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[1] See References in Text note below.
§ 1078–10. Loan forgiveness for teachers
(a)
Statement of purpose
It is the purpose of this section to encourage individuals to enter and continue in the teaching profession.
(b)
Program authorized
The Secretary shall carry out a program, through the holder of the loan, of assuming the obligation to repay a qualified loan amount for a loan made under section
1078 or
1078–8 of this title, in accordance with subsection (c) of this section, for any new borrower on or after October 1, 1998, who—
(c)
Qualified loans amount
(1)
In general
The Secretary shall repay not more than $5,000 in the aggregate of the loan obligation on a loan made under section
1078 or
1078–8 of this title that is outstanding after the completion of the fifth complete school year of teaching described in subsection (b)(1) of this section. No borrower may receive a reduction of loan obligations under both this section and section
1087j of this title.
(2)
Treatment of consolidation loans
A loan amount for a loan made under section
1078–3 of this title may be a qualified loan amount for the purposes of this subsection only to the extent that such loan amount was used to repay a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan made under section
1078 or
1078–8 of this title for a borrower who meets the requirements of subsection (b) of this section, as determined in accordance with regulations prescribed by the Secretary.
(3)
Additional amounts for teachers in mathematics, science, or special education
Notwithstanding the amount specified in paragraph (1), the aggregate amount that the Secretary shall repay under this section shall be not more than $17,500 in the case of—
(B)
an elementary school or secondary school teacher—
(ii)
whose qualifying employment for purposes of such subsection is as a special education teacher whose primary responsibility is to provide special education to children with disabilities (as those terms are defined in section
1401 of this title); and
(iii)
who, as certified by the chief administrative officer of the public or non-profit private elementary school or secondary school in which the borrower is employed, is teaching children with disabilities that correspond with the borrower’s special education training and has demonstrated knowledge and teaching skills in the content areas of the elementary school or secondary school curriculum that the borrower is teaching.
(d)
Regulations
The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section.
(e)
Construction
Nothing in this section shall be construed to authorize any refunding of any repayment of a loan.
(f)
List
If the list of schools in which a teacher may perform service pursuant to subsection (b) of this section is not available before May 1 of any year, the Secretary may use the list for the year preceding the year for which the determination is made to make such service determination.
(g)
Additional eligibility provisions
(1)
Continued eligibility
Any teacher who performs service in a school that—
(A)
meets the requirements of subsection (b)(1)(A) of this section in any year during such service; and
may continue to teach in such school and shall be eligible for loan forgiveness pursuant to subsection (b) of this section.
(h)
“Year” defined
For purposes of this section, the term “year”, where applied to service as a teacher, means an academic year as defined by the Secretary.
[1] See References in Text note below.
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