Student Loan Cancellation

Public Law 85-864-National Defense Education Act

September 2, 1958

The National Defense Education Act, title II, Student Loans, provides funds for loans to students for the purpose of continuing their higher education. These loans may be canceled at the rate of 10 percent per year for up to 50 percent of the loan for those persons who teach in public or private nonprofit schools. In addition, those who teach in schools which are designated as schools in disadvantaged areas, may have 100 percent of their loan canceled at the rate of 15 percent per year.

Teachers teaching in Bureau of Indian Affairs elementary and secondary schools may have their loans canceled at the higher rate of 15 percent per year.

[The National Defense Education Act, title II as passed on September 2, 1958 (Public Law 85-864) contained only the provision for the 10 percent per year cancellation. Until the 15 percent provision became effective in 1965 teachers teaching in Bureau of Indian Affairs schools would be eligible for the 10 percent per year cancellation. The 15 percent per year cancellation was added by the Higher Education Act passed on November 8, 1965 (Public Law 89-329).]

The following is the text of the provision of the National Defense Education Act, title II section 205 (a) (3) which allows loan cancellation:

(3) not to exceed 50 per centum of any such loan made prior to July 1, 1970 (plus interest) shall be canceled for service as a full-time teacher in a public or other nonprofit elementary or secondary school in a State, in an institution of higher education, or in an elementary or secondary school overseas of the Armed Forces of the United States, at the rate of 10 per centum of the total amount of such loan plus interest thereon for each complete academic year or its equivalent (as determined under regulations of the Commissioner) of such service, except that (A) such rate shall be 15 per centum for each complete academic year or its equivalent (as determined under regulations of the Commissioner) of service as a full-time teacher in a public or other nonprofit elementary or secondary school which is in the school district of a local educational agency which is eligible in such year for assistance pursuant to title II of Public Law 874, Eightyfirst Congress, as amended, and which for purposes of this clause and for that year has been determined by the Commissioner, pursuant to regulations and after consultation with the State educational agency of the State in which the school is located, to be a school in which there is a high concentration of students from low-income families, except that (unless all of the schools so determined are schools in which the enrollment of children described in clause (A), (B), or (C) of section 103(a) (2) of such Public Law (using a low-income factor of $3,000) exceeds 50 per centum of the total enrollment of the school) the Commissioner shall not make such determination with respect to more than 25 per centum of the total of the public and other nonprofit elementary and secondary schools in any one State for any one year, (B) such rate shall be 15 per centum

for each complete academic year or its equivalent (as so determined by regulations) of service as a full-time teacher of handicapped children (including mentally retarded, hard of hearing, deaf, speech impaired, visually handicapped, seriously emotionally disturbed or other health impaired children who by reason thereof require special education) in a public or other non-profit elementary or secondary school system, and (C) for the purposes of any cancellation pursuant to clause (A) or (B), an additional 50 per centum of any such loan (plus interest) may be canceled but nothing in this paragraph shall authorize refunding any payment.

Teacher Corps

Public Law 90-35-Education Professions Development ActJune 29, 1967

The Teacher Corps program has the purpose of strengthening the educational opportunities available to children in areas having concentrations of low-income families and encouraging colleges and universities to broaden their programs of teacher preparation. Teacher Corps interns participate in the program for a period of 2 years during which time they receive college training and work in elementary and secondary schools with high concentrations of disadvantaged children. At the end of the 2-year program, the interns receive a master's degree. Teacher Corps participants are assigned to work within the school system of the Bureau of Indian Affairs at Indian schools. Up to 3 percent of the available Teacher Corps members are specifically allotted to the Bureau of Indian Affairs, Puerto Rico, and the Virgin

Islands.

[The Higher Education Act (Public Law 89-329) as passed on November 8, 1965, made provisions for the allocations of Teacher Corps members to Puerto Rico and the Virgin Islands. The Education Professions Development Act (Public Law 90-53) as passed on June 29, 1967, allocated 3 percent of the Corps members to Puerto Rico, the Virgin Islands, and elementary and secondary schools operated for Indian children by the Department of the Interior by section 513 (3) (f).]

The provision for the allocation of Teacher Corps members to Indian schools (Higher Education Act, title V, section 513(c)(2)) is as follows:

(2) Not to exceed 3 per centum of the number of members of the Teacher Corps, who are available shall be allocated to Puerto Rico, the Virgin Islands, and elementary and secondary schools operated for Indian children by the Department of the Interior, according to their respective needs.

Headstart

P.L. 88-452-Economic Opportunity Act-August 20, 1964

The Headstart program focuses upon preschool children to provide comprehensive health, nutritional, education, social and other services necessary to assist them in attaining their full potential. It further provides for the direct participation of the parents of children participating in the program. It is aimed at providing experiences to children. primarily from low-income families to enable them to begin elementary school with a wider understanding of the world.

The language of the legislation is broad and does not specifically mention Indians as possible participants in Headstart programs. Currently, there are a great number of programs on Indian reservations providing the services outlined above including parent participation in the development, conduct and overall program direction at the local

level.

[The Headstart program was added to the Economic Opportunity Act by the 1966 amendments (Public Law 89-794) on November 8, 1966. Minor revisions were made in the amendments of 1967 (Public Law 90-222) was passed on December 22, 1967.]

The following are the texts of the 1966 amendments including Headstart, and the current language:

Public Law 89-794

HEADSTART AND LEGAL SERVICES PROGRAMS

SEC. 211-1. (a) In carrying out sections 204 and 205, the Director shall carry out programs eligible for assistance under such sections which assist young children who have not reached the age of compulsory school attendance and which i include (1) the furnishing of such comprehensive health, nutritional, social, educational, and mental health services as the Director finds will aid such children to attain their greatest potential, (2) the provision of appropriate activities to encourage the participation of parents of such children and the effective use of their services, and (3) such other training, technical assistance, evaluation, and follow-through activities as may be necessary or appropriate. Public Law 90-222

the Director may provide financial assistance to public or private nonprofit agencies to carry on local projects initiated under such special programs; but he shall do so in a manner that will encourage, wherever feasible, the inclusion of the assisted projects in community action programs, with a view to minimizing possible duplication and promoting efficiencies in the use of common facilities and services, better assisting persons or families having a variety of needs, and otherwise securing from the funds committed the greatest possible impact in promoting family and individual self-sufficiency. Programs under this section shall include those described in the following paragraphs:

(1) A program to be known as "Project Headstart" focused upon children who have not reached the age of compulsory school attendance which (A) will provide such comprehensive health, nutritional, education, social, and other services as the Director finds will aid the children to attain their full potential and (B) will provide for direct participation of the parents of such children in the development, conduct, and overall program direction at the local level.

Volunteers In Service To America Program

P.L. 88-452-Economic Opportunity Act-August 20, 1964

The VISTA program, under title VIII of the Economic Opportunity Act, has the purpose of strengthening and supplementing efforts to eliminate poverty by encouraging and enabling persons from all walks of life and all age groups, to perform meaningful and constructive service as volunteers in programs in their home, nearby communities, rural areas and urban communities, on Indian reservations, among migrant workers and other areas where the application of human talent and dedication may help the poor to overcome the handicaps of poverty and to secure and exploit opportunities for selfadvancement.

VISTA volunteers are currently being assigned to work on some Indian reservations to help meet the health, education, welfare, and related needs of Indians. Volunteers are assigned upon the request of Federal, State, or local agencies, or private nonprofit organizations. [The provisions of the VISTA program relating to Indians were passed in the original Economic Opportunity Act (Public Law 88-452) on August 20, 1964, as section 603 (a) (2). This section was changed to 802 by the 1966 amendments to the Economic Opportunity Act and to the present form section 801 (a) (1) by the 1967 amendments.]

The following is the text of section 801 (a) (1) indicating the relation of the VIŠTA program to Indians:

SEC. 801. This title provides for a program of fulltime volunteer service, for programs of part-time or short-term community volunteer service, and for special volunteer programs, together with other powers and responsibilities designed to assist in the development and coordination of volunteer programs * * * and as full-time volunteers serving in rural areas and urban communities, on Indian reservations, among migrant workers, in Job Corps centers, and in other agencies, institutions *

PART A-FULL-TIME VOLUNTEER PROGRAMS

AUTHORITY TO ESTABLISH FULL-TIME PROGRAMS

SEC. 810. (a) The Director may recruit, select, and train persons to serve in full-time volunteer programs, and upon request of Federal, State, or local agencies, or private nonprofit organizations, may assign such volunteers to work(1) in meeting the health, education, welfare, or related needs of Indians living on reservations, of migratory workers and their families * * *.