[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8856 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 8856
To provide enhanced student loan relief to educators.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 15, 2022
Ms. Leger Fernandez (for herself, Mrs. Hayes, Mr. Grijalva, Mr.
Gottheimer, Mr. Gallego, Mr. Bowman, Ms. Chu, Mr. DeSaulnier, Mr.
Khanna, and Mr. Soto) introduced the following bill; which was referred
to the Committee on Education and Labor
_______________________________________________________________________
A BILL
To provide enhanced student loan relief to educators.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Loan Forgiveness for Educators Act
of 2022''.
SEC. 2. LOAN FORGIVENESS AND CANCELLATION FOR EDUCATORS.
(a) Enhanced Teacher Loan Forgiveness Under the FFEL Program.--
Section 428J of the Higher Education Act of 1965 (20 U.S.C. 1078-10) is
amended to read as follows:
``SEC. 428J. LOAN FORGIVENESS FOR EDUCATORS.
``(a) Purpose.--It is the purpose of this section to enhance
student access to a well-prepared, diverse, and stable educator
workforce by eliminating debt burdens for educators in return for
service teaching and leading in high need schools or early childhood
education programs.
``(b) Program Authorized.--Not later than 270 days after the date
of enactment of the Loan Forgiveness for Educators Act of 2022, the
Secretary shall carry out a program, through the holder of the loan, of
assuming, as required under subsection (c), the obligation to repay a
covered loan for qualifying educators engaged in qualifying service. A
qualifying educator may apply for the program under this section after
the Secretary has begun carrying out the program.
``(c) Forgiveness of Covered Loans.--
``(1) Forgiveness of loans upon completion of qualifying
service.--
``(A) In general.--For each qualifying educator who
has completed 5 years of qualifying service (including
any qualifying service, as defined under this section
as in effect after the date of implementation of the
Loan Forgiveness for Educators Act of 2022, that may
have been completed or performed before or after such
date of implementation, or a combination of qualifying
service), the Secretary shall assume the obligation to
repay an amount equal to 100 percent of the aggregate
of the loan obligations (including interest and fees)
on all covered loans that are outstanding as of the
date of completion of such fifth year of qualifying
service.
``(B) Timing.--The years of qualifying service
required under subparagraph (A) may be consecutive or
nonconsecutive, and the qualifying educator may elect
which years of qualifying service to use for purposes
of subparagraph (A).
``(2) Monthly loan forgiveness.--Upon application by any
qualifying educator who has a covered loan and who is engaged
in qualifying service, and in addition to any loan forgiveness
under paragraph (1), the Secretary shall enter into an
agreement with such qualifying educator, under which--
``(A) during the period of qualifying service (for
qualifying service that occurs after the date of
implementation of this Act), the Secretary agrees to
assume the obligation to repay the minimum monthly
obligation on all covered loans of the qualifying
educator, based on the repayment plan selected by the
qualifying educator, for--
``(i) each month of qualifying service; and
``(ii) any summer or other school or
program year calendar breaks scheduled by a
high need school or early childhood education
program during a school or program year in
which the qualifying educator is engaged in
qualifying service;
``(B) during the period of qualifying service, the
assumption of the monthly loan obligation provided will
serve as a monthly payment, considered paid in full by
the qualifying educator, based on the repayment plan
selected by the qualifying educator (which, if the
qualifying educator chooses, shall include any income
driven repayment plan); and
``(C) during the period of qualifying service, each
monthly obligation that is repaid by the Secretary
under this paragraph on a covered loan shall be deemed
to be a qualifying monthly payment made by the
qualifying educator for purposes of the loan
forgiveness program under section 455(m), if
applicable.
``(3) Application.--The Secretary shall develop and make
publicly available an application for qualifying educators who
wish to receive loan forgiveness under this subsection. The
application shall--
``(A) be available for qualifying educators to file
for loan forgiveness under paragraph (1) and for
monthly loan forgiveness under paragraph (2);
``(B) include any certification requirements that
the Secretary determines are necessary to verify
qualifying service; and
``(C) allow for the verification of the qualifying
service--
``(i) in the case of an early childhood
educator or an elementary or secondary school
teacher serving in a high need school, by a
school leader or the administrator of a local
educational agency, educational service agency,
Bureau of Indian Education, Native Hawaiian
education system, or State educational agency
that serves the school (or the administrator's
designee);
``(ii) in the case of an early childhood
educator serving in an early childhood
education program, by the director of that
program (or the director's designee);
``(iii) in the case of a school leader
serving in a high need school, by the
administrator of a local educational agency,
educational service agency, Bureau of Indian
Education, Native Hawaiian education system, or
State educational agency that serves the school
(or the administrator's designee);
``(iv) in the case of a director of an
early childhood education program, a leader of
the entity overseeing the early childhood
education program; and
``(v) in the case of a family child care
provider or the director of an early childhood
education program that operates as a standalone
center-based program (for example, a case in
which the center is not part of a larger
company) that is an early childhood education
program, by self-certification with supporting
documents, such as a business license, a
listing with a public Child Care Resources and
Referral website, or proof of participation in
a Federal child care or preschool subsidy
program.
``(4) Parent plus loans.--
``(A) Parent plus loan on behalf of a student who
is a qualifying educator.--A borrower of a parent loan
under section 428B issued on behalf of a student who is
a qualifying educator shall qualify for loan
forgiveness and any other benefits under this section
for the qualifying service of the student in the same
manner and to the same extent as the student borrower
qualifies for such loan forgiveness and other benefits.
``(B) Parent plus loan borrowed by a parent who is
a qualifying educator.--The borrower of a parent loan
under section 428B issued on behalf of a student who is
not a qualifying educator shall also qualify for loan
forgiveness and any other benefits under this section
for qualifying service if that parent borrower is
engaged in qualifying service and meets the
requirements of this section.
``(5) Recipients of prior forgiveness.--A qualifying
educator who received loan forgiveness under this section as in
effect before the date of enactment of the Loan Forgiveness for
Educators Act of 2022--
``(A) shall be eligible for loan forgiveness of
covered loans in accordance with paragraph (1),
including any remaining covered loans; and
``(B) may count the service completed that
qualified the qualifying educator for previous loan
forgiveness as qualifying service for purposes of
paragraph (1).
``(6) Prohibition on requiring repayment.--A qualifying
educator shall not be required to repay any amounts paid under
this subsection if that qualifying educator who engages in
qualifying service ends the qualifying service before the end
of a school or program year, or before the end of the 5-year
period described in paragraph (1).
``(d) Regulations.--The Secretary is authorized to issue such
regulations as may be necessary to carry out the provisions of this
section.
``(e) Construction.--Nothing in this section shall be construed to
authorize any refunding of any repayment of a loan.
``(f) List.--
``(1) In general.--The Secretary, shall--
``(A) as soon as practicable, produce and make
publicly available a list of high need schools for
purposes of this section; and
``(B) annually update such list.
``(2) List from previous year.--If the list of high need
schools in which a qualifying educator may perform qualifying
service is not available before May 1 of any year, the
Secretary may use the list for the year preceding the year for
which the determination is made to make a determination about
whether an individual meets the requirements for qualifying
service.
``(g) Additional Eligibility Provisions.--
``(1) Continued eligibility.--Any qualifying educator who
performs qualifying service in a school that--
``(A) is a high need school in any school year
during such service; and
``(B) in a subsequent school year fails to meet the
definition of a high need school,
may continue to serve in such school and shall be eligible for
loan forgiveness pursuant to subsection (b).
``(2) Prevention of double benefits.--No qualifying
educator may, for the same service, receive a benefit under
both this section and--
``(A) section 428K; or
``(B) subtitle D of title I of the National and
Community Service Act of 1990 (42 U.S.C. 12601 et
seq.).
``(3) No penalty for promotions.--Any qualifying educator
who performs qualifying service in an early childhood education
program or high need school and who is promoted to another
position within that early childhood program or high need
school after 1 or more years of qualifying service may continue
to be employed in such position in such program or school and
shall be eligible to count the period of employment in such
position as qualifying service for loan forgiveness pursuant to
subsection (b).
``(h) Definitions.--In this section:
``(1) Bureau of indian education funded elementary or
secondary school.--The term `Bureau of Indian Education funded
elementary or secondary school' means--
``(A) an elementary or secondary school or
dormitory operated by the Bureau of Indian Education;
``(B) an elementary or secondary school or
dormitory operated pursuant to a grant under the
Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501
et seq.); and
``(C) an elementary or secondary school or
dormitory operated pursuant to a contract under the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5301 et seq.).
``(2) Bureau of indian education early childhood
development program.--The term `Bureau of Indian Education
early childhood development program' means--
``(A) a program operating under a grant authorized
by section 1139 of the Education Amendments of 1978 (25
U.S.C. 2019); or
``(B) an early childhood education program operated
or funded by the Bureau of Indian Education (including
Family and Child Education programs at schools funded
by the Bureau of Indian Education authorized under
section 1121 of the Education Amendments of 1978 (25
U.S.C. 2001)).
``(3) Covered loan.--The term `covered loan' means a loan
made, insured, or guaranteed under this part.
``(4) Early childhood education program.--The term `early
childhood education program' means--
``(A) a high-need early childhood education program
as defined in section 200;
``(B) a Head Start program (including an Early Head
Start program) carried out under the Head Start Act (42
U.S.C. 9831 et seq.);
``(C) an early childhood education program, as
defined in section 103;
``(D) a Bureau of Indian Education early childhood
development program;
``(E) a Native Hawaiian education system early
childhood education program;
``(F) a Tribal early childhood education program;
or
``(G) a consortium of entities described in any of
subparagraphs (A) through (F).
``(5) High need school.--The term `high need school'
means--
``(A) a public elementary or secondary school--
``(i) with respect to which the number of
children meeting a measure of poverty under
section 1113(a)(5) of the Elementary and
Secondary Education Act of 1965, exceeds 30
percent of the total number of children
enrolled in such school; and
``(ii) that is served by a local
educational agency that is eligible for
assistance pursuant to part A of title I of the
Elementary and Secondary Education Act of 1965;
``(B) a public elementary or secondary school or
location operated by an educational service agency in
which the number of children meeting a measure of
poverty under section 1113(a)(5) of the Elementary and
Secondary Education Act of 1965 exceeds 30 percent of
the total number of children enrolled in such school or
location;
``(C) a public elementary or secondary school
identified by the State for comprehensive support and
improvement, targeted support and improvement, or
additional targeted support and improvement, under
section 1111 of the Elementary and Secondary Education
Act of 1965;
``(D) a Bureau of Indian Education funded
elementary or secondary school;
``(E) an elementary or secondary school operated by
a Tribal educational agency; or
``(F) a Native Hawaiian education system.
``(6) Indian tribe.--The term `Indian Tribe' means the
recognized governing body of any Indian or Alaska Native Tribe,
band, nation, pueblo, village, community, component band, or
component reservation, individually identified (including
parenthetically) in the list published most recently as of the
date of enactment of this subtitle pursuant to section 104 of
the Federally Recognized Indian Tribe List Act of 1994 (25
U.S.C. 5131).
``(7) Native hawaiian education system.--The term `Native
Hawaiian education system' means an entity eligible to receive
direct grants or enter into contracts with the Secretary under
section 6205 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7515) to carry out the authorized activities
under that section.
``(8) Qualifying educator.--Subject to subsection (i), the
term `qualifying educator' means--
``(A) an elementary or secondary school teacher
who--
``(i) has obtained full State or Tribal
certification and licensure requirements for
such employment; and
``(ii) has not had such certification or
licensure requirements waived on an emergency,
temporary, or provisional basis;
``(B) an early childhood educator who provides care
or instruction to children;
``(C) a school leader of an elementary or secondary
school who--
``(i) has obtained full State or Tribal
certification and licensure requirements for
such employment; and
``(ii) has not had such certification or
licensure requirements waived on an emergency,
temporary, or provisional basis; or
``(D) an early childhood education program director
(including a family child care provider).
``(9) Qualifying service.--
``(A) In general.--Subject to subparagraph (B), the
term `qualifying service' means--
``(i) in the case of a qualifying educator
described in subparagraph (A) or (C) of
paragraph (8), employment as a full-time
qualifying educator in a high need school; and
``(ii) in the case of a qualifying educator
described in subparagraph (B) or (D) of
paragraph (8), employment as a full-time
qualifying educator in an early childhood
education program (including school-based
programs).
``(B) Exception.--In the case of a qualifying
educator who is unable to complete a full school or
program year of service, that year may still be counted
toward the required qualifying service period under
paragraphs (1) and (2) of subsection (c) if--
``(i) the qualifying educator completed at
least one-half of the school or program year;
``(ii) the employer considers the
qualifying educator to have fulfilled the
contract requirements for the school or program
year for the purposes of salary increases,
tenure, and retirement; and
``(iii) the qualifying educator was unable
to complete the school or program year
because--
``(I) the qualifying educator
returned to postsecondary education, on
at least a half-time basis, in an area
of study directly related to the
performance of the qualifying service;
``(II) the qualifying educator
experienced a condition described in
section 102 of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2612);
``(III) the qualifying educator was
called or ordered to Federal or State
active duty status, or Active Service
as a member of a Reserve Component of
the Armed Forces named in section 10101
of title 10, United States Code, or
service as a member of the National
Guard on full-time National Guard duty,
as defined in section 101(d)(5) of
title 10, United States Code; or
``(IV) the qualifying educator
resides in or is employed in a disaster
area, as declared by any Federal,
State, or local official in connection
with a national emergency.
``(10) School leader.--The term `school leader' has the
meaning given that term in section 8101 of the Elementary and
Secondary Education Act of 1965.
``(11) Tribal early childhood education program.--The term
`Tribal early childhood education program' means any of the
following programs:
``(A) An American Indian or Alaska Native Head
Start or Early Head Start program carried out under the
Head Start Act (42 U.S.C. 9831 et seq.).
``(B) A Tribal child care and development program
carried out under the Child Care and Development Block
Grant of 1990 (42 U.S.C. 9858 et seq.).
``(C) A program serving children from birth through
age 6 that--
``(i) receives funding support from the
Native American language preservation and
maintenance program carried out under section
803C of the Native American Programs Act of
1974 (42 U.S.C. 2991b-3);
``(ii) is a Tribal prekindergarten program;
``(iii) is a program authorized under
section 619 or part C of the Individuals with
Disabilities Education Act; or
``(iv) is a center-based or group-based
early childhood learning or development program
that the Secretary determines shall be included
under this definition, after receiving a
request from an Indian Tribe.
``(12) Tribal educational agency.--The term `Tribal
educational agency' has the meaning given the term (without
respect to capitalization) in section 6132(b) of the Elementary
and Secondary Education Act of 1965.
``(13) Year.--The term `year', when applied to service as a
qualifying educator, means a school or program year as defined
by the Secretary or the Secretary of Health and Human Services,
as applicable.
``(i) Special Rule.--An educator that provides instruction or
curricular development in an Alaska Native, American Indian, or Native
Hawaiian language or a Native American language as defined in the
Native American Languages Act (25 U.S.C. 2902) shall be considered to
be a qualifying educator regardless of whether the educator has
achieved full State or Tribal certification and licensure requirements
for such employment.''.
(b) Enhanced Teacher Loan Cancellation Under the Direct Loan
Program.--Section 460 of the Higher Education Act of 1965 (20 U.S.C.
1087j) is amended to read as follows:
``SEC. 460. LOAN CANCELLATION FOR EDUCATORS.
``(a) Purpose.--It is the purpose of this section to enhance
student access to a well-prepared, diverse, and stable educator
workforce by eliminating debt burdens for educators in return for
service teaching and leading in high need schools or early childhood
education programs.
``(b) Program Authorized.--Not later than 270 days after the date
of enactment of the Loan Forgiveness for Educators Act of 2022, the
Secretary shall carry out a program of canceling, as required under
subsection (c), the obligation to repay a covered loan for qualifying
educators engaged in qualifying service. A qualifying educator may
apply for the program under this section after the Secretary has begun
carrying out the program.
``(c) Cancellation of Covered Loans.--
``(1) Cancellation of loans upon completion of qualifying
service.--
``(A) In general.--For each qualifying educator who
has completed 5 years of qualifying service (including
any qualifying service, as defined under this section
as in effect after the date of implementation of the
Loan Forgiveness for Educators Act of 2022, that may
have been completed or performed before or after such
date of implementation, or a combination of qualifying
service), the Secretary shall cancel an amount equal to
100 percent of the aggregate of the loan obligations
(including interest and fees) on all covered loans that
are outstanding as of the date of completion of such
fifth year of qualifying service.
``(B) Timing.--The years of qualifying service
required under subparagraph (A) may be consecutive or
nonconsecutive, and the qualifying educator may elect
which years of qualifying service to use for purposes
of this section.
``(2) Monthly loan cancellation.--Upon application by any
qualifying educator of a covered loan who is engaged in
qualifying service, and in addition to any loan cancellation
under paragraph (1), the Secretary shall enter into an
agreement with such qualifying educator, under which--
``(A) during the period of qualifying service (for
qualifying service that occurs after the date of
implementation of this Act), the Secretary agrees to
cancel the minimum monthly obligation on all covered
loans of the qualifying educator based on the repayment
plan selected by the qualifying educator (which, if the
educator chooses, shall include any income driven
repayment plan), for--
``(i) each month of qualifying service; and
``(ii) any summer or other school or
program year calendar breaks scheduled by a
qualifying school or early childhood education
program during a school or program year in
which the qualifying educator is engaged in
qualifying service;
``(B) during the period of qualifying service,
interest shall not accrue on the qualifying educator's
covered loans; and
``(C) during the period of qualifying service, each
monthly obligation that is cancelled by the Secretary
under this paragraph on a covered loan shall be deemed
to be a qualifying monthly payment made by the
qualifying educator for purposes of the loan
forgiveness program under section 455(m), if
applicable.
``(3) Application.--The Secretary shall develop and make
publicly available an application for qualifying educators who
wish to receive loan cancellation under this subsection. The
application shall--
``(A) be available for qualifying educators to file
for loan cancellation under paragraph (1) and for
monthly loan cancellation under paragraph (2);
``(B) include any certification requirements that
the Secretary determines are necessary to verify
qualifying service; and
``(C) allow for the verification of the qualifying
service--
``(i) in the case of an early childhood
educator or an elementary or secondary school
teacher serving in a high need school, by a
school leader or the administrator of a local
educational agency, educational service agency,
Bureau of Indian Education, Native Hawaiian
education system, or State educational agency
that serves the school (or the administrator's
designee);
``(ii) in the case of an early childhood
educator serving in a early childhood education
program, by the director of that program (or
the director's designee);
``(iii) in the case of a school leader
serving in a high need school, by the
administrator of a local educational agency,
educational service agency, Bureau of Indian
Education, Native Hawaiian education system, or
State educational agency that serves the school
(or the administrator's designee);
``(iv) in the case of a director of an
early childhood education program, a leader of
the entity overseeing the early childhood
education program; and
``(v) in the case of a family child care
provider or the director of an early childhood
education program that operates as a standalone
center-based program (for example, a case in
which the center is not part of a larger
company) that is an early childhood education
program, by self-certification with supporting
documents, such as a business license, a
listing with a public Child Care Resources and
Referral website, or proof of participation in
a Federal child care or preschool subsidy
program.
``(4) Parent plus loans.--
``(A) Parent plus loan on behalf of a student who
is a qualifying educator.--A borrower of a parent
Federal Direct PLUS Loan issued on behalf of a student
who is a qualifying educator shall qualify for loan
forgiveness and any other benefits under this section
for the qualifying service of the student in the same
manner and to the same extent as the student borrower
qualifies for such loan forgiveness and other benefits.
``(B) Parent plus loan borrowed by a parent who is
a qualifying educator.--The borrower of a parent
Federal Direct PLUS Loan issued on behalf of a student
who is not a qualifying educator shall also qualify for
loan forgiveness and any other benefits under this
section for qualifying service if that parent borrower
is engaged in qualifying service and meets the
requirements of this section.
``(5) Recipients of prior loan cancellation.--A qualifying
educator who received loan cancellation under this section as
in effect before the date of enactment of the Loan Forgiveness
for Educators Act of 2022--
``(A) shall be eligible for loan cancellation of
covered loans in accordance with subsection (c)(1),
including any remaining covered loans; and
``(B) may count the service completed that
qualified the qualifying educator for previous loan
cancellation as qualifying service for purposes of
subsection (c)(1).
``(6) Prohibition on requiring repayment.--A qualifying
educator shall not be required to repay any amounts paid under
this subsection if that qualifying educator who engages in
qualifying service ends the qualifying service before the end
of a school or program year, or before the end of the 5-year
period described in paragraph (1).
``(d) Regulations.--The Secretary is authorized to issue such
regulations as may be necessary to carry out the provisions of this
section.
``(e) Construction.--Nothing in this section shall be construed to
authorize any refunding of any canceled loan.
``(f) List.--
``(1) In General.--The Secretary shall--
``(A) as soon as practicable, produce and make
publicly available a list of high need schools for
purposes of this section; and
``(B) annually update such list.
``(2) List from previous year.--If the list of high need
schools in which a qualifying educator may perform qualifying
service is not available before May 1 of any year, the
Secretary may use the list for the year preceding the year for
which the determination is made to make a determination about
whether an individual meets the requirements for qualifying
service.
``(g) Additional Eligibility Provisions.--
``(1) Continued eligibility.--Any qualifying educator who
performs qualifying service in a school that--
``(A) is a high need school in any school year
during such service; and
``(B) in a subsequent school year fails to meet the
definition of a high need school,
may continue to serve in such school and shall be eligible for
loan cancellation pursuant to subsection (b).
``(2) Prevention of double benefits.--No qualifying
educator may, for the same service, receive a benefit under
both this section and--
``(A) section 428K; or
``(B) subtitle D of title I of the National and
Community Service Act of 1990 (42 U.S.C. 12601 et
seq.).
``(3) No penalty for promotions.--Any qualifying educator
who performs qualifying service in an early childhood education
program or high need school and who is promoted to another
position within that early childhood program or high need
school after 1 or more years of qualifying service may continue
to be employed in such position in such program or school and
shall be eligible to count the period of employment in such
position as qualifying service for loan cancellation pursuant
to subsection (b).
``(h) Definitions.--In this section:
``(1) Bureau of indian education funded elementary or
secondary school.--The term `Bureau of Indian Education funded
elementary or secondary school' means--
``(A) an elementary or secondary school or
dormitory operated by the Bureau of Indian Education;
``(B) an elementary or secondary school or
dormitory operated pursuant to a grant under the
Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501
et seq.); and
``(C) an elementary or secondary school or
dormitory operated pursuant to a contract under the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5301 et seq.).
``(2) Bureau of indian education early childhood
development program.--The term `Bureau of Indian Education
early childhood development program' means--
``(A) a program operating under a grant authorized
by section 1139 of the Education Amendments of 1978 (25
U.S.C. 2019); or
``(B) an early childhood education program operated
or funded by the Bureau of Indian Education (including
Family and Child Education programs at schools funded
by the Bureau of Indian Education authorized under
section 1121 of the Education Amendments of 1978 (25
U.S.C. 2001)).
``(3) Covered loan.--The term `covered loan' means a loan
made, insured, or guaranteed under this part.
``(4) Early childhood education program.--The term `early
childhood education program' means--
``(A) a high-need early childhood education program
as defined in section 200;
``(B) a Head Start program (including an Early Head
Start program) carried out under the Head Start Act (42
U.S.C. 9831 et seq.);
``(C) an early childhood education program, as
defined in section 103;
``(D) a Bureau of Indian Education early childhood
development program;
``(E) a Native Hawaiian education system early
childhood education program;
``(F) a Tribal early childhood education program;
or
``(G) a consortium of entities described in any of
subparagraphs (A) through (F).
``(5) High need school.--The term `high need school'
means--
``(A) a public elementary or secondary school--
``(i) with respect to which the number of
children meeting a measure of poverty under
section 1113(a)(5) of the Elementary and
Secondary Education Act of 1965, exceeds 30
percent of the total number of children
enrolled in such school; and
``(ii) that is served by a local
educational agency that is eligible for
assistance pursuant to part A of title I of the
Elementary and Secondary Education Act of 1965;
``(B) a public elementary or secondary school or
location operated by an educational service agency in
which the number of children meeting a measure of
poverty under section 1113(a)(5) of the Elementary and
Secondary Education Act of 1965 exceeds 30 percent of
the total number of children enrolled in such school or
location;
``(C) a public elementary or secondary school
identified by the State for comprehensive support and
improvement, targeted support and improvement, or
additional targeted support and improvement, under
section 1111 of the Elementary and Secondary Education
Act of 1965;
``(D) a Bureau of Indian Education funded
elementary or secondary school;
``(E) an elementary or secondary school operated by
a Tribal educational agency; or
``(F) a Native Hawaiian education system.
``(6) Indian tribe.--The term `Indian Tribe' means the
recognized governing body of any Indian or Alaska Native Tribe,
band, nation, pueblo, village, community, component band, or
component reservation, individually identified (including
parenthetically) in the list published most recently as of the
date of enactment of this subtitle pursuant to section 104 of
the Federally Recognized Indian Tribe List Act of 1994 (25
U.S.C. 5131).
``(7) Native hawaiian education system.--The term `Native
Hawaiian education system' means an entity eligible to receive
direct grants or enter into contracts with the Secretary under
section 6205 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7515) to carry out the authorized activities
under that section.
``(8) Qualifying educator.--Subject to subsection (i), the
term `qualifying educator' means--
``(A) an elementary or secondary school teacher
who--
``(i) has obtained full State or Tribal
certification and licensure requirements for
such employment; and
``(ii) has not had such certification or
licensure requirements waived on an emergency,
temporary, or provisional basis;
``(B) an early childhood educator who provides care
or instruction to children;
``(C) a school leader of an elementary or secondary
school who--
``(i) has obtained full State or Tribal
certification and licensure requirements for
such employment; and
``(ii) has not had such certification or
licensure requirements waived on an emergency,
temporary, or provisional basis; or
``(D) an early childhood education program director
(including a family child care provider).
``(9) Qualifying service.--
``(A) In general.--Subject to subparagraph (B), the
term `qualifying service' means--
``(i) in the case of a qualifying educator
described in subparagraph (A) or (C) of
paragraph (8), employment as a full-time
qualifying educator in a high need school; and
``(ii) in the case of a qualifying educator
described in subparagraph (B) or (D) of
paragraph (8), employment as a full-time
qualifying educator in an early childhood
education program (including school-based
programs).
``(B) Exception.--In the case of a qualifying
educator who is unable to complete a full school or
program year of service, that year may still be counted
toward the required qualifying service period under
paragraphs (1) and (2) of subsection (c) if--
``(i) the qualifying educator completed at
least one-half of the school or program year;
``(ii) the employer considers the
qualifying educator to have fulfilled the
contract requirements for the school or program
year for the purposes of salary increases,
tenure, and retirement; and
``(iii) the qualifying educator was unable
to complete the school or program year
because--
``(I) the qualifying educator
returned to postsecondary education, on
at least a half-time basis, in an area
of study directly related to the
performance of the qualifying service;
``(II) the qualifying educator
experienced a condition described in
section 102 of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2612);
``(III) the qualifying educator was
called or ordered to Federal or State
active duty status, or Active Service
as a member of a Reserve Component of
the Armed Forces named in section 10101
of title 10, United States Code, or
service as a member of the National
Guard on full-time National Guard duty,
as defined in section 101(d)(5) of
title 10, United States Code; or
``(IV) the qualifying educator
resides in or is employed in a disaster
area, as declared by any Federal,
State, or local official in connection
with a national emergency.
``(10) School leader.--The term `school leader' has the
meaning given that term in section 8101 of the Elementary and
Secondary Education Act of 1965.
``(11) Tribal early childhood education program.--The term
`Tribal early childhood education program' means any of the
following programs:
``(A) An American Indian or Alaska Native Head
Start or Early Head Start program carried out under the
Head Start Act (42 U.S.C. 9831 et seq.).
``(B) A Tribal child care and development program
carried out under the Child Care and Development Block
Grant of 1990 (42 U.S.C. 9858 et seq.).
``(C) A program serving children from birth through
age 6 that--
``(i) receives funding support from the
Native American language preservation and
maintenance program carried out under section
803C of the Native American Programs Act of
1974 (42 U.S.C. 2991b-3);
``(ii) is a Tribal prekindergarten program;
``(iii) is a program authorized under
section 619 or part C of the Individuals with
Disabilities Education Act; or
``(iv) is a center-based or group-based
early childhood learning or development program
that the Secretary determines shall be included
under this definition, after receiving a
request from an Indian Tribe.
``(12) Tribal educational agency.--The term `Tribal
educational agency' has the meaning given the term (without
respect to capitalization) in section 6132(b) of the Elementary
and Secondary Education Act of 1965.
``(13) Year.--The term `year', when applied to service as a
qualifying educator, means a school or program year as defined
by the Secretary or the Secretary of Health and Human Services,
as applicable.
``(i) Special Rule.--An educator that provides instruction or
curricular development in an Alaska Native, American Indian, or Native
Hawaiian language or a Native American language as defined in the
Native American Languages Act (25 U.S.C. 2902) shall be considered to
be a qualifying educator regardless of whether the educator has
achieved full State or Tribal certification and licensure requirements
for such employment.''.
(c) Effective Date; Program Name.--
(1) Effective date.--The amendments made by subsections (a)
and (b) shall take effect on the day that is 180 days after the
date of enactment of this Act.
(2) Program name.--The programs under section 428J and 460
of the Higher Education Act of 1965, as amended by subsections
(a) and (b), shall be known as Educator Loan Forgiveness
Programs.
(d) Technical Amendment.--Section 455(m)(4) of the Higher Education
Act of 1965 (20 U.S.C. 1087e(m)(4)) is amended by striking ``section
428J, 428K, 428L, or 460'' and inserting ``section 428K or 428L''.
SEC. 3. NOTICE TO BORROWERS.
Not later than 180 days after the Secretary of Education implements
the programs under this Act, the Secretary, in coordination with the
Secretary of Health and Human Services, shall take such steps as may be
necessary to inform high need schools and early childhood education
programs (as defined in section 460 of the Higher Education Act of
1965, as amended by this Act), Head Start programs (including Early
Head Start programs) carried out under the Head Start Act (42 U.S.C.
9831 et seq.), early childhood educators and program directors
(including family child care providers and program directors), public
school teachers, public school leaders, Bureau of Indian Education
school teachers, Bureau of Indian Education school leaders, Native
Hawaiian education system school teachers, Native Hawaiian education
system school leaders, local educational agency leaders (such as
superintendents), local educational agencies, educational service
agencies, educational service agency leaders, chief State school
officers, State educational agencies, students attending institutions
of higher education, and other student loan borrowers, of the
amendments made by this Act to the loan forgiveness and loan
cancellation programs under sections 428J and 460 of the Higher
Education Act of 1965 (20 U.S.C. 1078-10; 1087j), including an
explanation of how loans accrued before the date of enactment of this
Act may qualify for loan forgiveness or loan cancellation under such
sections, as amended by this Act, and an explanation of how service
performed before the date of enactment of this Act may count toward
qualifying service requirements for purposes of such sections, as
amended by this Act.
SEC. 4. WAIVER OF NEGOTIATED RULEMAKING.
In carrying out this Act and any amendments made by this Act, or
any regulations promulgated under this Act or under such amendments,
the Secretary of Education may waive the application of negotiated
rulemaking under section 492 of the Higher Education Act of 1965 (20
U.S.C. 1098a).
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