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New PSLF application…

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Total Posts: 154

Joined 2015-01-08

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Application can be found here:

https://studentaid.ed.gov/sa/sites/default/files/public-service-application-for-forgiveness.pdf

Mostly, it is another ECF with some added language.

Here is the most glaring change of all:

Page 2&3, definition of private non-profit organization: Remember the ABA lawsuit where this section was referred to? Well, looks like the department of ed decided to change the language in their favor:

Current language of application (and the most recent ECF document):
A private not-for-profit organization is an organization that is not organized for profit, is not a labor union, is not a partisan political organization, and provides at least one of the following public services as its primary purpose: (1) emergency management, (2) military service, (3) public safety, (4) law enforcement, (5) public interest legal services, (6) early childhood education, (7) public service for individuals with disabilities and the elderly, (8) public health, (9) public education, (10) public library services, (11) school library services, or (12) other school- based services.

So, what is different? compare this to the ECF form two years ago:

A private organization (that is not a business organized for profit, a labor union, or a partisan political organization) that provides at least one of the following public services: (1) emergency management, (2) military service, (3) public safety, (4) law enforcement, (5) public interest law services, (6) early childhood education (including licensed or regulated child care, Head Start, and State funded pre-kindergarten), (7) public service for individuals with disabilities and the elderly, (8) public health (including nurses, nurse practitioners, nurses in a clinical setting, and full-time professionals engaged in health care practitioner occupations and health support occupations, as such terms are defined by the Bureau of Labor Statistics), (9) public education, (10) public library services, (11) school library

Some changes in wording, but now they say the organization has to include one of the services as it’s PRIMARY service…..this goes against all previous reiterations of the ECF form, and even goes against 34 CFR 685.219 which states

(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 health 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.


I don’t see how the dept of ed can enforce that interpretation unless the law is amended….

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Total Posts: 15

Joined 2011-11-03

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Yes, that language is a departure from the actual language of the law, as you noted. Some employers, especially nonprofits, have various purposes. The regulation does not require the service to be a “primary purpose.” Adding that language completely changes the scope of PSLF eligibility.

The DOE is unilaterally restricting who will be able to file the certification form now. It’s mind-boggling how they are attempting to wiggle out of PSLF on the cusp of the first to be eligible next month, whether through miscalculation of qualifying payments or straight-up changing the language of the law.

It will be interesting to see how the ABA lawsuit comes out. Until then, scratching my head on what to do about the new certification form’s language.

 

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Joined 2019-06-09

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