REST Act

II 116TH CONGRESS 1ST SESSION S. 1157 To amend the Higher Education Act of 1965 to establish a scholarship program for educators of rural students and provide for loan forgiveness for rural educators, to amend the Elementary and Secondary Education Act of 1965 to provide professional development grants for rural elemen- tary schools and secondary schools, and for other purposes. IN THE SENATE OF THE UNITED STATES APRIL 11, 2019 Mr. TESTER (for himself and Mr. KAINE) 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 to establish a scholarship program for educators of rural students and provide for loan forgiveness for rural educators, to amend the Elementary and Secondary Education Act of 1965 to provide professional development grants for rural elementary schools and secondary schools, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 02:52 Apr 18, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1157.IS S1157 kjohnson on DSK79L0C42 with BILLS 2 •S 1157 IS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Rural Educator Sup- 2 port and Training Act’’ or the ‘‘REST Act’’. 3 TITLE I—STUDENT ASSISTANCE 4 Subtitle A—Scholarships for the 5 Study of Education and School 6 Administration 7 SEC. 101. SCHOLARSHIP PROGRAMS FOR EDUCATORS OF 8 RURAL STUDENTS. 9 Part B of title II of the Higher Education Act of 10 1965 (20 U.S.C. 1031 et seq.) is amended by adding at 11 the end the following: 12 ‘‘Subpart 6—Rural Educator Scholarship Program 13 ‘‘SEC. 259. PURPOSE; DEFINITION OF BUREAU-FUNDED 14 SCHOOL. 15 ‘‘(a) PURPOSE.—The purpose of this subpart is to 16 provide a more stable base of education professionals to 17 serve in rural public elementary schools and secondary 18 schools, local educational agencies, and State educational 19 agencies. 20 ‘‘(b) BUREAU-FUNDED SCHOOL.—In this subpart, 21 the term ‘Bureau-funded school’ has the meaning given 22 the term in section 1141 of the Education Amendments 23 of 1978 (25 U.S.C. 2021). 24 VerDate Sep 11 2014 02:52 Apr 18, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1157.IS S1157 kjohnson on DSK79L0C42 with BILLS 3 •S 1157 IS ‘‘SEC. 259A. TERMS AND CONDITIONS OF CONTRACTS FOR 1 SCHOLARSHIP GRANTS. 2 ‘‘(a) IN GENERAL.—Unless otherwise specified, a 3 scholarship grant under this subpart shall have the terms 4 and conditions described in this section. 5 ‘‘(b) CONTENTS OF CONTRACT.— 6 ‘‘(1) IN GENERAL.—The written contract be- 7 tween the Secretary and the individual receiving a 8 scholarship grant under this subpart shall contain 9 the following: 10 ‘‘(A) A statement that the Secretary 11 agrees to provide the individual with a scholar- 12 ship in accordance with section 259B or 259C, 13 as the case may be. 14 ‘‘(B) A statement that the individual 15 agrees— 16 ‘‘(i) to accept the relevant scholarship 17 under this subpart; 18 ‘‘(ii) to maintain enrollment in the 19 course of study for which the scholarship 20 was awarded until the individual completes 21 the course of study; 22 ‘‘(iii) while enrolled in such course of 23 study, to maintain an acceptable level of 24 academic standing (as determined by the 25 Secretary, taking into account the require- 26 VerDate Sep 11 2014 02:52 Apr 18, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1157.IS S1157 kjohnson on DSK79L0C42 with BILLS 4 •S 1157 IS ments of the institution of higher edu- 1 cation offering such course of study); and 2 ‘‘(iv) to serve, through full-time em- 3 ployment at an eligible school or eligible 4 service employer (as described under sec- 5 tion 259B or 259C, as the case may be), 6 for a time period (referred to in this sec- 7 tion as the ‘period of obligated service’) 8 equal to the greater of— 9 ‘‘(I) 1 year for the equivalent of 10 each school year for which the indi- 11 vidual was provided a scholarship 12 under this subpart; or 13 ‘‘(II) 3 years. 14 ‘‘(C) A statement of the damages to which 15 the United States is entitled, under subsection 16 (d), for the individual’s breach of the contract. 17 ‘‘(D) Any other relevant statements of the 18 rights and liabilities of the Secretary and of the 19 individual, in accordance with the provisions of 20 this subpart. 21 ‘‘(2) PERIOD OF OBLIGATED SERVICE.— 22 ‘‘(A) IN GENERAL.—The recipient of a 23 scholarship grant under this subpart shall be 24 VerDate Sep 11 2014 02:52 Apr 18, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1157.IS S1157 kjohnson on DSK79L0C42 with BILLS 5 •S 1157 IS required to carry out a period of obligated serv- 1 ice, as described in paragraph (1)(B)(iv). 2 ‘‘(B) DEFERMENT.— 3 ‘‘(i) IN GENERAL.—At the request of 4 an individual who has entered into a con- 5 tract described in this subsection, the Sec- 6 retary shall grant a deferment for the pe- 7 riod of obligated service of such individual 8 under such contract for any of the fol- 9 lowing reasons: 10 ‘‘(I) ADVANCED STUDY.—For ad- 11 vanced study to enable such individual 12 to complete a course of study leading 13 to an advanced degree in elementary 14 or secondary education or school ad- 15 ministration, or needed to become cer- 16 tified by a State or Indian tribe to 17 teach, for an appropriate period (in 18 years, as determined by the Sec- 19 retary). 20 ‘‘(II) FAMILY AND MEDICAL 21 LEAVE.—For family or medical leave 22 for a period in alignment with section 23 102 of the Family and Medical Leave 24 VerDate Sep 11 2014 02:52 Apr 18, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1157.IS S1157 kjohnson on DSK79L0C42 with BILLS 6 •S 1157 IS Act of 1993 (29 U.S.C. 2612) and as 1 approved by the Secretary. 2 ‘‘(III) MILITARY SERVICE.—If 3 the individual is a member of the Na- 4 tional Guard or other reserve compo- 5 nent of the Armed Forces of the 6 United States, or a member of such 7 Armed Forces in a retired status, and 8 such individual is called or ordered to 9 active duty (as defined in section 10 101(d)(1) of title 10, United States 11 Code), such individual shall be eligible 12 for a deferment during the period of 13 active duty and for an appropriate pe- 14 riod (as determined by the Secretary) 15 after returning from active duty. 16 ‘‘(ii) CONDITIONS OF DEFERMENT.— 17 A deferment granted under clause (i) shall 18 be subject to the following conditions: 19 ‘‘(I) The deferment period shall 20 not be counted as satisfying any pe- 21 riod of obligated service that is re- 22 quired under this section. 23 VerDate Sep 11 2014 02:52 Apr 18, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1157.IS S1157 kjohnson on DSK79L0C42 with BILLS 7 •S 1157 IS ‘‘(II) The period of obligated 1 service of the individual shall com- 2 mence at the later of— 3 ‘‘(aa) 90 days after the com- 4 pletion of the deferment period; 5 ‘‘(bb) the commencement of 6 the first school year at the school 7 where the individual has been 8 hired that begins after the com- 9 pletion of the deferment; or 10 ‘‘(cc) a date specified by the 11 Secretary. 12 ‘‘(C) PART-TIME STUDY.—In the case of 13 an individual receiving a scholarship under this 14 subpart who is enrolled part-time in an ap- 15 proved course of study— 16 ‘‘(i) a scholarship under this subpart 17 shall be for a period of years not to exceed 18 the part-time equivalent of 4 years, as de- 19 termined by the Secretary; 20 ‘‘(ii) the period of obligated service 21 shall be equal to the greater of— 22 ‘‘(I) 1 year for the equivalent of 23 each full-time academic year for which 24 the individual was provided a scholar- 25 VerDate Sep 11 2014 02:52 Apr 18, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1157.IS S1157 kjohnson on DSK79L0C42 with BILLS 8 •S 1157 IS ship (as determined by the Secretary 1 by adding the fractions of a full-time 2 academic year that each period of 3 part-time attendance comprises); or 4 ‘‘(II) 3 years; and 5 ‘‘(iii) the amount of the monthly sti- 6 pend specified in subsection (c) shall be re- 7 duced pro rata, as determined by the Sec- 8 retary, based on the number of hours of 9 study in which such individual is enrolled. 10 ‘‘(c) SCHOLARSHIP.— 11 ‘‘(1) IN GENERAL.—A scholarship provided to a 12 student under this subpart for a school year shall 13 equal the amount of— 14 ‘‘(A) the tuition of the student; 15 ‘‘(B) all other reasonable educational ex- 16 penses incurred by the student in such school 17 year, including fees, books, laboratory expenses, 18 and other expenses as determined by the Sec- 19 retary; and 20 ‘‘(C) a stipend of $800 per month (ad- 21 justed in accordance with paragraph (3)) for 22 each of the 12 consecutive months beginning 23 with the first month of such school year. 24 VerDate Sep 11 2014 02:52 Apr 18, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1157.IS S1157 kjohnson on DSK79L0C42 with BILLS 9 •S 1157 IS ‘‘(2) PAYMENT TO AN INSTITUTION OF HIGHER 1 EDUCATION.—The Secretary may contract with an 2 institution of higher education in which a participant 3 in the scholarship program under this subpart is en- 4 rolled for the payment to such institution on behalf 5 of the student of the amounts of tuition and other 6 reasonable educational expenses described in sub- 7 paragraphs (A) and (B) of paragraph (1). Payment 8 to such institution may be made without regard to 9 subsections (a) and (b) of section 3324 of title 31, 10 United States Code. 11 ‘‘(3) STIPEND.—The amount of the monthly 12 stipend described in paragraph (1)(C) shall be in- 13 creased by the Secretary for each school year ending 14 in a fiscal year beginning after September 30, 2018, 15 by the amount (rounded to the next highest multiple 16 of $1) equal to the amount of such stipend multi- 17 plied by the percentage adjustment in the rates of 18 pay under the General Schedule taking effect under 19 section 5303 of title 5, United States Code, during 20 the fiscal year in which such school year ends (if 21 such adjustment is an increase). 22 ‘‘(d) LIABILITY; FAILURE TO COMPLETE THE PE- 23 RIOD OF OBLIGATED SERVICE; REPAYMENT.— 24 VerDate Sep 11 2014 02:52 Apr 18, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1157.IS S1157 kjohnson on DSK79L0C42 with BILLS 10 •S 1157 IS ‘‘(1) LIABILITY.—An individual who has en- 1 tered into a written contract with the Secretary 2 under this section shall be liable to the United 3 States for the amount that has been paid to, or on 4 behalf of, such individual under the contract, if such 5 individual— 6 ‘‘(A) fails to maintain an acceptable level 7 of academic standing in the institution of high- 8 er education in which the individual is enrolled 9 (as determined by the Secretary taking into ac- 10 count the requirements of the institution of 11 higher education offering such course of study); 12 ‘‘(B) is dismissed from such institution of 13 higher education for disciplinary reasons; 14 ‘‘(C) voluntarily terminates the training in 15 such institution of higher education for which 16 such individual is provided a scholarship under 17 such contract before the completion of such 18 training; or 19 ‘‘(D) fails to accept payment, or instructs 20 the institution of higher education in which 21 such individual is enrolled not to accept pay- 22 ment, under this section. 23 ‘‘(2) FAILURE TO COMPLETE THE PERIOD OF 24 OBLIGATED SERVICE.—An individual who has en- 25 VerDate Sep 11 2014 02:52 Apr 18, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1157.IS S1157 kjohnson on DSK79L0C42 with BILLS 11 •S 1157 IS tered into a written contract with the Secretary 1 under this section may petition the Secretary to 2 delay the date on which the individual would other- 3 wise be required to begin the period of obligated 4 service if such individual has not succeeded in ob- 5 taining employment required by this section. In sup- 6 port of such petition, the individual shall supply 7 such reasonable information as the Secretary may 8 require. The Secretary shall retain full discretion re- 9 garding the decision about whether to grant or de- 10 cline such a delay and to determine the duration of 11 any delay that is granted. 12 ‘‘(3) REPAYMENT.— 13 ‘‘(A) IN GENERAL.—An individual who has 14 entered into a written contract with the Sec- 15 retary under this section and who is liable for 16 any amount of damages which the United 17 States is entitled to recover under this sub- 18 section shall— 19 ‘‘(i) begin payment of such damages 20 to the United States within 1 year of the 21 date of the breach or on such later date as 22 specified by the Secretary; and 23 VerDate Sep 11 2014 02:52 Apr 18, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1157.IS S1157 kjohnson on DSK79L0C42 with BILLS 12 •S 1157 IS ‘‘(ii) repay the amount of such dam- 1 ages in full following a schedule and by a 2 deadline determined by the Secretary. 3 ‘‘(B) RECOVERY OF DAMAGES.—If dam- 4 ages described in subparagraph (A) are delin- 5 quent for 3 months, the Secretary shall, for the 6 purpose of recovering such damages— 7 ‘‘(i) utilize collection agencies con- 8 tracted with by the Administrator of the 9 General Services Administration; or 10 ‘‘(ii) enter into contracts for the re- 11 covery of such damages with collection 12 agencies selected by the Secretary. 13 ‘‘(C) CONTRACTS FOR RECOVERY OF DAM- 14 AGES.—Each contract for recovering damages 15 pursuant to this paragraph shall provide that 16 the contractor will, not less than once every 6 17 months, submit to the Secretary a status report 18 on the success of the contractor in collecting 19 such damages. Section 3718 of title 31, United 20 States Code, shall apply to any such contract to 21 the extent not inconsistent with this subsection. 22 ‘‘(4) DEATH.—Upon the death of an individual 23 who receives, or has received, a scholarship under 24 this subpart, any obligation of such individual for 25 VerDate Sep 11 2014 02:52 Apr 18, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1157.IS S1157 kjohnson on DSK79L0C42 with BILLS 13 •S 1157 IS service or payment that relates to such scholarship 1 shall be canceled. 2 ‘‘(5) WAIVER.— 3 ‘‘(A) REQUIRED WAIVER.—The Secretary 4 shall provide for the partial or total waiver or 5 suspension of any obligation of service or pay- 6 ment of a recipient of a scholarship under this 7 subpart, if the Secretary determines that— 8 ‘‘(i) it is not possible for the recipient 9 to meet the obligation or make the pay- 10 ment; 11 ‘‘(ii) requiring the recipient to meet 12 the obligation or make the payment would [Text truncated for display. 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