20 U.S. Code § 1070g–2 - Applications; eligibility
(a) Applications; demonstration of eligibility
(1) Filing required
The Secretary shall periodically set dates by which teacher candidates shall file applications for grants under this subpart. Each teacher candidate desiring a grant under this subpart for any year shall file an application containing such information and assurances as the Secretary may determine necessary to enable the Secretary to carry out the functions and responsibilities of this subpart.
(2) Demonstration of TEACH Grant eligibility
Each application submitted under paragraph (1) shall contain such information as is necessary to demonstrate that—
(A) if the applicant is an enrolled student—
(i) the student is an eligible student for purposes of section 1091 of this title;
(ii) the student—
(I) has a grade point average that is determined, under standards prescribed by the Secretary, to be comparable to a 3.25 average on a zero to 4.0 scale, except that, if the student is in the first year of a program of undergraduate education, such grade point average shall be determined on the basis of the student’s cumulative secondary school grade point average; or
(B) if the applicant is a current or prospective teacher applying for a grant to obtain a graduate degree—
(i) the applicant is a teacher or a retiree from another occupation with expertise in a field in which there is a shortage of teachers, such as mathematics, science, special education, English language acquisition, or another high-need subject; or
(b) Agreements to serve
Each application under subsection (a) shall contain or be accompanied by an agreement by the applicant that—
(1) the applicant will—
(A) serve as a full-time teacher for a total of not less than 4 academic years within 8 years after completing the course of study for which the applicant received a TEACH Grant under this subpart;
(C) teach in any of the following fields—
(D) submit evidence of such employment in the form of a certification by the chief administrative officer of the school upon completion of each year of such service; and
(E) comply with the requirements for being a highly qualified teacher as defined in section 7801 of this title;
(2) in the event that the applicant is determined to have failed or refused to carry out such service obligation, the sum of the amounts of any TEACH Grants received by such applicant will be treated as a loan and collected from the applicant in accordance with subsection (c) and the regulations thereunder; and
(c) Repayment for failure to complete service
In the event that any recipient of a grant under this subpart fails or refuses to comply with the service obligation in the agreement under subsection (b), the sum of the amounts of any TEACH Grants received by such recipient shall, upon a determination of such a failure or refusal in such service obligation, be treated as a Federal Direct Unsubsidized Stafford Loan under part C, and shall be subject to repayment, together with interest thereon accruing from the date of the grant award, in accordance with terms and conditions specified by the Secretary in regulations under this subpart.
(d) Additional administrative provisions
(1) Change of high-need designation
If a recipient of an initial grant under this subpart has acquired an academic degree, or expertise, in a field that was, at the time of the recipient’s application for that grant, designated as high need in accordance with subsection (b)(1)(C)(vii), but is no longer so designated, the grant recipient may fulfill the service obligation described in subsection (b)(1) by teaching in that field.
(2) Extenuating circumstances
The Secretary shall establish, by regulation, categories of extenuating circumstances under which a recipient of a grant under this subpart who is unable to fulfill all or part of the recipient’s service obligation may be excused from fulfilling that portion of the service obligation.
Source(Pub. L. 89–329, title IV, § 420N, as added Pub. L. 110–84, title I, § 104,Sept. 27, 2007, 121 Stat. 788; amended Pub. L. 110–315, title IV, § 412(a)(1),Aug. 14, 2008, 122 Stat. 3226.)
2008—Subsec. (b)(3). Pub. L. 110–315, § 412(a)(1)(A), added par. (3).
Subsec. (d). Pub. L. 110–315, § 412(a)(1)(B), added subsec. (d).
Effective Date of 2008 Amendment