§ 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.