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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 20 and 21, 2009

Anthony Lofrumento, Secretary

Board of Regents


THE BOARD OF REGENTS

              The Board of Regents of The University of the State of New York held public sessions on Monday, April 20 at 9:40 a.m. and Tuesday, April 21 at 11:30 a.m. pursuant to a call duly sent to each Regent.

MEETING OF THE FULL BOARD, Monday, April 20, 9:40 a.m.

Board Members in Attendance:

 

Merryl H. Tisch, Chancellor

Milton L. Cofield, Vice Chancellor

James C. Dawson

Robert M. Bennett

Anthony S. Bottar

Geraldine D. Chapey

Harry Phillips, 3rd

Joseph E. Bowman, Jr.

James R. Tallon, Jr.

Roger Tilles

Charles R. Bendit

Betty A. Rosa

Lester W. Young, Jr.

Christine D. Cea

Wade S. Norwood

              Also present were the Commissioner of Education, Richard P. Mills, Counsel and Deputy Commissioner for Legal Affairs, Kathy Ahearn, and the Secretary, Board of Regents, Anthony Lofrumento.  Regents Saul B. Cohen and Karen Brooks Hopkins were absent and excused.

              Chancellor Merryl H. Tisch called the meeting to order at 9:40 a.m.

ACTION ITEMS

 

Executive Session Motion

              MOVED, that the Board of Regents convene in Executive Session on Tuesday, April 21 at 8:00 a.m. for the purpose of discussing personnel matters.

              Motion by:               Vice Chancellor Milton L. Cofield

              Seconded by:           Regent James R. Tallon, Jr.

              Action:                     Motion carried unanimously

 

Charter Applications for April 2009

BR (A) 1

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

               Motion by:              Regent Geraldine D. Chapey  

              Seconded by:           Regent Harry Phillips, 3rd

              Action:                     Motion carried unanimously 

Summary of the March 2009 Meeting

BR (A) 2

              MOVED, that the Summary of the March 2009 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 Harry Phillips, 3rd

              Action:                     Motion carried unanimously

Supplemental Charter Application for April 2009

BR (A) 3

              MOVED, that the Regents approve the application in accordance with the recommendation contained in the summary.

              Motion by:               Regent Geraldine D. Chapey    

              Seconded by:           Regent Harry Phillips, 3rd

              Action:                     Motion carried unanimously 

Regents Monthly Meeting Dates, January – December 2010

BR (A) 4

              MOVED, that the Regents approve the meeting dates for the period January – December 2010.

              Motion by:               Regent Geraldine D. Chapey 

              Seconded by:           Regent Harry Phillips, 3rd

              Action:                     Motion carried unanimously 

Designation of Robert M. Bennett as Chancellor Emeritus

                            MOVED, that the Secretary of the Board of Regents cast a ballot for the purpose of designating Robert M. Bennett Chancellor Emeritus, effective immediately.

              Motion by:               Chancellor Merryl H. Tisch

              Seconded by:           Regent Harry Phillips, 3rd and All

              Action:                     Motion carried unanimously

DISCUSSION ITEM

Critical Data Issues Part I: Improvements to the K-12 Data System

BR (D) 2

              Item presented to the Board by Regent Bottar and Johanna Duncan-Poitier.

INFORMATION ITEMS

American Recovery and Reinvestment Act (ARRA) – New York and the Race to the Top

Oral

              The Chancellor and Commissioner shared information on recent meetings in Chicago that provided clarification on ARRA guidelines, possible collaboration with other states, and work to be done including next steps.

Commissioner’s Report to the Board

Oral

              The Commissioners Report was shared with the Board.

              Full Board adjourned at 11:10 a.m.

 

MEETING OF THE FULL BOARD, Tuesday, April 21, 11:30 a.m.

Board Members in Attendance:

 

Merryl H. Tisch, Chancellor

Milton L. Cofield, Vice Chancellor

Robert M. Bennett, Chancellor Emeritus

James C. Dawson

Anthony S. Bottar

Geraldine D. Chapey

Harry Phillips, 3rd

Joseph E. Bowman, Jr.

James R. Tallon, Jr.

Roger Tilles

Karen Brooks Hopkins

Charles R. Bendit

Betty A. Rosa

Lester W. Young, Jr.

Christine D. Cea

Wade S. Norwood

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

              Chancellor Merryl H. Tisch called the meeting to order at 11:30 a.m.

ACTION ITEM

Appointment of Carole Huxley as Interim Commissioner

              Motion, that the Board of Regents appoint Carole F. Huxley as Interim Commissioner of Education and President of the University of the State of New York effective July 1, 2009.

              Motion by:               Chancellor Merryl H. Tisch

              Seconded by:           Regent James C. Dawson

              Action:                     Motion carried unanimously

State Education Department March 2009 Fiscal Report

BR (A) 5

                  

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

              Motion by:               Regent James R. Tallon, Jr.

              Seconded by:           Regent Roger Tilles

              Action:                     Motion carried unanimously

DISCUSSION ITEM

“Progressive Dialog” on Ways to Improve K-12 Science, Technology, Engineering, and Mathematics (STEM) Education in NYS

              Presentation by Regent Bowman and Mark Smith, Ph.D., Rensselaer Polytechnic Institute.

INFORMATION ITEM

Commissioner’s Summary

Oral

              Commissioner Richard P. Mills summarized the meeting, including among other topics, problem solving strategies, naming Interim Commissioner, ARRA and Race to the Top, achievement on P-12 data and increasing capacity, collection management rules and relationship with legislature, implications of accountancy practice, teacher tenure issues, cycle time improvements, 3-8 testing options, credit recovery, and new look at foundation aid.

STANDING COMMITTEE REPORTS

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

              Motion by:               Regent James C. Dawson    

              Seconded by:           Regent Geraldine D. Chapey

              Action:                     Motion carried unanimously

Full Board adjourned at 12:15 p.m.

 

REGENTS SUBCOMMITTEE ON AUDITS

Regent Geraldine Chapey, Chair of the Regents Subcommittee on Audits submitted the following report.

Your Regents Subcommittee on Audits had its scheduled meeting on April 20, 2009. Members of the Subcommittee in attendance were Regents Chapey, Bowman, and Vice Chancellor Cofield. Chancellor Tisch, Regents  Bendit, Cea, Norwood, Tilles and Young also attended 

Items for Discussion

Chair’s Remarks:  Regent Chapey welcomed everyone and opened the meeting by informing the attendee’s that the Chancellor and the Commissioner will be speaking to the Regents about the American Recovery and Reinvestment Act over the course of the two day Regents’ meeting.  The Act will provide unprecedented funding that will allow New York to continue to advance educational reform across school districts in the State. The massive influx of funds attached to requirements for distributing them on an extremely rapid schedule while maintaining transparency and accountability will place increasing emphasis on auditing, fiscal monitoring and analysis.   .

Follow-up on the Audits

Staff briefed the Subcommittee on follow-up actions the Department has taken in the first quarter of 2009. Staff continues to follow-up on audits that have been identified by the Internal Audit Workgroup and presented to the Subcommittee. One area of follow-up concerns the appropriate funding of reserves in general, particularly the Employee Benefit Accrued Liability Reserve. We discussed the guidance that is available and agreed that the policy implications should be further discussed at the State Aid Subcommittee.   

Analysis of the Financial Statements of School District and BOCES

The monitoring of the financial condition of school districts and BOCES is an important step in enhancing accountability of fiscal resources. The Department annually receives reviews and analyzes more that 700 certified financial statements and almost an equal number of federal single audits. Because of this information the Department is well positioned to assess the impact of the stimulus funds on school districts.  Staff from the Office of Audit Services described the process used by the Department to analyze financial statements and monitor the fiscal condition of school districts and BOCES. The process involves receipt and analysis of financial statements and Federal single audit reports. The members were provided with a list of school districts in fiscal stress and fiscal concern. After some discussion the Subcommittee asked for a combined longitudinal analysis of both fiscal and academic performance indicators of the eight districts identified as being in fiscal stress. By examining these indicators it is believed the Department can gain a more complete understanding of the issues and possible solutions to the problems faced by those districts. A future joint meeting between the Regents Subcommittees on Audits and State Aid will be scheduled to discuss the results.

We also discussed the analysis of financial statements of charter schools. We were informed that the Department has not developed a process to identify charter schools in fiscal stress. The members asked that the development of such as system be considered. 

The members were also briefed on the fiscal condition of the Wyandanch and Roosevelt school districts. After some discussion it was agreed that Roosevelt School District Officials would be asked to meet with the Full Board of Regents at a meeting in the near future.

Presentation of Audits

Nine audits were presented to the Subcommittee this month. Eight were reviewed by the Department’s Internal Audit Workgroup and none of the eight were identified for further review and follow-up. However, a ninth audit was issued by the Office of the State Comptroller subsequent to the meeting of the Workgroup. That audit was presented to the Subcommittee and staff from the Office of the State Comptroller provided a summary of the findings. The audit found that 2 of 12 schools tested had overstated their graduation rate by more than 5 percentage points and four of 12 schools had understated their dropout rates by more than 5 percentage points. We discussed the particular audit methodology used. Department staff updated us on the system improvements already taken.

The Subcommittee was presented with eight audits in addition, to the one already mentioned. The findings were in the areas of procurement, cash, information technology, financial reporting, payroll, claims processing, use of recycled paper and billing for facility rentals.

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

 

REGENTS COMMITTEE ON CULTURAL EDUCATION

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

Your Committee on Cultural Education had its scheduled meeting on April 20, 2009.

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

Chancellor Tisch, Regents Young, Norwood and Bendit

Absent: Regent Phillips

 

ITEMS FOR DISCUSSION

Chair’s Remarks: Regent Dawson greeted everyone and opened the meeting with the first agenda item.

CE (D) 1  Regents Advisor Council (RAC) Report to Regents              

Bernard Margolis, Assistant Commissioner for the Libraries and State Librarian introduced RAC, the oldest continuing Regents advisory body, and Chair, Norm Jacknis.  RAC is responsible for keeping the Board of Regents informed about the conditions and needs of the State's libraries, and to suggest policies and actions that would make those libraries more useful for the residents of New York State.  Mr. Jacknis, in his extensive report, provided background on the Council, its responsibilities to libraries, its challenges faced, the role libraries have in the education of all New Yorkers and the need to re-evaluate library services in the internet age. This year’s report focused on the unprecedented fiscal challenges facing libraries, the critical role of libraries in the larger educational mission of the Regents and the need to ensure the significance of libraries in a 21st Century Information Age. A written report was provided to CE Committee members and made available to meeting attendees.  Also in attendance and provided background information were RAC members Barbara Hamlin, Jill Hurst-Wahl, John Monahan and Bridget Quinn-Carey.

The meeting was opened to questions and discussion.

CE (A) 1 Action item - proposed Emergency Amendment of Regents Rules section 3.27, relating to Collections Management

Regent Dawson introduced the above item which was first discussed by and adopted by the full Board as an emergency action in December; renewed as an emergency action at the March meeting, with an effective date of March 19, (which will expire on May 17).  In order to avoid the adverse effects of a lapse in the emergency rule, the rule must be readopted as a third emergency action at today’s meeting.  This third emergency rule will become effective May 18, and will expire 60 days from that date.

Representatives of the Regents, State Education Department, Museum Association of NY and museum constituents have worked with Assemblyman Brodsky to develop legislation which will apply collections management standards to all museums and collecting institutions.  Permanent amendment of Rule 3.27 will be presented to the CE Committee at the July Regents which incorporates the terms of Assembly bill A.6959 introduced by Assemblyman Richard Brodsky, chair of Corporations, Authorities and Commissions.

Motion to approve the proposed Emergency Amendment of Regents Rules section 3.27, relating to Collections Management as presented.

Motion by: Regent Tilles

Seconded by: Regents Bowman

Action:  Motion carried unanimously

CE (D) 2  Related to Article 7 Legislation - Cultural Education Committee will discuss funding formula for Educational Broadcast Councils and Public Radio Stations.

Regent Dawson mentioned the proposed Article 7 language was not included in the enacted State budget.  And, as suggested at the March 2009 CE Committee meeting, Liz Hood, Director of Educational Television and Public Broadcasting would report back to the Committee on this topic.

Ms. Hood presented a detailed report.  The Executive Budget, as proposed in December 2008, contained an Article 7 requirement that the Commissioner review the methodology used to allocate aid to educational broadcast councils and public radio stations to determine whether the allocation formula was appropriate and to ensure that distribution of State aid was equitable.

The committee reviewed the report and discussed the factors on which the allocation formula is based.  The presentation was followed by comments and discussion.  The committee did not request that further review be undertaken.

Deputy’s Report: Deputy Commissioner Jeffrey Cannell greeted everyone and thanked Chancellor Tisch and Regents Young, Norwood and Bendit for attending the CE Committee meeting.  Mr. Cannell gave a brief update regarding the Stewardship Facility, Records Center and CE Trust Board; and, referred Committee members to a map that was distributed at the beginning of the meeting representing libraries statewide that are participating in the Gates Broadband Grant Program.

REGENTS COMMITTEE ON ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

Your EMSC Committee held its scheduled meeting on April 20, 2009.  All Committee members were present except for Regent Cohen, who was excused.

ACTION ITEMS

Consent Agenda

              Your Committee recommends that the Board of Regents give consent to the issuance of bonds and/or bond anticipation notes by the Board of Education of the Olean City School District in an amount not to exceed $27,475,000 for capital improvements consisting of additions to, and reconstruction of school buildings and facilities throughout the district, and the issuance of such bonds and/or bond anticipation notes in excess of the constitutional debt limit of said school district.  [EMSC (CA) 1]

Charter Schools

Your Committee recommends that the Board of Regents approves and issues the first renewal charter of the KIPP Tech Valley Charter School as proposed by the Board of Trustees of the State University of New York, and that its provisional charter be extended for a term up through and including July 31, 2009.   [EMSC (A) 1]

Your Committee recommends that the Board of Regents approves the renewal application of the Riverhead Charter School, that a third renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2014.   [EMSC (A) 2]

Your Committee recommends that the Board of Regents approves and issues the charter of the John W. Lavelle Preparatory Charter School as proposed by the Chancellor of the city school district of the City of New York, and issues a provisional charter to it for a term of five years, up through and including April 21, 2014.  [EMSC (A) 3]

Your Committee recommends that the Board of Regents approves the renewal application of the Pinnacle Charter School, that a second renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2012.   [EMSC (A) 4]

Your Committee recommends that the Board of Regents approves and issues the first renewal charter of the Bronx Lighthouse Charter School as proposed by the Chancellor of the city school district of the City of New York, and that its provisional charter be extended for a term up through and including May 17, 2014.   [EMSC (A) 6]

Your Committee recommends that the Board of Regents approves and issues the first renewal charter of the Peninsula Preparatory Academy Charter School as proposed by the Chancellor of the city school district of the City of New York, and that its provisional charter be extended for a term up through and including July 19, 2012.  [EMSC (A) 7] 

Your Committee recommends that the Board of Regents approves the revision to the second renewal charter of the Amber Charter School as proposed by the Trustees of the State University of New York, and the provisional charter is amended accordingly.  [EMSC (A) 8]

State Aid Regulations

              Your Committee recommends that the Board of Regents amend section 174.2 of the Regulations of the Commissioner of Education as submitted, effective May 1, 2009, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare in order to immediately establish the methodology for computing allowable tuition rates for nonresident pupils for public reporting by school districts, so that affected school districts may timely prepare contracts for the reimbursement of school districts which provide instruction to nonresident pupils for the 2009-2010 school year, pursuant to statutory requirements.  [EMSC (A) 5]

MOTION FOR ACTION BY FULL BOARD

          

              Mr. Chancellor and Colleagues:  Your EMSC Committee recommends, and I move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on April 21, 2009, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

Proposed Amendment to Regulations Relating to the Use of Superintendents’ Conference Days – The Committee discussed proposed regulations that would allow school districts to use up to two of its superintendents' conference days in each school year for teacher rating of State assessments.  The proposed regulations would extend the sunset of this regulation to June 30, 2013.  The Department has monitored the progress on the training of teachers and the scoring by teachers and has determined that this regulation should be extended for four more years.  These regulations will be brought back in June for final approval.  [EMSC (D) 1]

Draft proposed Policy on “Making-up” Course Credit and Receiving Course Credit for Independent Study – The Committee discussed these alternative paths to graduation that have been used over time to enable students to take advantage of unique learning opportunities and to accommodate special circumstances.   Staff presented proposed amendments to regulations to provide clarity and specificity on when and how these  alternative pathways can be used and by which students.   These draft amendments would be sent to the field for comments and input.   After an in-depth discussion, there was consensus among Committee members that these two issues are very different and when presented to the field, should be presented separately.   In order to provide clarity and distinction, information on making up course credit will be disseminated to the field first.  This item will include the identification of student populations and schools that would be allowed to participate.  Following a brief comment period, staff will analyze the information received and come back to the Committee with a summary of the comments.  [EMSC (D) 2]

Update on United States Department of Education’s Graduation Rate Regulations – Consideration of an Extended-Year Graduation Rate – The Committee discussed Federal NCLB regulations promulgated in October 2008 that call for states to set a single graduation rate goal for all students as well as annual targets for districts and schools.  The discussion focused on whether or not the Regents want to request approval from USED to use an extended-year graduation rate which would give credit to schools and districts for students who take five or more years to graduation and if staff should prepare options for the Regents to consider concerning setting a new graduation rate goal and annual targets.  Staff will draft specific options for Regents consideration on these issues.   [EMSC (D) 3]

Research Report on Charter Schools in New York State – The Committee discussed a proposal from the Education Finance Research Consortium (EFRC) presented by Dr. James Wyckoff who described the proposal as a multi-phase report that would include examining the effectiveness of charter schools in New York State (if the available data support such an examination), a descriptive analysis of charter schools that would look at issues including where charter schools have developed, who attends charter schools,  how expenditure patterns compare between charter schools and other public schools, whether charter schools have influenced change in other public schools, etc., as well as a review of existing studies on charter schools in New York and other states.   Dr. Wyckoff also provided the Regents with a crosswalk of the specific issues the Regents have suggested for inclusion in the report and in which phase of the report those issues would be addressed.  Following additional questions raised by the Committee, Dr. Wyckoff will modify the proposal and provide a new version for the Board to consider.  [EMSC (D) 4]

Grades 3-8 Testing Policy Overview – The Regents continued their policy discussion regarding changes to the scheduling of the Grades 3-8 mathematics and English Language Arts examinations later in the year.   Staff provided four possible options for the Board to consider.  The Committee chose to eliminate Option 2 which would not allow for results to be reported in time to meet Federal accountability deadlines.  The Committee suggested that staff again survey the field concerning the remaining 3 options to inform the Board in their final decision for the test schedule for the 2010-2011 school year.   [EMSC (D) 5]

P-16 Policy Activity Follow-up – Due to time constraints, this item was not discussed.

REGENTS COMMITTEE ON HIGHER EDUCATION

              Your Higher Education Committee held its scheduled meeting on April 20, 2009.  All members were present except for Regent Cohen, who was excused.

Consent Agenda

Your Committee recommends that the Board of Regents authorize Monroe College to award the Master of Science (M.S.) degree.  [HE (CA) 1]

Your Committee recommends that the Board of Regents approve the amendment to the master plan of the State University of New York authorizing the State University of New York Institute of Technology at Utica/Rome to offer the program in Biology leading to a Bachelor of Science (B.S.) degree.  This amendment will be effective until April 30, 2010, unless the Department registers the program prior to that date, in which case master plan amendment shall be without term.  [HE (CA) 2]

Action Items

Daemen College

              Your Committee recommends that the Board of Regents continue accreditation of Daemen College’s teacher education programs until January 9, 2013, with the following conditions:

  • Each semester, starting from spring 2009, the College shall verify that all teacher education programs are in compliance with Sections 52.2(b)(1), 52.2(b)(4), 52.2(b)(5), and 52.21(b)(2)(h) of the Commissioner’s Regulations regarding faculty credentials, teaching assignment, teaching load, and sufficiency of full-time faculty. 
  • Annual reports shall provide evidence of 1) full integration of New York State Learning Standards into the curriculum of the undergraduate Adolescence Education programs; 2) candidates’ exposure to, and application of, effective use of technology into instruction; and 3) ongoing assessment of candidate achievement and graduate effectiveness and collection and analysis of data for program improvement for all programs, including effectiveness of teaching literacy for candidates and graduates in the Visual Arts Education program. 

[HE (A) 1]

Teacher Tenure

              The Committee discussed the need for an amendment to the Rules of the Board of Regents concerning the accrual of tenure for teachers who are serving in various instructional support services areas and are therefore not employed as classroom teachers at least 40 percent of the time.   A recent Commissioner’s decision under Section 310 of the Education Law revealed a 34-year-old gap in the Department’s teacher tenure regulations. The regulations governing accrual of tenure in a teacher’s certificate area require that he or she be employed as a classroom teacher at least 40 percent of the time.   This is a problem for those who have taken on assignments such as curriculum specialists, professional developers, and CSE committee chairs and who were not made aware that taking on these assignments would affect their tenure status or who were assigned to tenure areas that did not exist because it affects their seniority rights and their status for workforce reductions. Staff consulted extensively with interested parties including professional associations and crafted a proposed solution that would allow those affected teachers to have their service in these instructional support services areas be credited to the tenure area appropriate to their certification area.   The proposed amendment also addresses, prospectively, this matter for teachers who are employed in instructional support services capacities in the future, and ensures that they will also accrue seniority in the tenure areas for which they are appropriately certified.    The Committee approved the proposed amendments to the Rules of the Board of Regents as proposed. 

Your Committee recommends that a new subdivision (j) be added to section 30-1.1 of the Rules of the Board of Regents; that subdivisions (b) and (c) of section 30-1.2 be renumbered to subdivisions (c) and (d), new subdivision (b) be added, and renumbered subdivision (d) be amended; that subdivision (a) of section 30-1.9 be amended, subdivisions (b) through (e) be renumbered to subdivisions (c) through (f), a new subdivision (b) be added;  that paragraphs (23) through (46) of subdivision (b) of section 80-1.1 of the Regulations of the Commissioner of Education be renumbered to paragraphs (24) through (47) of subdivision (b), and a new paragraph (23) of subdivision (b) be added; and that a new section 80-5.21 be added, as submitted, effective May 1, 2009, as an emergency action upon a finding by the Board of Regents that such action is necessary for preservation of the general welfare in order to allow a teacher employed by a school district or BOCES to accrue tenure and seniority rights for the performance of instructional support services.   [HE (A) 2]

 

MOTION FOR ACTION BY FULL BOARD

              Mr. Chancellor and Colleagues:  Your Higher Education Committee recommends, and I move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on April 21, 2009, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

P-16 Policy Activity Update – The Senior Deputy Commissioner provided an update and meeting times for two important groups that are examining issues related to the preparation, recruitment and retention of teachers in urban school districts.  The Regents Work Group on Improving the Preparation and Retention of Teachers for Urban Education will meet on Thursday, April 23 at the American Museum of Natural History in New York City.  As a result of this Workgroup, a subgroup comprised of teachers has been formed.  They will meet on April 22 at the same location.  Agendas for those two meetings were distributed to Committee members.  The Committee also discussed feedback from the field on the new expedited registration process and the March 20 Assembly hearing on New York State's role in keeping community colleges affordable and accessible while assuring quality.

JOINT REGENTS COMMITTEE ON HIGHER EDUCATION AND ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

Your Higher Education and EMSC Committees held a joint meeting on April 20, 2009.  All Committee members were present except for Regent Cohen, who was excused.

 

MATTERS NOT REQUIRING BOARD ACTION

Efficiencies in Teacher Credential Processing – the Committees discussed planned changes in teacher certification processes that would create greater efficiencies in the certification process and produce increased revenue during a time of reduced resources.  Proposed amendments to regulations were discussed to address these changes.  They include:  modifying the individual transcript evaluation process; institution of a $50 fee for issuance of Internship certificates; the elimination of burdensome paper requirements and unnecessary requirements for applicants seeking time extensions and the reissuance of an initial certificate; and requiring an applicant who is seeking reissuance of their certification to retake and pass only the applicable Content Specialty Tests if the certification has been expired for more than two years. The Committee also discussed the need to further expedite the certification process and expressed the desire to expand beyond processing improvements and consider issues that impact directly on addressing teacher shortages.  The amendments discussed this month will come back to the Regents in June for action.  [HE/EMSC (D) 1]

Sunset of Supplementary Certificate and Supplementary Bilingual Education Extension – the Committee discussed proposed regulations relating to the elimination of the sunset date for Supplementary Certificates for teachers.  These certificates have proven to be effective in addressing shortages in schools and provide for a transition from areas of oversupply to those of high demand.  The Committee also discussed the creation of a new Supplementary Bilingual Education Extension. Proposed amendments to regulations would include establishing a supplementary bilingual education extension to create an additional pathway for teachers and pupil personnel service professionals to achieve certification in this shortage area.   The proposed amendment will be brought back in June for final approval.   [HE/EMSC (D) 2]

                                          REGENTS COMMITTEE ON PROFESSIONAL PRACTICE

              Your Higher Education and Professional Practice Committee held its scheduled meeting on April 20, 2009.   All members were present, except Chancellor Merryl H. Tisch, who was excused from the Executive Session, and Regent Saul B. Cohen, who was excused from the Executive Session and the Public Session.  Regent Christine D. Cea was also present, but did not vote on any case or action.

                                                                  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 7 cases, and modified in 1 case as hereafter set forth.  In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 42 consent order applications and 7 surrender applications be granted.  

        In the case of Vicky A. Depiazza, licensed practical nurse, Cal. No. 24084, we recommend that the recommendation of the Regents Review Committee as to the penalty to be imposed be modified, that, based upon all of the circumstances regarding respondent’s misconduct, the respondent’s license to practice as a licensed practical nurse in the State of New York be suspended for 24 months upon the specification of the charges of which respondent has been found guilty, that said 24 month suspension be stayed, that respondent be placed on probation for 24 months under the terms of probation prescribed by the Regents Review Committee, that said 24 month period of probation shall commence concurrently with the 24 month period of the suspension, that the fine recommended by the Regents Review Committee be eliminated, and the Report of the Regents Review Committee be otherwise accepted.

              These recommendations are made following the review of 57 cases involving twelve licensed practical nurses, eleven registered professional nurses, six dentists, five licensed practical nurses who are also registered professional nurses, three certified public accountants, three pharmacies, two veterinarians, one architect, one licensed master social worker who is also a licensed clinical social worker, one licensed practical nurse who is also a registered professional nurse who is also a nurse practitioner, one pharmacist, one psychologist, one respiratory therapist, and one veterinary professional corporation.

Restoration Petition

Voted, that the application of Cheryl L. Clifford for restoration of her license to practice as a registered professional nurse in the State of New York be granted without restriction.  [PPC EXS (A) 5]

Consent Agenda

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

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

              Your Committee recommends that section 77.10 of the Regulations of the Commissioner of Education relating to continuing education requirements for the professions of physical therapy and physical therapist assistant be added, as submitted, effective May 14, 2009.  [PPC (CA) 3]

              Your Committee recommends that section 63.9 of the Regulations of the Commissioner of Education relating to the certification of licensed pharmacists to administer immunizations to prevent influenza and pneumococcal disease to patients 18 or older and medications for the emergency treatment of anaphylaxis be added, as submitted, effective May 14, 2009.  [PPC (CA) 4]

Your Committee also recommends that section 63.9 of the Regulations of the Commissioner of Education be added, as submitted, effective May 1, 2009, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare in order to ensure that the emergency rule adopted at the February 2009 Regents meeting remains continuously in effect until the effective date of the rule’s permanent adoption. [PPC (CA) 4]

MOTION FOR ACTION BY FULL BOARD

              Madam Chancellor and Colleagues:  Your Professional Practice Committee recommends, and we move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on April 20, 2009, copies of which have been distributed to each Regent.

                                      MATTERS NOT REQUIRING BOARD ACTION

              Your Committee discussed several topics of interest, including:

  • Associate Commissioner’s Report – The Associate Commissioner provided an update on the Office of the Professions budget, including the impact of budget cuts, staffing, new approaches to an updated computer system, and the proposed fee increase, and an update on Social Work legislation.  [Oral Report]
  • Introduction to the CPA Legislation and to the Regulations Scheduled for Consideration in May – This discussion updated the Committee on the key elements of the Public Accountancy Practice Act, which has passed both houses of the Legislature and has been signed by the Governor.  The new law will substantially impact the public accountancy profession in many ways by addressing changes that have taken place in public accountancy practice over many years while continuing to provide for public protection.  [PPC (D) 1]
  • Pharmacy Electronic Recordkeeping and Examination Regulations – This discussion provided information about proposed amendments to the Rules of the Board of Regents and Regulations of the Commissioner of Education which would enable licensed pharmacists to maintain required records in electronic format and would provide applicants seeking licensure in pharmacy with the alternative of completing certain competencies in an approved dental residency program in lieu of passing a department administered practical examination.  [PPC (D) 2]

 

Appendix I

NEW YORK STATE BOARD OF REGENTS CHARTER ACTIONS

CULTURAL EDUCATION

ABSOLUTE CHARTERS

GREAT NECK LIBRARY

Great Neck, Nassau County

The board of trustees has petitioned the Board of Regents to form a corporation to operate an association library maintained to provide library services and facilities for the benefit and free use of all people residing in the Great Neck Union Free School District. The Office of Cultural Education recommends that an absolute charter in the first instance be granted.

THE SKANEATELES LIBRARY ASSOCIATION

Skaneateles, Onondaga County

The board of trustees has petitioned the Board of Regents to form a corporation to operate an association library to serve the Village and Town of Skaneateles.  The Office of Cultural Education recommends that an absolute charter in the first instance be granted.

TOWN OF PELHAM PUBLIC LIBRARY

Pelham, Westchester County

A provisional charter was granted to this corporation by action of the Board of Regents on February 26, 1988 to operate a library.  Such provisional charter was extended by Regents action on February 19, 1993.  The board of trustees has applied for an absolute charter. The Office of Cultural Education recommends that the provisional charter be made absolute.

THE TOWN OF PORTER HISTORICAL SOCIETY

Youngstown, Niagara County

A provisional charter was granted to this corporation by action of the Board of Regents on April 24, 2001 to operate a historical society.  The board of trustees has applied for an absolute charter.  The Office of Cultural Education recommends that the provisional charter be made absolute.

VOELKER-ORTH MUSEUM

Flushing, Queens County

A provisional charter was granted to this corporation by action of the Board of Regents on July 16, 1999 to operate a museum.  The board of trustees has applied for an absolute charter.  The Office of Cultural Education recommends that the provisional charter be made absolute.

AMENDMENT OF CHARTERS

ARCADE FREE LIBRARY

Arcade, Wyoming County

A provisional charter was granted to this corporation by action of the Board of Regents on June 28, 1905 to operate a library.  Such provisional charter was made absolute by Regents action on May 2, 1912 and amended on April 27, 1916.  The board of trustees has applied for an amendment to the absolute charter to designate the service area to be the Town of Arcade, to specify the number of trustees to be not less than five nor more than twenty-five, to designate the Commissioner of Education as agent of the corporation upon whom process in any action or proceeding against it may be served, and to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3).  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

FLORIDA PUBLIC LIBRARY

Florida, Orange County

A provisional charter was granted to this corporation by action of the Board of Regents on September 13, 1991 to operate a library.  Such provisional charter was extended by Regents action on February 4, 1997 and made absolute on April 23, 2002.  The board of trustees has applied for an amendment to the absolute charter to change the trustee term length from five years to three years. The Office of Cultural Education recommends that the absolute charter be amended accordingly.

FORT EDWARD FREE LIBRARY

Fort Edward, Washington County

A provisional charter was granted to this corporation by action of the Board of Regents on March 4, 1915 to operate a library.  Such provisional was extended by Regents action on December 20, 1940, June 21, 1946 and was made absolute on February 29, 1952.  The board of trustees has applied for an amendment to the absolute charter to designate the service area of the library to be the Town of Fort Edward, to designate the Commissioner of Education as agent of the corporation upon whom process in any action or proceeding against it may be served, and to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3).  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

GROTON PUBLIC LIBRARY

Groton, Tompkins County

An absolute charter in the first instance was granted to this corporation by action of the Board of Regents on May 17, 1946 to operate a library.  The board of trustees has applied for an amendment to the absolute charter to designate the service area of the library to be the Groton Central School District, to specify the number of trustees to be not less than five nor more than seven, to designate the Commissioner of Education as agent of the corporation upon whom process in any action or proceeding against it may be served, and to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3).  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

HAXTON MEMORIAL LIBRARY

Oakfield, Genesee County

A provisional charter was granted to this corporation by action of the Board of Regents under the corporate name “Oakfield Public Library” on June 28, 1963 to operate a library.  Such provisional was made absolute by Regents action on October 24, 1964 and amended on April 28, 1995 to change the corporate name to “Haxton Memorial Library”.   The board of trustees has applied for an amendment to the absolute charter to designate the service area of the library to be the Town of Oakfield, to designate the Commissioner of Education as agent of the corporation upon whom process in any action or proceeding against it may be served, and to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3).  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

LAKE PLACID PUBLIC LIBRARY

Lake Placid, Essex County

An absolute charter in the first instance was granted to this corporation by action of the Board of Regents on June 29, 1951 to operate a library.  Such absolute charter was amended by Regents action on June 17, 2003.  The board of trustees has applied for an amendment to the absolute charter to designate the service area of the library to be the Lake Placid Central School District and to designate the Commissioner of Education as agent of the corporation upon whom process in any action or proceeding against it may be served.  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

NORTH CHATHAM FREE LIBRARY

Chatham, Columbia County

A provisional charter was granted to this corporation by action of the Board of Regents on March 4, 1915 to operate a public library.  Such provisional charter was amended by Regents action September 14, 1916 and extended on September 19, 1941, September 19, 1947, March 28, 1952 and was made absolute on March 27, 1953  The board of trustees has applied for an amendment to the absolute charter to designate the service area of the library to be the Town of Chatham excluding that portion of the town which is located in the Chatham School District and excluding the portion of the Census Designated Place of Niverville (as of U.S. Census 2000) which is located in the Town of Chatham, to specify the number of trustees to be not less than nine nor more than fifteen, to designate the Commissioner of Education as agent of the corporation upon whom process in any action or proceeding against it may be served, and to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3).  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

WADHAMS FREE LIBRARY

Wadhams, Essex County

A provisional charter was granted to this corporation by action of the Board of Regents under the corporate name “Wadhams Mills Free Library Association” on November 4, 1897 to operate a library.  Such provisional charter was amended by Regents action on April 27, 1916 to change the corporate name to “Wadhams Free Library” and was further amended on March 1, 1917.  Such provisional charter was extended by Regents action on May 16, 1941, June 20, 1947, June 29, 1951, December 21, 1956, September 29, 1961 and was made absolute by Regents action on September 29, 1967.   Such absolute charter was amended by Regents action on October 20, 2008.  The board of trustees has applied for an amendment to the absolute charter to specify the number of trustees to be not less than five nor more than fifteen.  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

PROVISIONAL CHARTERS

MECHANICVILLE HERITAGE SOCIETY

Mechanicville, Saratoga County

The board of trustees has petitioned the Board of Regents to form a corporation to encourage, promote and disseminate a greater knowledge among the public of the history of the State of New York and particularly of the City of Mechanicville, County of Saratoga; to establish and maintain a history museum in the former railroad depot open to the public relating to the history of Mechanicville; to collect, own, hold, maintain, preserve, and make available to the public an appropriate collection of historical objects, artifacts, documents and records; to arrange, create, maintain and promote appropriate historical exhibits and displays; to document the history of the industries and workers of the community; to educate future generations about the lives and stories of the community’s founders and former  residents; to encourage the suitable marking of places of historic interest; to acquire by purchase, gift, devise, or otherwise the title to or the custody and control of historic sites and structures, and preserve and maintain such sites and structures; to bring together those people interested in history, promote and support historical research and  scholarship, sponsor and organize historical and cultural activities, programs, and events for the public, and issue publications in any format; and to cooperate with county and state officials and historical organizations to collect and preserve materials of countywide and statewide significance. The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

TUN TAVERN LEATHERNECKS MUSEUM

Boonville, Oneida County

The board of trustees has petitioned the Board of Regents to form a corporation to establish a museum to educate the public, students and others regarding the history, traditions and contributions of the United States Marine Corps and its members; and to conduct research including interviews of Marine Corps Veterans and their families and create an archive of interviews and documents and historical displays and exhibits depicting the history of the Marine Corps and its members.  The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

CERTIFICATE OF INCORPORATION

GENEALOGY FEDERATION OF LONG ISLAND

Kings Park, Nassau County

The board of trustees has petitioned the Board of Regents to form a corporation to encourage public interest and participation in the collection and dissemination of genealogical and historical materials on Long Island and to promote harmony and cooperation among genealogy-related organizations on Long Island.  The Office of Cultural Education recommends that a certificate of incorporation be issued.

ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

ABSOLUTE CHARTER

OUR SAVIOR NEW AMERICAN SCHOOL

Centereach, Suffolk County

The board of trustees has petitioned the Board of Regents to form a membership corporation to operate a nursery school for preschool children ages three to five years of age, a universal pre-K program for four year olds, a kindergarten for five years olds, and a grades one through twelve school.  The Office of Nonpublic School Services recommends that the absolute charter in the first instance be granted.

AMENDMENT OF CHARTERS

BAYSIDE LUTHERAN SCHOOL

Flushing, Queens County

A provisional charter was granted to this corporation by action of the Board of Regents on April 18, 1986 under the corporate name “Bayside Lutheran School of Early Childhood.”  Such provisional charter was amended and made absolute by Regents action on July 24, 1987.  Such absolute charter was amended on October 4, 2002 to change the corporate name to “Bayside Lutheran School” and to change the corporate address.  Such absolute charter was last amended by Regents action on January 10, 2006.  The board of trustees has applied for an amendment to the absolute charter to change the corporate address to 155-14 35th Street, Flushing, New York 11354.  The Office of Nonpublic School Services recommends that the absolute charter be amended accordingly.

CHILD PROGRAM AND FAMILY RESOURCE CENTER

Schenectady, Schenectady County

A provisional charter was granted to this corporation by action of the Board of Regents on February 6, 2001 to plan, develop and operate center-based preschool and special education services for children with handicapping conditions birth to five years of age, to operate an after school program for children five to twelve years of age and to operate day care centers in Schenectady County.  Such provisional charter was consolidated by Regents action on February 6, 2001 with Christ Church Day Care Center, Inc. a membership corporation.  The board of trustees has applied for an amendment to the provisional charter to change the corporate address to 125 Bigelow Avenue, Schenectady, New York 12304 and to replace the language in paragraph of five of the provisional charter with the following: “The corporation hereby created shall (i) be a nonstock corporation which has one class of members; and (ii) be organized and operated exclusively for educational purposes, as defined in section 501(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code).  No part of the net earnings or net income of the corporation 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”.  The Office of Nonpublic School Services recommends that the provisional charter be amended accordingly and, as so amended, extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

GREEN CHIMNEYS SCHOOL FOR LITTLE FOLK

Brewster, Putnam County

A provisional charter was granted to this corporation by action of the Board of Regents on May 23, 1952 to operate a boarding and day school and to maintain a summer camp for children.  Such provisional charter was amended by Regents action on February 25, 1955  and amended and made absolute on September 20, 1957.  Such absolute charter was amended by Regents action on March 25, 1960 and July 28, 1989.  The board of trustees has applied for an amendment to the absolute charter to add authority for the corporation to also maintain and operate vocational and career training programs for grades nine through twelve at Green Chimneys’ Clearpool Education Center in Carmel, New York, at Green Chimney’s Gramercy Group Residence in New York City and at Green Chimneys’ campus in Brewster, New York; and to maintain and operate an extended school-year program for grades kindergarten through twelve at Green Chimneys’ aforementioned Clearpool Education Center, at Green Chimneys aforementioned Gramercy Group Residence and at Green Chimneys’ aforementioned campus.  The Office of Vocational and Educational Services for Individuals with Disabilities (VESID) has also been provided with an opportunity to review this action and the trustees have been advised that the granting of an amendment to the absolute charter does not constitute approval for state funding for the programs and services under the jurisdiction of VESID.  The Office of Nonpublic School Services recommends that the absolute charter be amended accordingly.

HOPE HALL

Rochester, Monroe County

A provisional charter was granted to this corporation by action of the Board of Regents on June 24, 1994 to operate a grade three to eight elementary school for students with special learning needs who experience frustration and failure in the traditional classroom setting.  Such provisional charter was amended by Regents action on July 18, 1997 to include authority to operate a grade nine program, and as so amended, made absolute.  The board of trustees has applied for an amendment to the absolute charter to add authority for the corporation to also operate a grade ten through twelve program.  The Office of Nonpublic School Services recommends that the absolute charter be amended accordingly.

THE LEARNINGSPRING ELEMENTARY SCHOOL

New York City, New York County

A provisional charter was granted to this corporation by action of the Board of Regents on December 20, 2001 to operate a kindergarten and a grade one through six elementary school for children with handicapping conditions.  Such provisional charter was amended by Regents action on May 23, 2006 to restate the corporate purposes and, as so amended, was made absolute.  The board of trustees has applied for an amendment to the absolute charter to restate the corporate purposes to establish, conduct, operate and maintain a kindergarten and grade one through eight elementary and middle school for children with disabilities, specifically children diagnosed on the autism spectrum, including children with pervasive developmental disorders, Asperger’s disorder and related disorders and disabilities; to develop educational strategies for children with such disabilities; to serve as a model school and to be a resource for parents, professionals and other schools; to disseminate information about the education of children with such disabilities; and to increase awareness and acceptance of such disabilities in the professional community and among the general public; to collaborate with research institutions and agencies to develop best practices in the education and treatment of children with such disabilities and; to provide after-school activities for children who have been diagnosed on the autism spectrum to support their educational programs and to encourage recreational skills and interests.  Except as authorized by Title VIII or other applicable statute, nothing herein shall authorize the corporation to engage in the practice of any profession in New York, engage in the training of any profession in New York or to use a professional title or term of any profession in New York in violation of  Title VIII of the Education Law.  The corporation will restrict the provision of counseling services to instruction, advice, support, encouragement or information to individuals, families, and relational groups, provided that this shall not include the diagnosis or treatment of mental, emotional, nervous, or behavioral disorders.  The Office of Nonpublic School Services and the Office of Professions recommends that the absolute charter be amended accordingly.

MARY MCDOWELL CENTER FOR LEARNING

Brooklyn, Kings County

A provisional charter was granted to this corporation by action of the Board of Regents on March 23, 1990 to operate a kindergarten and elementary school program for learning disabled children ages 5 to 11.  Such provisional charter was made absolute by action of the Board of Regents on March 26, 1993 and was amended by Regents action on July 21, 2005 to include a change in the corporate purposes.  The board of trustees has applied for an amendment to the absolute charter to restate the corporate purposes to establish, conduct, maintain and operate a school for students with learning disabilities offering instruction at the elementary, middle, and high school levels from kindergarten through grade twelve, at one or more locations in the County of Kings, in the State of New York; to provide related and after school activities for children at all grade levels for educational support and development of recreational skills and interests.  The Office of Vocational and Educational Services for Individuals with Disabilities (VESID) has also been provided with an opportunity to review this action and the trustees have been advised that the granting of an amendment to the absolute charter does not constitute approval for state funding for the programs and services under the jurisdiction of VESID.  The Office of Nonpublic School Services recommends that the absolute charter be amended accordingly.

PROVISIONAL CHARTERS

CITY OF FAITH CHRISTIAN SCHOOL

Bronx, Bronx County

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

RESURRECTION EPISCOPAL DAY SCHOOL

New York City, New York County

The board of trustees has petitioned the Board of Regents to form a corporation to operate a nursery school for preschool children from 2.9 to five years of age and a kindergarten for five year olds.  The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.

EXTENSION  OF CHARTER

LA ESCUELITA

New York City, New York County

A provisional charter was granted to this corporation by action of the Board of Regents on May 18,2 004 to operate a bilingual preschool and day care center.  The board of trustees has petitioned for an extension of the provisional charter. The Office of Nonpublic School Services recommends that the provisional charter be extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

HIGHER AND PROFESSIONAL EDUCATION

AMENDMENT OF CHARTERS

ALFRED UNIVERSITY

Alfred, Allegany County

This corporation was incorporated by Special Act of the Legislature pursuant to the provisions of Chapter 190 of the Laws of 1857 on March 28, 1857.  Such absolute charter  was amended by the Legislature in 1917 and by action of the Board of Regents on November 21, 1952 and May 27, 1977.  The board of trustees has applied for an amendment to the absolute charter to increase the number of trustees from 33 to 51.  The Office of Higher Education recommends that the absolute charter be amended accordingly.

MARIA COLLEGE

Albany, Albany County

A provisional charter was granted to this corporation by Regents action on April 25, 1958 to establish and maintain a junior college for the higher education of the Sisters of Mercy of the Albany Diocese and for members of other religious orders, and to conduct therein courses of study leading to the degrees of Associate in Arts (A.A.) and Associate in Applied Science (A.A.S.) Such provisional charter was amended by Regents action on November 22, 1963 and, as so amended, made absolute. Such absolute charter was amended by Regents action on November 21, 1986, October 9, 2003 and February 12, 2007.  The board of trustees has applied for an amendment to the absolute charter to add authority for the corporation to offer the Bachelor of Science degree program in Nursing.  The Office of Higher Education and Office of Professions recommends that the absolute charter be amended accordingly.

 

Appendix II

REGENTS ACTIONS IN 57 PROFESSIONAL DISCIPLINE CASES

AND 1 RESTORATION PETITION

April 20-21, 2009

              The Board of Regents announced disciplinary actions resulting in the revocation of 2 licenses, surrender of 7 licenses, and 48 other disciplinary actions.  The penalty indicated for each case relates solely to the misconduct set forth in that particular case.  In addition, the Board acted upon 1 restoration petition.

I. REVOCATIONS AND SURRENDERS

Architecture

              John Joseph Passaretti; Oradell, NJ 07649; Lic. No. 021935; Cal. No. 24437; Application to surrender license granted.  Summary:  Licensee admitted to charges of having been convicted of Grand Larceny in the 2nd Degree, Commercial Bribe Receiving in the 1st Degree, and Filing a False Tax Return.

Dentistry

              Calixto Manuel Barrueco; Amsterdam, NY 12010; Lic. No. 046354; Cal. No. 24275; Application to surrender license granted.  Summary:  Licensee did not contest the charge of improperly touching the breast of a patient.

              Mohinder P. S. Mayell; Mineola, NY 11501; Lic. No. 033439; Cal. No. 24433; Application to surrender license granted.  Summary:  Licensee admitted to the charge of having been convicted of Offering a False Intstrument for Filing in the 1st Degree, a class E felony.

 

Nursing

              Paul J. Bellreng; Registered Professional Nurse; Niagara Falls, NY 14304; Lic. No. 504718; Cal. No. 24107; Found guilty of professional misconduct; Penalty: Revocation.

              Ilia Yvonne Santini; Licensed Practical Nurse; Rochester, NY 14621; Lic. No. 235196; Cal. No. 24182; Found guilty of professional misconduct; Penalty: Revocation.

              Melanie M. Sick; Registered Professional Nurse; Rochester, NY 14609-2150; Lic. No. 549210; Cal. No. 24353; Application to surrender license granted.  Summary: Licensee admitted to charges of having withdrawn medications without a physician’s order and having been convicted of Criminal Possession of a Forged Instrument in the 3rd Degree.

              Brenda Lee Griffin; Registered Professional Nurse; Hillsdale, NY 12529; Lic. No. 509007; Cal. No. 23488; Application to surrender license granted.  Summary: Licensee admitted to the charge of having been convicted of Falsifying Business Records in the 1st Degree.

              Sherry Anne Turner; Licensed Practical Nurse; Palm Coast, Fl 32164; Lic. No. 224476; Cal. No. 24444; Application to surrender license granted.  Summary: Licensee did not contest the charge that she withdrew controlled substances and did not record administrations of these substances.

Psychology

              Jennifer Ann Hastings; Sand Lake, NY 12153; Lic. No. 016867; Cal. No. 23836; Application to surrender license granted.  Summary: Licensee admitted to the charge of having had sex with a patient.

 

II. OTHER REGENTS DISCIPLINARY ACTIONS

Dentistry

              Burt F. Harvey; Brooklyn, NY 11213; Lic. No. 045888; Cal. No. 23115; Found guilty of professional misconduct; Penalty: 2 year suspension, execution of last year of suspension stayed, probation 3 years to commence if and when return to practice.

              Jeffrey Eugene Brownstein; Wappingers Falls, NY 12590-4610; Lic. No. 027264; Cal. No. 24003; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,000 fine.

              Robert C. Y. Wang; Cupertino, CA 95014; Lic. No. 040628; Cal. No. 24200; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation to commence if and when return to practice in New York State, $2,500 fine.

              Terry Jon Scammell; Westhampton, NY 11977-1305; Lic. No. 027734; Cal. No. 24309; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $5,000 fine.

 

Nursing

 

              Lydia Agapito Cabote a/k/a Lydia C. Burgardt; Licensed Practical Nurse, Registered Professional Nurse; Sayville, NY 11782; Lic. Nos. 213598, 428759; Cal. Nos. 23125, 23126; Application for consent order granted; Penalty agreed upon: 1 month actual suspension to commence July 12, 2009 and terminate August 11, 2009, 23 month stayed suspension, 2 years probation.

              Linda A. McTamney; Licensed Practical Nurse; Valley Stream, NY 11580; Lic. No. 233501; Cal. No. 23784; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, 50 hours pubic service.

              Lisa Marie Cosma a/k/a Lisa Marie Cosma-Sams a/k/a Lisa Marie Finlay; Licensed Practical Nurse; Auburn, NY 13021; Lic. No. 276649; Cal. No. 23914; Found guilty of professional misconduct; Penalty: 1 year suspension, execution of suspension stayed, probation 1 year.

              Angela C. Burek; Licensed Practical Nurse; Attica, NY 14011; Lic. No. 267305; Cal. No. 23973; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 9 month stayed suspension, 1 year probation, $250 fine.

              Talya D. Jones; Licensed Practical Nurse; Rochester, NY 14611; Lic. No. 273216; Cal. No. 23985; Found guilty of professional misconduct; Penalty: 24 month suspension, execution of last 18 months of suspension stayed, probation 48 months.

              Vicky A. Depiazza; Licensed Practical Nurse; St. Johnsville, NY 13452; Lic. No. 238016; Cal. No. 24084; Found guilty of professional misconduct; Penalty: 24 month suspension, execution of suspension stayed, 24 month probation. 

              Donna Irene Humphrey a/k/a Donna Irene Reisdorf; Licensed Practical Nurse, Registered Professional Nurse; Warsaw, NY 14569; Lic. Nos. 127088, 331505; Cal. Nos. 24108, 24109; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

              Christine Barbara Martineau; Registered Professional Nurse; Peru, NY 12972-0863; Lic. No. 553520; Cal. No. 24242; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

              Janel Oriana Bridges; Licensed Practical Nurse; Buffalo, NY 14201; Lic. No. 272351; Cal. No. 24252; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

              Karen S. Burke; Registered Professional Nurse; Corning, NY 14830; Lic. No. 545111; Cal. No. 24259; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice, upon termination of suspension 2 years probation to commence if and when return to practice, $500 fine payable within 1 year.

              Gwen Elizabeth Bruno; Licensed Practical Nurse, Registered Professional Nurse, Nurse Practitioner; Salamanca, NY 14779-1454; Lic. Nos. 238420, 507640; Cert. No. 303946; Cal. Nos. 24265, 24266, 24267; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

              Terrence Michael Denning; Licensed Practical Nurse; Schenectady, NY 12304; Lic. No. 206562; Cal. No. 24272; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for not less than 3 years and until fit to practice, upon termination of suspension 3 years probation to commence when return to practice; Order to supersede Commissioner’s Order No. 22330.

              Eddie Joseph Lewis; Licensed Practical Nurse, Registered Professional Nurse; Cheektowaga, NY 14225; Lic. Nos. 162790, 422780; Cal. Nos. 24281, 24282; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $1,000 fine.

              Mandy Lynn Perez; Licensed Practical Nurse; Schenectady, NY 12304; Lic. No. 259986; Cal. No. 24287; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $250 fine.

              Donna Marie Kneis; Licensed Practical Nurse, Registered Professional Nurse; Concord, NY 14141; Lic. Nos. 149855, 390794; Cal. Nos. 24292, 24293; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation to commence upon return to practice, $500 fine payable within 6 months.

              Collet Marcia Cameron; Licensed Practical Nurse; Coram, NY 11727; Lic. No. 231600; Cal. No. 24300; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation.

              Maureen Lombardo; Registered Professional Nurse; Spencerport, NY 14559; Lic. No. 486853; Cal. No. 24304; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice, upon termination of suspension 2 years probation to commence upon return to practice, $500 fine payable within 6 months.

              Nicole R. McAllister; Registered Professional Nurse; Bronx, NY 10467; Lic. No. 561286; Cal. No. 24308; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

              Bradley Edward Winslow; Registered Professional Nurse; Glens Falls, NY 12801; Lic. No. 529397; Cal. No. 24318; Found guilty of professional misconduct; Penalty: 24 month suspension, execution of last 20 months of suspension stayed, probation 2 years to commence if and when return to practice.

              Dana Robert Ehrig; Registered Professional Nurse; Syracuse, NY 13212; Lic. No. 555287; Cal. No. 24324; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

              Nancy Vaverchak; Registered Professional Nurse; Cicero, NY 13039; Lic. No. 457268; Cal. No. 24330; Application for consent order granted; Penalty agreed upon: 1 year actual suspension, 12 month stayed suspension, 2 years probation to commence upon return to practice, $500 fine payable within 6 months.

              Andrea Lynn Storms; Licensed Practical Nurse; North Syracuse, NY 13021; Lic. No. 280565; Cal. No. 24331; Found guilty of professional misconduct; Penalty: $500 fine to be paid within 1 year, indefinite suspension until fit to practice, upon termination of suspension probation 2 years to commence upon return to practice.

              Maria B. Jilinskaia; Registered Professional Nurse; Wappingers Falls, NY 12590; Lic. No. 526030; Cal. No. 24337; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 24 months probation, $1,000 fine.

              Eileen Mary Beysel; Licensed Practical Nurse, Registered Professional Nurse; Warwick, NY 10990; Lic. Nos. 227427, 453552; Cal. Nos. 24370, 24369; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until successfully participate in course of therapy and treatment, as necessary, and until fit to practice, upon termination of suspension 2 years probation, $500 fine payable within 2 months.

Pharmacy

              Mohammad Shehzad Khan; Middletown, NY 10941; Lic. No. 042742; Cal. No. 24247; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $7,500 fine.

              Khanjee Pharmacy, Inc. d/b/a Medicine Shoppe, 38 Grant Street, Walden, NY 12586; Pharmacy; Reg. No. 026982; Cal. No. 24248; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $7,500 fine.

              Rite Aid of New York, Inc., 506-528 Utica Avenue, Brooklyn, NY 11203; Pharmacy; Reg. No. 023151; Cal. No. 24280; Application for consent order granted; Penalty agreed upon: 1 year probation, $20,000 fine.

              Rite Aid of New York, Inc., 109-07 101st Avenue, Jamaica, NY 11419-1029; Pharmacy; Reg. No. 024547; Cal. No. 24321; Application for consent order granted; Penalty agreed upon: 1 year probation, $20,000 fine.

Public Accountancy

              Scott J. Meyer; Certified Public Accountant; Seaford, NY 11783; Lic. No. 065436; Cal. No. 24206; Application for consent order granted; Penalty agreed upon: 6 month actual suspension, 18 month stayed suspension, 24 months probation, $5,000 fine.

              Martin Ender; Certified Public Accountant; Teaneck, NJ 07666; Lic. No. 051889; Cal. No. 24250; Application for consent order granted; Penalty agreed upon: Partial actual suspension in certain area until successfully complete certain course of retraining in said area, upon termination of partial actual suspension 2 years probation, $4,000 fine payable within 5 months.

              Terri Kornicki; Certified Public Accountant; Bronx, NY 10463; Lic. No. 049206; Cal. No. 24295; Application for consent order granted; Penalty agreed upon: 3 year actual suspension, thereafter 2 years probation, 100 hours public service.

 

Respiratory Therapy

              Milton C. Furtado; Respiratory Therapist; Peekskill, NY 10566; Lic. No. 002571; Cal. No. 24085; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation, $2,500 fine.

Social Work

              Gary Graves; Licensed Master Social Worker, Licensed Clinical Social Worker; Brooklyn, NY 11205; Lic. Nos. 059912, 071259; Cal. Nos. 23854, 23855; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation, $5,000 fine.

Veterinary Medicine

              Franklin W. Rapp; Schenectady, NY 12309-1005; Lic. No. 001964; Cal. No. 24278; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

              James A. Lombard; Seneca Falls, NY 13148; Lic. No. 008101; Cal. No. 24279; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $1,000 fine.

              Franklin W. Rapp DVM PC; 2721 Balltown Road, Schenectady, NY 12309-1005; Cal. No. 24291; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

 

III. RESTORATION

              The Board of Regents voted on April 20, 2009 to grant the restoration of the registered professional nurse license of Cheryl L. Clifford, Los Angeles, CA 90004.  Ms. Clifford’s license was originally revoked January 22, 1982.