Sec. 86.5. Repayment obligations

(a) An eligible teacher who receives a grant award pursuant to Education Law, section 3004-a and this Part shall be liable for repayment of such grant to the department if such eligible teacher:

(1) does not complete the process; or

(2) completes the process, but does not teach in a New York State public school for at least one full year after achieving National Board for Professional Teaching Standards Certification.

(b) Repayment of the grant is not required:

(1) if the certification process is not completed or if the eligible teacher fails to teach for one full year after completion due to his or her death, disability or other extenuating circumstances including, but not limited to, a personal or family-related crisis or tragedy which, in the opinion of the commissioner or the Board of Regents, renders such eligible teacher incapable of completing his or her obligations; or

(2) if the eligible teacher completes the process but does not achieve certification.