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SUMMARY OF THE APRIL MEETING


OF THE BOARD OF REGENTS


OF


THE UNIVERSITY OF THE STATE OF NEW YORK









Held at the State Education Building

Albany, New York



April 28 and 29, 2003






David Johnson, Secretary

Board of Regents

THE BOARD OF REGENTS

The Board of Regents of The University of the State of New York held an executive session on Monday, April 28, 5:10 p.m. and held two public sessions on Monday, April 28, 9:00 a.m. and Tuesday, April 29, 12:00 p.m. pursuant to a call duly sent to each Regent.

MEETING OF THE FULL BOARD, Monday, April 28

Board Members in Attendance:

Robert M. Bennett, Chancellor

Adelaide L. Sanford, Vice Chancellor

Diane McGivern

Saul B. Cohen

James C. Dawson

Robert M. Johnson

Merryl H. Tisch

Geraldine D. Chapey

Arnold B. Gardner

Harry Phillips, 3rd

Joseph E. Bowman, Jr.

Judith O. Rubin

James R. Tallon, Jr.

Also present were the President of The University and Commissioner of Education, Richard P. Mills, the Counsel and Deputy Commissioner for Legal Affairs, Kathy A. Ahearn, and the Secretary, Board of Regents, David Johnson. Regents Anthony S. Bottar, Lorraine Cortés-Vázquez, and Milton L. Cofield were absent and excused.

Chancellor Bennett 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, April 28 at 5:15 p.m. for the purpose of discussing personnel matters.

Motion by:Vice Chancellor Adelaide L. Sanford

Seconded by: Regent Geraldine D. Chapey

Action: Motion carried unanimously

 

 

 

Summary of the March 2003 Meeting

BR (A) 2

 

MOVED, that the Summary of the March 2003 Meeting of the Board of Regents of The University of the State of New York be approved.

Motion by:Regent Geraldine D. Chapey

Seconded by: Regent James C. Dawson

Action:Motion carried unanimously

 

State Education Department March 2003 Fiscal Report

BR (A) 4

The Board received for review and action the March 2003 Fiscal Report, the final Report for the 2002-2003 State fiscal year. The Department ended the fiscal year within earlier projections.

General Fund accounts are in structural balance, allowing for reconciliation of negative personal service balances after the year-end. Federal accounts are in structural balance. All revenue accounts are in balance, allowing for normal reimbursement delays and the planned use of prior year balances.

MOVED, that the Board of Regents approve the March 2003 State Education Department Fiscal Report

Motion by:Regent Saul B. Cohen

Seconded by: Regent Geraldine D. Chapey

Action:Motion carried unanimously

 

 

DISCUSSION ITEMS

Commissioner's Monthly Report

The Commissioner's written report focused on 10 subject areas: school report card data; academic achievement of students with disabilities; special education in New York City; reauthorization of IDEA and WIA; thinking about the passing grade; Task Force on the Future of Nursing; update on library policy; review of Regents teaching policy; Call to Teaching Forum; and, NCLB accountability plan implementation.

2004-2005 Budget Development Process

BR (D) 1

The Board reviewed the steps and timetable in the 2004-2005 budget development process: establish initiative outcomes and evaluation criteria and review the existing three-year initiatives (April 2003); evaluate the 2004-2005 initiatives proposed by the program offices using the established criteria in the Regents Standing Committees (June 2003); discuss the proposed 2004-2005 budget initiatives with the full Board of Regents (July 2003); and, act on the "Bluebook" 2004-2005 Budget Proposal (September 2003).

Updated Special Education Data

BR (D) 3

The Board received a presentation on the performance of students with disabilities in the 2001-2002 school year, including data for results for those individuals enrolled in institutions of higher education and result of the vocational rehabilitation system in preparing and placing individuals with disabilities into employment from the previous State and federal fiscal years.

There are a significant number of indicators of continuing progress that are evidenced in the report. Among these are: the special education classifi-cation rate has decreased for the first time since this data has been available; New York State surpasses the national average rate of placing school-age students with disabilities in general education classrooms for 80 percent or more of the school day; the extent of disproportionality of minority students' participation in special education has been reduced; the percentage of students with disabilities achieving a Regents diploma increased from 4.4 percent in 1997-1998 to 11.1 percent in 2000-01; there continues to be a steady increase in the number of individuals with disabilities enrolled in institutions of higher education; and, graduation rates after four years and six years for individuals with disabilities who entered full-time Baccalaureate degree programs for the first time in Fall 1995 were the same as or better than for all individuals, with and without disabilities.

Although there has been significant progress, the challenge for vocational rehabilitation is to continue to achieve positive results within significant fiscal constraints.

 

 

 

 

 

 

MEETING OF THE FULL BOARD, Tuesday, April 29

Board Members in Attendance:

Robert M. Bennett, Chancellor

Adelaide L. Sanford, Vice Chancellor

Diane McGivern

Saul B. Cohen

James C. Dawson

Merryl H. Tisch

Geraldine D. Chapey

Arnold B. Gardner

Harry Phillips, 3rd

Joseph E. Bowman, Jr.

James R. Tallon, Jr.

Also present were the President of The University and Commissioner of Education, Richard P. Mills, the Counsel and Deputy Commissioner for Legal Affairs, Kathy A. Ahearn, and the Secretary, Board of Regents, David Johnson. Regents Robert M. Johnson, Anthony S. Bottar, Lorraine Cortés-Vázquez, Judith O. Rubin and Milton L. Cofield were absent and excused.

ACTION ITEM

Regents Monthly Meeting Dates, January - December 2004

BR (A) 3

Monthly meeting dates for January-December 2004 were submitted for review and approval. These dates continue the policy of two-day meetings, taking place on Monday-Tuesday during the legislative session and Thursday-Friday during the remainder of the year with the exception of the July meeting, the September meeting which includes the Regents Public Policy Conference in addition to the two-day meeting and the regional meeting in October.

(2004)

Monday, Tuesday January 12, 13

Monday, Tuesday February 23, 24

Monday, Tuesday March 22, 23

Monday, Tuesday April 19, 20

Monday, Tuesday May 17, 18

Monday, Tuesday June 21, 22

Wednesday, Thursday July 21, 22

Wednesday, Thursday, Friday September 8, 9, 10

Monday, Tuesday October 4, 5

Thursday, Friday November 4, 5

Thursday, Friday December 16, 17

MOVED, that the list of Regents meeting dates for the period of January-December 2004 is approved.

Motion by:Regent James C. Dawson

Seconded by: Regent Geraldine D. Chapey

Action:Motion carried unanimously

Regent C. Dawson informed his colleagues that he supported the proposed dates but will be unable to be in attendance in October 2004 due to professional commitments.

DISCUSSION ITEM

School Report Card Data

BR (D) 2

The Board reviewed significant trends in the school report card data, distributed to the public on April 10.

The trends in the school report card data for 2001-2002 show: a large majority of students continue to pass Regents exams, even with the increased requirement of four exams; most minority students are passing the required Regents exams, however the achievement gap widens as the performance level increases; annual high school graduation numbers remain stable even with higher standards; achievement is climbing as more students receive Regents diplomas; significant gaps exist for poor and minority students; there is a continuing four-year trend of improvement on elementary English language arts and improvement in middle-level math following years of flat results; fewer students are scoring at Level 1 on all elementary and middle-level exams; and, the gap achievement between poor and minority and all others increases as the performance levels increase.

 

INFORMATION ITEM

Status Report on Unique Student ID Project

BR (I) 1

The Board received an update on the status of the development of the New York State Student Identification System (NYSSIS).

NYSSIS will provide a means to assign a unique identifier to all public school students in the State and enable local districts to retrieve a student existing identifier. This unique identifier will improve Department and local district capacity to measure the performance of students over time. One of the fundamental requirements of the system is the confidentiality of the identification information of students. No personally identifiable information will be disclosed and all transactions will be encrypted to ensure complete confidentiality.

The project is being conducted in partnership with staff at the BOCES Regional Information Centers (RICs) and in consultation with staff from the Big 5 school districts. Work is expected to start in May or June with the awarding of a contract to a qualified vendor.

STANDING COMMITTEE REPORTS

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

Motion by:Regent Harry Phillips, 3rd

Seconded by: Regent Diane McGivern

Action:Motion carried unanimously (Regent James C. Dawson absent from vote)

 

REGENTS COMMITTEE ON VOCATIONAL AND EDUCATIONAL SERVICES FOR INDIVIDUALS WITH DISABILITIES

Regent Merryl H. Tisch, Chair of the Committee on Vocational and Educational Services for Individuals with Disabilities, presented on behalf of the Committee the following written report.

Your Committee on Vocational and Educational Services for Individuals with Disabilities held its scheduled meeting on April 28, 2003. All members were present except Regents Bottar, Chapey, and Cofield who were absent and excused. Commissioner Mills also attended.

ACTION ITEM

  • Your Committee recommends that subdivisions (z) and (dd) of section 200.1, paragraph (2) of subdivision (f) of section 200.2, paragraph (3) of subdivision (d) of section 200.16 and subdivision (b) of section 201.10 of the Regulations of the Commissioner of Education be amended, as submitted, effective May 22, 2003. (VESID (A) 1)

 

 

 

 

MATTERS NOT REQUIRING BOARD ACTION

  • Your Committee discussed a proposed amendment of the Regulations of the Commissioner of Education relating to special education space planning requirements. The purpose of the proposed amendment is to ensure the provision of appropriate long-term education space for students with disabilities and to expand opportunities for students with disabilities to be educated in sites that promote integration with nondisabled students while reducing the number of classrooms in separate settings. The proposed amendments will be submitted for approval at the June 2003 Regents meeting (VESID (D) 1.1)

  • Your Committee discussed special education in New York City, including an overview of the New York City Department of Education (NYCDOE) Plan for the Reform of Special Education. The plan�s stated goal is to avoid unnecessary referrals to special education, serve more students with disabilities in general education environments and shift supports and resources to the classroom. The Department will examine possible regulatory relief in areas that do not contribute to improved students outcomes and pursue an accountability agreement with the NYCDOE that sets outcome measures and targets for students with disabilities. (VESID (D) 2.1)

  • Your Committee discussed the Reauthorizations of the Individuals with Disabilities Education Act (IDEA) and the Workforce Investment Act (WIA), including the Rehabilitation Act. Key issues discussed included:

  • IDEA � Proposed funding recommendations, parental choice, discipline, dispute resolution, due process, qualification standards for special education personnel, Individualized Education Program development, and monitoring.

  • WIA � Proposed amendments would allow the Executive to divert unlimited amounts of federal vocational rehabilitation program funds to support One-Stop Centers and remove the vocational rehabilitation representative from the local workforce investment boards.

  • Rehabilitation Act � The proposed bill does not resolve the funding formula problem that is unfair to New York.



The Committee requested that it receive information on the status of the specific issues discussed as part of the monthly update on federal issues, which the Board receives from the Department�s Office of Legislation. (VESID (D) 3.1)

 

 

 

 

REGENTS COMMITTEE ON HIGHER AND PROFESSIONAL EDUCATION

Regent Saul B. Cohen, Chair of the Committee on Higher and Professional Education, presented on behalf of the Committee the following written report.

Your Committee on Higher and Professional Education held its scheduled meeting on April 29, 2003. All members were present, with the exception of Regent Cofield.

ACTION ITEMS

Your Committee recommends that the Regents approve an amendment to the absolute charter of Molloy College to add authority for the University to confer the degree of Bachelor of Fine Arts (B.F.A.). [BR (A) 1]

Your Committee recommends that the Regents approve an amendment to the absolute charter of New York Institute of Chinese Medicine to add authority for the University to confer the degrees of Bachelor of Professional Studies (B.P.S.) and Master of Science (M.S.). [BR (A) 1]

Your Committee recommends that the Regents approve an amendment to the absolute charter of Touro College to add authority for the University to confer the degree of Doctor of Physical Therapy (D.P.T.) at the Main Campus in Manhattan and at its Branch Campus in Huntington, New York. [BR (A) 1]

Your Committee recommends that the Regents approve the Report of the Committee on the Professions Regarding Licensing Petitions. [HP (CA) 4]

Your Committee recommends that the Regents authorize the State University of New York Board of Trustees, effective April 29, 2003, to confer the degree of Master of Social Work (M.S.W.) on students successfully completing registered programs at the State University of New York at Binghamton. [HP (CA) 1]

Your Committee recommends that the Regents authorize The City University of New York Board of Trustees, effective April 29, 2003, to confer the degree of Bachelor of Business Administration (B.B.A.) degree to duly qualified students successfully completing registered programs at Queens College. [HP (CA) 7]

 

 

 

Your Committee recommends that the Regents approve the statements of "Elements of a Highly Effective Higher Education System" and "Regents Priorities for the Higher Education System," effective April 29, 2003, subject to editorial revision, and authorize their incorporation into The Bulletin of the Statewide Plan for Higher Education, 2004 � 2012. [HP (A) 1]

Authorization of Degree-Granting Power to a New Owner Following a Change in Ownership and Control

Your Committee recommends that the Regents authorize Westchester Business Institute, effective April 29, 2003, to confer Associate in Occupational Studies (A.O.S.) and Associate in Applied Science (A.A.S.) degrees to duly qualified students successfully completing registered programs. [HP (CA) 9]

Master Plan Amendments

Your Committee recommends that the Regents approve an amendment to the master plan of New York Institute of Chinese Medicine, Mineola, effective April 29, 2003, authorizing the Institute to offer Health Science/Acupuncture and Health Science/Oriental Medicine programs each leading to the Bachelor of Professional Studies/Master of Science degrees. This amendment will be effective until May 31, 2004, unless the Department registers the programs prior to that date, in which case the master plan amendment shall be without term. [HP (CA) 3]

Your Committee recommends that the Regents approve an amendment to the master plan of Metropolitan College of New York, effective April 29, 2003, authorizing the College to offer a Master of Science in Education (M.S. in Ed.) program in Childhood Education. This amendment will be effective until April 30, 2004, unless the Department registers the program prior to that date, in which case master plan amendment shall be without term. [HP (CA) 8]

Your Committee recommends that the Regents authorize Briarcliffe College, Bethpage, effective April 29, 2003, to confer the degree of Bachelor of Technology (B.Tech.) to duly qualified students successfully completing registered programs at its main campus, and that the master plan of Briarcliffe College be amended authorizing the College to offer B.Tech. programs in Information Technology at that campus. This amendment shall be effective until April 30, 2004, unless the Department registers the program prior to that date, in which case the master plan amendment shall be without term. [HP (CA) 12]

Your Committee recommends that the Regents authorize Briarcliffe College, effective April 29, 2003, to confer the degree of Associate in Science (A.S.) to duly qualified students successfully completing registered programs at its main campus and its branch campus in Patchogue, and that the master plan of Briarcliffe College be amended authorizing the College to offer at both campuses A.S. programs in Criminal Justice. This amendment shall be effective until April 30, 2004, unless the Department registers the program prior to that date, in which case the master plan amendment shall be without term. [HP (CA) 12]

Your Committee recommends that the Regents authorize Monroe College, Bronx, effective April 29, 2003, to offer Associate in Science (A.S.) and Bachelor of Science (B.S.) programs in Criminal Justice at its main campus and at its branch campus in New Rochelle. This amendment shall be effective until April 30, 2004, unless the Department registers the programs prior to that date, in which case master plan amendment shall be without term. [HP (CA) 13]

 

Reappointments of Members to the State Boards for the Professions

Your Committee recommends that the Regents approve the following reappointments:

State Board for Acupuncture - reappoint Sun F. Pei (New Hyde Park) for a term beginning July 1, 2003 and ending June 30, 2008. [HP (CA) 2]

State Board for Architecture � reappoint Paul Di Natale (Douglaston), Joseph Raggio (Delmar) and Paul E. Scoville (Albany) each for a term beginning July 1, 2003 and ending June 30, 2008. [HP (CA) 2]

State Board for Dentistry � reappoint Rekha C. Gehani (Manhasset) for a term beginning June 1, 2003 and ending May 31, 2008. [HP (CA) 2]

State Board for Landscape Architecture � reappoint James W. Tinney (Fineview) for a term beginning August 1, 2003 and ending July 31, 2008. [HP (CA) 2]

State Board for Veterinary Medicine � reappoint Donna Mickley (Clifton Park) for a term beginning May 1, 2003 and ending April 30, 2008. [HP (CA) 2]

 

 

 

 

Regulations of the Commissioner of Education and Rules of the Board of Regents

Your Committee recommends that the Regents approve that subdivision (i) of section 61.2 and section 61.18 of the Regulations of the Commissioner of Education be added, as submitted, effective May 22, 2003. [HP (A) 2]

Your Committee recommends that the Regents approve that section 52.31 and Subpart 79-8 of the Regulations of the Commissioner of Education be added, as submitted, effective May 22, 2003. [HP (CA) 6]

Your Committee recommends that the Regents approve that subclause (1) of clause (c) of subparagraph (iv) of paragraph (2) of subdivision (b) of section 52.21 of the Regulations of the Commissioner of Education be amended, as submitted, effective May 22, 2003. [HP (CA) 10]

Your Committee recommends that the Regents approve that section 80-5.16 of the Regulations of the Commissioner of Education be added, as submitted, effective May 22, 2003. [HP (CA) 11]

Your Committee recommends that the Regents approve that paragraph (4) of subdivision (c) of section 3.47 and paragraph (29) of subdivision (b) of section 3.50 of the Rules of the Board of Regents be amended, as submitted, effective May 22, 2003. [HP (CA) 5]

Meeting Highlights

Consent Agenda � All items approved.

Action Agenda � All items approved.

Discussion - "Regents Teaching Policy - Review and Status Update" [HP (D) 4]: Deputy Commissioner Duncan-Poitier provided an update on the considerable progress made over the past five years on the implementation of the Regents policy document "New York's Commitment: Teaching to Higher Standards." This informative presentation provided an historical update, identification of gaps in teaching along with solutions and next steps in obtaining qualified teachers for New York State�s children .

 

 

 

"Preliminary Discussion of the Regents Regulation for Eliminating Temporary Licenses as of September, 1, 2003": Commissioner Mills provided an update on this important topic, as it relates to the New York City School District. The Commissioner recognized progress that has been made in the recruitment of teachers and opportunities for additional progress in this area.

"Committee Chairman�s proposal for greater emphasis on support systems to retain qualified teachers in all schools": Dovetailing with Commissioner Mills� remarks, HPE Committee Chairman Cohen spoke of the need to retain new teachers once schools succeed in hiring new instructional personnel. Along with this, Deputy Duncan-Poitier mentioned the value of school leadership in providing the supportive environment necessary to encourage new staff to remain, grow and thrive in their new careers. She added that the Leadership Initiative and related regulations are examples of the Department�s interest and recognition of the value and need for such supports.

 

"Recent Initiatives of the State Professional Standards and Practices Board for Teaching" [HP (D)1]: Three members of the State Professional Standards and Practices Board shared that group�s most recent work to support the teaching profession. Posters of The Code of Ethics (designed to raise awareness within the profession and among the public regarding New York State�s new Code of Ethics for Educators) and The Celebrate Teaching poster (designed to raise awareness about the importance of educators to our schools and communities) were on display and discussed.  All members of the Board of Regents were given full-size copies of the posters.

"Proposed Amendment to the Regulations of the Commissioner of Education Relating to Mandatory Continuing Education for Licensed Pharmacists" [HP (D) 2]: This amendment would require licensed pharmacists to complete at least three hours in the processing and strategies that may be used to reduce medication and/or prescription errors. The hours would be part of the existing 45-hours education requirement pharmacists must complete during each registration period. The Amendment will be brought back before the HPE Committee for a vote at the June Meeting.

"Leadership Initiative: Additional Feedback [HP (D) 3]": Assistant Commissioner Joseph P. Frey provided a crisp summary of the status of this effort along with an update on next steps. 

MATTERS NOT REQUIRING BOARD ACTION

Recent Initiatives of the State Professional Standards and Practices Board for Teaching [HP (D) 1]

 

Proposed Amendment to the Regulations of the Commissioner of Education Relating to Mandatory Continuing Education for Licensed Pharmacists [HP (D) 2]

Revised Preliminary Draft Regulations on School Leadership [HP (D) 3]

Review of Regents Teaching Policy � Five Years of Teaching to Higher Standards: New York�s Commitment [HP (D) 4]

 

REGENTS COMMITTEE ON ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

Regent Merryl H. Tisch, Vice Chair of the Committee on Elementary, Middle, Secondary and Continuing Education, presented on behalf of the Committee the following written report.

Your Committee on Elementary, Middle, Secondary and Continuing Education held its scheduled meeting on April 28, 2003. Regent Bottar was absent and excused.

ACTION ITEMS

Charter Applications

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

Revisions to Charter School Charters

  • Your Committee approved a motion to table action on the proposed revisions to the charter of the Riverhead Charter School for one year so that an audit can be conducted on the Riverhead Charter School and the impact of grade expansion of the school on surrounding school districts. [EMSC (A) 1]

Regulations

  • Your Committee recommends that Part 154 of the Regulations of the Commissioner of Education be amended as submitted, effective May 2, 2003, as an emergency action in order to conform Part 154 of the Commissioner�s Regulations relating to students with limited English proficiency (LEP) to the federal No Child Left Behind Act of 2001, by immediately establishing provisions consistent with the required new assessments (Language Assessment Battery-Revised and the New York State English as a Second Language Test) for determining which pupils are limited English proficient and for assessing their level of English language proficiency, so that the English proficiency of all LEP students may be timely assessed in accordance with federal and State requirements. [EMSC (A) 2]

Charter School Applications

  • Your Committee recommends that the proposed charter for the Bronx Charter School for Excellence be approved and that the school be incorporated by granting a provisional charter for a period of five years. [EMSC (A) 3]

  • Your Committee recommends that the proposed charter for the Bedford Stuyvesant Preparatory Charter School for Excellence be returned to the charter entity for reconsideration. [EMSC (A) 3]

 

MATTERS NOT REQUIRING BOARD ACTION

Proposed amendment to Part 120 of the Commissioner�s Regulations relating to the No Child Left Behind Act (public school choice and supplemental education services). [EMSC (D) 1]

Staff noted that, after we have collected two years of data, we will be able to identify and publicize persistently dangerous schools. It was also noted that parents should be made aware of the parameters for accessing specific schools under the school choice provision.

Progress report on standards implementation, including an update on career and technical education activities [EMSC (D) 2]

Deputy Commissioner�s Report [EMSC (D) 3]

Proposed amendment to Section 156.3 of the Commissioner�s Regulations relating to school bus drivers, monitors and attendants. [EMSC (D) 4]

Implementation of No Child Left Behind accountability plan [EMSC (D) 5]

Staff explained the implications and reliability of using a confidence interval and a minimum size of 30 students for school and district accountability. It was noted that staff will need to look into refining a self-assessment for schools with grades K-1 for early childhood program accountability.

Status report on the New York State Virtual Learning Space [EMSC (D) 6]

A suggestion was made to develop a brochure to publicize the Virtual Learning Space, especially for parents.

Policy review on passing grade on Regents exams [EMSC (D) 7]

The Committee reviewed the schedule for receiving additional data prior to the scheduled action in November on whether to continue or change the phase-in for the 65 passing score. In addition to Regents exam data by subgroups and data on the cumulative number of exams passed, in June staff will also provide data on scores on a range between 55 and 64 and additional data on the performance of special education students on Regents exams and Regents Competency Tests. In addition, staff were asked to provide an analysis on performance on the Math I vs. the Math A exam. The Committee also discussed the status of component retesting.

Public engagement on draft Regents Policy Statement on Middle-Level Education [Oral report]

Committee members noted that they are hearing from the public on the policy statement, and specifically for more specificity on middle-level curriculum, assessments and best practice.

 

REGENTS COMMITTEE ON CULTURAL EDUCATION

Regent Arnold B. Gardner, Vice Chair of the Committee on Cultural Education, presented on behalf of the Committee the following written report.

Your Committee on Cultural Education held its scheduled meeting on April 29, 2003 in Room 146, State Education Department. Everyone was present, except Regent Johnson, Regent Bottar and Regent Cortés-Vázquez who were absent and excused. Regents Tisch, Dawson and Cohen were also in attendance.

ACTION ITEMS

Your Committee reviewed the summary recommendations with respect to charter applications and recommended approval of those actions listed under Cultural Education.

Amendment of Sections 185.5 and 185.11 of the Regulations of the Commis-sioner of Education-Records Retention and Disposition Schedule MU-1.

Your Committee recommended to the Full Board that Sections 185.5 and 185.11 of the Regulations of the Commissioner of Education relating to Records Retention and Disposition Schedule MU-1 be adopted with amendments.

 

 

Motion by: Joseph E. Bowman, Jr.

Seconded by: Arnold B. Gardner

Action: Approved unanimously

ITEMS NOT REQUIRING ACTION

The State Librarian, Janet Welch, presented the members of the Regents Advisory Council on Libraries (RAC). Chairperson Catherine Way strongly encouraged the Regents to continue to meet with the Governor and legislative leaders regarding library funding.

Your Committee discussed the new legislative budget proposal to restore the Executive Budget�s 15% reduction in library aid. The restoration would maintain aid at last year�s levels. The discussion focused on continued outreach to the Legislature and the Governor to insure that the restoration proposal is enacted. All present made a strong commitment to continue to press for funding for the New Century Libraries legislative initiative.

The Deputy Commissioner referred Your Committee to the "New Century Libraries: A Progress Report." The State Librarian, Janet Welch, updated Your Committee on the Summer Reading Program, citing a goal of 1 million children participating.

Acting State Archivist, Chris Ward, mentioned the celebration of the 25th anniversary of the opening of the State Archives. Events are supported through fundraising of the Archives Partnership Trust.

 

REGENTS COMMITTEE ON PROFESSIONAL PRACTICE

Regent Diane McGivern, Chair of the Committee on Professional Practice, presented on behalf of the Committee the following written report.

Your Committee on Professional Practice held its scheduled meeting on April 28, 2003. All members were present except Regent James C. Dawson, Regent Anthony S. Bottar and Regent Milton L. Cofield, who were excused.

ACTION ITEMS

Professional Discipline Cases

Your Committee recommends that the reports of the Regents Review Committees, including rulings, findings of fact, determinations as to guilt, and recommendations, by unanimous or majority vote, contained in those reports which have been distributed to you, be accepted in 8 cases. In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 46 consent order applications and 6 surrender applications be granted.

These recommendations are made following the review of 60 cases involving nine licensed practical nurses, eight licensed practical nurses who are also registered professional nurses, eight pharmacists, five dentists, five registered professional nurses, four certified public accountants, three massage therapists, two veterinary technicians, one certified public accountant professional corporation, one certified social worker, one midwife, one pharmacy, one public accountant, one respiratory therapist, one speech-language pathologist, and one veterinarian.

Restoration Petitions

Voted, that the Board of Regents deny the petition for restoration of the pharmacist license of Mohammed Azeem. (PPC EXS A 2)

Voted, that the Board of Regents stay the order of revocation of the physician license of Lorenzo Margini for five years, that he be placed on probation for five years under specified terms and conditions, and that upon successful completion of the probationary period, his license be fully restored. (PPC EXS A 3)

ACTION ITEMS

Voted, that Laurie M. Maurer (Brooklyn) and Herbert H. Warman (Great Neck) be reappointed as extended members of the State Board for Architecture for service on licensure discipline, licensure restoration, and moral character hearing panels; that Reneida E. Reyes (Brooklyn) be reappointed as an extended member of the State Board for Dentistry for service on licensure discipline, licensure restoration, and moral character hearing panels; that Allan Yozawitz (Fayetteville) be reappointed as an extended member of the State Board for Psychology for service on licensure discipline, licensure restoration, and moral character hearing panels; that Susan J. Kula be reappointed to the State Board for Veterinary Medicine for service on licensure discipline, licensure restoration, and moral character hearing panels; and that Dennis P. Garcia (Mahopac) and Pascal J. Imperato (Manhasset) be reappointed as members to the State Board for Professional Medical Conduct. (PPC A 1)

MATTERS NOT REQUIRING BOARD ACTION

Your Committee discussed several topics of interest, including:

  • Proposed Amendment to Sections 61.9 (b) and (c) and 61.13 of the Regulations of the Commissioner of Education Relating to the Practice of the Profession of Dental Assisting and the Profession of Dental Hygiene (PPC D 1)
    • The purpose of the proposed amendment is to establish additional dental supportive services that certified dental assistants may perform while under the direct personal supervision of a licensed dentist and additional services that licensed dental hygienists may perform in the practice of dental hygiene while under the supervision of a licensed dentist. Formal action on the proposed amendments will be taken at the June 2003 meeting of the Board.

  • Proposed Amendment to Section 29.7 (a)(21)(i) of the Rules of the Board of Regents and Section 63.6 (b)(8)(i) and (b)(6) of the Regulations of the Commissioner of Education and Promulgation of 63.6 (b)(9) Relating to the Practice of Pharmacy and the Registration of Pharmacies (PPC D 2)
    • The purpose of the proposed amendments is to establish requirements relating to the counseling of patients by pharmacists and the maintenance of drug retail price lists by pharmacies. Formal action on the proposed amendment will be taken at the June 2003 meeting of the Board.

  • Proposed Promulgation of the Rules of the Board of Regents Relating to the Definition of Unprofessional Conduct in the Practice of Public Accountancy (PPC D 3)
    • The Department continues to receive comments on the proposed regulations to the standards that licensees must meet relating to their independence when performing prescribed services for a client and relating to reports that they must submit to the Department. This item will be brought back to the Board for discussion at the next possible opportunity in order to consider the additional comments from the field.

  • Horizon Issue: Update on Activities to Address Nursing Workforce Shortage (PPC D 4)
    • The report identified the progress that has been made by the Department and our partners to address the nursing shortage. New data was provided to describe the continuing intensity of the nursing shortage, as well as a description of the activities and initiatives resulting from the work of the Regents Blue Ribbon Task Force on the Future of Nursing, the State Board for Nursing, and the Education Department. Followup has included the establishment of the Web-based Clearinghouse on Nursing Shortage Issues, guidance to the field on the issue of patient abandonment, a new collaboration with the Liberty Partnership Program to recruit the next generation of nurses, and a comprehensive workforce survey of licensed nurses. Survey results will be presented through two reports to the Board, in September and November.

 

 

 

REGENTS COMMITTEE ON QUALITY

Vice Chancellor Adelaide L. Sanford, Vice Chair of the Committee on Quality, presented on behalf of the Committee the following written report.

Your Committee on Quality held its scheduled meeting on April 29, 2003. Vice Chancellor Sanford, Regents McGivern, Rubin and Tisch were present. Chancellor Bennett, and Regents Bowman, Gardner and Phillips also attended.

 

ACTION ITEMS

No items were recommended for approval by the Regents.

 

MATTERS NOT REQUIRING BOARD ACTION

The Committee discussed three items:

  • Your committee reviewed the schedule for the July retreat, the timing and length of which will be similar to last year. The Chancellor and the Regent Johnson, as Chair of the Quality Committee, have surveyed the Board members about suggested topics for the retreat. Several members suggested that the retreat include a discussion of additional and more aggressive strategies focused on the poverty-driven factors contributing to the performance gap. Other topic suggestions were due April 29th to Tom Sheldon.

  • Your committee reviewed the proposed protocol for modifying the 24-Month Calendar. We directed staff to revise the protocol to reflect our intent that changes in the Calendar could be driven by Board members as well as by staff.

  • Finally, your committee had its initial conversation about technology, since this important subject was assigned to the Quality Committee. Committee members raised several issues about what the Board knows regarding current technology initiatives both in the Department and in the field. Additional conversation about these issues and how the Board should proceed will be on future Committee agenda.

 

APPENDIX I

NEW YORK STATE BOARD OF REGENTS

CHARTER ACTIONS

APRIL 28 AND 29, 2003

 

HILLVIEW FREE LIBRARY. An application having been made and on behalf of the trustees of the Hillview Free Library for an amendment of its charter , it was

Voted, that the absolute charter in the first instance of the Hillview Free Library, a public library serving Diamond Point, county of Warren, state of New York, which was granted by action of the Board of Regents on December 19, 1901 be and the same is hereby amended to add the following language:

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

No part of the net earning of the corporation shall inure to the benefit of any member, trustees, director, officer of the corporation, or any private individual (except that reasonable compensation may be paid for services rendered to or for the corporation), and no member, trustee, director or officer of the corporation, or any private individual, shall be entitled to share in distribution of any of the corporate assets upon dissolution of the corporation.

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

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

ROCKVILLE CENTRE PUBLIC LIBRARY. An application having been made and on behalf of the trustees of the Rockville Centre Public Library for an amendment of its charter , it was

Voted, that the provisional charter of the Rockville Centre Public Library, a public library serving the Union Free School District 21 in the Town of Hempstead, which was granted by action of the Board of Regents on June 5, 1894; which provisional charter was made absolute on December 15, 1898; which absolute charter was amended on March 29, 1963 be and the same is hereby amended change the terms of the elected trustees from five years to three years and to add the following language:

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

No part of the net earning of the corporation shall inure to the benefit of any member, trustees, director, officer of the corporation, or any private individual (except that reasonable compensation may be paid for services rendered to or for the corporation), and no member, trustee, director or officer of the corporation, or any private individual, shall be entitled to share in distribution of any of the corporate assets upon dissolution of the corporation.

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

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

Provided that this amendment shall not affect the present terms of the incumbent trustees of said library, but any vacancies from this day forward shall be filled in accordance with this amendment.

THE MUSEUM OF WOMEN - THE LEADERSHIP CENTER. An application having been made by and on behalf of the trustees of The Museum Of Women - The Leadership Center, for an amendment of its charter, it was

Voted, that the provisional charter of The Museum Of Women - The Leadership Center located in the city, county, and state of New York, which was granted by action of the Board of Regents on September 17, 1999 be, and the same hereby is, amended to change the corporate name to "The Museum of Women�s History and The Leadership Center."

 

ALFRED BOX OF BOOKS LIBRARY

Voted, that

1. A provisional charter valid for a term of five years is granted incorporating Liz Menichino, Alexis Clare, Suzanne Wood, Theresa Rucker, Barbara Bernstein, Mary K. Edwards, Laurie L. McFadden, Frank G. Bunke, Janice L. Higgins and their associates and successors as an education corporation under the corporate name of Alfred Box of Books Library, located in Alfred, county of Allegany and state of New York.

2. The purpose for which such corporation is formed to operate a town association library to serve the residents of the town of Alfred.

3. The library shall be administered by a board of no fewer than five nor more than nine to be at first the persons who are named herein as incorporators, said trustees to serve in the order in which they are named hereinabove, for terms that shall expire on December 31 as follows: one in 2003, two in 2004, two in 2005, two in 2006 and two in 2007. Thereafter, as such terms expire, their successors shall be appointed by the board for a full term of five years. Vacancies due to cause other than the expiration of term shall be filled for the balance of the unexpired term by the library board of trustees.

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

Liz Menichino

5224 County Road 12

Andover, New York 14806

Alexis Clare

1433 Route 244

Alfred Station, New York 14803

Suzanne W. Wood

1483 Moland Road

Alfred Station, New York 14803

Theresa Rucker

99 North Main Street

Alfred, New York 14802

Barbara Bernstein

5551 East Valley Road

Alfred Station, New York 14803

Mary K. Edwards

35 Hillcrest Drive

Alfred, New York 14802

Laurie L. McFadden

1120 Lusk Road

Alfred Station, New York 14803

 

Frank G. Bunke

5830 Barber Lane

Alfred Station, New York 14803

Janice L. Higgins

5704 East Valley Road

Alfred Station, New York 14803

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

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

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

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

9. The principal office of the corporation shall be located at 1 West University Street, Alfred, New York 14802.

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

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

ELWOOD PUBLIC LIBRARY

Voted, that

1. A provisional charter valid for a term of five years is granted incorporating Randall Koster, Jacquelyn Flad, Susanne Lercher, Cheryl Gabrielli, Marla Grossman and their associates and successors as an education corporation under the corporate name of Elwood Public Library, located in Elwood, county of Suffolk and state of New York.

2. The purpose for which such corporation is formed is to operate a school district public library to serve the residents of the Elwood Union Free School District, town of Huntington, state of New York.

3. The library shall be administered by a board of five trustees to be at first the persons who are named herein as incorporators, said trustees to serve in the order in which they are named hereinabove, for terms that shall expire on June 30 as follows: one in 2003, two in 2004 and two in 2005. Thereafter, as such terms expire, their successors shall be appointed by the board for a full term of three years. Vacancies due to cause other than the expiration of term shall be filled for the balance of the unexpired term by the library board of trustees.

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

Randall Koster

16 Greenleaf Drive

Huntington, New York 11743

Jacquelyn Flad

19 Elsworth Place

Elwood, New York 11731

 

Susanne Lercher

123 Darrow Lane

Greenlawn, New York 11740

Cheryl Gabrielli

90 Colonial Street

Elwood, New York 11731

Marla A. Grossman

13 Mansfield Lane South

Elwood, New York 11731

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

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

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

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

9. The principal office of the corporation shall be located in Elmwood, New York with a mailing address at P.O. Box 537, East Northport, New York 11731-2417.

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

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

 

THE HYDE PARK FREE LIBRARY

Voted, that

1. A provisional charter valid for a term of five years is granted incorporating Patsy Costello, Jim Flanagan, Karen Naber, Carney Rhinevault, Gert Trani, Carole Chambers, Irene Berg, John Bickford, Ruth Hurd, Richard Taylan and their associates and successors as an education corporation under the corporate name of The Hyde Park Free Library, located in Hyde Park, county of Dutchess and state of New York.

2. The purposes for which such corporation is formed are to operate a public library to serve the residents of the Hyde Park Library District, as constituted pursuant to Chapter 97 of the Laws of 2001, which district is described as consisting of all of the town of Hyde Park, except those portions of such town which are within the Stratsburg fire district or the Hilldise fire district.

3. The library shall be administered by a board of ten trustees, to be at first Patsy Costello, Jim Flanagan, Karen Naber, Carney Rhinevault, Gert Trani, Carole Chambers, Irene Berg, John Bickford, Ruth Hurd and Richard Taylan, said trustees to serve in the order in which they are named herein, for terms that shall expire on December 31 as follows: two in 2003, two in 2004, two in 2005, two in 2006 and two in 2007. Thereafter, as such terms expire, their successors shall be elected by the voters of the Hyde Park Library District for a term of five years. Vacancies due to cause other than expiration of term shall be filled for the balance of the unexpired term by the library board of trustees.

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

Patsy Costello

21 Main Street

Hyde Park, New York 12538

Jim Flanagan

22 Circle Drive

Hyde Park, New York 12538

Karen Naber

11 Ravine Road

Hyde Park, New York 12538

Carney Rhinevault

6 Main Street

Hyde Park, New York 12538

Gert Trani

2 Horseshoe Drive

Hyde Park, New York 12538

 

Carole Chambers

13 Prince Road

Hyde Park, New York 12538

Irene Berg

107 East Market Street

Hyde Park, New York 12538

John Bickford

64 Rogers Road

Hyde Park, New York 12538

 

Ruth Hurd

17 Gilbert Drive

Hyde Park, New York 12538

Richard Taylan

40 Shaker Lane

Hyde Park, New York 12538

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

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

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

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

9. The principal office of the corporation shall be located at 2 Main Street, Hyde Park, New York 12538.

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

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

THE THEATRE MUSEUM

Voted, that

1. A provisional charter valid for a term of five years is granted incorporating Richard F. Bernstein, Ph.D., Helen Marie Guditis, Stewart F. Lane, Linda Leff, William Rappaport and their associates and successors as an education corporation under the corporate name of The Theatre Museum, located in the city, county, and state of New York.

2. The purposes for which such corporation is formed are:

a. To establish and maintain a history museum relating to the theatre in New York;

b. To collect, own, hold, maintain, preserve and make available appropriate historical objects and artifacts;

c. To arrange, create, maintain and promote appropriate historical exhibits and displays; and

d. To promote and support historical research and scholarship, issue publications in all formats, and organize historical and cultural activities, programs and events for the public.

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

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

Richard F. Bernstein, Ph.D.

444 East 86th Street

19B

New York, New York 10028

Helen Marie Guditis

409 East 74th Street

New York, New York 10021

Stewart F. Lane

200 West 57th Street

Suite 801

New York, New York 10019

Linda Leff

1700 York Avenue

10 F

New York, New York 10028

William Rappaport

484 West 43rd Street

#20E

New York, New York 10036

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

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

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

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

9. The principal office of the corporation shall be located at 210 W. 50th Street, 2nd Floor, New York, New York 10019.

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

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

THE FIRST BATTLE REVIVAL ALLIANCE An application having been made by and on behalf of the trustees of The First Battle Revival Alliance, for an amendment of its certificate of incorporation, it was

Voted, that the certificate of incorporation of The First Battle Revival Alliance, located in Brooklyn, county of Kings, state of New York, which was granted by action of the Board of Regents on April 27, 1990 be, and the same hereby is, amended to change the corporate name to "Old Stone House of Brooklyn" and to change the corporate address to P.O. Box 105613, Brooklyn, New York 11215-0613.

METROPOLITAN MONTESSORI SCHOOL. An application having been made by and on behalf of the trustees of Metropolitan Montessori School, for its provisional charter to be made absolute, and it appearing to the satisfaction of the Regents that the conditions for an absolute charter have been met, it was

Voted, that the provisional charter of the Metropolitan Montessori School, located in the city, county, and state of New York, which was granted by action of the Board of Regents under the corporate name "St. Michael�s Montessori School" on March 31, 1967; which provisional charter was amended by Regents action on November 17, 1989 and as so amended, extended, and on July 19, 1996 to change the corporate name to "Metropolitan Montessori School," and, as so amended, extended be, and the same hereby is, made absolute.

OUR LADY OF MERCY ACADEMY. An application having been made by and on behalf of the trustees of Our Lady of Mercy Academy, for its provisional charter to be made absolute, and it appearing to the satisfaction of the Regents that the conditions for an absolute charter have been met, it was

Voted, that the provisional charter of the Our Lady of Mercy Academy, located in Syosset, county of Nassau, state of New York, which was granted by action of the Board of Regents on April 4, 2000 be, and the same hereby is, made absolute.

EARLY CHILDHOOD EDUCATION CENTER. An application having been made by and on behalf of the trustees of the Early Childhood Education Center for an amendment of its charter, it was

Voted, that the provisional charter of the Early Childhood Education Center located in Altamont, county of Albany, state of New York, which was granted by action of the Board of Regents under the corporate name "The Early Childhood School" on July 31, 1981; which provisional charter was extended by Regents action on February 22, 1985; and was amended to change the corporate name to "Early Childhood Education Center" and to add authority for the corporation to serve children from birth to six years of age and to operate day care centers in Albany County for five years subsequent and, as so amended, extended by Regents action on November 18, 1988, subsequent to an order by Regents action consolidating the School with the Early Childhood Education Center, a not-for-profit corporation; which provisional charter of the consolidated corporation was extended by Regents action on December 21, 1990 and amended on July 22, 1994 to add authority to also operate a facility at Washington Avenue Extension, Albany, Albany County and to delete the five-year limitation on the operation of day care centers, and as so amended, made absolute be, and the same hereby is, amended to also authorize the corporation to operate at 215 Washington Avenue Extension, Albany, New York 12205; 3736 NY Route 43, West Sand Lake, New York 12196; and Pinebush Elementary School, Carman Road, Schenectady, New York 12303. Nothing in this charter shall be deemed to constitute approval for State funding for programs and services under the jurisdiction of the Office of Vocational and Educational Services for Individuals with Disabilities (VESID).

COMMUNITY EDUCATIONAL SERVICES

Voted, that

1. A provisional charter valid for a term of three years is granted incorporating Mary Loughman, Anne Bergin, Constance Mavrovitis, Jeane Carmody, Hope Olds and their associates and successors as an education corporation under the corporate name of Community Educational Services, located in the city, county and state of New York.

2. The purposes for which such corporation is formed are:

a. To provide special educational services, within New York City, to children between the ages of three to six years, who have been identified as having a disability, or who are considered "at risk." Such services shall include special classes in an integrated setting, multidisciplinary evaluation services, and Special Education Itinerant Teacher (SEIT) services; and

b. To establish and operate day care centers in New York County, provided that before each such facility shall be established or opened, the prior written approval of the New York City Department of Health must be obtained; and furthermore, no center will be opened without the express written consent of the Commissioner of Children and Family Services.

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

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

Mary Loughman

1675 York Avenue, #7K

New York, New York 10128

Constance Mavrovitis

1304 Midland Avenue, #B64

Yonkers, New York 10704

Hope Olds

2090 First Avenue

New York, New York 10029

Anne Bergin

Pine Road

Tuxedo Park, New York 10987

Jeane Carmody

203 West 85th Street, #54

New York, New York 10024

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

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

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

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

9. The principal office of the corporation shall be located at 2090 First Avenue, New York, New York 10029.

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

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

ROSA LEE YOUNG CHILDHOOD CENTER

Voted, that

1. A provisional charter valid for a term of three years is granted incorporating Nettie Becker, Ann Chin, Anita LaSpina, Sheila Meindl, Catherine Pucciarelli and their associates and successors as an education corporation under the corporate name of Rosa Lee Young Childhood Center, located in Rockville Centre, county of Nassau and state of New York.

2. The purposes for which such corporation is formed are:

a. To establish and operate day care centers for children in New York State, in Nassau County, provided that before each such facility shall be established, or opened, the prior written approval of the New York State Office of Children and Family Services must be obtained;

b. To establish and operate a center based preschool for children from birth to three years of age;

c. To establish and operate a toddler program for children from eighteen months to three years of age;

d. To establish and operate a nursery school for preschool children from three to five years of age;

e. To establish and operate a kindergarten for children who are age eligible to attend kindergarten in the public school district in which they reside;

f. To establish and operate an after school program for children from five to eleven years of age; and

g. To establish and operate a summer program for children from birth to eleven years of age.

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

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

Nettie Becker

132 Dartmouth Street

Rockville Centre, New York 11570

Ann Chin

62 Fonda Road

Rockville Centre, New York 11570

Anita LaSpina

625B Ocean Front

Long Beach, New York 11561

Sheila Meindl

485 South Wood Road

Rockville Centre, New York 11570

Catherine Pucciarelli

183 Windsor Avenue

Rockville Centre, New York 11570

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

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

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

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

9. The principal office of the corporation shall be located at 180 North Village Avenue, Rockville Centre, New York 11570.

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

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

ARCHANGEL SCHOOL. An application having been made by and on behalf of the trustees of Archangel School, for its provisional charter to be amended and, as so amended, extended, it was

Voted, that the provisional charter of the Archangel School, located in the city of Rochester, county of Monroe, state of New York, which was granted by action of the Board of Regents on December 18, 1992; which provisional charter was amended by Regents action on April 24, 1996 be, and the same hereby is, amended to change the corporate address to 4100 Lyell Avenue, Rochester, New York 14606, and as so amended, extended until April 29, 2008; and prior to that date, an application for the further extension of such provisional charter or for an absolute charter will be entertained by the Regents, but, in the event that such application is not made, then after April 29, 2008 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

BROOKLYN AMITY SCHOOL. An application having been made by and on behalf of the trustees of Brooklyn Amity School, for its provisional charter to be extended, it was

Voted, that the provisional charter of the Brooklyn Amity School, located in Brooklyn, county of Kings, state of New York, which was granted by action of the Board of Regents under the corporate name Tolerance Academy of America" on November 6, 1998; which provisional charter was amended by Regents action on July 16, 1999 to change the corporate name to "Brooklyn Amity School" and extended by Regents action on February 8, 2000 be, and the same hereby is, extended until April 29, 2006; and prior to that date, an application for the further extension of such provisional charter or for an absolute charter will be entertained by the Regents, but, in the event that such application is not made, then after April 29, 2006 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

EMPIRE STATE ACADEMY. An application having been made by and on behalf of the trustees of Empire State Academy, for its provisional charter to be amended and, as so amended, extended, it was

Voted, that the provisional charter of the Empire State Academy, located in Brooklyn, county of Kings, state of New York, which was granted by action of the Board of Regents on February 8, 2000 be, and the same hereby is, amended to delete authority to operate a day care center; to add authority for the corporation to operate a playgroup component for which parents and guardians always accompany children from three to six years of age; and to specify that the school operated by the corporation is located at 425 East 9th Street, Brooklyn, New York 11219, and that the corporate address continues to be 1049 38th Street, Brooklyn, New York 11219 and as so amended, extended until April 29, 2006; and prior to that date, an application for the further extension of such provisional charter or for an absolute charter will be entertained by the Regents, but, in the event that such application is not made, then after April 29, 2006 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

LOVE OF LEARNING MONTESSORI SCHOOL. An application having been made by and on behalf of the trustees of Love of Learning Montessori School, for its provisional charter to be amended and, as so amended, extended, it was

Voted, that the provisional charter of the Love of Learning Montessori School, located in Huntington Station, county of Suffolk, state of New York, which was granted by action of the Board of Regents on February 8, 2000 be, and the same hereby is, amended to authorize the corporation to also operate at St. Lawrence of Canterbury Church, 655 Old Country Road, Dix Hills, New York 11746, and as so amended, extended until April 29, 2006; and prior to that date, an application for the further extension of such provisional charter or for an absolute charter will be entertained by the Regents, but, in the event that such application is not made, then after April 29, 2006 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

MSUP ELEMENTARY SCHOOL. An application having been made by and on behalf of the trustees of MSUP Elementary School, for its provisional charter to be amended and, as so amended, extended, it was

Voted, that the provisional charter of the MSUP Elementary School, located in Roosevelt, county of Nassau, state of New York, which was granted by action of the Board of Regents on February 6, 2001 be, and the same hereby is, extended until April 29, 2006; and prior to that date, an application for the further extension of such provisional charter or for an absolute charter will be entertained by the Regents, but, in the event that such application is not made, then after April 29, 2006 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

NORTHERN LIGHTS SCHOOL. An application having been made by and on behalf of the trustees of Northern Lights School, for its provisional charter to be extended, it was

Voted, that the provisional charter of the Northern Lights School, located in Wilmington, county of Essex, state of New York, which was granted by action of the Board of Regents on April 29, 1997; which provisional charter was extended by Regents action on June 13, 2000 be, and the same hereby is, extended until April 29, 2006; and prior to that date, an application for the further extension of such provisional charter or for an absolute charter will be entertained by the Regents, but, in the event that such application is not made, then after April 29, 2006 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

ROSA LEE YOUNG CHILDHOOD CENTER and ROSA LEE YOUNG CHILDHOOD CENTER, INC.

The Rosa Lee Young Childhood Center, located in Rockville Centre, county of Nassau, state of New York, has petitioned the Board of Regents for the issuance of a provisional charter.

The Rosa Lee Young Childhood Center, Inc., located in Rockville Centre, county of Nassau, state of New York, was incorporated pursuant to �402 of the Not-for-Profit Corporation Law (NPCL) on November 6, 1972.

The boards of trustees of the Rosa Lee Young Childhood Center and of Rosa Lee Young Childhood Center, Inc., have petitioned the Board of Regents, pursuant to Education Law �223, for an order consolidating the said corporations under one name, to wit, Rosa Lee Young Childhood Center, in accordance with an agreement of consolidation annexed to the petition, with power to carry on and conduct the educational activities heretofore carried on and conducted by said petitioners, and it was

Voted, that

1. Pursuant to the authority contained in Education Law �223, the Rosa Lee Young Childhood Center and Rosa Lee Young Childhood Center, Inc., be and hereby are consolidated under the name Rosa Lee Young Childhood Center.

2. The principal office of the consolidated corporation shall be located at 180 North Village Avenue, Rockville Centre, New York 11570.

3. The consolidated corporation will continue to administer the educational operations and purposes of the constituent corporations in the same manner as they presently exist, and the purposes of the consolidated corporation are:

a. To establish and operate day care centers for children in New York State, in Nassau County, provided that before each such facility shall be established, or opened, the prior written approval of the New York State Office of Children and Family Services must be obtained;

b. To establish and operate a center based preschool for children from birth to three years of age;

c. To establish and operate a toddler program for children from eighteen months to three years of age;

d. To establish and operate a nursery school for preschool children from three to five years of age;

e. To establish and operate a kindergarten for children who are age eligible to attend kindergarten in the public school district in which they reside;

f. To establish and operate an after school program for children from five to eleven years of age; and

g. To establish and operate a summer program for children from birth to eleven years of age.

4. The separate existence of the constituent corporations hereby ceases, and the consolidated corporation is hereby vested with all the rights, privileges, immunities, powers and authority possessed by or granted by law to each of the constituent corporations. All assets and liabilities of the respective predecessor corporations are hereby assets and liabilities of the consolidated corporation. All property, real, personal and mixed and all debts to each of the corporations on whatever account are hereby attached to the consolidated corporation and may be enforced against it to the same extent as if the debts, liabilities and duties had been incurred or contracted by it.

5. Nettie Becker, Ann Chin, Anita LaSpina, Sheila Meindl, and Catherine Pucciarelli constitute the first board of trustees, to serve until the first annual meeting of the consolidated corporation. The board has power to adopt bylaws, including therein provisions fixing the method of election and the term of office of trustees, and has power by vote of two-thirds of all the members of the board of trustees to change the number of trustees to be not more than twenty-five nor less than five.

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

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

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

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

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

11. The consolidation herein shall take effect immediately.

12. The consolidated corporation will operate under the provisional charter hereby granted to the Rose Lee Young Childhood Centre.

ETNA NURSERY SCHOOL. An application having been made by and on behalf of the trustees of Etna Nursery School, for its charter to be dissolved, and for approval of the distribution of its remaining corporate assets to The Day Care and Child Development Council of Tompkins County, Inc., a not-for-profit corporation incorporated under the Department of State on June 23, 1972 and it appearing from the petition that all taxes payable by the corporation have been paid, it was

Voted, that the absolute charter of Etna Nursery School, located in Freeville, county of Tompkins, state of New York, which was granted by action of the Board of Regents on January 22, 1975 to operate a nursery school for children of northeastern Tompkins County; which provisional charter was made absolute by Regents action on April 27, 1979 be, and the same hereby is, dissolved, and that notice to such effect be given to the board of trustees of the corporation, and that the distribution of the corporation�s assets to The Day Care and Child Development Council of Tompkins County, Inc. be, and the same hereby is, approved.

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

Voted, that the provisional charter of Molloy College, located in Rockville Centre, county of Nassau, and state of New York, which was granted by action of the Board of Regents under the corporate name "Molloy Catholic College for Women" on January 28, 1955, which provisional charter was made absolute by Regents action on January 28, 1960; which absolute charter was amended by Regents action on September 24, 1965, February 26, 1971 to change the corporate name to "Molloy College," to make the College coeducational and to delete authority for the College to operate its branch campus in Amityville, May 28, 1976, May 25, 1984, December 16, 1988 and July 17, 1998 be, and the same hereby is, amended to authorize the corporation to confer the Bachelor of Fine Arts (B.F.A.) degree.

NEW YORK INSTITUTE OF CHINESE MEDICINE. An application having been made by and on behalf of the trustees of New York Institute of Chinese Medicine, for an amendment of its charter, it was

Voted, that the provisional charter of New York Institute of Chinese Medicine, located in Mineola, county of Nassau, and state of New York, which was granted by action of the Board of Regents on February 7, 1996, which provisional charter was amended by Regents action on March 11, 1997 and made absolute by Regents action on November 9, 2001 be, and the same hereby is, amended to authorize the corporation to confer the Bachelor of Professional Studies (B.P.S.) and Master of Science (M.S.) degrees.

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

Voted, that the provisional charter of Touro College, located in the city, county, and state of New York, which was granted by action of the Board of Regents June 26, 1970; which provisional charter was amended by Regents action on April 11, 1973, June 28, 1974, and extended on June 27, 1975; and was consolidated on June 21, 1979 with Jewish Teachers Seminary and People�s University, a domestic corporation incorporated pursuant to Chapter 593 of Laws 1935 and with Herzliah Hebrew Teachers Institute, Inc. which was incorporated by action of the Board of Regents under the corporate name "Herzliah Hebrew Academy, Inc." on February 15, 1923 and amended by Regents action on February 15, 1946 to change the corporate name to "Herzliah Hebrew Institute, Inc." and, as amended, made absolute; which provisional charter of such consolidated corporation was extended by Regents action on November 19, 1982, amended by Regents action on September 21, 1984, extended by Regents action on January 20, 1988 and made absolute by Regents action on January 17, 1990; which absolute charter was amended by Regents action on September 19, 1997 be, and the same hereby is, amended to authorize the corporation to confer the Doctor of Physical Therapy (D.P.T.) degree at its Main Campus in Manhattan and at its Branch Campus in Huntington, New York.

 

 

 

 

APPENDIX II

REGENTS ACTIONS IN 60 PROFESSIONAL DISCIPLINE CASES

AND 2 RESTORATION PETITIONS

April 28-29, 2003

The Board of Regents announced disciplinary actions resulting in the revocation of 3 licenses, one of which was originally an enrollment, surrender of 6 licenses, one of which was originally a certificate, and 54 other disciplinary actions. In addition, the Board acted upon 2 restoration petitions.


  1. REVOCATIONS AND SURRENDERS

Dentistry

Samuel S. Hymowitz; 82 Duck Pond Drive, Manhasset, NY 11030-4031; Lic. No. 027562; Cal. No. 17013; Found guilty of professional misconduct; Penalty: Revocation.

Julya Boginsky; 8520 20th Avenue, Brooklyn, NY 11214; Lic. No. 043948; Cal. No. 20244; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted of Grand Larceny in the 3rd Degree.

Nursing

John Lemieszewski; Registered Professional Nurse; 173-13 69th Avenue, Fresh Meadows, NY 11365; Lic. No. 346746; Cal. No. 19989; Found guilty of professional misconduct; Penalty: Revocation, $1,000 fine.

Jimmy Lee Dutton; Licensed Practical Nurse; 155 Union Avenue, Mount Vernon, NY 10550; Lic. No. 151353; Cal. No. 20858; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted of Attempted Unauthorized Practice, a class A misdemeanor.


Pharmacy

Gerard Pizzorno; 58 Perry Street, New York, NY 10014; Lic. No. 033505; Cal. No. 20871; Application to surrender license granted. Summary: Licensee admitted to the charge of practicing as a pharmacist while his license was surrendered to the Professional Assistance Program.

 

 

 

Public Accountancy

Samuel M. Ward; Public Accountant; Ft. Dix, NJ 08640; Lic. (enrollment) No. 007789; Cal. No. 20148; Found guilty of professional misconduct; Penalty: Revocation, $7,500 fine.

Erasmo Taveras; Certified Public Accountant; 5223 Broadway, Bronx, NY 10463; Lic. No. 040326; Cal. No. 20824; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted of Conducting a Financial Transaction to Avoid Reporting Requirements.

Jay Steven Ozer; Certified Public Accountant; 9121 North Kober Road, Paradise Valley, AZ 85253; Lic. (Cert.) No. 027514; Cal. No. 20887; Application to surrender license (certificate) granted. Summary: Licensee did not contest the charge of, after performing audits of the financial statements of an entity for three separate fiscal years, issuing unqualified opinions indicating that the financial statements were in compliance with generally accepted accounting principles (GAAP) when these statements were not in compliance with GAAP; and in performing the audits of the same entity for four other years, licensee failed to follow generally accepted auditing standards (GAAS).

Social Work

William Wolmart; 35 Village Hill Drive, Dix Hills, NY 11746; Lic. No. 018817; Cal. No. 20714; Application to surrender license granted. Summary: Licensee did not contest the charge of being convicted of Manslaughter in the 2nd Degree, a class C felony, and Driving While Intoxicated and Vehicular Assault in the 2nd Degree, both class E felonies.

II. OTHER REGENTS DISCIPLINARY ACTIONS

Dentistry

Curtis Mark Johnson; 256 Country Ridge Road, Scarsdale, NY 10583; Lic. No. 035175; Cal. No. 18842; Dismissed.

Robert M. Pellegrino; 241 Westminster Boulevard, West Hempstead, NY 11552; Lic. No. 032408; Cal. No. 19852; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, probation 1 year, $1,500 fine.

Daniela Spector; 14 Nirvana Avenue, Great Neck, NY 11023; Lic. No. 045405; Cal. No. 20593; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $500 fine.

Massage Therapy

Jeffrey S. Canale; 2 Orchard Drive, Le Roy, NY 14482; Lic. No. 011550; Cal. No. 20377; Application for consent order granted; Penalty agreed upon: 24 month suspension, execution of last 23 months of suspension stayed, probation 2 years.

Beth Anderson; 25 Neptune Boulevard, Long Beach, NY 11561; Lic. No. 014661; Cal. No. 20582; Application for consent order granted; Penalty agreed upon: 24 month suspension, execution of last 21 months of suspension stayed, probation 2 years.

Roy Paiva; 93 Jefferson Road, Farmingdale, NY 11735; Lic. No. 010870; Cal. No. 20651; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $750 fine.

Midwifery

Janine Quinlan; 8282 Wickham Boulevard, Sodus Point, NY 14555; Lic. No. 000377; Cal. No. 20652; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $1,000 fine.

Nursing

Janice Armer; Licensed Practical Nurse, Registered Professional Nurse; 221 Church Street, Amsterdam, NY 12010; Lic. Nos. 134257, 334066; Cal. Nos. 20113, 20114; Found guilty of professional misconduct; Penalty: 24 month suspension, execution of last 22 months of suspension stayed, probation for last 22 months.

Susan A. Scarborough; Licensed Practical Nurse; 1118 McClellan Street, Schenectady, NY 12309; Lic. No. 146495; Cal. No. 20185; Found guilty of professional misconduct; Penalty: Suspension until terminated as set forth in Regents Review Committee report � upon termination of suspension, probation 2 years and shall commence upon return to practice.

Karen Ann Tchorznicki; Licensed Practical Nurse; 83 Unger Avenue, Buffalo, NY 14210; Lic. No. 212727; Cal. No. 20456; Found guilty of professional misconduct; Penalty: 2 year suspension, execution of suspension stayed, probation 2 years.

Jacqueline L. Dennis; Registered Professional Nurse; 61 Tacoma Street, Rochester, NY 14613; Lic. No. 313852; Cal. No. 19994; Application for consent order granted; Penalty agreed upon: 5 year suspension with leave to apply, after a minimum of 3 years, for early termination as set forth in consent order application � upon service or early termination of suspension, probation 5 years.

Roy Sisson; Licensed Practical Nurse, Registered Professional Nurse; 2436 Seneca Street, Buffalo, NY 14210; Lic. Nos. 223437, 448281; Cal. Nos. 20384, 20385; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $500 fine.

Teodoro Antonio Bulalacao; Licensed Practical Nurse; 603 Tompkins Avenue, Staten Island, NY 10305; Lic. No. 265221; Cal. No. 20526; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year.

Sandra Delores Ayala; Licensed Practical Nurse; 702 Taylor Avenue, Bronx, NY 10473; Lic. No. 200993; Cal. No. 20534; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $250 fine.

J. David Boyd; Registered Professional Nurse; 2036 Route 9, Germantown, NY 12526; Lic. No. 401722; Cal. No. 20576; Application for consent order granted; Penalty agreed upon: Suspension for no less than 6 months and until terminated as set forth in consent order application � upon termination of suspension, probation 2 years to commence upon return to practice, $500 fine.

Harry R. Anderssen a/k/a Harry Robert Anderssen; Licensed Practical Nurse, Registered Professional Nurse; P.O. Box 315, Owego, NY 13827; Lic. Nos. 143453, 388233; Cal. Nos. 20634, 20635; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $500 fine.

Carol Anne Seguss; Licensed Practical Nurse; 22 Black Creek Road, Rochester, NY 14623; Lic. No. 210013; Cal. No. 20637; Application for consent order granted; Penalty agreed upon: Suspension until terminated as set forth in consent order application - upon termination of suspension, probation 2 years to commence upon return to practice, $500 fine.

Tracy Marie Kemmet; Licensed Practical Nurse; 253 Brookdale Park, Rochester, NY 14609; Lic. No. 232432; Cal. No. 20650; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $750 fine.

Caroline A. Quinn; Registered Professional Nurse; 500 Peconic Street, Ronkonkoma, NY 11779; Lic. No. 331429; Cal. No. 20668; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of last 23 months of suspension stayed, probation 2 years, $500 fine.

Daniel Lawlor Simpkins; Licensed Practical Nurse, Registered Professional Nurse; P.O. Box 1042, Rome, NY 13442; Lic. Nos. 230500, 483083; Cal. Nos. 20672, 20673; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $500 fine.

Anne T. DeRosa a/k/a Ann C. Towers; Licensed Practical Nurse, Registered Professional Nurse; 1998 Route 112, Coram, NY 11727; Lic. Nos. 120903, 372696; Cal. Nos. 20677, 20678; Application for consent order granted; Penalty agreed upon: 24 month suspension, execution of last 22 months of suspension stayed, probation 2 years.

Linda Carol Catanzano; Licensed Practical Nurse, Registered Professional Nurse; 345 West Nicholai Street, Hicksville, NY 11801; Lic. Nos. 100582, 274006; Cal. Nos. 20688, 18765; Application for consent order granted; Penalty agreed upon: 3 month suspension or until terminated as set forth in consent order application, probation 1 year.

Donna L. Stokes; Licensed Practical Nurse; P.O. Box 1294, Springer Road, Richfield Springs, NY 13439; Lic. No. 249029; Cal. No. 20690; Application for consent order granted; Penalty agreed upon: Suspension until terminated as set forth in consent order application � upon termination of suspension, probation 2 years to commence upon return to practice, $250 fine.

June Prud�homme Georges; Licensed Practical Nurse, Registered Professional Nurse; 290 American Boulevard, Brentwood, NY 11717; Lic. Nos. 170148, 417968; Cal. Nos. 20711, 20613; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of last 23 months of suspension stayed, probation 2 years, $500 fine.

Jaye Lynn Leonard; Licensed Practical Nurse; 1485 Hollister Hill, Delhi, NY 13753; Lic. No. 262797; Cal. No. 20760; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $500 fine.

Julie Lynne Messina; Licensed Practical Nurse, Registered Professional Nurse; 3 Catherine Court, Castleton-on-Hudson, NY 12033; Lic. Nos. 209769, 425582; Cal. Nos. 20773, 20772; Application for consent order granted; Penalty agreed upon: Suspension until terminated as set forth in consent order application � upon termination of suspension, probation 2 years to commence upon return to practice, $500 fine.

Marilyn M. Piarno-Stanzel; Registered Professional Nurse; 396 West Fulton Street Extension, Gloversville, NY 12078; Lic. No. 282797; Cal. No. 20822; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $500 fine.

Pharmacy

Irina Mikhaylovna Kreychman; 40 Glenwood Road, Plainview, NY 11803; Lic. No. 046636; Cal. No. 20322; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, $500 fine.

Robert A. Rochford; 456 West Bay Drive, Long Beach, NY 11561; Lic. No. 031945; Cal. No. 20360; Application for consent order granted; Penalty agreed upon: 24 month suspension, execution of last 12 months of suspension stayed, probation 2 years, $5,000 fine.

Lenox Avenue CVS, L.L.C.; Pharmacy; 130 Lenox Avenue, New York, NY 10026; Reg. No. 025164; Cal. No. 20530; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $7,500 fine.

Richard S. Metzger; 324 Osborne Road, Loudonville, NY 12211; Lic. No. 030251; Cal. No. 20573; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of last 18 months of suspension stayed, probation 2 years, $1,500 fine.

Jeffrey Michael Knapp; 396 Churchill Lane, Fayetteville, NY 13066; Lic. No. 046743; Cal. No. 20597; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $5,000 fine.

Steven Michael Bellantoni; 51 Smith Crossing Road, Wappingers Falls, NY 12590; Lic. No. 035983; Cal. No. 20600; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $1,000 fine.

Abu Kabir; 26 Winchester Drive, Muttontown, NY 11545; Lic. No. 035063; Cal. No. 20614; Application for consent order granted; Penalty agreed upon: 1 year suspension -after service of suspension, probation 2 years.

William F. Nieffer; 139 Upper Esopus, Creek Road, Saugerties, NY 12477; Lic. No. 021497; Cal. No. 20700; Application for consent order granted; Penalty agreed upon: 3 year suspension with leave to apply for a stay of execution of any unserved portion of said suspension as set forth in consent order application � upon service or stay of execution of any unserved portion of the aforesaid suspension, probation 2 years.

Public Accountancy

Michael W. Holden, C.P.A, P.C.; 2029 Route 9, Fishkill, NY 12524; Cal. No. 20365; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $1,000 fine.

Michael W. Holden; Certified Public Accountant; 132 South Franklin Turnpike, Ramsey, NJ 07446; Lic. No. 061003; Cal. No. 20366; Application for consent order granted; Penalty agreed upon: Partial suspension in certain area until terminated as set forth in consent order application � following termination of partial suspension, probation 2 years.

Pat Anthony Rossetti; Certified Public Accountant; 569 Syracuse Avenue, North Massapequa, NY 11758; Lic. No. 047842; Cal. No. 20567; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $1,000 fine.

Respiratory Therapy

Clement Andries, Jr.; Respiratory Therapist; 1016 50th Street, Brooklyn, NY 11219; Lic. No. 003873; Cal. No. 18620; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of last 9 months of suspension stayed, probation 1 year, $500 fine.

Speech-Language Pathology

Donna M. Duncan; P.O. Box 658, Hynes Road, Poughquag, NY 12570; Lic. No. 001241; Cal. No. 20653; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $1,500 fine.

Veterinary Medicine

Danielle M. Gomes; Veterinary Technician; 219 East 121st Street, New York, NY 10035; Lic. No. 003162; Cal. No. 20528; Application for consent order granted; Penalty agreed upon: Suspension for not less than 6 months and until terminated as set forth in consent order application � upon termination of suspension, probation 2 years.

Samantha McCarthy; Veterinary Technician; 95-55 115th Street, Richmond Hill, NY 11419; Lic. No. 002174; Cal. No. 20640; Application for consent order granted; Penalty agreed upon: 24 month suspension, execution of last 18 months of suspension stayed, probation 2 years.

Robert Donald Hamilton; 1961 State Route 14, Lyons, NY 14489; Lic. No. 004546; Cal. No. 20739; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, probation 1 year.


  1. RESTORATIONS

The Board of Regents voted on April 29, 2003 to stay the order of revocation of the physician license of Lorenzo Margini, 9 East 96th Street, New York, NY 10128, for five years, place him on probation for five years under specified terms and conditions, and upon successful completion of the probationary period, fully restore his license. Dr. Margini�s license was originally revoked effective October 22, 1997.

The Board of Regents voted on April 29, 2003 to deny the petition for restoration of the pharmacist license of Mohammed Azeem, 65 Casey Lane, Mt. Sinai, NY 11766. Mr. Azeem�s license was originally revoked effective January 20, 1993.