168.700. Citation of law--definitions--repayment of loans, contracts for--coordinator position to be maintained--rulemaking authority--fund created, use of moneys. - Missouri Statutes

Citation of law--definitions--repayment of loans, contractsfor--coordinator position to be maintained--rulemakingauthority--fund created, use of moneys.

168.700. 1. This act* shall be known, and may be cited, as the"Missouri Teaching Fellows Program".

2. As used in this section, the following terms shall mean:

(1) "Department", the Missouri department of higher education;

(2) "Eligible applicant", a high school senior who:

(a) Is a United States citizen;

(b) Has a cumulative grade point average ranking in the top tenpercentile in their graduating class and scores in the top twenty percentileon either the ACT or SAT assessment; or has a cumulative grade point averageranking in the top twenty percentile in their graduating class and scores inthe top ten percentile of the ACT or SAT assessment;

(c) Upon graduation from high school, attends a Missouri highereducation institution and attains a teaching certificate and either abachelors or graduate degree with a cumulative grade point average of at leastthree-point zero on a four-point scale or equivalent;

(d) Signs an agreement with the department in which the applicant agreesto engage in qualified employment upon graduation from a higher educationinstitution for five years; and

(e) Upon graduation from the higher education institution, engages inqualified employment;

(3) "Qualified employment", employment as a teacher in a school locatedin a school district that is not classified as accredited by the state boardof education at the time the eligible applicant signs their first contract toteach in such district. Preference in choosing schools to receiveparticipating teachers shall be given to schools in such school districts witha higher-than-the-state-average of students eligible to receive a reducedlunch price under the National School Act, 42 U.S.C. Section 1751, et seq.,as amended;

(4) "Teacher", any employee of a school district, regularly required tobe certified under laws relating to the certification of teachers, exceptsuperintendents and assistant superintendents but including certified teacherswho teach at the prekindergarten level within a prekindergarten program inwhich no fees are charged to parents or guardians.

3. Within the limits of amounts appropriated therefor, the departmentshall, upon proper verification to the department by an eligible applicant andthe school district in which the applicant is engaged in qualified employment,enter into a one-year contract with eligible applicants to repay the interestand principal on the educational loans of the applicants or provide a stipendto the applicant as provided in subsection 4 of this section. The departmentmay enter into subsequent one-year contracts with eligible applicants, not tototal more than five such contracts. The fifth one-year contract shallprovide for a stipend to such applicants as provided in subsection 4 of thissection. If the school district becomes accredited at any time during whichthe eligible applicant is teaching at a school under a contract entered intopursuant to this section, nothing in this section shall preclude thedepartment and the eligible applicant from entering into subsequent contractsto teach within the school district. An eligible applicant who does not enterinto a contract with the department under the provisions of this subsectionshall not be eligible for repayment of educational loans or a stipend underthe provisions of subsection 4 of this section.

4. At the conclusion of each of the first four academic years that aneligible applicant engages in qualified employment, up to one-fourth of theeligible applicant's educational loans, not to exceed five thousand dollarsper year, shall be repaid under terms provided in the contract. Forapplicants without any educational loans, the applicant may receive a stipendof up to five thousand dollars at the conclusion of each of the first fouracademic years that the eligible applicant engages in qualified employment.At the conclusion of the fifth academic year that an eligible applicantengages in qualified employment, a stipend in an amount equal to one thousanddollars shall be granted to the eligible applicant. The maximum of fivethousand dollars per year and the stipend of one thousand dollars shall beadjusted annually by the same percentage as the increase in the general pricelevel as measured by the Consumer Price Index for All Urban Consumers for theUnited States, or its successor index, as defined and officially recorded bythe United States Department of Labor or its successor agency. The amount ofany repayment of educational loans or the issuance of a stipend under thissubsection shall not exceed the actual cost of tuition, required fees, androom and board for the eligible applicant at the institution of highereducation from which the eligible applicant graduated.

5. The department shall maintain a Missouri teaching fellows programcoordinator position, the main responsibility of which shall be theidentification, recruitment, and selection of potential students meeting therequirements of paragraph (b) of subdivision (2) of subsection 2 of thissection. In selecting potential students, the coordinator shall givepreference to applicants that represent a variety of racial backgrounds inorder to ensure a diverse group of eligible applicants.

6. The department shall promulgate rules to enforce the provisions ofthis section, including, but not ** limited to, applicant eligibility,selection criteria, and the content of loan repayment contracts. If thenumber of applicants exceeds the revenues available for loan repayment orstipends, priority shall be to those applicants with the highest high schoolgrade-point average and highest scores on the ACT or SAT assessments.

7. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in this sectionshall become effective only if it complies with and is subject to all of theprovisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo.This section and chapter 536, RSMo, are nonseverable and if any of the powersvested with the general assembly pursuant to chapter 536, RSMo, to review, todelay the effective date, or to disapprove and annul a rule are subsequentlyheld unconstitutional, then the grant of rulemaking authority and any ruleproposed or adopted after August 28, 2007, shall be invalid and void.

8. There is hereby created in the state treasury the "Missouri TeachingFellows Program Fund". The state treasurer shall be custodian of the fund andmay approve disbursements from the fund in accordance with sections 30.170 and30.180, RSMo. Private donations, federal grants, and other funds provided forthe implementation of this section shall be placed in the Missouri teachingfellows program fund. Upon appropriation, money in the fund shall be usedsolely for the repayment of loans and the payment of stipends under theprovisions of this section. Notwithstanding the provisions of section 33.080,RSMo, to the contrary, any moneys remaining in the fund at the end of thebiennium shall not revert to the credit of the general revenue fund. Thestate treasurer shall invest moneys in the fund in the same manner as otherfunds are invested. Any interest and moneys earned on such investments shallbe credited to the fund.

9. Subject to appropriations, the general assembly shall include anamount necessary to properly fund this section, not to exceed one milliondollars in any fiscal year. The maximum of one million dollars in any fiscalyear shall be adjusted annually by the same percentage as the increase in thegeneral price level as measured by the Consumer Price Index for All UrbanConsumers for the United States, or its successor index, as defined andofficially recorded by the United States Department of Labor or its successoragency.

(L. 2007 S.B. 389)

Sunset date 8-28-13, unless reauthorized (see § 168.702)

Termination date 9-01-14, unless reauthorized (see § 168.702)

*"This act" (S.B. 389, 2007) contained numerous sections. Consult Disposition of Sections table for a definitive listing.

**Word "be" appears in original rolls.