SUMMARY OF THE FEBRUARY MEETING

OF THE BOARD OF REGENTS

OF

THE UNIVERSITY OF THE STATE OF NEW YORK

 

Held at the State Education Building
Albany, New York

 

February 7 and 8, 2005

 

David Johnson, Secretary
Board of Regents

 

THE BOARD OF REGENTS

 

          The Board of Regents of The University of the State of New York held two public sessions on Monday, February 7 at 10:00 a.m. and Tuesday, February 8 at 9:15 a.m. pursuant to a call duly sent to each Regent.

 

MEETING OF THE FULL BOARD, Monday, February 7, 10:00 a.m.

 

Board Members in Attendance:

 

Robert M. Bennett, Chancellor
Adelaide L. Sanford, Vice Chancellor
Diane McGivern
Saul B. Cohen
James C. Dawson
Anthony S. Bottar
Merryl H. Tisch
Geraldine D. Chapey
Arnold B. Gardner
Joseph E. Bowman, Jr.
James R. Tallon, Jr.
Milton L. Cofield
John Brademas

 

          Also present were the President of The University and Commissioner of Education, Richard P. Mills, Chief of Staff and Counsel and Deputy Commissioner for Legal Affairs, Kathy A. Ahearn, and the Secretary, Board of Regents, David Johnson.  Regents Harry Phillips, 3rd and Lorraine Cortés-Vázquez were absent and excused.

 

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

 

 ACTION ITEMS

 

Summary of the January 2005 Meeting
BR (A) 2

 

          MOVED, that the Summary of the January 2005 Meeting of the Board of Regents of The University of the State of New York be approved.

 

          Motion by:            Regent Joseph E. Bowman, Jr.
          Seconded by:       Regent James C. Dawson
          Action:                  Motion carried unanimously

 

 

State Education Department January 2005 Fiscal Report
BR (A) 6

 

          The Board received the January 2005 Fiscal Report for review and acceptance.

 

          General fund accounts are in structural balance with the exception of the tenured teacher and GED programs for which the Department has requested deficiency appropriations.  Federal accounts are in structural balance.  All revenue accounts are in balance, allowing for normal reimbursement delays and the planned use of prior year balances.  Also included is a January 2005 Variance Report expressing necessary adjustments entering the final quarter of the State fiscal year.

 

          MOVED,  that the Board of Regents accept the January 2005 State Education Department Fiscal Report as presented.

 

          Motion by:            Regent James R. Tallon, Jr.
          Seconded by:       Regent Joseph E. Bowman, Jr.
          Action:                  Motion carried unanimously

  

DISCUSSION ITEMS

 

Commissioner’s Report to the Board

 

          The Commissioner’s written monthly report focused on seven subject areas: Sound Assessments Benefit Children; USNY Can Help Close the Achievement Gap; Middle Schools Must Change; Statewide Plan for Higher Education; Ready for Work; The Executive Budget is Not Sufficient; and Work of the Quality Committee.

 

          In discussion, Board members commented and raised issues related to the calculation of dropout rates and need for uniform criteria by all in producing the calculations, greater public dissemination of minority high school graduation rates, an ongoing reporting of the President’s proposed budget on New York State education programs, and the development of a greater understanding and consideration of the unique factors in learning for students of African ancestry.

 

Work Readiness Credential
BR (D) 1

 

          The New York State Workforce Investment Board (SWIB) has been working with parallel boards in New Jersey, Florida and Washington State to pilot and implement a voluntary, national work readiness credential.  Members of SWIB presented the Board with an overview of the proposed credential and its implementation in New York State.

 

          In discussion, Board members seeking additional information or clarity asked for an identification of the jobs that would require a credential, how are required skills to be assessed, how will the credential be integrated with a high school diploma, and why doesn’t the high school diploma signify readiness for work.

 

          SWIB leaders responded by reaffirming support for the high school diploma as the minimum credential, with the work readiness credential as an endorsement to the diploma.

 

          Discussions will be ongoing as the concept continues to develop in future SWIB meetings.

 


MEETING OF THE FULL BOARD, Tuesday, February 8, 9:15 a.m.

 

Board Members in Attendance:

 

Robert M. Bennett, Chancellor
Adelaide L. Sanford, Vice Chancellor
Saul B. Cohen
James C. Dawson
Merryl H. Tisch
Geraldine D. Chapey
Arnold B. Gardner
Joseph E. Bowman, Jr.
Lorraine Cortés-Vázquez
James R. Tallon, Jr.
Milton L. Cofield
John Brademas

 

          Also present were the President of The University and Commissioner of Education, Richard P. Mills, Chief of Staff and Counsel and Deputy Commissioner for Legal Affairs, Kathy A. Ahearn, and the Secretary, Board of Regents, David Johnson.  Regents Diane McGivern, Anthony S. Bottar and Harry Phillips, 3rd were absent and excused.

 

          Chancellor Bennett called the meeting to order at 9:15 a.m.

  

ACTION ITEMS

 

Heckscher Museum Petition for Exception to Regents Rule
BR (A) 3

 

          This item was withdrawn from consideration.  The Executive Committee of the Heckscher Museum of Art’s Board of Trustees withdrew the Museum’s Petition to the Regents for an exception ruling to Board of Regents Rule 3.27(f).

 

Strategy to Implement the Regents Policy Statement on Middle-Level Education
BR (A) 4
EMSC-VESID (A) 1

 

          The Board reviewed for action the proposed strategy to implement the Regents Policy Statement on Middle-Level Education.  The proposed strategy includes three models, in response to the expressed concerns of the educational community for local flexibility, that target both positive youth development and the improvement of student performance.  The goal of this strategy is to ensure students are prepared to make the transition to ninth grade, academically and personally.

 

          MOVED, that the Board of Regents approve the strategy to implement the Regents Policy Statement on Middle-Level Education and direct staff to proceed with developing the appropriate amendments to the Regulations of the Commissioner and with initiating the activities the Department has identified to support school districts and their schools with middle grades in implementation of the strategy.

 

          Motion by:          Regent James R. Tallon, Jr.
          Seconded by:     Regent Joseph E. Bowman, Jr.
          Action:                Motion carried unanimously

  

Regents Strategic Plan
BR (A) 5

 

          The Quality Committee reviewed the draft strategic plan and recommended three revisions for inclusion in the document submitted to the Full Board for action.  These revisions are:

 

·       Add performance measures related to participation rates for students with disabilities in State assessments and trends in the declassification rates for students with disabilities;

·       Add key strategy under Goal 1: focus Department oversight on districts where outcomes indicate the greatest need for improvement for students with disabilities and English language learners; and

·       Revise key strategy # 2 under Goal 6: enhance workforce planning and opportunities for staff rotations so that the Department is prepared for the future.

 

          MOVED, that the Board of Regents approve the 2005 edition of the Regents Strategic Plan with the revisions recommended by the Quality Committee.

 

          Motion by:          Regent Saul B. Cohen
          Seconded by:     Regent Milton L. Cofield
          Action:                Motion carried unanimously

 

 

STANDING COMMITTEE REPORTS

 

          MOVED, that the Board of Regents approve the charter actions relating to Cultural Education  [BR (A) 1].

         

          Motion by:            Regent James C. Dawson
          Seconded by:       Regent Joseph E. Bowman, Jr.
          Action:                  Motion carried unanimously

 

          MOVED, that the reports from the Regents Standing Committees be approved as submitted.

 

          Motion by:            Regent James C. Dawson
          Seconded by:       Regent Arnold B. Gardner
          Action:                  Motion carried unanimously

 

 

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 February 7, 2005.  All members were present.

 

ACTION ITEMS

 

Charter Applications

 

·       Your Committee recommends approval of the charter applications relating to elementary, middle, secondary and continuing education.  [BR (A) 1]

 

Charter Schools

 

·       Your Committee recommends that the proposed charter for the Albany Preparatory Charter School be returned to the Trustees of the State University of New York for reconsideration.  [EMSC-VESID (A) 3]

 

·       Your Committee recommends that the proposed charter for the Hellenic Classical Charter School, New York City CSD 15, be approved.  [EMSC-VESID (A) 3]

 

State Plan

 

·       Your Committee recommends approval of the amendment to the State Plan for Vocational Rehabilitation and Supported Employment Services.  [EMSC-VESID (A) 2]

 

Policy

 

·       Your Committee recommends approval of the strategy to implement the Regents Policy Statement on Middle-Level Education.  [EMSC-VESID (A) 1; BR (A) 4]

 

The Committee requested that staff report periodically on the implementation of the strategy.  In addition, the Regents will review annually the limit of 75 applications for Model C.  The core Design Principles will be added under Model Implementation as an element to be monitored and progress reported publicly.

 

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 February 7, 2005, copies of which have been distributed to each Regent.

 

MATTERS NOT REQUIRING BOARD ACTION

 

Assessment review and action on student performance results for the 2000 student cohort:  Intervention Strategies  [EMSC-VESID (A) 4]

 

The Co-Chairs will determine when discussion/action will be taken concerning the required passing score on Regents exams.  Action on the appeals process is dependent on resolution of the passing score issue.  An issue concerning the appeals process for further consideration relates to how a student can provide evidence of receiving academic help if the district/school did not provide such assistance.  Committee members raised issues for clarification during the discussion, including the involvement of USNY partners, the timeline for implementing the high school completion intervention initiative, and the need for data on the effectiveness of academic intervention services.  Department staff will develop a paper for Board members that explains how Regents exams are scored.

 

School-Based Mental Health Initiatives:  Update and Next Steps  [EMSC-VESID (D) 1]

 

It was noted that the lessons learned in implementing mental health initiatives in schools should be shared with the 136 high schools that have graduation rates under 70 percent.  Teacher preparation efforts should be for all teachers, not just for special education teachers.

 

Educational programming for students who are incarcerated and/or institutionalized through the judicial system  [EMSC-VESID (D) 2]

 

Representatives from the Department of Correctional Services and the Office for Children and Families were able to respond to several questions raised by Committee members.  Issues addressed included the transfer of student records, waiting lists for services, transitional services for students returning to schools, youth mixed in with the adult population in facilities, funding of educational programs, youth detained in correctional facilities waiting for court appearances, and shared data systems across all agencies.  As staff complete additional surveys, information will be provided to Board members, including the status of libraries and distance learning programs.  Committee members asked staff to talk with them about issues to be included in the next report on this subject.

 

Assessments in the middle grades  [EMSC-VESID (D) 3]

 

Department staff will seek field comment on the analysis concerning moving the administration of one of the grade 8 tests to grade 7.

 

Review of industry-based technical assessments to meet graduation requirements  [EMSC-VESID (D) 4]

 

During the discussion, it was noted that the connection between technology education in the middle grades and career and technical education in the high school could be strengthened.

 

REGENTS COMMITTEE ON HIGHER EDUCATION AND PROFESSIONAL PRACTICE

 

          Your Higher Education and Professional Practice Committee held its scheduled meeting on February 7, 2005.  All Committee members were present, except for Regent Harry Phillips, 3rd who was excused for both the public and executive sessions, and Regent Arnold B. Gardner and Regent  Diane O’Neill McGivern, who were present for the public session and excused for the executive session.  

 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 six cases.  In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 28 consent order applications and 7 surrender applications be granted.

 

          These recommendations are made following the review of 41 cases involving 16 licensed practical nurses, 7 registered professional nurses, 6 dentists, 2 certified public accountants, 2 licensed practical nurses who are also registered professional nurses, 1 chiropractor, 1 licensed practical nurse who is also a registered professional nurse who is also a nurse practitioner, 1 physical therapy assistant, and 1 veterinarian.

 

Restoration Petitions

 

One case involving the restoration of a physician license was referred back to the Committee on the Professions for a more detailed report.   [HE & PP EXS (A) 3]

 

Consent Agenda Items

 

Your Committee recommends that the 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 confer the Bachelor of Business Administration Degree upon 13 individuals, the Bachelor of Technology Degree upon 18 individuals, the Associate in Applied Science Degree upon 34 individuals, and the Associate in Occupational Studies upon 4 individuals at Globe Institute of Technology, Inc.  [HE & PP (CA) 2]

 

           Your Committee recommends that paragraph (2) of subdivision (d) of section 3.47 and paragraph (17) of subdivision (b) of section 3.50 of the Rules of the Board of Regents be amended, effective March 3, 2005, to authorize the conferral in New York State of the degree Doctor of Nursing Practice (D.N.P.), for completion of a practice oriented doctoral degree in nursing.  [HE & PP (CA) 3]

 

Your Committee recommends that the Regents approve the following appointment and reappointment to the State Boards for the Professions:  [HE & PP (CA) 4]

 

State Board for Ophthalmic Dispensing - appoint Marie R. Coluccio (Albany) for a term commencing March 1, 2005, and expiring February 28, 2010

 

State Board for Ophthalmic Dispensing – reappoint Allan Kieswetter (Massena) for a term commencing March 1, 2005, and expiring February 28, 2010

 

Your Committee also recommends that the Regents approve the following appointments of extended members to the State Boards for the Professions for service on licensure disciplinary and/or licensure restoration and moral character panels and reappointments to the State Board for Professional Medical Conduct.  [HE & PP (CA) 4]

 

State Board for Ophthalmic Dispensing - appoint Yvonne Howard (Freeport) for a term commencing April 1, 2005, and expiring March 31, 2010

 

State Board for Podiatry – appoint Edward Barra (Pittsford) and Marina Maulucci (Getzville) each for a term commencing April 1, 2005, and expiring March 31, 2010

 

State Board for Professional Medical Conduct – reappoint Allan Gibofsky (New York), Stephen Hornyak (Staten Island), Eleanor Kane (Rhinebeck), Florence Kavaler (New York), and Ralph Lucariello (Bronxville) each for a term commencing March 1, 2005, and expiring February 29, 2008; Steven Grabiec (Grand Island), Rafael Lopez (New York) and Lois Jordon (New York) each for a term commencing February 1, 2005, and expiring January 31, 2008

 

Your Committee recommends that the master plan of Keuka College, Keuka Park, be amended, effective February 8, 2005, authorizing the College to establish an interinstitutional program at Corning Community College, Corning, Steuben County, at which it would offer a certificate program in Gerontology, Bachelor of Science (B.S.) programs in Criminal Justice Systems, Nursing, and Organizational Management, and a Master of Science (M.S.) program in Management.  [HE & PP (CA) 5]

 

Your Committee recommends that the Board of Regents grant an extension of permission to operate in New York State to the Manhattan Institute of Management, Inc., for a period beginning August 1, 2004, authorizing the Institute: 1) until December 31, 2009, to offer in Manhattan undergraduate and graduate noncredit courses in business administration to students matriculated in foreign universities who will have previously attended an institution of higher education located outside the United States and who will be awarded credit for their course work by their home institution; and 2) to offer noncredit courses in business administration to residents of New York State and to advertise in New York State after receiving a valid business school registration by the Department’s Bureau of Proprietary School Supervision for so long as such registration is maintained.  [HE & PP (CA) 6]

 

Your Committee recommends that the Regents approve an amendment to:  the absolute charter of Hilbert College allowing the college to increase the maximum number of authorized trustees from 25 to 35; the absolute charter of Ithaca College allowing the college to increase the maximum number of authorized trustees from 28 to 35; and the absolute charter of Keuka College authorizing the corporation to establish a branch campus at Corning Community College, Corning, New York.   [BR (A) 1]

 

 

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 February 7, 2005, copies of which have been distributed to each Regent.

 

 

      MATTERS NOT REQUIRING BOARD ACTION

 

          Your Committee discussed several topics of interest, including:

 

Update on Alternative Teacher Preparation Programs [HE & PP (D) 1]

 

The Committee was given an update on Alternative Teacher Preparation Programs (ATP), which the Board of Regents authorized in 2000 as a way to address teacher shortages.  This 2003-2004 report described New York State ATP programs, trends from school year 2000-2001, program support and outreach efforts during 2003-2004, and information about candidates who entered the New York City Teaching Fellows program in fall 2003.  Staff members also described plans to convene a Task Force to review ATP regulations in light of issues identified through the ongoing monitoring of these programs.  This item was held over from the November Regents meeting due to a lack of time to discuss it then.

 

Development of the Statewide Plan for Higher Education  [HE & PP (D) 2]

 

The Committee continued their discussion of the Statewide Plan.  The discussion included a review of the revisions made since the Committee received the last draft of the Plan in December. Those revisions were based on suggestions from members of the Committee and suggestions from the four higher education sectors.  Some of the revisions include: continued streamlining of the Plan by combining some categories, insertion of additional indicators for some Regents priorities, and inclusion of additional information and data in a number of sections. We also discussed plans for the two public hearings on the Plan scheduled for March 23 in Buffalo and April 5 in New York City, and agreed that the draft Plan could be shared with the field for comment.

 

Regents Role Concerning Higher Education Institutions Operating Outside the United States  [HE & PP (I) 1]

 

The Committee received information and staff responded to member’s questions about our role in chartering higher education institutions located outside the country.

 

 

REGENTS COMMITTEE ON QUALITY

 

Regent Saul B. Cohen, Chair of the Committee on Quality, presented on behalf of the Committee the following written report.

 

Your Committee on Quality held its scheduled meeting on February 8, 2005. Chancellor Bennett, Vice Chancellor Sanford, Regents Bowman and Cortés-Vazquéz were present.  Regents Brademas, Chapey, Phillips, and Tisch also attended.

 

APPROVAL

 

No items were recommended for formal approval by the Regents.

 

MATTERS NOT REQUIRING BOARD ACTION

 

 

l     Your Committee reviewed the draft strategic plan and recommended minor language changes to the item that is before the full Board this month for approval.

 

l     Your Committee reviewed the proposed format of monthly Regents meetings.  After discussion, it was agreed that the Commissioner and staff would revise the proposal to ensure that there is sufficient time for Committee and full Board deliberations, and time for other activities such as advocacy and constituency meetings.

 

l     Your Committee reviewed the proposed Board priorities for 2005-06, and accepted the revisions made to the document as a result of last month’s discussion.

 

l     Your Committee received an update on planning for the USNY Summit.  Conveners, dates and sites have been confirmed for most of the regional meetings.  Staff is working to finalize the invitation lists for these meetings.  Your Committee requested that foundation leaders and students are among the invitees.

 

The Summit itself will be held November 2, 2005 as part of the monthly Board meeting in Albany.  Staff is currently working on securing a second keynote presenter.  The Commissioner will send the Board a written job description for this role and invite the Board to offer suggestions of who best would fill this role.

 


 

APPENDIX I

NEW YORK STATE BOARD OF REGENTS

CHARTER ACTIONS

 

D. R. EVARTS LIBRARY DISTRICT

Voted, that

          1.          An absolute charter in the first instance is granted incorporating Carol Pfister, Joseph Iraci, William Boyer, Joseph Myers, Linda Kay Thompson, Jana Miller, Stephen Smith and their associates and successors as an education corporation under the corporate name of D. R. Evarts Library District, located in Athens, county of Greene and state of New York.

2.     The purpose for which such corporation is to be formed is to provide public library service to the residents of the D. R. Evarts Library District service area as established in Chapter 313 of the Laws of 2004 to include the town of Athens, Greene County, except those portions of the town of Athens which are included in the Catskill Library District or the Cairo Library District.

          3.            The library shall be administered by a board of nine trustees, said trustees to serve in the order in which they are name herein, for terms that shall expire as follows: Joseph Iraci, Diane Tompkins and Suzanne Palmer, terms expire December 31, 2005; Jana Miller, Linda Kay Thompson and Stephen Smith, terms expire December 31, 2006 and William Boyer, Joseph Myers and Carol Pfister terms expire December 31, 2007. As vacancies occur, trustees shall be appointed to serve three-year terms, said term commencing on the first day of the month next following the appointment. The board shall have power to adopt bylaws, including therein provisions fixing the method of election and the term of office of trustees, and shall have power by vote of two-thirds of all the members of the board of trustees to change the number of trustees to be not more than twenty-five nor less than nine.

          4.          The names and post office addresses of the first trustees are as follows:   

 

                                        Carol Pfister
                                        16 Market Street
                                        Athens, New York 12015
                           

                                        Joseph Iraci
                                        112 Longwood Drive
                                        Athens, New York 12015

 

William Boyer

47 Third Street

Athens, New York 12015

 

Joseph Myers

9 Market Street

Athens, New York 12015

 

Linda Kay Thompson

1 Third Street

Athens, New York 12015

 

Jana Miller

424 Flats Road

Athens, New York 12015

 

Stephen Smith

Farm to Market Road

Athens, New York 12015

 

Diane Tompkins

Union Street

Athens, New York 12015

 

Suzanne Palmer

Schoharie Turnpike

Athens, New York 12015

                                                           

5.          The corporation hereby created shall be a nonstock corporation organized and operated exclusively for educational purposes, as defined in section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code), and no part of the net earnings or net income shall inure to the benefit of any member, trustee, director or officer of the corporation, or any private individual (except that reasonable compensation may be paid for services rendered to or for the corporation), and no member, trustee, director or officer of the corporation, or any private individual, shall be entitled to share in the distribution of any of the corporate assets upon dissolution of the corporation.

          6.          Notwithstanding any other provision of these articles the corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code) or (b) by a corporation, contributions to which are deductible under section 170(c)(2) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code).

          7.          No substantial part of the activities of the corporation shall be devoted to carrying on propaganda, or otherwise attempting to influence legislation, (except to the extent authorized by Internal Revenue Code section 501(h) as amended (the corresponding provision of any future Federal tax code), during any fiscal year or years in which the corporation has chosen to utilize the benefits authorized by the statutory provision) and the corporation shall not participate in or intervene (including the publishing or distribution of statements) in any political campaign on behalf of or in opposition to any candidate for public office.

            8.            Upon dissolution of the corporation, the board of trustees shall, after paying or making provision for the payment of all the liabilities of the corporation, dispose of the remaining assets of the corporation exclusively for one or more exempt purposes, within the meaning of section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code), or shall distribute the same to the Federal government, or to a state or local government, for a public purpose.  Any such assets not so disposed of shall be disposed of by order of the Supreme Court of the State of New York in the judicial district where the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations, organized and operated exclusively for such purposes, as said Court shall determine.     

9.          The principal office of the corporation shall be located at 80 Second Street, Athens, New York 12015.

10.          The Commissioner of Education is designated as the representative of the corporation upon whom process in any action or proceeding against it may be served.

 

HORICON FREE PUBLIC LIBRARY.  An application having been made by and on behalf of the trustees of Horicon Free Public Library, for its provisional charter to be made absolute, and it appearing to the satisfaction of the Regents that the conditions for an absolute charter have been met, it was

          Voted, that the provisional charter of the Horicon Free Public Library, a town public library serving the residents of the town of Horicon located in Brant Lake, county of Warren, state of New York, which was granted by action of the Board of Regents on January 17, 1984; which provisional charter was extended by Regents action on February 16, 1990, April 28, 1995 and September 15, 2000 be, and the same hereby is, made absolute.                

 

THE JUNIOR MUSEUM. An application having been made by and on behalf of the trustees of The Junior Museum, for an amendment of its charter, it was

          Voted, that the absolute charter in the first instance of The Junior Museum located in Troy, county of Rensselaer, state of New York, which was granted by action of the Board of Regents under the corporate name “Rensselaer County Junior Museum” on May 21, 1954; which absolute charter was amended by Regents action on December 15, 1995 to change the corporate name to “The Junior Museum” be, and the same hereby is, amended to change the corporate name to “The Children’s Museum of Science and Technology” and to change the corporate address to 250 Jordan Road, Troy, New York 12180.

 

SHELTER ROCK PUBLIC LIBRARY. An application having been made by and on behalf of the trustees of Shelter Rock Public Library, for an amendment of its charter, it was

            Voted, that the provisional charter of the Shelter Rock Public Library, located in Albertson, county of Nassau, state of New York, which was granted by action of the Board of Regents on August 24, 1962; which provisional charter was made absolute by Regents action on January 26, 1968 be, and the same hereby is, amended to include residents in that portion of North Hills by the following exterior boundaries: the southerly boundary line of the village of North Hills, the easterly boundary line of the Great Neck School District, the southerly boundary line of the Manhasset School District, the southerly boundary line of the Roslyn School District, and the easterly boundary line of the village of North Hills as authorized by Chapter 972 of the Laws of 1962.

 

ALCOTT SCHOOL. An application having been made by and on behalf of the trustees of Alcott School, for an amendment of its charter, it was

            Voted, that the provisional charter of Alcott School, located in Scarsdale, county of Westchester, state of New York, which was granted by action of the Board of Regents as a stock corporation under the corporate name “The Alcott School, Inc.” on January 29, 1969; which provisional charter was made absolute by Regents action on March 24, 1972; which absolute charter was amended by Regents action on September 26, 1975;  September 22, 1978 for various purposes, including to delete the “Inc.” from the corporate name, to delete authority for the corporation to issue stock, and to indicate that the school would be a nonprofit corporation;  March 27, 1992 for various purposes, including to change the corporate name to “Alcott School”;  September 24, 1993 for a provisional term of three years to operate programs at sites in Scarsdale, Ardsley and New Rochelle and February 4, 1997 to make absolute the provisional amendment of September 24, 1993 be, and the same hereby is, amended to restate the corporate purposes to read:

a. To establish, conduct, operate and maintain nursery schools and kindergartens which shall educate children pursuant to the methods of Dr. Maria Montessori  at 27 Crane Road in Scarsdale, New York 10583; 535 Broadway in Dobbs Ferry, New York 10522; 2 Revolutionary Road in Ardsley, New York 10502 and 306 Rumsey Road in Yonkers, New York 10705;

b. To establish, conduct, operate and maintain elementary school classes, kindergarten through grade five, which shall educate children pursuant to the methods of Dr. Maria Montessori, initially at 535 Broadway in Dobbs Ferry, New York 10522 within the Dobbs Ferry Union Free School District, provided that no facility for elementary school classes shall be opened without the written approval of the New York State Education Department, upon receipt by the Department of a copy of an appropriate certificate of occupancy and proof that local fire officials have inspected the facility and found it to be in compliance with applicable fire codes;

c. To provide Early Intervention Services, as such services are defined in Article 25  of Title II-A of the Public Health Law, for children from birth until the age of three, in natural settings such as homes, day care centers and hospitals, and in center-based programs, provided that nothing contained in this charter shall authorize the corporation to provide Early Intervention Services without obtaining all approvals required by Title II-A of Article 25 of the Public Health Law, Title 10 of the Codes, Rules and Regulations of the State of New York, or any other applicable law or regulation. In addition, the purposes set forth herein do not authorize the corporation to establish, construct, lease or maintain a hospital or to provide hospital services or health related services or to operate a home care services agency, a hospice or a health maintenance organization, or to provide a comprehensive health services plan, as defined in and covered by Articles 28, 36, 40 and 44, respectively of the Public Health Law, or to solicit, collect or otherwise raise or obtain any funds, contributions, or grants from any source for the establishment or operation of any hospital in New York State. In addition, the corporation’s purposes do not authorize the corporation to establish, operate or maintain an adult home, residence for adults or enriched housing program as provided for by Article 7 of the Social Services Law, or to solicit contributions for any such purpose;

d. To establish, conduct and operate services for children with disabilities between the ages of three and five, including, but not limited to, evaluations, special classes, Special Itinerant Teacher Services, related services and special classes within integrated settings, within center-based programs and within public schools in school districts within Westchester County, provided that nothing in this charter shall be deemed to constitute approval for State  funding for programs and services under the jurisdiction of the Office of Vocational and Education Services for Individuals with Disabilities (VESID) of the State Education Department and provided that no facility for these programs and services shall be opened without the written approval of the New York State Education Department, upon receipt by the Department of a copy of an appropriate certificate of occupancy and proof that local fire officials have inspected the facility and found it to be in compliance with applicable fire codes;

e. To provide evaluations, consultant teaching services and related services for children with disabilities between the ages of five and twelve, provided that nothing in this charter shall be deemed to constitute approval for State funding for programs and services under the jurisdiction of the Office of Vocational and Educational Services for Individuals with Disabilities (VESID);

f. To establish and operate day care centers within the state of New York, initially within Westchester County, provided, however, that before each facility shall be established and opened, the prior written approval of the New York State Office of Children and Family Services (OCFS) or the New York City Department of Health, for those corporations located within New York City) shall be obtained; and

g. To provide after-school activities in sessions not to exceed two hours in length for children between the ages of three and twelve for development of age-appropriate recreational skills and interests, at various locations within Westchester County.”

 

BIG APPLE DAY SCHOOL. An application having been made by and on behalf of the trustees of Big Apple Day School, for an amendment of its charter, it was

            Voted, that the provisional charter of Big Apple Day School, located in Brooklyn, county of Kings, state of New York, which was granted by action of the Board of Regents under the corporate name “Big Apple Play School” on June 23, 1978; which provisional charter was amended by Regents action on March 27, 1981 to change the corporate name to “Big Apple Day School,” to provisionally authorize the corporation to operate grades one through eight until June 30, 1984 and to add language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3) and, as so amended, made absolute be, and the same hereby is, amended to delete the provisional authority granted on March 27, 1981 to operate grades one through eight and to add authority for the corporation to establish and operate day care centers in New York City, provided however before each such facility shall be established or opened the prior written approval of the New York City Department of Health must be obtained.

 

CLAYTON AREA PRE-SCHOOL. An application having been made by and on behalf of the trustees of Clayton Area Pre-School, for an amendment of its charter, it was

            Voted, that the provisional charter of Clayton Area Pre-School, located in Depauville, county of Jefferson, state of New York, which was granted by action of the Board of Regents under the corporate name “Town of Clayton Pre-School Program” on May 26, 1978; which provisional charter was amended by Regents action on October 23, 1981 to change the corporate name to “Clayton Area Pre-School” and was made absolute by Regents action on December 14, 1984 be, and the same hereby is, amended to change the corporate address to 913 Strawberry Lane, Clayton, New York 13624 and to add authority for the corporation to also operate day care centers  in Jefferson County provided , however, before each such facility shall be established or opened the prior written approval of the New York State Office of Children and Family Services (OCFS) must be obtained.

 

THE MUSIC CONSERVATORY OF WESTCHESTER. An application having been made by and on behalf of the trustees of The Music Conservatory of Westchester, for an amendment of its charter, it was

            Voted, that the absolute charter in the first instance of The Music Conservatory of Westchester, located in White Plains, county of Westchester, state of New York, which was granted by action of the Board of Regents under the corporate name “The Westchester Conservatory of Music” on December 20, 1996; which absolute charter was amended by Regents action on September 19, 1997 to change the corporate name to “The Music Conservatory of Westchester”  be, and the same hereby is, amended to increase the maximum number of trustees from twenty-five to thirty-five.

 

SCHOOL FOR LANGUAGE AND COMMUNICATION DEVELOPMENT. An application having been made by and on behalf of the trustees of the School for Language and Communication Development, for an amendment of its charter, it was

          Voted, that the provisional charter of the School for Language and Communication Development, located in Glen Cove, county of Nassau, state of New York, which was granted by action of the Board of Regents under the corporate name “School for Language and Communication Disorders” on March 22, 1985; which provisional charter was amended by Regents action on June 19, 1987 to change the corporate name to “School for Language and Communication Development” and to add authority for the School to also operate a preschool, kindergarten and grade one through three elementary school for mentally retarded and developmentally disabled children with language and communication disorders and a preschool and kindergarten for non-disabled children and, as so amended, extended; which was further amended by Regents action on September 18, 1992 and, as so amended, made absolute; and which absolute charter was amended by Regents action on June 9, 1995, July 16, 1999, December 17, 1999; October 5, 2001 to add provisional authority until December 17, 2004 for the School to also service children with disabilities from 5 to 21 years of age; and to add authority to service children with disabilities including but not limited to the following categories: mental retardation, hearing impairment, speech and language impairment, emotional disturbance, multiply disabled, learning disabled, physically challenged, neurological impairment and visual impairment and July 18, 2002 to add provisional authority until December 17, 2004 to operate grades seven through twelve for students with disabilities including, but not limited to, mental retardation, hearing impairment, speech and language impairment, emotional disturbance, multiply disabled, learning disabled, physically challenged, neurological impairment, visual impairment and autism be, and hereby is amended to extend until February 8, 2008, the provisional authority granted to the corporation by the amendments to its absolute charter on October 5, 2001 and on July 18, 2002 until February 8, 2008 and prior to February 8, 2008 an application for the further extension of such provisional authority to conduct such services, will be entertained by the Regents; but in the event that such application is not made, then after February 8, 2008, such provisional authority shall terminate and become void.

  

CAN WE TALK PRESCHOOL/YOUTH LOUNGE

          Voted, that

          1.          A provisional charter valid for a term of one year is granted incorporating Melissa Irby, Rodney Irby, Alice McBride, Sandra Williams, Candice Redman and their associates and successors as an education corporation under the corporate name of Can We Talk Preschool/Youth Lounge, located in Yonkers, county of Westchester, state of New York.

   2.             The purposes for which such corporation is formed are to reach as many children and youth in the urban community as possible (emphasizing reinforcement of basic ethical values and positive character traits), to support working parents in urban circumstances, and generally to provide supportive services to such parents and children. In furtherance of these charitable and educational purposes, the corporation shall:

a. offer pre-school and/or nursery school programs for urban children provided, however, that before any such pre-school program or nursery school shall be established or opened, the prior approval of the New York State Office of Nonpublic School Services must be obtained;

b. offer after-school care and summer camping opportunities for urban children five to twelve years of age, providing a needed ancillary learning environment and recreational and cultural activities for such children;

c. establish and operate day care centers in Westchester County, provided however, that before each such center shall be established  or opened, the prior written approval of the New York State Office of Children and Family Services must be obtained; provided further that no merger, consolidation or amendment will be allowed without the prior written approval of the New York State Office of Children’s and Family Services;

d. create and maintain a forum and sanctuary for urban scholars to meet to develop self confidence, motivation and self esteem and provide ancillary  services, such as goal and curriculum definition, referrals and general support;

e. develop programs and provide referrals and support that enable teenage mothers to complete their schooling;

f. promote use of public and private funds for programs which foster the general and specific purposes described herein;

g. encourage voluntary efforts among individuals, institutions and corporations in support of these purposes; and

h. conduct any and all lawful activities which may be useful in accomplishing the foregoing purposes.

3.              In furtherance of the foregoing purposes, the corporation shall have the powers as are now or hereafter permitted by law, for a corporation organized for the foregoing purposes, including, without limitation, the power to solicit grants and contributions for any corporate purpose and the power to maintain a fund or funds of real and/or personal property in furtherance of such purpose.

            4.              The persons named as incorporators shall constitute the first board of trustees.  The board shall have power to adopt bylaws, including therein provisions fixing the method of election and the term of office of trustees, and shall have power by vote of two-thirds of all the members of the board of trustees to change the number of trustees to be not more than twenty-five nor less than five.

          5.          The names and post office addresses of the first trustees are as follows:                                                     

Melissa Irby

77 Locust Hill Avenue

Yonkers, New York 10701

 

Rodney Irby

1 Glenwood Avenue, #10C

Yonkers, New York 10701

 

Alice McBride

75 Saint Andrew Place

Yonkers, New York 10705

 

Sandra Williams

267 Edgecombe Avenue, #2M

New York, New York 10031

 

Candice Redman

1 Glenwood Avenue, #25A

Yonkers, New York 10701

 

          6.          The corporation hereby created shall be a nonstock corporation organized and operated exclusively for educational purposes, as defined in section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code), and no part of the net earnings or net income shall inure to the benefit of any member, trustee, director or officer of the corporation, or any private individual (except that reasonable compensation may be paid for services rendered to or for the corporation), and no member, trustee, director or officer of the corporation, or any private individual, shall be entitled to share in the distribution of any of the corporate assets upon dissolution of the corporation.

          7.          Notwithstanding any other provision of these articles the corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code) or (b) by a corporation, contributions to which are deductible under section 170(c)(2) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code).

          8.          No substantial part of the activities of the corporation shall be devoted to carrying on propaganda, or otherwise attempting to influence legislation, (except to the extent authorized by Internal Revenue Code section 501(h) as amended, or the corresponding provision of any future Federal tax code, during any fiscal year or years in which the corporation has chosen to utilize the benefits authorized by the statutory provision) and the corporation shall not participate in or intervene (including the publishing or distribution of statements) in any political campaign on behalf of or in opposition to any candidate for public office.

            9.            Upon dissolution of the corporation, the board of trustees shall, after paying or making provision for the payment of all the liabilities of the corporation, dispose of the remaining assets of the corporation exclusively for one or more exempt purposes, within the meaning of section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code), or shall distribute the same to the Federal government, or to a state or local government, for a public purpose.  Any such assets not so disposed of shall be disposed of by order of the Supreme Court of the State of New York in the judicial district where the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations, organized and operated exclusively for such purposes, as said Court shall determine.

10.          The office of the corporation shall be located at One Glenwood Avenue, Suite 25A, Yonkers, New York 10701.

        11.          The Commissioner of Education is designated as the representative of the corporation upon whom process in any action or proceeding against it may be served. The post office address to which the Commissioner shall mail a copy of any process against the corporation served upon him is 1 Glenwood Avenue, Suite 25A, Yonkers, New York 10701.

            12.            Such provisional charter will be made absolute if, within one year after the date when this charter is granted, the corporation shall acquire resources and equipment which are available for its use and support and which are sufficient and suitable for its chartered purposes in the judgment of the Regents of the University, and shall be maintaining an institution of educational usefulness and character satisfactory to the Regents.  Prior to the expiration of said one-year period, an application for the extension of such provisional charter or for an absolute charter will be entertained by the Regents, but in the event that such application is not made, then at the expiration of said term of one year, and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

 

THE TOTTENVILLE SCHOOL

          Voted, that

          1.          A provisional charter valid for a term of one year is granted incorporating Bogdan Gierzynski, Ewa Gierzunski, Thomas Rakowski, Iwona Rakowski, Stanley Adamczuk and their associates and successors as an education corporation under the corporate name of The Tottenville School, located in Staten Island, county of Richmond, state of New York.

   2.             The purposes for which such corporation is formed are to establish and operate a pre-school for children with and without disabilities from three to five years of age, and day care centers within the state of New York, initially in Richmond County, provided however, before each such facility shall be established and opened, the prior written approval of the New York  City Department of Health will be obtained, and for such other and further purposes authorized by law in conjunction therewith.

            3.              The persons named as incorporators shall constitute the first board of trustees.  The board shall have power to adopt bylaws, including therein provisions fixing the method of election and the term of office of trustees, and shall have power by vote of two-thirds of all the members of the board of trustees to change the number of trustees to be not more than twenty-five nor less than five.

          4.          The names and post office addresses of the first trustees are as follows:                                                     

Bogdan Gierzynski

7 Massachusetts Street

Staten Island, New York 10307

 

Ewa Gierzynski

7 Massachusetts Street

Staten Island, New York 10307

 

Thomas Rakowski

106 West Blancke Street

Linden, New Jersey 07036

 

Iwona Rakowski

106 West Blancke Street

Linden, New Jersey 07036

 

Stanley Adamczuk

442 Old North Road

Peconic, New York 11958

 

          5.          The corporation hereby created shall be a nonstock corporation organized and operated exclusively for educational purposes, as defined in section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code), and no part of the net earnings or net income shall inure to the benefit of any member, trustee, director or officer of the corporation, or any private individual (except that reasonable compensation may be paid for services rendered to or for the corporation), and no member, trustee, director or officer of the corporation, or any private individual, shall be entitled to share in the distribution of any of the corporate assets upon dissolution of the corporation.

          6.          Notwithstanding any other provision of these articles the corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code) or (b) by a corporation, contributions to which are deductible under section 170(c)(2) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code).

          7.          No substantial part of the activities of the corporation shall be devoted to carrying on propaganda, or otherwise attempting to influence legislation, (except to the extent authorized by Internal Revenue Code section 501(h) as amended, or the corresponding provision of any future Federal tax code, during any fiscal year or years in which the corporation has chosen to utilize the benefits authorized by the statutory provision) and the corporation shall not participate in or intervene (including the publishing or distribution of statements) in any political campaign on behalf of or in opposition to any candidate for public office.

            8.         Upon dissolution of the corporation, the board of trustees shall, after paying or making provision for the payment of all the liabilities of the corporation, dispose of the remaining assets of the corporation exclusively for one or more exempt purposes, within the meaning of section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code), or shall distribute the same to the Federal government, or to a state or local government, for a public purpose.  Any such assets not so disposed of shall be disposed of by order of the Supreme Court of the State of New York in the judicial district where the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations, organized and operated exclusively for such purposes, as said Court shall determine.

9.          The institution to be maintained by the proposed corporation shall be 160 Connecticut Street, Staten Island, New York 10307.

        10.          The Commissioner of Education is designated as the representative of the corporation upon whom process in any action or proceeding against it may be served.

        11.            Such provisional charter will be made absolute if, within one year after the date when this charter is granted, the corporation shall acquire resources and equipment which are available for its use and support and which are sufficient and suitable for its chartered purposes in the judgment of the Regents of the University, and shall be maintaining an institution of educational usefulness and character satisfactory to the Regents.  Prior to the expiration of said one-year period, an application for the extension of such provisional charter or for an absolute charter will be

entertained by the Regents, but in the event that such application is not made, then at the expiration of said term of one year, and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

 

KIDS’ CORNER OF ROCKLAND.  An application having been made by and on behalf of the trustees of Kids’ Corner of Rockland, for its provisional charter to be amended and, as so amended, extended, it was

          Voted, that the provisional charter of the Kids’ Corner of Rockland, located in Orangeburg, county of Rockland, state of New York, which was granted by action of the Board of Regents on April 4, 2000 be, and the same hereby is, amended to specify that the preschool and kindergarten enrolls children with or without disabilities and to add authority for the corporation to also operate a summer program, and as so amended, extended until February 8, 2008; and prior to that date, an application for the further extension of such provisional charter or for an absolute charter will be entertained by the Regents, but, in the event that such application is not made, then after February 8, 2008 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

 

MOUNTAIN LAUREL WALDORF SCHOOL.  An application having been made by and on behalf of the trustees of Mountain Laurel Waldorf School, for its provisional charter to be amended and, as so amended, extended, it was

          Voted, that the provisional charter of the Mountain Laurel Waldorf School, located in New Paltz, county of Ulster, state of New York, which was granted by action of the Board of Regents under the corporate name “New Paltz Waldorf School” on May 20, 1983; which provisional charter was amended by Regents action on April 24, 1987 to change the corporate name to “Mountain Laurel School – A Waldorf School” and, as so amended, extended and again amended on September 13, 1991 to change the corporate name to “Mountain Laurel Waldorf School” and, as so amended, extended be, and the same hereby is, amended to change the corporate address to 16 South Chestnut Street, New Paltz, New York 12561 with a mailing address of P.O. Box  939, New Paltz, New York 12561, and as so amended, extended until February 8, 2008; and prior to that date, an application for the further extension of such provisional charter or for an absolute charter will be entertained by the Regents, but, in the event that such application is not made, then after February 8, 2008 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

  

SOUTH COUNTRY MONTESSORI SCHOOL.  An application having been made by and on behalf of the trustees of South Country Montessori School, for its provisional charter to be extended, it was

            Voted, that the provisional charter of the South Country Montessori School, located in Brookhaven, county of Suffolk, state of New York, which was granted by action of the Board of Regents February 23, 2004 be, and the same hereby is, extended until February 8, 2008; and prior to that date, an application for the further extension of such provisional charter or for an absolute charter will be entertained by the Regents, but, in the event that such application is not made, then after February 8, 2008 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

 

HILBERT COLLEGE.  An application having been made by and on behalf of the trustees of Hilbert College, for an amendment of its charter, it was

Voted, that the provisional charter of Hilbert College, located in Hamburg, county of Erie, and state of New York, which was granted by action of the Board of Regents on November 18, 1960, under the corporate name “Immaculata College”; which provisional charter was amended by action of the Regents on June 26, 1964, extended on October 29, 1965 and made absolute by Regents action on January 26, 1967; and which absolute charter was amended by action of the Regents on March 28, 1969,  to change the corporate name to “Hilbert College” and to change the corporate purposes to establish and maintain a junior college for students leading to the degrees of Associate in Arts (A.A.) and Associate in Applied Science (A.A.S.), on March 27, 1992 to authorize the College to award the Bachelor of Arts (B.A.) and Bachelor of Science (B.S.) degrees and on November 9, 2001 be, and the same hereby is, amended to increase the maximum number of trustees from twenty-five to thirty-five.

 

          ITHACA COLLEGE.  An application having been made by and on behalf of the trustees of Ithaca College, for an amendment of its charter, it was

          Voted, that the absolute charter in the first instance of Ithaca College, located in Ithaca, county of Tompkins, state of New York, which was granted by action of the Board of Regents under the corporate name “The Ithaca Conservatory and Affiliated Schools” on January 21, 1926; which absolute charter was amended by Regents action on March 19, 1931 to change the corporate name to “Ithaca College,” to delete the College’s authority to confer the degrees of Bachelor of Physical Education (B.Phys.Ed.) and Bachelor of Oral English (B.O.E.), and to add authority for the College to confer the degree of Bachelor of Science (B.S.), February 19, 1943, September 15, 1950, May 24, 1957, April 25, 1958, October 27, 1972, January 17, 1984, September 23, 1994, February 8, 2000 and December 17, 2004 be, and the same hereby is, amended to increase the maximum number of trustees from twenty-eight to thirty-five.

  

KEUKA COLLEGE.  An application having been made by and on behalf of the trustees of Keuka College, for an amendment of its charter, it was

          Voted, that the provisional charter of Keuka College, located in Keuka Park, county of Yates, and state of New York, which was granted by action of the Board of Regents on February 11, 1892, which provisional charter was made absolute by Regents action on March 27, 1924; and which was amended on May 16, 1929, May 20, 1938, March 20, 1942, February 15, 1951, July 14, 2000 to restate the charter in its entirety and July 19, 2001 be, and the same hereby is, amended to authorize the corporation to establish a branch campus at Corning Community College and to confer at said campus the degrees of Bachelor of Science (B.S.) and Master of Science (M.S.).

 

 


 

APPENDIX II

REGENTS ACTIONS IN 40 PROFESSIONAL DISCIPLINE CASES

 

February 7-8, 2005

 

          The Board of Regents announced disciplinary actions resulting in the revocation of 2 licenses, surrender of 6 licenses, and 32 other disciplinary actions.  The penalty indicated for each case relates solely to the misconduct set forth in that particular case. 

 

I. REVOCATIONS AND SURRENDERS

 

Dentistry

 

          Robert Steven Aron; 3005 St. James Place, Boca Raton, FL 33434; Lic. No. 040214; Cal. No. 21964; Application to surrender license granted.  Summary: Licensee admitted to the charge of failure to provide an adequate orthodontic treatment plan for a patient; failure to take x-rays, make study models or create study models, tracing or bit registrations for a patient; and failure to keep dental and medical treatment records to justify the course of treatment for a patient.

 

          Lee Baigelman; 11320 N.W. 11th Court, Coral Springs, FL 33071; Lic. No. 032786; Cal. No. 21977; Application to surrender license granted.  Summary: Licensee admitted to the charge of physical abuse of a patient.

 

Nursing

 

          Tracie Catherine Cavanaugh; Licensed Practical Nurse; 12 Rockefeller Boulevard, Rensselaer, NY 12144; Lic. No. 259914; Cal. No. 21428; Application to surrender license granted.  Summary: Licensee did not contest the charges of altering records of patient’s medications, providing a false physician’s order, and committing medication administration and documentation errors.

 

          Evelyn Schwerin; Registered Professional Nurse; P.O. Box 1520, 24488 Jefferson Place, Kingston, WA 98346; Lic. No. 535505; Cal. No. 21908; Application to surrender license granted.  Summary: Licensee did not contest the charge of failing to properly transcribe physician medication orders onto patient medication administration records in that on one occasion she failed to enter an order on the patient chart, and on a second occasion she mistranscribed an order onto the patient chart.

 

          Mary Jean McCarthy; Licensed Practical Nurse; 8C58 Box 55, Grando, AZ 86505; Lic. No. 182309; Cal. No. 21956; Application to surrender license granted.  Summary: Licensee did not contest the charge of having been found guilty by the Arizona State Board for Nursing of professional misconduct.

 

          Virgil James Perry; Registered Professional Nurse; 25 Queen Court, Stuarts-Draft, VA 24477; Lic. No. 208496; Cal. No. 21963; Application to surrender license granted.  Summary: Licensee admitted to the charge of having been found guilty by a duly authorized professional disciplinary agency of another state of diversion of controlled drugs for his own use and failure to complete treatment as recommended.

 

Public Accountancy

 

            Franklin M. Boykoff a/k/a Franklin Boykoff; Certified Public Accountant; Lic. No. 039659; Cal. No. 21419; Found guilty of professional misconduct; Penalty: Revocation, $10,000 fine.

 

            Rosanna Bell; Certified Public Accountant; 18 Westwood Circle, Irvington, NY 10533-6104; Lic. No. 054250; Cal. No. 21422; Found guilty of professional misconduct; Penalty: Revocation.

 

II. OTHER REGENTS DISCIPLINARY ACTIONS

 

Chiropractic

 

          Frank J. Amato; P.O. Box 307, Bellport, NY 11713; Lic. No. 005294; Cal. No. 21280; Application for consent order granted; Penalty agreed upon: 5 year suspension of license to be terminated upon payment of $7,000 fine imposed under Order No. 18075; 2 year probation; $1,000 fine plus $7,000 fine if not paid during 5 year suspension.

 

Dentistry

 

          John A. Augello; 3239 North Jerusalem Road, Levittown, NY 11756; Lic. No. 023501; Cal. No. 21143; Application for consent order granted; Penalty agreed upon: 1 year actual  suspension, a consecutive 1 year stayed suspension, 2 years of probation to commence upon return to practice.

 

          Zinaida Aulova; 105-40  62nd Road, Forest Hills, NY 11375; Lic. No. 047882; Cal. No. 21558; Found guilty of professional misconduct; Penalty: Censure and Reprimand.

 

          Edward P. Trimmer; 21 Congressional Drive, Pawleys Island, SC 29585; Lic. No. 046464; Cal. No. 21819; Application for consent order granted; Penalty agreed upon: 6 month actual suspension, 66 months stayed suspension, 6 years probation.

 

          Lorne Tomalty; 5213 Princeton Way, Boca Raton, FL 33496; Lic. No. 031865; Cal. No. 21958; Application for consent order granted; Penalty agreed upon: 1 year actual suspension, 2 years probation, $2,500 fine, $5,000 fine.

 

Nursing

 

          Gary Benjamin Thurston; Licensed Practical Nurse; P.O. Box 147, Cayuga, NY 13034; Lic. No. 248438; Cal. No. 21038; Application for consent order granted; Penalty agreed upon: 1 year actual suspension; upon return to practice, 2 years probation with respondent to work only in a supervised setting.

          Diane Camuti; Licensed Practical Nurse; 25-20 30th Road, Astoria, NY 11102; Lic. No. 079674; Cal. No. 21264; Found guilty of professional misconduct; Penalty: Suspension until terminated as set forth in Hearing Panel report – upon termination of suspension, probation 5 years.

 

          Wendy A. Relihan; Licensed Practical Nurse; 1023 Danforth Street, Syracuse, NY 13208; Lic. No. 265544; Cal. No. 21448; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $250 fine.

 

          Nenita V. Sausa; Registered Professional Nurse; 90-09 Northern Boulevard, Jackson Heights, NY 11372; Lic. No. 356213; Cal. No. 21523; Application for consent order granted; Penalty agreed upon: 12 months stayed suspension, 12 months probation, $500 fine.

 

          Valerie D. Evans; Licensed Practical Nurse; 1725 Springfield Avenue, Norfolk, VA 23523; Lic. No. 131646; Cal. No. 21592; Application for consent order granted; Penalty agreed upon: 3 year actual suspension with leave to apply for early termination upon proof of completion of a nursing refresher course and remedial coursework in medication administration; 2 year period of probation upon return to the practice of nursing in New York State, with special terms requiring submission of quarterly employer reports, and completion of the required coursework if not taken prior to the commencement of probation.

 

          Amanda E. Treis; Licensed Practical Nurse; 1439 Ruie Road, North Tonawanda, NY 14120; Lic. No. 265010; Cal. No. 21637; Application for consent order granted; Penalty agreed upon: Partial actual suspension in area of medication administration until successful completion of medication administration course; 1 year probation, $250 fine, quarterly performance reports.

 

          Winnicent Burrell; Licensed Practical Nurse; 231 Preakness Avenue, Paterson, NJ 07502; Lic. No. 263706; Cal. No. 21688; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation with respondent to complete a course in medication administration, $250 fine.

 

          Amelia Zeigerman; Registered Professional Nurse; Post Office Box 309, Poughquag, NY 12570-0309; Lic. No. 396829; Cal. No. 21693; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for no less than 3 years and until fit to practice – upon return to practice, 2 years probation with respondent to remain fit to practice and free from alcohol and drug abuse, and to submit continuing reports and random urine screens from a treatment provider and quarterly employer reports.

 

          James Walter Goodie; Licensed Practical Nurse; 41 Ehrbar Avenue, Mt. Vernon, NY 10552-3605; Lic. No. 257482; Cal. No. 21698; Application for consent order granted; Penalty agreed upon: Indefinite suspension of not less than 2 years and until consistent reports of fitness to practice as determined by a psychiatrist, psychologist, certified social worker or nurse practitioner (psychiatric specialty) approved by the New York State Education Department – upon return to practice in New York, 2 years probation with quarterly employer reports and practice only under direct supervision of a registered professional nurse in an Article 28 facility.

 

          Milagro Perryman; Licensed Practical Nurse, Registered Professional Nurse, Nurse Practitioner; 2231 Parkhurst Boulevard, Elmont, NY 11003; Lic. Nos. 202785, 421010, Cert. No. 301465; Cal. Nos. 21734, 21733, 21732; Application for consent order granted; Penalty agreed upon: 4 month actual suspension, 20 months stayed suspension, 2 years concurrent probation, $1,000 fine.

 

          Donna Sue Richardson; Licensed Practical Nurse; 15 Browns Avenue, Scottsville, NY 14546-1345; Lic. No. 131163; Cal. No. 21768; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation with special term of respondent to complete the NYSNA medication administration course.

 

          Todd M. Hulbert; Registered Professional Nurse; 4 Nepale Drive, New Paltz, NY 12561; Lic. No. 532351; Cal. No. 21773; Application for consent order granted; Penalty agreed upon: Partial actual suspension in the area of medication administration until the successful completion of NYSNA medication course, consecutive 2 years probation, $1,000 fine.

 

          Esther K. Akeem; Licensed Practical Nurse; 865 Wegman Road, Rochester, NY 14624-1429; Lic. No. 267152; Cal. No. 21795; Application for consent order granted; Penalty agreed upon: 2 year suspension of license with the last 23 months stayed, 2 years probation concurrent with the suspension, completion of the NYSNA coursework in medication administration.

 

          Laura Stiggins; Licensed Practical Nurse; 9682 County Road 46, Arkport, NY 14807; Lic. No. 168474; Cal. No. 21812; Application for reconsideration granted, as set forth in Regents Review Committee report.

 

          Sonya Marie Schaff; Licensed Practical Nurse; 414 Woodrow Avenue, Dunkirk, NY 14048; Lic. No. 245905; Cal. No. 21828; Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, 2 years probation, $500 fine.

 

          Agiake Ufumaka; Licensed Practical Nurse, Registered Professional Nurse; 452 Effingham Avenue, Bronx, NY 10473; Lic. Nos. 209574, 520847; Cal. Nos. 21871, 21872; Application for consent order granted; Penalty agreed upon: 6 month actual suspension, 18 months stayed suspension, 2 years probation, that during probation respondent remain drug-free.

 

          Elizabeth Okyere Appiah; Licensed Practical Nurse; 30 West 141st Street, New York, NY 10037-1307; Lic. No. 235628; Cal. No. 21903; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years concurrent probation, with special terms requiring that licensee submit quarterly employer reports, and to successfully complete the NYSNA course in pharmacology and medication administration for nurses.

 

          Esther Olukemi Famuyiwa; Licensed Practical Nurse; 89‑73  218th Street, Queens Village, NY 11427; Lic. No. 214099; Cal. No. 21904; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years concurrent probation, with special terms requiring licensee to submit quarterly employer reports, and to successfully complete the NYSNA course in pharmacology and medication administration for nurses.

 

          Helen Quiles; Licensed Practical Nurse, Registered Professional Nurse; 3428 Dekalb Avenue, Bronx, NY 10467; 158 Degraw Avenue, Teaneck, NJ 07666; Lic. Nos. 218957, 488188; Cal. Nos. 21905, 21906; Application for consent order granted; Penalty agreed upon: 2 month actual suspension, 22 month stayed suspension, 2 years concurrent probation with a special term requiring licensee to submit quarterly employer reports, $500 fine.

 

          Robert Cohen; Registered Professional Nurse; 2 Kristen Court, Matawan, NJ 07747; Lic. No. 324280; Cal. No. 21962; Application for consent order granted; Penalty agreed upon: 18 months actual suspension, 6 months stayed suspension, consecutive 2 years probation.

 

Physical Therapy

 

          Julie Torrales; Physical Therapist Assistant; 229 West 62nd Street, New York, NY 10023; Cert. No. 001047; Cal. No. 21820; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 months stayed suspension, 2 years probation.

 

Veterinary Medicine

 

          Rita Maltese; 242 Seneca Avenue, Dix Hills, NY 11746; Lic. No. 002310; Cal. No. 21890; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years concurrent probation, that during probation licensee remain drug and alcohol free and submit random urine screenings, $500 fine.