170 
‘‘(B) may count the service completed that 
qualified the qualifying educator for previous 
loan cancellation as qualifying service for pur-
poses of subsection (c)(1). 
‘‘(6) PROHIBITION
ON
REQUIRING
REPAY-
MENT.—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 
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171 
may perform qualifying service is not available be-
fore May 1 of any year, the Secretary may use the 
list for the year preceding the year for which the de-
termination 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 eli-
gible for loan cancellation pursuant to sub-
section (b). 
‘‘(2) PREVENTION OF DOUBLE BENEFITS.—No 
qualifying educator may, for the same service, re-
ceive 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.). 
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172 
‘‘(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 quali-
fying service for loan cancellation pursuant to sub-
section (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 
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173 
under the Indian Self-Determination and Edu-
cation 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 devel-
opment 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 Edu-
cation programs at schools funded by the Bu-
reau of Indian Education authorized under sec-
tion 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
PRO-
GRAM.—The term ‘early childhood education pro-
gram’ means— 
‘‘(A) a high-need early childhood education 
program as defined in section 200; 
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174 
‘‘(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 pro-
gram, 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 Elemen-
tary and Secondary Education Act of 
1965, exceeds 30 percent of the total num-
ber of children enrolled in such school; and 
‘‘(ii) that is served by a local edu-
cational agency that is eligible for assist-
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175 
ance 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 El-
ementary 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 
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