Section 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;
  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 of education.
    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.