(a) Although funding limitations may require the Coordinating Board to exercise the ranking priorities established in §23.289 of this title (relating to Application Ranking Priorities) a teacher who has enrolled in the Program prior to September 1, 2023, shall not lose Program eligibility due to failure to meet the consecutive years of qualifying employment requirement if the break in employment service is a result of the person's:
  (1) full-time enrollment in a course of study related to the field of teaching that is approved by the State Board for Educator Certification and provided by a Texas institution of higher education, as defined in Texas Education Code §61.003;
  (2) service on active duty as a member of the armed forces of the United States, including as a member of a reserve or National Guard unit called for active duty;
  (3) temporary total disability for a period of not more than 36 months as established by the affidavit of a qualified physician;
  (4) inability to secure employment as required in a Title I school for a period not to exceed 12 months, because of care required by a disabled spouse or child; or
  (5) inability, despite reasonable efforts, to secure, for a single period not to exceed 12 months, employment in a Title I school.
(b) A teacher who has enrolled in the Program on or after September 1, 2023, shall not lose Program eligibility due to failure to meet the consecutive years of qualifying employment requirement if the break in employment service is a result of the person's:
  (1) full-time enrollment in a course of study related to the field of teaching that is approved by the State Board for Educator Certification and provided by a Texas institution of higher education, as defined in Texas Education Code §61.003;
  (2) service on active duty as a member of the armed forces of the United States, including as a member of a reserve or National Guard unit called for active duty;
  (3) temporary total disability for a period of not more than 36 months as established by the affidavit of a qualified physician;
  (4) inability to secure employment for a period not to exceed 12 months, because of care required by a disabled spouse or child; or
  (5) inability, despite reasonable efforts, to secure, for a single period not to exceed 12 months, employment in a public school.

Source Note: The provisions of this §23.290 adopted to be effective August 30, 2016, 41 TexReg 6484; transferred effective December 15, 2016, as published in the Texas Register November 25, 2016, 41 TexReg 9341; amended to be effective December 5, 2019, 44 TexReg 7384; amended to be effective May 16, 2024, 49 TexReg 3279