§ 6452 — Arthur O

§ 6452. Arthur O. Eve opportunity for higher education; state\nuniversity of New York and city university of New York. 1. To provide\nadditional educational opportunity at the state university of New York\nand the city university of New York, such institutions shall provide\nspecial programs for the screening, testing, counseling, and tutoring\nof, and assistance to, residents of the state who are, (1) graduates of\nan approved high school or individuals who have attained a New York\nstate high school equivalency diploma or its equivalent, as determined\nby the commissioner, (2) who have potential for the successful\ncompletion of a post secondary program, and (3) are economically and\neducationally disadvantaged.\n 2. Such universities shall each formulate a general plan for the\norganization, development, co-ordination and operation of such a program\nwithin the amounts made available therefor by law. Such a plan shall\ninclude:\n a. Definition of eligibility, provided, however, except for requiring\nresidence in the state or in the city of New York in the case of those\nprograms provided by the city university of New York, no such definition\nshall include either by its terms or in its application, any criteria or\nstandard which determines eligibility based in whole or in part upon the\ngeographical locality in which a student or prospective student resides,\n b. Procedures for the selection of students from among the eligibles,\n c. Description of the contents of such proposed program including\ncounseling, tutoring and skill development,\n d. Estimated costs,\n e. Objectives including co-ordination with the university's long range\nplan,\n f. Extent of other funds and resources to be utilized in support of\nthe program,\n g. Procedures for the evaluation of student progress, and\n h. Periodic reports.\n 3. The general plan shall be transmitted to the board of regents at\nsuch time as the regents shall by rule require. Such plan shall be\nreviewed by the regents and shall guide and determine the operation of\nsuch programs at such universities.\n 4. a. Moneys made available to such universities pursuant to this\nsection shall be spent only for the following purposes:\n (i) Special testing, counseling and guidance services in the course of\nscreening potential students,\n (ii) Remedial courses, developmental and compensatory courses and\nsummer classes for such students,\n (iii) Special tutoring, counseling and guidance services for enrolled\nstudents,\n (iv) Central services including evaluation and administrative costs,\n (v) Any necessary supplemental financial assistance, which may include\nthe cost of books and necessary maintenance for such students, including\nstudents without lawful immigration status provided that the student\nmeets the requirements set forth in subparagraph (ii) of paragraph a or\nsubparagraph (ii) of paragraph b of subdivision five of section six\nhundred sixty-one of this chapter, as applicable; provided, however,\nthat such supplemental financial assistance shall be furnished pursuant\nto criteria promulgated by such universities and approved by the regents\nand the director of the budget.\n b. No funds pursuant to this section shall be made available to\nsupport the regular academic programs of any institution participating\nin this program, nor shall funds be provided for programs which are\nincompatible with the regents plan for the expansion and development of\nhigher education in the state.\n 5. a. The trustees of the state university and board of higher\neducation in the city of New York shall each furnish to the regents, the\ndirector of the budget, the chairman of the senate finance committee and\nthe chairman of the assembly ways and means committee, at least\nannually, a report in such form, at such time and containing such\ninformation as the regents and the director of the budget may require,\nof the operations of such programs. The report shall include:\n (i) A statement of the objectives of the program at the institution,\n (ii) A description of the program,\n (iii) The budgetary expenditures for such program, separately stating\nacademic credit instructional costs, other instructional costs, tutoring\ncosts, remediation, counseling, supplemental financial assistance and\ncentral services, including evaluation and administrative costs,\n (iv) The extent of other funds and resources used in support of such\nprogram and their sources,\n (v) The progress of students,\n (vi) The extent and nature of the responsibility exercised over such\nprogram by such trustees and such board,\n (vii) The extent and nature of supervision and control exercised over\nsuch program by the administrative officials of the constituent\ninstitutions in such universities,\n (viii) A certification by such trustees and such board that the\nacademic committees of the constituent institutions of such universities\nand their faculty committees have reviewed and approved the academic\ncontent of the courses offered for academic credit in such program and\nthe amount of academic credit granted therefor and that the registration\nrequirements of the regents and the commissioner have been met where\napplicable.\n b. The regents shall review such report and forward the same, together\nwith their comments and recommendations to the governor and the\nlegislature, on or before December first next following the close of the\nstate's fiscal year.\n