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20 U.S.C. § 1087j — Loan cancellation for teachers

Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1087j — Loan cancellation for teachers

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Source location: Title 20, Chapter 28, § 1087j; chapter-028-higher-education-resources-and-student-assistance.md

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**(a) Statement of purpose** It is the purpose of this section to encourage individuals to enter and continue in the teaching profession. **(b) Program authorized** The Secretary shall carry out a program of canceling the obligation to repay a qualified loan amount in accordance with subsection (c) for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans made under this part for any new borrower on or after October 1, 1998, who— (1) has been employed as a full-time teacher for 5 consecutive complete school years— (A) in a school or location that qualifies under [section 1087ee(a)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087ee/a/2/A&num=0&edition=prelim) for loan cancellation for Perkins loan recipients who teach in such schools or locations; and (B) if employed as an elementary school or secondary school teacher, is highly qualified as defined in section 9101 11 See References in Text note below. of the Elementary and Secondary Education Act of 1965 [[20 U.S.C. 7801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7801&num=0&edition=prelim)], or meets the requirements of subsection (g)(3); and (2) is not in default on a loan for which the borrower seeks forgiveness. **(c) Qualified loan amounts** (1) **In general** — The Secretary shall cancel not more than $5,000 in the aggregate of the loan obligation on a Federal Direct Stafford Loan or a Federal Direct Unsubsidized Stafford Loan that is outstanding after the completion of the fifth complete school year of teaching described in subsection (b)(1). No borrower may receive a reduction of loan obligations under both this section and [section 1078–10 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078-10&num=0&edition=prelim). (2) **Treatment of consolidation loans** — A loan amount for a Federal Direct Consolidation Loan may be a qualified loan amount for the purposes of this subsection only to the extent that such loan amount was used to repay a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan made under section 1078 or 1078–8 of this title, for a borrower who meets the requirements of subsection (b), as determined in accordance with regulations prescribed by the Secretary. (3) **Additional amounts for teachers in mathematics, science, or special education** — Notwithstanding the amount specified in paragraph (1), the aggregate amount that the Secretary shall cancel under this section shall be not more than $17,500 in the case of— (A) a secondary school teacher— (i) who meets the requirements of subsection (b); and (ii) whose qualifying employment for purposes of such subsection is teaching mathematics or science on a full-time basis; and (B) an elementary school or secondary school teacher— (i) who meets the requirements of subsection (b); (ii) whose qualifying employment for purposes of such subsection is as a special education teacher whose primary responsibility is to provide special education to children with disabilities (as those terms are defined in [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1401&num=0&edition=prelim)); and (iii) who, as certified by the chief administrative officer of the public or non-profit private elementary school or secondary school in which the borrower is employed, or, in the case of a teacher who is employed by an educational service agency, as certified by the chief administrative officer of such agency, is teaching children with disabilities that correspond with the borrower’s special education training and has demonstrated knowledge and teaching skills in the content areas of the elementary school or secondary school curriculum that the borrower is teaching. **(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** If the list of schools in which a teacher may perform service pursuant to subsection (b) 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 such service determination. **(g) Additional eligibility provisions** (1) **Continued eligibility** — Any teacher who performs service in a school that— (A) meets the requirements of subsection (b)(1)(A) in any year during such service; and (B) in a subsequent year fails to meet the requirements of such subsection, may continue to teach in such school and shall be eligible for loan cancellation pursuant to subsection (b). (2) **Prevention of double benefits** — No borrower may, for the same voluntary service, receive a benefit under both this section and— (A) [section 1078–11 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078-11&num=0&edition=prelim); (B) [section 1087e(m) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087e/m&num=0&edition=prelim); or (C) subtitle D of title I of the National and Community Service Act of 1990 ([42 U.S.C. 12601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12601&num=0&edition=prelim) et seq.). (3) **Private school teachers** — An individual who is employed as a teacher in a private school and is exempt from State certification requirements (unless otherwise applicable under State law), may, in lieu of the requirement of subsection (b)(1)(B), have such employment treated as qualifying employment under this section if such individual is permitted to and does satisfy rigorous subject knowledge and skills tests by taking competency tests in the applicable grade levels and subject areas. For such purposes, the competency tests taken by such a private school teacher shall be recognized by 5 or more States for the purpose of fulfilling the highly qualified teacher requirements under section 9101 1 of the Elementary and Secondary Education Act of 1965 [[20 U.S.C. 7801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7801&num=0&edition=prelim)], and the score achieved by such teacher on each test shall equal or exceed the average passing score of those 5 States. **(h) “Year” defined** For the purpose of this section, the term “year” where applied to service as a teacher means an academic year as defined by the Secretary.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1003 — Additional definitions

In this chapter: (1) **Authorizing committees** — The term “authorizing committees” means the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives. (2) **Combination of institutions of higher education** — The term “combination of institutions of higher education” means a group of institutions of higher education that have entered into a cooperative arrangement for the purpose of carrying out a common objective, or a public or private nonprofit agency, organization, or institution designated or created by a group of institutions of higher education for the purpose of carrying out a common objective on the group’s behalf. (3) **Critical foreign language** — Except as otherwise provided, the term “critical foreign language” means each of the languages contained in the list of critical languages designated by the Secretary in the Federal Register on August 2, 1985 (50 Fed. Reg. 31412; promulgated under the authority of section 212(d) of the Education for Economic Security Act (repealed by section 2303 of the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988)), as updated by the Secretary from time to time and published in the Federal Register, except that in the implementation of this definition with respect to a specific title, the Secretary may set priorities according to the purposes of such title and the national security, economic competitiveness, and educational needs of the United States. (4) **Department** — The term “Department” means the Department of Education. (5) **Diploma mill** — The term “diploma mill” means an entity that— (A) (i) offers, for a fee, degrees, diplomas, or certificates, that may be used to rep

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1001 — General definition of institution of higher education

**(a) Institution of higher education** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” means an educational institution in any State that— (1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of [section 1091(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1091/d&num=0&edition=prelim); (2) is legally authorized within such State to provide a program of education beyond secondary education; (3) provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary; (4) is a public or other nonprofit institution; and (5) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time. **(b) Additional institutions included** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” also includes— (1) any school that provides not less than a 1-year program of training to prepare students for gainful employment in a re

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12601 — National service educational awards

**(a) Eligibility generally** A participant in a national service program carried out using assistance provided to an applicant under [section 12571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12571&num=0&edition=prelim) shall be eligible for the national service educational award described in division D if the participant— (1) serves in an approved national service position; and (2) satisfies the eligibility requirements specified in [section 12602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12602&num=0&edition=prelim) with respect to service in that approved national service position. **(b) Special rule for VISTA volunteers** A VISTA volunteer who serves in an approved national service position shall be ineligible for a national service educational award if the VISTA volunteer accepts the stipend authorized under [section 4955(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4955/a/1&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1002 — Definition of institution of higher education for purposes of student assistance programs

**(a) Definition of institution of higher education for purposes of student assistance programs** (1) **Inclusion of additional institutions** — Subject to paragraphs (2) through (4) of this subsection, the term “institution of higher education” for purposes of subchapter IV includes, in addition to the institutions covered by the definition in [section 1001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1001&num=0&edition=prelim)— (A) a proprietary institution of higher education (as defined in subsection (b) of this section); (B) a postsecondary vocational institution (as defined in subsection (c) of this section); and (C) only for the purposes of part D of subchapter IV, an institution outside the United States that is comparable to an institution of higher education as defined in [section 1001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1001&num=0&edition=prelim) and that has been approved by the Secretary for the purpose of part D of subchapter IV, consistent with the requirements of [section 1087b(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087b/d&num=0&edition=prelim). (2) **Institutions outside the United States** (A) *In general* — For the purpose of qualifying as an institution under paragraph (1)(C), the Secretary shall establish criteria by regulation for the approval of institutions outside the United States and for the determination that such institutions are comparable to an institution of higher education as defined in [section 1001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1001&num=0&edition=prelim) (except that a graduate medical school, nursing schoo

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 7801 — Definitions

Except as otherwise provided, in this chapter: (1) **Average daily attendance** (A) *In general* — Except as provided otherwise by State law or this paragraph, the term “average daily attendance” means— (i) the aggregate number of days of attendance of all students during a school year; divided by (ii) the number of days school is in session during that year. (B) *Conversion* — The Secretary shall permit the conversion of average daily membership (or other similar data) to average daily attendance for local educational agencies in States that provide State aid to local educational agencies on the basis of average daily membership (or other similar data). (C) *Special rule* — If the local educational agency in which a child resides makes a tuition or other payment for the free public education of the child in a school located in another school district, the Secretary shall, for the purpose of this chapter— (i) consider the child to be in attendance at a school of the agency making the payment; and (ii) not consider the child to be in attendance at a school of the agency receiving the payment. (D) *Children with disabilities* — If a local educational agency makes a tuition payment to a private school or to a public school of another local educational agency for a child with a disability, as defined in [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1401&num=0&edition=prelim), the Secretary shall, for the purpose of this chapter, consider the child to be in attendance at a school of the agency making the payment. (2) **Average per-pupil expenditure** — The term “average per-pupil expenditure” means, in the case of a State or of the United States— (A) without regard to the source o

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20 U.S.C. § 1401 — Definitions

Except as otherwise provided, in this chapter: (1) **Assistive technology device** (A) *In general* — The term “assistive technology device” means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of a child with a disability. (B) *Exception* — The term does not include a medical device that is surgically implanted, or the replacement of such device. (2) **Assistive technology service** — The term “assistive technology service” means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. Such term includes— (A) the evaluation of the needs of such child, including a functional evaluation of the child in the child’s customary environment; (B) purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by such child; (C) selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices; (D) coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs; (E) training or technical assistance for such child, or, where appropriate, the family of such child; and (F) training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of such child. (3) **Child with a disability** (A) *In general* — The term “child with a disabil

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42 U.S.C. § 12571 — Repealed. Pub. L. 113–188, title III, § 301(a), Nov. 26, 2014, 128 Stat. 2018

### Statutory Notes Section, Pub. L. 101–610, title I, § 120, as added Pub. L. 111–13, title I, § 1205, Apr. 21, 2009, 123 Stat. 1483, provided for a 10-year longitudinal study and reports on the impact of the activities carried out under this division.

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42 U.S.C. § 12501 — Actions under national service laws to be subject to availability of appropriations

No action involving the obligation or expenditure of funds may be taken under one of the national service laws (as defined in section 12511(15) 11 See References in Text note below. of this title) unless and until the Corporation for National and Community Service has sufficient appropriations available at the time such action is taken to satisfy the obligation to be incurred or make the expenditure to be made.

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20 U.S.C. § 1078–10 — Loan forgiveness for teachers

**(a) Statement of purpose** It is the purpose of this section to encourage individuals to enter and continue in the teaching profession. **(b) Program authorized** The Secretary shall carry out a program, through the holder of the loan, of assuming the obligation to repay a qualified loan amount for a loan made under section 1078 or 1078–8 of this title, in accordance with subsection (c), for any new borrower on or after October 1, 1998, who— (1) has been employed as a full-time teacher for 5 consecutive complete school years— (A) in a school or location that qualifies under [section 1087ee(a)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087ee/a/2/A&num=0&edition=prelim) for loan cancellation for Perkins loan recipients who teach in such schools or locations; and (B) if employed as an elementary school or secondary school teacher, is highly qualified as defined in section 9101 11 See References in Text note below. of the Elementary Secondary 22 So in original. Probably should be preceded by “and”. Education Act of 1965 [[20 U.S.C. 7801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7801&num=0&edition=prelim)], or meets the requirements of subsection (g)(3); and (2) is not in default on a loan for which the borrower seeks forgiveness. **(c) Qualified loans amount** (1) **In general** — The Secretary shall repay not more than $5,000 in the aggregate of the loan obligation on a loan made under section 1078 or 1078–8 of this title that is outstanding after the completion of the fifth complete school year of teaching described in subsection (b)(1). No borrower may receive a reduction of loan obligations under both this section and [section 1087j of this title](https://uscode.house.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1087j — Loan cancellation for teachers

Page 577 TITLE 20—EDUCATION § 1087j 1 See References in Text note below. Loan made under section 1087e(g) of this title, except that— (1) in determining the applicable rate of in- terest on the Federal Direct Consolidation Loan made under this section (other than on a Federal Direct Consolidation Loan described in paragraph (2)), section 1077a(l)(3) of this title shall be applied without rounding the weighted average of the interest rate on the loans consolidated to the nearest higher one- eighth of 1 percent as described in subpara- graph (A) of section 1077a(l)(3) of this title; and (2) if a Federal Direct Consolidation Loan made under this section that repays a loan which is subject to an interest rate deter- mined under section 1077a(g)(2), (j)(2), or (k)(2) of this title, then the interest rate for such Federal Direct Consolidation Loan shall be calculated— (A) by using the applicable rate of interest described in section 1077a(g)(2), (j)(2), or (k)(2) of this title, respectively; and (B) in accordance with section 1077a(l)(3) of this title. (Pub. L. 89–329, title IV, § 459B, as added Pub. L. 111–152, title II, § 2206(b), Mar. 30, 2010, 124 Stat. 1075.) § 1087j. Loan cancellation for teachers (a) Statement of purpose It is the purpose of this section to encourage individuals to enter and continue in the teach- ing profession. (b) Program authorized The Secretary shall carry out a program of canceling the obligation to repay a qualified loan amount in accordance with subsection (c) for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans made under this part for any new borrower on or after Octo- ber 1, 1998, who— (1) has been employed as a full-time teacher for 5 consecutive complete school years— (A) in a sc

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