Criteria of a Teacher

A teacher is a person who provides to students either

  • direct classroom teaching or
  • classroom-type teaching in a non-classroom setting or
  • educational services directly related to classroom teaching (e.g. school librarian; guidance counselor).

In addition, the borrower must be:

  • teaching full time
  • in a public or other nonprofit elementary or secondary school system
  • directly employed by the school system

Positions with Special Requirements

The following positions qualify for cancellation only if the borrower provides direct and personal educational services to students:

  • supervisor
  • administrator
  • researcher
  • curriculum specialist

The following programs qualify only if the STATE considers them to be part of its elementary education program:

  • pre-school
  • pre-kindergarten
  • kindergarten

Teaching in Multiple Locations

A borrower who is simultaneously teaching part time in two or more schools may request a cancellation if an official at one of the schools certifies that the borrower taught full time for a full academic year.

In addition, all of the schools must be listed in the directory of designated low-income schools.

For example:

  • under a consortium agreement, a borrower may be employed by the consortium and teach at member schools.
  • two or more schools, by mutual agreement, could arrange to have one school employ the borrower on a full-time basis and then hire out his or her services to the other school(s) involved in the agreement.
  • a borrower can be considered to have been a full-time teacher for an academic year if he or she can obtain appropriate certifications that he or she has taught in two half-time teaching positions for a complete academic year in two elementary or secondary schools or in two secondary schools.

If it cannot easily be determined that the borrower taught full time, then the borrower’s cancellation request must be denied.

Incomplete Academic Year

Borrowers who are unable to complete an academic year of eligible teaching service due to a condition covered under the FMLA may still qualify for cancellation if they:

  • have completed at least one half of the academic year
  • are deemed by their employer to have fulfilled the contract requirements for the academic year for purposes of salary increases, tenure and retirement.