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SUMMARY OF THE MARCH MEETING

OF THE BOARD OF REGENTS

OF

THE UNIVERSITY OF THE STATE OF NEW YORK

Held at the State Education Building

Albany, New York

March 16 and 17, 2009

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, March 16 at 9:40 a.m. and Tuesday, March 17 at 11:50 a.m. pursuant to a call duly sent to each Regent.

MEETING OF THE FULL BOARD, Monday, March 16, 9:40 a.m.

 

Board Members in Attendance:

Robert M. Bennett, Chancellor

Merryl H. Tisch, Vice Chancellor

Saul B. Cohen

James C. Dawson

Anthony S. Bottar

Geraldine D. Chapey

Arnold B. Gardner

Harry Phillips, 3rd

Joseph E. Bowman, Jr.

James R. Tallon, Jr.

Milton L. Cofield

Roger Tilles

Karen Brooks Hopkins

Charles R. Bendit

Lester W. Young, Jr.

              Also present were the Commissioner of Education, Richard P. Mills, Counsel and Deputy Commissioner for Legal Affairs, Kathy Ahearn, and the Secretary, Board of Regents, Anthony Lofrumento.  Regent Betty A. Rosa was absent and excused.

              Chancellor Robert M. Bennett called the meeting to order at 11:50 a.m.

ACTION ITEMS

 

Executive Session Motion

              MOVED, that the Board of Regents convene in Executive Session on Tuesday, March 17 at 8:00 a.m. for the purpose of discussing legal matters.

              Motion by:               Vice Chancellor Merryl H. Tisch

              Seconded by:           Regent Saul B. Cohen 

              Action:                     Motion carried unanimously

 

Professional Practice

Executive Session

              MOVED, that the Board’s decision of February 9, 2009 regarding restoration decision be rescinded and that the matter be remanded to the Professional Practice Committee for further proceedings.

              Motion by:               Anthony S. Bottar

              Seconded by:           Regents Harry Phillips, 3rd and Saul B. Cohen 

              Action:                     Motion carried unanimously

 

Charter Applications for March 2009

BR (A) 1

 

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

              Motion by:               Regent Harry Phillips, 3rd

              Seconded by:           Regent  Saul B. Cohen

              Action:                     Motion carried unanimously 

Summary of the February 2009 Meeting

BR (A) 2

              MOVED, that the Summary of the February 2009 Meeting of the Board of Regents of The University of the State of New York be approved.

              Motion by:               Regent Harry Phillips, 3rd

              Seconded by:           Regent Saul B. Cohen

              Action:                     Motion carried unanimously

DISCUSSION ITEM

Election of Officers

Oral

              The Board met in public session to elect its Chancellor and Vice Chancellor for the period April 1, 2009 through March 31, 2010.  The elections followed procedures adopted by the Board in February 1995.

              MOVED, the nomination of Vice Chancellor Merry H. Tisch for the office of Chancellor.

              Motion by:               Regent Anthony S. Bottar

              Seconded by:           Regent Joseph E. Bowman, Jr.

              Following the nomination and reading of a statement from Vice Chancellor Tisch the Board voted by voice vote.

 

              Vice Chancellor Merryl H. Tisch was elected Chancellor by unanimous vote of the members of the Board, the term of office to be April 1, 2009 – March 31, 2010.

              MOVED, the nomination of Regent Milton L. Cofield for the office of Vice Chancellor.

              Motion by:               Regent Harry Phillips, 3rd

              Seconded by:           Regent James R. Tallon, Jr.

              Following the nomination and an opportunity for the candidate to make a statement the Board voted by voice vote.

              Regent Milton L. Cofield was elected Vice Chancellor by unanimous vote of the members of the Board, the term of office to be April 1, 2009 – March 31, 2010.

             

Stimulus Package

Oral

Commissioner Richard Mills

and Senior Deputy Commissioner Johanna Duncan-Poitier

              This included what is currently known about funding and requirements as well as communication with the field.

              Full Board adjourned at 10:35 a.m.

 

MEETING OF THE FULL BOARD, Tuesday, February 10, 12:35 p.m.

 

Board Members in Attendance:

 

Robert M. Bennett, Chancellor

Merryl H. Tisch, Vice Chancellor

Saul B. Cohen

James C. Dawson

Anthony S. Bottar

Geraldine D. Chapey

Arnold B. Gardner

Harry Phillips, 3rd 

Joseph E. Bowman, Jr.

James R. Tallon, Jr.

Milton L. Cofield

Roger Tilles

Karen Brooks Hopkins

Charles R. Bendit

Lester W. Young, Jr.

              Also present were the Commissioner of Education, Richard P. Mills, Counsel and Deputy Commissioner for Legal Affairs, Kathy Ahearn, and the Secretary, Board of Regents, Anthony Lofrumento.  Regent Betty A. Rosa was absent and excused.

              Chancellor Robert M. Bennett called the meeting to order at 11:50 a.m.

ACTION ITEM

State Education Department February 2009 Fiscal Report

BR (A) 3

                      

              MOVED, that the Board of Regents accept the February 2009 State Education Department Fiscal Report as presented.

              Motion by:               Regent Saul B. Cohen

              Seconded by:           Regent Geraldine D. Chapey

              Action:                     Motion carried unanimously

DISCUSSION ITEM

Proposed Vision and Goals for Regents Technology Plan

BR (D) 1

              Commissioner Mills gave an overview of the Plan shared with the Board. Regents Bowman, Phillips and Bendit provided details about the plan and next steps including the vision, mission and specific goals.

INFORMATION ITEM

Commissioner’s Summary

Oral

              Commissioner Richard P. Mills summarized the meeting, including among other topics, the complex and detailed Stimulus Plan work and planning, teacher tenure gap, technology plan, highly qualified teachers for students with disabilities, exam schedules, differential accountability, special education mandate relief and the transition of leadership on the Board.

STANDING COMMITTEE REPORTS

              MOVED, that the reports from the Regents Standing Committees be approved as submitted.  Including that Regent Tilles recused himself from the Higher Education vote on Briarcliff College.

              Motion by:               Regent James C. Dawson    

              Seconded by:           Regent Saul B. Cohen

              Action:                     Motion carried unanimously

              Chancellor announced the distribution of the 2008 Board Report and made a motion to adjourn and the meeting was adjourned at 12:30 p.m.

REGENTS SUBCOMMITTEE ON AUDITS

Your Regents Subcommittee on Audits met March 16, 2009.

Counsel briefed the Subcommittee on a follow-up action which led to members of a school board coming into compliance with mandatory board training regulations. 

The rest of the meeting was largely focused on the presentation of significant audit findings. The Department administers in excess of $3 billion in federal funds annually. Auditors from Toski, Schaefer, and Co., presented the results of the single audit of the Department administration of federal grant funds. The single audit examines our control systems and control activities to determine if we have complied with federal regulations. For the 2007-08 state fiscal year, the auditors identified four findings. One involved the Child Nutrition Program, two involved VESID, and the fourth the Reading First program.  The auditors described the findings and the Departments corrective actions taken as a result.

We also received a detail briefing on an Office of the State Comptroller’s audit of the Department’s Oversight of Criminal History Background Checks for School Employees. The audit found that Department was not fully monitoring the status of ongoing background checks and that a small number of applications for background checks could not be processed because of data transmission failures or blurred images. Staff from the Office of Higher Education described changes that the Department has made to correct the deficiencies including the routine production of reports that clearly identify applications that are taking too long and that may require intervention.

We were briefed on the fiscal condition of the Hempstead Union Free School District.  The District has a negative fund general fund balance and as such is considered to be in fiscal stress. The District also has a negative School Lunch Fund deficit which District officials are planning to pay off over a ten year period. As recently as 2003-04, the District had a strong positive fund balance; however, the lowering of tax rates and other factors led to its current fiscal condition. The Members of the Subcommittee asked that the monitoring continue and that they be updated at the June meeting.

The Subcommittee was presented with 14 audits in addition, to those already mentioned. The findings were in the areas of procurement, cash, information technology, financial reporting, reserve funds, payroll, claims processing, segregation of duties, budgeting, and the effectiveness of audit services.

I have attached the results of the full Review of Audits presented by the Department’s Internal Audit Workgroup for your information.

 

REGENTS COMMITTEE ON CULTURAL EDUCATION

 

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

Your Committee on Cultural Education had its scheduled meeting on March 16, 2009.

In attendance were: Regents Dawson, Bowman, Brooks Hopkins, Gardner, Phillips, and Tilles.

 

ITEMS FOR DISCUSSION

Chair’s Remarks: Regent Dawson greeted everyone and opened the meeting with an update regarding legislative visits and libraries.

Deputy’s Report: Deputy Commissioner Jeffrey Cannell greeted everyone and talked briefly about the Deputy’s Monthly Report that had been electronically distributed to the Board on Regents prior to the March meeting.  Hard copies of monthly report were provided for meeting attendees.  In April, the Cultural Education Committee will discuss funding formula for Educational Broadcast Councils and Public Radio Stations.

  • CE (D) 1 - Proposed Amendments to Commissioners Regulations 90.3 for Coordinated Outreach, Adult Literacy Grants and Family Literacy Grants

Bernard Margolis, State Librarian and Assistant Commissioner for Libraries provided a brief update related to the proposed amendments to Commissioners Regulation 90.3 for the following three statutory programs in Education Law 273:

  • Coordinated Outreach Services Formula State Aid to Public Library Systems
  • Family Literacy Library Services Competitive Grants
  • Adult Literacy Library Services Competitive Grants

Mr. Margolis introduced Cassandra Artale, Library Development Specialist and Team Leader for the Education, Literacy and Outreach Services Team in the State Library’s Division of Library Development, who presented, in detail, information relative to the proposed amendments to CR90.3 that will conform Commissioners Regulations to 2005 amendments to Education Law Section 273 and will also update and clarify program terminology and requirements.  Ms. Artale provided additional background information and how the revisions would impact each of three statewide programs.

On January 13, 2009 the State Library informally shared a draft copy of the proposed amendments to CR90.3 with 1,200 members of the library community and invited comments. The revisions have been posted to the State Register with comments due to Jeffrey Cannell, Deputy Commissioner for Cultural Education, by May 4, 2009.

These Proposed Amendments to Commissioners Regulations 90.3 for Coordinated Outreach, Adult Literacy Grants and Family Literacy Grants will come before the CE Committee in May and if approved, will have an effective date of June 11, 2009.

  • CE (D) 2 - Action item - Proposed Emergency Amendment of Regents Rules Section 3.27, Relating to Collections Management

Regent Dawson stated that the proposed amendment was previously discussed by our Committee and adopted by the Full Board as an emergency action in December.   Clifford Siegfried, Director and Assistant Commissioner for Museums presented, for discussion, the proposed emergency re-adoption of the December 2008 emergency regulation to the CE Committee.  This amendment clarifies restrictions on the deaccessioning of items and materials in a museum or historical society's collections, and is consistent with generally accepted professional and ethical standards within the museum and historical society communities.  The proposed emergency amendment of Regents Rules Section 3.27, Relating to Collections Management will go before the Full Board for action at the March 17 meeting.  It was noted that the emergency provisions would apply to chartered museums and historical societies authorized to own and hold collections under Rule §3.27.

David Palmquist and Richard Trautwein provided additional information regarding changes and impact.  It was stated that the State Education Department staff, the Museum Association of NY and museum constituents have been working with Assemblyman Richard Brodsky, chair of Corporations, Authorities and Commissions, to develop legislation for collections management applicable to all museums and collecting institutions. 

Because of the timing of Regents meetings, the 60-day emergency action adopted today will expire before the May Regents meeting; therefore, another emergency amendment will come before the April Regents meeting for consideration.  Once the legislative language is finalized, a proposed amendment that conforms to the legislative language will come before the CE Committee at its June meeting.

Motion by: Regent Tilles

Seconded by: Regents Bowman and Brook Hopkins

Action:  Motion carried unanimously

A brief update related to the Rochester Historical Society was also presented to the Committee.

 

REGENTS COMMITTEE ON ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

Your EMSC Committee held its scheduled meeting on March 16, 2009.  All Committee members were present, except for Regent Rosa who was excused.

ACTION ITEMS

Charter Schools

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) 1]

Your Committee recommends that the Board of Regents approves the revisions to the initial charter of the Future Leaders Institute Charter School as proposed by the Chancellor of the city school district of the City of New York, and the provisional charter is amended accordingly.   [EMSC (A) 2]

Your Committee recommends that the Board of Regents approves the revisions to the initial charter of the Community Roots Charter School as proposed by the Chancellor of the city school district of the City of New York, and the provisional charter is amended accordingly.   [EMSC (A) 3]

Your Committee recommends that the Board of Regents approves the revision to the initial charter of the Harlem Success Academy Charter School, and the provisional charter is amended accordingly.   [EMSC (A) 4]

Your Committee recommends that the Board of Regents approves the revisions to the initial charter of the Hyde Leadership Charter School as proposed by the Chancellor of the city school district of the City of New York, and the provisional charter is amended accordingly.   [EMSC (A) 5]

Your Committee recommends that the Board of Regents approves the revisions to the initial charter of the New Heights Academy Charter School as proposed by the Chancellor of the city school district of the City of New York, and the provisional charter is amended accordingly.    [EMSC (A) 6] 

 

MOTION FOR ACTION BY FULL BOARD

            

              Mr. Chancellor and Colleagues:  Your EMSC 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 March 17, 2009, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

Coaching Requirements and Extension of Eligibility for Interscholastic Athletics – The Regents discussed regulations relating to the requirements for elementary physical education for schools that have grades 5 and 6 in the middle school; clarification of the appointment of coaches to include paid and non-paid coaches; extension of time to complete the required courses from 5 to 7 years; authority to extend time to complete the coaching course requirements for individuals who have had a lapse in service due to extenuating circumstances; and student athletic eligibility.  These regulations will be brought back to the Regents for approval at their May meeting.   [EMSC (D) 1]

Grades 3-8 Testing Policy Overview – The Regents continued their policy discussion on issues related to the Grades 3-8 test administration.  This month the discussion focused on the extensive feedback collected from the online survey, with more than 22,500 responses received.  The information sought included information on possible rescheduling of the exams to a different time of year as well as how the tests should be scored and the format of test questions.  The Committee was provided an overview of the survey results.  Based on that discussion, staff will share the survey results with the field and identify possible scheduling options for final feedback from the field.  Staff plan to propose options on test scheduling for the Regents consideration in April or May.   [EMSC (D) 2]

Differentiated Accountability Model and Connections to Streamlined Regulatory Structure – The Senior Deputy gave a report on the major efforts underway to streamline the Department’s regulatory process:

  • An internal examination of data collection to identify opportunities to eliminate duplication.
  • An inventory of all plans required from school districts by statute or regulation – work with the Legislature to eliminate unnecessary reports required by statute and amend regulation to eliminate those required by regulation.
  • Creation of a one-stop clearinghouse for superintendents and other school leaders for all requirements.
  • The new Differentiated Accountability system which will be an important part of New York’s streamlined accountability system.  Under this new accountability system the Department will be able to:

 

  • Reduce the current number of school accountability categories from 19 to 8.
  • Allow for differentiation in the improvement process – no more one size fits all.
  • Free-up staff resources to provide assistance to schools 
  • Strengthen the capacity of districts to assist schools.
  • Empower parents by increasing combined participation in Public School Choice (PSC) and Supplemental Educational Services (SES) by offering SES in the first year of a school’s identification for improvement and school choice only after an identified school has failed to make AYP.
  • Maximize SED’s limited resources.  

[EMSC (D) 3]

Ten-Year Report on Charter Schools in New York State – At their January 2009 meeting, the Board of Regents suggested that a comprehensive, research-based report is needed that looks at whether charter schools have met the goals of the legislation and other issues.  This month, the Committee was provided a list of possible issues for inclusion in this report that were suggested by members of the Board of Regents and the field.  Staff are having conversations with the Education Finance Research Consortium (EFRC) to determine if they could undertake some or all of the research necessary to produce such a report, if the necessary data is available and what the timeline would be for providing the data and producing the report.  Results of those conversations will be brought back to the Committee at their April meeting.  [EMSC (D) 4]

Policy Activity Follow-up – Senior Deputy Commissioner Johanna Duncan-Poitier provided the Committee with an update on urban teachers and the upcoming workgroup meeting to be held on March 19th at the American Museum of Natural History in New York City.   The Workgroup on Urban Teaching has begun to focus on teacher practices that have had a demonstrated impact on improving student learning. 

 

REGENTS COMMITTEE ON HIGHER EDUCATION

              Your Higher Education Committee held its scheduled meeting on March 16, 2009.  All members were present.

Consent Agenda

Your Committee recommends that the Board of Regents amend section 145-2.15 of the Regulations of the Commissioner of Education relating to the Administration of Ability-to-Benefit Tests for Purposes of Eligibility for Awards of Student Aid, effective April 9, 2009.  [HE (CA) 1]

Action Items

              Your Committee recommends that the Board of Regents continue accreditation of the teacher education programs offered by Wells College for a period beginning immediately and ending on March 14, 2012, with the condition that the annual reports confirm satisfactory progress in all areas for improvement and demonstrate sustainability, which include, but are not limited to 1) adequacy of faculty; 2) an effective systematic assessment system that informs program improvements; 3) field experiences in high-need schools; and 4) adequate resources to support the teacher education programs.   [HE (A) 1]

              Your Committee recommends that the Board of Regents authorize Briarcliffe College – Bethpage and Patchogue campuses to award the Bachelor of Science (B.S.) degree and approve a master plan amendment to authorize the College to offer a B.S. degree program in Criminal Justice.  [HE (A) 2]

Your Committee recommends that that the Board of Regents approves The City University of New York Master Plan, 2008-2012 for incorporation into the Statewide Plan for Higher Education.  The Committee was joined for this discussion by members of CUNY leadership: Alexandra Logue, Interim Executive Vice Chancellor and University Provost; Russell K. Hotzler, President, New York City College of Technology; Garrie W. Moore, Vice Chancellor for Student Development; Elliott Dawes, Director, CUNY Black Male Initiative; Christopher Rosa, University Director of Student Affairs for Disability and Veterans Services, and David Crook, University Dean for Institutional Research and Assessment.   Interim Vice Chancellor Logue presented a report entitled, “Trends in Student Enrollment, Preparation and Performance at the City University of New York.”  The Committee raised questions on alternative pathways for teacher certification, the tracking of students and dropouts, and transfer rates between SUNY and CUNY.  CUNY is in the planning process for a new community college that will focus on associate degree students and helping them succeed.   The Committee was also provided information on the CUNY/VESID partnership, the Black Male Initiative, and how success is measured for these targeted populations. When asked what the Board of Regents can do to assist CUNY in meeting its goals, the panel indicated that continued development of the P-16 data system will provide the data necessary to track students and report on student, program and college success.    [HE (A) 3]

MOTION FOR ACTION BY FULL BOARD

              Mr. Chancellor and Colleagues:  Your Higher Education 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 March 17, 2009, copies of which have been distributed to each Regent.

 

MATTERS NOT REQUIRING BOARD ACTION

Teacher Tenure regulations – The Committee was provided with information on draft emergency regulations that will be brought to them for discussion at the April meeting of the Higher Education Committee.  A recent Commissioner’s decision under Section 310 of the Education Law uncovered a long-standing gap in the Department’s teacher tenure regulations. Specifically, following this decision it became apparent that the existing regulations call for a teacher to accrue tenure in his/her tenure area, and that the teacher must be employed as a classroom teacher for at least 40 percent of his/her time.  This is a problem for those individuals that have been asked to take on assignments such as curriculum specialists, professional developers, committee chairs, and other special assignments.  If those individuals are not employed as classroom teachers for at least 40 percent of their time, they cannot accrue additional time to the tenure area of their base certificate.  This will impact on the seniority rights of many teachers and any contemplated reductions in the workforce to respond to economic conditions.    A memo is going to the field asking districts to wait until the Regents have acted on these emergency regulations in April before finalizing staffing plans for the 2009-10 school year.  Meetings with key constituency groups will be held in the next week or so to ensure that the final emergency regulations are been fully vetted and all concerns are considered. 

Structure and Content of Programs and Certificates for Teachers of Students with Disabilities (SWD) - The Committee discussed proposed recommendations for restructuring the certification of teachers of students with disabilities to address shortages, particularly in Grades 7-12.    The Department received extensive feedback and input from the field during the two-year process of developing these recommendations as well as reviewing how other states structure their certification systems.  The recommendations are:

  • Expand the SWD Early Childhood range to Birth to Grade 3.
  • Expand the SWD Childhood range to include Pre-K and K.
  • Recast the SWD Adolescence (7-12) credential to create a single SWD Adolescence Generalist certificate that includes a multidisciplinary core.
  • Strengthen the requirement for collaboration.
  • Strengthen requirements for understanding the needs of students with disabilities.
  • Expand movement between students with disabilities certification and retain the current path for general educators to become certified special education teachers.
  • Eliminate the SWD 5-9 certificate.

The Committee asked for additional clarification on some of the data concerning teacher shortages as well as a better understanding of the input received from the field and all options available. [HE (D) 1]

 

                            REGENTS COMMITTEE ON PROFESSIONAL PRACTICE

Your Professional Practice Committee held its scheduled meeting on March 17, 2009.  All Committee members were present. 

 

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 6 cases.  In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 29 consent order applications and 4 surrender applications be granted.  [PPC EXS (A) 1-3]

              These recommendations are made following the review of 39 cases involving six licensed practical nurses, five registered professional nurses, four licensed practical nurses who are also registered professional nurses, three pharmacists, three pharmacies, two dentists, two veterinarians, one architect one certified public accountant, one dentist who is also a holder of a certificate of dental anesthesia, one massage therapist, one occupational therapist, one professional engineer, one psychologist, one respiratory therapist, and one veterinary professional corporation.

Restorations

              Your Committee recommends that the Board of Regents approve the following recommendations of the Committee on the Professions with respect to applications for the restoration of professional licenses:

  • Voted, that the Order of Surrender of Michael Gawel’s license to practice as a certified public accountant in the State of New York be stayed and that he be placed on probation, under the terms recommended in the Terms of Probation of the Peer Committee, for a period of one year, and that, upon successful completion of the probationary period, his CPA license be fully restored.  [PPC EXS (A) 4]
  • Voted, that the Order of the Commissioner of Health accepting the surrender of Dr. Marvin Galler’s physician license be stayed, that he be placed on probation for a period of five years in accordance with the Terms of Probation of the Committee on the Professions, and that upon satisfactory completion of the probationary period, his medical license be fully restored.  [PPC EXS (A) 5]
  • Voted, that the Order of Revocation of Earl M. Kabnick’s license to practice as a physician in the State of New York be stayed and that he be placed on probation, under the terms specified in the Terms of Probation of the Committee on the Professions, for a period of five years, at the beginning of which he must complete a preceptorship, mini-residency in radiology, or retraining program, described in the Terms of Probation, and that, upon satisfactory completion of the probationary period, his medical license be fully restored.   [PPC EXS (A) 6]
  • Voted, that the application of Marc David Wilson for restoration of his license to practice as a registered professional nurse in the State of New York be granted without restriction or limitation.  [PPC EXS (A) 8]

              Your Committee further recommends that the Board of Regents approve the recommendation of the Peer Committee with respect to the application of Richard Levin for the restoration of his license to practice as a dentist in the State of New York, that the order of surrender of his license be stayed, and that he be placed on probation for a period of seven years, under terms and conditions specified in the Terms of Probation of the Peer Committee, and that, upon satisfactory completion of the probationary period, his dental license be fully restored.  [PPC EXS (A) 7]

Consent Agenda

              Your Committee recommends that the Board of Regents approve the recommendations of the Committee on the Professions regarding licensing petitions.  [PPC (CA) 1]

              Your Committee recommends that the Board of Regents approve the appointments and reappointments of members to the State boards for the professions, Board for Professional Medical Conduct, and appointments and reappointments of extended members to the State boards for the professions for service on licensure disciplinary and/or licensure restoration and moral character panels.  [PPC (CA) 2] 

 

MOTION FOR ACTION BY FULL BOARD

              Mr. 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 March 17, 2009, copies of which have been distributed to each Regent.

 

MATTERS NOT REQUIRING BOARD ACTION

              Your Committee discussed several topics of interest, including:

  • Associate Commissioner’s Report – The Associate Commissioner provided updates on recent events and activities of the Office of the Professions, including the OP budget/fiscal situation, implementation of recent legislation relating to the practice of public accountancy, and ongoing efforts to resolve issues relating to the licensure and practice of social workers, mental health practitioners, and psychologists.  [Oral Report]
  • Foreign Medical School Education – The Committee participated in a discussion of the authority and roles of the Board of Regents and the State Education Department in the acceptance of professional education obtained in medical schools located outside the United States for licensure purposes.  [PPC (D) 1]

 

REGENTS COMMITTEE ON VOCATIONAL AND EDUCATIONAL SERVICES FOR INDIVIDUALS WITH DISABILITIES

Your VESID Committee held its scheduled meeting on March 16, 2009.   All members were present with the exception of Regent Rosa who was excused.  Chancellor Bennett, Regents Brooks Hopkins, Phillips and Young also attended.

 

MATTERS REQUIRING BOARD ACTION

              The Board voted to approve the proposed amendments to the Personnel Regulations of the Commissioner of Education relating to State Schools for the Deaf and Blind at Rome and Batavia.  (VESID (CA) 1)

              The Board voted to approve, for permanent adoption, the proposed amendment of sections 200.4 and 200.5 of the Regulations of the Commissioner of Education relating to the use of the State’s forms for individualized education programs (IEPs), meeting notices and prior written notices (notices of recommendation), effective April 9, 2009 and a third emergency adoption which was necessary to ensure that the January 2009 emergency rule  remains continuously in effect until the effective date of its adoption as a permanent rule.  (VESID (A) 1)

         

MATTERS NOT REQUIRING BOARD ACTION

Deputy Commissioner Cort provided the Committee with additional information, including data on the practices of other states, on two of the recommended potential cost-saving mandate relief proposals that were discussed at the February meeting for which additional information was requested – Minimum Level of Service Requirements for Speech and Language as a related service and the Statute of Limitations for requesting Due Process Hearings.   The Committee supported staff moving forward in preparing draft regulations and seeking public comment with regard to reducing the frequency and minimum level of service requirements for speech and language services under certain conditions and moving forward on proposing an amendment to State law and seeking public comment with regard to reducing to 180 days the statute of limitations for requesting Due Process Hearings for parents seeking tuition reimbursement.  (VESID (D) 3)

Staff provided a report to the Committee on interagency partnerships and leading key initiatives aimed at improving employment outcomes for individuals with disabilities in New York State including the Most Integrated Setting Coordinating Council (MISCC) Employment Committee and the VESID Veterans Service Action Plan.  (VESID (D) 2)

Staff discussed with the Committee proposed amendments to the Regulations of the Commissioner that would conform them to federal regulations and New York State Social Services Law and Mental Hygiene Law.  It is necessary for the State to amend its regulations to conform to federal requirements as part of its eligibility for federal funding. 

The substantive proposed amendments to conform to federal regulations and NYS statute would: add the definition of declassification support services consistent with the definition of such term in section 3202(i)(2) of the Education law; conform State regulations to federal requirements relating to participation in regular class, parent consent, including revocation of parent consent for special education and related services, and meeting notice; repeal language in the prior notice requirements relating to provision of a free appropriate public education after graduation with the receipt of a local high school or Regents diploma to be consistent with Education Law; and conform State regulations to Chapter 323 of the NYS Laws of 2008 relating to procedures for prevention of abuse, maltreatment or neglect of students in residential placements. (VESID (D) 1)

The Committee was reminded that VESID will be having a regional meeting in April in Yonkers on April 29 from 2:00 – 4:00 p.m. at the Yonkers Board of Education.

Appendix I

NEW YORK STATE BOARD OF REGENTS CHARTER ACTION

 

Cultural Education

ABSOLUTE CHARTER

ALFRED BOX OF BOOKS LIBRARY

Alfred, Allegany County

A provisional charter was granted to this corporation by action of the Board of Regents on April 29, 2003 to operate a library.  The board of trustees has applied for an absolute charter.  The Office of Cultural Education recommends that the provisional charter be made absolute.

AMENDMENT OF CHARTERS

THE DOLL AND TOY MUSEUM OF NEW YORK CITY

Brooklyn, Kings County

A provisional charter was granted to this corporation by action of the Board of Regents on July 16, 1999 to operate a museum.  The board of trustees has applied for an amendment to the provisional charter to change the corporate name to “The Toy Museum of NY” and, as so amended, be extended.  The Office of Cultural Education recommends that the provisional charter be amended accordingly and, as so amended, 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.

HIGHLAND FALLS LIBRARY

Highland Falls, Orange County

An absolute charter in the first instance was granted to this corporation by action of the Board of Regents on December 17, 1896 to operate a library.  Such absolute charter was amended by Regents action on May 24, 1979.   The board of trustees has applied for an amendment to the absolute charter to change the number of trustees to be not less than five nor more than fifteen and to designate the Commissioner of Education as the agent of the corporation for the purpose of service of process. The Office of Cultural Education recommends that the absolute charter be amended accordingly.

TOWN OF JOHNSBURG LIBRARY

North Creek, Warren County

A provisional charter was granted to this corporation by action of the Board of Regents on September 19, 1997 to operate a library.  Such provisional charter was made absolute by Regents action on December 13, 2002.  The board of trustees has applied for an amendment to the absolute charter to change the number of trustees to be not less than five nor more than eleven and to change the length of the terms of the trustees so that they shall be appointed by the town board for a full term of three years.  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

 

ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

EXTENSION OF CHARTERS

FUNSHINE NURSERY SCHOOL

Red Hook, Dutchess County

A provisional charter was granted to this corporation by action of the Board of Regents on September 13, 2002 to conduct a nursery school for preschool children; to operate a summer program; and to operate a toddler program.  Such provisional charter was extended by Regents action on December 9, 2005.  The board of trustees has applied for an extension to the provisional charter.  The Office of Nonpublic School Services recommends that the provisional charter be extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

OUR REDEEMER LUTHERAN SCHOOL OF AQUEBOGUE

Aquebogue, Suffolk County

A provisional charter was granted to this corporation by action of the Board of Regents on November 4, 1994 to operate a nursery school for children from three to five years of age, a kindergarten for five-year-olds, a grades one through six elementary school, a before and after school care program for children from five to twelve years of age and a summer day camp for children from three to twelve years of age.  Such provisional charter was amended and extended by Regents action on November 11, 2000 and June 22, 2004. The board of trustees has applied for an extension to the provisional charter.  The Office of Nonpublic School Services recommends that the provisional charter be extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

PROVISIONAL CHARTER

THE POPE JOHN PAUL II FAMILY ACADEMY

Brooklyn, Kings County

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

AMENDMENT OF CERTIFICATE OF INCORPORATION

THE NEW YORK STATE ASSOCIATION OF INDEPENDENT SCHOOLS

Lake Placid, Essex County

A provisional charter was granted to this corporation by action of the Board of Regents on October 25, 1968.  Such provisional charter was replaced with a certificate of incorporation by Regents action on February 28, 1974.  Such certificate of incorporation was amended by Regents action on July 25, 1980.   The board of trustees has applied for an amendment to the certificate of incorporation to change the principal office of the corporation to 12 Jay Street, Schenectady, New York, to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3) and restate the corporate purpose in their entirety as follows:  To promote the well-being and public regard for the independent schools of the State of New York and to safeguard the interests of these schools in the matter of legislation and regulation; to foster mutually beneficial relations with The New York State Education Department and other educational agencies; to serve as the New York State member association of the National Association of Independent Schools and to assist member schools in maintaining standards of excellence; to exchange information about new methods and new practices and to encourage activities for the purpose of keeping our education work updated and current; to provide service and leadership to the communities of which we are a part; and to authorize the corporation to evaluate and accredit nursery schools, kindergartens, elementary and secondary schools operating within the State of New York and, as concerns New York corporations with branches in other states and countries, to evaluate and accredit those consistent with the laws, rules and regulations of host states and countries.  The Office of Nonpublic Schools Services recommends that certificate of incorporation be amended accordingly.

HIGHER AND PROFESSIONAL EDUCATION

AMENDMENT OF CHARTER

BARD COLLEGE

Red Hook, Dutchess County

This corporation was incorporated pursuant to the provisions of Chapter 89 of the Laws of 1860 under the corporate name “The Trustees of St. Stephen’s College” on March 20, 1860.  Such absolute charter was amended pursuant to the provisions of Chapter 125 of the Laws of 1860, Chapter 254 of the Laws of 1861, Chapter 196 of the Laws of 1865, Chapter 773 of the Laws of 1866, Chapter 206 of the Laws of 1920, Chapter 224 of the Laws of 1927, Chapter 316 of the Laws of 1934 and Chapter 669 of the Laws of 1939 and was amended by action of the Board of Regents on March 15, 1935 to change the corporate name to “Bard College” and on April 29, 1966 to restate the charter in its entirety.  Such corporation was merged with and absorbed Simon’s Rock Early College, a Massachusetts not-for-profit corporation formed in 1964, pursuant to consent of the Regents granted on August 14, 1984.  The absolute charter of such merged corporation was further amended by Regents action on September 14, 1990, May 21, 1993, September 19, 1997, September 13, 2002 and December 12, 2002.  The board of trustees has applied for an amendment to the absolute charter to add authority for the corporation to confer the degree of Master of Philosophy (M. Phil.) at its branch campus at 18 West 86th Street, New York, New York. The Office of Higher Education recommends that the absolute charter be amended accordingly.

 

APPLICATION FOR REGENTS CONSENT TO FILE A CERTIFICATE OF ASSUMED NAME

NEW YORK STUDIO SCHOOL

New York City, New York County

A provisional charter was granted to this corporation by action of the Board of Regents on May 20, 2008 to operate a school for the teaching of painting, drawing and sculpture, and all the branches of the plastic and graphic arts; to provide specialist and advanced level art instruction and ancillary community and professional support programming; to promote the public’s knowledge and understanding of art and artists; offer credit-bearing courses leading to the awarding of Master of Fine Arts degree.  Such provisional charter was consolidated by Regents action on May 20, 2008 with New York Studio School of Drawing, Painting and Sculpture, Inc. a Not-For-Profit Corporation Law (NPCL).  The board of trustees has requested that the Board of Regents consent to the filing of a certificate of assumed name pursuant to General Business Law §130 to authorize the corporation to use the assumed name “New York Studio School of Drawing, Painting and Sculpture”.  The Office of Higher Education recommends that the consent of the Board of Regents to the filing of such certificate of assumed name be granted.

 

Appendix II

REGENTS ACTIONS IN 39 PROFESSIONAL DISCIPLINE CASES

AND 5 RESTORATION PETITIONS

March 16-17, 2009

The Board of Regents announced disciplinary actions resulting in the revocation of 1 license, surrender of 4 licenses, and 34 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 5 restoration petitions.

I. REVOCATION AND SURRENDERS

Engineering and Land Surveying

Paul Kenneth Hinkley; Professional Engineer; Fort Dix, NJ 08640; Lic. No. 049789; Cal. No. 24343; Application to surrender license granted. Summary: Licensee admitted to charges of having been convicted of Attempted Enticement of a Minor to Engage in Illegal Sexual Activity and Traveling in Interstate Commerce for the Purpose of Engaging in Illicit Sexual Conduct, both felonies.

Nursing

Wendy Lynn Paniccia; Licensed Practical Nurse, Registered Professional Nurse; Rochester, NY 14624-2273; Lic. Nos. 256916, 548990; Cal. Nos. 24075, 24076; Application to surrender licenses granted. Summary:  Licensee admitted to the charge of taking controlled substances for her own use.

Marne Cook Bigelow; Licensed Practical Nurse; Hudson Falls, NY 12839-2641; Lic. No. 176664; Cal. No. 24123; Application to surrender license granted. Summary:

Licensee did not contest charges of having been convicted of Grand Larceny in the 3rd Degree and Offering a False Instrument for Filing in the 1st Degree.

Pharmacy

Dinesh Dayabhai Shah; Woodbury, NY 11797; Lic. No. 037723; Cal. No. 24210; Found guilty of professional misconduct; Penalty: Revocation.

 

II. OTHER REGENTS DISCIPLINARY ACTIONS

 

Architecture

Victor Ki Suk Han; Bayside, NY 11358; Lic. No. 028349; Cal. No. 24244; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $5,000 fine.

Dentistry

Ramoncito Cruz Benito; Dentist; Rahway, NJ 07065; Lic. No. 048645; Cal. No. 23863; Application for consent order granted; Penalty agreed upon: Partial actual suspension in certain area until successfully complete course of retraining in that certain area, 1 year probation, $2,500 fine.

Jeffrey R. Burkes; Dentist, Dental Anesthesia; New York, NY 10022; Lic. No. 031877, Cert. No. 000373; Cal. Nos. 24026, 24082; Found guilty of professional misconduct; Penalty: 2 year suspension, execution of suspension stayed, probation 2 years.

Terry Edward Grant; Dentist; Hempstead, NY 11550; Lic. No. 042150; Cal. No. 24476; Application for reconsideration granted, as set forth in Regents Review Committee report.

Massage Therapy

Im Yon Chu; Ridgewood, NJ  07450; Lic. No. 014585; Cal. No. 24218; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation, $10,000 fine.

Nursing

Jo Ann T. Putaggio; Registered Professional Nurse; East Meadow, NY 11554; Lic. No. 409067; Cal. No. 23719; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $2,500 fine.

Mary Helene Callahan-Shane a/k/a Mary Helene Callahan; Licensed Practical Nurse, Registered Professional Nurse; Staten Island, NY 10314; Lic. Nos. 207588, 423598; Cal. Nos. 24017, 24178; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

Bernadette Johanna Linnane; Licensed Practical Nurse; Middle Village, NY 11379; Lic. No. 243017; Cal. No. 24192; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

Danielle Lynn Manzione; Licensed Practical Nurse; Dover Plains, NY 12522; Lic. No. 265644; Cal. No. 24203; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation to commence if and when return to practice, $500 fine payable within 5 months.

Annette L. DeShong; Licensed Practical Nurse; Jamaica, NY 11433; Lic. No. 117267; Cal. No. 24229; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $500 fine.

Meong He Christina Suh; Registered Professional Nurse; Flushing, NY 11355-3943; Lic. No. 557762; Cal. No. 24231; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Benedicto Solatorio Tolentino; Registered Professional Nurse; Bayonne, NJ 07002; Lic. No. 537566; Cal. No. 24232; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Sarah Jane Pascual Gloria; Licensed Practical Nurse, Registered Professional Nurse; Bergenfield, NJ 07621; Lic. Nos. 283182, 569373; Cal. Nos. 24234, 24233; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Sheila N. Hammond; Licensed Practical Nurse; Bronx, NY 10457-4406; Lic. No. 281267; Cal. No. 24254; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $250 fine.

Elyse J. Flader; Registered Professional Nurse; Stony Brook, NY 11790; Lic. No. 266800; Cal. No. 24269; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

Jacqueline Andrea Elizabeth Hew; Licensed Practical Nurse; Elmont, NY 11003; Lic. No. 198944; Cal. No. 24286; Application for consent order granted; Penalty agreed upon: 6 month actual suspension, 18 month stayed suspension, 2 years probation, 100 hours public service.

Marilyn C. Gobern; Licensed Practical Nurse, Registered Professional Nurse; Bronx, NY 10475; Lic. Nos. 091512, 270179; Cal. Nos. 24296, 24297; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

Kristi L. Sisco; Registered Professional Nurse; Port Jervis, NY 12771; Lic. No. 509357; Cal. No. 24360; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice, upon termination of suspension 2 years probation to commence when and if return to practice, $500 fine payable within 5 months.

Occupational Therapy

Diane Lynn DeMonja; Occupational Therapist; Fredonia, NY 14063; Lic. No. 004825; Cal. No. 22845; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.



Pharmacy

Rite Aid of New York, Inc.; Pharmacy; 815 East Tremont Avenue, Bronx, NY 10460; Reg. No. 023584; Cal. No. 23831; Application for consent order granted; Penalty agreed upon: $10,000 fine, 1 year probation.

José L. Colón; Shrub Oak, NY 10588; Lic. No. 028644; Cal. No. 23947; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Javed Azmat; Whitestone, NY 11357; Lic. No. 029428; Cal. No. 24160; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, 1 year probation, $1,500 fine.

Rite Aid of New York, Inc. 10846 d/b/a Eckerd Corporation; Pharmacy; 307 Hamilton Street, Geneva, NY 14456; Reg. No. 023903; Cal. No. 24220; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, $10,000 fine payable within 2 months.

Rite Aid of New York, Inc.; Pharmacy; 1518 Westchester Avenue, Bronx, NY 10472; Reg. No. 024293; Cal. No. 24276; Application for consent order granted; Penalty agreed upon: $10,000 fine payable within 3 months.

 

Psychology

Raymond Alan Bodensieck; Clifton Park, NY 12065; Lic. No. 010453; Cal. No. 24002; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $5,000 fine.

 

Public Accountancy

Delroy Melvin Johnson; Certified Public Accountant; Rosedale, NY 11422; Lic. No. 058076; Cal. No. 24205; Application for consent order granted; Penalty agreed upon: 6 month actual suspension, 18 month stayed suspension, 24 months probation, $2,500 fine.

Respiratory Therapy

Thomas Chavez; Respiratory Therapist; Queens Village, NY 11427; Lic. No. 001096; Cal. No. 24185; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation.

 

Veterinary Medicine

Salah E. Hassan; Veterinarian; East Meadow, NY 11554; Lic. No. 007677; Cal. No. 23129; Found guilty of professional misconduct; Penalty:  24 month suspension, execution of last 18 months of suspension stayed, probation 24 months to run concurrently with said suspension, commence and complete certain course of education within first 12 months of said probation or commence and complete certain training within first 12 months of said probation, $2,000 fine.

Astoria Animal Clinic, P.C.; 25-64 Steinway Street, Astoria, NY 11103; Cal. No. 23130; Found guilty of professional misconduct; Penalty: 2 year suspension, execution of suspension stayed, probation 2 years, $2,000 fine.

Guy R. Hammond; Veterinarian; Bath, NY 14810; Lic. No. 008209; Cal. No. 24256; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,000 fine.

III. RESTORATIONS

The Board of Regents voted on March 17, 2009 to stay the revocation of the physician license of Marvin Galler, Boca Raton, FL 33496, and to place him on probation for a period of five years under specified terms and conditions. Dr. Galler’s license was originally surrendered June 18, 2002. 

The Board of Regents voted on March 17, 2009 to stay the revocation of the certified public accountant license of Michael Gawel, Niagara Falls, NY 14304, and to place him on probation for a period of one year under specified terms and conditions. Mr. Gawel’s license was originally surrendered December 11, 1998.

The Board of Regents voted on March 17, 2009 to stay the revocation of the physician license of Earl M. Kabnick, New Rochelle, NY 10804, and to place him on probation for a period of five years under specified terms and conditions. Dr. Kabnick’s license was originally revoked August 11, 1994.

The Board of Regents voted on March 17, 2009 to stay the surrender of the dentist license of Richard Levin, Rochester, NY 14618, and to place him on probation for a period of seven years under specified terms of conditions. Dr. Levin’s license was originally surrendered February 11, 2003.

The Board of Regents voted on March 17, 2009 to grant the restoration of the registered professional nurse license of Marc David Wilson, Folsom, CA 95630. Mr. Wilson’s license was originally surrendered June 18, 2002.