§ 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.