Universities, the Superintendent of Public Instruction,
the California Student Aid Commission, and the Commission on Teacher
Credentialing to ensure that access to the fellowships is available
to students in a variety of teaching preparation programs.
(b) In January 2001, 250 nonrenewable graduate teaching
fellowships in the amount of twenty thousand dollars ($20,000) each
shall be awarded, with funds disbursed one-half in January 2001 and
one-half in September 2001.
(c) During the 2001-02 fiscal year, 1,000 nonrenewable, graduate
teaching fellowships in the amount of twenty thousand dollars
($20,000) each shall be awarded.
(d) Commencing with the 2002-03 fiscal year and each fiscal year
thereafter, the number of fellowships awarded shall be determined
pursuant to an appropriation in the annual Budget Act for this
purpose.
(e) The fellowship award may be used to defer tuition for a
teacher certification program at any accredited postsecondary
institution in California and for living expenses while enrolled in
that program.
SEC. 12. Section 70001 of the Education Code is
amended to read:
70001. (a) The Chancellor's office of the California State
University shall have the following duties:
(1) Developing an application process that establishes a
merit-based fellowship program for graduate students who agree to
teach at an eligible school for four years.
(2) Establishing a broad and effective outreach effort to promote
the availability and the merits of the fellowship program.
(3) Conducting the selection process for fellowship applicants.
(4) Collaborating with the Commission on Teacher Credentialing to
develop and implement a system for monitoring program participants
through the completion of their four-year teaching obligation.
(5) Determining the criteria for selecting teaching fellowship
candidates. The criteria shall include, at a minimum, all of the
following:
(A) Previous academic and employment record.
(B) A demonstrated commitment to serve in an eligible school.
(C) Faculty and employer evaluations.
(D) Interviews.
(E) Letters of recommendation.
(b) For the purposes of this article, an "eligible school" is a
school that meets the criteria of paragraph (1) of subdivision (b) of
Section 69612.5. If a school meets this criteria at the time a
teacher is hired, continued employment of the teacher at that school
fulfills the commitment made by the teacher, even if the school loses
its qualification under paragraph (1) of subdivision (b) of Section
69612.5.
SEC. 13. Section 70003 of the Education Code is
amended to read:
70003. (a) A fellowship recipient shall agree to teach in an
eligible school for four years and shall have four years, upon
completion of his or her preparation program, to meet that
obligation. Except as provided in subdivision (c), a fellowship
recipient shall agree to repay the state five thousand dollars
($5,000) annually for each year the recipient fails to complete
either the teacher preparation program or the required teaching
service, up to full repayment of twenty thousand dollars ($20,000).
(b) Nonperformance of the commitment to teach in an eligible
school for four years shall be certified by the Commission on Teacher
Credentialing to the chancellor's office.
(c) Any exceptions to the requirement for repayment shall be
defined by the chancellor's office.
SEC. 14. Section 70005 of the Education Code is
amended to read:
70005. (a) The Chancellor's office of the California State
University shall adopt any rules and regulations it deems necessary
for the administration of this section and the recovery of funds it
determines are owed to the state. The rules and regulations adopted
by the chancellor's office pursuant to this section shall also
include a provision authorizing the chancellor's office to seek a
civil penalty on a recipient of funds under this program, in an
amount not to exceed five thousand dollars ($5,000) per year for each
year that the recipient of funds is determined by the Commission on
Teacher Credentialing to have failed to fulfill his or her obligation
to teach in an eligible school.
(b) Any moneys derived from the assessment of penalties pursuant
to this section shall be deposited into the General Fund.
SEC. 15. Section 70006 is added to the
Education Code, to read:
70006. Notwithstanding any other law, the California State
University shall award no more than the number of fellowships that
are authorized by the Governor and the Legislature in the annual
Budget Act for that year for fellowships pursuant to this article.
SEC. 16. Section 70007 is added to the
Education Code, to read:
70007. The California State University shall continue to
implement the fellowship program as it read on January 1, 2015, for
purposes of collecting payments from former program participants
required to repay program costs as of January 1, 2016, for failing to
satisfy the program's requirements.
SEC. 17. Section 70008 is added to the
Education Code, to read:
70008. Participants in the program shall be prohibited from
participating in the Assumption Program of Loans for Education
concurrently.