S T A T E O F N E W Y O R K
________________________________________________________________________
8354
2019-2020 Regular Sessions
I N A S S E M B L Y
June 15, 2019
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Introduced by M. of A. EPSTEIN -- read once and referred to the Commit-
tee on Higher Education
AN ACT to amend the education law, in relation to establishing the
office of student assistance and relief
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new article 14-B
to read as follows:
ARTICLE 14-B
OFFICE OF STUDENT ASSISTANCE AND RELIEF
SECTION 696. OFFICE OF STUDENT ASSISTANCE AND RELIEF.
697. DIRECTOR AND STAFF EMPLOYEES; QUALIFICATIONS.
698. DUTIES.
699. PROVIDED SERVICES FOR STUDENTS WHO HAVE ATTENDED AN INSTI-
TUTION WHICH IS CLOSING.
700. REPORTING.
§ 696. OFFICE OF STUDENT ASSISTANCE AND RELIEF. 1. THERE IS HEREBY
CREATED AN OFFICE OF STUDENT ASSISTANCE AND RELIEF. THE OFFICE SHALL BE
RESPONSIBLE FOR ADVANCING AND PROMOTING THE RIGHTS OF PROSPECTIVE
STUDENTS, CURRENT STUDENTS, OR PAST STUDENTS OF PRIVATE POST-SECONDARY
EDUCATION INSTITUTIONS.
2. FOR PURPOSES OF THIS SECTION, "POST-SECONDARY EDUCATION INSTITU-
TION" OR "INSTITUTION" SHALL MEAN ANY INSTITUTION PROVIDING EDUCATION AT
A LEVEL HIGHER THAN HIGH SCHOOL OR HIGH SCHOOL EQUIVALENT.
§ 697. DIRECTOR AND STAFF EMPLOYEES; QUALIFICATIONS. 1. THE HEAD OF
THE OFFICE OF STUDENT ASSISTANCE AND RELIEF SHALL BE A DIRECTOR, WHO
SHALL BE APPOINTED BY THE COMMISSIONER.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE DIRECTOR SHALL HAVE
THE AUTHORITY TO FILL STAFF POSITIONS WITHIN THE OFFICE BY NEW HIRE OR
BY PROMOTION OPEN TO STATE EMPLOYEES WHO POSSESS THE MINIMUM QUALIFICA-
TIONS FOR SUCH STAFF POSITIONS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13205-01-9
A. 8354 2
3. THE DIRECTOR, AND EACH STAFF EMPLOYEE OF THE OFFICE, SHALL HAVE
EXPERIENCE AND EXPERTISE, COMMENSURATE WITH HIS OR HER POSITION, ADVO-
CATING ON BEHALF OF STUDENTS AND SHALL HAVE KNOWLEDGE OF ANY APPLICABLE
FEDERAL AND STATE LAWS WHICH GOVERN STUDENT PROTECTION, STUDENT FINAN-
CIAL AID AND LOAN PROGRAMS AND THE POLICIES AND PRACTICES OF PRIVATE
POST-SECONDARY EDUCATIONAL INSTITUTIONS.
§ 698. DUTIES. THE OFFICE OF STUDENT ASSISTANCE AND RELIEF SHALL BE
TASKED WITH THE FOLLOWING DUTIES:
1. TO CONDUCT OUTREACH AND PROVIDE INFORMATION AND ASSISTANCE TO
STUDENTS WHO HAVE BEEN AFFECTED BY THE UNLAWFUL ACTIVITIES OR CLOSURE OF
AN INSTITUTION REGARDING THEIR RIGHTS UNDER STATE AND FEDERAL LAW,
INCLUDING INFORMATION ABOUT HOW AND WHERE TO FILE A COMPLAINT, AND TO
ENSURE THAT THOSE STUDENTS ARE ABLE TO SUCCESSFULLY ACCESS AVAILABLE
STATE AND FEDERAL RELIEF PROGRAMS.
2. TO SERVE AS A PRIMARY POINT OF CONTACT TO ADDRESS THE NEEDS OF
PRIVATE POST-SECONDARY EDUCATION STUDENTS AND WORK IN CONJUNCTION WITH
STATE AND FEDERAL AGENCIES, INCLUDING, BUT NOT LIMITED TO, THE DEPART-
MENT, THE STATE UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK,
THE DEPARTMENT OF FINANCIAL SERVICES, THE DIVISION OF VETERANS' AFFAIRS,
THE FEDERAL CONSUMER FINANCIAL PROTECTION BUREAU AND THE UNITED STATES
DEPARTMENT OF EDUCATION.
3. TO PROVIDE POST-SECONDARY EDUCATION STUDENTS AND PROSPECTIVE
STUDENTS WITH INFORMATION ON:
(A) MAKING INFORMED DECISIONS IN SELECTING POST-SECONDARY EDUCATION
INSTITUTIONS;
(B) STUDENT'S RIGHTS REGARDING SCHOOL PERFORMANCE DISCLOSURES, ENROLL-
MENT AGREEMENTS, AND CANCELLATION AND REFUND POLICIES;
(C) CONTACT INFORMATION FOR STUDENTS TO CONTACT THE OFFICE FOR ASSIST-
ANCE WITH ANY QUESTIONS A STUDENT MAY HAVE;
(D) STUDENT LOANS AND ASSISTANCE; AND
(E) FREE NON-PROFIT COMMUNITY BASED RESOURCES AVAILABLE TO STUDENTS OR
PROSPECTIVE STUDENTS.
4. TO CONDUCT DATA AND INFORMATION RESEARCH RELATING TO INDUSTRY
TRENDS AND ENFORCEMENT ACTIONS FROM VARIOUS EDUCATIONAL SOURCES, INCLUD-
ING, BUT NOT LIMITED TO, ANNUAL REPORTS ISSUED BY THE UNITED STATES
DEPARTMENT OF EDUCATION AND STATE AND PRIVATE ACCREDITING AGENCIES, TO
HELP DETERMINE SUCH TRENDS AND POTENTIAL VIOLATIONS OF STUDENT RIGHTS.
THE OFFICE SHALL PROVIDE AN ANNUAL REPORT ADVISING THE COMMISSIONER OF
ITS FINDINGS.
§ 699. PROVIDED SERVICES FOR STUDENTS WHO HAVE ATTENDED AN INSTITUTION
WHICH IS CLOSING. THE OFFICE OF STUDENT ASSISTANCE AND RELIEF SHALL
PROVIDE INDIVIDUALIZED ASSISTANCE TO POST-SECONDARY EDUCATION STUDENTS
TO RELIEVE OR MITIGATE THE ECONOMIC AND EDUCATIONAL OPPORTUNITY LOSS
INCURRED BY SUCH STUDENTS WHO ATTENDED AN INSTITUTION THAT IS CLOSING.
THE OFFICE SHALL PROVIDE SPECIFICALLY THE FOLLOWING SERVICES:
1. OUTREACH TO POST-SECONDARY EDUCATION STUDENTS WHO HAVE BEEN
AFFECTED INDICATING WHAT ASSISTANCE SHALL BE AVAILABLE THROUGH THE
OFFICE;
2. SCREENING REQUESTS FOR ASSISTANCE RECEIVED BY THE OFFICE; AND
3. INDIVIDUALIZED ASSISTANCE TO HELP POST-SECONDARY EDUCATION
STUDENTS:
(A) DETERMINE A STUDENT'S RELIEF ELIGIBILITY;
(B) IDENTIFY AND OBTAIN NECESSARY DOCUMENTS FOR RELIEF ELIGIBILITY;
(C) COMPLETE AND SUBMIT APPLICATIONS FOR RELIEF; AND
(D) GAIN ACCESS TO ANY OTHER ADDITIONAL SERVICES AS NECESSARY.
A. 8354 3
§ 700. REPORTING. 1. THE OFFICE OF STUDENT ASSISTANCE AND RELIEF SHALL
PROVIDE A QUARTERLY REPORT ON THE OFFICE'S WEBSITE WHICH DETAILS THE
FOLLOWING:
(A) A SUMMARY OF THE OUTREACH AND EDUCATION ACTIVITIES CONDUCTED BY
THE OFFICE PURSUANT TO THE REQUIREMENTS OF SECTION SIX HUNDRED NINETY-
NINE OF THIS ARTICLE AND THE NUMBER OF STUDENTS SERVED BY INSTITUTIONS
WHICH ARE CLOSING; AND
(B) A SUMMARY OF THE TOTAL SERVICE PROVIDED TO POST-SECONDARY EDUCA-
TION STUDENTS AND PROSPECTIVE STUDENTS, WITH RESPECT TO THE FOLLOWING:
(I) THE NUMBER OF STUDENTS OR PROSPECTIVE STUDENTS ASSISTED WITH
SUBMITTING FEDERAL LOAN FORGIVENESS CLAIMS, AND OF THE CLAIMS SUBMITTED,
THE NUMBER OF SUCH CLAIMS WHICH ARE PENDING, ON APPEAL, OR HAVE BEEN
APPROVED OR DENIED. FOR THE CLAIMS THAT HAVE BEEN APPROVED, THE OFFICE
SHALL REPORT THE ESTIMATED TOTAL AMOUNT IN STUDENT LOANS WHICH HAVE BEEN
CANCELLED OR FORGIVEN AND THE TOTAL AMOUNT OF FUNDS REFUNDED TO
STUDENTS;
(II) THE NUMBER OF STUDENTS ASSISTED WITH PRIVATE STUDENT LOAN RELIEF
AND A SUMMARY OF ASSISTANCE AND THE NUMBER OF RELIEF OUTCOMES OBTAINED;
AND
(III) THE NUMBER OF STUDENTS ASSISTED WITH OBTAINING INCOME-DEPENDENT
REPAYMENT PLANS ON SUCH STUDENTS' FEDERAL LOANS, AND OF THOSE STUDENTS
WHO HAVE BEEN ASSISTED, THE NUMBER OF STUDENTS ASSISTED WITH GAINING
RELIEF FROM DEFAULT OF SUCH FEDERAL LOANS THROUGH CONSOLIDATION OR REHA-
BILITATION.
2. THE OFFICE SHALL PROVIDE THE LEGISLATURE WITH A SUMMARIZED FINAL
REPORT CONSISTING OF A CONSOLIDATION OF THE REQUIRED ANNUAL REPORTS
PURSUANT TO THIS SECTION ANNUALLY, BY THE FIRST OF JANUARY.
§ 2. This act shall take effect immediately.