The Secretary shall periodically set dates by which teacher candidates shall file applications for grants under this subpart. Each teacher candidate desiring a grant under this subpart for any year shall file an application containing such information and assurances as the Secretary may determine necessary to enable the Secretary to carry out the functions and responsibilities of this subpart.
Each application submitted under paragraph (1) shall contain such information as is necessary to demonstrate that-
Each application under subsection (a) shall contain or be accompanied by an agreement by the applicant that-
In the event that any recipient of a grant under this subpart fails or refuses to comply with the service obligation in the agreement under subsection (b), the sum of the amounts of any TEACH Grants received by such recipient shall, upon a determination of such a failure or refusal in such service obligation, be treated as a Federal Direct Unsubsidized Stafford Loan under part D, and shall be subject to repayment, together with interest thereon accruing from the date of the grant award, in accordance with terms and conditions specified by the Secretary in regulations under this subpart.
In any case where the Secretary has determined that a recipient of a grant under this subpart has failed or refused to comply with the service obligation in the agreement under subsection (b) and has converted the grant into a Federal Direct Unsubsidized Stafford Loan under part D in accordance with paragraph (1), (including a TEACH Grant converted to a loan prior to October 13, 2021, and including cases where such loans have been fully or partially paid), the recipient may request that the Secretary reconsider such initial determination and may submit additional information to demonstrate satisfaction of the service obligation. Upon receipt of such a request, the Secretary shall reconsider the determination in accordance with this paragraph not later than 90 days after the date that such request was received.
If, in reconsidering an initial determination under subparagraph (A) (including reconsideration related to a TEACH Grant that was converted to a loan prior to October 13, 2021, and including cases where such loans were fully or partially paid), the Secretary determines that the reason for such determination was the recipient's failure to timely submit a certification required under subsection (b)(1)(D) (as in effect on the day before October 13, 2021), an error or processing delay by the Secretary, a change to the fields considered eligible for fulfillment of the service obligation (as described in subsection (b)(1)(C)), a recipient having previously requested to have the TEACH Grant converted to a loan, or another valid reason determined by the Secretary, and that the recipient has, as of the date of the reconsideration, demonstrated that the recipient did meet, or is meeting the service obligation in the agreement under subsection (b), the Secretary shall-
In the case of a recipient whose TEACH Grant was reinstated in accordance with subparagraph (B), the Secretary shall, upon such reinstatement-
If a recipient of an initial grant under this subpart has acquired an academic degree, or expertise, in a field that was, at the time of the recipient's application for that grant, designated as high need in accordance with subsection (b)(1)(C)(vii), but is no longer so designated, the grant recipient may fulfill the service obligation described in subsection (b)(1) by teaching in that field.
The Secretary shall establish, by regulation, categories of extenuating circumstances under which a recipient of a grant under this subpart who is unable to fulfill all or part of the recipient's service obligation may be excused from fulfilling that portion of the service obligation.
The Secretary shall notify TEACH grant recipients not less than once per calendar year regarding how to submit the employment certification under subsection (b)(1)(D) and the recommendations and requirements for submitting that certification under subsection (d)(5).
The Secretary shall maintain and annually update a list of qualifying schools as described in subsection (b)(1)(B), and a list of high-need fields as described in subsection (b)(1)(C) and shall make such lists publicly available on the Department's website in a sortable and searchable format.
The Secretary shall notify TEACH Grant recipients that the Department recommends that TEACH Grant recipients submit the employment certification described in subsection (b)(1)(D) as soon as practicable after the completion of each year of service.
A TEACH Grant recipient shall be required to submit to the Department employment certification within the timeframe that would allow that individual to complete their service obligation before the end of the service obligation window.
The Secretary shall notify TEACH Grant recipients of the required submission deadlines described in this paragraph.
The Secretary shall adjust the submission deadline described in subparagraph (B) to account for a service obligation window extension.
The Secretary shall provide an alternative to the certification of employment described in subsection (b)(1)(D) for recipients who cannot obtain such required certification of employment from the chief administrative officer of the school because the recipient can demonstrate the school is no longer in existence or the school refuses to cooperate.
20 U.S.C. § 1070g-2
EDITORIAL NOTES
AMENDMENTS2021-Subsec. (b)(1)(A). Pub. L. 117-49, §2(1)(A), inserted "(referred to in this section as the 'service obligation window')" after "under this subpart".Subsec. (b)(1)(C)(vii). Pub. L. 117-49, §2(1)(B), inserted "or geographic area" after "field". Subsec. (b)(1)(D), (E). Pub. L. 117-49, §2(1)(C), added subpars. (D) and (E) and struck out former subpars. (D) and (E) which read as follows:"(D) submit evidence of such employment in the form of a certification by the chief administrative officer of the school upon completion of each year of such service; and"(E) comply with the requirements for being a highly qualified teacher as defined in section 9101 of the Elementary and Secondary Education Act of 1965;". Subsec. (c). Pub. L. 117-49, §2(2), designated existing provisions as par. (1), inserted heading, and added par. (2). Subsec. (d)(3), (4). Pub. L. 117-49, §2(3), added pars. (3) and (4). Subsec. (d)(5). Pub. L. 117-49, §3, added par. (5). 2008-Subsec. (b)(3). Pub. L. 110-315, §412(a)(1)(A), added par. (3).Subsec. (d). Pub. L. 110-315, §412(a)(1)(B), added subsec. (d).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110-315, §412, 122 Stat. 3227, provided that: "The amendments made by subsection (a)(1) [amending this section] shall take effect on July 1, 2010."
IMPLEMENTATION OF PUB. L. 117-49 Pub. L. 117-49, §5, Oct. 13, 2021, 135 Stat. 405, provided that: "In carrying out this Act [see Short Title of 2021 Amendment note set out under section 1001 of this title] and any amendments made by this Act, or any regulations promulgated under this Act or under such amendments, the Secretary of Education may waive the application of-"(1) subchapter I of chapter 35 of title 44, United States Code (commonly known as the 'Paperwork Reduction Act');"(2) the master calendar requirements under section 482 of the Higher Education Act of 1965 (20 U.S.C. 1089); "(3) negotiated rulemaking under section 492 of the Higher Education Act of 1965 (20 U.S.C. 1098a); and"(4) the requirement to publish the notices related to the system of records of the agency before implementation required under paragraphs (4) and (11) of section 552a(e) of title 5, United States Code (commonly known as the 'Privacy Act of 1974'), except that the notices shall be published not later than 180 days after the date of enactment of this Act [Oct. 13, 2021]."
USE OF THE TERM "HIGHLY QUALIFIED" IN OTHER LAWS Pub. L. 114-95, §9214, 129 Stat. 2160, provided that: "Beginning on the date of enactment of this Act [Dec. 10, 2015]-"(1) any reference in sections 420N, 428J, 428K, and 460 of the Higher Education Act of 1965 (20 U.S.C. 1070g-2, 1078-10, 1078-11, and 1087j) to the term 'highly qualified' as defined in section 9101 of the Elementary and Secondary Education Act of 1965 [now section 8101, 20 U.S.C. 7801] shall be treated as a reference to such term under such section 9101 as in effect on the day before the date of enactment of this Act [Dec. 10, 2015]; and"(2) any reference in section 6112 of the America COMPETES Act ([former] 20 U.S.C. 9812), section 553 of the America COMPETES Reauthorization Act of 2010 (20 U.S.C. 9903), and section 9 of the National Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n), to 'highly qualified', as defined in section 9101 of the Elementary and Secondary Education Act of 1965 [now section 8101, 20 U.S.C. 7801], with respect to a teacher, means that the teacher meets applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification."