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20 U.S.C. § 1104b

Section 1104b · Grant applications

Amended 1 time on record

(a) Submission of applications

The Secretary is authorized to make grants to States in accordance with the provisions of this subpart. In order to receive a grant under this subpart, a State shall submit an application at such time or times, in such manner, and containing such information as the Secretary may prescribe by regulation. Such application shall set forth a program of activities for carrying out the purposes set forth in section 1104 of this title in such detail as will enable the Secretary to determine the degree to which such program will accomplish such purposes and such other policies, procedures, and assurances as the Secretary may require by regulation.

(b) Content of applications

The Secretary shall approve an application under this subpart only if the application—

(1) describes the selection criteria and procedures to be used by the State in the selection of scholarship recipients under this subpart;

(2) designates as the State agency responsible for administering the grants received under this subpart the State agency which administers the program under subpart 4 of part A of subchapter IV of this chapter (relating to State student incentive grants), the State agency with which the Secretary has an agreement under section 1078(b) of this title, or another appropriate State agency approved by the Secretary;

(3) describes the outreach effort the State agency intends to use to publicize the availability of Paul Douglas Scholarships to secondary school students in the State;

(4) describes how the State will inform recipients, upon receipt of the award, of current and projected teacher shortages and surpluses within the State;

(5) provides assurances that each recipient eligible under section 1104d(b) of this title who receives a Paul Douglas Scholarship shall enter into an agreement with the State agency under which the recipient shall—

(A) within the 10-year period after completing the postsecondary education for which the Paul Douglas Teacher Corps Scholarship was awarded, teach for a period of not less than 2 years for each year for which assistance was received, in a public or private nonprofit preschool, elementary, or secondary school in any State, or, on a full-time basis, children with disabilities or children with limited English proficiency in a private nonprofit school, except that, in the case of individuals who teach in a shortage area established by the Secretary pursuant to section 1104j of this title, the requirements of this subparagraph shall be reduced by one-half;

(B) provide the State agency evidence of compliance with section 1104e of this title as required by the State agency; and

(C) repay all or part of a Paul Douglas Scholarship received under section 1104c of this title plus interest and, if applicable, reasonable collection fees, in compliance with regulations issued by the Secretary under section 1104f of this title, in the event that the conditions of subparagraph (A) are not complied with, except as provided for in section 1104g of this title;

(6) provides that the agreement entered into with recipients shall fully disclose the terms and conditions under which assistance under this subpart is provided and under which repayment may be required, including—

(A) a description of the procedures required to be established under paragraph (7); and

(B) a description of the appeals procedures required to be established under paragraph (8) under which a recipient may appeal a determination of noncompliance with any provision under this subpart;

(7) provides for procedures under which a recipient of assistance received under this subpart who teaches for less than the period required under paragraph (5)(A) will have the repayment requirements reduced or eliminated consistent with the provisions of sections 1104f and 1104g of this title;

(8) provides for appeals procedures under which a recipient may appeal any determination of noncompliance with any provision under this subpart; and

(9) provides assurances that the State agency shall make particular efforts to attract students from low-income backgrounds; ethnic and racial minority students; individuals with disabilities; other individuals from groups historically underrepresented in teaching; individuals who express a willingness or desire to teach in rural schools, urban schools, or schools having less than average academic results or serving large numbers of economically disadvantaged students; or women or minorities who show interest in pursuing teaching careers in mathematics and science and who are underrepresented in such fields.

(c) Selection criteria and procedures

The State educational agency, in cooperation with the State higher education agency, and pursuant to scholarship selection criteria included in section 1104d of this title, shall establish criteria to select Paul Douglas Teacher Scholarship recipients. These criteria shall be intended to attract highly qualified individuals into teaching, to ensure that these students are enrolled or are accepted for enrollment in approved teacher education programs, and to meet the present and projected needs of States in addressing teacher shortages, including the demand for and supply of early childhood and elementary teachers in the State, the demand for and supply of secondary teachers in the State, and the demand for teachers with training in specific academic disciplines in the State.

(d) Special consideration

The State educational agency, in cooperation with the State higher education agency, shall give special consideration in the selection of scholarship recipients to individuals who—

(1) intend to teach or provide related services to students with disabilities;

(2) intend to teach limited English proficient students;

(3) intend to teach preschool age children;

(4) intend to teach in schools servicing inner city or rural or geographically isolated areas (as defined by the Secretary by regulations consistent with the purposes of this section);

(5) intend to teach in curricular areas or geographic areas where there are demonstrated shortages of qualified teachers; or

(6) are from disadvantaged backgrounds, including racial and ethnic minorities and individuals with disabilities, and are underrepresented in the teaching profession or in the curricular areas in which they are preparing to teach.

(e) Solicitation of views on selection criteria and procedures

In developing the selection criteria and procedures to be used by the State, the State shall solicit the views of local educational agencies, private educational institutions, and other interested parties. Such views—

(1) shall be solicited by means of—

(A) written comments; and

(B) publication of proposed selection criteria and procedures in final form for implementation; and

(2) may be solicited by means of—

(A) public hearings on the teaching needs of elementary and secondary schools in the State (including the number of new teachers needed, the expected supply of new teachers, and the shortages in the State of teachers with specific preparation); or

(B) such other methods as the State may determine to be appropriate to gather information on such needs.

Editorial notes U.S. Code · Office of the Law Revision Counsel

Prior Provisions

A prior section 523 of Pub. L. 89 329, title V, as added Pub. L. 99 498, title V, §501(a), Oct. 17, 1986, 100 Stat. 1498, related to division of grants between school-year and summer programs, amount and use of grants, and preferences in making grants and was classified to section 1105b of this title, prior to the general revision of this subchapter by Pub. L. 102 325.

Another prior section 523 of Pub. L. 89 329, title V, Nov. 8, 1965, 79 Stat. 1259, as amended, required allocation of fellowships to institutions with approved programs and set forth criteria for approval of programs and was classified to section 1113 of this title, prior to repeal by Pub. L. 94 482, title I, §151(a)(4)(A), Oct. 12, 1976, 90 Stat. 2152, eff. Sept. 30, 1976.

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