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S. 1387 — what changed

Consider Teachers Act

From Introduced in Senate to Engrossed in Senate. 1 section amended and 3 added between Introduced in Senate and Engrossed in Senate.

Sec. 2 TEACH Grants

Section 420N of the Higher Education Act of 1965 (20 U.S.C. 1070g–2) is amended—

(1)
changed in subsection (b)(1)(D), by inserting, “by not later than the October 31 following the year of such service”;(b)(1)—
(A)
added in subparagraph (A), by inserting “(referred to in this section as the “service obligation window”)” after “under this subpart”;
(B)
added in subparagraph (C)(vii), by inserting “or geographic area” after “field”; and
(C)
added by striking subparagraphs (D) and (E) and inserting the following:

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

added “(E) meet all State certification requirements for teaching (which may include meeting such requirements through a certification obtained through alternative routes to teaching);”

(2)
in subsection (c)—
(A)
by striking “In the event” and inserting the following:

“(1) In general—In the event”

(B)
by adding at the end the following:

“(2) Reconsideration of conversion decisions

changed “(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 the such initial determination and may submit additional information to demonstrate satisfaction of the service obligation.obligation. 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.

changed “(B) Reconsideration—If, in reconsidering a an initial determination under subparagraph (A), the Secretary determines that the reason for the initial such determination was the recipient's failure to timely submit an annual recertification a certification required under subsection (b)(1)(D), (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;

“(ii) discharge any interest or fees that may have accumulated during the period that the grant was converted to a Federal Direct Unsubsidized Stafford Loan under part D;

“(iii) if the recipient has other loans under part D, apply any payments made for the Federal Direct Unsubsidized Stafford Loan under part D during such period to those other loans under part D;

changed “(iv) if the recipient does not have other loans under part D, reimburse the recipient for any amounts paid on the Federal Direct Unsubsidized Stafford Loan under part D during such period; andperiod;

changed “(v) use the additional information provided under subparagraph (A) request that consumer reporting agencies remove any negative credit reporting due to determine the progress the recipient has made in meeting conversion of the service obligation.TEACH Grant to a loan; and

changed “(C) Extension of time to complete service obligation—In “(vi) use the case of a recipient whose grant additional information provided under this subpart was reinstated in accordance with subparagraph (B) prior to December 31, 2018, the Secretary may extend the time remaining for the recipient (A) to fulfill determine the service obligation for a period of time equal to progress the time that recipient had remaining to fulfill has made in meeting the service obligation 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).obligation.

changed “(D) Rule “(C) Extension of construction—Nothing in this paragraph shall be construed time to mean that the complete service obligation under this subpart is waived.”obligation—In the case of a recipient whose TEACH Grant was reinstated in accordance with subparagraph (B), the Secretary shall, upon such reinstatement—

added “(i) extend the time remaining for the recipient to fulfill the service obligation described in subsection (b)(1) to a period of time equal to—

added “(I) 8 years; minus

added “(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

added “(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)
in subsection (d), by adding at the end the following:

changed “(3) Communication with recipients—The Secretary shall ensure that each servicer for grants under this subpart notifies notify TEACH grant recipients by October 5 of each not less than once per calendar year regarding how to submit documentation regarding the grants employment certification under this subpart subsection (b)(1)(D) and the October 31 deadline established recommendations and requirements for submitting that certification under subsection (b)(1)(D).”(d)(5).

added “(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

added

added 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:

added “(5) Submission of employment certification

added “(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.

added “(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.

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

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

added “(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

added
(a)
added Section 3519(a) of the CARES Act (Public Law 116–136; 20 U.S.C. 1001 note) is amended—
(1)
added 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)
added in paragraph (1), by striking “and” after the semicolon;
(3)
added in paragraph (2), by striking “such section 420N.” and inserting “section 420N of such Act; and”; and
(4)
added by adding at the end the following:

added “(3) shall extend the service obligation window (as described in section 420N(b)(1)(A) of such Act) for a period of not more than 3 years, in addition to any extensions provided in accordance with subpart 9 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070g et seq.), in the case of a grant recipient whose service obligation window begins during, or includes—

added “(A) the qualifying emergency period; or

added “(B) a period of recession or economic downturn related to the qualifying emergency period, as determined by the Secretary in consultation with the Secretary of Labor.”

(b)
added Section 3519 of the CARES Act (Public Law 116–136; 20 U.S.C. 1001 note) is amended by adding at the end the following:

added “(c) Federal perkins loans—Notwithstanding section 465 of the Higher Education Act of 1965 (20 U.S.C. 1087ee), the Secretary shall waive the requirements of such section in regard to full-time service and shall consider an incomplete year of service of a borrower as fulfilling the requirement for a complete year of service under such section, if the service was interrupted due to a qualifying emergency.”

(c)
added Effective date— The amendments made by this section shall take effect as if included in the enactment of the CARES Act (Public Law 116–136).

Sec. 5 Implementation

added

added In carrying out this Act and any amendments made by this Act, or any regulations promulgated under this Act or under such amendments, the Secretary of Education may waive the application of—

(1)
added subchapter I of chapter 35 of title 44, United States Code (commonly known as the “Paperwork Reduction Act”);
(2)
added the master calendar requirements under section 482 of the Higher Education Act of 1965 (20 U.S.C. 1089);
(3)
added negotiated rulemaking under section 492 of the Higher Education Act of 1965 (20 U.S.C. 1098a); and
(4)
added the requirement to publish the notices related to the system of records of the agency before implementation required under paragraphs (4) and (11) of section 552a(e) of title 5, United States Code (commonly known as the “Privacy Act of 1974”), except that the notices shall be published not later than 180 days after the date of enactment of this Act.