Page:United States Statutes at Large Volume 115 Part 2.djvu/669

This page needs to be proofread.

PUBLIC LAW 107-110-^AN. 8, 2002 115 STAT. 1653 under part B of the Individuals with Disabilities Education Act. "(e) TREATMENT OF STIPEND AND BONUS. — ^A stipend or bonus paid under this section to a participant in the Program 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. " (f) REIMBURSEMENT UNDER CERTAIN CIRCUMSTANCES.— "(1) REIMBURSEMENT REQUIRED. —^A participant in the Program who is paid a stipend or bonus under this section shall be required to repay the stipend or bonus under the following circumstances: "(A) FAILURE TO OBTAIN QUALIFICATIONS OR EMPLOY- MENT.— The participant fails to obtain teacher certification or licensing, to become a highly qualified teacher, or to obtain employment as an elementary school teacher, secondary school teacher, or vocational or technical teacher as required by the participation agreement under subsection (a). "(B) TERMINATION OF EMPLOYMENT.—The participant voluntarily leaves, or is terminated for cause from, employ- ment as an elementary school teacher, secondary school teacher, or vocational or technical teacher during the 3 years of required service in violation of the participation agreement. "(C) FAILURE TO COMPLETE SERVICE UNDER RESERVE COMMITMENT AGREEMENT. —The participant executed a written agreement with the Secretary concerned under section 2303(e)(2) to serve as a member of a reserve component of the Armed Forces for a period of 3 years and fails to complete the required term of service. "(2) AMOUNT OF REIMBURSEMENT. —^A participant required to reimburse the Secretary for a stipend or bonus paid to the participant under this section shall pay an amount that bears the same ratio to the amount of the stipend or bonus as the unserved portion of required service bears to the 3 years of required service. Any amount owed by the participant 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 90 days or less and shall accrue from the day on which the participant is first notified of the amount due. "(3) TREATMENT OF OBLIGATION.—The obligation to reimburse the Secretary under this subsection is, for all purposes, a debt owing the United States. A discharge in bankruptcy under title 11, United States Code, shall not release a participant from the obligation to reimburse the Secretary under this subsection. "(4) EXCEPTIONS TO REIMBURSEMENT REQUIREMENT. —^A participant shall be excused from reimbursement under this subsection if the participant becomes permanently totally disabled as established by sworn affidavit of a qualified physician. The Secretary may also waive the reimbursement in cases of extreme hardship to the participant, as determined by the Secretary. "(g) RELATIONSHIP TO EDUCATIONAL ASSISTANCE UNDER MONT- GOMERY GI BILL. —The receipt by a participant in the Program