My question concerns the definition of “public interest law services” under 34 C.F.R. 685.219. 

Would a law firm that represents mostly but not exclusively local government entities qualify under PSLF? Would this be considered a “private organization that provides…public interest law services…funded in whole or in part” by a local government? What are your thoughts?

The comments in the Federal Register at 73 FR 63232 (Oct. 23, 2008) do not provide much guidance about the Department of Education’s view on this issue.

Thanks for using the forum.

Unfortunately, I don’t think any private law firm will qualify as a “public interest organization” even representing local governments.  Looking at the regulatory language with my emphasis:

(5) A private organization that
(i) Provides the following public services: Emergency management, military service, public safety, law enforcement, public interest law services, early childhood education (including licensed or regulated child care, Head Start, and State funded pre-kindergarten), public service for individuals with disabilities and the elderly, public health (including nurses, nurse practitioners, nurses in a clinical setting, and full-time professionals engaged in heath care practitioner occupations and health care support occupations, as such terms are defined by the Bureau of Labor Statistics), public education, public library services, school library or other school-based services; and
(ii) Is not a business organized for profit, a labor union, a partisan political organization, or an organization engaged in religious activities, unless the qualifying activities are unrelated to religious instruction, worship services, or any form of proselytizing.

In fact, I am hard pressed to discover examples of organizations that meet this very narrow definition.  I can make pretty good arguments that inter-governmental organizations like the UN should qualify under certain situations, and maybe a few membership organizations (that were 501(c)(4)s), but it’s really a very narrow definition.

Yours,
Heather