N.Y. Education Law § 6452: Arthur O

§ 6452. Arthur O. Eve opportunity for higher education; state

university of New York and city university of New York. 1. To provide

additional educational opportunity at the state university of New York

and the city university of New York, such institutions shall provide

special programs for the screening, testing, counseling, and 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.

2. Such universities shall each formulate a general plan for the

organization, development, co-ordination and operation of such a program

within the amounts made available therefor by law. Such a plan shall

include:

a. Definition of eligibility, provided, however, except for requiring

residence in the state or in the city of New York in the case of those

programs provided by the city university of New York, no such definition

shall include either by its terms or in its application, any criteria or

standard which determines eligibility based in whole or in part upon the

geographical locality in which a student or prospective student resides,

b. Procedures for the selection of students from among the eligibles,

c. Description of the contents of such proposed program including

counseling, tutoring and skill development,

d. Estimated costs,

e. Objectives including co-ordination with the university's long range

plan,

f. Extent of other funds and resources to be utilized in support of

the program,

g. Procedures for the evaluation of student progress, and

h. Periodic reports.

3. The general plan shall be transmitted to the board of regents at

such time as the regents shall by rule require. Such plan shall be

reviewed by the regents and shall guide and determine the operation of

such programs at such universities.

4. a. Moneys made available to such universities pursuant to this

section shall be spent only for the following purposes:

(i) Special testing, counseling and guidance services in the course of

screening potential students,

(ii) Remedial courses, developmental and compensatory courses and

summer classes for such students,

(iii) Special tutoring, counseling and guidance services for enrolled

students,

(iv) Central services including evaluation and administrative costs,

(v) Any necessary supplemental financial assistance, which may include

the cost of books and necessary maintenance for such 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 such universities and approved by the regents

and the director of the budget.

b. No funds pursuant to this section shall be made available to

support the regular academic programs of any institution participating

in this program, nor shall funds be provided for programs which are

incompatible with the regents plan for the expansion and development of

higher education in the state.

5. a. The trustees of the state university and board of higher

education in the city of New York shall each furnish to the regents, the

director of the budget, the chairman of the senate finance committee and

the chairman of the assembly ways and means committee, at least

annually, a report in such form, at such time and containing such

information as the regents and the director of the budget may require,

of the operations of such programs. The report shall include:

(i) A statement of the objectives of the program at the institution,

(ii) A description of the program,

(iii) The budgetary expenditures for such program, separately stating

academic credit instructional costs, other instructional costs, tutoring

costs, remediation, counseling, supplemental financial assistance and

central services, including evaluation and administrative costs,

(iv) The extent of other funds and resources used in support of such

program and their sources,

(v) The progress of students,

(vi) The extent and nature of the responsibility exercised over such

program by such trustees and such board,

(vii) The extent and nature of supervision and control exercised over

such program by the administrative officials of the constituent

institutions in such universities,

(viii) A certification by such trustees and such board that the

academic committees of the constituent institutions of such universities

and their faculty committees have reviewed and approved the academic

content of the courses offered for academic credit in such program and

the amount of academic credit granted therefor and that the registration

requirements of the regents and the commissioner have been met where

applicable.

b. The regents shall review such report and forward the same, together

with their comments and recommendations to the governor and the

legislature, on or before December first next following the close of the

state's fiscal year.