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DISCUSSION ITEM

 

 

 

 

 

SUMMARY OF THE JANUARY MEETING

OF THE BOARD OF REGENTS

OF

THE UNIVERSITY OF THE STATE OF NEW YORK

 

Held at the State Education Building

Albany, New York

 

January 8 and 9, 2007

 

David Johnson, Secretary

Board of Regents

 




THE BOARD OF REGENTS

 

            The Board of Regents of The University of the State of New York held public sessions on Monday, January 8 at 10:00 a.m. and Tuesday, January 9, 12:00 p.m. pursuant to a call duly sent to each Regent.

 


MEETING OF THE FULL BOARD, Monday, January 8, 10:00 a.m.


Board Members in Attendance:

 

Robert M. Bennett, Chancellor

Adelaide L. Sanford, Vice Chancellor

James C. Dawson

Geraldine D. Chapey

Arnold B. Gardner

Harry Phillips, 3rd

Joseph E. Bowman, Jr.

James R. Tallon, Jr.

John Brademas

Roger B. Tilles

Karen Brooks Hopkins

            Also present were the President of The University and Commissioner of Education, Richard P. Mills, Deputy Commissioner for Legal Affairs, Kathy A. Ahearn, and the Secretary, Board of Regents, David Johnson.   Regents Saul B. Cohen, Anthony S. Bottar, Merryl H. Tisch, Lorraine Cort�s-V�zquez and Milton L. Cofield were absent and excused.

 

            Chancellor Bennett called the meeting to order at 10:00 a.m.

 

 

ACTION ITEMS

 

Executive Session Motion

 

            MOVED, that the Board of Regents convene in Executive Session on Tuesday, January 9, at 8:00 a.m. for the purpose of discussing personnel matters.

 

            Motion by:                Vice Chancellor Adelaide L. Sanford

            Seconded by:         Regent James C. Dawson

            Action:                      Motion carried unanimously

 

 





 


 

Commissioner’s Report to the Board

 

            The Commissioner’s written monthly report focused on five subject areas the Board will vote upon or discuss during the monthly meeting:  Accountability and Capacity; Strategies to Raise Achievement for English Language Learners; NCLB Reauthorization; Renewing the 24-Month Policy Calendar; and, Family Partnership Policy.

 

            In discussion, Board members renewed the importance of having analytic data by program of Federal funds appropriated for education in New York and encouraged an invitation to meet with the Board be extended to Representative Dale E. Kildee, who will become chairman of the elementary/secondary education committee in the House of Representatives, taking the lead on the NCLB reauthorization process.

 


 


MEETING OF THE FULL BOARD, Tuesday, January 9, 12:00 p.m.

 


Board Members in Attendance:

 

Robert M. Bennett, Chancellor

Adelaide L. Sanford, Vice Chancellor

Saul B. Cohen

James C. Dawson

Anthony S. Bottar

Merryl H. Tisch

Geraldine D. Chapey

Harry Phillips, 3rd

Joseph E. Bowman, Jr.

James R. Tallon, Jr.

John Brademas

Karen Brooks Hopkins

 

            Also present were the President of The University and Commissioner of Education, Richard P. Mills, Deputy Commissioner for Legal Affairs, Kathy A. Ahearn, and the Secretary, Board of Regents, David Johnson.   Regents Arnold B. Gardner, Lorraine Cort�s-V�zquez, Milton L. Cofield and Roger B. Tilles were absent and excused.

 

            Chancellor Bennett called the meeting to order at 12:00 p.m.

 

 

 

 

 

ACTION ITEMS

 

BR (A) 1

 


MOVED,

that the Regents approve each application in accordance with the recommendations contained in the respective summaries.

 

            Motion by:                Regent Saul B. Cohen

            Seconded by:         Regent James C. Dawson


Action:                     

Motion carried unanimously

 

Summary of the December 2006 Meeting

BR (A) 2

 

            MOVED, that the
Summary of the December 2006 Meeting of the Board of Regents of The University of the State of New York be approved.

 


            Motion by:               

Regent Saul B. Cohen

            Seconded by:         Regent James C. Dawson


            Action:                     

Motion carried unanimously

 

Regents 2007 Federal Legislative Agenda: Federal Legislation and Education in New York State 2007

BR (A) 3

 


MOVED,

that the Board of Regents approve the Regents Federal Legislative Agenda, Federal Legislation and Education in New York State 2007.

 


Motion by:

                Regent John Brademas


Seconded by:

         Regent James R. Tallon, Jr.


Action:

                      Motion carried unanimously

 

Draft Pamphlet “Statement on the Governance Role of a Trustee

or Board Member”

BR (A) 4

 

            In November 2001, the Board of Regents and Commissioner of Education published a pamphlet, Statement on the Governance Role of a Trustee or Board Member, to assist trustees/board members in exercising their responsibilities.  All printed copies of the pamphlet have been distributed and Department staff reviewed and revised the document for consideration by the Subcommittee on Audits and final approval by the Board.



 

            The Subcommittee on Audits reviewed the draft pamphlet at its scheduled meeting and recommends three amendments in the language:

 

1)     First Amendment: Insert two new paragraphs at the beginning of the text and eliminate the original introductory paragraph.


 

The Board of Regents  has authority over all elementary, secondary and postsecondary educational institutions, both public and private, libraries, museums, historical societies and other educational institutions chartered by the Regents or the Legislature and admitted to the membership of The University of the State of New York (USNY) by the Regents.

 

Various provisions of the Education Law, Not-For-Profit Corporation Law and General Municipal Law impose legal duties, fiduciary responsibilities and fiscal requirements upon USNY institutions and the trustees/board members who run them.  As a trustee or board member, it is imperative that you understand and comply with applicable requirements.  Non-compliance can result in the Regents’ revocation of an institution’s charter, the removal of trustees/board members from office, or other appropriate remedies under law.


 

2)     Second Amendment: Amend first sentence under “What is the difference between provisional and absolute Charters”

 

Corporations formed for the principal purpose of operating a college, university, school conducting some of or the entire grades prekindergarten (including organizations with whom schools contract) through twelve, library, museum, historical society, public television and/or radio station or nursery school are created by the Board of Regents by issuance of an instrument called a charter, which set forth the powers of the corporation.

 

3)     Third Amendment: Appendix C is changed by adding the following after Nursery Schools and Kindergartens


 


Prekindergarten Programs -- Part 151 of the Commissioner’s Regulations


 


MOVED,

that the Board of Regents approve the revised pamphlet on the “Statement on the Governance Role of a Trustee or Board Member,” as submitted with the revisions recommended by the Subcommittee on Audits.

 


Motion by:

                Regent Joseph E. Bowman, Jr.


Seconded by:

         Regent Karen Brooks Hopkins


Action:

                      Motion carried unanimously

 




 

Draft Recommendations for the Reauthorization of the No Child Left Behind Act

BR (A) 5

 

            The No Child Left Behind Act (NCLB) of 2001 expires in 2007.  The Board reviewed a set of recommendations for the reauthorization of NCLB, following a review by each Regents Standing Committee.  The document has been revised to include a recommendation for additional appropriations under Early Reading First specifically for public and school libraries.

 


MOVED,

that the Board of Regents approve the recommendations for the reauthorization of the No Child Left Behind Act (NCLB) as submitted.

 


Motion by:

                Regent John Brademas


Seconded by:

         Regent Geraldine D. Chapey


Action:

                      Motion carried unanimously

 

State Education Department December 2006 Fiscal Report

BR (A) 6

 

            The Board received the December 2006 Fiscal Report for review and acceptance.  This monthly report reflects the end of the third quarter of the 2006-2007 State fiscal year.  Also included is a Variance Report that summarizes expenditure funding changes in the Office of Cultural Education.

 

            General fund and federal accounts are in structural balance.  It is anticipated the Office of Elementary, Middle, Secondary and Continuing Education (EMSC) will undertake additional priority activities over the coming years, and dependent on the extent of which activities are accomplished and expenses are incurred in the 2006-2007 federal fiscal year, the program will draw upon prior year balances to cover the costs which may create a structural imbalance.

 

Revenue accounts are in structural balance, allowing for normal reimbursement delays in the planned use of prior year balances.  After expending prior year funds, the Archives Partnership Trust (APT) will use sufficient revenue from the APT endowment, pursuant to Chapter 399 of the Laws of 1998, to maintain structural balance.

 


MOVED,

that the Board of Regents accept the December 2006 State Education Department Fiscal Report as presented.

 


Motion by:

                Regent James C. Dawson


Seconded by:

         Regent Harry Phillips, 3rd


Action:

                      Motion carried unanimously

 




 

Appointments to the Roosevelt Union Free School District

Interim Board of Education

BR (A) 7

 

            MOVED, that the Board of Regents approve the appointment of Heather M. Palmore to fill a vacancy on the Interim Board of Education of the Roosevelt Union Free School District and to serve the remainder of the unexpired term ending June 30, 2008.

 

            MOVED, that the Board of Regents approve the appointment of Bishop J. Raymond Mackey (resident of Roosevelt) to fill a vacancy on the Interim Board of Education of the Roosevelt Union Free School District and to serve the remainder of the unexpired term ending June 30, 2009.

 

            MOVED, that the Board of Regents approve the appointment of Gale Stevens Haynes to fill a vacancy on the Interim Board of Education of the Roosevelt Union Free School District and to serve the remainder of the unexpired term ending June 30, 2011.

 

            MOVED, that the Board of Regents approve the appointment of Gale Stevens Haynes as chair of the Interim Board of Education of the Roosevelt Union Free School District for the term January 9, 2007 to June 30, 2011.

 

            Motion by:                Regent Geraldine D. Chapey


Seconded by:

         Regent Joseph E. Bowman, Jr.


Action:

                      Motion carried unanimously

 

 


STANDING COMMITTEE REPORTS

 

            MOVED, that the reports from the Regents Standing Committees be approved as submitted, with the removal of EMSC-VESID (A) 1 related to behavioral interventions, including the use of aversive interventions, which will be voted upon separately.

 

            Motion by:                Regent Saul B. Cohen

            Seconded by:         Regent Joseph E. Bowman, Jr.

            Action:                      Motion carried unanimously

 

 

Proposed Amendment to the Regulations of the Commissioner of Education Relating to Behavioral Interventions, Including the Use of Aversive Interventions

EMSC-VESID (A) 1

 

           
Regent Harry Phillips, 3rd offered for consideration by the Board of Regents the following amendment to the revised proposed amendment to the Regulations of the Commissioner of Education relating to behavioral Interventions, including the use of aversive interventions.

 

           
MOVED,
that EMSC-VESID (A) 1 be amended to remove the provision in proposed section 200.22(e) that prohibits the use of aversive interventions after June 30, 2009 for all students whose IEPs did not include the use of aversive interventions as of such date, and EMSC-VESID (A) 1, as amended, be adopted as an emergency action effective January 16, 2007, upon a finding by the Board of Regents that such action is necessary for the preservation of public health and safety to minimize the risk of physical injury and/or emotional harm to students who are subject to aversive interventions that inflict pain or discomfort, by immediately establishing revised standards for the use of such interventions, made in response to public comment, that will ensure that such interventions are used only when absolutely necessary and under conditions of minimal intensity and duration to accomplish their purpose, and to otherwise ensure that the rule’s standards providing for the use of such interventions remain continuously in effect until the effective date of the rule’s adoption on a permanent basis.

 

           
Motion by:
                Regent Harry Phillips, 3rd

           
Seconded by:
         Regent Saul B. Cohen

           
Action:
                      Motion not carried

            Aye Votes:                 Regents Cohen, Dawson, Chapey, and Phillips

            Nay Votes:                 Chancellor Bennett, Vice Chancellor Sanford, Regents Bottar,

Tisch, Bowman, Tallon, Brademas, and Brooks Hopkins

 

            It is recommended that the Board of Regents take the following action:

 


MOVED,

that section 19.5 of the Rules of the Board of Regents be amended; that subdivision (r) of section 200.1 of the Regulations of the Commissioner be amended; that new subdivisions (lll) and (mmm) of section 200.1 of the Regulations of the Commissioner be added; that subparagraph (i) of paragraph (3) of subdivision (d) of section 200.4 of the Regulations of the Commissioner be amended; that subparagraph (i) of paragraph (2) and subparagraph (iv) of paragraph (3) of subdivision (a) of section 200.7 of the Regulations of the Commissioner be amended; that a new paragraph (8) of subdivision (b) and a new paragraph (6) of subdivision (c) be added to section 200.7 of the Regulations of the Commissioner; that a new section 200.22 be added to the Regulations of the Commissioner; and that subdivision (a) of section 201.2 of the Regulations of the Commissioner be amended, as submitted, effective January 16, 2007, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the public health and safety  to minimize the risk of physical injury and/or emotional harm to students who are subject to aversive interventions that inflict pain or discomfort, by immediately establishing revised standards for the use of such interventions, made in response to public comment, that will ensure such interventions are used only when absolutely necessary and under conditions of minimal intensity and duration to accomplish their purpose, and to otherwise ensure that the rule's standards providing for the use of such interventions remain continuously in effect until the effective date of the rule's adoption on a permanent basis.

 

            MOVED, that section 19.5 of the Rules of the Board of Regents be amended; that subdivision (r) of section 200.1 of the Regulations of the Commissioner be amended; that new subdivisions (lll) and (mmm) of section 200.1 of the Regulations of the Commissioner be added; that subparagraph (i) of paragraph (3) of subdivision (d) of section 200.4 of the Regulations of the Commissioner be amended; that subparagraph (i) of paragraph (2) and subparagraph (iv) of paragraph (3) of subdivision (a) of section 200.7 of the Regulations of the Commissioner be amended; that a new paragraph (8) of subdivision (b) and a new paragraph (6) of subdivision (c) be added to section 200.7 of the Regulations of the Commissioner; that a new section 200.22 be added to the Regulations of the Commissioner; and that subdivision (a) of section 201.2 of the Regulations of the Commissioner be amended, as submitted, effective January 31, 2007.

 

           
Motion by:
                Regent Saul B. Cohen

           
Seconded by:
         Regent James C. Dawson

           
Action:
                      Motion carried unanimously

 

 

 


REGENTS SUBCOMMITTEE ON AUDITS

 

The Regents Subcommittee on Audits met on January 8.
 
The agenda included three items.

 

The first item on the agenda was a review of a revised Statement on The Governance Role of a Trustee or Board Member.  This document was originally issued in 2001. In response to input from members of the Board of Regents, a team of Department staff convened to update the document.  Staff from all of the Deputy areas participated in reviewing the document and provided changes.  Although the document remains a user–friendly pamphlet, additional information has been added in the areas of conflict of interest and internal controls.  In addition, more web links have been included.  The Subcommittee voted to send the report to the full Board of Regents for approval with the stipulation that the introduction be modified to include a statement more specifically identifying the Board of Regents authority for oversight of the actions of USNY Boards. In addition, the Statement will be modified to specifically identify Pre-Kindergarten in the text.    

 

Staff presented the Subcommittee with a summary describing the various types of audits that are typically presented to the members.  Audits from the Office of Audit Services and the Office of the State Comptroller are routinely presented.  In addition, the Subcommittee receives audit reports issued by the United States Department of Education as well as the New York State Federal Single Audit which is issued by a Certified Public Accounting Firm under contract with the Division of Budget.  Most audit organizations follow standard practice in preparing audit reports.  However, the release of the report can vary, with some audit organizations utilizing a press release to accompany the final audit report.

 

Finally, the Subcommittee was presented with 30 audit reports.  Two were issued by the Department’s Office of Audit Services and 28 by the Office of the State Comptroller.  Two of the audits were of Department activities including a follow-up on the administration of certain special education programs and an examination of the Department’s Use of Technology in Professional Licensing.

 

The remaining audits focused on school districts and a BOCES.  One of the recurring observations in the reports was that some districts paid employees in excess of amounts established by contract or district guidelines.  The payments may have been in the form of separation payments, payments for unused leave accruals, or overtime in excess of district guidelines.  Another recurring observation in the reports was poor controls over capital assets.  The poor controls identified were a lack of policy and procedures, a lack of current inventory records, or a lack of periodic physical inspection.  A third recurring observation in the report was weaknesses in the claims processing function.

 

The list of all of the audits presented to us is detailed below.     

 


Office of Audit Services

Ramapo Central School District

Tompkins-Seneca-Tioga BOCES

 


Office of the State Comptroller

State Education Department, NYC Department of Education Administration of Payments for Preschool-Related Services and Special Education Itinerant Teachers (Follow-up Report) 2006-F-18

New York State Education Use of Technology for Professional Licensing and Renewal Report 2006-S-22

 

Scotia-Glenville Central School District

Gowanda Central School District

Cairo-Durham Central School District

Greater Johnstown School District

Chazy Central Rural School District

Beekmantown Central School District

Oswego City School District

Candor Central School District

LeRoy Central School District

Clyde-Savannah Central School District

Owego Apalachin Central School District

Roslyn Union Free School District

Broadalbin-Perth Central School District

Canajoharie Central School District

Cincinnatus Central School District

Corinth Central School District

Coxsackie-Athens Central School District

Inlet Common School District

Laurens Central School District

Wells Central School District

Mount Vernon City School District

Yonkers City School District

Voorheesville Central School District

Hinsdale Central School District

Evans-Brant Central School District

 

 


REGENTS COMMITTEE ON HIGHER EDUCATION


AND PROFESSIONAL PRACTICE

 

            Your Higher Education and Professional Practice Committee held its scheduled meeting on January 9, 2007.   All Committee members were present, except Regent Milton L. Cofield, who was excused.

 

ACTION ITEMS

 


Professional Discipline Cases

 

            Your Committee recommends that the reports of the Regents Review Committees, including rulings, findings of fact, determinations as to guilt, and recommendations, by unanimous or majority vote, contained in those reports which have been distributed to you, be accepted in 11 cases.  In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 55 consent order applications and 6 surrender applications be granted.

 

            These recommendations are made following the review of 72 cases involving 13 licensed practical nurses, 13 registered professional nurses, seven certified public accountants, four licensed practical nurses who are also registered professional nurses, five pharmacists, four architects, four dentists, four veterinarians, three chiropractors, one certified public accountant professional corporation, one licensed clinical social worker, one licensed practical nurse who is also a registered professional nurse who is also a nurse practitioner, one massage therapist, one pharmacy, one physical therapist, one registered professional nurse who is also a nurse practitioner, and one respiratory therapist.

 


Restoration Petitions

 


           

Voted, that the Board of Regents deny the
application for restoration of licensure of William Joseph Hicks, physician, and reaffirm its prior September 2005 determination to deny the application; and to append to the written vote and order the reasons for its determination in order to address the concerns of the court that previously remanded the matter to the Board of Regents for its further consideration. [HE & PP EXS (A) 4]

 


Approvals

 

Your Committee recommends that the Board of Regents approve the recommendations of the Committee on the Professions regarding Licensing Petitions.  [HE&PP (CA) 1]

 

Your Committee recommends that the Board of Regents approve the appointment and reappointments of members to the State Boards for the Professions.  [HE&PP (CA) 2]

 

Your Committee recommends that the Board of Regents authorize the State University of New York Board of Trustees to confer the Bachelor of Fine Arts (B.F.A.) degree on duly qualified students successfully completing registered B.F.A. programs at the State University College at Cortland.  [HE&PP (CA) 3]

 

Your Committee recommends that the Board of Regents add a new section 29.17 to the Rules of the Board of Regents and add a new section 77.9 to the Regulations of the Commissioner of Education, relating to the practice of physical therapy without a referral.  [HE&PP (CA) 4]

 

            Your Committee recommends that the Board of Regents amend the master plan of Davis College to authorize the College to offer a Bachelor of Religious Education (B.R.E.) degree program in Organizational Leadership.  [HE&PP (CA) 5]

 

Your Committee recommends that the Board of Regents amend Subparts 79-13, 79-14 and 79-15 of the Regulations of the Commissioner of Education relating to licensure as a clinical laboratory technologist and as a cytotechnologist and certification as a clinical laboratory technician.  [HE&PP (CA) 6]

 

MOTION FOR ACTION BY FULL BOARD

 

            Mr. Chancellor and Colleagues:  Your Higher Education and Professional Practice Committee recommends, and I move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on January 9, 2007, copies of which have been distributed to each Regent.

 

MATTERS NOT REQUIRING BOARD ACTION

 

            Your Committee discussed several topics of interest, including:

 

        
Proposed amendment to regulations relating to continuing education requirements for optometrists certified to use therapeutic pharmaceutical agents.  The effective date of the proposed amendment is April 12, 2007.  [HE&PP (D) 1]

 

       
Highlights of the Results of the Board of Regents Leadership in Higher Education, Teaching, and the Licensed Professions in 2006 and Look Ahead to 2007.   The Committee discussed the report which highlights Regents leadership on policies and initiatives to:

 

        
ensure high standards of quality in higher education,

        
address persistent teacher shortages,

        
strengthen public protection and our ability to ensure the integrity of the licensed professions, and

        
carry out each of the thirteen priorities in the Statewide Plan for Higher Education.  [HE&PP (D) 2]

 

  • Report on Progress for Meeting Federal Teacher Quality Goals.  The Committee heard a presentation and discussed progress that has been made that ensures all students are taught by highly qualified teachers and what additional initiatives are planned to address the issue.  The report showed that in 2005-06, 94.5 percent of public school classes in core academic subjects in New York State were taught by highly qualified teachers, compared to 92.1 percent on 2004-05.  The greatest remaining gap in the State in 2005-06 was the 15.2 percentage point gap between high poverty and low poverty middle/secondary schools.  [HE&PP (D) 3]

 

       
Draft Recommendations for the Reauthorization of the No Child Left Behind Act.  The Committee heard a presentation and provided feedback on recommendations for amendments to the federal No Child Left Behind Act (NCLB), which is due for reauthorization in 2007.  These recommendations were developed by an internal work group consisting of representatives from all program areas.   The Committee made changes in the recommendations concerning highly qualified teachers.  These changes are reflected in the final item voted on by the full Board today.  [BR (A) 5]

 

 


REGENTS COMMITTEE ON ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION – VOCATIONAL AND EDUCATIONAL SERVICES FOR INDIVIDUALS WITH DISABILITIES


 

            Your EMSC-VESID Committee held its scheduled meeting on January 8, 2007.  All members were present.

 

ACTION ITEMS


 


Charter Schools

 

        Your Committee recommends that the Board of Regents approve the renewal charters for the following schools: Bronx Charter School for the Arts, New York City (first renewal); Global Concepts Charter School, Lackawanna (first renewal); Harriet Tubman Charter School, New York City (second renewal); and Southside Academy Charter School, Syracuse (first renewal).  [EMSC-VESID (CA) 3]

 

The vote was 7 yes and 1 abstention (Regent Cort�s-V�zquez).  The following statement relating to the reasons for the recommendations was added to the approved item:  The renewal of the charters will allow these charter schools to (1) meet the requirements set out in Article 56 of the Education Law and all other applicable laws, rules, and regulations; (2) to operate in an educationally and fiscally sound manner; and (3) to improve student learning and achievement and materially further the purposes set out in subdivision two of section twenty-eight hundred fifty of Article 56 of the Education Law.

 

       
Your Committee recommends that the Board of Regents approve the second revision to the initial charter of the Niagara Charter School, and any amendment to its provisional charter that is necessary.  [EMSC-VESID (CA) 4]


 

The vote was 7 yes and 1 abstention (Regent Cort�s -V�zquez). 


 


Regulations

 

       
Your Committee recommends that section 19.5 of the Rules of the Board of Regents be amended; that subdivision (r) of section 200.1 of the Regulations of the Commissioner be amended; that new subdivisions (lll) and (mmm) of section 200.1 of the Regulations of the Commissioner be added; that subparagraph (i) of paragraph (3) of subdivision (d) of section 200.4 of the Regulations of the Commissioner be amended; that subparagraph (i) of paragraph (2) and subparagraph (iv) of paragraph (3) of subdivision (a) of section 200.7 of the Regulations of the Commissioner be amended; that a new paragraph (8) of subdivision (b) and a new paragraph (6) of subdivision (c) be added to section 200.7 of the Regulations of the Commissioner; that a new section 200.22 be added to the Regulations of the Commissioner; and that subdivision (a) of section 201.2 of the Regulations of the Commissioner be amended, as submitted, effective January 16, 2007, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the public health and safety  to minimize the risk of physical injury and/or emotional harm to students who are subject to aversive interventions that inflict pain or discomfort, by immediately establishing revised standards for the use of such interventions, made in response to public comment, that will ensure such interventions are used only when absolutely necessary and under conditions of minimal intensity and duration to accomplish their purpose, and to otherwise ensure that the rule's standards providing for the use of such interventions remain continuously in effect until the effective date of the rule's adoption on a permanent basis.  [EMSC-VESID (A) 1]

 

The vote was 7 yes and 1 abstention (Regent Cort�s-V�zquez).   Kathy Ahearn will share with Board members a copy of the latest version of a preliminary injunction relating to litigation.

 

       
Your Committee recommends that section 19.5 of the Rules of the Board of Regents be amended; that subdivision (r) of section 200.1 of the Regulations of the Commissioner be amended; that new subdivisions (lll) and (mmm) of section 200.1 of the Regulations of the Commissioner be added; that subparagraph (i) of paragraph (3) of subdivision (d) of section 200.4 of the Regulations of the Commissioner be amended; that subparagraph (i) of paragraph (2) and subparagraph (iv) of paragraph (3) of subdivision (a) of section 200.7 of the Regulations of the Commissioner be amended; that a new paragraph (8) of subdivision (b) and a new paragraph (6) of subdivision (c) be added to section 200.7 of the Regulations of the Commissioner; that a new section 200.22 be added to the Regulations of the Commissioner; and that subdivision (a) of section 201.2 of the Regulations of the Commissioner be amended, as submitted, effective January 31, 2007.  [EMSC-VESID (A) 1]

 

The vote was 7 yes and 1 abstention (Regent Cort�s-V�zquez). 

 

       
Your Committee recommends that subdivisions (d) and (j) of section 247.14 of the Regulations of the Commissioner of Education relating to the rates set for college study for individuals with disabilities participating in vocational rehabilitation services be amended and section 247.18 of such Regulations be added, as submitted, effective February 1, 2007.  [EMSC-VESID (CA) 2]

 

The vote was 7 yes and 1 abstention (Regent Cort�s-V�zquez). 




Petition to Exceed Debt Limit

 

       
Your Committee recommends that the Board of Regents give consent to the issuance of bonds and/or bond anticipation notes by the Board of Education of the Elmira City School District in an amount not to exceed $94,459,318 for school building additions and reconstruction and the issuance of such bonds and/or bond anticipation notes in excess of the constitutional debt limit of said school district.  [EMSC-VESID (CA) 1]

 

The vote was 7 yes and 1 abstention (Regent Cort�s-V�zquez). 


 


Policy Issue

 

       
Your Committee recommends that the Board of Regents direct Department staff to proceed with the plan to seek input from an external advisory committee on what is and is not working with its academic intervention services policy, and to report to the Board on the work of that committee and on policy issues requiring further consideration.  [EMSC-VESID (A) 2]

 

The vote was 7 yes and 1 abstention (Regent Cort�s-V�zquez).  The Committee asked for information on data staff has collected concerning the types of AIS services that are being provided to students and their effectiveness in improving student performance.

 

MOTION FOR ACTION BY FULL BOARD

 

            Mr. Chancellor and Members of the Board:  Your EMSC-VESID Committee recommends, and I move, that the Board of Regents act affirmatively upon each of the recommendations set forth in the written report of the deliberations of the Committee at its meeting on January 8, 2007, copies of which have been distributed to each Regent.

 

MATTERS NOT REQUIRING BOARD ACTION

 

Strategies to improve the performance of LEP/ELL students [EMSC-VESID (D) 1]

 

The Committee asked for: clarification on what it means to reach proficiency on the NYSESLAT test; staff to look further into an opt out of services provision for English language learners that pass the English language arts test; additional data on achievement, exiting and years of bilingual/ESL services by home language groups; the third powerpoint slide to be expanded to include years of bilingual/ESL services received and exit data; information on the linkage between GED and ESL classes for parents of English language learners and the levels of proficiency set for English language learners on the NYSESLAT test; and an analysis of the placement of English language learners in smaller schools being established in New York City.

 

Public comment on the Regents proposed Parent and Family Partnerships Policy Statement [EMSC-VESID (D) 2]

 

The Committee directed staff to revise the proposed policy statement to reflect public comment and to submit a final draft for approval in February 2007.  The Committee also discussed the impact of the New York City governance legislation on parent involvement, resources and staff capacity for implementing the Parent and Family Partnerships Policy, the need for increased opportunities for the Board to engage in dialogue with parents, the linkage of parent involvement to county-based collaborations on health and mental health services, and the need to increase opportunities to involve cultural institutions.

 

Draft recommendations for the reauthorization of the No Child Left Behind Act [BR (A) 5 Revised]

 

It was the sense of the Committee that the document is on the right track and directed staff to prepare plain language guidance for Congress that also provides specific details on how to accomplish the recommendations for change and presents the context for the Regents priorities.  In addition, staff was directed to make the document widely available to constituency groups and the public.  Committee members provided comments concerning the addition to rather than replacement for the growth models for state accountability systems, the 2013-14 target for all students to be proficient, multiple counting of students for different accountability purposes, and reporting on bands of scores rather than on percentage scores for each district.

 

Regents 24-Month Calendar [BR (D) 1]

 

            Due to time constraints, this item will be carried over to the next month’s agenda.

 

 


REGENTS COMMITTEE ON CULTURAL EDUCATION

                                                                                                                                           

Regent James C. Dawson, Chair of the Cultural Education Committee, submitted the following written report:

 

Your Committee on Cultural Education had its scheduled meeting on January 9, 2007.  Regents Dawson, Cohen, Phillips, Gardner, Brademas, Brooks Hopkins, Bowman, Chapey, and Tilles were in attendance.

 

ITEMS FOR DISCUSSION

 


�Report from the Deputy


 

Acting Deputy Commissioner Chris Ward presented the following updates to your Committee.


 


Update on OCE Deputy search


 

Eight candidates have been selected for interviews.  Six interviews have been completed with the final two scheduled for later today.  The Interview Team plans to send top candidates forward to Commissioner.

 


Update on Cultural Education Trust Board Appointments


 

The Chancellor serves as the Chair.  Regent Brooks Hopkins, and John Egan have been appointed.  The Governor’s appointment will be made by Governor Spitzer.  There is no word from the Speaker.  We now have a quorum and will hold a meeting to approve the use of funds for the contract to begin planning Museum renewal at the February Regents meeting.

 


Update on Museum Renewal and New Facility


 

o    

Renewal

– The Gallagher contract for planning and design of exhibits has been approved, and the kickoff for work is January 12.  

o    

New Facility –

Land selection and purchase is being handled by OGS, and the process has been initiated.   OGS is accepting proposals and will analyze them with us.  We will need approval from the CE Trust Board to spend once we have a piece of land selected, know the cost, and are ready to purchase. 

o    
Planning for new facility – We are working with the architects who did the feasibility study to determine the cost of a facility that will accommodate our highest priorities (history, ethnology, anthropology collections).  This should be in the vicinity of $50 million, which is the amount that DOB is willing to allow for the first phase of a building program.  Staff is working on plans for preparation of collections to move to the new facility and costs associated with that.


 


CE activities during Inaugural events

 

The Museum was open on January 1.  Staff of the Museum, Library and Archives initiated and collaborated on an exhibit, “Running for Governor,” which features campaign and inaugural memorabilia from 1777-2007.  Included are materials from the Winnewisser Collections recently purchased by the Museum and Library and other items from collections.  The Archives provided three foundation documents – the 1777 New York State Constitution, an engrossed copy of the 1787 US Constitution, and the Journal of the Poughkeepsie Convention of 1788 – for a display at the Executive Mansion on January 1 and other showings. 

 


Governor Spitzer and His  Family Visited the Museum on January 3

 

They plan to return and visit the Archives and the Library.

 


NCLB: Partnerships with PBS and Libraries to Promote Early Literacy and School Readiness. 

Chris Ward, Liz Hood and Carol Desch presented to your Committee recommendations of partnerships with libraries and public broadcasting relating to provisions of NCLB to promote early literacy and school readiness.   Ready to Learn from Public Broadcasting and early literacy programs in public libraries deliver training that teaches adult caregivers how to deepen and expand children’s learning and ensure school readiness.  PBS TeacherLine provides online courses for teachers in math, language arts, science, and technology integration.  The proposal is to allow public libraries and public broadcasting to be partners in delivering parent/caregiver training, to authorize additional appropriations under Early Reading First specifically for public and school libraries, and to allow use of products from Ready to Teach grants as an acceptable use of federal funds for LEAs. 

 


Saturday Hours for Library and Archives:

  Loretta Ebert and Kathleen Roe presented to your Committee that the Research Library and the Archives provide some weekend hours for public access, beginning with an initial pilot of Saturday hours.  Historically, both institutions served New York State Government and current policy dictates they are open for onsite use Monday through Friday from 9 a.m. to 5 p.m.  This does not support teachers, students, business people, professionals, and many scholars.   Information from other State Archives and the Association of Research Libraries shows that the NYSL is at the bottom of those providing hours for public access.  The pilot is based on this evidence as well as public demand and is in the spirit of P-16 and the new Governor’s intent to ensure that government serves the people.

 


Review of 24-month Calendar:

Regent Dawson addressed the effort to identify CE issues and topics that relate to P-16.  Your Committee discussed quantifying the impact of CE programs on education as one topic to add to the agenda.

 


Statement of Governance Role of a Trustee or Board Member:

Regent Dawson discussed the role of the Regents as Trustees of the Archives, Library, and Museum.  Input was discussed regarding the Audit Committee Report.

 


Discussion of Agenda Items:

  Director of the New York Public Library Research Libraries, David Ferriero, addressed the benefit of adding Sunday hours and the opportunity to serve library users unable to access the library during weekly hours.

 

Your Committee discussed the need to make the services of the Library available to customers and asked for a more fleshed-out plan for the February meeting.

 

Your Committee discussed the importance of advocating for reappropriation of key programs, including the Library Services and Technology Act, and agreed to address this topic further.

 

 

REGENTS COMMITTEE ON POLICY INTEGRATION AND INNOVATION

 

Regent Saul B. Cohen, Chair of the Committee on Policy Integration and Innovation, presented on behalf of the Committee the following written report.

 

Your Committee held its scheduled meeting on January 9, 2007.  Chancellor Bennett, Vice Chancellor Sanford, and Regents Dawson, Bottar, Tisch, Chapey, Bowman and Tallon were present.  Regents Phillips, Brademas, and Brooks Hopkins also attended.  Commissioner Mills was present. 

 

 

            Your Chair asked Committee members to review the 2006 edition of the 24-Month Calendar, as a basis for submitting additional suggestions for Committee agenda items for new 2007-08 edition of the policy calendar.  Suggestions should be received by the Chair no later than Wednesday.


 

Your Committee received the semi-annual report on the diversity of the State Education Department workforce.  While the report demonstrates progress overall, there are still areas of concern.  These include:

 

       
Major Department-sponsored events are not attracting a sufficiently diverse group of participants. 

       
The Board needs to examine the issue of diversity across the larger USNY community and develop strategies that will attract young people of diverse backgrounds to careers in education and the licensed professions.  Included in this examination should be:

        
An analysis of the data that are available on P-16 student enrollments and the USNY workforce;

        
A review of strategies that can – and do – work (such as student internships, fellowships, targeted recruitment efforts, and dedicated funding streams); and

        
Benchmarking other states’ efforts.

The Board should be mindful that diversity is not just a matter of race/ethnicity and gender, but also includes having people with a variety of perspectives, cultures and means of expression.

                             

 

Appendix I

NEW YORK STATE BOARD OF REGENTS CHARTER ACTION

 

 

CULTURAL EDUCATION

 

ABSOLUTE CHARTER

 

SALISBURY HISTORICAL SOCIETY

Salisbury, Herkimer County

 

A provisional charter was granted to this corporation by action of the Board of Regents on January 19, 1982 to disseminate and encourage a greater knowledge of the history of New York, particularly the town of Salisbury.  Such provisional charter was extended by Regents action on January 22, 1986, November 15, 1990, and September 20, 1996.    The board of trustees has applied for an absolute charter.  The Office of Cultural Education recommends that the provisional charter be made absolute.

 


AMENDMENT OF CHARTERS


 

DEPOSIT FREE LIBRARY

Deposit, Broome County

 

An absolute charter in the first instance was granted to this corporation by action of the Board of Regents on June 13, 1929 to operate an association library. The board of trustees has applied for an amendment to the absolute charter to designate the service area to be the Deposit Central School District, to designate the Commissioner of Education as agent of the corporation upon whom process in any action or proceeding against it may be served, and to add the language necessary to maintain tax-exempt status under Internal Revenue Code �501(c)(3).   The Office of Cultural Education recommends that the absolute charter be amended accordingly.

 

THE FIELD LIBRARY

Peekskill, Westchester County

 

This corporation was incorporated under Chapter 128 of the Laws of 1887 on April 11, 1887 to operate an association library.  The board of trustees has applied for an amendment to the absolute charter to change the number of trustees from 13 to a range of not less than 9 nor more than 11, to designate the Commissioner of Education as agent of the corporation upon whom process in any action or proceeding against it may be served, and to add the language necessary to maintain tax-exempt status under Internal Revenue Code �501(c)(3).   The Office of Cultural Education recommends that the absolute charter be amended accordingly.

 

 

 

 


PROVISIONAL CHARTERS


 

THE ACW ARTILLERY ASSOCIATION

Rochester, Monroe County

 

The board of trustees has petitioned the Board of Regents to form a corporation to   promote interest, knowledge, and understanding of the American Civil War with a particular emphasis on the artillery of that period; to own, hold, gather, preserve, display and make available for study artifacts, relics, books, manuscripts, papers, photographs, and other records and materials relating to Civil War Artillery in particular and the Civil War in general; to publish historical material in newsletters, pamphlets and books; to provide an educational resource through a permanent display and a traveling display of artifacts, photographs and other materials and through lectures to schools, historical groups, civic groups and others interested in learning more about this period in American history.  The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

 

FOTO PLUS SYNTHESIS

New York City, New York County

 

The board of trustees has petitioned the Board of Regents to form a corporation to establish and maintain a museum of photography; to collect, arrange, create and maintain photographs and objects and artifacts related to photography; to arrange, create, maintain, coordinate and promote appropriate exhibitions, publications and educational programs developed around the perspective of the photographs image; and to promote and support research and scholarship, issue publications in all formats and organize activities, programs and events for the public.  The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

 

LONG ISLAND NATIVE AMERICAN INDIAN ALLIANCE

Oyster Bay, Nassau County

 

The board of trustees has petitioned the Board of Regents to form a corporation to promote history and original historical research; to disseminate and encourage a greater knowledge of Native American Indian history and cultural heritage throughout the State of New York, and particularly the Long Island area; to gather, collect, own, hold, preserve, display and make available for study appropriate historical artifacts, books, manuscripts, papers, photographs, and other records and materials; to encourage the suitable marking of places of historic interest; to acquire by purchase, gift, devise or otherwise the title to or the custody and control of historical sites, structures, and open vacant land to preserve and maintain such sites, structures and land; to bring together various people interested in history and encourage public interest in history, sponsor exhibits, and issue publications in any format; to encourage other ethnic groups including African American and other cultures with Native American Indian lineage to learn about their heritage through genealogy and other pertinent research; to cooperate with county and State officials and historical organizations to collect, preserve and display materials of countywide and Statewide significance.  The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

 

PRO MARTIAL ARTS HALL OF FAME AND MUSEUM

Niagara Falls, Niagara County

 

The board of trustees has petitioned the Board of Regents to form a corporation to establish and maintain a history museum and hall of fame of martial arts; to collect, own, hold, maintain, preserve and make available appropriate  historical objects and artifacts; to arrange, create, maintain and promote appropriate historical exhibits and displays; to establish and maintain a  historical research and reference center; to promote and support historical research and scholarship, issue publications in any format, and organize historical and cultural activities, programs and events for the public.  The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.


 


DISSOLUTION OF CHARTER

 

HURLEY LIBRARY

Hurley, Ulster County

 

A provisional charter was granted to this corporation by action of the Board of Regents on December 18, 1959 to operate an association library. Such provisional charter was extended by Regents action on October 29, 1965 and was made absolute on September 19, 1974.  Such absolute charter was amended by Regents action on March 26, 1993.  The board of trustees has petitioned the Board of Regents for the dissolution of the charter as the corporation is no longer in operation and all taxes payable by the corporation have been paid.  The trustees request Regents approval of the transfer of the library assets of Hurley Library to the Hurley Library District, which was incorporated by action of the Board of Regents under a provisional charter on September 13, 2002 to serve the residents of the newly created library district.  The Office of Cultural Education recommends that the absolute charter of the Hurley Library be dissolved and that its library property be transferred to the Hurley Library District.

 


CERTIFICATES OF INCORPORATION

 

DEEPWELLS FARM HISTORICAL SOCIETY

St. James, Suffolk County

 

The board of trustees has petitioned the Board of Regents to form a corporation with members to support the conservation and preservation of the natural and historic environment of the 1845 Deepwells Farm Historic Estate (“Deepwells”), administered by the Suffolk County Office of Parks, Recreation, & Historic Preservation, and The Suffolk County Historic Trust; to help manage, operate and maintain the art and history museum at Deepwells, keeping it open to the public, and promoting history and original historical research; to preserve, restore and maintain historic buildings, structures, fixtures, collections and exhibits at Deepwells; to carry on other related activities, in support of Deepwells, and for the benefit of the local community and general public; to help develop innovative historic and cultural programs at Deepwells for the public, and publishing educational materials in support thereto; to engage in fund-raising activities in furtherance of the foregoing purposes at Deepwells; to receive gifts, in kind, on behalf of Suffolk County and The Suffolk County Historic Trust, for addition to the museum’s collections at Deepwells, but without taking title thereto, being incorporated as an historical society without collections.   The Office of Cultural Education recommends that a certificate of incorporation
be issued.


 

ROCHESTER HISTORY CENTER

Rochester, Monroe County

 

The board of trustees has petitioned the Board of Regents to form a corporation to serve as a unique resource organization committed to meeting the needs of all those organizations and individuals who are engaged in some facet of collecting, preserving, and/or interpreting the history of the City of Rochester and the surrounding County of Monroe; to store the history of the community and interpret it to the public through a wide range of educational exhibitions, programs, and activities; to offer a “gateway” orientation center for visitors and newcomers and a locus for cultural activity; to develop shared collection management services, storage, historical reference and research center management services, business and development services, and, in general, create an economy of operation through sharing a single facility solely dedicated to preserving and interpreting the community’s history; to lease or acquire an appropriate facility, to be known as Rochester History Center, that will provide affordable and shared climate-controlled storage for collections; exhibition space; classrooms; auditorium; historical reference and research center space; administrative offices; and all other functional needs that meet current professional standards for the preservation and interpretation of objects, artifacts, books, manuscripts, and all other materials that reflect the community’s history; to retain shared professional staff to administer the facility; to generate philanthropic activity and solicit contributions, grants, and donations; sponsor fund-raising activities and special events; operate a gift shop; and generate community awareness for the importance of contributing towards the preservation and interpretation of the community’s history; the Corporation will not own or hold collections in connection herewith.  The Office of Cultural Education recommends that certificate of incorporation be issued.

 

SUGAR LOAF HISTORICAL SOCIETY

Sugar Loaf, Orange County

 

The board of trustees has petitioned the Board of Regents to form a corporation to 
promote original research in history and natural history; to disseminate and encourage a greater knowledge of the history and natural history of the State of New York and particularly the hamlet of Sugar Loaf, County of Orange, and surrounding area; to encourage the suitable marking of places of historic interest; to acquire by purchase, gift, devise, or otherwise the title to or the custody and control of historic and natural history sites and structures, and preserve and maintain such sites and structures; to bring together those people interested in history and natural history, encourage public interest in history, sponsor historical meetings, programs and events, sponsor exhibits, and issue publications in any format; to refer to other appropriate museums or historical societies the donation or ownership of any artifacts; to cooperate with Chester Historical Society and Historical Society of the Town of Warwick in projects and activities of mutual interest; to cooperate with county and State officials and historical organizations to help them collect and preserve materials of countywide and Statewide significance. The corporation is not authorized to operate or maintain a museum, or to own or hold collections in connection therewith. 
The Office of Cultural Education recommends that a certificate of incorporation be issued.

 

 


ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

 

ABSOLUTE CHARTER

 

SOLOMON SCHECHTER SCHOOL OF MANHATTAN

New York City, New York County

 

A provisional charter was granted to this corporation under the corporate name “Solomon Schechter Elementary School of Manhattan” by action of the Board of Regents on September 20, 1996 to operate a kindergarten, and a grades one through six elementary school.  Such provisional charter was amended by Regents action on February 11, 2003 to change the corporate name toSolomon Schechter School of Manhattan” and to also add authority for the corporation to operate grades seven and eight and, as so amended, extended.  Such provisional charter was consolidated by Regents action July 21, 2005 withFriends of Solomon Schechter, Inc. anot-for-profit corporation; such order of consolidation was amended by Regents action on December 9, 2005.  The board of trustees has applied for an absolute charter.  The Office of Nonpublic School Services recommends that the provisional charter be made absolute.

 

AMENDMENT OF CHARTERS

 

MOTHER TERESA ACADEMY

Clifton Park, Saratoga County

 

A provisional charter was granted to this corporation by action of the Board of Regents on May 17, 2005 to operate a pre-kindergarten, kindergarten and grades one through five school.  The board of trustees has applied for an amendment to the provisional charter to change the corporate address and location to 10 Plank Road, Clifton Park, New York 12065, to delete authority for the corporation to operate a grade one through five elementary school and to add authority to operate day care centers in Saratoga County.   The Office of Nonpublic School Services recommends that the provisional charter be amended accordingly.

 




 

PARKSIDE NURSERY SCHOOL AND KINDERGARTEN, INC.

New York, Bronx County

 

A provisional charter was granted to this corporation by action of the Board of Regents on July 16, 1948 to organize, maintain establish and conduct a private nursery school and kindergarten.  Such provisional charter was made absolute by Regents action on July 31, 1953.  The board of trustees has applied for an amendment to the absolute charter to change the corporate name to “Eden Christian Academy and Early Childhood Centre Inc.” and to also add authority for the corporation to operate day care centers for children three months to five years of age.  The Office of Nonpublic School Services recommends that the absolute charter be amended accordingly.


 

THE STONE CIRCLE SCHOOL

Ithaca, Tompkins County

 

A provisional charter was granted to this corporation by action of the Board of Regents on March 25, 2003 to operate a grade one through six elementary school.  Such provisional charter was consolidated by Regents action on July 21, 2005 with The Stone Circle Collective, Inc. a not-for-profit corporation.  Such provisional charter was amended to authorize the corporation to also operate a kindergarten and, as so amended, extended by Regents action on December 9, 2005.  The board of trustees has applied for an amendment to the provisional charter to add authority for the corporation to also operate a nursery school for preschool children from three to five years of age.  The Office of Nonpublic School Services recommends that the absolute charter be amended accordingly.

 


EXTENSION OF CHARTERS


 

ALTERNATIVE SCHOOL FOR MATH AND SCIENCE

Corning, Steuben County

 

A provisional charter was granted to this corporation by action of the Board of Regents on December 12, 2003 to operate a grade six through twelve school.  The board of trustees has petitioned for an extension of the provisional charter.  The Office of Nonpublic School Services recommends that the provisional charter be extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

 

ASCENT: A SCHOOL FOR INDIVIDUALS WITH AUTISM

Smithtown, Suffolk County

 

A provisional charter was granted to this corporation by action of the Board of Regents on February 3, 1999 to operate a center-based preschool, a kindergarten, and a grade one through twelve school for children with autism and atypical pervasive developmental disorders. The provisional charter was extended by Regents action on April 24, 2001 and amended by Regents action on July 18, 2002.  The board of trustees has petitioned for an extension of the provisional charter. 
The Office of Vocational and Educational Services for Individuals with Disabilities (VESID) has been provided with an opportunity to review this action and the trustees have been advised that the granting of any extension thereof does not constitute approval for State funding for programs and services under the jurisdiction of VESID.
The Office of Nonpublic School Services recommends that the provisional charter be extended for a period of five years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

 

CHILDREN AT PLAY EARLY INTERVENTION CENTER

Staten Island, Richmond County

 

A provisional charter was granted to this corporation by action of the Board of Regents on January 12, 2004 to operate and maintain special education and ancillary educational programs and services to pre-school and school-age children with disabilities.  The board of trustees has petitioned for an extension of the provisional charter.
The Office of Vocational and Educational Services for Individuals with Disabilities (VESID) has been provided with an opportunity to review this action and the trustees have been advised that the granting of any extension thereof does not constitute approval for State funding for programs and services under the jurisdiction of VESID.
The Office of Nonpublic School Services recommends that the provisional charter be extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

 

KULANU TORAH ACADEMY

Ronkonkoma, Suffolk County

 

A provisional charter was granted to this corporation by action of the Board of Regents on June 17, 2003 to operate a kindergarten through grades twelve school for children ages five through twenty-one with disabilities.  Such provisional charter was consolidated by Regents action July 21, 2005 with the Jewish Coalition for Special Services, Inc. a Not-For-Profit corporation.  The board of trustees has petitioned for an extension of the provisional charter.
The Office of Vocational and Educational Services for Individuals with Disabilities (VESID) has been provided with an opportunity to review this action and the trustees have been advised that the granting of any extension thereof does not constitute approval for State funding for programs and services under the jurisdiction of VESID.
 The Office of Nonpublic School Services recommends that the provisional charter be extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

 




 


PROVISIONAL CHARTERS

 

PINNACLE ORGANIZATION

Mexico, Oswego County

 

The board of trustees has petitioned the Board of Regents to form a corporation to establish, maintain and operate a preschool for children from three to five years of age with and without disabilities.  The Office of Vocational and Educational Services for Individuals with Disabilities (VESID) has been provided with an opportunity to review this action and the trustees have been advised that the granting of a provisional charter does not constitute approval for State funding for programs and services under the jurisdiction of VESID.  The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.

 

PROVIDENCE CHRISTIAN SCHOOL

Pulaski, Oswego County

 

The board of trustees has petitioned the Board of Regents to form a corporation to establish, maintain and operate a kindergarten for five year olds and a grade one through eight elementary school.  The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.

 

DISSOLUTION OF CHARTER

                                                           

DOWNTOWN SCHOOL

New York City
, New York
County

 

A provisional charter was granted to this corporation by action of the Board of Regents under the corporate name “New Life School” on April 23, 2002 to operate a grades six through twelve school. Such provisional charter was amended by Regents action on September 13, 2002 to change the corporate name to “Downtown School” and extended by Regents action June 17, 2003. The board of trustees has petitioned the Board of Regents for the dissolution of the charter because the school could not find a facility to operate the school and the school never opened.  All taxes payable by the corporation have been paid.  There are no assets.  There are no student records.  The Office of Nonpublic School Services recommends that the provisional charter of the Downtown School be dissolved.

 


A
PPLICATION FOR REGENTS CONSENT TO FILE A CERTIFICATE OF ASSUMED NAME


 

THE ELAINE KAUFMAN CULTURAL CENTER/LUCY MOSES SCHOOL FOR MUSIC AND DANCE

New York City
, New York
County

 

A provisional charter was granted to this corporation under the corporate name “Hebrew Arts School for Music and Dance” by action of the Board of Regents on August 24, 1962 to operate a school for instruction in music and dance.  Such provisional charter was made absolute by Regents action on April 28, 1967 and amended on May 24, 1979 to change the corporate name to “The Hebrew Arts School.”  Such absolute charter was amended by Regents action on February 21, 1991 to change the corporate name to “The Elaine Kaufman Cultural Center/Lucy Moses School for Music and Dance.” The board of trustees has requested that the Board of Regents consent to the filing of  certificates of assumed name pursuant to General Business Law130to authorize the corporation to use the assumed names “Lucy Moses School,” “Special Music School,” “Merkin Concert Hall”, and “Kaufman Center.”  The Office of Nonpublic School Services recommends that the consent of the Board of Regents to the filing of such certificates of assumed name be granted.

 


 

HIGHER AND PROFESSIONAL EDUCATION

 

AMENDMENT OF CHARTER


 

NASSAU ACADEMY OF DENTISTRY

Rockville Centre, Nassau County

 

A provisional charter was granted to this corporation under the corporate name “The  Nassau-Suffolk Academy of Dentistry” by action of the Board of Regents on June 25, 1965 to establish, conduct, operate and maintain an academy of dentistry to provide educational opportunities and training of post-graduate nature for members of the dental profession in the Tenth Judicial District of State of New York
.  Such provisional charter was made absolute by Regents action on May 28, 1971 and amended on January 17, 1984 to change the corporate name to “Nassau Academy of Dentistry.” 
The board of trustees has applied for an amendment to the absolute charter to change the corporate address to 377 Oak Street, Suite 204, Garden City, New York, 11530. The Office of Professions recommends that the absolute charter be amended accordingly.

 

Appendix II

REGENTS ACTIONS IN 72 PROFESSIONAL DISCIPLINE CASES

 

January 8-9, 2007

 

            The Board of Regents announced disciplinary actions resulting in the revocation of 5 licenses, surrender of 6 licenses, and 61 other disciplinary actions.  The penalty indicated for each case relates solely to the misconduct set forth in that particular case.

 

 


Architecture

 


            Mark Powell;

55 Forest Avenue, Massapequa, NY 11758; Lic. No. 022307; Cal. No. 21767; Found guilty of professional misconduct; Penalty: Revocation, $10,000 fine.

 


Chiropractic

 


            Michael D. Ferguson;

751 Pre-Emption Road, Geneva, NY 14456; Lic. No. 009437; Cal. No. 23098; Application to surrender license granted.  Summary:Licensee admitted to charges of willfully physically abusing two patients.

 


Dentistry

 

            Steve Vyacheslav Yunatanov;
8383  118th Street, Kew Gardens, NY 11415; Lic. No. 044486; Cal. No. 22142;
Found guilty of professional misconduct; Penalty:
Revocation.

 

            Sanford Leonard Mendelsohn; 52 Woods Lane, Boynton Beach, FL 33436; Lic. No. 027648; Cal. No. 23050; Application to surrender license granted.  Summary:Licensee did not contest charges of failure to maintain records accurately reflecting the evaluation and treatment of two patients.

 


Nursing

 

            Doreen Arias;
Licensed Practical Nurse; 83 Stevens Street, Oceanside, NY 11572; Lic. No. 223722; Cal. No. 22665;
Found guilty of professional misconduct; Penalty:
Revocation.

 

           
Nicole Lee Taylor a/k/a Nicole Lee Stevens;
Licensed Practical Nurse; 100 Carman Avenue, East Meadow, NY 11554; Lic. No. 233304; Cal. No. 22820;
Found guilty of professional misconduct; Penalty:
Revocation.

 

            Vickie J. Hotaling;
Licensed Practical Nurse; 131 Pearl Street, Schuylerville, NY 12871; Lic. No. 232304; Cal. No. 23068;
Application to surrender license granted.  Summary:
Licensee admitted to charges of having been convicted of Criminal Diversion of Prescription Medications and having violated Article 33 of the Public Health Law.

 


Pharmacy

 

            Ramses N. Costandi; 51 Colony Road, Riverdale, RI 02915-1446; Lic. No. 032417; Cal. No. 23135; Application to surrender license granted.  Summary:Licensee admitted to the charge of having been convicted of Theft of Property and Assets of a Health Care Benefit Program, a felony.

 


Public Accountancy

 

            Saul M. Freitas a/k/a Saul Freitas;
Certified Public Accountant; 363 Rich Avenue, Mt. Vernon, NY 10552; Lic. No. 059243; Cal. No. 22201;
Found guilty of professional misconduct; Penalty:
Revocation, $10,000 fine.

 


            Peter D. Cohen

;Certified Public Accountant; 40 Moore Road, Marlboro, NJ 07746; Lic. No. 045196; Cal. No. 22751; Application to surrender license granted.  Summary:Licensee admitted to charges of having been convicted of Conspiracy to Commit Wire Fraud and Tax Evasion.

 


            Gary D. Herwitz

;Certified Public Accountant; 15 Richmond Hill, Irvington, NY 10533; Lic. No. 039873; Cal. No. 23024; Application to surrender license granted.  Summary:Licensee admitted to the charge of having been convicted of Securities Fraud.

 

 


II. OTHER REGENTS DISCIPLINARY ACTIONS

 


Architecture

 


            Ira J. Benlevi;

188-75  85th Road, Holliswood, NY 11423; Lic. No. 014183; Cal. No. 22830; Found guilty of professional misconduct; Penalty: 1 year suspension, execution of last 6 months of suspension stayed.

 

            Salvatore Marco Marrese; 93 Nepperan Road, Tarrytown, NY 10591; Lic. No. 024861; Cal. No. 22942; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $5,000 fine.

 

            Holly Lizabeth Schulz-Amatruda; 543 Hoyt Street, Darien, CT 06820-2016; Lic. No. 027281; Cal. No. 23035; Application for consent order granted; Penalty agreed upon: 1 year actual suspension, 2 years probation to commence upon return to practice in State of New York.

 





 



Chiropractic

 


            Craig R. Wehrenberg;

1673 Route 9, Clifton Park, NY 12065; Lic. No. 006719; Cal. No. 22741; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $3,500 fine.

 

            Stephen R. Hoody; 122 Fulton Street, New York, NY 10038; Lic. No. 004154; Cal. No. 23015; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $10,000 fine.

 


Dentistry

 


            Alexander Lebel;

1912 Avenue U, Brooklyn, NY 11229-3906; Lic. No. 045645; Cal. No. 22669; Application for consent order granted; Penalty agreed upon: 1 year actual suspension effective March 1, 2007, 2 years probation, $2,500 fine.

 

            William H. Connors; 442 Warren Street, Hudson, NY 12534-2415; Lic. No. 033280; Cal. No. 23051; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,000 fine.

 


Massage Therapy

 


            Arleen J. Sokol;

28 Tern Court, Bay Shore, NY 11706-7529; Lic. No. 015072; Cal. No. 22796; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $1,000 fine.

 


Nursing

 


            Molonne Cantave;

Licensed Practical Nurse; 59 Lincoln Boulevard, East Moriches, NY 11940; Lic. No. 161399; Cal. No. 19416; Found guilty of professional misconduct; Penalty: 24 month suspension, execution of last 12 months of suspension stayed, $2,500 fine.

 

            Geraldine S. Fagen-Koven; Registered Professional Nurse; P.O. Box 7540, Sarasota, FL 34278; Lic. No. 178465; Cal. No. 22580; Application for consent order granted; Penalty agreed upon: 2 year actual suspension with leave to apply for a stay of execution of any unserved portion of actual suspension upon successful completion of certain coursework – upon service of actual suspension or upon stay of execution of any unserved portion of actual suspension 2 years probation to commence if and when return to practice in State of New York.

 

            Susan Kreuzer; Registered Professional Nurse; 9127 Waterman Road, Angola, NY 14006; Lic. No. 553344; Cal. No. 22675; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

 

            Rosario Toranzo; Registered Professional Nurse; P.O. Box 387, New Hampton, NY 10958; Lic. No. 325802; Cal. No. 22701; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for not less than one month and until fit to practice – upon termination of actual suspension 2 years probation to commence if and when return to practice.

 

            Michael Delape; Licensed Practical Nurse; 450 Wading River Road, Manorville, NY 11949; Lic. No. 227642; Cal. No. 22703; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation.

 


            Denise J. Henderson;

Licensed Practical Nurse; 36 Oriole Road, Levittown, NY  11756; Lic. No. 099961; Cal. No. 22755; Found guilty of professional misconduct; Penalty: 24 month suspension, execution of last 12 months of suspension stayed, probation 24 months.

 

            Rafael H. Vasquez; Licensed Practical Nurse; 200 West 106th Street, New York, NY 10025; Lic. No. 242166; Cal. No. 22874; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $250 fine.

 

            Ida G. Mari; Registered Professional Nurse; 89-56 Moline Street, Bellerose, NY 11427; Lic. No. 413344; Cal. No. 22882; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 24 months probation, $500 fine.

 

            Dorothy Paula Adler a/k/a Dorothy Adler; Registered Professional Nurse, Nurse Practitioner; 106 Church Street, Pleasantville, NY 10570; Lic. No. 335454, Cert. No. 420210; Cal. Nos. 22892, 22893; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, 1 year probation.

 

            Renee Delores Carlyle; Licensed Practical Nurse; 306 East 98th Street, Brooklyn, NY 11212; Lic. No. 080184; Cal. No. 22911; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $250 fine.

 

            Kathleen Louise Falcone a/k/a Anderson-Farrell; Licensed Practical Nurse, Registered Professional Nurse; 3108 South Park Avenue, Lackawanna, NY 14218; Lic. Nos. 250835, 493508; Cal. Nos. 22919, 22918; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice – upon termination of actual suspension 2 years probation to commence upon return to practice, $500 fine to be paid within 6 months.

 

            Lorraine M. Walker; Registered Professional Nurse; 102 Edward Street, Schenectady, NY 12304; Lic. No. 471591; Cal. No. 22931; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

 

            Joy Lynn Mitchell; Licensed Practical Nurse, Registered Professional Nurse; 566 Marietta Avenue, Thornwood, NY 10594; Lic. Nos. 229097, 474486; Cal. Nos. 22945, 22944; Application for consent order granted; Penalty agreed upon: 24 month stayed suspension, 24 months probation, $1,000 fine.

 

            Cora S. Waite; Licensed Practical Nurse, Registered Professional Nurse; 9283 South Street Road, LeRoy, NY 14482; Lic. Nos. 113788, 372883; Cal. Nos. 22953, 22952; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 9 month stayed suspension, 1 year probation to commence if and when return to practice, $500 fine to be paid within 6 months.

 

            Hubert Delroy Hamilton; Registered Professional Nurse; 1153 East 224th Street, Bronx, NY 10466; Lic. No. 369716; Cal. No. 22957; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

 

            Robin Ann Wunsch; Registered Professional Nurse; 23 East Kissimee Road, Lindenhurst, NY 11757-6816; Lic. No. 552155; Cal. No. 22969; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation.

 

            Lynette Agnes Gritten a/k/a Lynette Agnes McCurchin; Licensed Practical Nurse, Registered Professional Nurse; 1583 North Gardiner Drive, Bay Shore, NY 11706; Lic. Nos. 201719, 415906; Cal. Nos. 22971, 22972; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $1,000 fine, 50 hours public service.

 

            Cynthia A. Amidon; Registered Professional Nurse; 9838 Hinnant Edderton Road, Kenly, NC 27542; Lic. No. 402168; Cal. No. 22981; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation to commence upon return to practice in State of New York, $500 fine to be paid within 6 months.

 

            Alicia A. Grice; Licensed Practical Nurse, Registered Professional Nurse, Nurse Practitioner; 12 Nidzyn Avenue, P.O. Box 743, Remsenburg, NY 11960-0743; Lic. Nos. 129095, 308429, Cert. No. 301026; Cal. Nos. 22988, 22989, 22990; Application for consent order granted; Penalty agreed upon: 2 year actual suspension with leave to apply for a stay of execution of any unserved portion of actual suspension upon successful completion of certain course – upon service of actual suspension or upon stay of execution of any unserved portion of actual suspension 2 years probation to commence upon return to practice.

 

            Michael McDermott; Registered Professional Nurse; 65 Montgomery Avenue, Downsville, NY 13755; Lic. No. 530877; Cal. No. 22993; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for not less than 6 months and until fit to practice – upon termination of actual suspension 2 years probation, $1,500 fine.

 

            Barbara Smoot; Licensed Practical Nurse; 59 Bradford Street, Albany, NY 12206; Lic. No. 095640; Cal. No. 23007; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 11 month stayed suspension, 1 year probation, $250 fine.

 

            George Davidson; Licensed Practical Nurse; 1349  57th Street, Brooklyn, NY 11219; Lic. No. 260381; Cal. No. 23009; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for not less than 6 months and until fit to practice – upon termination of actual suspension 2 years probation if and when return to practice.

 

            David James Wait; Registered Professional Nurse; P.O. Box 93, Collins, NY 14034; Lic. No. 479352; Cal. No. 23017; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $1,000 fine.

 

            Brenda Ann Connors; Licensed Practical Nurse; One 112th Street, Troy, NY 12182; Lic. No. 270914; Cal. No. 23033; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $250 fine.

 

            Joheka Amenzie DeCastro; Licensed Practical Nurse; 22 Gidney Avenue, Marlboro, NY 12550; Lic. No. 262189; Cal. No. 23036; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $250 fine.

 

            Cheryl Ostrowski; Licensed Practical Nurse; 27 Sunnyside Avenue, Bemus Point, NY 14712-9320; Lic. No. 205477; Cal. No. 23039; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice – upon termination of actual suspension 2 years probation to commence upon return to practice, $250 fine.

 

            Kathleen Guzzo; Registered Professional Nurse; 40 White Plains Avenue, Staten Island, NY 10305-3498; Lic. No. 337152; Cal. No. 23064; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

 

            Ellen J. Cowieson; Registered Professional Nurse; 2503 Riverview Drive, Green Island, NY 12183; Lic. No. 441958; Cal. No. 23096; Application for consent order granted; Penalty agreed upon: 2 month actual suspension, 10 month stayed suspension, 12 months probation to commence upon return to practice.

 

            Ann M. Wilcox; Registered Professional Nurse; 1302 Phelps Road, Corfu, NY 14036-9746; Lic. No. 543596; Cal. No. 23109; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

 


Pharmacy

 

            Cynthia B. Beagan; 152 Weeks Drive, Dix Hills, NY 11746-6216; Lic. No. 044053; Cal. No. 21975; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 11 month stayed suspension, 1 year probation, $2,500 fine.

 

            Cynthia Lynn Jones; 214 Christopher Lane, Ithaca, NY 14850-1715; Lic. No. 039769; Cal. No. 22519; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation, $1,000 fine.

 

            Genovese Drug Stores, Inc.; Retail Pharmacy; 403 William Floyd Parkway, Shirley, NY 11967; Reg. No. 015547; Cal. No. 22877; Application for consent order granted; Penalty agreed upon: $7,500 fine, 1 year probation.

 

            Mirza Naseer Ahmad; 105 Cherry Hill Road, Syracuse, NY 13214; Lic. No. 031442; Cal. No. 22916; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation to commence if and when return to practice, $1,000 fine to be paid within 6 months.

 

            Patrick Alan Nicol; 1605 Culver Road, Rochester, NY 14609; Lic. No. 049856; Cal. No. 22973; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice – upon termination of actual suspension 3 years probation to commence if and when return to practice, $5,000 fine to be paid within 12 months.

 


Physical Therapy

 


            Renee M. Pinyan;

Physical Therapist; 70 Jack and Jill Road, Poughquag, NY 12570; Lic. No. 013532; Cal. No. 23004; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $2,500 fine.

 


Public Accountancy

 


            Yasar Javed Bokhari;

Certified Public Accountant; 69‑11 Yellowstone Boulevard, Forest Hills, NY 11375; Lic. No. 087840; Cal. No. 22673; Found guilty of professional misconduct; Penalty: 5 year suspension, execution of last 4 years of suspension stayed, probation 5 years.

 

            James Joseph Hager; Certified Public Accountant; 2 Astor Place, Williston Park, NY 11596; Lic. No. 054551; Cal. No. 22815; Found guilty of professional misconduct; Penalty: Indefinite suspension until fit to practice as set forth in Regents Review Committee report – upon termination of suspension probation 2 years, 100 hours public service.

 

            Edward B. Morris; Certified Public Accountant; 440 East 79th Street, New York, NY 10021-1451; Lic. No. 034117; Cal. No. 22902; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $5,000 fine.

 

            Goldstein & Morris, CPAs, P.C.; 36 West 44th Street, New York, NY 10036; Cal. No. 22903; Application for consent order granted; Penalty agreed upon: 2 years probation, $5,000 fine.

 

            Robert Fixler; Certified Public Accountant; 135 Springfield Road, Elizabeth, NJ 07208-1323; Lic. No. 062856; Cal. No. 22948; Application for consent order granted; Penalty agreed upon: Partial actual suspension in certain area for not less than 1 year and until successful completion of certain course of retraining, upon termination of partial actual suspension 1 year probation, $8,000 fine.

 


Respiratory Therapy

 


            Brooke Harvey Milligan;

Respiratory Therapist; 50 Wagon Lane, East Centereach, NY 11720; Lic. No. 003926; Cal. No. 23032; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 24 months probation.

 


Social Work

 


            William M. Ballen;

Licensed Clinical Social Worker; 6 Crab Apple Court, Monsey, NY 10952; Lic. No. 020393; Cal. No. 23025; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,000 fine.

 


Veterinary Medicine

 


            Rodwell Rillen;

2426 Laconia Avenue, Bronx, NY 10469; Lic. No. 008880; Cal. No. 22268; Found guilty of professional misconduct; Penalty: 12 month suspension, execution of last 11 months of suspension stayed, probation 12 months.

 

            Eugene L. Johannes; P.O. Box F, Almond, NY 14804-0506; Lic. No. 002335; Cal. No. 22883; Application for consent order granted; Penalty agreed upon: 2 month actual suspension, 22 month stayed suspension, 2 years probation, $500 fine.

 

            James Anthony Lombard; 179 Ovid Street, Seneca Falls, NY 13148; Lic. No. 008101; Cal. No. 22926; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,000 fine.

 

            Mary Abarno; 2959 County Highway 8, Country Club Road, Oneonta, NY 13820; Lic. No. 005611; Cal. No. 22933; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $2,000 fine.