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Notes

34 C.F.R. §§ 686.40–686.43

4 sections in range

§686.40. Documenting the service obligation.

34 C.F.R. § 686.40

(a)
If a grant recipient is performing full-time teaching service in accordance with the agreement to serve or repay, or agreements to serve or repay if more than one agreement exists, the grant recipient must, upon completion of each of the four required elementary or secondary academic years of teaching service, provide to the Secretary documentation of that teaching service on a form approved by the Secretary and certified by the chief administrative officer of the school or educational service agency in which the grant recipient is teaching. The documentation must show that the grant recipient—
(1)
Taught full-time in a low-income school as a highly qualified teacher as defined in § 686.2(d); and
(2)
(i)
Taught a majority of classes during the period being certified in any of the high-need fields of mathematics, science, a foreign language, bilingual education, English language acquisition, special education, or as a reading specialist; or
(ii)
Taught a majority of classes during the period being certified in another high-need field designated by that State and listed in the Nationwide List, in accordance with § 686.12(d).
(b)
For purposes of completing the service obligation, the elementary or secondary academic year may be counted as one of the grant recipient's four complete elementary or secondary academic years if the grant recipient completes at least one-half of the elementary or secondary academic year and the grant recipient's school employer considers the grant recipient to have fulfilled his or her contract requirements for the elementary or secondary academic year for the purposes of salary increases, tenure, and retirement if the grant recipient is unable to complete an elementary or secondary academic year due to—
(1)
A condition that is a qualifying reason for leave under the Family and Medical Leave Act of 1993 (FMLA) (29 U.S.C. 2612(a)(1) and (3));
(2)
A call or order to Federal or State active duty, or Active Service as a member of a Reserve Component of the Armed Forces named in 10 U.S.C. 10101, or service as a member of the National Guard on full-time National Guard duty, as defined in 10 U.S.C. 101(d)(5); or
(3)
Residing in or being employed in a federally declared major disaster area as defined in the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(2)).
(c)
(1)
A grant recipient who taught in more than one qualifying school or qualifying educational service agency during an elementary or secondary academic year and demonstrates that the combined teaching service was the equivalent of full-time, as supported by the certification of one or more of the chief administrative officers of the schools or educational service agencies involved, is considered to have completed one elementary or secondary academic year of qualifying teaching.
(2)
If the school or educational service agency at which the grant recipient is employed meets the requirements of a low-income school in the first year of the grant recipient's four elementary or secondary academic years of teaching and the school or educational service agency fails to meet those requirements in subsequent years, those subsequent years of teaching qualify for purposes of satisfying the service obligation described in § 686.12(b).
Notes, amendments, and revision history

Amendments

[85 FR 49826, Aug. 14, 2020]

Authority

Authority: 20 U.S.C. 1070g, et seq. , unless otherwise noted.

Source

Source: 73 FR 35495, June 23, 2008, unless otherwise noted.

Amendments

[85 FR 49826, Aug. 14, 2020]

§686.41. Periods of suspension.

34 C.F.R. § 686.41

(a)
(1)
A grant recipient who has completed or who has otherwise ceased enrollment in a TEACH Grant-eligible program for which he or she received TEACH Grant funds may request a suspension from the Secretary of the eight-year period for completion of the service obligation based on—
(i)
Enrollment in a program of study for which the recipient would be eligible for a TEACH Grant or in a program of study that has been determined by a State to satisfy the requirements for certification or licensure to teach in the State's elementary or secondary schools;
(ii)
Receiving State-required instruction or otherwise fulfilling requirements for licensure to teach in a State's elementary or secondary schools;
(iii)
A condition that is a qualifying reason for leave under the FMLA;
(iv)
A call to order to Federal or State active duty or Active Service as a member of a Reserve Component of the Armed Forces named in 10 U.S.C. 10101, or service as a member of the National Guard on full-time National Guard duty, as defined in 10 U.S.C. 101(d)(5);
(v)
Military orders for the recipient's spouse for—
(A)
Deployment with a military unit or as an individual in support of a call to Federal or State Active Duty, or Active Service; or
(B)
A change of permanent duty station from a location in the continental United States to a location outside of the continental United States or from a location in a State to any location outside of that State; or
(vi)
Residing in or being employed in a federally declared major disaster area as defined in the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(2)).
(2)
A grant recipient may receive a suspension described in paragraphs (a)(1)(i) through (vi) of this section in one-year increments that—
(i)
Does not exceed a combined total of three years under paragraphs (a)(1)(i) through (iii) of this section;
(ii)
Does not exceed a total of three years under paragraph (a)(1)(iv) of this section;
(iii)
Does not exceed a total of three years under paragraph (a)(1)(v) of this section; or
(iv)
Does not exceed a total of three years under paragraph (a)(1)(vi) of this section.
(b)
A grant recipient, or his or her representative in the case of a grant recipient who qualifies under paragraph (a)(1)(iv) or (vi) of this section, must apply for a suspension on a form approved by the Secretary, prior to being subject to any of the conditions under § 686.43(a)(1) through (5) that would cause the TEACH Grant to convert to a Direct Unsubsidized Loan.
(c)
A grant recipient, or his or her representative in the case of a grant recipient who qualifies under paragraph (a)(1)(iv) or (vi) of this section, must provide the Secretary with documentation supporting the suspension request as well as current contact information including home address and telephone number.
(d)
On a case-by-case basis, the Secretary may grant a temporary suspension of the period for completing the service obligation if the Secretary determines that a grant recipient was unable to complete a full academic year of teaching or begin the next academic year of teaching due to exceptional circumstances significantly affecting the operation of the school or educational service agency where the grant recipient was employed or the grant recipient's ability to teach.
(e)
The Secretary notifies the grant recipient regarding the outcome of the application for suspension.
Notes, amendments, and revision history

Amendments

[85 FR 49826, Aug. 14, 2020]

Authority

Authority: 20 U.S.C. 1070g, et seq. , unless otherwise noted.

Source

Source: 73 FR 35495, June 23, 2008, unless otherwise noted.

Amendments

[85 FR 49826, Aug. 14, 2020]

§686.42. Discharge of agreement to serve or repay.

34 C.F.R. § 686.42

(a)
Death.
(1)
If a grant recipient dies, the Secretary discharges the obligation to complete the agreement to serve or repay based on—
(i)
An original or certified copy of the death certificate;
(ii)
An accurate and complete photocopy of the original or certified copy of the death certificate;
(iii)
An accurate and complete original or certified copy of the death certificate that is scanned and submitted electronically or sent by facsimile transmission; or
(iv)
Verification of the grant recipient's death through an authoritative Federal or State electronic database approved for use by the Secretary.
(2)
Under exceptional circumstances and on a case-by-case basis, the Secretary discharges the obligation to complete the agreement to serve or repay based on other reliable documentation of the grant recipient's death that is acceptable to the Secretary.
(b)
Total and permanent disability.
(1)
A grant recipient's agreement to serve or repay is discharged if the recipient becomes totally and permanently disabled, as defined in 34 CFR 685.102(b), and the grant recipient applies for and satisfies the eligibility requirements for a total and permanent disability discharge in accordance with 34 CFR 685.213.
(2)
If at any time the Secretary determines that the grant recipient does not meet the requirements of the three-year period following the discharge as described in 34 CFR 685.213(b)(7), the Secretary will notify the grant recipient that the grant recipient's obligation to satisfy the terms of the agreement to serve or repay is reinstated.
(3)
The Secretary's notification under paragraph (b)(2) of this section will—
(i)
Include the reason or reasons for reinstatement;
(ii)
Provide information on how the grant recipient may contact the Secretary if the grant recipient has questions about the reinstatement or believes that the agreement to serve or repay was reinstated based on incorrect information; and
(iii)
Inform the TEACH Grant recipient that he or she must satisfy the service obligation within the portion of the eight-year period that remained after the date of the discharge.
(4)
If the TEACH Grant made to a recipient whose TEACH Grant agreement to serve or repay is reinstated is later converted to a Direct Unsubsidized Loan, the recipient will not be required to pay interest that accrued on the TEACH Grant disbursements from the date the agreement to serve or repay was discharged until the date the agreement to serve or repay was reinstated.
(c)
Military discharge.
(1)
A grant recipient who has completed or who has otherwise ceased enrollment in a TEACH Grant-eligible program for which he or she received TEACH Grant funds and has exceeded the period of time allowed under § 686.41(a)(2)(ii), may qualify for a proportional discharge of his or her service obligation due to an extended call or order to active duty status. To apply for a military discharge, a grant recipient or his or her representative must submit a written request to the Secretary.
(2)
A grant recipient described in paragraph (c)(1) of this section may receive a—
(i)
One-year discharge of his or her service obligation if a call or order to active duty status is for more than three years;
(ii)
Two-year discharge of his or her service obligation if a call or order to active duty status is for more than four years;
(iii)
Three-year discharge of his or her service obligation if a call or order to active duty status is for more than five years; or
(iv)
Full discharge of his or her service obligation if a call or order to active duty status is for more than six years.
(3)
A grant recipient or his or her representative must provide the Secretary with—
(i)
A written statement from the grant recipient's commanding or personnel officer certifying—
(A)
That the grant recipient is on active duty in the Armed Forces of the United States;
(B)
The date on which the grant recipient's service began; and
(C)
The date on which the grant recipient's service is expected to end; or
(ii)
(A)
A copy of the grant recipient's official military orders; and
(B)
A copy of the grant recipient's military identification.
(4)
For the purpose of this section, the Armed Forces means the Army, Navy, Air Force, Marine Corps, the Coast Guard, a reserve component of the Armed Forces named in 10 U.S.C. 10101, or the National Guard.
(5)
Based on a request for a military discharge from the grant recipient or his or her representative, the Secretary will notify the grant recipient or his or her representative of the outcome of the discharge request. For the portion on the service obligation that remains, the grant recipient remains responsible for fulfilling his or her service obligation in accordance with § 686.12.
Notes, amendments, and revision history

Amendments

[73 35495, June 23, 2008, as amended at 74 FR 55950, Oct. 29, 2009; 81 FR 76089, Nov. 1, 2016; 85 FR 49827, Aug. 14, 2020]

Authority

Authority: 20 U.S.C. 1070g, et seq. , unless otherwise noted.

Source

Source: 73 FR 35495, June 23, 2008, unless otherwise noted.

Amendments

[73 35495, June 23, 2008, as amended at 74 FR 55950, Oct. 29, 2009; 81 FR 76089, Nov. 1, 2016; 85 FR 49827, Aug. 14, 2020]

§686.43. Obligation to repay the grant.

34 C.F.R. § 686.43

(a)
(1)
The TEACH Grant amounts disbursed to the recipient will be converted into a Direct Unsubsidized Loan, with interest accruing from the date that each grant disbursement was made and be collected by the Secretary in accordance with the relevant provisions of subpart A of 34 CFR part 685 if—
(i)
The grant recipient, regardless of enrollment status, requests that the TEACH Grant be converted into a Direct Unsubsidized Loan because he or she has decided not to teach in a qualified school or educational service agency, or not to teach in a high-need field, or for any other reason; or
(ii)
The grant recipient does not begin or maintain qualified employment within the timeframe that would allow that individual to complete the service obligation within the number of years required under § 686.12.
(2)
At least annually during the service obligation period under § 686.12, the Secretary notifies the grant recipient of—
(i)
The terms and conditions that the grant recipient must meet to satisfy the service obligation;
(ii)
The requirement for the grant recipient to provide to the Secretary, upon completion of each of the four required elementary or secondary academic years of teaching service, documentation of that teaching service on a form approved by the Secretary and certified by the chief administrative officer of the school or educational service agency in which the grant recipient taught and emphasizes the necessity to keep copies of this information and copies of the recipient's own employment documentation;
(iii)
The service years completed and the remaining timeframe within which the grant recipient must complete the service obligation;
(iv)
The conditions under which the grant recipient may request a temporary suspension of the period for completing the service obligation;
(v)
The conditions as described under paragraph (a)(1) of this section under which the TEACH Grant amounts disbursed to the recipient will be converted into a Direct Unsubsidized Loan;
(vi)
The potential total interest accrued;
(vii)
The process by which the recipient may contact the Secretary to request reconsideration of the conversion, the deadline by which the grant recipient must submit the request for reconsideration, and a list of the specific documentation required by the Secretary to reconsider the conversion; and
(viii)
An explanation that to avoid further accrual of interest as described in § 686.12(b)(4)(ii), a grant recipient who decides not to teach in a qualified school or field, or who for any other reason no longer intends to satisfy the service obligation, may request that the Secretary convert his or her TEACH Grant to a Direct Unsubsidized Loan that the grant recipient may begin repaying immediately, instead of waiting for the TEACH Grant to be converted to a loan under the condition described in paragraph (a)(1)(ii) of this section.
(3)
On or about 90 days before the date that a grant recipient's TEACH Grants would be converted to Direct Unsubsidized Loans in accordance with paragraph (a)(1)(ii) of this section, the Secretary notifies the grant recipient of the date by which the recipient must submit documentation showing that the recipient is satisfying the obligation.
(4)
If the TEACH Grant amounts disbursed to a recipient are converted to a Direct Unsubsidized Loan, the Secretary notifies the recipient of the conversion and offers conversion counseling as described in § 686.32(e).
(5)
Except as provided in paragraph (a)(8) of this section, if a grant recipient's TEACH Grant was converted to a Direct Unsubsidized Loan, the Secretary will reconvert the loan to a TEACH Grant based on documentation provided by the recipient or in the Secretary's records demonstrating that the recipient was satisfying the service obligation as described in § 686.12 or that the grant was converted to a loan in error.
(6)
If a grant recipient who requests reconsideration demonstrates to the satisfaction of the Secretary that a TEACH Grant was converted to a loan in error, the Secretary—
(i)
Reconverts the loan to a TEACH Grant;
(ii)
Applies any academic years of qualifying teaching service that the grant recipient completed before or during the period when the grant was incorrectly in loan status toward the grant recipient's four-year service obligation requirement;
(iii)
Upon reconversion of the loan to a TEACH Grant, provides the grant recipient with an additional period of time, equal to eight years minus the number of full academic years of teaching that the recipient completed prior to the reconversion of the loan to a TEACH Grant, including any years of qualifying teaching completed during the period when the TEACH Grant was incorrectly in loan status, to complete the remaining portion of the service obligation.
(iv)
Ensures that the grant recipient receives credit for any payments that were made on the Direct Unsubsidized Loan that was reconverted to a TEACH Grant;
(v)
Notifies the recipient of the reconversion to a grant and explains that the recipient is once again responsible for meeting all requirements of the service obligation under § 686.12; and
(vi)
Requests deletion of any derogatory information reported to the consumer reporting agencies related to the grant while it was in loan status and furnishes a statement confirming that the grant was converted to a loan in error that the recipient may provide to creditors until the recipient's credit history has been corrected.
(7)
If a grant recipient who requests reconsideration does not demonstrate to the satisfaction of the Secretary that a TEACH Grant was converted to a loan in error, the Secretary—
(i)
Notifies the recipient that the loan cannot be converted to a TEACH Grant;
(ii)
Explains the reason or reasons why the loan cannot be converted to a TEACH Grant; and
(iii)
Explains how the recipient may contact the Federal Student Aid Ombudsman if he or she continues to believe that the TEACH Grant was converted to a loan in error.
(8)
In the case of a grant recipient whose TEACH Grant was converted to a Direct Unsubsidized Loan in accordance with paragraph (a)(1)(i) of this section, the Secretary will reconvert the loan to a grant and restore the recipient's service obligation if—
(i)
The grant recipient submits a request to the Secretary to reconvert the loan to a TEACH Grant;
(ii)
Excluding any periods of suspension granted under § 686.41, there is sufficient time remaining for the grant recipient to complete the required four academic years of qualifying teaching service within eight years from the date the grant recipient ceased enrollment at the institution where the recipient received the grant or, in the case of a student who received a TEACH Grant at one institution and subsequently transferred to another institution and enrolled in another TEACH Grant-eligible program, within eight years from the date the recipient ceased enrollment at the other institution; and
(iii)
In the case of a recipient who would not have sufficient time remaining to complete the service obligation within the eight-year period as described in paragraph (a)(8)(ii) of this section unless the recipient qualifies for a suspension under § 686.40, which may be granted retroactively, the recipient requests and is determined to be eligible for the suspension.
(9)
A TEACH Grant recipient remains obligated to meet all requirements of the service obligation under § 686.12, even if the recipient does not receive the notices from the Secretary as described in paragraph (a)(2) of this section.
(b)
A TEACH Grant that is converted to a loan, and is treated as a Direct Unsubsidized Loan, is not counted against the grant recipient's annual or aggregate loan limits under 34 CFR 685.203.
(c)
A grant recipient whose TEACH Grant has been converted to a Direct Unsubsidized Loan—
(1)
Enters a six-month grace period prior to entering repayment, and
(2)
Is eligible for all of the benefits of the Direct Loan Program.
Notes, amendments, and revision history

Amendments

[85 FR 49827, Aug. 14, 2020]

Authority

Authority: 20 U.S.C. 1070g, et seq. , unless otherwise noted.

Source

Source: 73 FR 35495, June 23, 2008, unless otherwise noted.

Amendments

[85 FR 49827, Aug. 14, 2020]