,,ii #aaith ,,congress #b;d ,session ,s4 #defg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ai1 #bjbf,mr4 ,lujn 7for himself1 ,mr4 ,padilla1 ,mr4 ,blumenthal1 ,mr4 ,kaine1 ,mr4 ,merkley1 ,mr4 ,kelly1 ,mr4 ,van ,hollen1 ,mr4 ,heinrich1 ,ms4 ,smith1 ,mr4 ,gallego1 ,mr4 ,booker1 ,mr4 ,wyden1 ,mr4 ,reed1 and ,ms4 ,baldwin7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,higher ,education ,act of #aife to provide enhanced student loan relief to educators1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,loan ,forgiveness for ,educators ,act of #bjbf4 #b4 ,loan forgiveness and cancellation for educators 7a7 ,enhanced teacher loan forgiveness under the ,,ffel program ,section #dbh;,j of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgh-aj7 is amended to read as follows3 #dbh;,j4 ,loan forgiveness for educators 7a7 ,purpose ,it is the purpose of this section to enhance student access to a well-prepared1 diverse1 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 programs4 7b7 ,program authorized ,not later than #bgj days after the date of enactment of the ,loan ,forgiveness for ,educators ,act of #bjbf1 the ,secretary shall carry out a program1 through the holder of the loan1 of assuming1 as required under subsection 7c71 the obligation to repay a covered loan for qualifying educators engaged in qualifying service4 ,a qualifying educator may apply for the program under this section after the ,secretary has begun carrying out the program4 7c7 ,forgiveness of covered loans 7#a7 ,forgiveness of loans upon completion of qualifying service 7,a7 ,in ,general ,for each qualifying educator who has completed #e years of qualifying service 7including any qualifying service1 as defined under this section as in effect after the date of implementation of the ,loan ,forgiveness for ,educators ,act of #bjbf1 that may have been completed or performed before or after such date of implementation1 or a combination of qualifying service71 the ,secretary shall assume the obligation to repay an amount equal to #ajj percent of the aggregate of the loan obligations 7including interest and fees7 on all covered loans that are outstanding as of the date of completion of such fifth year of qualifying service4 7,b7 ,timing ,the years of qualifying service required under subparagraph 7,a7 may be consecutive or nonconsecutive1 and the qualifying educator may elect which years of qualifying service to use for purposes of subparagraph 7,a74 7#b7 ,monthly loan forgiveness ,upon application by any qualifying educator who has a covered loan and who is engaged in qualifying service1 and in addition to any loan forgiveness under paragraph 7#a71 the ,secretary shall enter into an agreement with such qualifying educator1 under which-- 7,a7 during the period of qualifying service 7for qualifying service that occurs after the date of implementation of this ,act71 the ,secretary agrees to assume the obligation to repay the minimum monthly obligation on all covered loans of the qualifying educator1 based on the repayment plan of the qualifying educator1 for-- 7i7 each month of qualifying service2 and 7ii7 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 service2 7,b7 during the period of qualifying service1 the assumption of the monthly loan obligation provided will serve as a monthly payment1 considered paid in full by the qualifying educator1 based on the repayment plan of the qualifying educator2 and 7,c7 during the period of qualifying service1 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 #dee7m77#a77;,a7 for purposes of the loan forgiveness program under section #dee7m71 if applicable4 7#c7 ,application ,the ,secretary shall develop and make publicly available an application for qualifying educators who wish to receive loan forgiveness under this subsection4 ,the application shall-- 7,a7 be available for qualifying educators to file for loan forgiveness under paragraph 7#a7 and for monthly loan forgiveness under paragraph 7#b72 7,b7 include any certification requirements that the ,secretary determines are necessary to verify qualifying service2 and 7,c7 allow for the verification of the qualifying service-- 7i7 in the case of an early childhood educator or an elementary or secondary school teacher serving in a high need school1 by a school leader or the administrator of a local educational agency1 educational service agency1 ,bureau of ,indian ,education1 ,native ,hawaiian education system1 or ,state educational agency that serves the school 7or the administrator's designee72 7ii7 in the case of an early childhood educator serving in an early childhood education program1 by the director of that program 7or the director's designee72 7iii7 in the case of a school leader serving in a high need school1 by the administrator of a local educational agency1 educational service agency1 ,bureau of ,indian ,education1 ,native ,hawaiian education system1 or ,state educational agency that serves the school 7or the administrator's designee72 7iv7 in the case of a director of an early childhood education program1 a leader of the entity overseeing the early childhood education program2 and 7v7 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 7for example1 a case in which the center is not part of a larger company7 that is an early childhood education program1 by self-certification with supporting documents1 such as a business license1 a listing with a public child care resources and referral organization website1 or proof of participation in a ,federal child care or preschool subsidy program4 7#d7 ,parent plus loans 7,a7 ,parent ,,plus ,loan on behalf of a student who is a qualifying educator ,a borrower of a parent loan under section #dbh;,b 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 benefits4 7,b7 ,parent ,,plus ,loan borrowed by a parent who is a qualifying educator ,the borrower of a parent loan under section #dbh;,b 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 section4 7#e7 ,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 #bjbf-- 7,a7 shall be eligible for loan forgiveness of covered loans in accordance with paragraph 7#a71 including any remaining covered loans2 and 7,b7 may count the service completed that qualified the qualifying educator for previous loan forgiveness as qualifying service for purposes of paragraph 7#a74 7#f7 ,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 year1 or before the end of the #e-year period described in paragraph 7#a74 7d7 ,regulations ,the ,secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section4 7e7 ,construction ,nothing in this section shall be construed to authorize any refunding of any repayment of a loan4 7f7 ,list 7#a7 ,in general ,the ,secretary shall-- 7,a7 as soon as practicable1 produce and make publicly available a list of high need schools and early childhood education programs for purposes of this section2 7,b7 annually update such list2 and 7,c7 notify ,state educational agencies1 local educational agencies1 educational services agencies1 and ,state agencies that oversee early childhood education programs of the benefits to educators employed by the entities detailed in subparagraph 7,a74 7#b7 ,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 #a of any year1 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 service4 7g7 ,additional eligibility provisions 7#a7 ,continued eligibility ,any qualifying educator who performs qualifying service in a school that-- 7,a7 is a high need school in any school year during such service2 and 7,b7 in a subsequent school year fails to meet the definition of a high need school1 may continue to serve in such school and shall be eligible for loan forgiveness pursuant to subsection 7b74 7#b7 ,prevention of double benefits ,no qualifying educator may1 for the same service1 receive a benefit under both this section and-- 7,a7 section #dbh,k2 or 7,b7 subtitle ,d of title ,i of the ,national and ,community ,service ,act of #aiij 7#db ,u4,s4,c4 #abfja et seq474 7#c7 ,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 #a 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 7b74 7h7 ,definitions ,in this section3 7#a7 ,bureau of ,indian ,education funded elementary or secondary school ,the term ,bureau of ,indian ,education funded elementary or secondary school means-- 7,a7 an elementary or secondary school or dormitory operated by the ,bureau of ,indian ,education2 7,b7 an elementary or secondary school or dormitory operated pursuant to a grant under the ,tribally ,controlled ,schools ,act of #aihh 7#be ,u4,s4,c4 #beja et seq472 and 7,c7 an elementary or secondary school or dormitory operated pursuant to a contract under the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecja et seq474 7#b7 ,bureau of ,indian ,education early childhood development program ,the term ,bureau of ,indian ,education early childhood development program means-- 7,a7 a program operating under a grant authorized by section #aaci of the ,education ,amendments of #aigh 7#be ,u4,s4,c4 #bjai72 or 7,b7 an early childhood education program operated or funded by the ,bureau of ,indian ,education 7including ,family and ,child ,education programs at schools funded by the ,bureau of ,indian ,education authorized under section #aaba of the ,education ,amendments of #aigh 7#be ,u4,s4,c4 #bjja774 7#c7 ,covered loan ,the term covered loan means a loan made1 insured1 or guaranteed under this part4 7#d7 ,early childhood education program ,the term early childhood education program means-- 7,a7 a high-need early childhood education program as defined in section #bjj2 7,b7 a ,head ,start program 7including an ,early ,head ,start program7 carried out under the ,head ,start ,act 7#db ,u4,s4,c4 #ihca et seq472 7,c7 an early childhood education program1 as defined in section #ajc2 7,d7 a ,bureau of ,indian ,education early childhood development program2 7,e7 a ,native ,hawaiian education system early childhood education program2 7,f7 a ,tribal early childhood education program2 7,g7 a provider that receives funds under the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh et seq47 7including such providers that are center-based and family child care providers72 or 7,h7 a consortium of entities described in any of subparagraphs 7,a7 through 7,g74 7#e7 ,high need school ,the term high need school means-- 7,a7 a public elementary or secondary school-- 7i7 with respect to which the number of children meeting a measure of poverty under section #aaac7;a77#e7 of the ,elementary and ,secondary ,education ,act of #aife1 exceeds #cj percent of the total number of children enrolled in such school2 and 7ii7 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 #aife2 7,b7 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 #aaac7;a77#e7 of the ,elementary and ,secondary ,education ,act of #aife exceeds #cj percent of the total number of children enrolled in such school or location2 7,c7 a public elementary or secondary school identified by the ,state for comprehensive support and improvement1 targeted support and improvement1 or additional targeted support and improvement1 under section #aaaa of the ,elementary and ,secondary ,education ,act of #aife2 7,d7 a ,bureau of ,indian ,education funded elementary or secondary school2 7,e7 an elementary or secondary school operated by a ,tribal educational agency2 or 7,f7 a ,native ,hawaiian education system4 7#f7 ,indian tribe ,the term ,indian ,tribe means the recognized governing body of any ,indian or ,alaska ,native ,tribe1 band1 nation1 pueblo1 village1 community1 component band1 or component reservation1 individually identified 7including parenthetically7 in the list published most recently as of the date of enactment of this subtitle pursuant to section #ajd of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eaca74 7#g7 ,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 #fbje of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #geae7 to carry out the authorized activities under that section4 7#h7 ,qualifying educator ,subject to subsection 7i71 the term qualifying educator means-- 7,a7 an elementary or secondary school teacher who-- 7i7 has obtained full ,state or ,tribal certification and licensure requirements for such employment2 and 7ii7 has not had such certification or licensure requirements waived on an emergency1 temporary1 or provisional basis2 7,b7 an early childhood educator who provides care or instruction to children2 7,c7 a school leader of an elementary or secondary school who-- 7i7 has obtained full ,state or ,tribal certification and licensure requirements for such employment2 and 7ii7 has not had such certification or licensure requirements waived on an emergency1 temporary1 or provisional basis2 or 7,d7 an early childhood education program director 7including a family child care provider74 7#i7 ,qualifying service 7,a7 ,in ,general ,subject to subparagraph 7,b71 the term qualifying service means-- 7i7 in the case of a qualifying educator described in subparagraph 7,a7 or 7,c7 of paragraph 7#h71 employment as a full-time qualifying educator in a high need school2 and 7ii7 in the case of a qualifying educator described in subparagraph 7,b7 or 7,d7 of paragraph 7#h71 employment as a full-time qualifying educator in an early childhood education program 7including school-based programs74 7,b7 ,exception ,in the case of a qualifying educator who is unable to complete a full school or program year of service1 that year may still be counted toward the required qualifying service period under paragraphs 7#a7 and 7#b7 of subsection 7c7 if-- 7i7 the qualifying educator completed at least one-half of the school or program year2 7ii7 the employer considers the qualifying educator to have fulfilled the contract requirements for the school or program year for the purposes of salary increases1 tenure1 and retirement2 and 7iii7 the qualifying educator was unable to complete the school or program year because-- 7,i7 the qualifying educator returned to postsecondary education1 on at least a half-time basis1 in an area of study directly related to the performance of the qualifying service2 7,,ii7 the qualifying educator experienced a condition described in section #ajb of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfab72 7,,iii7 the qualifying educator was called or ordered to ,federal or ,state active duty status1 or ,active ,service as a member of a ,reserve ,component of the ,armed ,forces named in section #ajaja of title #aj1 ,united ,states ,code1 or service as a member of the ,national ,guard on full-time ,national ,guard duty1 as defined in section #aja7;d77#e7 of title #aj1 ,united ,states ,code2 or 7,,iv7 the qualifying educator resides in or is employed in a disaster area1 as declared by any ,federal1 ,state1 or local official in connection with a national emergency4 7#aj7 ,school ,leader ,the term school leader has the meaning given that term in section #haja of the ,elementary and ,secondary ,education ,act of #aife4 7#aa7 ,tribal early childhood education program ,the term ,tribal early childhood education program means any of the following programs3 7,a7 ,an ,american ,indian or ,alaska ,native ,head ,start or ,early ,head ,start program carried out under the ,head ,start ,act 7#db ,u4,s4,c4 #ihca et seq474 7,b7 ,a ,tribal child care and development program carried out under the ,child ,care and ,development ,block ,grant of #aiij 7#db ,u4,s4,c4 #iheh et seq474 7,c7 ,a program serving children from birth through age #f that-- 7i7 receives funding support from the ,native ,american language preservation and maintenance program carried out under section #hjc;,c of the ,native ,american ,programs ,act of #aigd 7#db ,u4,s4,c4 #biia;b-#c72 7ii7 is a ,tribal prekindergarten program2 7iii7 is a program authorized under section #fai or part ,c of the ,individuals with ,disabilities ,education ,act2 or 7iv7 is a center-based or group-based early childhood learning or development program that the ,secretary determines shall be included under this definition1 after receiving a request from an ,indian ,tribe4 7#ab7 ,tribal educational agency ,the term ,tribal educational agency has the meaning given the term 7without respect to capitalization7 in section #facb7;b7 of the ,elementary and ,secondary ,education ,act of #aife4 7#ac7 ,year ,the term year1 when applied to service as a qualifying educator1 means a school or program year as defined by the ,secretary or the ,secretary of ,health and ,human ,services1 as applicable4 7i7 ,special rule ,an educator that provides instruction or curricular development in an ,alaska ,native1 ,american ,indian1 or ,native ,hawaiian language or a ,native ,american language as defined in the ,native ,american ,languages ,act 7#be ,u4,s4,c4 #bijb7 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 employment4 4 7b7 ,enhanced teacher loan cancellation under the ,direct ,loan program ,section #dfj of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;j7 is amended to read as follows3 #dfj4 ,loan cancellation for educators 7a7 ,purpose ,it is the purpose of this section to enhance student access to a well-prepared1 diverse1 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 programs4 7b7 ,program authorized ,not later than #bgj days after the date of enactment of the ,loan ,forgiveness for ,educators ,act of #bjbf1 the ,secretary shall carry out a program of canceling1 as required under subsection 7c71 the obligation to repay a covered loan for qualifying educators engaged in qualifying service4 ,a qualifying educator may apply for the program under this section after the ,secretary has begun carrying out the program4 7c7 ,cancellation of covered loans 7#a7 ,cancellation of loans upon completion of qualifying service 7,a7 ,in ,general ,for each qualifying educator who has completed #e years of qualifying service 7including any qualifying service1 as defined under this section as in effect after the date of implementation of the ,loan ,forgiveness for ,educators ,act of #bjbf1 that may have been completed or performed before or after such date of implementation1 or a combination of qualifying service71 the ,secretary shall cancel an amount equal to #ajj percent of the aggregate of the loan obligations 7including interest and fees7 on all covered loans that are outstanding as of the date of completion of such fifth year of qualifying service4 7,b7 ,timing ,the years of qualifying service required under subparagraph 7,a7 may be consecutive or nonconsecutive1 and the qualifying educator may elect which years of qualifying service to use for purposes of this section4 7#b7 ,monthly loan cancellation ,upon application by any qualifying educator of a covered loan who is engaged in qualifying service1 and in addition to any loan cancellation under paragraph 7#a71 the ,secretary shall enter into an agreement with such qualifying educator1 under which-- 7,a7 during the period of qualifying service 7for qualifying service that occurs after the date of implementation of this ,act71 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 educator1 for-- 7i7 each month of qualifying service2 and 7ii7 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 service2 7,b7 during the period of qualifying service1 interest shall not accrue on the qualifying educator's covered loans2 and 7,c7 during the period of qualifying service1 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 #dee7m77#a77;,a7 for purposes of the loan forgiveness program under section #dee7m71 if applicable4 7#c7 ,application ,the ,secretary shall develop and make publicly available an application for qualifying educators who wish to receive loan cancellation under this subsection4 ,the application shall-- 7,a7 be available for qualifying educators to file for loan cancellation under paragraph 7#a7 and for monthly loan cancellation under paragraph 7#b72 7,b7 include any certification requirements that the ,secretary determines are necessary to verify qualifying service2 and 7,c7 allow for the verification of the qualifying service-- 7i7 in the case of an early childhood educator or an elementary or secondary school teacher serving in a high need school1 by a school leader or the administrator of a local educational agency1 educational service agency1 ,bureau of ,indian ,education1 ,native ,hawaiian education system1 or ,state educational agency that serves the school 7or the administrator's designee72 7ii7 in the case of an early childhood educator serving in a early childhood education program1 by the director of that program 7or the director's designee72 7iii7 in the case of a school leader serving in a high need school1 by the administrator of a local educational agency1 educational service agency1 ,bureau of ,indian ,education1 ,native ,hawaiian education system1 or ,state educational agency that serves the school 7or the administrator's designee72 7iv7 in the case of a director of an early childhood education program1 a leader of the entity overseeing the early childhood education program2 and 7v7 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 7for example1 a case in which the center is not part of a larger company7 that is an early childhood education program1 by self-certification with supporting documents1 such as a business license1 a listing with a public child care resources and referral organization website1 or proof of participation in a ,federal child care or preschool subsidy program4 7#d7 ,parent plus loans 7,a7 ,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 benefits4 7,b7 ,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 section4 7#e7 ,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 #bjbf-- 7,a7 shall be eligible for loan cancellation of covered loans in accordance with subsection 7c77#a71 including any remaining covered loans2 and 7,b7 may count the service completed that qualified the qualifying educator for previous loan cancellation as qualifying service for purposes of subsection 7c77#a74 7#f7 ,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 year1 or before the end of the #e-year period described in paragraph 7#a74 7d7 ,regulations ,the ,secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section4 7e7 ,construction ,nothing in this section shall be construed to authorize any refunding of any canceled loan4 7f7 ,list 7#a7 ,in ,general ,the ,secretary shall-- 7,a7 as soon as practicable1 produce and make publicly available a list of high need schools and early childhood education programs for purposes of this section2 7,b7 annually update such list2 and 7,c7 notify ,state educational agencies1 local educational agencies1 educational services agencies1 and ,state agencies that oversee early childhood education programs of the benefits to educators employed by the entities detailed in subparagraph 7,a74 7#b7 ,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 #a of any year1 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 service4 7g7 ,additional eligibility provisions 7#a7 ,continued eligibility ,any qualifying educator who performs qualifying service in a school that-- 7,a7 is a high need school in any school year during such service2 and 7,b7 in a subsequent school year fails to meet the definition of a high need school1 may continue to serve in such school and shall be eligible for loan cancellation pursuant to subsection 7b74 7#b7 ,prevention of double benefits ,no qualifying educator may1 for the same service1 receive a benefit under both this section and-- 7,a7 section #dbh,k2 or 7,b7 subtitle ,d of title ,i of the ,national and ,community ,service ,act of #aiij 7#db ,u4,s4,c4 #abfja et seq474 7#c7 ,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 #a 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 7b74 7h7 ,definitions ,in this section3 7#a7 ,bureau of ,indian ,education funded elementary or secondary school ,the term ,bureau of ,indian ,education funded elementary or secondary school means-- 7,a7 an elementary or secondary school or dormitory operated by the ,bureau of ,indian ,education2 7,b7 an elementary or secondary school or dormitory operated pursuant to a grant under the ,tribally ,controlled ,schools ,act of #aihh 7#be ,u4,s4,c4 #beja et seq472 and 7,c7 an elementary or secondary school or dormitory operated pursuant to a contract under the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecja et seq474 7#b7 ,bureau of ,indian ,education early childhood development program ,the term ,bureau of ,indian ,education early childhood development program means-- 7,a7 a program operating under a grant authorized by section #aaci of the ,education ,amendments of #aigh 7#be ,u4,s4,c4 #bjai72 or 7,b7 an early childhood education program operated or funded by the ,bureau of ,indian ,education 7including ,family and ,child ,education programs at schools funded by the ,bureau of ,indian ,education authorized under section #aaba of the ,education ,amendments of #aigh 7#be ,u4,s4,c4 #bjja774 7#c7 ,covered loan ,the term covered loan means a loan made1 insured1 or guaranteed under this part4 7#d7 ,early childhood education program ,the term early childhood education program means-- 7,a7 a high-need early childhood education program as defined in section #bjj2 7,b7 a ,head ,start program 7including an ,early ,head ,start program7 carried out under the ,head ,start ,act 7#db ,u4,s4,c4 #ihca et seq472 7,c7 an early childhood education program1 as defined in section #ajc2 7,d7 a ,bureau of ,indian ,education early childhood development program2 7,e7 a ,native ,hawaiian education system early childhood education program2 7,f7 a ,tribal early childhood education program2 7,g7 a provider that receives funds under the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh et seq47 7including such providers that are center-based and family child care providers72 or 7,h7 a consortium of entities described in any of subparagraphs 7,a7 through 7,g74 7#e7 ,high need school ,the term high need school means-- 7,a7 a public elementary or secondary school-- 7i7 with respect to which the number of children meeting a measure of poverty under section #aaac7;a77#e7 of the ,elementary and ,secondary ,education ,act of #aife1 exceeds #cj percent of the total number of children enrolled in such school2 and 7ii7 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 #aife2 7,b7 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 #aaac7;a77#e7 of the ,elementary and ,secondary ,education ,act of #aife exceeds #cj percent of the total number of children enrolled in such school or location2 7,c7 a public elementary or secondary school identified by the ,state for comprehensive support and improvement1 targeted support and improvement1 or additional targeted support and improvement1 under section #aaaa of the ,elementary and ,secondary ,education ,act of #aife2 7,d7 a ,bureau of ,indian ,education funded elementary or secondary school2 7,e7 an elementary or secondary school operated by a ,tribal educational agency2 or 7,f7 a ,native ,hawaiian education system4 7#f7 ,indian tribe ,the term ,indian ,tribe means the recognized governing body of any ,indian or ,alaska ,native ,tribe1 band1 nation1 pueblo1 village1 community1 component band1 or component reservation1 individually identified 7including parenthetically7 in the list published most recently as of the date of enactment of this subtitle pursuant to section #ajd of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eaca74 7#g7 ,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 #fbje of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #geae7 to carry out the authorized activities under that section4 7#h7 ,qualifying educator ,subject to subsection 7i71 the term qualifying educator means-- 7,a7 an elementary or secondary school teacher who-- 7i7 has obtained full ,state or ,tribal certification and licensure requirements for such employment2 and 7ii7 has not had such certification or licensure requirements waived on an emergency1 temporary1 or provisional basis2 7,b7 an early childhood educator who provides care or instruction to children2 7,c7 a school leader of an elementary or secondary school who-- 7i7 has obtained full ,state or ,tribal certification and licensure requirements for such employment2 and 7ii7 has not had such certification or licensure requirements waived on an emergency1 temporary1 or provisional basis2 or 7,d7 an early childhood education program director 7including a family child care provider74 7#i7 ,qualifying service 7,a7 ,in ,general ,subject to subparagraph 7,b71 the term qualifying service means-- 7i7 in the case of a qualifying educator described in subparagraph 7,a7 or 7,c7 of paragraph 7#h71 employment as a full-time qualifying educator in a high need school2 and 7ii7 in the case of a qualifying educator described in subparagraph 7,b7 or 7,d7 of paragraph 7#h71 employment as a full-time qualifying educator in an early childhood education program 7including school-based programs74 7,b7 ,exception ,in the case of a qualifying educator who is unable to complete a full school or program year of service1 that year may still be counted toward the required qualifying service period under paragraphs 7#a7 and 7#b7 of subsection 7c7 if-- 7i7 the qualifying educator completed at least one-half of the school or program year2 7ii7 the employer considers the qualifying educator to have fulfilled the contract requirements for the school or program year for the purposes of salary increases1 tenure1 and retirement2 and 7iii7 the qualifying educator was unable to complete the school or program year because-- 7,i7 the qualifying educator returned to postsecondary education1 on at least a half-time basis1 in an area of study directly related to the performance of the qualifying service2 7,,ii7 the qualifying educator experienced a condition described in section #ajb of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfab72 7,,iii7 the qualifying educator was called or ordered to ,federal or ,state active duty status1 or ,active ,service as a member of a ,reserve ,component of the ,armed ,forces named in section #ajaja of title #aj1 ,united ,states ,code1 or service as a member of the ,national ,guard on full-time ,national ,guard duty1 as defined in section #aja7;d77#e7 of title #aj1 ,united ,states ,code2 or 7,,iv7 the qualifying educator resides in or is employed in a disaster area1 as declared by any ,federal1 ,state1 or local official in connection with a national emergency4 7#aj7 ,school ,leader ,the term school leader has the meaning given that term in section #haja of the ,elementary and ,secondary ,education ,act of #aife4 7#aa7 ,tribal early childhood education program ,the term ,tribal early childhood education program means any of the following programs3 7,a7 ,an ,american ,indian or ,alaska ,native ,head ,start or ,early ,head ,start program carried out under the ,head ,start ,act 7#db ,u4,s4,c4 #ihca et seq474 7,b7 ,a ,tribal child care and development program carried out under the ,child ,care and ,development ,block ,grant of #aiij 7#db ,u4,s4,c4 #iheh et seq474 7,c7 ,a program serving children from birth through age #f that-- 7i7 receives funding support from the ,native ,american language preservation and maintenance program carried out under section #hjc;,c of the ,native ,american ,programs ,act of #aigd 7#db ,u4,s4,c4 #biia;b-#c72 7ii7 is a ,tribal prekindergarten program2 7iii7 is a program authorized under section #fai or part ,c of the ,individuals with ,disabilities ,education ,act2 or 7iv7 is a center-based or group-based early childhood learning or development program that the ,secretary determines shall be included under this definition1 after receiving a request from an ,indian ,tribe4 7#ab7 ,tribal educational agency ,the term ,tribal educational agency has the meaning given the term 7without respect to capitalization7 in section #facb7;b7 of the ,elementary and ,secondary ,education ,act of #aife4 7#ac7 ,year ,the term year1 when applied to service as a qualifying educator1 means a school or program year as defined by the ,secretary or the ,secretary of ,health and ,human ,services1 as applicable4 7i7 ,special rule ,an educator that provides instruction or curricular development in an ,alaska ,native1 ,american ,indian1 or ,native ,hawaiian language or a ,native ,american language as defined in the ,native ,american ,languages ,act 7#be ,u4,s4,c4 #bijb7 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 employment4 4 7c7 ,effective date2 ,program name 7#a7 ,effective date ,the amendments made by subsections 7a7 and 7b7 shall take effect on the day that is #ahj days after the date of enactment of this ,act4 7#b7 ,program name ,the programs under section #dbh;,j and #dfj of the ,higher ,education ,act of #aife1 as amended by subsections 7a7 and 7b71 shall be known as ,educator ,loan ,forgiveness ,programs4 7d7 ,technical amendment ,section #dee7m77#d7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;e7m77#d77 is amended by striking section #dbh;,j1 #dbh,k1 #dbh,l1 or #dfj and inserting section #dbh,k or #dbh,l4 #c4 ,notice to borrowers ,not later than #ahj days after the ,secretary of ,education implements the programs under this ,act1 the ,secretary1 in coordination with the ,secretary of ,health and ,human ,services1 shall take such steps as may be necessary to inform high need schools and early childhood education programs 7as defined in section #dfj of the ,higher ,education ,act of #aife1 as amended by this ,act71 ,head ,start programs 7including ,early ,head ,start programs7 carried out under the ,head ,start ,act 7#db ,u4,s4,c4 #ihca et seq471 early childhood educators and program directors 7including family child care providers and program directors71 public school teachers1 public school leaders1 ,bureau of ,indian ,education school teachers1 ,bureau of ,indian ,education school leaders1 ,native ,hawaiian education system school teachers1 ,native ,hawaiian education system school leaders1 local educational agency leaders 7such as superintendents71 local educational agencies1 educational service agencies1 educational service agency leaders1 chief ,state school officers1 ,state educational agencies1 students attending institutions of higher education1 and other student loan borrowers1 of the amendments made by this ,act to the loan forgiveness and loan cancellation programs under sections #dbh;,j and #dfj of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgh-aj2 #ajhg;j71 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 sections1 as amended by this ,act1 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 sections1 as amended by this ,act4 #d4 ,waiver of negotiated rulemaking ,in carrying out this ,act and any amendments made by this ,act1 or any regulations promulgated under this ,act or under such amendments1 the ,secretary of ,education may waive the application of negotiated rulemaking under section #dib of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajih;a74