(a) The board may provide repayment assistance under this subchapter for the repayment of any student loan that:
(1) is for education at:
(A) a public or private institution of higher education; or
(B) a nonprofit, tax-exempt, regionally accredited college or university operating in accordance with a memorandum of understanding with this state under an executive order issued by the governor; and
(2) is received by an eligible person through an eligible lender.
(b) If the loan is not a state or federal guaranteed student loan, the note or other writing governing the terms of the loan must require the loan proceeds to be used for expenses incurred by a person in attending a postsecondary educational institution.
(c) The board may not provide loan repayment assistance under this subchapter for a student loan that is in default at the time of the person's application for repayment assistance.