Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS 164.768
NECESSITY, FUNCTION, AND CONFORMITY:
KRS 164.768 establishes
the math/science incentive loan program for awarding incentive loans to persons
declaring an intention to serve and who actually render service in the critical
teacher shortage fields of mathematics and science. Section 39 of House Bill 6,
enacted in the 1985 extraordinary session of the General Assembly, amended
KRS 156.611 to transfer
administration of this program from the Department of Education to the Kentucky
Higher Education Assistance Authority. It is necessary to the administration of
the program that the Assistance Authority promulgate this administrative
regulation to prescribe rules for the administration of the program. Section 1
of House Bill 74, enacted in the 1988 regular session of the General Assembly,
repealed
KRS 156.611 and
reenacted those provisions as
KRS 164.768. This
amendment is necessary and intended only to correct the statutory
citation.
Section 1. Definitions.
(1) "Public school" means a common school
operated under the laws of the Commonwealth of Kentucky.
(2) "Semester" means a period of about
eighteen (18) weeks, which usually makes up one-half (1/2) of a public school
year or one-half (1/2) of a participating institution's academic
year.
(3) "Qualified teaching
service" means employment in a critical shortage field in grades seven (7)
through twelve (12) in a public school in a position requiring a Kentucky
teacher's certificate for a major portion of a school day for at least seventy
(70) days during a semester.
(4)
"Participating institution" means an institution of higher education located in
Kentucky, which is approved by the State Board of Education to offer teacher
education programs, and which has in force an agreement with the authority
providing for administration of this program.
(5) "Critical shortage field" means the
teaching fields of mathematics and science specified in
KRS 164.768.
(6) "Qualified teacher education program"
means a program of study in a mathematics or science major or area of
concentration leading to teacher certification in one (1) of the critical
shortage fields.
Section
2. The Kentucky Higher Education Assistance Authority (authority)
shall, to the extent of appropriations for such purpose, award math/science
incentive loans (loans) to persons enrolled or accepted for enrollment in a
Qualified Teacher Education Program on a full-time basis at a participating
institution approved by the State Board of Education to offer Qualified Teacher
Education Programs, who declare an intention to teach in one (1) of the
critical shortage fields in the public schools of the Commonwealth, and who
meet the eligibility requirements set forth herein. Persons already possessing
certification in one (1) of the critical shortage fields may be awarded loans
to pursue certification in a different critical shortage field only upon a
statement by the local school district superintendent of exceptional need for a
teacher in that field.
Section 3.
Teacher Recertification Eligibility.
(1) Up to
thirty (30) percent of the annual appropriation for
KRS 164.768 will be
loaned to certified teachers who do not possess certification in one of the
critical shortage fields, who have been admitted to a qualified teacher
education program, approved by the State Board of Education, at a participating
institution as a summer school student, and who plan to complete requirements
for certification in the specified critical shortage field. An individual who
owes repayment of a grant or work-study award, or who is in default in
repayment of any loan owed to the authority, is not eligible to receive a loan
until such financial obligations to the authority are satisfied, provided,
however, that ineligibility for this reason may be waived, at the
recommendation of a designated staff review committee for cause.
(2) Eligible applicants for such loans must
already possess a Kentucky teacher certificate.
(3) For first time eligible applicants,
priority for such loans will be given in rank order established on the basis of
the following weighted criteria:
(a) Relative
need for teachers within the critical shortage field as determined by the
Department of Education or a survey of local school district superintendents.
Weight: maximum thirty (30) points out of 100.
(b) The applicant's cumulative grade point
average for undergraduate study. Weight: maximum twenty-five (25) points for
grade point averages in the 3.5 to 4.0 range; maximum twenty (20) points for
averages in the 3.0 to 3.4 range; and maximum fifteen (15) points for averages
in the 2.5 to 2.9 range.
(c)
National Teacher Examination (NTE) or Graduate Record Examination (GRE) scores.
Scores of applicants from minority population groups will be measured relative
to the average scores for such minority population groups, when available.
Weight: maximum twenty (20) points for scores in the ninety (90) to ninety-nine
(99) percentile range; maximum fifteen (15) points for scores in the eighty
(80) to eighty-nine (89) percentile range; maximum ten (10) points for scores
in the seventy (70) to seventy-nine (79) percentile range.
(d) Consideration to teachers teaching out of
field in one of the critical shortage fields on or before December 1 of the
year preceding the year for which the award is made. Weight: maximum fifteen
(15) points out of 100.
(e)
Proximity to completion of certification requirements in one of the critical
shortage fields. Weight: maximum ten (10) points out of 100.
(4) Once all the criteria in
subsection (3) of this section have been evaluated and two (2) or more
applicants are equally ranked, selection between the applicants will be made on
the basis of the date the application is received by the participating
institution.
(5) Certified
teachers, who received a loan under this program pursuant to prior
administrative regulations, to pursue certification in a critical shortage
field on a part-time basis during the regular school year, shall be eligible to
receive additional loans in accordance with this administrative regulation to
complete such certification. Such loans shall not exceed tuition and
institutional fees payable by such a recipient in a qualified teacher education
program.
(6) The amount of a summer
loan under this section for a recipient shall not exceed the total cost of
attendance determined by the participating institution. The maximum summer loan
for teachers enrolled full time in a qualified teacher education program shall
be $833 per summer session. The aggregate maximum for loans under this section
shall be $2500.
Section
4. Student Certification Eligibility.
(1) At least seventy (70) percent of the
annual appropriation for
KRS 164.768 will be used
to provide incentive loans to persons enrolled full time as a sophomore,
junior, or senior in a qualified teacher education program approved by the
State Board of Education at a participating institution with the intention of
obtaining certification to teach in one of the critical shortage fields. An
individual who owes repayment of a grant or work-study award, or who is in
default in repayment of any loan owed to the authority, is not eligible to
receive a loan until such financial obligations to the authority are satisfied,
provided, however, that ineligi-bility for this reason may be waived, at the
sole discretion of the executive director of the authority, for
cause.
(2) Eligible applicants for
loans must have a grade point average of at least 2.5 computed on a 4.0
scale.
(3) The participating
institution shall establish a screening committee to verify that applicants
from that institution are eligible for a loan under this section. The committee
will certify that eligible loan applicants have a reasonable chance for
completing the qualified teacher education program in the selected major. The
committee shall rank all eligible first-time applicants based on the following
criteria:
(a) Relative need for teachers
within the critical shortage fields as determined by the Department of
Education or a survey of local district superintendents. Weight: maximum fifty
(50) points.
(b) Cumulative high
school grade point average or, for persons holding a bachelor's degree,
cumulative undergraduate grade point average. Weight: maximum thirty (30)
points for averages in the 3.5 to 4.0 range; maximum twenty (20) points for
averages in the 3.0 to 3.4 range; and maximum ten (10) points for averages in
the 2.5 to 2.9 range.
(c) College
entrance examination score or, for persons holding a bachelor's degree,
Graduate Record Examination (GRE) score. Scores of applicants from minority
population groups will be measured relative to the norms for such minority
population groups, when available. Weight: maximum twenty (20) points for
scores in the ninety (90) to ninety-nine (99) percentile range; maximum fifteen
(15) points for scores in the eighty (80) to eighty-nine (89) percentile range;
maximum ten (10) points for scores in the seventy (70) to seventy-nine (79)
percentile range.
(4)
Once all criteria in subsection (3) of this section have been evaluated and two
(2) or more applicants are equally ranked, priority shall be given first to
graduates of Kentucky high schools and second to Kentucky residents, and then
based upon the date the application is received by the participating
institution
(5) The amount of loan
under this section for a student shall not exceed the student's total cost of
attendance determined by the participating institution. The maximum amount of
loan for recipients under this section shall be $1,250 per semester or $2,500
per academic year. Summer school loans shall not exceed $833, and shall be in
addition to the academic year maximum. The aggregate maximum for loans under
this section shall be $7,500.
Section
5. Application. Applications for loans will be received, evaluated
and verified by the screening committee at the participating institution where
the applicant intends to enroll. Applications must be submitted by a deadline
set annually by the authority. The participating institution shall forward the
applications, ranking, and supporting documentation of the eligible applicants
to the authority. Loans for summer session attendance shall be made upon
separate application.
Section 6.
Renewal. Applicants who have successfully completed one (1) or more summer
sessions or semesters in the program, maintain a 2.5 grade point average
computed on a 4.0 scale and make normal progress toward completion of
certification requirements in one (1) of the critical shortage fields, as
determined by the participating institution, qualify for subsequent loans, upon
application, and shall receive priority over new applicants. Loans pursuant to
Section 3 of this administrative regulation shall be renewed for a maximum of
two (2) summer sessions.
Section 7.
Use of Loan Proceeds. Proceeds of a loan under Sections 3 or 4 of this
administrative regulation shall be used by the recipient first for payment of
tuition and other institutional charges payable by the recipient to the
participating institution, and thereafter for other educational related
expenses.
Section 8. Reallocation
of Funds.
(1) principal and interest paid by
recipients, and any money not utilized under Section 3 of this administrative
regulation shall be used to make additional loans under Section 4 of this
administrative regulation.
(2) In
the event that funds are not sufficient to award all applicants, loans shall
first be awarded to those qualifying applicants who previously received loans.
In the event that funds are insufficient to award all prior recipients who are
qualified applicants, then loans shall be prorated in accordance with the
cumulative amount previously received by the applicant. If funds are sufficient
to award new applicants, an award shall be made first to the applicant with the
highest score on the selection criteria and, thereafter, in descending order to
persons having lower scores until all available funds are exhausted.
Section 9. Disbursements.
Disbursements of loans shall be made at the beginning of each semester or
summer session and such disbursement shall be evidenced by a promissory note,
prescribed by the authority, in which the loan recipient shall agree to repay
the loan or render qualified teaching service in lieu thereof.
Section 10. Notifications. Recipients shall
notify the authority within thirty (30) days of:
(1) Change in enrollment status;
(2) Cessation of enrollment in a qualified
teacher education program;
(3)
Employment in a qualified teaching service position; or
(4) Change of address.
Section 11. Withdrawals. Loan recipients who,
prior to completion, cease to be enrolled on a full-time basis in a qualified
teacher education program at a participating institution, shall immediately
become liable for the repayment to the authority of the sum of all loans
received plus interest accrued thereon unless such recipient has an approved
deferment pursuant to
11 KAR
7:020. For purposes of this section, teachers seeking
recertification in accordance with Section 3 of this administrative regulation
are considered enrolled on a full-time basis for so long as they continue to
enroll full time in consecutive summer sessions while making normal progress
toward completion of certification requirements as determined by the
participating institution.
Section
12. Repayment. Recipients who do not begin employment in a
qualified teaching service position within the six (6) month period following
completion of a qualified teacher education program in a participating
institution (excluding periods of deferment pursuant to
11 KAR
7:020) shall immediately become liable to the
authority for repayment of principal and interest accrued, pursuant to the
earliest promissory note then outstanding. In each semester thereafter, during
which a recipient does not render qualified teaching service, repayment of an
additional promissory note shall become due, proceeding sequentially from the
promissory note having the earliest date to the most recent date.
Section 13. Repayment Schedule. Written
notification of demand shall be sent by the authority to the loan recipient's
last known address and shall be effective upon mailing. The authority may
agree, in its sole discretion, to accept repayment in installments in
accordance with a schedule established by the authority. In the event that more
than one (1) promissory note has come due for repayment and remains unpaid,
then payments shall first be applied to the earliest unpaid promissory note.
Payments shall be applied first to accrued interest and then to
principal.
Section 14.
Cancellation.
(1) In order to receive
cancellation of a promissory note and the interest thereon, a loan recipient
must render qualified teaching service in a public school during a semester.
One such promissory note shall be cancelled for each semester during which
qualified teaching service is verified to the authority. Such cancellations of
promissory notes shall be in sequential order beginning with the earliest
promissory note.
(2) In the event
that a recipient has received loans or scholarships from more than one (1)
program administered by the authority, which require a period of qualified
teaching service for repayment or cancellation, such teaching requirements
shall not be fulfilled concurrently. Unless the authority determines otherwise
for cause, loans or scholarships from more than one (1) program shall be repaid
or cancelled by qualified teaching service in the same order in which they were
received.
(3) Verification of
qualified teaching service shall be submitted to the authority in writing,
signed by the local school district superintendent or building principal,
within thirty (30) days of the date a loan recipient completes such qualified
teaching service.
Section
15. Interest. The interest rate on loans made under
KRS 156.611 or
164.768 after July 1,
1986, shall be twelve (12) percent per annum simple interest. The interest rate
shall remain fixed for the duration of the loan. Interest accruing on the
unpaid principal of each promissory note shall be computed from the date of
disbursement of the respective promissory note, and such interest shall
continue to accrue until the promissory note is paid in full pursuant to
Sections 11 or 12 of this administrative regulation or cancelled pursuant to
Section 14 of this administrative regulation. In the event that the loan is not
repaid or cancelled in accordance with the terms of the promissory note and
related repayment schedule, if any, and judgment is rendered on the debt, then
the annual interest rate shall, from the date of such judgment, not exceed four
(4) percent in excess of the discount rate on ninety (90) day commercial paper
in effect at the Federal Reserve Bank in the Federal Reserve District where the
transaction is consummated or nineteen (19) percent, whichever is less,
provided that it shall not be less than the face rate of the promissory
note.
Section 16. Records. A
participating institution shall maintain complete and accurate records
pertaining to the eligibility, enrollment and progress of students receiving
aid under this program and the disbursement of funds and institutional charges
as may be necessary to audit the disposition of funds hereunder. Such records
shall be maintained for at least five (5) years after the student ceases to be
enrolled at the participating institution.
Section 17. Refunds. A participating
institution shall refund to the authority, within forty (40) days of a
recipient's last date of attendance, any amount attributable to this program
which is determined to be due under the institution's refund policy.
Section 18. Information Dissemination and
Recruitment. The authority shall disseminate information through high school
counselors and school superintendents about this program to potential
recipients. Participating institutions shall provide assurances that program
information will be disseminated to freshmen and sophomores enrolled at that
institution. Participating institutions shall actively recruit students from
minority population groups for participation in this program.
STATUTORY AUTHORITY:
KRS
164.748(4),
164.768(10)