Loan Forgiveness for Educators Act of 2022
Bill: S.4867 | Sponsor: Sen. Lujan, Ben Ray (D-NM)
Policy area: Education

Summary:
Loan Forgiveness for Educators Act of 2022
This bill expands the Teacher Loan Forgiveness program. Among other provisions, the bill (1) renames the program the Educator Loan Forgiveness program, (2) expands program eligibility to early childhood educators and program directors serving in early childhood education programs and school leaders serving in public high-need schools, and (3) establishes a program in which the Department of Education cancels monthly student loan payments during qualifying service and provides complete loan forgiveness after five years of service.

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).
                                 <all>