S 1387 — Consider Teachers Act

1387 IntroducedEngrossed in Senate (IS)](ES)] <DOC> 116th CONGRESS 1st2d Session S.

1387 _______________________________________________________________________ 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.

_______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 9, 2019 Mr.

Braun (for himself and Ms.

Sinema) introduced the following bill;

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL 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.

1070g- 2) is amended-- (1) in subsection (b)(1)(D),(b)(1)-- by(A) inserting,in ``bysubparagraph not(A), laterby thaninserting the``(referred Octoberto 31in followingthis section as the year`service ofobligation suchwindow')'' service'';after ``under this subpart'';

(B) in subparagraph (C)(vii), by inserting ``or geographic area'' after ``field'';

and (C) by striking subparagraphs (D) and (E) and inserting the following:

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

and ``(E) meet all State certification requirements for teaching (which may include meeting such requirements through a certification obtained through alternative routes to teaching);'';

``(2) Reconsideration 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), the recipient may request that the Secretary reconsider thesuch initial determination and may submit additional information to demonstrate satisfaction of the service obligation.

``(B)Upon Reconsideration.--If,receipt inof reconsideringsuch a determinationrequest, under subparagraph (A), the Secretary determinesshall thatreconsider the reason for the initial determination wasin theaccordance recipient'swith failurethis toparagraph timelynot submitlater anthan annual90 recertificationdays requiredafter under subsection (b)(1)(D), and that the recipient has, as of the date of the reconsideration, demonstrated that thesuch recipientrequest didwas meet,received. 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;

``(B) Reconsideration.--If, in reconsidering an initial determination under subparagraph (A), 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), 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;

and ``(v) userequest thethat additionalconsumer informationreporting providedagencies underremove subparagraphany (A)negative tocredit determinereporting thedue progressto the recipientconversion hasof madethe inTEACH meetingGrant theto servicea obligation.loan;

``(C)and Extension``(vi) ofuse time to complete service obligation.--In the caseadditional ofinformation aprovided recipient whose grant under this subpart was reinstated in accordance with subparagraph (B)(A) prior to Decemberdetermine 31, 2018, the Secretaryprogress may extend the time remaining for the recipient tohas fulfillmade thein servicemeeting obligation for a period of time equal to the time that recipient had remaining to fulfill the service obligationobligation. at the time that grant was originally converted into a Federal Direct Unsubsidized Stafford Loan under part D of title IV in accordance with paragraph (1).

``(D)``(C) RuleExtension of construction.--Nothingtime to complete service obligation.--In the case of a recipient whose TEACH Grant was reinstated in thisaccordance paragraphwith shallsubparagraph be(B), construedthe toSecretary meanshall, thatupon such reinstatement-- ``(i) extend the time remaining for the recipient to fulfill the service obligation underdescribed thisin subpartsubsection is(b)(1) waived.'';to a period of time equal to-- ``(I) 8 years;

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

and ``(ii) treat any full academic years of teaching described in clause (i)(II) as years that count toward the individual's service obligation (regardless of whether the TEACH Grant funds were in grant or loan status) if that time otherwise meets the requirements of this section.'';

``(3) Communication with recipients.--The Secretary shall ensurenotify that each servicer for grants under this subpart notifies TEACH grant recipients bynot Octoberless 5than ofonce eachper calendar year regarding how to submit documentation regarding the grantsemployment certification under thissubsection subpart(b)(1)(D) and the Octoberrecommendations 31and deadlinerequirements establishedfor submitting that certification under subsection (b)(1)(D).''.(d)(5).

<all>``(4) 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.''.

SEC.

3.

SUBMISSION OF EMPLOYMENT CERTIFICATION.

Section 420N(d) of the Higher Education Act of 1965 (20 U.S.C.

1070g-2(d)), as amended by section 2, is further amended by adding at the end the following:

``(5) Submission of employment certification.-- ``(A) 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.

``(B) Required submission.--A TEACH Grant recipient shall be required to submit to the Department employment certification within the timeframe that would allow that individual to complete their service obligation before the end of the service obligation window.

``(C) Notification.--The Secretary shall notify TEACH Grant recipients of the required submission deadlines described in this paragraph.

``(D) Adjustment of deadline.--The Secretary shall adjust the submission deadline described in subparagraph (B) to account for a service obligation window extension.

``(E) Alternative to certification.--The Secretary shall provide an alternative to the certification of employment described in subsection (b)(1)(D) for recipients who cannot obtain such required certification of employment from the chief administrative officer of the school because the recipient can demonstrate the school is no longer in existence or the school refuses to cooperate.''.

SEC.

4.

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

(a) Section 3519(a) of the CARES Act (Public Law 116-136;

20 U.S.C.

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 (20 U.S.C.

1070g-2), during a qualifying emergency,'' and inserting ``Notwithstanding any provision of subpart 9 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C.

1070g et seq.),'';

(2) in paragraph (1), by striking ``and'' after the semicolon;