S 848 — Consider Teachers Act of 2021

[Congressional[117th BillsCongress 117thPublic Congress]Law 49] [From the U.S.

Government Publishing Office] [S.[[Page 401]] CONSIDER TEACHERS ACT OF 2021 [[Page 135 STAT.

848402]] EngrossedPublic Law 117-49 117th Congress An Act To amend the Higher Education Act of 1965 in Senateorder (ES)]to <DOC>improve 117ththe CONGRESSservice 1stobligation Sessionverification S.process for TEACH Grant recipients, and for other purposes.

848<<NOTE: _______________________________________________________________________ AN ACT To amend the Higher Education Act of 1965 in order to improve the service obligation verification process for TEACH Grant recipients, and for other purposes.

BeOct. it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.

13, 2021 - [S.

848]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE:

Consider Teachers Act of 2021.

20 USC 1001 note.>> SECTION 1.

1070g-1070g-2) 2) is amended-- (1) in subsection (b)(1)-- (A) in subparagraph (A), by inserting ``(referred to in this section as the `service obligation window')'' after ``under this subpart'';

``(D) submit<<NOTE: a certification of employment by the chief administrative officer of the school in accordance with subsection (d)(5);

andCertification.>> ``(E)submit meeta all State certification requirementsof foremployment teachingby (whichthe maychief includeadministrative meetingofficer suchof requirementsthe throughschool ain certificationaccordance obtainedwith throughsubsection alternative(d)(5); routes to teaching);'';

and ``(E) <<NOTE:

Certification.>> meet all State certification requirements for teaching (which may include meeting such requirements through a certification obtained through alternative routes to teaching);'';

``(2) Reconsideration<<NOTE: of conversion decisions.-- ``(A) Request to reconsider.--In any case where the Secretary has determined that a recipient of a grant under this subpart has failed or refused to comply with the service obligation in the agreement under subsection (b) and has converted the grant into a Federal Direct Unsubsidized Stafford Loan under part D in accordance with paragraph (1), (including a TEACH Grant converted to a loan prior to the date of enactment of the Consider Teachers Act of 2021 and including cases where such loans have been fully or partially paid), the recipient may request that the Secretary reconsider such initial determination and may submit additional information to demonstrate satisfaction of the service obligation.

UponDeterminations. receipt of such a request, the Secretary shall reconsider the determination in accordance with this paragraph not later than 90 days after the date that such request was received.

``(B)Loans.>> Reconsideration.--If,Reconsideration inof reconsideringconversion andecisions.-- initial``(A) determinationRequest underto subparagraphreconsider.--In (A)any (includingcase reconsiderationwhere relatedthe toSecretary ahas TEACHdetermined Grant that was converted to a loanrecipient prior to the date of enactmenta ofgrant theunder Considerthis Teacherssubpart Acthas offailed 2021 and including cases where such loans were fully or partiallyrefused paid),to thecomply Secretarywith determines that the reasonservice forobligation suchin determination was the recipient'sagreement failure to timely submit a certification required under subsection (b)(1)(D)(b) (asand inhas effectconverted on the daygrant beforeinto the date of enactment of the Consider Teachers Act of 2021), an error or processing delay by the Secretary, a changeFederal toDirect theUnsubsidized fieldsStafford consideredLoan eligibleunder forpart fulfillmentD ofin theaccordance servicewith obligationparagraph (as(1), described(including in subsection (b)(1)(C)), a recipient having previously requested to have the TEACH Grant converted to a loan,loan orprior anotherto valid reason determined by the Secretary,date andof thatenactment of the recipientConsider has,Teachers asAct of the2021 dateand ofincluding thecases reconsideration,where demonstratedsuch thatloans thehave recipientbeen didfully meet, or ispartially meetingpaid), the servicerecipient obligationmay inrequest thethat agreement under subsection (b), the Secretary shall--reconsider ``(i)such dischargeinitial thedetermination Federal Direct Unsubsidized Stafford Loan under part D, and reinstate[[Page the135 recipient'sSTAT. grant under this subpart;

403]] may submit additional information to demonstrate satisfaction of the service obligation.

<<NOTE:

Deadline.>> Upon receipt of such a request, the Secretary shall reconsider the determination in accordance with this paragraph not later than 90 days after the date that such request was received.

``(B) <<NOTE:

Certification.>> Reconsideration.-- If, in reconsidering an initial determination under subparagraph (A) (including reconsideration related to a TEACH Grant that was converted to a loan prior to the date of enactment of the Consider Teachers Act of 2021 and including cases where such loans were fully or partially paid), the Secretary determines that the reason for such determination was the recipient's failure to timely submit a certification required under subsection (b)(1)(D) (as in effect on the day before the date of enactment of the Consider Teachers Act of 2021), an error or processing delay by the Secretary, a change to the fields considered eligible for fulfillment of the service obligation (as described in subsection (b)(1)(C)), a recipient having previously requested to have the TEACH Grant converted to a loan, or another valid reason determined by the Secretary, and that the recipient has, as of the date of the reconsideration, demonstrated that the recipient did meet, or is meeting the service obligation in the agreement under subsection (b), the Secretary shall-- ``(i) discharge the Federal Direct Unsubsidized Stafford Loan under part D, and reinstate the recipient's grant under this subpart;

minus ``(II) the number of full academic years of teaching that the recipient completed prior to the reconversion of the loan to a TEACH Grant under subparagraph[[Page (B),135 includingSTAT. any years of qualifying teaching completed during the period when the TEACH Grant was in loan status;

404]] subparagraph (B), including any years of qualifying teaching completed during the period when the TEACH Grant was in loan status;

``(3) Communication<<NOTE: with recipients.--The Secretary shall notify TEACH grant recipients not less than once per calendar year regarding how to submit the employment certification under subsection (b)(1)(D) and the recommendations and requirements for submitting that certification under subsection (d)(5).

``(4)Notification. Qualifying schools and high-need fields.--The Secretary shall maintain and annually update a list of qualifying schools as described in subsection (b)(1)(B), and a list of high-need fields as described in subsection (b)(1)(C) and shall make such lists publicly available on the Department's website in a sortable and searchable format.''.

Certification.

Recommenda- tions.>> Communication with recipients.--The Secretary shall notify TEACH grant recipients not less than once per calendar year regarding how to submit the employment certification under subsection (b)(1)(D) and the recommendations and requirements for submitting that certification under subsection (d)(5).

``(4) <<NOTE:

Updates.

Lists.

Public information.

Web posting.>> Qualifying schools and high-need fields.--The Secretary shall maintain and annually update a list of qualifying schools as described in subsection (b)(1)(B), and a list of high-need fields as described in subsection (b)(1)(C) and shall make such lists publicly available on the Department's website in a sortable and searchable format.''.

``(5) Submission of employment certification.-- ``(A) Recommended<<NOTE: submissions.--The Secretary shall notify TEACH Grant recipients that the Department recommends that TEACH Grant recipients submit the employment certification described in subsection (b)(1)(D) as soon as practicable after the completion of each year of service.

Notification.>> Recommended submissions.--The Secretary shall notify TEACH Grant recipients that the Department recommends that TEACH Grant recipients submit the employment certification described in subsection (b)(1)(D) as soon as practicable after the completion of each year of service.

EXTENSION OF TIME TO FULFILL SERVICE OBLIGATION DUE TO COVID-COVID-19. 19.

note) is amended-- (1) in the matter preceding paragraph (1), by striking ``For the purpose of section 420N of the Higher Education Act of 1965[[Page (20135 U.S.C.STAT.

405]] (20 U.S.C.

or ``(B) a<<NOTE: period of recession or economic downturn related to the qualifying emergency period, as determined by the Secretary in consultation with the Secretary of Labor.''.

Determination.