Texas Education Code 21.510 – Reimbursement
(a) A participant in the program who fails to obtain certification or employment as required in the agreement under § 21.508 or who voluntarily leaves or is terminated for cause from the employment after teaching in a public elementary or secondary school in this state for less than five school years shall reimburse the agency for the portion of the stipend 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.
(b) The obligation to reimburse the agency under this section is, for all purposes, a debt to the state. A discharge in bankruptcy under Title 11, United States Code, does not release a participant from the obligation to reimburse the agency. The amount owed bears interest at the rate equal to the highest rate being paid by the United States on the day the reimbursement is determined to be due for securities that have maturities of 90 days or less, and the interest accrues from the day the participant receives notice of the amount due.
Terms Used In Texas Education Code 21.510
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affidavit: means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- sworn: includes affirm or affirmed. See Texas Government Code 312.011
- United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
- Year: means 12 consecutive months. See Texas Government Code 311.005
(c) For purposes of this section, a participant in the program is not considered to be in violation of an agreement under § 21.508 during any period in which the participant:
(1) is pursuing a full-time course of study related to the field of teaching at a public or private institution of higher education approved by the State Board for Educator Certification;
(2) is serving on active duty as a member of the armed forces of the United States;
(3) is temporarily totally disabled for a period not to exceed three years as established by sworn affidavit of a qualified physician;
(4) is unable to secure employment for a period not to exceed one year because of care required by a disabled spouse;
(5) is seeking and unable to find full-time employment as a teacher in a public elementary or secondary school for a single period not to exceed 27 months; or
(6) satisfies the provisions of any additional reimbursement exception adopted by the agency.
(d) A participant is excused from reimbursement under Subsection (a) if:
(1) the participant becomes permanently totally disabled as established by sworn affidavit of a qualified physician; or
(2) the agency waives reimbursement in the case of extreme hardship to the participant.