79-8,137 Attracting Excellence to Teaching Program; eligible student; contract requirements; loan payments; suspension; loan forgiveness; amount.
79-8,137. AttractingExcellence to Teaching Program; eligible student; contract requirements;loan payments; suspension;loan forgiveness; amount.(1)(a) Prior to receiving any money from a loanpursuant to the Attracting Excellence to Teaching Program, an eligible studentshall enter into a contract with the department. Such contract shall be exempt from the requirements ofsections 73-501 to 73-509.(b) For eligible students who appliedfor the first time prior to April 23, 2009, the contract shall require that if (i) the borrower is not employed as a teacherin Nebraska for a time period equal to the number of years required for loanforgiveness pursuant to subsection (2) of this section and is not enrolledas a full-time student in a graduate program within six months after obtainingan undergraduate degree for which a loan from the program was obtained or (ii) the borrower does not complete the requirementsfor graduation within five consecutive years after receiving the initial loanunder the program, then the loan must be repaid, with interest at the ratefixed pursuant to section 45-103 accruing as of the date the borrower signedthe contract, and an appropriate penalty as determined by the department maybe assessed. If a borrower fails to remain enrolled at an eligible institutionor otherwise fails to meet the requirements of an eligible student, repaymentof the loan shall commence within six months after such change in eligibility.The State Board of Education may by rules and regulations provide for exceptionsto the conditions of repayment pursuant to this subdivision basedupon mitigating circumstances.(c) For eligiblestudents who apply for the first time on or after April 23, 2009, the contractshall require that if (i) the borrower is not employed as a full-time teacherteaching in an approved or accredited school in Nebraska and teaching at leasta portion of the time in the shortage area for which the loan was receivedfor a time period equal to the number of years required for loan forgivenesspursuant to subsection (3) of this section and is not enrolled as a full-timestudent in a graduate program within six months after obtaining an undergraduatedegree for which a loan from the program was obtained or (ii) the borrowerdoes not complete the requirements for graduation within five consecutiveyears after receiving the initial loan under the program, then the loan shallbe repaid with interest at the rate fixed pursuant to section 45-103 accruingas of the date the borrower signed the contract and actual collection costsas determined by the department. If a borrower fails to remain enrolled atan eligible institution or otherwise fails to continue to be an eligible student,repayment of the loan shall commence within six months after such change ineligibility. The State Board of Education may by rule and regulation providefor exceptions to the conditions of repayment pursuant to this subdivisionbased upon mitigating circumstances.(2)If the borrower applied forthe first time prior to April 23, 2009, and (a) successfully completesthe teacher education program and becomes certified pursuant to sections 79-806to 79-815, (b) becomes employed as a teacher in this state within six monthsof becoming certified, and (c) otherwise meets the requirements of the contract,payments shall be suspended for the number of years that the borrower is requiredto remain employed as a teacher in this state under the contract. For eachyear that the borrower teaches in Nebraska pursuant to the contract, paymentsshall be forgiven in an amount equal to the amount borrowed for one year,except that ifthe borrower teaches in a school district that is in a local system classifiedas very sparse as defined in section 79-1003 or teaches in a school districtin which at least forty percent of the students are poverty students as definedin section 79-1003, payments shall be forgiven each year in an amount equalto the amount borrowed for two years.(3) If theborrower applies for the first time on or after April 23, 2009, and (a) successfullycompletes the teacher education program and major for which the borrower isreceiving a forgivable loan pursuant to the program and becomes certifiedpursuant to sections 79-806 to 79-815 with an endorsement in the shortagearea for which the loan was received, (b) becomes employed as a full-timeteacher teaching at least a portion of the time in the shortage area for whichthe loan was received in an approved or accredited school in this state withinsix months of becoming certified, and (c) otherwise meets the requirementsof the contract, payments shall be suspended for the number of years thatthe borrower is required to remain employed as a teacher in this state underthe contract. Beginning after the first two years of teaching full-time inNebraska following graduation for the degree for which the loan was received,for each year that the borrower teaches full-time in Nebraska pursuant tothe contract, the loan shall be forgiven in an amount equal to three thousanddollars, except that if the borrower teaches full-time in a school districtthat is in a local system classified as very sparse as defined in section 79-1003, teaches in a school building in which at least forty percent of theformula students are poverty students as defined in section 79-1003, or teachesin an accredited or approved private school in Nebraska in which at leastforty percent of the enrolled students qualified for free lunches as determinedby the most recent data available from the department, payments shall be forgiveneach year in an amount equal to six thousand dollars. SourceLaws 2000, LB 1399, § 20; Laws 2003, LB 685, § 22; Laws 2008, LB988, § 7; Laws 2009, LB547, § 7.