20 USC 1078-11 - Loan forgiveness for service in areas of national need

U.S Code last checked for updates: Nov 26, 2024

§ 1078–11.

Loan forgiveness for service in areas of national need

(a)

Program authorized

(1)

Loan forgiveness authorized

The Secretary shall forgive, in accordance with this section, the qualified loan amount described in subsection (c) of the student loan obligation of a borrower who—

(A)

is employed full-time in an area of national need, as described in subsection (b); and

(B)

is not in default on a loan for which the borrower seeks forgiveness.

(2)

Method of loan forgiveness

To provide loan forgiveness under paragraph (1), the Secretary is authorized to carry out a program—

(A)

through the holder of the loan, to assume the obligation to repay a qualified loan amount for a loan made, insured, or guaranteed under this part (other than an excepted PLUS loan or an excepted consolidation loan (as such terms are defined in section 1098e(a) of this title)); and

(B)

to cancel a qualified loan amount for a loan made under part D of this subchapter (other than an excepted PLUS loan or an excepted consolidation loan).

(3)

Regulations

(b)

Areas of national need

For purposes of this section, an individual is employed in an area of national need if the individual meets the requirements of one of the following:

(1)

Early childhood educators

(2)

Nurses

The individual is employed full-time—

(A)

as a nurse in a clinical setting; or

(B)

as a member of the nursing faculty at an accredited school of nursing (as those terms are defined in section 296 of title 42).

(3)

Foreign language specialists

The individual—

(A)

has obtained a baccalaureate or advanced degree in a critical foreign language; and

(B)

is employed full-time—

(i)

in an elementary school or secondary school as a teacher of a critical foreign language;

(ii)

in an agency of the United States Government in a position that regularly requires the use of such critical foreign language; or

(iii)

in an institution of higher education as a faculty member or instructor teaching a critical foreign language.

(4)

Librarians

(A)

a public library that serves a geographic area within which the public schools have a combined average of 30 percent or more of the schools’ total student enrollments composed of children meeting a measure of poverty under section 6313(a)(5) of this title; or

(B)

a school that qualifies under section 1087ee(a)(2)(A) of this title for loan cancellation for Perkins loan recipients who teach in such a school.

(5)

Highly qualified teachers serving students who are limited English proficient, low-income communities, and underrepresented populations

The individual—

(A)

is highly qualified, as such term is defined in section 9101 1

 See References in Text note below.

of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 7801]; and

(B)

is employed full-time—

(i)

as a teacher educating students who are limited English proficient;

(ii)

as a teacher in a school that qualifies under section 1087ee(a)(2)(A) of this title for loan cancellation for Perkins loan recipients who teach in such a school;

(iii)

as a teacher and is an individual from an underrepresented population in the teaching profession, as determined by the Secretary; or

(iv)

as a teacher in an educational service agency, as such term is defined in section 7801 of this title.

(6)

Child welfare workers

The individual—

(A)

has obtained a degree in social work or a related field with a focus on serving children and families; and

(B)

is employed full-time in public or private child welfare services.

(7)

Speech-language pathologists and audiologists

The individual—

(A)

is employed full-time as a speech-language pathologist or audiologist in an eligible preschool program or a school that qualifies under section 1087ee(a)(2)(A) of this title for loan cancellation for Perkins loan recipients who teach in such a school; and

(B)

has, at a minimum, a graduate degree in speech-language pathology, audiology, or communication sciences and disorders.

(8)

School counselors

The individual—

(A)

is employed full-time as a school counselor who has documented competence in counseling children and adolescents in a school setting and who—

(i)

is licensed by the State or certified by an independent professional regulatory authority;

(ii)

in the absence of such State licensure or certification, possesses national certification in school counseling or a specialty of counseling granted by an independent professional organization; or

(iii)

holds a minimum of a master’s degree in school counseling from a program accredited by the Council for Accreditation of Counseling and Related Educational Programs or the equivalent; and

(B)

is so employed in a school that qualifies under section 1087ee(a)(2)(A) of this title for loan cancellation for Perkins loan recipients who teach in such a school.

(9)

Public sector employees

The individual is employed full-time in—

(A)

public safety (including as a first responder, firefighter, police officer, or other law enforcement or public safety officer);

(B)

emergency management (including as an emergency medical technician);

(C)

public health (including full-time professionals engaged in health care practitioner occupations and health care support occupations, as such terms are defined by the Bureau of Labor Statistics); or

(D)

public interest legal services (including prosecution, public defense, or legal advocacy in low-income communities at a nonprofit organization).

(10)

Nutrition professionals

The individual—

(A)

is a licensed, certified, or registered dietician who has completed a degree in a relevant field; and

(B)

is employed full-time as a dietician with an agency of the special supplemental nutrition program for women, infants, and children under section 1786 of title 42.

(11)

Medical specialists

The individual—

(A)

has received a degree from a medical school at an institution of higher education; and

(B)

has been accepted to, or currently participates in, a full-time graduate medical education training program or fellowship (or both) to provide health care services (as recognized by the Accreditation Council for Graduate Medical Education) that—

(i)

requires more than five years of total graduate medical training; and

(ii)

has fewer United States medical school graduate applicants than the total number of positions available in such program or fellowship.

(12)

Mental health professionals

The individual—

(A)

has not less than a master’s degree in social work, psychology, or psychiatry; and

(B)

is employed full-time providing mental health services to children, adolescents, or veterans.

(13)

Dentists

The individual—

(A)

(i)

has received a degree from an accredited dental school (as accredited by the Commission on Dental Accreditation);

(ii)

has completed residency training in pediatric dentistry, general dentistry, or dental public health; and

(iii)

is employed full-time as a dentist; or

(B)

is employed full-time as a member of the faculty at a program or school accredited by the Commission on Dental Accreditation.

(14)

STEM employees

(15)

Physical therapists

The individual—

(A)

is a physical therapist; and

(B)

is employed full-time providing physical therapy services to children, adolescents, or veterans.

(16)

Superintendents, principals, and other administrators

(17)

Occupational therapists

(18)

Allied health professionals

The individual is employed full-time as an allied health professional—

(A)

in a Federal, State, local, or tribal public health agency; or

(B)

in a setting where patients might require health care services, including acute care facilities, ambulatory care facilities, personal residences and other settings located in health professional shortage areas, medically underserved areas, or medically underserved populations, as recognized by the Secretary of Health and Human Services.

(c)

Qualified loan amount

(1)

In general

(2)

Maximum amount

(d)

Priority

(e)

Rule of construction

(f)

Ineligibility for double benefits

(g)

Definitions

In this section:

(1)

Allied health professional

The term “allied health professional” means an allied health professional as defined in section 295p(5) of title 42 who—

(A)

has graduated and received an allied health professions degree or certificate from an institution of higher education; and

(B)

is employed with a Federal, State, local or tribal public health agency, or in a setting where patients might require health care services, including acute care facilities, ambulatory care facilities, personal residences and other settings located in health professional shortage areas, medically underserved areas, or medically underserved populations, as recognized by the Secretary of Health and Human Services.

(2)

Audiologist

The term “audiologist” means an individual who—

(A)

has received, at a minimum, a graduate degree in audiology from an institution of higher education accredited by an agency or association recognized by the Secretary pursuant to section 1099b(a) of this title; and

(B)

(i)

provides audiology services under subsection (ll)(2) of section 1395x of title 42; or

(ii)

meets or exceeds the qualifications for a qualified audiologist under subsection (ll)(4) of such section.

(3)

Early childhood educator

The term “early childhood educator” means an individual who—

(A)

works directly with children in an eligible preschool program or eligible early childhood education program in a low-income community;

(B)

is involved directly in the care, development, and education of infants, toddlers, or young children age five and under; and

(C)

has completed a baccalaureate or advanced degree in early childhood development or early childhood education, or in a field related to early childhood education.

(4)

Eligible preschool program

The term “eligible preschool program” means a program that—

(A)

provides for the care, development, and education of infants, toddlers, or young children age five and under;

(B)

meets any applicable State or local government licensing, certification, approval, and registration requirements, and

(C)

is operated by—

(i)

a public or private school that is supported, sponsored, supervised, or administered by a local educational agency;

(ii)

a Head Start agency serving as a grantee designated under the Head Start Act (42 U.S.C. 9831 et seq.);

(iii)

a nonprofit or community based organization; or

(iv)

a child care program, including a home.

(5)

Eligible early childhood education program

The term “eligible early childhood education program” means—

(A)

a family child care program, center-based child care program, State prekindergarten program, school program, or other out-of-home early childhood development care program, that—

(i)

is licensed or regulated by the State; and

(ii)

serves two or more unrelated children who are not old enough to attend kindergarten;

(B)

a Head Start Program carried out under the Head Start Act (42 U.S.C. 9831 et seq.); or

(C)

an Early Head Start Program carried out under section 645A of the Head Start Act (42 U.S.C. 9840a).

(6)

Low-income community

The term “low-income community” means a school attendance area (as defined in section 6313(a)(2)(A) of this title)—

(A)

in which 70 percent of households earn less than 85 percent of the State median household income; or

(B)

that includes a school that qualifies under section 1087ee(a)(2)(A) of this title for loan cancellation for Perkins loan recipients who teach in such a school.

(7)

Nurse

The term “nurse” means a nurse who meets all of the following:

(A)

The nurse graduated from—

(i)

an accredited school of nursing (as those terms are defined in section 296 of title 42);

(ii)

a nursing center; or

(iii)

an academic health center that provides nurse training.

(B)

The nurse holds a valid and unrestricted license to practice nursing in the State in which the nurse practices in a clinical setting.

(C)

The nurse holds one or more of the following:

(i)

A graduate degree in nursing, or an equivalent degree.

(ii)

A nursing degree from a collegiate school of nursing (as defined in section 296 of title 42).

(iii)

A nursing degree from an associate degree school of nursing (as defined in such section).

(iv)

A nursing degree from a diploma school of nursing (as defined in such section).

(8)

Occupational therapist

The term “occupational therapist” means an individual who—

(A)

has received, at a minimum, a baccalaureate degree in occupational therapy from an institution of higher education accredited by an agency or association recognized by the Secretary pursuant to section 1099b(a) of this title; and

(B)

(i)

provides occupational therapy services under section 1395x(g) of title 42; or

(ii)

meets or exceeds the qualifications for a qualified occupational therapist, as determined by State law.

(9)

Physical therapist

The term “physical therapist” means an individual who—

(A)

has received, at a minimum, a graduate degree in physical therapy from an institution of higher education accredited by an agency or association recognized by the Secretary pursuant to section 1099b(a) of this title; and

(B)

(i)

provides physical therapy services under section 1395x(p) of title 42; or

(ii)

meets or exceeds the qualifications for a qualified physical therapist, as determined by State law.

(10)

Speech-language pathologist

The term “speech-language pathologist” means a speech-language pathologist who—

(A)

has received, at a minimum, a graduate degree in speech-language pathology or communication sciences and disorders from an institution of higher education accredited by an agency or association recognized by the Secretary pursuant to section 1099b(a) of this title; and

(B)

provides speech-language pathology services under section 1395x(ll)(1) of title 42, or meets or exceeds the qualifications for a qualified speech-language pathologist under subsection (ll)(4) of such section.

(h)

Authorization of appropriations

(Pub. L. 89–329, title IV, § 428K, as added Pub. L. 105–244, title IV, § 425, Oct. 7, 1998, 112 Stat. 1699; amended Pub. L. 110–315, title IV, § 430, Aug. 14, 2008, 122 Stat. 3236; Pub. L. 111–39, title IV, § 402(f)(7), July 1, 2009, 123 Stat. 1944; Pub. L. 111–148, title V, § 5205(b), Mar. 23, 2010, 124 Stat. 611; Pub. L. 114–95, title IX, § 9215(oo)(8), Dec. 10, 2015, 129 Stat. 2180.)

cite as: 20 USC 1078-11