Teacher Loan Forgiveness Forbearance Request

OMB No. 1845-0059

Form Approved

Exp. Date xx/xx/xxxx

60-DAY DRAFT 01-04-2011

TLFF

TEACHER LOAN FORGIVENESS FORBEARANCE REQUEST William D. Ford Federal Direct Loan Program/Federal Family Education Loan Program You may qualify for loan forgiveness only if you had no outstanding balance on a William D. Ford Federal Direct Loan (Direct Loan) Program loan or a Federal Family Education Loan (FFEL) Program loan on October 1, 1998, or had no outstanding balance on a Direct Loan or FFEL program loan on the date you obtained a loan after October 1, 1998. WARNING: Any person who knowingly makes a false statement or misrepresentation on this form or on any accompanying documents is subject to penalties that may include fines, imprisonment or both, under the U.S. Criminal Code and 20 U.S.C. 1097.

SECTION 1: BORROWER IDENTIFICATION

Please enter or correct the following information.

SSN

-

-

Name

Address

City, State, Zip Code

Telephone - Home

( )

Telephone - Other

( )

E-mail (optional)

SECTION 2: LOAN FORGIVENESS FORBEARANCE REQUEST, UNDERSTANDINGS, AND CERTIFICATION

Before completing this section, carefully read the entire form, including the general information and instructions, terms and conditions, definitions, and eligibility requirements in Sections 3 through 7. I request forbearance of payments on my eligible FFEL and/or Direct Loan program loan(s) while I am performing qualifying teaching service as a full-time teacher in an elementary or secondary school or educational service agency. (Note: School librarians, guidance counselors, and other administrative staff are not considered teachers for the purposes of this loan forgiveness program.) During the period that qualifies me for this forbearance, I am teaching at an eligible (check one) elementary school secondary school educational service agency and I am (check one): 1. A full-time highly qualified special education teacher for elementary school children with disabilities. The children’s disabilities corresponded to my special education training, and I demonstrated knowledge and teaching skills in the content areas of the elementary or secondary school curriculum (loan forgiveness of up to $17,500). 2. A full-time highly qualified special education teacher for secondary school children with disabilities. The children’s disabilities corresponded to my special education training, and I demonstrated knowledge and teaching skills in the content areas of the elementary or secondary school curriculum (loan forgiveness of up to $17,500). 3. A full-time highly qualified mathematics teacher for secondary school students (loan forgiveness of up to $17,500). 4. A full-time highly qualified science teacher for secondary school students (loan forgiveness of up to $17,500). 5. A full-time secondary education teacher in a subject area relevant to my academic major, or (ii) a full-time highly qualified secondary education teacher (loan forgiveness of up to $5,000). 6. A full-time elementary education teacher and I demonstrated knowledge and teaching skills in reading, writing, mathematics, and other areas of the elementary school curriculum, or (ii) a full-time highly qualified elementary education teacher (loan forgiveness of up to $5,000). The current academic year of teaching service for which I am requesting forbearance begins/began on _____________________ (mm-dd-yyyy) and ends on _____________________ (mm-dd-yyyy). I expect to complete my fifth year of qualifying teaching service on __________________ (mm-dd-yyyy). I am/will be performing my qualifying teaching service at the following location:

Check here if this is a school operated by the Bureau of Indian Education (BIE) or operated on an Indian reservation by an Indian tribal group under contract with the BIE.

Name of School or Educational Service Agency (not school district)

( )

School Address (Street, City, State, Zip Code)

County

Telephone

I understand that: (1) This forbearance is granted in twelve-month increments and if I choose to extend it, I must reapply each year during the five consecutive years of required employment; (2) Any unpaid interest that accrues during the forbearance period may be capitalized, as permitted by law; (3) I qualify for this forbearance only if my loan holder determines that the expected forgiveness amount for which I am performing qualifying service (i.e., up to $5,000 or up to $17,500, as applicable) will satisfy the anticipated outstanding balance of my eligible loan(s) at the end of my fifth year of qualifying service; and (4) If I am past due on payments not covered by this forbearance, my loan holder may grant me a separate forbearance to resolve the delinquency on these payments at the time my request is processed. I certify that: (1) The information I provided in this section is true and correct; (2) Upon termination of the forbearance I agree to repay the loan(s) according to the terms of my promissory note(s) and repayment schedule(s); (3) I will notify my loan holder immediately if my teaching service at an eligible school or educational service agency ends or I otherwise become ineligible for the Teacher Loan Forgiveness Program; and (4) I meet the eligibility requirements and have read and understand the terms and conditions, definitions, and eligibility criteria for the Teacher Loan Forgiveness Program in Sections 4, 5, 6, and 7.

Borrower’s Signature

Today’s Date (mm-dd-yyyy)

SECTION 3: GENERAL INFORMATION AND INSTRUCTIONS FOR FORBEARANCE REQUEST

The Teacher Loan Forgiveness Program is intended to encourage individuals to enter and continue in the teaching profession. Under this program, individuals who teach full time for five consecutive, complete academic years in certain elementary and secondary schools or educational service agencies that serve low-income families and meet other qualifications may be eligible for forgiveness of up to a combined total of $17,500 in principal and interest on their Direct Loan and/or FFEL program loans. For complete terms and conditions and eligibility requirements, see Sections 4 through 7. Your loan holder will not return any payments you make during the period in which you meet the qualifications for this loan forgiveness. This forbearance is intended to assist borrowers who are expected to qualify for forgiveness of their total loan amounts, by allowing them to not make payments during this period.

Type or print using dark ink. Provide all requested information. Show dates as mm-dd-yyyy (for example, show “January 31, 2011” as “01-31-2011”).

If you do not qualify for this forbearance this year, you may contact your loan holder(s) for other forbearance options or reapply for this forbearance in a year when you are completing five consecutive, complete years of teaching service.

Return the completed form to the address shown in Section 8. If you are applying for forbearance of loans that are held by different loan holders, you must submit a separate Teacher Loan Forgiveness Forbearance Request to each loan holder.

SECTION 4: LOAN FORGIVENESS TERMS AND CONDITIONS

• If you are determined to be eligible for loan forgiveness under this program, your loan holder will not refund any payments that you made or that were made on your behalf before the determination of eligibility.

• You are not eligible to receive forgiveness for more than a combined total of $17,500 of principal and interest of your Direct Loan and/or FFEL program loan(s). You are responsible for repaying any loan balance that remains after the forgiveness has been granted.

• Unless you instruct your loan holder otherwise, the forgiveness amount will be applied to your loans in the following order: (1) Direct Unsubsidized Loan(s) or unsubsidized Federal Stafford Loan(s), (2) Direct Subsidized Loan(s) or subsidized Federal Stafford Loan(s), and (3) Direct Unsubsidized Consolidation Loan, Direct Subsidized Consolidation Loan, or Federal Consolidation Loan, .

• If you receive loan forgiveness based on any false, fictitious, or fraudulent statements that you make on this form or on any accompanying documents, you may be subject to civil and criminal penalties under applicable federal law.

SECTION 5: DEFINITIONS

• An academic year is:

  • One complete school year at the same school or educational service agency, or

  • Two complete and consecutive half years at different schools or educational service agencies, or

  • Two complete and consecutive half years from different school years at either the same school or educational service agency or different schools or educational service agencies.

Half years exclude summer sessions. Two half years generally fall within a 12-month period. For schools or educational service agencies that have a year-round program of instruction, a minimum of nine months is considered an academic year.

• Capitalization is the addition of unpaid interest to the principal balance of a loan. This will increase the principal and total cost of the loan.

• The chief administrative officer is the official who has access to employment records that establish your eligibility for loan forgiveness in accordance with the requirements explained on this form, and who is authorized to verify your qualifying employment at a school or educational service agency. Depending on your employer, the chief administrative officer may be a principal, assistant principal, superintendent, or other school or educational service agency official.

• A child with a disability is a child who needs special education and related services because the child has mental retardation, a hearing impairment (including deafness), a speech or language impairment, a visual impairment (including blindness), a serious emotional disturbance, an orthopedic impairment, autism, a traumatic brain injury, another health impairment, or a specific learning disability. For a child age 3 through 9, the term a child with a disability may, at the discretion of the state and the local educational agency, include a child who needs special education and related services because the child is experiencing developmental delays, as defined by the state and as measured by appropriate diagnostic instruments and procedures, in one or more of the following areas: physical development, cognitive development, communication development, social or emotional development, or adaptive development.

• An educational service agency is a regional public multiservice agency (not a private organization) authorized by state statute to develop, manage, and provide services or programs to local educational agencies (such as public school districts), as defined in section 9101 of the Elementary and Secondary Education Act of 1965, as amended.

• An elementary school is a public or nonprofit private school that provides elementary education as determined by state law or, if the school is not in a state, by the U.S. Department of Education.

• A forbearance is a temporary cessation of payments, an extension of time for making payments, or temporary acceptance of smaller payments than previously scheduled. You are responsible for any interest that accrues on a loan during forbearance. If you do not pay the interest that accrues on the loan, the interest may be capitalized.

• Full time means the standard used by a state in defining full-time employment as a teacher. If you teach in more than one school or educational service agency, full time is based on the combination of all of your qualifying employment.

• The holder of a Direct Loan Program loan is the U.S. Department of Education. The holder of a FFEL Program loan may be a lender, guaranty agency, or the U.S. Department of Education.

• Loans that are eligible for forgiveness are Federal Direct Stafford/Ford Loans (Direct Subsidized Loans), Federal Direct Unsubsidized Stafford/Ford Loans (Direct Unsubsidized Loans), Federal Stafford Loans (subsidized and unsubsidized), and any portion of a Federal Direct Consolidation Loan or Federal Consolidation Loan that paid off an eligible Direct Subsidized Loan, Direct Unsubsidized Loan, or Federal Stafford Loan.

• A secondary school is a public or nonprofit private school that provides secondary education as determined by state law or, if the school is not in a state, by the U.S. Department of Education.

• Special education means specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability, including instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and instruction in physical education. Physical education means the development of physical and motor fitness, fundamental motor skills and patterns, and skills in aquatics, dance, and individual and group games and sports (including intramural and lifetime sports), and includes special physical education, adapted physical education, movement education, and motor development.

• A teacher is a person who provides direct classroom teaching or classroom-type teaching in a non-classroom setting, including special education teachers. School librarians, guidance counselors, and other administrative staff are not considered teachers for the purposes of this loan forgiveness program.

SECTION 6: DEFINITION OF HIGHLY QUALIFIED

Public school teachers (including teachers at educational service agencies) and private school teachers may meet different criteria in order to be considered “highly qualified” for the purposes of the Teacher Loan Forgiveness Program, as explained below.

Public School Teachers

To be a highly qualified teacher, a teacher of public elementary or secondary school students must:

• Have obtained full state certification as a teacher (including certification obtained through alternative routes to certification) or passed the state teacher licensing examination, and hold a license to teach in that state, except that when used with respect to teaching in a public charter school, the term “highly qualified teacher” means that the teacher meets the requirements set forth in the state’s public charter school law; and

• Not have had certification or licensure requirements waived on an emergency, temporary, or provisional basis.

In addition:

A teacher of elementary school students who is new to the profession also is considered highly qualified if the teacher:

• Holds at least a bachelor’s degree; and

• Has demonstrated, by passing a rigorous state test, subject knowledge and teaching skills in reading, writing, mathematics, and other areas of the basic elementary school curriculum (which may consist of passing a state-required certification or licensing test or tests in reading, writing, mathematics, and other areas of the basic elementary school curriculum).

A teacher of middle or secondary school students who is new to the profession also is considered highly qualified if the teacher:

• Holds at least a bachelor’s degree; and

• Has demonstrated a high level of competency in each of the academic subjects in which the teacher teaches by:

  • Passing a rigorous state academic subject test in each of the academic subjects in which the teacher teaches (which may consist of a passing level of performance on a state-required certification or licensing test or tests in each of the academic subjects in which the teacher teaches); or

  • Successful completion, in each of the academic subjects in which the teacher teaches, of an academic major, a graduate degree, coursework equivalent to an undergraduate academic major, or advanced certification or credentialing.

A teacher of elementary, middle, or secondary school students who is not new to the profession also is considered highly qualified if the teacher holds at least a bachelor’s degree and:

• Meets the applicable standards of a teacher of elementary, middle, or secondary school students who is new to the profession; or

• Demonstrates competence in all the academic subjects in which the teacher teaches based on a high objective, uniform state standard of evaluation that:

  • Is set by the state for both grade appropriate academic subject matter knowledge and teaching skills;

  • Is aligned with challenging state academic content and student academic achievement standards and developed in consultation with core content specialists, teachers, principals, and school administrators;

  • Provides objective, coherent information about the teacher’s attainment of core content knowledge in the academic subjects in which a teacher teaches;

  • Is applied uniformly to all teachers in the same academic subject and the same grade level throughout the state;

  • Takes into consideration, but is not based primarily on, the time the teacher has been teaching in the academic subject;

  • Is made available to the public upon request; and

  • May involve multiple, objective measures of teacher competency.

Private School Teachers

To be a highly qualified teacher, a teacher in a private, non-profit elementary or secondary school who is not a highly qualified teacher as defined above must:

• Be permitted to and satisfy rigorous subject knowledge and skills tests by taking competency tests in applicable grade levels and subject areas. The competency tests must be recognized by five or more states for the purposes of fulfilling the highly qualified teacher requirements under section 9101 of the Elementary and Secondary Education Act of 1965; and

• Achieve a score on each test that equals or exceeds the average passing score for those five states.

SECTION 7: LOAN FORGIVENESS ELIGIBILITY REQUIREMENTS

• To qualify for loan forgiveness under this program, you must not have had an outstanding balance on a Direct Loan or FFEL program loan as of October 1, 1998, or on the date that you obtained a Direct Loan or FFEL program loan after October 1, 1998. This means that if you had an outstanding balance on one or more Direct Loan or FFEL program loans as of October 1, 1998, you may qualify for loan forgiveness if you later paid all of those loans in full so that you had no outstanding balance on any Direct Loan or FFEL program loan at the time you obtained a new Direct Loan or FFEL program loan after October 1, 1998.

• If you are in default on a Direct Loan and/or FFEL program loan(s), you are not eligible for forgiveness of that loan(s) unless you have made satisfactory repayment arrangements with the holder of the defaulted loan(s).

• The loan(s) for which you are seeking forgiveness was made prior to the end of your five academic years of qualifying teaching service.

• You have not received benefits through the AmeriCorps Program under Subtitle D of Title I of the National and Community Service Act of 1990 or loan forgiveness under the Direct Loan Public Service Loan Forgiveness Program for the same teaching service for which you are seeking forgiveness on your Direct Loan and/or FFEL program loan(s).

• You must have been employed as a full-time teacher for five consecutive, complete academic years at an elementary or secondary school or educational service agency that:

  • Is in a school district that qualifies for funds under Title I of the Elementary and Secondary Education Act of 1965, as amended;

  • Has been selected by the U.S. Department of Education based on a determination that more than 30 percent of the school’s or educational service agency’s total enrollment is made up of children who qualify for services provided under Title I; and

  • Is listed in the Annual Directory of Designated Low-Income Schools for Teacher Cancellation Benefits (See website address at http://studentaid.ed.gov/PORTALSWebApp/students/english/cancelstaff.jsp). If this directory is not available before May 1 of any year, the previous year’s directory may be used.

If your school or educational service agency meets the above requirements for at least one year of your teaching service, but does not meet these requirements during subsequent years, your subsequent years of teaching at the school or educational service agency may be counted toward the required five consecutive, complete academic years of teaching.

Note: All elementary and secondary schools operated by the Bureau of Indian Education (BIE) or operated on Indian reservations by Indian tribal groups under contract with the BIE qualify as schools serving low-income students. These schools are qualifying schools for purposes of this loan forgiveness program.

• You may qualify for forgiveness based on qualifying teaching service for five consecutive, complete academic years at any combination of eligible elementary schools, secondary schools, or educational service agencies. However:

  • Teaching at an eligible elementary or secondary school may be counted toward the required five consecutive, complete academic years only if at least one of the five years of teaching was after the 1997–1998 academic year.

  • Teaching at an eligible educational service agency may be counted toward the required five consecutive, complete academic years only if the consecutive five-year period includes qualifying service at an eligible educational service agency performed after the 2007–2008 academic year.

SECTION 7: LOAN FORGIVENESS ELIGIBILITY REQUIREMENTS (continued)
If your five consecutive, complete years of qualifying teaching service began before October 30,2004: You may receive up to $5,000 in loan forgiveness if, as certified by the chief administrative officer of the eligible school or educational service agency where you were employed, you were: A full-time teacher for elementary school students and you demonstrated knowledge and teaching skills in reading, writing, mathematics, and other areas of the elementary school curriculum; or A full-time teacher for secondary school students and you taught in a subject area that was relevant to your academic major. You may receive up to $17,500 in loan forgiveness if, as certified by the chief administrative officer of the eligible school or educational service agency where you were employed, you were: A highly qualified full-time teacher of mathematics or science to secondary school students; or A highly qualified special education teacher whose primary responsibility was to provide special education to children with disabilities, and you taught children with disabilities that corresponded to your area of special education training and have demonstrated knowledge and teaching skills in the content areas of the curriculum that you taught. If your five consecutive, complete years of qualifying teaching service began on or after October 30, 2004: You may receive up to $5,000 in loan forgiveness if, as certified by the chief administrative officer of the school or educational service agency where you were employed, you were a highly qualified full-time teacher for elementary or secondary school students. You may receive up to $17,500 in loan forgiveness if, as certified by the chief administrative officer of the school or educational service agency where you were employed, you were: A highly qualified full-time teacher of mathematics or science to secondary school students; or A highly qualified special education teacher whose primary responsibility was to provide special education to children with disabilities, and you taught children with disabilities that corresponded to your area of special education training and have demonstrated knowledge and teaching skills in the content areas of the curriculum that you taught. If you were unable to complete an academic year of teaching, that year may still be counted toward the required five consecutive, complete academic years if: You completed at least one-half of the academic year; and Your employer considers you to have fulfilled your contract requirements for the academic year for the purposes of salary increases, tenure, and retirement; and You were unable to complete the academic year because: You returned to postsecondary education, on at least a half-time basis, in an area of study directly related to the performance of the teaching service described above; or You had a condition covered under the Family and Medical Leave Act of 1993 (FMLA); or You were called or ordered to active duty status for more than 30 days as a member of a reserve component of the Armed Forces. Note: Absence due to a period of postsecondary education, a condition covered under the FMLA, or active duty service, including the time needed for you to resume teaching no later than the beginning of the next regularly scheduled academic year, does not constitute a break in the required five consecutive, complete years of qualifying teaching service.
SECTION 8: WHERE TO SEND THE COMPLETED TEACHER LOAN FORGIVENESS FORBEARANCE REQUEST
Return the completed form and any attachments to: (If no address is shown, return to your loan holder.)	If you need help completing this form, call: (If no phone number is shown, call your loan holder.)
SECTION 9: IMPORTANT NOTICES
Privacy Act Disclosure Notice: The Privacy Act of 1974 (5 U.S.C. 552a) requires that the following notice be provided to you: The authorities for collecting the requested information from and about you are 428(b)(2)(A) et seq. and 451 et seq. of the Higher Education Act of 1965, as amended (20 U.S.C. 1078(b)(2)(A) et seq. and 20 U.S.C. 1087a et seq.) and the authority for collecting and using your Social Security Number (SSN) is 484(a)(4) of the HEA (20 U.S.C. 1091(a)(4)). Participating in the Federal Family Education Loan (FFEL) Program or the William D. Ford Federal Direct Loan (Direct Loan) Program and giving us your SSN are voluntary, but you must provide the requested information, including your SSN, to participate. The principal purposes for collecting the information on this form, including your SSN, are to verify your identity, to determine your eligibility to receive a loan or a benefit on a loan (such as a deferment, forbearance, discharge, or forgiveness) under the FFEL Program and/or Direct Loan Program, to permit the servicing of your loan(s), and, if it becomes necessary, to locate you and to collect on your loan(s) if your loan(s) becomes delinquent or in default. We also use your SSN as an account identifier and to permit you to access your account information electronically. The information in your file may be disclosed to third parties as authorized under routine uses in the appropriate systems of records. The routine uses of this information include its disclosure to federal, state, or local agencies, to other federal agencies under computer matching programs, to agencies that we authorize to assist us in administering our loan programs, to private parties such as relatives, present and former employers, business and personal associates, to credit bureau organizations, to financial and educational institutions, to guaranty agencies, and to contractors in order to verify your identity, to determine your eligibility to receive a loan or a benefit on a loan, to permit the servicing or collection of your loan(s), to counsel you in repayment efforts, to enforce the terms of the loan(s), to investigate possible fraud and to verify compliance with federal student financial aid program regulations, to locate you if you become delinquent in your loan payments or if you default, to provide default rate calculations, to provide financial aid history information, to assist program administrators with tracking refunds and cancellations, or to provide a standardized method for educational institutions efficiently to submit student enrollment status. In the event of litigation, we may send records to the Department of Justice, a court, adjudicative body, counsel, party, or witness if the disclosure is relevant and necessary to the litigation. If this information, either alone or with other information, indicates a potential violation of law, we may send it to the appropriate authority for action. We may send information to members of Congress if you ask them to help you with federal student aid questions. In circumstances involving employment complaints, grievances, or disciplinary actions, we may disclose relevant records to adjudicate or investigate the issues. If provided for by a collective bargaining agreement, we may disclose records to a labor organization recognized under 5 U.S.C. Chapter 71. Disclosures may also be made to qualified researchers under Privacy Act safeguards. Paperwork Reduction Notice: According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a currently valid OMB control number. Public reporting burden for this collection of information is estimated to average 0.33 hours (20 minutes) per response, including time for reviewing instructions, searching existing data resources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Individuals are obligated to respond to this collection to obtain a benefit in accordance with 35 CFR 682.211(h)(4)(iii) and 34 CFR 685.205(a)(5). Send comments regarding the burden estimate(s) or any other aspect of this collection of information, including suggestions for reducing this burden, to the U.S. Department of Education, 400 Maryland Avenue, SW, Washington, DC 20210-4537 or e-mail [email protected] and reference OMB Control Number 1845-0059. Note: Please do not return the completed Teacher Loan Forgiveness Forbearance Request to this address. If you have any questions regarding the status of your individual submission of this form, contact your loan holder (see Section 9).

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