Page:United States Statutes at Large Volume 106 Part 3.djvu/935

 PUBLIC LAW 102-484—OCT. 23, 1992 106 STAT. 2729 local educational agency shall reimburse the Secretary in an amount that bears the same ratio to the total amount already paid under the agreement as the unserved portion bears to the two years of required service. "(6) The Secretary may not make a grant under this subsection to a local educational agency if the Secretary determines that the agency terminated the empio^ent of another employee in order to fill the vacancy so created with ciparticipant. "(i) REIMBURSEMENT UNDER (JERTAIN CIRCUMSTANCES. —(1) If a participant in the placement progrcun 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 two years of required service, the participant shall be required to reimburse the Secretary of Defense 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 two years of required service. "(2) 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 shall not release a participant from the obligation to reimburse the Secretary. 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) diuing 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 totidly disabled for a period of time not to exceed three years as established by sworn affidavit of a qualified phvsician; (D) is imable 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 imable 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. "(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 may also waive reimbursement in cases of extreme hardship to the participant, as determined by the Secretary. "(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

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