Hi Heather,

You posted some time ago that your interpretation of the law (quoted below) establishing PSLF only excludes religious workers if they do not meet any of the first four criteria. Thus, pastors would be eligible so long as their church/synagogue/mosque/etc. is a 501(c)(3) nonprofit. We know now that the Department of Education has decided this is not the case, and has explicitly excluded anyone involved in worship or proselytizing from the program.

Is this the final word? Is there any chance that this could be challenged, either by a DoE appeal or in court? The wording of the law seems fairly clear that the exclusion does not apply to non-profit organizations.

Thanks for your input.
- Mitchell

Public service organization means:
(1) A Federal, State, local, or Tribal government organization, agency, or entity;
(2) A public child or family service agency;
(3) A non-profit organization under section 501(c)(3) of the Internal Revenue Code that is exempt from taxation under section 501(a) of the Internal Revenue Code;
(4) A Tribal college or university; or
(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 health 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.