§1151. Assistance to separated members to obtain certification and employment as teachers or employment as teachers' aides

(a) Placement Program.-The Secretary of Defense, and the Secretary of Transportation with respect to the Coast Guard, may establish a program-

(1) to assist eligible members of the armed forces after their separation from active duty to obtain-

(A) certification or licensure as elementary or secondary school teachers; or

(B) the credentials necessary to serve as teachers' aides; and

(2) to facilitate the employment of such members by local educational agencies identified under subsection (b)(2) as experiencing a shortage of teachers or teachers' aides.

(b) States with Alternative Certification Requirements and Teacher and Teacher's Aide Shortages.-Upon the establishment of the placement program authorized by subsection (a), the Secretary of Defense and the Secretary of Transportation, in consultation with the Secretary of Education, shall-

(1) conduct a survey of States to identify those States that have alternative certification or licensure requirements for teachers, including those States that grant credit for service in the armed forces toward satisfying certification or licensure requirements for teachers;

(2) periodically request information from States identified under paragraph (1) to identify in these States those local educational agencies that-

(A) are receiving grants under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2701 ¹ et seq.) as a result of having within their jurisdictions concentrations of children from low-income families; and

(B) are also experiencing a shortage of qualified teachers, in particular a shortage of science, mathematics, or engineering teachers; and

(3) periodically request information from all States to identify local educational agencies that-

(A) are receiving grants under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2701 ¹ et seq.) as a result of having within their jurisdictions concentrations of children from low-income families; and

(B) are experiencing a shortage of teachers' aides.

(c) Eligible Members.-(1) Except as provided in paragraph (2), a member shall be eligible for selection to participate in the placement program authorized by subsection (a) if the member-

(A) during the nine-year period beginning on October 1, 1990, is discharged or released from active duty after six or more years of continuous active duty immediately before the discharge or release;

(B) has received-

(i) in the case of a member applying for assistance for placement as an elementary or secondary school teacher, a baccalaureate or advanced degree from an accredited institution of higher education; or

(ii) in the case of a member applying for assistance for placement as a teacher's aide in an elementary or secondary school, an associate, baccalaureate, or advanced degree from an accredited institution of higher education or a junior or community college; and

(C) satisfies such other criteria for selection as the Secretary of Defense, or the Secretary of Transportation with respect to the Coast Guard, may prescribe.

(2) For purposes of this section, a former member of the armed forces who did not meet the minimum educational qualification criterion set forth in paragraph (1)(B)(i) for teacher placement assistance before discharge or release from active duty shall be considered to be a member satisfying such educational qualification criterion upon satisfying that criterion within five years after discharge or release from active duty.

(3) A member who is discharged or released from service under other than honorable conditions shall not be eligible to participate in the program.

(d) Information Regarding Placement Program.-The Secretary of Defense and the Secretary of Transportation shall provide information regarding the placement program, and make applications for the program available, to members as part of preseparation counseling provided under section 1142 of this title. The information provided to members shall identify those States that have alternative certification or licensure requirements for teachers, including those States that grant credit for service in the armed forces toward satisfying such requirements, and indicate those local educational agencies identified under subsection (b)(2) as experiencing a shortage of qualified teachers or teachers' aides.

(e) Selection of Participants.-(1) Selection of members to participate in the placement program authorized by subsection (a) shall be made on the basis of applications submitted to the Secretary of Defense, and the Secretary of Transportation with respect to the Coast Guard, on a timely basis. An application shall be in such form and contain such information as the Secretaries may require. An application shall be considered to be submitted on a timely basis if the application is submitted as follows:

(A) Except as provided in subparagraphs (B) and (C), not later than one year after the date of the discharge or release of the applicant from active duty.

(B) In the case of an applicant discharged or released from active duty before January 19, 1994, not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 1995.

(C) In the case of an applicant becoming educationally qualified for teacher placement assistance in accordance with subsection (c)(2) after the date of the discharge or release of the applicant from active duty, not later than one year after the date on which the applicant becomes educationally qualified.

(2) In selecting participants to receive assistance for placement as elementary or secondary school teachers, the Secretaries shall give priority to members who-

(A) have educational or military experience in science, mathematics, or engineering and agree to seek employment as science, mathematics, or engineering teachers in elementary or secondary schools; or

(B) have educational or military experience in another subject area identified by the Secretaries, in consultation with the Secretary of Education, as important for national educational objectives and agree to seek employment in that subject area in elementary or secondary schools.

(3) The Secretary of Defense, and the Secretary of Transportation with respect to the Coast Guard, may not select a member to participate in the program unless the Secretary concerned has sufficient appropriations for the placement program available at the time of the selection to satisfy the obligations to be incurred by the United States under subsections (g) and (h) with respect to that member.

(4)(A) The Secretaries shall provide under the program for identifying, during each fiscal year in the period referred to in subsection (c)(1)(A), noncommissioned officers who, on or before the end of such fiscal year, will have completed 10 or more years of continuous active duty, who have the potential to perform competently as elementary or secondary school teachers, but who do not satisfy the minimum educational qualification criterion under subsection (c)(1)(B)(i) for teacher placement assistance.

(B) The Secretaries shall inform noncommissioned officers identified under subparagraph (A) of the opportunity to qualify in accordance with subsection (c)(2) for teacher placement assistance under the program.

(f) Agreement.-A member selected to participate in the placement program authorized by subsection (a) shall be required to enter into an agreement with the Secretary of Defense, or the Secretary of Transportation with respect to the Coast Guard, in which the member agrees-

(1) to obtain, within such time as the Secretary concerned may require, certification or licensure as an elementary or secondary school teacher or the necessary credentials to serve as a teacher's aide in an elementary or secondary school; and

(2) to accept-

(A) in the case of a member selected for assistance for placement as a teacher, an offer of full-time employment as an elementary or secondary school teacher for not less than five school years with a local educational agency identified under subsection (b)(2), to begin the school year after obtaining that certification or licensure; or

(B) in the case of a member selected for assistance for placement as a teacher's aide, an offer of full-time employment as a teacher's aide in an elementary or secondary school for not less than five school years with a local educational agency identified under subsection (b)(3), to begin the school year after obtaining the necessary credentials.

(g) Stipend for Participants.-(1) Except as provided in paragraph (2), the Secretary of Defense, and the Secretary of Transportation with respect to the Coast Guard, shall pay to each participant in the placement program a stipend in an amount equal to the lesser of-

(A) $5,000; or

(B) the total costs of the type described in paragraphs (1), (2), (3), (8), and (9) of section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll) incurred by the participant while obtaining teacher certification or licensure or the necessary credentials to serve as a teacher's aide and employment as an elementary or secondary school teacher or teacher aide.

(2) A member who is separated under the special separation benefits program under section 1174a of this title, receives voluntary separation payments under section 1175 of this title, or retires pursuant to the authority provided in section 4403 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 1293 note) shall not be paid a stipend under paragraph (1).

(3) A stipend paid under paragraph (1) shall be taken into account in determining the eligibility of the participant for Federal student financial assistance provided under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).

(h) Grants to Facilitate Placement.-(1) In the case of a participant in the placement program obtaining teacher certification or licensure, the Secretary of Defense and the Secretary of Transportation may offer to enter into an agreement under this subsection with the first local educational agency identified under subsection (b)(2) that employs the participant as a full-time elementary or secondary school teacher after the participant obtains teacher certification or licensure.

(2) In the case of a participant in the program obtaining credentials to serve as a teacher's aide, the Secretary concerned may offer to enter into an agreement under this subsection with the first local educational agency identified under subsection (b)(3) that employs the participant as a full-time teacher's aide.

(3) Under an agreement referred to in paragraph (1) or (2)-

(A) the local educational agency shall agree to employ the participant full time for not less than five consecutive school years (at a basic salary to be certified to the Secretary concerned) in a school of the local educational agency serving a concentration of children from low-income families; and

(B) the Secretary concerned shall agree to pay to the local educational agency an amount based upon the basic salary paid by the local educational agency to the participant as a teacher or teacher's aide. The rate of payment by the Secretary concerned shall be as follows:

(i) For the first school year of employment, 50 percent of the basic salary, except that the payment may not exceed $25,000.

(ii) For the second school year of employment, 40 percent of the basic salary, except that the payment may not exceed $10,000.

(iii) For the third school year of employment, 30 percent of the basic salary, except that the payment may not exceed $7,500.

(iv) For the fourth school year of employment, 20 percent of the basic salary, except that the payment may not exceed $5,000.

(v) For the fifth school year of employment, 10 percent of the basic salary, except that the payment may not exceed $2,500.

(4) Payments required under paragraph (2) may be made by the Secretary concerned in such installments as the Secretary concerned may determine.

(5) If a participant leaves the employment of a local educational agency before the end of the five years of required service, the local educational agency shall reimburse the Secretary concerned in an amount that bears the same ratio to the total amount already paid under the agreement as the unserved portion bears to the five years of required service.

(6) The Secretary concerned may not make a grant under this subsection to a local educational agency if the Secretary concerned determines that the agency terminated the employment of another employee in order to fill the vacancy so created with a participant.

(7)(A) In addition to the agreements referred to in paragraphs (1) and (2), the Secretary of Defense, and the Secretary of Transportation with respect to the Coast Guard, may enter into an agreement directly with a State identified pursuant to subsection (b)(1) to allow the State to arrange the placement of participants in the placement program with local educational agencies identified pursuant to subsection (b)(2) or (b)(3). The Secretary concerned shall consult with the Secretary of Education in entering into agreements with States under this paragraph.

(B) With respect to an agreement under this paragraph with a State, nothing in this paragraph shall be construed to negate or supersede the authority of any appropriate official or entity of the State to approve those portions of the agreement that are not under the jurisdiction of the chief executive officer of the State.

(C) The Secretary concerned may reserve up to 10 percent of the funds made available to carry out the placement program for a fiscal year for the placement of participants through agreements entered into under this paragraph. Paragraphs (3) through (6) shall apply with respect to any placement made through such an agreement.

(i) Reimbursement Under Certain Circumstances.-(1) If a participant in the placement program fails to obtain teacher certification or licensure or employment as an elementary or secondary school teacher or employment as a teacher's aide as required under the agreement or voluntarily leaves, or is terminated for cause, from the employment during the five years of required service, the participant shall be required to reimburse the Secretary of Defense, or the Secretary of Transportation with respect to the Coast Guard, for any stipend paid to the participant under subsection (g)(1) in an amount that bears the same ratio to the amount of the stipend as the unserved portion of required service bears to the five years of required service.

(2) The obligation to reimburse the Secretary concerned under this subsection is, for all purposes, a debt owing the United States. A discharge in bankruptcy under title 11 shall not release a participant from the obligation to reimburse the Secretary concerned. Any amount owed by a participant under paragraph (1) shall bear interest at the rate equal to the highest rate being paid by the United States on the day on which the reimbursement is determined to be due for securities having maturities of ninety days or less and shall accrue from the day on which the participant is first notified of the amount due.

(j) Exceptions to Reimbursement Provisions.-(1) A participant in the placement program shall not be considered to be in violation of an agreement entered into under subsection (f) during any period in which the participant-

(A) is pursuing a full-time course of study related to the field of teaching at an eligible institution;

(B) is serving on active duty as a member of the Armed Forces;

(C) is temporarily totally disabled for a period of time not to exceed three years as established by sworn affidavit of a qualified physician;

(D) is unable to secure employment for a period not to exceed 12 months by reason of the care required by a spouse who is disabled;

(E) is seeking and unable to find full-time employment as a teacher or teacher's aide in an elementary or secondary school for a single period not to exceed 27 months; or

(F) satisfies the provisions of additional reimbursement exceptions that may be prescribed by the Secretary of Defense, or the Secretary of Transportation with respect to the Coast Guard.

(2) A participant shall be excused from reimbursement under subsection (i) if the participant becomes permanently totally disabled as established by sworn affidavit of a qualified physician. The Secretary concerned may also waive reimbursement in cases of extreme hardship to the participant, as determined by the Secretary concerned.

(k) Definitions.-In this section:

(1) The term "State" includes the District of Columbia, American Samoa, the Federated States of Micronesia, Guam, the Republic of the Marshall Islands, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, Palau, and the Virgin Islands.

(2) The term "alternative certification or licensure requirements" means State or local teacher certification or licensure requirements that permit a demonstrated competence in appropriate subject areas gained in careers outside of education to be substituted for traditional teacher training course work.

(Added Pub. L. 102–484, div. D, title XLIV, §4441(a)(1), Oct. 23, 1992, 106 Stat. 2725 ; amended Pub. L. 103–35, title II, §201(f)(1), May 31, 1993, 107 Stat. 99 ; Pub. L. 103–160, div. A, title V, §561(k), title XIII, §1331(a)–(c)(1), (d)–(g), Nov. 30, 1993, 107 Stat. 1668 , 1791-1793; Pub. L. 103–337, div. A, title V, §543(c), title X, §1070(a)(7), title XI, §1131(a), (b), Oct. 5, 1994, 108 Stat. 2769 , 2855, 2871; Pub. L. 103–382, title III, §391(b)(1), (2), Oct. 20, 1994, 108 Stat. 4021 .)

References in Text

The Elementary and Secondary Education Act of 1965, referred to in subsec. (b)(2)(A), (3)(A), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27 , as amended generally by Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3519 . Title I of the Act is classified generally to subchapter I (§6301 et seq.) of chapter 70 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of Title 20 and Tables.

The date of the enactment of the National Defense Authorization Act for Fiscal Year 1995, referred to in subsec. (e)(1)(B), is the date of enactment of Pub. L. 103–337, which was approved Oct. 5, 1994.

The Higher Education Act of 1965, referred to in subsec. (g)(3), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219 , as amended. Title IV of the Act is classified generally to subchapter IV (§1070 et seq.) of chapter 28 of Title 20, Education, and part C (§2751 et seq.) of subchapter I of chapter 34 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables.

Amendments

1994-Subsec. (a). Pub. L. 103–337, §543(c)(1), inserted ", and the Secretary of Transportation with respect to the Coast Guard," after "Secretary of Defense" in introductory provisions.

Subsec. (b). Pub. L. 103–337, §543(c)(2), inserted "and the Secretary of Transportation" after "Secretary of Defense" in introductory provisions.

Subsec. (b)(2)(A), (3)(A). Pub. L. 103–382 struck out "chapter 1 of" after "grants under".

Subsec. (c)(1). Pub. L. 103–337, §543(c)(3)(A), struck out "by the Secretary of Defense" after "selection" in introductory provisions.

Subsec. (c)(1)(A). Pub. L. 103–337, §1131(a)(1), substituted "nine-year period beginning on October 1, 1990" for "seven-year period beginning on October 1, 1992".

Subsec. (c)(1)(C). Pub. L. 103–337, §543(c)(3)(B), inserted "of Defense, or the Secretary of Transportation with respect to the Coast Guard," after "Secretary".

Subsec. (c)(4). Pub. L. 103–337, §1131(a)(2), struck out par. (4) which read as follows: "The Secretary may accept an application from a member who was discharged or released from active duty during the period beginning on October 1, 1990, and ending on October 1, 1992, if the member otherwise satisfies the eligibility criteria specified in paragraph (1)."

Subsec. (d). Pub. L. 103–337, §543(c)(4), inserted "and the Secretary of Transportation" after "Secretary of Defense".

Subsec. (e)(1). Pub. L. 103–337, §543(c)(5), inserted ", and the Secretary of Transportation with respect to the Coast Guard," after "Secretary of Defense" in first sentence and substituted "Secretaries" for "Secretary" before "may" in second sentence.

Pub. L. 103–337, §1131(b), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "Selection of members to participate in the placement program authorized by subsection (a) shall be made on the basis of applications submitted to the Secretary of Defense not later than one year after the date of the discharge or release of the members from active duty or, in the case of an applicant becoming educationally qualified for teacher placement assistance in accordance with subsection (c)(2), not later than one year after the date on which the applicant becomes educationally qualified. In the case of members referred to in subsection (c)(3), the Secretary shall establish a reasonable time period after October 23, 1992, for the submission of applications. An application shall be in such form and contain such information as the Secretary may require."

Subsec. (e)(2). Pub. L. 103–337, §543(c)(6), substituted "Secretaries" for "Secretary" in introductory provisions and in subpar. (B).

Subsec. (e)(3). Pub. L. 103–337, §543(c)(7), inserted "of Defense, and the Secretary of Transportation with respect to the Coast Guard," after "The Secretary" and "concerned" after "unless the Secretary".

Subsec. (e)(4). Pub. L. 103–337, §543(c)(8), substituted "Secretaries" for "Secretary" in subpars. (A) and (B).

Subsec. (f). Pub. L. 103–337, §543(c)(9), inserted ", or the Secretary of Transportation with respect to the Coast Guard," after "Secretary of Defense" in introductory provisions and "concerned" after "the Secretary" in par. (1).

Subsec. (g)(1). Pub. L. 103–337, §543(c)(10), inserted ", and the Secretary of Transportation with respect to the Coast Guard," after "Secretary of Defense" in introductory provisions.

Subsec. (h)(1). Pub. L. 103–337, §543(c)(11), inserted "and the Secretary of Transportation" after "Secretary of Defense".

Subsec. (h)(2). Pub. L. 103–337, §543(c)(11)(B), inserted "concerned" after "Secretary".

Subsec. (h)(3). Pub. L. 103–337, §543(c)(11)(B), inserted "concerned" after "Secretary" wherever appearing.

Subsec. (h)(3)(B)(v). Pub. L. 103–337, §1070(a)(7), inserted "school" after "For the fifth".

Subsec. (h)(4) to (6). Pub. L. 103–337, §543(c)(11)(B), inserted "concerned" after "Secretary" wherever appearing.

Subsec. (h)(7)(A). Pub. L. 103–337, §543(c)(12)(A), inserted "of Defense, and the Secretary of Transportation with respect to the Coast Guard," after "the Secretary" in first sentence and "concerned" after "The Secretary" in second sentence.

Subsec. (h)(7)(C). Pub. L. 103–337, §543(c)(12)(B), inserted "concerned" after "The Secretary".

Subsec. (i)(1). Pub. L. 103–337, §543(c)(13)(A), inserted ", or the Secretary of Transportation with respect to the Coast Guard," after "Secretary of Defense".

Subsec. (i)(2). Pub. L. 103–337, §543(c)(13)(B), inserted "concerned" after "Secretary" in two places.

Subsec. (j)(1)(F). Pub. L. 103–337, §543(c)(14)(A), inserted ", or the Secretary of Transportation with respect to the Coast Guard" after "Secretary of Defense".

Subsec. (j)(2). Pub. L. 103–337, §543(c)(14)(B), inserted "concerned" after "Secretary" in two places.

1993-Subsec. (c)(1)(A). Pub. L. 103–160, §561(k), substituted "seven-year period" for "five-year period".

Subsec. (c)(2) to (4). Pub. L. 103–160, §1331(b)(1), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.

Subsec. (e)(1). Pub. L. 103–160, §§1331(a), (b)(2)(A), substituted "not later than one year after the date of the discharge or release" for "before the date of the discharge or release" and inserted before period at end of first sentence "or, in the case of an applicant becoming educationally qualified for teacher placement assistance in accordance with subsection (c)(2), not later than one year after the date on which the applicant becomes educationally qualified".

Pub. L. 103–35 substituted "October 23, 1992," for "the date of the enactment of this section".

Subsec. (e)(4). Pub. L. 103–160, §1331(b)(2)(B), added par. (4).

Subsec. (f)(2)(A), (B). Pub. L. 103–160, §1331(c)(1)(A), substituted "five school years" for "two school years".

Subsec. (g)(2). Pub. L. 103–160, §1331(g), added par. (2) and struck out former par. (2) which read as follows: "A member who is entitled to benefits under section 1174a or 1175 of this title or is given early retirement under section 4403 of the National Defense Authorization Act for Fiscal Year 1993 shall not be paid a stipend under paragraph (1)."

Subsec. (h)(1), (2). Pub. L. 103–160, §1331(e), substituted "may" for "shall".

Subsec. (h)(3)(A). Pub. L. 103–160, §1331(c)(1)(B), substituted "five consecutive school years" for "two consecutive school years".

Subsec. (h)(3)(B). Pub. L. 103–160, §1331(d), substituted "based upon the basic salary paid by the local educational agency to the participant as a teacher or teacher's aide. The rate of payment by the Secretary shall be as follows:" for "equal to the lesser of-", added cls. (i) to (v), and struck out former cls. (i) and (ii) which read as follows:

"(i) the basic salary to be paid by the local educational agency to the participant during the two years; and

"(ii) $50,000."

Subsec. (h)(5). Pub. L. 103–160, §1331(c)(1)(C), substituted "five years" for "two years" in two places.

Subsec. (h)(7). Pub. L. 103–160, §1331(f), added par. (7).

Subsec. (i)(1). Pub. L. 103–160, §1331(c)(1)(D), substituted "five years" for "two years" in two places.

Effective Date of 1993 Amendment

Section 1331(h) of Pub. L. 103–160 provided that: "The amendments made by subsections (c) and (d) [amending this section and sections 1598 and 2410j of this title] shall not apply with respect to-

"(1) persons selected by the Secretary of Defense before the date of the enactment of this Act [Nov. 30, 1993] to participate in the teacher and teacher's aide placement programs established pursuant to sections 1151, 1598, and 2410j of title 10, United States Code; or

"(2) agreements entered into by the Secretary before such date with local educational agencies under such sections."

Section Referred to in Other Sections

This section is referred to in sections 1142, 1598, 2410c of this title.

¹ So in original. Probably should be "6301".