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Loan Forgiveness for Educators Act of 2026

Introduced May 19, 2026 · Last action May 19, 2026 Referred to the House Committee on Education and Workforce.

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Summary

This legislation is called the Loan Forgiveness for Educators Act of 2026. Referred to the House Committee on Education and Workforce.

Full bill text

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8896 Introduced in House (IH)]

<DOC>

119th CONGRESS
  2d Session
                                H. R. 8896

 To amend the Higher Education Act of 1965 to provide enhanced student
           loan relief to educators, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 19, 2026

Ms. Leger Fernandez (for herself, Mrs. Hayes, Ms. Craig, Ms. Stansbury,
  Mr. Garcia of Illinois, Ms. Bonamici, Mr. Peters, Mr. Carbajal, Ms.
Norton, Mr. DeSaulnier, and Mr. Correa) introduced the following bill;
     which was referred to the Committee on Education and Workforce

_______________________________________________________________________

                                 A BILL

 To amend the Higher Education Act of 1965 to provide enhanced student
           loan relief to educators, and for other purposes.

    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 2026''.

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 2026, 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 2026, 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 of 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 of
                the qualifying educator; 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 under section 455(m)(1)(A) 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 organization 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 effective date of the Loan Forgiveness for
        Educators Act of 2026--
                    ``(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 and
                early childhood education programs for purposes of this
                section;
                    ``(B) annually update such list; and
                    ``(C) notify State educational agencies, local
                educational agencies, educational services agencies,
                and State agencies that oversee early childhood
                education programs of the benefits to educators
                employed by the entities detailed in subparagraph (A).
            ``(2) List from previous year.--If the list of high need
        schools and early childhood education programs 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;
                    ``(G) a provider that receives funds under the
                Child Care and Development Block Grant Act of 1990 (42
                U.S.C. 9858 et seq.) (including such providers that are
                center-based and family child care providers); or
                    ``(H) a consortium of entities described in any of
                subparagraphs (A) through (G).
            ``(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 2026, 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 2026, 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
                assume and cancel the minimum monthly obligation on all
                covered loans of the qualifying educator based on the
                repayment plan of 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
                        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 under section 455(m)(1)(A) 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 child care 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 organization 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 effective date of the Loan Forgiveness for
        Educators Act of 2026--
                    ``(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 and
                early childhood education programs for purposes of this
                section;
                    ``(B) annually update such list; and
                    ``(C) notify State educational agencies, local
                educational agencies, educational services agencies,
                and State agencies that oversee early childhood
                education programs of the benefits to educators
                employed by the entities detailed in subparagraph (A).
            ``(2) List from previous year.--If the list of high need
        schools and early childhood education programs 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;
                    ``(G) a provider that receives funds under the
                Child Care and Development Block Grant Act of 1990 (42
                U.S.C. 9858 et seq.) (including such providers that are
                center-based and family child care providers); or
                    ``(H) a consortium of entities described in any of
                subparagraphs (A) through (G).
            ``(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>

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Status

In Committee

  1. 1Introduced
  2. 2Committee
  3. 3Floor
  4. 4Passed
  5. 5Signed

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