05/15/2014 1

NCHER Comments

Proposed Changes: Federal Direct Loan Program and Federal Family Education Loan Program Teacher Loan Forgiveness Forms

Federal Register Notice Published 3/19/2014

60-Day Comment Period

U.S. Department of Education’s Responses

05/22/2014

Substantive comments are those with bold and highlight in the left column. 

Recommendations

# Section Comment Proposed Language Rationale

 

 Teacher Loan Forgiveness Application Form

1. Header Revise as 

noted

TEACHER LOAN FORGIVENESS APPLICATION

William D. Ford Federal Direct Loan Program

Federal Family Education Loan Program 

You may qualify for loan forgiveness only if you had no outstanding balance on a Direct 

Loan or FFEL program loan on October 1, 1998, or on the date that you obtained a Direct 

Loan or FFEL program loan after October 1, 1998.

WARNING: Any person who knowingly makes a false statement or misrepresentation on this 

form or on any accompanying document is subject to penalties that may include fines, 

imprisonment, or both, under the U.S. Criminal Code and 20 U.S.C. 1097.

Although this information is in 

Section 7, adding it upfront in the 

header aids borrower awareness 

of what a ’new borrower’ is for the 

purposes of TLF.

ED RESPONSE: Because the reformatting of the TLF application increased the number of pages (due to the use of a larger font and more spacing between 

paragraphs), we removed this text from the first page to save space. As time goes on the “new borrower” limitation applies to fewer and fewer 

borrowers, so at this point we believe it’s sufficient to present this information only in the terms and conditions section of the form. 

2. Section 2, 

paragraph 1, 

sentence 1

Revise as 

noted

READ SECTIONS 7 THROUGH 10 BEFORE YOU BEGIN COMPLETING THE FORM. Sections 8 through 10 also contain 

very important information 

borrowers must be aware of before 

completing the form.

Striking “YOU BEGIN” makes the 

language consistent with other 

common forms and provides a 

better flow.

ED RESPONSE: Agree. 

3. Section 2, 

paragraph 2

Revise as 

noted

I request forgiveness of on my Direct Loan and/or FFEL program loan(s) based on my 

employment as a full-time teacher for at least five consecutive, complete academic years.

NOTE: School librarians, guidance counselors, and other administrative staff are not 

considered teachers for the purposes of this loan forgiveness program.

During the period that qualifies me for loan forgiveness –

Clarity. Using the word “on” more 

directly indicates that a loan may 

be only partially forgiven rather 

than fully forgiven, which is usually 

the case. The word “on” was used 

on all prior versions of this form for 

this reason.

Although this information is in the 
05/15/2014 2

Recommendations

# Section Comment Proposed Language Rationale

definition of a teacher in Section 8, 

adding the note about school staff 

that are not considered teachers

upfront aids borrower awareness 

of eligibility for TLF, eliminates 

confusion and lessens 

disappointment for teachers who 

may otherwise apply for this 

benefit.

ED RESPONSE: Space limitations do not allow for adding the suggested Note. However, we did change “of” to “on”. 

4. Section 2, 

Item (B)

Revise as 

noted

(B) I was (check one):

A full-time highly qualified full-time special education teacher for elementary school children 

with disabilities. The children’s disabilities corresponded to my special education training, and I 

demonstrated knowledge and teaching skills in the content areas of the elementary school 

curriculum (loan forgiveness of up to $17,500).

A full-time highly qualified full-time special education teacher for secondary school children 

with disabilities. The children’s disabilities corresponded to my special education training, and I 

demonstrated knowledge and teaching skills in the content areas of the secondary school 

curriculum (loan forgiveness of up to $17,500).

A full-time highly qualified full-time mathematics teacher for secondary school students (loan 

forgiveness of up to $17,500).

A full-time highly qualified full-time science teacher for secondary school students (loan 

forgiveness of up to $17,500).

A full-time secondary education teacher in a subject area relevant to my academic major,

(only for teaching service beginning prior to October 20, 2004) or a full-time highly qualified fulltime secondary education teacher (loan forgiveness of up to $5,000).

A full-time elementary education teacher and I demonstrated knowledge and teaching skills 

in reading, writing, mathematics, and other areas of the elementary school curriculum, (only for 

teaching service beginning prior to October 30, 2004) or a full-time highly qualified full-time

elementary education teacher (loan forgiveness of up to $5,000).

Placing the word “full-time” 

immediately in front of the type of 

teacher will help borrowers 

understand the eligibility criteria for 

TLF and align with regulatory intent 

(i.e., “taught math. . . on a full time 

basis”) We find this to be a big 

area of confusion for teachers, who 

think that they can be eligible 

because they are a ‘full time 

teacher’, yet they teach the subject 

matter only part time. . For 

example, some full-time teachers 

that have a few special education 

students in their class are not 

eligible, whereas a full-time special 

education teacher is eligible. 

Adding the parenthetical language 

in the text of the last two 

checkboxes will help borrowers 

understand more clearly the 

relationship of benefit eligibility to 

the years in which the teaching 

service was performed.

ED RESPONSE: We have made the recommended changes, with a slight modification of the new parenthetical text in the last two bullets. Specifically, we have 

revised the text to read “(only if my teaching service began before...)”. 

5. Section 4 Revise as 

noted

I understand that: (1) unless I notify my loan holder that I intend to make regular payments 

during this period, a forbearance of principal and accrued interest will be applied on the 

qualifying loan(s) from the date my loan holder receives my completed loan forgiveness 

application through the date the loan forgiveness request is approved or denied, unless I notify 

my loan holder that I intend to make regular payments during this period; (2) if the amount of 

loan forgiveness is greater than my current outstanding principal balance, making regular 

payments may reduce the amount of my loan forgiveness; (3) if I am past due on payments 

when this application is processed, my loan holder may grant me a separate forbearance to 

resolve the delinquency on these payments; and (4) any unpaid interest that accrues during 

each of these forbearance periods may be capitalized.

Better flow and clarity.

Clarification.

Grammatical correction.
05/15/2014 3

Recommendations

# Section Comment Proposed Language Rationale

I certify that: (1) the information I provided in Sections 1, 2 and 3 is true and correct; (2) I have 

read and understand the definitions in Sections 8 and 9, and the terms and conditions in 

Section 10 and I meet the eligibility requirements for teacher loan forgiveness.; and (3) I meet 

the eligibility requirements for teacher loan forgiveness as explained in Section 10.

Item (3) should also reference the 

borrower to sections 8 and 9. To 

avoid this redundancy, combine (2) 

and (3).

ED RESPONSE: We did not make the suggested changes in the “I understand” paragraph, with the exception of deleting the word “me”. We think the suggested 

revision of (1) is less clear than the current text, as the reference to “this period” comes before the text that explains what “this period” refers to. As for 

the suggested revision of (2), we think the suggested new text may be confusing, and it doesn’t seem necessary.

We have made the suggested changes in the “I certify” section, with slight modifications. 

6. Section 5 Revise as 

noted

Before completing this section, carefully read Sections 7 through 10. More than one chief 

administrative officer's certification may be required. Return the completed form to the 

borrower applicant.

I certify, to the best of my knowledge and belief, that: (1) the borrower applicant has met the 

requirements for loan forgiveness as specified in Sections 6, 7, and 8, 9, and 10, and (2) during 

the period for which the borrower applicant is seeking forgiveness, the borrower applicant was a 

teacher as defined in Sections 6 8 and 9 and taught full time for consecutive, complete 

academic year(s) at one or more eligible Title I schools or educational service agencies (ESAs) 

in the capacity that the borrower applicant has indicated in Section 2 from (mm-dd-yyyy) ___ 

___ - ___ ___ - ___ ___ ___ ___ to ___ ___ - ___ ___ - ___ ___ ___ ___.

School (not school district) or ESA Name ____________________________________

Check here if this is a school operated by the Bureau of Indian Education (BIE) or 

operated on an Indian reservation by an Indian tribal group under contract with the BIE.

School or ESA Address (Street, City, State, Zip Code) __________________________

School district ________________________________County______________________

The CAO would not intuitively think 

of the teacher as a “borrower”, but 

rather a person who is applying for 

TLF.

Correction.

Correction.

Adding a field for “School district” 

will help locate a school on the list 

of Title I schools.

ED RESPONSE: We have made the suggested changes. 

7. Section 7 Revise as 

noted

. . .

The chief administrative officer of the school or educational service agency at or for 

which where you performed your qualifying teaching service must complete Section 5. If 

you taught at more than one school or for more than one educational service agency during the 

same academic year, the chief administrative officer from one of the schools or educational 

service agencies may complete Section 5; however, all schools/educational agencies where 

you performed the five years of teaching service must be listed with the applicable years 

identified. If you taught at different schools or for different educational service agencies during 

different academic years, the chief administrative officers from all of the schools or educational 

service agencies must certify your eligibility. If you need more than one chief administrative 

officer's certification, the additional certifications, containing the information in Section 5, may 

be provided on a separate piece of paper and submitted with your completed form.

Return the completed form to the address shown in Section 6. If you are applying for 

forgiveness of loans that are held by different loan holders, you must submit a separate form to 

each loan holder. 

For ease of reading. 

To make it clear that no matter 

how many CAOs sign, all school 

information is needed.

ED RESPONSE: We have replaced “at or for which” with “where”, as suggested.
05/15/2014 4

Recommendations

# Section Comment Proposed Language Rationale

We partially accepted the recommended new text after the reference to “Section 5.” Since the sentence that precedes the suggested new text refers 

to teaching at more than one school or more than on ESA during the same academic year, the reference to “the applicable years” in the proposed 

new text does not seem appropriate. We have instead added a new sentence that read “However, all of the schools and/or educational service 

agencies must be listed.”

8. Section 8 Place 

definitions in 

alpha order

This will make it easier for 

borrowers to find definitions—they 

won’t have to scan the entire list. 

Also, provides consistency among

other common forms. 

ED RESPONSE: We believe it may be easier for borrowers to read this section if related definitions are grouped together, beginning with the definition of “teacher,” 

since that is the focus of the form. 

9. Section 8, 

special 

education

Revise as 

noted

o Special education means specially designed instruction, at no cost to parents, to meet the 

unique needs of a child with a disability. (see below), including instruction conducted in the 

classroom, in the home, in hospitals and institutions, and in other settings; and instruction 

in physical education (see below). 

o A child with a disability is a child who needs special education and related services 

because the child has mental retardation, a hearing impairment (including deafness), a 

speech or language impairment, a visual impairment (including blindness), a serious 

emotional disturbance, an orthopedic impairment, autism, a traumatic brain injury, another 

health impairment, or a specific learning disability. For a child age 3 through 9, the term “a 

child with a disability” may, at the discretion of the state and the local educational agency, 

include a child who needs special education and related services because the child is 

experiencing developmental delays, as defined by the state and as measured by 

appropriate diagnostic instruments and procedures, in one or more of the following areas: 

physical development, cognitive development, communication development, social or 

emotional development, or adaptive development.

o Physical education means the development of physical and motor fitness, fundamental 

motor skills and patterns, and skills in aquatics, dance, and individual and group games 

and sports (including intramural and lifetime sports), and includes special physical 

education, adapted physical education, movement education, and motor development.

Delete unnecessary language. 

This level of detail appears to 

confuse borrowers, particularly 

Speech Language Pathologists 

who point to this paragraph as 

evidence of their eligibility even 

when they do not hold a teaching 

license. It is adequate to define 

“special education” as noted with 

these revisions.

ED RESPONSE: We believe the definitions of these terms should be retained, as this information may be helpful to both borrowers and authorized certifying officials.

10. Section 8, 

chief 

administrative 

officer

Revise as 

noted

 The chief administrative officer is the official who has access to employment records that 

establish your eligibility for loan forgiveness in accordance with the requirements explained 

on this form, and who is authorized to verify your qualifying employment at a school or by 

an educational service agency. Depending on your employer, the chief administrative 

officer may be a principal, assistant principal, superintendent, a human resources official or 

other school district or educational service agency official, or a principal or assistant

principal.

Adding human resources official 

provides another source who has 

access to records about the 

teacher. Moving principal or 

assistant principal places 

authorized officials in a hierarchy 

list that aligns with most school 

districts’ rules regarding whether or 

not they authorize Principals to 

sign these forms.

ED RESPONSE: Agree. 

11. Section 9,

Private 

School 

Revise as 

noted

To be a highly qualified teacher, a teacher in a private, non-profit elementary or secondary 

school who is not a highly qualified teacher as defined above must be permitted to and satisfy 

rigorous subject knowledge and skills tests by taking competency tests in applicable grade 

Clarity. If the competency test must 

be recognized by five or more

states, “five” should be removed 
05/15/2014 5

Recommendations

# Section Comment Proposed Language Rationale

Teachers levels and subject areas. The competency tests must be recognized by five or more states for 

the purposes of fulfilling the highly qualified teacher requirements under section 9101 of the 

Elementary and Secondary Education Act of 1965. The teacher must also achieve a score on 

each test that equals or exceeds the average passing score for those five states.

from the last sentence for 

instances when the test is 

recognized by more than five 

states.

ED RESPONSE: Agree. 

12. Section 10, 

bullet 2

Revise as 

noted

 You are not eligible to receive forgiveness of on a defaulted loan unless you have first 

made satisfactory repayment arrangements with the holder of the defaulted loan.

Clarity. Using the word “on” more 

directly indicates that a loan may 

be only partially forgiven rather 

than fully forgiven, which is usually 

the case. The word “on” was used 

on all prior versions of this form for 

this reason.

ED RESPONSE: Agree. 

13. Section 10, 

bullet 3

Revise as 

noted

 Any loan for which you are seeking forgiveness must have been made before the end of 

your five consecutive, complete academic years of qualifying teaching service.

Consistency within the form.

ED RESPONSE: Agree. 

14. Section 10, 

bullet 9, 

NOTE, 

NOTE: Absence due to a period of postsecondary education, a condition covered under 

the FMLA, or active duty service, including the time needed for you to resume teaching no 

later than the beginning of the next regularly scheduled academic year, is not considered a 

break in the required five consecutive, complete years.

Consistency within the form.

ED RESPONSE: Agree. 

15. Section 10, 

bullet 13

Revise as 

noted

 If you receive loan forgiveness based on any false, fictitious, or fraudulent statements that 

you make on this form or on any accompanying documents, you may be required to repay 

the amount forgiven and you may be subject to civil and criminal penalties under applicable 

federal law.

It is important to let borrowers 

know that if information they 

provide proves to be fraudulent, 

the borrower will have to repay 

their loan. This aligns with 

information provided to borrowers 

on the total and permanent 

disability application.

ED RESPONSE: Agree. 

Teacher Loan Forgiveness Forbearance Request

1. Header Revise as 

noted

 TEACHER LOAN FORGIVENESS FORBEARANCE REQUEST

 William D. Ford Federal Direct Loan Program

 Federal Family Education Loan Program 

You may qualify for loan forgiveness only if you had no outstanding balance on a Direct Loan or 

FFEL program loan on October 1, 1998, or on the date that you obtained a Direct Loan or FFEL 

program loan after October 1, 1998.

WARNING: Any person who knowingly makes a false statement or misrepresentation on this 

Although this information is in 

Section 7, adding it upfront in the 

header aids borrower awareness 

of what a ’new borrower’ is for the 

purposes of TLF.
05/15/2014 6

Recommendations

# Section Comment Proposed Language Rationale

form or on any accompanying document is subject to penalties that may include fines, 

imprisonment, or both, under the U.S. Criminal Code and 20 U.S.C. 1097.

ED RESPONSE: See previous response. 

2. Section 2, 

paragraph 1

Revise as 

noted

READ SECTIONS 5 THROUGH 8 BEFORE YOU BEGIN COMPLETING THE FORM. Sections 8 through 10 also contain 

very important information 

borrowers must be aware of before 

completing the form.

Striking “YOU BEGIN” makes the 

language consistent with other 

common forms and provides a

better flow.

ED RESPONSE: Agree. 

3. Section 2 Revise as 

noted

(B) I was (check one):

A full-time highly qualified full-time special education teacher for elementary school children 

with disabilities. The children’s disabilities corresponded to my special education training, and I 

demonstrated knowledge and teaching skills in the content areas of the elementary school 

curriculum (loan forgiveness of up to $17,500).

A full-time highly qualified full-time special education teacher for secondary school children 

with disabilities. The children’s disabilities corresponded to my special education training, and I 

demonstrated knowledge and teaching skills in the content areas of the secondary school 

curriculum (loan forgiveness of up to $17,500).

A full-time highly qualified full-time mathematics teacher for secondary school students (loan 

forgiveness of up to $17,500).

A full-time highly qualified full-time science teacher for secondary school students (loan 

forgiveness of up to $17,500).

A full-time secondary education teacher in a subject area relevant to my academic major,

(only for teaching service beginning prior to October 20, 2004) or a full-time highly qualified fulltime secondary education teacher (loan forgiveness of up to $5,000).

A full-time elementary education teacher and I demonstrated knowledge and teaching skills 

in reading, writing, mathematics, and other areas of the elementary school curriculum, (only for 

teaching service beginning prior to October 30, 2004) or a full-time highly qualified full-time

elementary education teacher (loan forgiveness of up to $5,000).

Placing the word “full-time” 

immediately in front of the type of 

teacher will help borrowers 

understand the eligibility criteria for 

TLF and align with regulatory intent 

(i.e., “taught math. . . on a full time 

basis”) We find this to be a big 

area of confusion for teachers, who 

think that they can be eligible 

because they are a ‘full time 

teacher’, yet they teach the subject 

matter only part time. . For 

example, some full-time teachers 

that have a few special education 

students in their class are not 

eligible, whereas a full-time special 

education teacher is eligible. 

The word “corresponded” in both 

instances should be present tense 

– correction.

Adding the parenthetical language 

in the text of the last two 

checkboxes will help borrowers 

understand more clearly the 

relationship of benefit eligibility to 

the years in which the teaching 

service was performed.

ED RESPONSE: Agree. See previous response. 

4. Section 3, 

item 1

Revise as 

noted

(1) This forbearance is granted in twelve-month increments and if I choose to extend it, I must 

reapply each year during the five consecutive, complete academic years of required 

employment;

Consistency within the form.
05/15/2014 7

Recommendations

# Section Comment Proposed Language Rationale

ED RESPONSE: Agree. 

5. Section 3, 

item 4

Revise as 

noted

(4) If I am past due on payments not covered by this forbearance, my loan holder may grant me

a separate forbearance to resolve the delinquency on these payments at the time my request is 

processed.

Grammatical correction.

ED RESPONSE: Agree. 

6. Section 5, 

second to the 

last 

paragraph

Revise as 

noted

If you do not qualify for this forbearance this year, you may contact your loan holder(s) for other 

forbearance options or reapply for this forbearance in a year when you are completing one of 

your five consecutive, complete years of teaching service.

Clarity.

ED RESPONSE: Agree. 

7. Section 6,

Special 

education

Revise as 

noted

o Special education means specially designed instruction, at no cost to parents, to meet the 

unique needs of a child with a disability. (see below), including instruction conducted in the 

classroom, in the home, in hospitals and institutions, and in other settings; and instruction 

in physical education (see below). 

o A child with a disability is a child who needs special education and related services 

because the child has mental retardation, a hearing impairment (including deafness), a 

speech or language impairment, a visual impairment (including blindness), a serious 

emotional disturbance, an orthopedic impairment, autism, a traumatic brain injury, another 

health impairment, or a specific learning disability. For a child age 3 through 9, the term “a 

child with a disability” may, at the discretion of the state and the local educational agency,

include a child who needs special education and related services because the child is 

experiencing developmental delays, as defined by the state and as measured by 

appropriate diagnostic instruments and procedures, in one or more of the following areas: 

physical development, cognitive development, communication development, social or 

emotional development, or adaptive development.

o Physical education means the development of physical and motor fitness, fundamental 

motor skills and patterns, and skills in aquatics, dance, and individual and group games 

and sports (including intramural and lifetime sports), and includes special physical 

education, adapted physical education, movement education, and motor development.

Delete unnecessary language. 

This level of detail appears to 

confuse borrowers, particularly 

Speech Language Pathologists 

who point to this paragraph as 

evidence of their eligibility even 

when they do not hold a teaching 

license. It is adequate to define 

“special education” as noted with 

these revisions.

ED RESPONSE: See previous response. 

8. Section 6, 

bullet 7

Remove 

bolding in 

last 

sentence

 Loans that are eligible for forgiveness are Federal Direct Stafford/Ford Loans (Direct 

Subsidized Loans), Federal Direct Unsubsidized Stafford/Ford Loans (Direct Unsubsidized 

Loans), Subsidized Federal Stafford Loans, Unsubsidized Federal Stafford Loans, and any 

portion of a Federal Direct Consolidation Loan or Federal Consolidation Loan that paid off 

an eligible Direct Subsidized Loan, Direct Unsubsidized Loan, Subsidized Federal Stafford 

Loan, or Unsubsidized Federal Stafford Loan. Direct PLUS Loans, Federal PLUS Loans, 

and any portion of a Direct Consolidation Loan or Federal Consolidation Loan that 

repaid a PLUS loan are not eligible for forgiveness. 

While this information is needed on 

the form, it doesn’t need to be 

bolded.

ED RESPONSE: Agree. 

9. Section 7,

Private 

School 

Revise as 

noted

To be a highly qualified teacher, a teacher in a private, non-profit elementary or secondary 

school who is not a highly qualified teacher as defined above must be permitted to and satisfy 

rigorous subject knowledge and skills tests by taking competency tests in applicable grade 

Clarity. If the competency test must 

be recognized by five or more

states, “five” should be removed 
05/15/2014 8

Recommendations

# Section Comment Proposed Language Rationale

Teachers levels and subject areas. The competency tests must be recognized by five or more states for 

the purposes of fulfilling the highly qualified teacher requirements under section 9101 of the 

Elementary and Secondary Education Act of 1965. The teacher must also achieve a score on 

each test that equals or exceeds the average passing score for those five states.

from the last sentence for 

instances when the test is 

recognized by more than five 

states.

ED RESPONSE: Agree. 

10. Section 8 Place 

definitions in 

alpha order

This will make it easier for 

borrowers to find definitions—they 

won’t have to scan the entire list. 

Also, provides consistency among 

other common forms.

ED RESPONSE: See previous response. 

11. Section 8, 

bullet 6

Move bullet 

6 and place 

it as bullet 1

 You may qualify for forbearance while performing qualifying teaching service only if your 

loan holder determines that the expected forgiveness amount for which you are performing 

the service (up to $5,000 or up to $17,500, as applicable) will satisfy the anticipated 

outstanding balance of your eligible loan(s) at the end of your fifth year of qualifying 

teaching service.

 To qualify for loan forgiveness, you must not have had an outstanding balance on a Direct 

Loan or FFEL program loan on October 1, 1998, or on the date that you obtained a Direct 

Loan or FFEL program loan after October 1, 1998. This means that if you had an 

outstanding balance on one or more Direct Loan or FFEL program loans on October 1, 

1998, or on any Direct Loan or FFEL program loans that you obtained while you had an 

outstanding balance on a Direct Loan or FFEL program loan made on or before October 1, 

1998, you may qualify for loan forgiveness if you later paid all of those loans in full so that 

you had no outstanding balance on any Direct Loan or FFEL program loan at the time you 

obtained a new Direct Loan or FFEL program loan after October 1, 1998.

 . . .

 . . .

 . . .

 . . .

 You may qualify for forbearance while performing qualifying teaching service only if your 

loan holder determines that the expected forgiveness amount for which you are performing 

the service (up to $5,000 or up to $17,500, as applicable) will satisfy the anticipated 

outstanding balance of your eligible loan(s) at the end of your fifth year of qualifying 

teaching.

This will place the only bullet about 

the terms and conditions of the 

forbearance upfront for the 

borrower instead of in the middle of 

the terms and conditions for TLF 

forgiveness. Adding the word 

“service” at the end provides 

clarity. 

ED RESPONSE: Agree. 

12. Section 8, 

bullet 3

Revise as 

noted

 Any loan for which you are seeking forgiveness must have been made before the end of 

your five consecutive, complete academic years of qualifying teaching service.

Consistency within the form. 

ED RESPONSE: Agree. 
05/15/2014 9

Recommendations

# Section Comment Proposed Language Rationale

13. Section 8, 

bullet 10, 

NOTE

Revise as 

noted

NOTE: Absence due to a period of postsecondary education, a condition covered under 

the FMLA, or active duty service, including the time needed for you to resume teaching no 

later than the beginning of the next regularly scheduled academic year, is not considered a 

break in the required five consecutive, complete academic years.

Consistency within the form.

ED RESPONSE: Agree.