N.Y. Education Law § 6451: Arthur O

§ 6451. Arthur O. Eve opportunity for higher education; non-public

institutions. 1. To advance the cause of educational opportunity in

higher education, the commissioner may contract with non-public

institutions of higher education for the support of special programs for

the screening, testing, counseling, tutoring of, and, assistance to,

residents of the state who are, (1) graduates of an approved high school

or individuals who have attained a New York state high school

equivalency diploma or its equivalent, as determined by the

commissioner, (2) who have potential for the successful completion of a

post secondary program, and (3) are economically and educationally

disadvantaged, as defined by the regents.

2. To qualify for state assistance through such contracts, an

institution of higher education must be a college or university

incorporated by the regents or by the legislature, or a school of

medicine, dentistry or osteopathy authorized by the regents to confer

the degree of doctor of medicine, doctor of medical science, doctor of

dental surgery or doctor of osteopathy and must maintain one or more

earned degree programs culminating in an associate or higher degree.

3. Moneys made available to institutions through contracts shall be

spent only for the following purposes:

a. Special testing, counseling and guidance services in the course of

screening potential enrollees;

b. Remedial courses, developmental or compensatory courses and summer

classes for such students;

c. Special tutoring, counseling and guidance services for such

enrolled students;

d. Any necessary supplemental financial assistance, which may include

the cost of books and necessary maintenance for such enrolled students,

including students without lawful immigration status provided that the

student meets the requirements set forth in subparagraph (ii) of

paragraph a or subparagraph (ii) of paragraph b of subdivision five of

section six hundred sixty-one of this chapter, as applicable; provided,

however, that such supplemental financial assistance shall be furnished

pursuant to criteria promulgated by the commissioner with the approval

of the director of the budget;

e. Partial reimbursement for tuition for regular academic courses

pursuant to criteria promulgated by the commissioner;

f. Student travel for academic activities or conferences;

g. Expenses related to helping students apply for and prepare for

graduate or professional school; and

h. The hiring of enrolled students participating in an Arthur O. Eve

opportunity for higher education work-study program.

4. The commissioner shall promulgate regulations requiring the

submission to him by any institution intending to contract with the

state for assistance pursuant to this section of reports in such form

and containing such information as he shall require, concerning, but not

limited to, such matters as a description of the proposed program,

estimated costs, objectives, the extent of the institution's support of

such program and similar programs and the progress of students in such

programs, and the commissioner shall take such factors into account in

determining whether to enter into a contract with such institution and

the terms and conditions thereof.

5. Contracts made pursuant to this section shall be subject to the

approval of the director of the budget.

6. The commissioner shall prepare an annual report of the activities

of the institutions which received state funds pursuant to this section

in the preceding fiscal year, concerning, but not limited to, the

effectiveness of each of the programs contracted for, the costs of the

programs and the future plans thereof and shall transmit such report to

the Governor and the legislature on or before the December first next

following the close of such fiscal year.