20 USC § 6674 - Participation agreement and financial assistance
(a)
Participation agreement
(1)
In general
An eligible member of the Armed Forces selected to participate in the Program under section
6673 of this title and receive financial assistance under this section shall be required to enter into an agreement with the Secretary in which the member agrees—
(A)
within such time as the Secretary may require, to obtain certification or licensing as an elementary school teacher, secondary school teacher, or vocational or technical teacher, and to become a highly qualified teacher; and
(B)
to accept an offer of full-time employment as an elementary school teacher, secondary school teacher, or vocational or technical teacher for not less than 3 school years with a high-need local educational agency or public charter school, as such terms are defined in section
6601
[1]
of this title, to begin the school year after obtaining that certification or licensing.
(2)
Waiver
The Secretary may waive the 3-year commitment described in paragraph (1)(B) for a participant if the Secretary determines such waiver to be appropriate. If the Secretary provides the waiver, the participant shall not be considered to be in violation of the agreement and shall not be required to provide reimbursement under subsection (f) of this section, for failure to meet the 3-year commitment.
(b)
Violation of participation agreement; exceptions
A participant in the Program shall not be considered to be in violation of the participation agreement entered into under subsection (a) of this section during any period in which the participant—
(1)
is pursuing a full-time course of study related to the field of teaching at an institution of higher education;
(3)
is temporarily totally disabled for a period of time not to exceed 3 years as established by sworn affidavit of a qualified physician;
(4)
is unable to secure employment for a period not to exceed 12 months by reason of the care required by a spouse who is disabled;
(c)
Stipend for participants
(1)
Stipend authorized
Subject to paragraph (2), the Secretary may pay to a participant in the Program selected under section
6673 of this title a stipend in an amount of not more than $5,000.
(d)
Bonus for participants
(1)
Bonus authorized
Subject to paragraph (2), the Secretary may, in lieu of paying a stipend under subsection (c) of this section, pay a bonus of $10,000 to a participant in the Program selected under section
6673 of this title who agrees in the participation agreement under subsection (a) of this section to become a highly qualified teacher and to accept full-time employment as an elementary school teacher, secondary school teacher, or vocational or technical teacher for not less than 3 school years in a high-need school.
(2)
Limitation
The total number of bonuses that may be paid under paragraph (1) in any fiscal year may not exceed 3,000.
(3)
High-need school defined
In this subsection, the term “high-need school” means a public elementary school, public secondary school, or public charter school that meets one or more of the following criteria:
(A)
Low-income children
At least 50 percent of the students enrolled in the school were from low-income families (as described in section
6672
(b)(2)(A)(i) of this title).
(e)
Treatment of stipend and bonus
A stipend or bonus paid under this section to a participant in the Program shall be taken into account in determining the eligibility of the participant for Federal student financial assistance provided under title IV of the Higher Education Act of 1965 [20 U.S.C. 1070 et seq. and 42 U.S.C. 2751 et seq.].
(f)
Reimbursement under certain circumstances
(1)
Reimbursement required
A participant in the Program who is paid a stipend or bonus under this section shall be required to repay the stipend or bonus under the following circumstances:
(A)
Failure to obtain qualifications or employment
The participant fails to obtain teacher certification or licensing, to become a highly qualified teacher, or to obtain employment as an elementary school teacher, secondary school teacher, or vocational or technical teacher as required by the participation agreement under subsection (a) of this section.
(B)
Termination of employment
The participant voluntarily leaves, or is terminated for cause from, employment as an elementary school teacher, secondary school teacher, or vocational or technical teacher during the 3 years of required service in violation of the participation agreement.
(2)
Amount of reimbursement
A participant required to reimburse the Secretary for a stipend or bonus paid to the participant under this section shall pay an amount that bears the same ratio to the amount of the stipend or bonus as the unserved portion of required service bears to the 3 years of required service. Any amount owed by the participant shall bear interest at the rate equal to the highest rate being paid by the United States on the day on which the reimbursement is determined to be due for securities having maturities of 90 days or less and shall accrue from the day on which the participant is first notified of the amount due.
(3)
Treatment of obligation
The obligation to reimburse the Secretary under this subsection is, for all purposes, a debt owing the United States. A discharge in bankruptcy under title 11 shall not release a participant from the obligation to reimburse the Secretary under this subsection.
(4)
Exceptions to reimbursement requirement
A participant shall be excused from reimbursement under this subsection if the participant becomes permanently totally disabled as established by sworn affidavit of a qualified physician. The Secretary may also waive the reimbursement in cases of extreme hardship to the participant, as determined by the Secretary.
[1] So in original. Probably should be section “6602”.
(a)
Participation agreement
(1)
In general
An eligible member of the Armed Forces selected to participate in the Program under section
6673 of this title and receive financial assistance under this section shall be required to enter into an agreement with the Secretary in which the member agrees—
(A)
within such time as the Secretary may require, to obtain certification or licensing as an elementary school teacher, secondary school teacher, or vocational or technical teacher, and to become a highly qualified teacher; and
(B)
to accept an offer of full-time employment as an elementary school teacher, secondary school teacher, or vocational or technical teacher for not less than 3 school years with a high-need local educational agency or public charter school, as such terms are defined in section
6601
[1]
of this title, to begin the school year after obtaining that certification or licensing.
(2)
Waiver
The Secretary may waive the 3-year commitment described in paragraph (1)(B) for a participant if the Secretary determines such waiver to be appropriate. If the Secretary provides the waiver, the participant shall not be considered to be in violation of the agreement and shall not be required to provide reimbursement under subsection (f) of this section, for failure to meet the 3-year commitment.
(b)
Violation of participation agreement; exceptions
A participant in the Program shall not be considered to be in violation of the participation agreement entered into under subsection (a) of this section during any period in which the participant—
(1)
is pursuing a full-time course of study related to the field of teaching at an institution of higher education;
(3)
is temporarily totally disabled for a period of time not to exceed 3 years as established by sworn affidavit of a qualified physician;
(4)
is unable to secure employment for a period not to exceed 12 months by reason of the care required by a spouse who is disabled;
(c)
Stipend for participants
(1)
Stipend authorized
Subject to paragraph (2), the Secretary may pay to a participant in the Program selected under section
6673 of this title a stipend in an amount of not more than $5,000.
(d)
Bonus for participants
(1)
Bonus authorized
Subject to paragraph (2), the Secretary may, in lieu of paying a stipend under subsection (c) of this section, pay a bonus of $10,000 to a participant in the Program selected under section
6673 of this title who agrees in the participation agreement under subsection (a) of this section to become a highly qualified teacher and to accept full-time employment as an elementary school teacher, secondary school teacher, or vocational or technical teacher for not less than 3 school years in a high-need school.
(2)
Limitation
The total number of bonuses that may be paid under paragraph (1) in any fiscal year may not exceed 3,000.
(3)
High-need school defined
In this subsection, the term “high-need school” means a public elementary school, public secondary school, or public charter school that meets one or more of the following criteria:
(A)
Low-income children
At least 50 percent of the students enrolled in the school were from low-income families (as described in section
6672
(b)(2)(A)(i) of this title).
(e)
Treatment of stipend and bonus
A stipend or bonus paid under this section to a participant in the Program shall be taken into account in determining the eligibility of the participant for Federal student financial assistance provided under title IV of the Higher Education Act of 1965 [20 U.S.C. 1070 et seq. and 42 U.S.C. 2751 et seq.].
(f)
Reimbursement under certain circumstances
(1)
Reimbursement required
A participant in the Program who is paid a stipend or bonus under this section shall be required to repay the stipend or bonus under the following circumstances:
(A)
Failure to obtain qualifications or employment
The participant fails to obtain teacher certification or licensing, to become a highly qualified teacher, or to obtain employment as an elementary school teacher, secondary school teacher, or vocational or technical teacher as required by the participation agreement under subsection (a) of this section.
(B)
Termination of employment
The participant voluntarily leaves, or is terminated for cause from, employment as an elementary school teacher, secondary school teacher, or vocational or technical teacher during the 3 years of required service in violation of the participation agreement.
(2)
Amount of reimbursement
A participant required to reimburse the Secretary for a stipend or bonus paid to the participant under this section shall pay an amount that bears the same ratio to the amount of the stipend or bonus as the unserved portion of required service bears to the 3 years of required service. Any amount owed by the participant shall bear interest at the rate equal to the highest rate being paid by the United States on the day on which the reimbursement is determined to be due for securities having maturities of 90 days or less and shall accrue from the day on which the participant is first notified of the amount due.
(3)
Treatment of obligation
The obligation to reimburse the Secretary under this subsection is, for all purposes, a debt owing the United States. A discharge in bankruptcy under title 11 shall not release a participant from the obligation to reimburse the Secretary under this subsection.
(4)
Exceptions to reimbursement requirement
A participant shall be excused from reimbursement under this subsection if the participant becomes permanently totally disabled as established by sworn affidavit of a qualified physician. The Secretary may also waive the reimbursement in cases of extreme hardship to the participant, as determined by the Secretary.
[1] So in original. Probably should be section “6602”.
Source
(Pub. L. 89–10, title II, § 2304, as added Pub. L. 107–110, title II, § 201,Jan. 8, 2002, 115 Stat. 1651.)
References in Text
The Individuals with Disabilities Education Act, referred to in subsec. (d)(3)(B), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, as amended. Part B of the Act is classified generally to subchapter II (§ 1411 et seq.) of chapter
33 of this title. For complete classification of this Act to the Code, see section
1400 of this title and Tables.
The Higher Education Act of 1965, referred to in subsec. (e), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219, as amended. Title IV of the Act is classified generally to subchapter IV (§ 1070 et seq.) of chapter
28 of this title and part C (§ 2751 et seq.) of subchapter
I of chapter
34 of Title
42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section
1001 of this title and Tables.
Prior Provisions
A prior section
6674,Pub. L. 89–10, title II, § 2304, as added Pub. L. 103–382, title I, § 101,Oct. 20, 1994, 108 Stat. 3634, related to plan for program to be assisted, prior to the general amendment of this subchapter by Pub. L. 107–110.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Friday, May 3, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
| 20 USC | Description of Change | Session Year | Public Law | Statutes at Large |
|---|---|---|---|---|
| § 6674 | repealed | 2012 | 112-239 [Sec.] 541(d)(1) | 126 Stat. 1735 |
This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.
This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].
It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.
LII has no control over and does not endorse any external Internet site that contains links to or references LII.
