§ 1087ee. Cancellation of loans for certain public service

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(a)Cancellation of percentage of debt based on years of qualifying service

(1)The percent specified in paragraph

(3)of this subsection of the total amount of any loan made after June 30, 1972, from a student loan fund assisted under this part shall be canceled for each complete year of service after such date by the borrower under circumstances described in paragraph (2).

(2)Loans shall be canceled under paragraph

(1)for service—

(A)as a full-time teacher for service in an academic year (including such a teacher employed by an educational service agency)—

(i)in a public or other nonprofit private elementary school or secondary school, which, for the purpose of this paragraph and for that year—

(I)has been determined by the Secretary (pursuant to regulations of the Secretary and after consultation with the State educational agency of the State in which the school is located) to be a school 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 [20 U.S.C. 6313(a)(5)], exceeds 30 percent of the total number of children enrolled in such school; and

(II)is in the school district of a local educational agency which is eligible in such year for assistance pursuant to part A of title I of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6311 et seq.]; or

(ii)in one or more public, or nonprofit private, elementary schools or secondary schools or locations operated by an educational service agency that have been determined by the Secretary (pursuant to regulations of the Secretary and after consultation with the State educational agency of the State in which the educational service agency operates) to be a school or location at which the number of children taught who meet a measure of poverty under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6313(a)(5)], exceeds 30 percent of the total number of children taught at such school or location;

(B)as a full-time staff member in a preschool program carried on under the Head Start Act [42 U.S.C. 9831 et seq.], or in a prekindergarten or child care program that is licensed or regulated by the State, that is operated for a period which is comparable to a full school year in the locality if the salary of such staff member is not more than the salary of a comparable employee of the local educational agency;

(C)as a full-time special education teacher, including teachers of infants, toddlers, children, or youth with disabilities in a public or other nonprofit elementary or secondary school system, including a system administered by an educational service agency, or as a full-time qualified professional provider of early intervention services in a public or other nonprofit program under public supervision by the lead agency as authorized in section 1435(a)(10) of this title;

(D)as a member of the Armed Forces of the United States, for service that qualifies for special pay under section 310, or paragraph

(1)or

(3)of section 351(a), of title 37 as an area of hostilities;

(E)as a volunteer under the Peace Corps Act [22 U.S.C. 2501 et seq.] or a volunteer under the Domestic Volunteer Service Act of 1973 [42 U.S.C. 4950 et seq.];

(F)as a full-time law enforcement officer or corrections officer for service to local, State, or Federal law enforcement or corrections agencies, or as a full-time attorney employed in a defender organization established in accordance with section 3006A(g)(2) of title 18;

(G)as a full-time teacher of mathematics, science, foreign languages, bilingual education, or any other field of expertise where the State educational agency determines there is a shortage of qualified teachers;

(H)as a full-time nurse or medical technician providing health care services;

(I)as a full-time employee of a public or private nonprofit child or family service agency who is providing, or supervising the provision of, services to high-risk children who are from low-income communities and the families of such children;

(J)as a full-time fire fighter for service to a local, State, or Federal fire department or fire district;

(K)as a full-time faculty member at a Tribal College or University, as that term is defined in section 1059c of this title;

(L)as a librarian, if the librarian has a master’s degree in library science and is employed in—

(i)an elementary school or secondary school that is eligible for assistance under part A of title I of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6311 et seq.]; or

(ii)a public library that serves a geographic area that contains one or more schools eligible for assistance under part A of title I of the Elementary and Secondary Education Act of 1965; or

(M)as a full-time speech language pathologist, if the pathologist has a masters degree and is working exclusively with schools that are eligible for assistance under title I of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.].

For the purpose of this paragraph, the term “children with disabilities” has the meaning set forth in section 1401 of this title.

(A)The percent of a loan which shall be canceled under paragraph

(1)of this subsection is—

(i)in the case of service described in subparagraph (A), (C), (D), (F), (G), (H), (I), (J), (K), (L), or

(M)of paragraph (2), at the rate of 15 percent for the first or second year of such service, 20 percent for the third or fourth year of such service, and 30 percent for the fifth year of such service;

(ii)in the case of service described in subparagraph

(B)of paragraph (2), at the rate of 15 percent for each year of such service; or

(iii)in the case of service described in subparagraph

(E)of paragraph

(2)at the rate of 15 percent for the first or second year of such service and 20 percent for the third or fourth year of such service.

(B)If a portion of a loan is canceled under this subsection for any year, the entire amount of interest on such loan which accrues for such year shall be canceled.

(C)Nothing in this subsection shall be construed to authorize refunding of any repayment of a loan.

(4)For the purpose of this subsection, the term “year” where applied to service as a teacher means academic year as defined by the Secretary.

(5)The amount of a loan, and interest on a loan, which is canceled under this section shall not be considered income for purposes of title 26.

(6)No borrower may, for the same volunteer service, receive a benefit under both this section and subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.).

(7)An individual with an outstanding loan obligation under this part who performs service of any type that is described in paragraph

(2)as in effect on October 7, 1998, shall be eligible for cancellation under this section for such service notwithstanding any contrary provision of the promissory note under which the loan or loans were made, and notwithstanding any amendment (or effective date provision relating to any amendment) to this section made prior to the date of such service.

(b)Reimbursement for cancellation The Secretary shall pay to each institution for each fiscal year an amount equal to the aggregate of the amounts of loans from its student loan fund which are canceled pursuant to this section for such year, minus an amount equal to the aggregate of the amounts of any such loans so canceled which were made from Federal capital contributions to its student loan fund provided by the Secretary under section 1087hh of this title. None of the funds appropriated pursuant to section 1087aa(b) 1 of this title shall be available for payments pursuant to this subsection. To the extent feasible, the Secretary shall pay the amounts for which any institution qualifies under this subsection not later than 3 months after the institution files an institutional application for campus-based funds.

(c)Special rules

(1)List If the list of schools in which a teacher may perform service pursuant to subsection (a)(2)(A) 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.

(2)Continuing eligibility Any teacher who performs service in a school which—

(A)meets the requirements of subsection (a)(2)(A) in any year; 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 (a)(1) such 2 subsequent years.

(Pub. L. 89–329, title IV, § 465, as added Pub. L. 99–498, title IV, § 405(a), Oct. 17, 1986, 100 Stat. 1451; amended Pub. L. 100–50, § 13(j), June 3, 1987, 101 Stat. 349; Pub. L. 100–369, § 7(c), July 18, 1988, 102 Stat. 837; Pub. L. 101–476, title IX, § 901(e), Oct. 30, 1990, 104 Stat. 1151; Pub. L. 101–647, title XXI, § 2101(a), (b), Nov. 29, 1990, 104 Stat. 4856; Pub. L. 102–119, § 26(h), Oct. 7, 1991, 105 Stat. 607; Pub. L. 102–325, title IV, § 465(a)–(c), July 23, 1992, 106 Stat. 582, 583;

Pub. L. 103–82, title I, § 102(c)(3), Sept. 21, 1993, 107 Stat. 824; Pub. L. 103–208, § 2(f)(12)–(14), (k)(7), Dec. 20, 1993, 107 Stat. 2471, 2486; Pub. L. 103–382, title III, § 391(e)(3), Oct. 20, 1994, 108 Stat. 4022; Pub. L. 105–244, title IV, § 465, Oct. 7, 1998, 112 Stat. 1728; Pub. L. 108–446, title III, § 305(c)(1), Dec. 3, 2004, 118 Stat. 2805; Pub. L. 110–315, title IV, § 465, Aug. 14, 2008, 122 Stat. 3267; Pub. L. 111–39, title IV, § 405(5), July 1, 2009, 123 Stat. 1947;

Pub. L. 114–328, div. A, title VI, § 618(e), Dec. 23, 2016, 130 Stat. 2160.)

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