H.R. 8896

[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).
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