regents letterhead

 

 

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 8 and 9, 2010

 

Anthony Lofrumento, 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, February 8 at 9:00 a.m. and Tuesday, February 9 at 10:00 a.m. pursuant to a call to duty sent to each Regent.

MEETING OF THE FULL BOARD, Monday, February 8, 9:00 a.m.

Board Members in Attendance:

Merryl H. Tisch, Chancellor

Robert M. Bennett, Chancellor Emeritus

Saul B. Cohen

James C. Dawson

Geraldine D. Chapey

Harry Phillips, 3rd

Joseph E. Bowman, Jr.

James R. Tallon, Jr.

Roger Tilles

Karen Brooks Hopkins

Charles R. Bendit

Betty A. Rosa

Lester W. Young, Jr.

Christine D. Cea

              Also present were the Commissioner of Education, David M. Steiner, Senior Deputy Commissioner P-12, John King, Acting Counsel and Deputy Commissioner for Legal Affairs, Erin O’Grady-Parent, and the Secretary, Board of Regents, Anthony Lofrumento.  Vice Chancellor Milton L. Cofield, Regent Anthony S. Bottar and Regent Wade S. Norwood were absent and excused.

              Chancellor Merryl H. Tisch called the meeting to order at 9:00 a.m.

ACTION ITEMS

Executive Session Motion

MOVED, that the Board of Regents convene in Executive Session on Monday, February 8 at 6:15 p.m. for the purpose of discussing a competitive grant proposal.

             

              Motion by:               Chancellor Emeritus Robert M. Bennett

              Seconded by:           Regent Geraldine D. Chapey

              Action:                     Motion carried unanimously

Regents Statewide Learning Technology Plan

BR (A) 3

MOVED, that the Regents approve the Statewide Learning Technology Plan. 

              Motion by:               Regent Joseph E. Bowman, Jr.

              Seconded by:           Regent Harry Phillips, 3rd

              Action:                     Motion carried unanimously

State Education Department January 2010 Fiscal Report

BR (A) 4

                           

              MOVED, that the Board of Regents accept the January 2010 State Education Department Fiscal Reports as presented.

              Motion by:               Regent Joseph E. Bowman, Jr.

              Seconded by:           Regent Saul B. Cohen

              Action:                     Motion carried unanimously

WORKGROUP FORMATION

              Chancellor Tisch announced the formation of the Early Childhood Workgroup to include:  Regent Young, Chair; Chancellor Emeritus Bennett; Regent Chapey; Regent Rosa; Regent Cea; and Regent Norwood.

Commissioner’s Monthly Report

Oral

              Commissioner Steiner provided an overview of each Committee’s agenda as well as response to the needs resulting from the earthquake in Haiti.

              Full Board adjourned at 10:00 a.m.

 

MEETING OF THE FULL BOARD, Tuesday, February 9, 10:00 a.m.

Board Members in Attendance:

Merryl H. Tisch, Chancellor

Saul B. Cohen

James C. Dawson

Anthony S. Bottar

Geraldine D. Chapey

Harry Phillips, 3rd

Joseph E. Bowman, Jr.

James R. Tallon, Jr.

Roger Tilles

Karen Brooks Hopkins

Charles R. Bendit

Betty A. Rosa

Lester W. Young, Jr.

Christine D. Cea

Wade S. Norwood 

              Also present were the Commissioner of Education, David M. Steiner, Senior Deputy Commissioner P-12, John King, Acting Counsel and Deputy Commissioner for Legal Affairs, Erin O’Grady-Parent, and the Secretary, Board of Regents, Anthony Lofrumento.  Vice Chancellor Milton L. Cofield and Chancellor Emeritus Robert M. Bennett were absent and excused.

              Chancellor Merryl H. Tisch called the meeting to order at 10:00 a.m.

ACTION ITEMS

Charter Applications for February 2010

BR (A) 1

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

              Motion by:               Regent James C. Dawson

              Seconded by:           Regent Saul B. Cohen

              Action:                     Motion carried unanimously 

Summary of the January 2010 Meeting

BR (A) 2

              MOVED, that the Summary of the January 2010 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

 

PROGRAM AREA CONSENT ITEMS

Higher Education

Proposed Amendment of Part 162 of the Regulations of the Commissioner of Education Relating to the Veterans Tuition Awards Program

BR (CA) 1

MOVED, that Part 162 of the Regulations of the Commissioner of Education be amended, as submitted, effective March 3, 2010.

The City University of New York, The City College of New York:  Regents Authorization to Award the Master of International Affairs (M.I.A.) degree
BR (CA) 2

MOVED, that the Board of Regents authorize The City University of New York, The City College of New York to award the Master of International Affairs (M.I.A.) degree on students successfully completing the registered International Relations program, currently leading to the Master of Arts (M.A.) degree at The City College of New York, effective February 9, 2010.

              Motion by:               Regent James C. Dawson

              Seconded by:           Regent Anthony S. Bottar

              Action:                     Motion carried unanimously

Professional Practice

Report of the Committee on the Professions Regarding Licensing Petitions
BR (CA) 3

              MOVED, that the Regents approve the recommendations of the Committee on the Professions regarding licensing petitions.

Reappointments of Members to the State Boards for the Professions and Appointment of an Extended Member to the State Boards for the Professions for Service on Licensure Disciplinary and/or Licensure Restoration and Moral Character Panels

BR (CA) 4

             MOVED, that the Regents should approve the proposed (re)appointments.

Appointment to the Committee on the Professions

BR (CA) 5

           MOVED, that the Board of Regents approve the roster of the Committee on the Professions, effective February 9, 2010.

              Motion by:               Regent James C. Dawson

              Seconded by:           Regent Anthony S. Bottar

              Action:                     Motion carried unanimously

STANDING COMMITTEE REPORTS

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

              Motion by:               Regent Joseph E. Bowman, Jr.

              Seconded by:           Regent James R. Tallon, Jr.

              Action:                     Motion carried unanimously

INFORMATION ITEM

Commissioner’s Look Ahead at the January Meeting

Oral

              Commissioner Steiner:  The Commissioner reported that the March meeting will focus on: meetings of the Early Childhood and of the Strategic Planning Workgroups; EMSC focus on online learning, virtual high school instruction and broadband access; HE focus on teacher shortages, changes for students with disabilities certification, distance learning and review of teacher performance; professions focus on distance education.

             

Full Board adjourned at 10:30 a.m.

 

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 (CE) had its scheduled meeting on February 9, 2010.  In attendance were: Regents Dawson, Bowman, Brooks-Hopkins, and Tilles. 

Absent: Regent Phillips.  In addition to CE Committee Members: Commissioner Steiner

ITEMS FOR DISCUSSION

Chair’s Remarks: Regent Dawson welcomed everyone and opened the meeting with a report on the Assembly Roundtable that was held in New York City on January 17.

Deputy’s Report: Deputy Commissioner Jeffrey Cannell greeted everyone and spoke briefly about the Deputy’s OCE Monthly Report that was distributed to the Board of Regents prior to the meeting.  In addition, Mr. Cannell presented a brief statement regarding the budget.

CE(A) 1 - Regents Rule Section 3.27, Relating to Museum Collections Management Policies

This proposed amendment clarifies restrictions on the deaccessioning of items and materials in an institution's collections, consistent with generally accepted professional and ethical standards within the museum and historical society communities.

An opportunity for questions and discussion was provided. Clifford Siegfried, Director and Deputy Commissioner for the Museum provided additional information/clarification as needed.

MOVED, that the Board of Regents take the following action and approve Item as presented.

That paragraph (7) of subdivision (a), and paragraphs (6) and (7) of subdivision (c), of section 3.27 of the Rules of the Board of Regents be amended, as submitted, effective February 13, 2010, as an emergency action to expire and be deemed repealed April 13, 2010, upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare in order to protect the public’s interest in collections held by a museum or historical society by enumerating the specific criteria under which an institution may deaccession an item or material in its collection, remove the option allowing an institution to designate a structure as a collections item but keep intact any such designation made by vote of a board of trustees prior to December 19, 2008, and specify that no proceeds from deaccessioning may be used for capital expenses, except to preserve, protect or care for an historic building previously designated as part of the institution’s collection, as above.  Emergency action is also necessary to ensure that the emergency rule remains continuously in effect until it can be adopted and made effective as a permanent rule. 

Motion by:                  Regent Tillis

Seconded by:              Regent Brooks Hopkins

Action:                        Motion carried unanimously

CE (D) 1 - E-textbooks: Tools for Improving Educational Efficiency and Achievement

Bernard Margolis, State Librarian and Deputy Commissioner for Libraries provided some background information on E-textbooks. While no action was suggested, Mr. Margolis wanted the Regents to be aware of the work they are doing and the changes that are occurring in the world of textbooks.  Universally accessible, e-textbooks are gateways to expanded informational and educational resources providing text, image and sound in an interactive, interconnected, and ever changing way.  Students and teachers are transitioning from traditional printed/bound textbooks to on-line texts and we are investigating whether the NOVELny database platform could be a tool for the easy delivery of e-textbooks to students, teachers, parents and schools across New York State; and are looking at the potential cost saving possibilities of e textbooks as well as the ability to better measure the effectiveness of learning resources as they relate to individual student performance and achievement.

An opportunity for questions and discussion was provided.

CE (D) 2 - OCE Digital Collections

Chris Ward, State Archivist and Deputy Commissioner for the Archives provided a brief overview on OCE’s digital collections.  This Item was brought before the Committee to discuss how the Department and OCE’s programs can harness and use modern technology to make rich content of the collections available to teachers and students and help them incorporate this content into their lessons. The Office of Cultural Education has content that can be used by teachers to enhance and expand the curriculum and bring life to learning.

Ms. Ward introduced Dr. Kristi Fragnoli, Professor at the College of Saint Rose, Albany, NY who provided additional information on how teachers use digital resources, such as those produced by OCE, to enhance and expand the curriculum and bring life to learning. Dr. Fragnoli also discussed how technology can be used to deliver training to OCE audiences over the Internet.  In conclusion, she talked about the importance of incorporating into teacher education programs training in how to access and use cultural content delivered over the Internet to ensure that new teachers have the tools they need to perform successfully in the classroom.  Handouts were provided.

An opportunity for questions and discussion was provided.

REGENTS COMMITTEE ON ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

              Your EMSC Committee held its scheduled meeting on February 8, 2010.  All Committee members were present.

ACTION ITEMS

Charter School Actions

Your Committee recommends that the Board of Regents approves and issues the charter of the Bushwick Ascend Charter School as proposed by the Chancellor of the city school district of the City of New York, and issues a provisional charter to it for a term of five years, up through and including February 8, 2015.   [EMSC (A) 2]

Your Committee recommends that the Board of Regents issues a charter and provisional charter to the Kingsbridge Innovative Design Charter School for a term of five years, up through and including February 8, 2015.   [EMSC (A) 3]

Your Committee recommends that the Board of Regents returns the proposed second renewal charter of the New Covenant Charter School to the Trustees of the State University of New York for reconsideration, and with the following comments and recommendations: that the resubmission provides: (1) information regarding all provisions of the School’s second renewal charter (including its educational program) that have been changed, if any, since its initial charter was issued; (2) specific fiscal information including: a narrative that explains the budget, a budget that includes an escrow account for possible dissolution, and an explanation of the depreciation/deferred fees and capital expenditures; (3) specific information regarding the activities used to serve students with disabilities; (4) specific information regarding the activities used to serve English language learners; and (5) a curriculum to address and be aligned with all 28 New York State Learning Standards.   [EMSC (A) 4]

Your Committee recommends that the Board of Regents approves and issues the charter of the Democracy Prep Harlem Charter School as proposed by the Chancellor of the city school district of the City of New York, and issues a provisional charter to it for a term of five years, up through and including February 8, 2015.  [EMSC (A) 5]

Your Committee recommends that the Board of Regents approves and issues the charter of the Challenge Preparatory Charter School as proposed by the Chancellor of the city school district of the City of New York, and issues a provisional charter to it for a term of five years, up through and including February 8, 2015.   [EMSC (A) 6]

              Your Committee recommends that the Board of Regents approves the application for the West Buffalo Charter School.   [EMSC (A) 7]

Your Committee recommends that the Board of Regents approves the revision to the first renewal charter of the Global Concepts Charter School, and the provisional charter is amended accordingly.   [EMSC (A) 8]

Your Committee recommends that the Board of Regents approves the revision to the initial charter of the Niagara Charter School, and the provisional charter is amended accordingly.  [EMSC (A) 9]

Your Committee recommends that the Board of Regents approves the revisions to the initial charter of the Believe Northside Charter High School nunc pro tunc as proposed, and the provisional charter is amended accordingly.  [EMSC (A) 10]

                Your Committee recommends that the Board of Regents approves the revisions to the initial charter of the Believe Southside Charter High School nunc pro tunc as proposed, and the provisional charter is amended accordingly.  [EMSC (A) 11]

                Your Committee recommends that the Board of Regents approves and issues the charter of the Cultural Arts Academy Charter School at Spring Creek as proposed by the Chancellor of the city school district of the City of New York, and issues a provisional charter to it for a term of five years, up through and including February 8, 2015.  [EMSC (A) 12]

                Your Committee recommends that the Board of Regents approves and issues the first renewal charter of the Hellenic Classical Charter School as proposed by the Chancellor of the city school district of the City of New York, and that its provisional charter be extended for a term up through and including February 8, 2015.  [EMSC (A) 13]

MOTION FOR ACTION BY FULL BOARD

             

              Madam Chancellor and Colleagues:  Your EMSC Committee recommends, and we 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 9, 2010, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

Virtual High School Initiative – Part II – The Committee continued its discussion about the framework for the development of a virtual high school initiative.  In November, the Regents directed staff to develop a proposal for creation of a virtual high school that would provide Department approved rigorous courses aligned to the NYS Learning Standards.  The Committee discussed the need for standards for approved online courses and the role of the Department in a virtual high school initiative.  The discussion will continue next month concerning the need for regulatory flexibility to support this initiative.   [EMSC (D) 1]

Grades 3-8 Testing Program Update – The Committee was given an update on the 2009-10 and 2010-11 Grades 3-8 Testing Program.  In June 2009, staff were directed to make changes to strengthen the testing program and move the Grades 3-8 tests to May, beginning with the 2009-10 school year.  The Committee discussed the immediate positive impact of these changes as they more completely measure and cover the NYS Learning Standards, increase rigor to support the move towards higher standards, and produce more reliable results.  Also discussed were changes to the 2010-11 testing program including the design and implementation of a vertical scale and an increase in the number of multiple-choice items on the exams. The 2010-11 Elementary- and Intermediate-level Testing Schedule was also discussed.  Members of the Committee suggested that a communication plan be developed to keep districts, teachers and parents informed about the changes being made to the State’s assessment program. [EMSC (D) 2]

Broadband Access – The Committee discussed universal broadband access and the possible inclusion of it as part of the Regents federal legislative agenda.  The discussion focused on the biggest challenges – insufficient bandwidth/technical support inside individual school buildings and cost.  Staff will update the Regents at the March meeting with more accurate information on the numbers of districts with access to broadband and how they will continue to address broadband access and New York’s overall digital infrastructure as important priorities for implementing the Statewide Learning Technology Plan.  [EMSC (D) 3]

Regents College and Career Readiness Working Group - The Committee discussed the development of a work plan and timeline for the Regents College and Career Readiness Working Group.  The Working Group will develop recommendations to be submitted to the Board of Regents for discussion and approval in July and the appointment of a group of advisors to meet with the Working Group.  The recommendations will focus on High School Diploma Requirements, High School Assessments, and GED policy and program.  The Working Group will keep the Regents informed regularly on their progress.  [EMSC (A) 1]

School of One – Joel Rose, Chief Executive Officer of The School of One (NYCDOE) made a brief presentation on the School’s pilot program that began in the summer of 2009 at MS 131 in Manhattan.  The School of One is a model for re-thinking how instruction is provided to students.  The model uses a mix of live and online instruction that is customized to students based on their performance and the type of instruction that each student responds to best.  The pilot will continue as after-school programs at three middle schools in New York City.

That concludes our report.

 

REGENTS COMMITTEE ON HIGHER EDUCATION

              Your Higher Education Committee met on February 8, 2010.  All members of the Committee were present, except Vice Chancellor Cofield and Regent Bottar.

ITEMS FOR DISCUSSION:

 

1.  HE (D) 3     TRANSFORMING TEACHING AND LEARNING –                                                                             TEACHER STANDARDS

The Committee had a rich conversation on the development of teacher standards.  We were joined at the meeting by the President of NCATE, and the Vice President of TEAC and the Co-chairs of the Professional Standards and Practices Board for Teaching. These standards would be the basis for the re-design of pre-service teacher preparation programs, performance assessments for certification, annual professional performance reviews, and professional development for New York teachers.

The Committee asked staff to engage the educational community in the development of draft teacher education standards for the Board’s consideration.

2. HE (D) 2      TRANSFORMING TEACHING - CLINICALLY-RICH                                                                           GRADUATE TEACHER PREPARATION PROGRAM –                                                                   DRAFT STANDARDS

The Department presented to the Board draft standards for a pilot program for a clinically-based graduate teacher preparation program which would be open to both collegiate and non-collegiate institutions with a demonstrated track record for preparing teachers in high need schools.

With changes recommended during today’s meeting of the Committee, the Department will go ahead and draft for the Board’s approval, a Request for Proposal for the pilot program.

 

3. HE (D) 1      PROFESSIONAL ASSESSMENT SYSTEM FOR                                                                                EDUCATIONAL LEADERS

Building on the work already completed through the Wallace-funded grant, the Department presented the work to date on the development of an annual performance assessment for school leaders.

In addition to the number of comments from the Committee, the Department will seek feedback from the field.  The Department will return to the Board, at a later meeting, with a revised model for their consideration.

             

              This concludes my report.

 

REGENTS COMMITTEE ON PROFESSIONAL PRACTICE

 

              Your Professional Practice Committee held its scheduled meeting on February 9, 2010.   All Committee members were present except for Vice Chancellor Milton L. Cofield who was excused. 

ACTION ITEMS

Professional Discipline Cases

              Your Committee recommends that the report of the Regents Review Committee, including rulings, findings of fact, determinations as to guilt, and recommendation, by unanimous vote, contained in that report which has been distributed to you, be accepted in 1 case.  In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 21 consent order applications and 4 surrender applications be granted.  [PPC EXS (A) 1-3]

              In the case of Anthony P. Derrico, Physical Therapist Assistant, Calendar No. 24909, we recommend that wherever the phrase “physical therapy assistant” is used in the application for consent order in this matter, such phrase be deemed corrected and be deemed to read “physical therapist assistant”.

              These recommendations are made following the review of 26 cases involving six licensed practical nurses, five registered professional nurses, two certified public accountants, two pharmacists, one chiropractor, one dentist, one licensed practical nurse who is also a registered professional nurse, one massage therapist, one pharmacy, one physical therapist assistant, one podiatrist, one respiratory therapy technician, one veterinarian, and one veterinary technician.

Restoration Petitions

Voted, that section 6 of the Terms of Probation imposed pursuant the May 16, 2007 order of the Commissioner of Education in the Application of Olga Benitez for restoration of her license to practice as a physician in the State of New York be modified to read as follows:

6. That the applicant, during the period of probation, shall practice medicine only as a salaried physician under supervision in an Article 28 facility, or in another public or private setting, approved by the Director, Office of Professional Medical Conduct, under such supervision as may be approved by the Director, Office of Professional Medical Conduct.

[PPC EXS (A) 4]

              Voted, that the Board of Regents stay the surrender of the certified public accountant license of Jeffrey Alan Schwartz, and place him on probation for a period of two years under specified terms and conditions.  Mr. Schwartz’ license was originally surrendered July 18, 2002.  [PPC EXS (A) 5]

                                           MOTION FOR ACTION BY FULL BOARD

              Madam Chancellor and Colleagues: Your Professional Practice Committee recommends, and we 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 9, 2010, copies of which have been distributed to each Regent.

                                      MATTERS NOT REQUIRING BOARD ACTION

              Your Committee discussed several topics of interest, including:

             

              That concludes my report.

 

REGENTS COMMITTEE ON VOCATIONAL AND EDUCATIONAL SERVICES FOR INDIVIDUALS WITH DISABILITIES

Your VESID Committee held its scheduled meeting on February 8, 2010.   All members were present. 

MATTERS NOT REQUIRING BOARD ACTION

              The Committee was informed about the technology advances that are being used to provide instruction to students with disabilities and how VESID is providing information, training and technical assistance to school districts to learn about and obtain accessible instructional materials to meet the individual needs of students.  Initiatives that VESID has taken on to assist school districts with training and resources to improve student access to technology and accessible instructional materials was also discussed.  (VESID (D) 1)

              The Committee was briefed on the method by which VESID purchases disability-related services for persons with disabilities and the procedures that have been put in place during the first year of the Unified Contract Services (UCS) to assess vendor effectiveness and assist VESID staff in providing cost-effective, quality rehabilitation services. (VESID (D) 2)

             

         That concludes our report. 

 

Appendix I

NEW YORK STATE BOARD OF REGENTS CHARTER ACTIONS

CULTURAL EDUCATION

 

AMEND AND MAKE ABSOLUTE

SARATOGA AUTOMOBILE MUSEUM

Saratoga Springs, Saratoga County

 

A provisional charter was granted to this corporation under the name “Saratoga Antique Auto and Carriage Museum” by action of the Board of Regents on December 11, 1998 to operate a museum. The provisional charter was amended on November 10, 2000 to change the corporate name to “Saratoga Automobile Museum.”  The board of trustees has applied for an amendment to the provisional charter to revise its corporate purposes and to change the corporate address, and that the charter as so amended, be made absolute. The Office of Cultural Education recommends that the provisional charter be amended accordingly, and that the charter, as so amended, be made absolute.

 

AMENDMENT OF CHARTERS

FREE LIBRARY OF THE BELMONT LITERARY AND HISTORICAL SOCIETY

Belmont, Allegany County

An absolute charter was granted to this corporation by action of the Board of Regents on February 9, 1893 to operate a library.  The board of trustees has applied for an amendment to the absolute charter to designate the service area of the library to be the Village of Belmont, to specify the number of trustees to be not less than five nor more than eleven, 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.

NEW YORK STATE ASSOCIATION OF LIBRARY BOARDS

Albany, Albany County

An absolute charter was granted to this corporation under the corporate name “Library Trustees Foundation of New York State,” by action of the Board of Regents on February 25, 1949 to operate a library.  Such absolute charter was amended to change the corporate name to “New York State Association of Library Boards” on September 21, 1973.  The board of trustees has applied for an amendment to the absolute charter to change the corporate name to “Library Trustees Association of New York State,” 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.

PHILOMATHEAN FREE LIBRARY

Belleville, Jefferson County

A provisional charter was granted to this corporation by action of the Board of Regents on December 1, 1904 to operate a library.  Such provisional charter was made absolute by Regents action on September 22, 1910.  The board of trustees has applied for an amendment to the absolute charter to change the designated service area of the library, to specify the number of trustees to be not less than five nor more than fifteen, 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 CHARTER

SARDINIA HISTORICAL SOCIETY

Sardinia, Erie County

The board of trustees has petitioned the Board of Regents to establish a historical society for the Town of Sardinia, County of Erie, and the immediate surrounding area and to establish and maintain the Sardinia Meeting House as a museum.  The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

EXTENSION OF CHARTERS

FINGER LAKES BOATING MUSEUM

Penn Yan, Yates County

A provisional charter was granted to this corporation by action of the Board of Regents on December 19, 1997 to operate a museum.  Such charter was extended on September 10, 2004.  The board of trustees has applied for an extension of the provisional charter.  The Office of Cultural Education 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.

JOHN W. JONES MUSEUM

Elmira, Chemung County

A provisional charter was granted to this corporation by action of the Board of Regents on June 9, 1998 to operate a museum.  Such provisional charter was extended on June 22, 2004.  The board of trustees has applied for an extension of the provisional charter.  The Office of Cultural Education 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.

 

ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

AMENDMENT AND EXTENSION OF CHARTER

COMPREHENSIVE KIDS DEVELOPMENTAL SCHOOL

New York, New York County

A provisional charter was granted to this corporation by action of the Board of Regents on October 23, 2006 to operate a school for children with disabilities.  The board of trustees has applied for an amendment to the provisional charter to change the location of the principal office of the corporation to 383 Grand Street, New York, New York 10002, and that the provisional charter, as so amended, be extended. The Office of Nonpublic School Services recommends that the provisional charter be amended accordingly and, as so amended, 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

THE NATIVITY MIGUEL MIDDLE SCHOOL OF BUFFALO

Buffalo, Erie County

The board of trustees has petitioned the Board of Regents to form a corporation to operate a grade five through eight Catholic school.  The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.

OUR SAVIOUR’S LUTHERAN PRESCHOOL

Brooklyn, Kings County

The board of trustees has petitioned the Board of Regents to form a membership corporation to operate a preschool for children between the ages of 3 and 5.  The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.

 

HIGHER AND PROFESSIONAL EDUCATION

AMENDMENT OF CHARTER

UNIFICATION THEOLOGICAL SEMINARY

Barrytown, Dutchess County

A provisional charter was granted to this corporation by action of the Board of Regents on November 21, 1986.  Such provisional charter was made absolute by Regents action on January 17, 1990.  Such absolute charter was amended on June 20, 2006.  The board of trustees has applied for an amendment to add authority for the College to grant the Master of Arts (M.A.) degree.  The Office of Higher Education recommends that the absolute charter be amended to authorize the corporation to operate postsecondary degree programs registered by the State Education Department and to confer degrees approved and authorized by the Board of Regents in connection with such programs, including the Master of Arts (M.A.) degree.

 

Appendix II

PROFESSIONAL DISCIPLINE CASES

AND 2 RESTORATION PETITIONS

February 8-9, 2010

              The Board of Regents announced disciplinary actions resulting in the revocation of 1 license, surrender of 4 licenses, and 21 other disciplinary actions. The penalty indicated for each case relates solely to the misconduct set forth in that particular case. In addition, the Board acted upon 2 restoration petitions.

I. REVOCATION AND SURRENDERS

Nursing

              Mary L. Reid; Licensed Practical Nurse; Freeport, NY 11520-2320; Lic. No. 142415; Cal. No. 23404; Found guilty of professional misconduct; Penalty: Revocation.

              Georgeann S. Jenkins; Registered Professional Nurse; Rochester, NY 14606; Lic. No. 426501; Cal. No. 24344; Application to surrender license granted.  Summary: Licensee admitted to the charge of diverting large amounts of fentanyl.

              Elizabeth Leonardo a/k/a Elizabeth Leonardo DeMatteo; Registered Professional Nurse; Delmar, NY 12054; Lic. No. 502097; Cal. No. 24910; Application to surrender license granted.  Summary: Licensee admitted to charges of providing false information, of having been convicted of Petit Larceny and Attempted Grand Larceny in the 4th Degree, and of failing to complete 2 terms of probation.

Pharmacy

              Nirav Jitendra Shah; Pharmacist; Sunnyside, Queens, NY 11104; Lic. No. 046105; Cal. No. 24880; Application to surrender license granted.  Summary: Licensee could not successfully defend against the allegation that he, a co-owner, and the pharmacy billed the Medicaid program for furnishing pharmacy services to Medicaid recipients, while engaging in unacceptable practices including: buying back prescriptions that had been billed to Medicaid; diverting prescription drugs from lawful distribution; providing prescriptions in exchange for business referrals; and giving  incentive payments and gifts to Medicaid recipients from January 1, 2005 through December 31, 2007.

Veterinary Medicine

              Susan M. Irwin; Veterinary Technician; New Paltz, NY 12561; Lic. No. 001270; Cal. No. 24647; Application to surrender license granted.  Summary: Licensee admitted to charges of having been convicted of Burglary in the 3rd Degree and Burglary in the 2nd Degree.

 

II. OTHER REGENTS DISCIPLINARY ACTIONS

Chiropractic

Frank Bello; Cliffside Park, NJ 07010; Lic. No. 009998; Cal. No. 24662; Application for consent order granted; Penalty agreed upon: 6 month actual suspension, 18 month stayed suspension, 24 months probation, $3,000 fine.

Dentistry

Tolly Abraham Chovev; Cedarhurst, NY 11516; Lic. No. 038854; Cal. No. 23989; Application for consent order granted; Penalty agreed upon: 1 year actual suspension, upon service of 1 year suspension or upon stay of execution of any unserved portion thereof upon satisfactory submission of certain documentation, 2 years probation to commence upon return to practice, $5,000 fine.

Massage Therapy

John C. Horkheimer; Liverpool, NY 13088; Lic. No. 014064; Cal. No. 24853; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation tolled until return to practice, $500 fine payable within 1 year.

Nursing

Marcus G. Ortiz a/k/a Marcus Ortiz; Licensed Practical Nurse; Bronx, NY 10469; Lic. No. 268699; Cal. No. 23753; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until successfully participate in course of therapy and treatment, upon termination of suspension, 2 years probation to commence if and when return to practice.

Russell Daniel Leibstein; Licensed Practical Nurse; Sayville, NY 11782-1920; Lic. No. 292400; Cal. No. 24765; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation.

Tenesha Shanta Kelly-Roberts; Registered Professional Nurse; Freeport, NY 11520; Lic. No. 491143; Cal. No. 24814; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Lori Jean Ryan; Registered Professional Nurse; Miller Place, NY 11764; Lic. No. 489494; Cal. No. 24821; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Diane T. Davis; Licensed Practical Nurse; Pleasantville, NY 10570; Lic. No. 107109; Cal. No. 24826; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Catherine DeGregorio; Registered Professional Nurse; Queensbury, NY 12804; Lic. No. 469164; Cal. No. 24834; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for no less than 2 years and until fit to practice, upon termination of suspension, 2 years probation to commence upon return to practice, $500 fine payable within 6 months.

Timothy G. Farrell; Licensed Practical Nurse; Penn Yan, NY 14527-1677; Lic. No. 217746; Cal. No. 24845; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Susan Ellen Hawkins; Licensed Practical Nurse, Registered Professional Nurse; Constable, NY 12926; Lic. Nos. 204753, 437374; Cal. Nos. 24863, 24864; Application for consent order granted; Penalty agreed upon: 9 month actual suspension, 15 month stayed suspension, 2 years probation to commence upon return to practice.

James Champlin; Licensed Practical Nurse; Gloversville, NY 12078; Lic. No. 282220; Cal. No. 24881; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

Pharmacy

Bharat Bhushan Mahadeo; Pharmacist; Richmond Hill, NY 11419; Lic. No. 049186; Cal. No. 24829; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until successfully participate in course of therapy and treatment, upon termination of suspension, 2 years probation to commence if and when return to practice, $1,000 fine payable within 3 months.

Rite Aid of New York, Inc.; Pharmacy; 9738 Seaview Avenue, Brooklyn, NY 11236; Reg. No. 022670; Cal. No. 24849; Application for consent order granted; Penalty agreed upon: $10,000 fine, 2 years probation.

Physical Therapy

Anthony P. Derrico; Physical Therapist Assistant; Cohoes, NY 12407; Cert. No. 003212; Cal. No. 24909; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $500 fine.

Podiatry

Alan Jay Cantor; East Meadow, NY 11554; Lic. No. 004818; Cal. No. 24904; Application for consent order granted; Penalty agreed upon: 6 month actual suspension, 18 month stayed suspension, 2 years probation, $5,000 fine.

Public Accountancy

Bruce Hyrny; Certified Public Accountant; Glens Falls, NY 12801; Lic. No. 058210; Cal. No. 24892; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation to commence upon return to practice, $500 fine.

Paul Garret Hannwacker; Certified Public Accountant; Plainview, NY 11803; Lic. No. 068701; Cal. No. 24952; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Respiratory Therapy

John Stephen Obrotka; Respiratory Therapy Technician; Babylon, NY 11702-1216; Lic. No. 002889; Cal. No. 24669; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $1,000 fine.

Veterinary Medicine

Paul D. Fish; Veterinarian; Merrick, NY 11566-5404; Lic. No. 004473; Cal. No. 24788; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $2,500 fine.

 

III. RESTORATIONS

              The Board of Regents voted on February 9, 2010 to stay the surrender of the certified public accountant license of Jeffrey Alan Schwartz, New City, NY 10956, and to place him on probation for a period of two years under specified terms and conditions. Mr. Schwartz’s license was originally surrendered July 18, 2002. 

              The Board of Regents voted on February 9, 2010 to modify the terms of probation imposed on Olga Benitez, Tenafly, NJ 07676, pursuant to the order of the Commissioner of Education dated May 16, 2007 with respect to her application for the restoration of her physician license.