Secretary of Health and Human Services, as appli-
cable. 
‘‘(i) SPECIAL RULE.—An educator that provides in-
struction or curricular development in an Alaska Native, 
American Indian, or Native Hawaiian language or a Na-
tive 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 educa-
tor has achieved full State or Tribal certification and licen-
sure 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, the Secretary shall carry out a pro-
gram of canceling, as required under subsection (c), the 
obligation to repay a covered loan for qualifying educators 
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engaged in qualifying service. A qualifying educator may 
apply for the program under this section after the Sec-
retary has begun carrying out the program. 
‘‘(c) CANCELLATION OF COVERED LOANS.— 
‘‘(1) CANCELLATION OF LOANS UPON COMPLE-
TION OF QUALIFYING SERVICE.— 
‘‘(A) IN
GENERAL.—For each qualifying 
educator who has completed 5 years of quali-
fying service (including any qualifying service, 
as defined under this section as in effect after 
the date of implementation of the Loan For-
giveness for Educators Act, 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 quali-
fying educator may elect which years of quali-
fying service to use for purposes of this section. 
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‘‘(2) MONTHLY
LOAN
CANCELLATION.—Upon 
application by any qualifying educator of a covered 
loan who is engaged in qualifying service, and in ad-
dition 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 obliga-
tion on all covered loans of the qualifying edu-
cator based on the repayment plan selected by 
the qualifying educator (which, if the educator 
chooses, shall include any income driven repay-
ment 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 edu-
cation program during a school or program 
year in which the qualifying educator is en-
gaged in qualifying service; 
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‘‘(B) during the period of qualifying serv-
ice, interest shall not accrue on the qualifying 
educator’s covered loans; and 
‘‘(C) during the period of qualifying serv-
ice, each monthly obligation that is cancelled by 
the Secretary under this paragraph on a cov-
ered loan shall be deemed to be a qualifying 
monthly payment made by the qualifying educa-
tor for purposes of the loan forgiveness pro-
gram under section 455(m), if applicable. 
‘‘(3) APPLICATION.—The Secretary shall de-
velop and make publicly available an application for 
qualifying educators who wish to receive loan can-
cellation 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 para-
graph (2); 
‘‘(B) include any certification requirements 
that the Secretary determines are necessary to 
verify qualifying service; and 
‘‘(C) allow for the verification of the quali-
fying service— 
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‘‘(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 adminis-
trator of a local educational agency, edu-
cational service agency, Bureau of Indian 
Education, Native Hawaiian education sys-
tem, 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 edu-
cation 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 ad-
ministrator of a local educational agency, 
educational service agency, Bureau of In-
dian Education, Native Hawaiian edu-
cation system, or State educational agency 
that serves the school (or the administra-
tor’s designee); 
‘‘(iv) in the case of a director of an 
early childhood education program, a lead-
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er of the entity overseeing the early child-
hood education program; and 
‘‘(v) in the case of a family child care 
provider or the director of an early child-
hood education program that operates as a 
standalone center-based program (for ex-
ample, a case in which the center is not 
part of a larger company) that is an early 
childhood education program, by self-cer-
tification with supporting documents, such 
as a business license, a listing with a pub-
lic Child Care Resources and Referral 
website, or proof of participation in a Fed-
eral child care or preschool subsidy pro-
gram. 
‘‘(4) PARENT PLUS LOANS.— 
‘‘(A) PARENT PLUS LOAN ON BEHALF OF 
A
STUDENT
WHO
IS
A
QUALIFYING
EDUCA-
TOR.—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 
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the student borrower qualifies for such loan for-
giveness 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 bor-
rower is engaged in qualifying service and 
meets the requirements of this section. 
‘‘(5) RECIPIENTS OF PRIOR LOAN CANCELLA-
TION.—A qualifying educator who received loan can-
cellation under this section as in effect before the 
date of enactment of the Loan Forgiveness for Edu-
cators Act— 
‘‘(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 pur-
poses of subsection (c)(1). 
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‘‘(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 
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 
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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 el-
igible for loan cancellation pursuant to subsection 
(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.). 
‘‘(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 
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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 
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 
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‘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; 
‘‘(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; 
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‘‘(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-
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 
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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 
or Alaska Native Tribe, band, nation, pueblo, village, 
community, component band, or component reserva-
tion, individually identified (including parentheti-
cally) in the list published most recently as of the 
date of enactment of this subtitle pursuant to sec-
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tion 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 sub-
section (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 emer-
gency, temporary, or provisional basis; 
‘‘(B) an early childhood educator who pro-
vides care or instruction to children; 
‘‘(C) a school leader of an elementary or 
secondary school who— 
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‘‘(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 emer-
gency, 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 subpara-
graph 
(B), 
the 
term 
‘qualifying 
service’ 
means— 
‘‘(i) in the case of a qualifying educa-
tor 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 educa-
tor described in subparagraph (B) or (D) 
of paragraph (8), employment as a full- 
time qualifying educator in an early child-
hood education program (including school- 
based programs). 
‘‘(B) EXCEPTION.—In the case of a quali-
fying educator who is unable to complete a full 
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school or program year of service, that year 
may still be counted toward the required quali-
fying 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 quali-
fying 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 un-
able to complete the school or program 
year because— 
‘‘(I) the qualifying educator re-
turned to postsecondary education, on 
at least a half-time basis, in an area 
of study directly related to the per-
formance of the qualifying service; 
‘‘(II) the qualifying educator ex-
perienced a condition described in sec-
tion 102 of the Family and Medical 
Leave Act of 1993 (29 U.S.C. 2612); 
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‘‘(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 de-
fined in section 101(d)(5) of title 10, 
United States Code; or 
‘‘(IV) the qualifying educator re-
sides 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 edu-
cation program’ means any of the following pro-
grams: 
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‘‘(A) An American Indian or Alaska Native 
Head Start or Early Head Start program car-
ried 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 Amer-
ican Programs Act of 1974 (42 U.S.C. 
2991b–3); 
‘‘(ii) is a Tribal prekindergarten pro-
gram; 
‘‘(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, 
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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 appli-
cable. 
‘‘(i) SPECIAL RULE.—An educator that provides in-
struction or curricular development in an Alaska Native, 
American Indian, or Native Hawaiian language or a Na-
tive 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 educa-
tor has achieved full State or Tribal certification and licen-
sure 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. 
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(2) PROGRAM NAME.—The programs under sec-
tion 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 Edu-
cation implements the programs under this Act, the Sec-
retary, in coordination with the Secretary of Health and 
Human Services, shall take such steps as may be nec-
essary 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 pro-
grams) carried out under the Head Start Act (42 U.S.C. 
9831 et seq.), early childhood educators and program di-
rectors (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 edu-
cation system school teachers, Native Hawaiian education 
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system school leaders, local educational agency leaders 
(such as superintendents), local educational agencies, edu-
cational service agencies, educational service agency lead-
ers, 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), in-
cluding an explanation of how loans accrued before the 
date of enactment of this Act may qualify for loan forgive-
ness 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 sec-
tions, 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). 
Æ 
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