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I. SURRENDERS

 

 

sed seal

 

 

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 19 and 20, 2010

 

Anthony Lofrumento, Secretary

Board of Regents


THE BOARD OF REGENTS

              The Board of Regents of The University of the State of New York held public sessions on Monday, April 19 at 9:00 a.m. and Tuesday, April 20 at 11:45 a.m. pursuant to a call to duty sent to each Regent.

MEETING OF THE FULL BOARD, Monday, April 19, 9:00 a.m.

Board Members in Attendance:

Merryl H. Tisch, Chancellor

Milton L. Cofield, Vice Chancellor

Robert M. Bennett, Chancellor Emeritus

Saul B. Cohen

James C. Dawson

Anthony S. Bottar

Geraldine D. Chapey

Harry Phillips, 3rd

Joseph E. Bowman, Jr.

James R. Tallon, Jr.

Charles R. Bendit

Betty A. Rosa

Lester W. Young, Jr.

Christine D. Cea

Wade S. Norwood

              Also present were the Commissioner of Education, David M. Steiner, Senior Deputy Commissioner P-12, John King, Acting Counsel and Deputy Commissioner for Legal Affairs, Erin O’Grady-Parent, and the Secretary, Board of Regents, Anthony Lofrumento.  Regents Roger Tilles and Karen Brooks Hopkins were absent and excused.

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

ACTION ITEMS

Executive Session Motion

MOVED, that the Board of Regents convene in Executive Session on Tuesday, April 20 at 8:15 a.m. for the purpose of discussing a personnel matter and pending legal proceedings.

             

              Motion by:               Vice Chancellor Milton L. Cofield

              Seconded by:           Regent Harry Phillips, 3rd

              Action:                     Motion carried unanimously

State Education Department March 2010 Fiscal Report

BR (A) 3

                           

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

              Motion by:               Vice Chancellor Milton L. Cofield 

              Seconded by:           Regent James C. Dawson

              Action:                     Motion carried unanimously

Race to the Top

Oral

              MOVED, that the Board of Regents directs the Commissioner of Education to assemble a team to write the Race to the Top Round 2 application to reflect key agreements reached.

              Motion by:                Regent James C. Dawson 

              Seconded by:           Chancellor Emeritus Bennett

              Action:                      Motion carried unanimously

DISCUSSION ITEM

Mandates

BR (D) 1

              The Commissioner provided information on how the mandates list was developed and how the Senior Deputy and he will move forward gathering comments, preparing the next draft and presenting the information to the Board.

              Full Board adjourned at 9:45 a.m.

 

MEETING OF THE FULL BOARD, Tuesday, April 20, 11:45 a.m.

Board Members in Attendance:

Merryl H. Tisch, Chancellor

Robert M. Bennett, Chancellor Emeritus

Saul B. Cohen

James C. Dawson

Anthony S. Bottar

Geraldine D. Chapey

Harry Phillips, 3rd

Joseph E. Bowman, Jr.

James R. Tallon, Jr.

Karen Brooks Hopkins

Charles R. Bendit

Betty A. Rosa

Lester W. Young, Jr.

Christine D. Cea

Wade S. Norwood 

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

              Chancellor Merryl H. Tisch called the meeting to order at 11:45 a.m.

ACTION ITEMS

Charter Applications for April 2010

BR (A) 1

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

              Motion by:                Regent James C. Dawson

              Seconded by:           Chancellor Emeritus Robert M. Bennett

              Action:                      Motion carried unanimously 

Summary of the March 2010 Meeting

BR (A) 2

              MOVED, that the Summary of the March 2010 Meeting of the Board of Regents of The University of the State of New York be approved.

              Motion by:                Regent James C. Dawson

              Seconded by:           Chancellor Emeritus Robert M. Bennett

              Action:                      Motion carried unanimously

Appointment to the Position of Executive Secretary, State Board for Acupuncture, State Board for Occupational Therapy, and State Board for Speech-Language Pathology and Audiology

BR (A) 4

MOVED, that the Regents approve the appointment of Douglas E. Lentivech as Executive Secretary to the State Board for Acupuncture, the State Board for Occupational Therapy, and the State Board for Speech-Language Pathology and Audiology.

               Motion by:              Regent Anthony S. Bottar

              Seconded by:           Regent Harry Phillips, 3rd

             Action:                      Motion carried unanimously

Regents Monthly Meeting Dates, January – December 2011

BR (A) 5

              MOVED, that the list of Regents meeting dates for the period January – December 2011 be approved.

              Motion by:                Regent James C. Dawson

              Seconded by:           Chancellor Emeritus Robert M. Bennett

              Action:                      Motion carried unanimously

PROGRAM AREA CONSENT ITEMS

EMSC

Proposed Addition of Section 100.5(d)(8) of the Regulations of the Commissioner of Education, relating to Making Up Course Credit

BR (CA) 1

              MOVED, that paragraph (8) of subdivision (d) of section 100.5 of the Regulations of the Commissioner of Education be added, as submitted, effective May 12, 2010.

Higher Education

Master Plan Amendment: Boricua College to Open a Branch Campus in the Bronx

BR (CA) 2

             MOVED, that the Board of Regents approve the amendment to the master plan of Boricua College authorizing the College to open a branch campus in the Bronx, and to offer the same degree programs as those offered at the College’s two existing campuses. The amendment will be effective until April 30, 2011, unless the College implements the move to the proposed branch campus prior to that date, in which case master plan amendment shall be without term.

Reappointments to the New York State Teachers’ Retirement Board

BR (CA) 3

            MOVED, that the Board of Regents approve the reappointments to the New York State Teachers’ Retirement System Board for a three-year term of Daniel J. Hogarty, Jr. beginning May 6, 2010 and ending May 6, 2013; R. Michael Kraus beginning June 30, 2010 and ending June 30, 2013; and Michael J. Masse beginning June 30, 2010 and ending June 30, 2013.

Master Plan Amendment: New York Chiropractic College

BR (CA) 4

            MOVED, that the Board of Regents approve the amendment to the master plan of New York Chiropractic College to allow the College to offer a Master of Science degree program in Human Anatomy and Physiology Instruction. The amendment will be effective until April 20, 2011, unless the Department registers the program prior to that date, in which case master plan amendment shall be without term.

Professional Practice

Proposed Amendment to the Regulations of the Commissioner of Education Relating to Continuing Education Requirements for Dentists and the Registration of Dental Residents

BR (CA) 5

            MOVED, that subparagraph (v) of paragraph (1) of subdivision (c) of section 61.15 of the Regulations of the Commissioner of Education be amended; and that subdivision (d) of section 61.18 of the Regulations of the Commissioner of Education be added, as submitted, effective April 24, 2010, as an emergency action upon a finding by the Board of Regents that such action is necessary to ensure that the emergency rule adopted at the January 2010 Regents meeting, remains continuously in effect until the effective date of its adoption as a permanent rule to avoid disruption of the implementation of Chapter 436 of the Laws of 2009.

            MOVED, that subparagraph (v) of paragraph (1) of subdivision (c) of section 61.15 of the Regulations of the Commissioner of Education be amended; and that subdivision (d) of section 61.18 of the Regulations of the Commissioner of Education be added, as submitted, effective May 12, 2010.

Master Plan Amendment: State University of New York College of Technology at

Alfred, Bachelor of Science (B.S.) Degree in Nursing

BR (CA) 6

              MOVED, that the Board of Regents approve the proposed master plan amendment of the State University of New York authorizing the College of Technology at Alfred to offer the Bachelor of Science degree program in Nursing. This amendment will be effective until April 20, 2011, unless the Department registers the program prior to that date, in which case the Master Plan Amendment shall be without term.

Master Plan Amendment: State University of New York Institute of Technology at

 Utica/Rome, Bachelor of Science (B.S.) Degree in Electrical and Computer

Engineering

BR (CA) 7

              MOVED, that the Board of Regents approve the proposed master plan amendment of the State University of New York authorizing the Institute of Technology at Utica/Rome to offer the Bachelor of Science degree program in Electrical and Computer Engineering. This amendment will be effective until April 20, 2011, unless the Department registers the program prior to that date, in which case the Master Plan Amendment shall be without term.

Report of the Committee on the Professions Regarding Licensing Petitions

BR (CA) 8

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

(Re)Appointments of Members to the State Boards for the Professions and (Re)Appointments of Extended Members to the State Boards for the Professions for Service on Licensure Disciplinary and/or Licensure Restoration and Moral Character Panels

BR (CA) 9

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

              Motion by:               Regent Harry Phillips, 3rd

              Seconded by:           Regent James C. Dawson

              Action:                     Motion carried unanimously

STANDING COMMITTEE REPORTS

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

              Motion by:               Regent Geraldine D. Chapey

              Seconded by:           Regent Saul B. Cohen

              Action:                     Motion carried unanimously

Formation of a Blue Ribbon Panel

              The Commissioner announced that Regent Saul B. Cohen agreed to chair a Blue Ribbon Panel comprised of highly renowned teacher educators and that the Panel will make recommendations to the Board of Regents on programs for consideration to establish clinically rich teacher preparation programs.  (See HE(A) 4 for more information.)

              Full Board adjourned at 12:30 p.m.

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, 2010.  Chancellor Tisch, Chancellor Emeritus Bennett, Regents Bendit, Phillips, and Tallon,   were in attendance.

Items for Discussion

Chair’s Remarks:  Regent Chapey welcomed everyone and commented on the impact of the ARRA audits in establishing relationships with school district leaders.

Proposed Revision to the Statement on the Governance Role of a Trustee and Board Member

In follow up to our last meeting, staff proposed modified language to be included in the Statement. The language would provide guidance to boards in considering and/or adopting policies limiting or prohibiting the employment of relatives or other individuals with a personal relationship with board members. The language will be incorporated into the Statement.

Additional Information on expectations on the Department for Sub-recipient Monitoring

Staff provided further information on the basis in federal regulation for the Department’s monitoring of sub-recipients receiving federal funds. A discussion of current Department processes took place and a planned change for future coordination and efficiencies was presented.

Proposed Actions Taken in Response to the Findings and Recommendations in the Office of the State Comptroller Audit of Regents Examination Scoring

The Subcommittee was briefed on a proposal to phase in a requirement that school districts begin to scan Regents examination answer sheets. The proposal would call for the scanning of some exams in June 2011 and the balance of the exams commencing with the 2011-12 school year.

The introduction of the scanning will allow the collection of item level and test taker demographic data that the Department needs for federal reporting. It is expected that the districts will benefit by an accelerated exam scoring process, elimination of manual inputting of test results and provides actionable data that can be used to inform their instructional programs.

The Sub-committee agreed to forward to the EMSC Committee for discussion and approval.

Presentation of Audits

The Subcommittee was presented with 15 audits. Staff described the results of the four audits on school district use of ARRA funds. The audits found that 2 of the 4 claimed anticipated expenditures which are not permissible under ARRA ESF. We also found that 2 of the 4 charged ARRA funds for expenditures that were not included in the approved budget. Three districts did not comply with federal requirements requiring payroll certifications and none of the districts were aware of cash management requirements.

The Subcommittee asked to be updated on actions taken to communicate cash management issues to the field.

 

REGENTS COMMITTEE ON CULTURAL EDUCATION

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

Your Committee on Cultural Education (CE) had its scheduled meeting on April 19, 2010.

In attendance were: Regents Dawson, Bowman and Brooks-Hopkins

Absent: Regents Phillips and Tilles

In addition to CE Committee Members in attendance were: Regent Bendit

ITEMS FOR DISCUSSION

Chair’s Remarks: Regent Dawson welcomed everyone and opened the meeting.  Regent Dawson reported on his recent participation in the Northern New York Library Network’s archival conference in Potsdam and in the Museum Association of New York’s (MANY) annual conference.

Deputy’s Report: Deputy Commissioner Jeffrey Cannell greeted everyone and briefly spoke about the Deputy’s OCE Monthly Report that was distributed prior to the meeting.  In addition, Mr. Cannell talked briefly about mandate relief for cultural institutions and existing requirements that ensure quality of service, stewardship of public records and protection of collections.  He also explained that in cases where a mandate may become financially burdensome for an institution, the institution may request relief via a variance or a waiver as stipulated in the Commissioner’s Regulations and Education Law providing the institution remains in compliance.  Mr. Cannell also reported briefly on his participation in the National Archives of the Netherlands Mutual Cultural Heritage meeting in Surniame, where he represented the United States.  Finally, Mr. Cannell provided an update regarding State Librarian, Bernard A. Margolis who is currently in the hospital.

CE (A) 1 - Regents Advisory Council on Libraries’ Annual Report

Deputy Commissioner Cannell introduced Regents Advisory Council on Libraries (RAC) Chair Bridget Quinn-Carey, Director of the Buffalo and Erie County Public Library.  Ms. Quinn-Carey explained that Libraries, which have an important role in our society and educational systems, provide a variety of services, programs and technology resources to millions of New Yorkers.  She pointed out that during difficult economic times, libraries receive greater use and become more essential to the public.  She distributed statistics on library use statewide, indicating a significant increase in use.   Included in the RAC report, were issues of funding, advocacy efforts, impact of libraries closing, and challenges libraries face in the current economic environment.  Ms. Quinn-Carey highlighted several key requests from the RAC, which included: (a) make library funding a priority; (b) recognize libraries as full partners in education; (c) re-evaluate the organization of libraries and library systems statewide; (d) require a certified library media specialist in elementary schools; and (e) establish a new commission on library services, to develop a statewide vision for libraries, museums and archives in the coming decade.  There was discussion following the presentation which focused on the changing role of libraries.  The RAC and staff were challenged to identify the legal and regulatory impediments to greater integration of libraries within the State Education Department and the education system across the state.  Copies of the Regents Advisory Council on Libraries Annual Report and the PowerPoint presentation were available.  Other RAC members were in attendance were Jill Hurst-Wahl, John Monahan, Mary Muller and Gerald Nichols.

CE (D) 1 Approval to Loan Items from the Collection of the New York State Library (NYSL) to the North Carolina Museum of History

Deputy Commissioner Cannell presented this request from the North Carolina Museum of History to borrow three items from the NYS Library’s George Washington Collection.  To ensure the borrowed artifacts would be well protected, staff from the NYSL have been in communication with North Carolina Museum of History staff regarding security, environmental controls and appropriate attribution of the source of the items.

Board of Regents’ approval is required by New York Code of Rules and Regulations (8 NYCRR §92.1f) to loan items from the NYS Library Collections, it is recommended that the Board of Regents approve this loan. Upon approval, NYSL staff will make necessary arrangements with staff at the North Carolina Museum of History.

Motion by: Regent Bowman

Seconded by: Regent Brooks-Hopkins

Action:  Motion carried unanimously

CE (D) 2 Presentation on the Museum's Cultural Resources Survey Program

Clifford Siegfried, Director and Assistant Commissioner for the Museum provided a brief background on their largest technical services program in the Museum – the Cultural Resources Survey Program (CRSP).  CRSP was established in 1959, in response to a federal mandate requiring states to preserve archaeological resources as part of the Federal Aid Highway Act of 1956.  CRSP is one of the largest continuously operated cultural resource management programs in the country and is established under Education Law, Section 233. 

Dr. Siegfried introduced Dr. Christina Rieth, State Archaeologist and Director of the Cultural Resource Survey Program.  Dr. Reith is the first female State Archaeologist in New York.  Her research has focused on the settlement diversity and socio-economic relationships between Early Late Prehistoric groups in the Northeast between A.D. 700 and 1300.  Dr. Rieth talked about how the CRSP successfully integrates service, research, collections stewardship, education, and public outreach and expanded on CRSP’s mission, partnerships, leadership role and program’s uniqueness.  CRSP is entirely self-funded, operating on a reimbursement basis.

As an applied research program, information is made available to the general public through publications, exhibits, site visits, and lectures.  Educational programs, designed to inform students and teachers about the state’s rich archaeological heritage, are important components of many projects.  Internships and volunteer opportunities also provide hands-on learning for undergraduate students interested in a career in archaeology.

An opportunity for questions and discussion was provided.

 

Early Childhood Workgroup

At the Early Childhood Workgroup, Karen Schimke and Nancy Kolben  presented a report entitled, Strengthening the Pre-K Investment: Next Steps to a Winning Beginning for Every Child in New York State. This report highlighted eleven recommendations for strengthening the State’s investment in pre-Kindergarten.

PRIMARY POINTS OF DISCUSSION

The report generated discussion around several of the recommendations and implementation challenges.  These included:

  • Creating a new governing structure that would assure a comprehensive and accessible system of services.
  • Using uniform standards, curricula and assessment across settings.
  • Strengthening the mixed delivery system while respecting its diversity.
  • Implementing QUALITYstarsNY as a quality measure for all early childhood programs.

NEEDED NEXT STEPS

Continue to monitor developments at the federal level for early childhood funding such as the Early Learning Challenge Fund and ESEA reauthorization.

 

REGENTS COMMITTEE ON ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

Your EMSC Committee held its scheduled meeting on April 19, 2010.  All Committee members were present, except for Regent Tilles, who was excused.

ACTION ITEMS

Charter School Action

Your Committee recommends that the Board of Regents approves and issues the first renewal charter of the Future Leaders Institute Charter School as proposed by the Chancellor of the city school district of the City of New York, and that its provisional charter be extended for a term up through and including March 14, 2013.   [EMSC (A) 1]

Your Committee recommends that the Board of Regents approves and issues the first renewal charter of the New York Center for Autism 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 April 14, 2015.  [EMSC (A) 2]

Your Committee recommends that the Board of Regents approves and issues the second 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, 2010.  [EMSC (A) 3]

Your Committee recommends that the provisional charter of the Stepping Stone Academy Charter School (the “Corporation”), located in the City of Buffalo, County of Erie, State of New York, which was granted by the Board of Regents on March 20, 2001, and extended by the Board of Regents on February 14, 2006  be, and the same hereby is, dissolved, that notice to such effect be given to the board of trustees of the Corporation, that any student records be transferred to the Buffalo City School District in accordance with the provisions of Education Law §2851(2)(t), that all other corporate books and records be transferred to the New York State Education Department’s Office of Public School Choice, and that any remaining assets of the Corporation be distributed in accordance with the procedures set forth in Education Law §220.  [EMSC (A) 4]

Your Committee recommends that the Board of Regents approves and issues the first renewal charter of the South Bronx Charter School for International Cultures and the Arts 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 16, 2013.  [EMSC (A) 5]

Your Committee recommends that the Board of Regents approves and issues the first renewal charter of the Achievement First Crown Heights 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 March 14, 2015.  [EMSC (A) 6]

Your Committee recommends that the Board of Regents approves and issues the first renewal charter of the Achievement First East New York 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 March 14, 2015. [EMSC (A) 7]

Your Committee recommends that the Board of Regents approves and issues the first renewal charter of the Harlem Children’s Zone Promise Academy II 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 April 14, 2015.  [EMSC (A) 8]

Your Committee recommends that the Board of Regents approves and issues the first renewal charter of the KIPP Always Mentally Prepared 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 March 14, 2015.  [EMSC (A) 9]

Your Committee recommends that the Board of Regents approves and issues the first renewal charter of the KIPP Infinity 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 March 14, 2015.  [EMSC (A) 10]

Your Committee recommends that the Board of Regents approves and issues the first renewal charter of the New Heights Academy Charter School as proposed by the Chancellor of the city school district of the City of New York, and that its provisional charter be extended for a term up through and including April 14, 2015.  [EMSC (A) 11]

Your Committee recommends that the Board of Regents approves and issues the first renewal charter of the Williamsburg Collegiate 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 April 14, 2015.  [EMSC (A) 12]

MOTION FOR ACTION BY FULL BOARD

             

              Madam Chancellor and Colleagues:  Your EMSC Committee recommends, and we move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on April 20, 2010, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

Middle Level Arts Instructional Requirements – The Committee discussed options for possible changes to the middle level arts instructional requirements to expand arts education opportunities for all New York State students.  Currently, all students in grades seven and eight are required to receive one-half unit of study in visual arts and one-half unit of study in music.  The NYCDOE has requested that the arts education disciplines of dance and theatre be added to the grade seven and eight arts instructional requirements to provide students the opportunity to pursue in-depth, sequential learning in more arts disciplines than currently available.  The Regents considered two options:

  1. Permit school districts to choose any two arts disciplines (dance, music, theatre, visual arts) that they will offer in each school and continue to require one-half unit of study in two arts disciplines. In this case the district will decide the disciplines offered.
  2. Permit school districts to provide one or more programs in the arts disciplines (dance, music, theatre, visual arts) and allow students to complete the arts instructional requirements in only one discipline.

Following the discussion, the Committee determined that Option 1 is the direction in which they would like to proceed.  Staff will draft regulations for the Committee to discuss in May.    [EMSC (D) 1]

Draft Proposed Policy on Providing Academic Intervention Services – The Committee discussed proposed policy changes that would give districts options and provide flexibility relating to Academic Intervention Services (AIS).  The proposed policy was developed due to ongoing concerns about the quality of the required AIS program. Staff made recommendations that would allow districts to:

1.     Continue with a current AIS model,

2.     Move to or expand on a Response to Intervention (RtI) model,

3.     Use a blended approach of AIS and RtI (ex: RtI in lower grades, AIS in upper grades), or

4.     Submit a plan via the district’s website on or before October 1, 2010 on how the district will provide services (such a plan must be substantially equivalent to AIS/RtI requirements).

Following the discussion, the Committee endorsed the proposed policy, which requires regulatory changes to include the proposed options.  Draft regulations will be discussed at the May meeting of the Board of Regents.   [EMSC (D) 2]

Merger of the Schools Under Registration Review (SURR) and Persistently Lowest-Achieving Schools (PLA) Processes – The Committee discussed proposed regulations that would consolidate the process of identifying SURR schools under Commissioner’s regulations with USED’s framework for identifying schools as Persistently Lowest-Achieving (PLA) in order for states to access State Fiscal Stabilization Funds (Phase II), School Improvement Grants and other federal funding opportunities.   The proposed regulations also require all newly identified SURR schools to implement intervention strategies based upon School Improvement Grant guidelines issued by USED in January of this year.  The Committee voted to endorse the merger of the SURR and PLA processes effective with the 2010-2011 school year as specified in EMSC (D) 3, and to commit to adopting regulations in June 2010 to accomplish this merger.    [EMSC (D) 3]

Receiving Course Credit for Independent Study – The Committee discussed preliminary draft regulations to implement Regents policy on receiving course credit for independent study.  The proposed amendment states that independent study may be awarded for elective courses, and not for courses required for a Regents diploma.  Study must be academically rigorous and aligned to the NYS learning standards, overseen by a teacher knowledgeable and experienced in the subject area, based on a syllabus on file and of comparable scope and quality to classroom work that would have been done in school.  The Committee discussed the criteria that would make students eligible to participate in independent study and also the additional requirement that students may only earn a maximum of 3 units of elective credit through independent study.  Staff will make any necessary changes to the draft regulations and will present proposed amendments for Regents approval in July.     [EMSC (D) 4]

 

REGENTS COMMITTEE ON HIGHER EDUCATION

Your Higher Education Committee held its scheduled meeting on April 20, 2010.  All members were present except Vice Chancellor Cofield.

ACTION ITEMS

Degree Granting Authority for Sotheby’s Institute of Art.  Your Committee recommends that the Board of Regents authorize Institute of Art – New York, LLC, dba Sotheby’s Institute of Art – New York to confer the Master of Arts (M.A.) degree on students successfully completing registered programs for a period beginning immediately and ending on April 30, 2015, and approve a master plan amendment for Institute of Art – New York, LLC, dba Sotheby’s Institute of Art – New York to offer M.A. programs in Art Business, American Fine and Decorative Art, and Contemporary Art.  This amendment will be effective until April 30, 2011, unless the Department registers the programs prior to that date, in which case master plan amendment shall be without term. [HE (A) 1]

Extension of Regents Accreditation of Teacher Education (RATE) Programs at Boricua College, Mercy College, Roberts Wesleyan College, Skidmore College, St. Francis College, Touro College, and Yeshiva University.  Your Committee recommends that the period of accreditation for Boricua College, Mercy College, Roberts Wesleyan College, Skidmore College, St. Francis College, Touro College and Yeshiva University be extended through June 30, 2011 to allow for the necessary time to gain approval for the site visitor and site visit coordinator travel and to conduct the site visit before the accreditation extension expires in order to determine the colleges’ eligibility for continuing its current RATE accreditation as required by Regulation. [HE (A) 2]

Emergency Adoption of Sections 52.1, 52.21 and 80-5.13 of the Regulations of the Commissioner of Education Relating to the Establishment of a Graduate Level Clinically Rich Teacher Preparation Pilot Program.  At the November and December 2009 meetings, the Board of Regents approved the conceptual framework for graduate level clinically rich teacher preparation pilot programs.  At the February 2010 meeting, the Board of Regents endorsed the plan to implement this pilot program through a Request for Proposal (RFP).  Your Committee recommends that sections 52.1, 52.21 and 80-5.13 of the Regulations of the Commissioner of Education, be amended as submitted, effective May 1, 2010, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare to timely implement the provisions of the proposed amendment so that the Department can begin the competitive bidding process so that institutions can begin offering these programs in a timely manner consistent with the State’s Race to the Top application. [HE (A) 4]

Emergency Adoption of Section 100.2 (o) of the Regulations of the Commissioner of Education Relating to the Annual Professional Performance Review for Teachers in the Classroom Teaching Service.  Your Committee recommends that subparagraph (o) of Section 100.2 of the Regulations of the Commissioner of Education be amended, as submitted, effective May 1, 2010, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare to provide school districts and BOCES with sufficient time to implement the provisions of this subdivision prior to the 2011-2012 school year. [HE (A) 5]

Emergency Adoption of Section 80-4.13 of the Commissioner’s Regulations Relating to Teacher Certification Flexibility to Avoid or Mitigate Reductions in Force.  Your Committee recommends that new subdivisions (k), (l) and (m) of Section 80-4.3 of the Regulations of the Commissioner of Education be amended, as submitted, effective April 27, 2010, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare to inform reduction in force decisions that must be made by school districts prior to school budget votes in May 2010. [HE (A) 3]

MOTION FOR ACTION BY FULL BOARD

              Madam Chancellor and Colleagues:  Your Higher Education 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, 2010, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

Teacher Standards Development.  The Committee discussed a preliminary draft of Teaching Standards and Elements.  The draft will be presented to the Board for review and discussion prior to convening educational stakeholders to assist in further development.  These standards will serve as a basis for the alignment of preparation programs, the assessment of candidates for certification, the performance evaluation of practicing teachers under the APPR, and the targeting of practice based professional development. [HE (D) 2]

Arts Education.  The Committee discussed a proposal to create one or more annotations in the area of arts education.  The purpose of the annotations would be to develop a statewide mechanism for early childhood teachers to strengthen their knowledge and skills in the areas of theater, dance, music and/or visual arts to improve the instructional program provided to students in these disciplines. [HE (D) 1]

 

REGENTS COMMITTEE ON PROFESSIONAL PRACTICE

Your Professional Practice Committee held its scheduled meeting on April 19, 2010.  All Committee members were present.  Regent Wade S. Norwood 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 3 cases. In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 27 consent order applications and 7 surrender applications be granted.

              These recommendations are made following the review of 37 cases involving nine registered professional nurses, four licensed practical nurses who are also registered professional nurses, three licensed practical nurses, two dentists, two massage therapists, two pharmacists, two podiatrists, two professional engineers, one architect, one dental hygienist, one optometrist, one pharmacy, one physical therapist, one physical therapist assistant, and one veterinarian.  [PPC EXS (A) 1-3]

Restoration Petitions

              Voted, that the Board of Regents deny the application of Barry S. Goldberg for the restoration of his license to practice as a physician in the State of New York.  [PPC EXS (A) 4]

Voted, that the Board of Regents stay the execution of the surrender of the pharmacist license of Javid Ganjian, that he be placed on probation for two years under the terms and conditions that are attached to the Report of the Committee on the Professions as Exhibit “A,” and that, upon successful completion of the terms of probation, his license be fully restored.  [PPC EXS (A) 5]   

              Voted, that the Board of Regents stay the Order of Revocation of Paul S. Mayer’s license to practice as a physician in the State of New York and place him on probation for five years under the Terms of Probation attached to the Report of the Committee on the Professions as Exhibit “A,” and that, upon satisfactory completion of the probationary period, his license be fully restored.  [PPC EXS (A) 6]

              Voted, that the Board of Regents deny the application of Satish R. Shah for restoration of his license to practice as a pharmacist in the State of New York.  [PPC EXS (A) 7]

              Voted, that the Board of Regents grant the application of Kailash C. Singhvi for the restoration of his license to practice as a physician in the State of New York and that his license be restored without restriction.  [PPC EXS (A) 8]

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 19, 2010, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

              Your Committee discussed several topics of interest, including:

  • Deputy Commissioner’s Report – Frank Muñoz updated the Committee members on various OP issues, including:
  • Mental Health Services Law Update
    • Update on status of registration bill, including time-limited exemption for State agencies
    • Review of experience requirements for clinical social work
  • Staffing/Budget Update
  • Technology
  • Update on pending CPA mobility legislation
    • Bill in legislature would provide practice privilege to allow CPAs licensed and in good standing in another state to practice in NYS without licensure.
    • Licensure qualifications of the other state must be substantially equivalent to NY’s requirements and other state must be the principal place of business. 
    • No notice would be required, but Regents would have disciplinary authority.
    • OP is urging revisions to strengthen moral character/prior discipline provisions of bill.
  • International Medical Schools – Impact of expansion of offshore medical schools on domestic schools.
    • Availability of clinical rotations.
    • Convening of study group to make recommendations to Regents.  [Oral Report]
  • Mental Health Professions Regulations – Discussion of proposed regulation changes to clarify experience and permit requirements and to establish endorsement standards in the professions of mental health counseling, marriage and family therapy, creative arts therapy and psychoanalysis (for action in June).  [PPC (D) 1]
  • Licensed Clinical Social Worker (LCSW) Experience Requirements – Conceptual discussion of the development of regulations and guidelines that revise and clarify the experience requirements for licensure as an LCSW.  These changes will reduce the required number of hours of experience required in the three areas of Diagnosis and Treatment, Psychotherapy, and Assessment Based Treatment Plans from 2,880 hours to approximately 2,000. This will, in turn, address one of the major complaints about the current laws and rules that the licensing requirements are irrationally stringent in the context of current practice and need for practitioners.  [PPC (D) 2]  

 

STANDARDS WORK GROUP

Your Standards Work Group held its scheduled meeting on April 19, 2010.  All Work Group members were present, except for Vice Chancellor Cofield, who was excused.

ACTION ITEMS

Partnership for Assessment of Readiness for College and Career

Your Work Group recommends that the Board of Regents accept the invitation for New York to be a Governing State in the Partnership for Assessment of Readiness for College and Career. The Race to the Top Comprehensive Assessment Systems grant program is providing consortia of states with the opportunity to develop assessment systems based on the Common Core Standards in math and ELA.  New York will partner with Massachusetts, Florida, Tennessee and Louisiana to set the direction for the next generation of critical work on standards, assessments and curriculum.  Applications are due to USDOE on June 23, 2010.    [SW (A) 1]

MOTION FOR ACTION BY FULL BOARD

             

              Madam Chancellor and Colleagues:  Your Standards Work Group recommends, and we move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Work Group's deliberations at its meeting on April 20, 2010, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

New York State Common Core Standards Review and Adoption Process Update – the Standards Work Group discussed the NYS Common Core Standards Review and Adoption Process and changes to the timeline that have occurred since the last discussion.  The Race to the Top Round Two application calls for states to adopt the Common Core Standards developed by NGA/CCSSO by August 2, 2010.  It is anticipated that the final Common Core Standards will be released in late May.  The Regents are scheduled to take action on the Common Core Standards (85%) at the July Regents meeting in order to meet the Race to the Top deadline.  Phase II of the process will continue after this action and will include a review of the final set of NGA/CCSSO Common Core Standards and the development of a proposed draft of P-12 NYS Learning Standards for ELA and Mathematics, that includes the Common Core Standards (85%) and additional recommended NYS Standards (up to15%) for statewide public comment.  Final standards will be brought to the Regents for action in the fall for use beginning in the 2011-12 school year.   [SW (D) 1]

             

REGENTS COMMITTEE ON VOCATIONAL AND EDUCATIONAL SERVICES FOR INDIVIDUALS WITH DISABILITIES

Your VESID Committee held its scheduled meeting on April 19, 2010.   All members were present with the exception of Regent Tilles who was excused.  Regent Bottar chaired the meeting in Regent Tilles’ absence.  Chancellor Tisch, Chancellor-Emeritus Bennett, Regents Phillips, Tallon, Brooks Hopkins, Young and Commissioner Steiner, Senior Deputy King also attended.   

                                  

MATTERS NOT REQUIRING BOARD ACTION

                           

              Deputy Commissioner Cort presented results on some of the key outcome measures for students with disabilities from the 2008-09 school year and described targeted improvement actions VESID is taking to address these results.  Discussion focused on participation and performance on state assessments, regents examination results, exiting data: graduation and dropout results, timely evaluations of students for special education services, transition of children from early intervention to preschool special education, transition planning and suspension rates for students with disabilities. (VESID (D) 1) 

              Deputy Commissioner Cort presented cost-containment recommendations relating to special education to the Committee for their consideration to determine if there is support to advance proposals that would not diminish a district’s responsibility to provide a free appropriate public education for all students with disabilities.  Recommendations were related to certain requirements pertaining to: regulating New York’s continuum of service for special education, the distribution of copies of the IEP, the statute of limitations for bringing due process appeals, and Commissioner’s appointments of students to State Supported and State Operated Schools.  The Regents affirmed Department staff moving forward with the process for seeking stakeholders comment. (VESID (D) 2)

                           

 

Appendix I

NEW YORK STATE BOARD OF REGENTS CHARTER ACTION

CULTURAL EDUCATION

ABSOLUTE CHARTERS

BROCKPORT COMMUNITY MUSEUM

Brockport, Monroe County

A provisional charter was granted to this corporation on December 13, 2002.  The board of trustees has applied for an absolute charter. The Office of Cultural Education recommends that the provisional charter be made absolute.

NEWARK-ARCADIA HISTORICAL SOCIETY

Newark, Wayne County

A provisional charter was granted to this corporation under the corporate name “Arcadia Historical Society” on September 18, 1992.  Such provisional charter was amended on July 21, 2005 to change the corporate name to “Newark-Arcadia 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.

STEVENS MEMORIAL COMMUNITY LIBRARY

Attica, Wyoming County

A provisional charter was granted to this corporation on February 11, 2003.  The board of trustees has applied for an absolute charter. The Office of Cultural Education recommends that the provisional charter be made absolute.

AMENDMENT AND EXTENSION OF CHARTERS

BROOKHAVEN FREE LIBRARY

Brookhaven, Suffolk County

A provisional charter was granted to this corporation on June 19, 1930 to operate a library.  Such provisional charter was made absolute on November 30, 1951, and amended and extended on several occasions, the most recent being on September 17, 1999.  The board of trustees has applied for an amendment to the absolute charter to change the designated service area of the library to be the South Country 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.

THE ENRICO CARUSO MUSEUM OF AMERICA

Brooklyn, Kings County

A provisional charter was granted to this corporation by action on November 3, 1995. The board of trustees has applied for an amendment to the provisional charter to clarify its purposes, and as so amended, that the charter be extended. The Office of Cultural Education recommends that the provisional charter be amended, and as so amended, extended for a period of 5 years.

ESSENTIAL CLUB FREE LIBRARY

Canseraga, Allegany County

A provisional charter was granted to this corporation on March 29, 1900.  Such provisional charter was made absolute by Regents action on June 28, 1906.  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 Burns, to specify the number of trustees to be not less than five nor more than eleven, to designate the Commissioner of Education as agent of the corporation upon whom process in any action or proceeding against it may be served, and to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3).  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

HEPBURN LIBRARY OF WADDINGTON

Waddington, St. Lawrence County

An absolute charter was granted to this corporation on January 1, 1921, and amended on December 13, 1922.  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 Waddington, to specify the number of trustees to be not less than five nor more than fifteen, to designate the Commissioner of Education as agent of the corporation upon whom process in any action or proceeding against it may be served, and to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3).  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

HOLLAND MASONIC HISTORICAL SOCIETY

New York, New York County

A provisional charter was granted to this corporation on December 16, 2008.  The board of trustees has applied for an amendment to the provisional charter to change the corporate name to “Holland Lodge Historical Society,” and to change the corporate address.  The Office of Cultural Education recommends that the charter be amended accordingly.

KEENE VALLEY PUBLIC LIBRARY

Keene Valley, Essex County

A provisional charter was granted to this corporation on December 13, 1893.  Such provisional charter was made absolute on December 21, 1899.  The board of trustees has applied for an amendment to the absolute charter to delete the following language, “with nine trustees to be elected each year by the enrolled members of the Keene Valley public library association who have paid one dollar to the library during the year preceding each election”; to specify that the number of trustees be not less than five nor more than twenty-five; to change the length of the term of office of members of the Board of Trustees from one year to three years; to provide that the members of the Board of Trustees shall be appointed by the Board of Trustees; to change the name of the corporation from Keene Valley Public Library to Keene Valley Library Association; to designate the library’s service area to be consistent with the 2000 U.S. Census; 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.

MACEDON PUBLIC LIBRARY

Macedon, Wayne County

A provisional charter was granted to this corporation on January 26, 1972 to operate a library.  Such provisional charter was made absolute on March 25, 1977 and amended on September 16, 2008.  The board of trustees has applied for an amendment to the absolute charter to change the term length of the members of the Board of Trustees from five years to three years with a maximum of three consecutive terms with the terms of the trustees adjusted so that a substantially equal number of trustee terms expire in 2010, 2011 and 2012, with the individual terms to be determined by drawing lots, 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.

MAHOPAC PUBLIC LIBRARY

Mahopac, Putnam County

An absolute charter was granted to this corporation under the corporate name “The Mahopac Library” on July 24, 1987.  Such absolute charter was amended by Regents action on November 3, 2005 to change the corporate name to “Mahopac Public Library.”  The board of trustees has applied for an amendment to the absolute charter to specify the trustee term length from five years to three years.  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

NATIONAL SOCCER HALL OF FAME AT ONEONTA, NEW YORK

Oneonta, Otsego County

A provisional charter was granted to this corporation on September 25, 1981. Such provisional charter was amended and extended on several occasions with the most recent being May 18, 2009.  The board of trustees has applied for an amendment to the provisional charter to change the corporate name to “National Soccer Hall of Fame,” and to change the corporate address.  The Office of Cultural Education recommends that the provisional charter be amended as requested.

SALLY PLOOF HUNTER MEMORIAL LIBRARY

Black River, Jefferson County

A provisional charter was granted to this corporation on December 2, 1915 under the corporate name “Black River Free Library.”  Such charter was made absolute on June 23, 1972, and amended on February 12, 2007 to change the corporate name to “Sally Ploof Hunter Memorial Library.” The board of trustees has applied for an amendment 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.

TROMPTOWN HISTORICAL SOCIETY

DeRuyter, Madison County

A provisional charter was granted to this corporation on April 25, 1975. Such provisional charter was extended several times with the most recent being February 18, 1993. The board of trustees has applied for an amendment 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 provisional charter be amended accordingly.

VILLAGE LIBRARY OF COOPERSTOWN

Cooperstown, Otsego County

A provisional charter was granted to this corporation on April 22, 1949.  Such provisional charter was made absolute on April 22, 1955.  The board of trustees has applied for an amendment to specify that the number of trustees be not less than five nor more than fifteen, with the current number being five; to change the length of the term of office of members of the Board of Trustees from five years to three years; to specify that trustees will be appointed by the Village of Cooperstown, the Town of Otsego, and the Town of Middlefield; to designate the library’s service area to be the Village of Cooperstown, the Town of Otsego and the Town of Middlefield; 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.

WIMODAUGHSIAN FREE LIBRARY

Canisteo, Steuben County

A provisional charter was granted to this corporation on November 4, 1897.  Such provisional charter was made absolute by Regents action on May 21, 1903 and amended on April 23, 2002.  The board of trustees has applied for an amendment to specify that the number of trustees be not less than five nor more than nine.  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

WOLCOTT CIVIC FREE LIBRARY

Wolcott, Wayne County

A provisional charter was granted to this corporation on October 17, 1929.  Such provisional charter was made absolute on December 20, 1951, and amended on March 15, 2005.  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, and to designate the service area to be the Village of Walcott.  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

PROVISIONAL CHARTERS

THE BUFFALO MARITIME CENTER

Buffalo, Erie County

The board of trustees has petitioned the Board of Regents to form a corporation to create a maritime center.  The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

FRANKLIN RAILROAD AND COMMUNITY MUSEUM

Franklin, Delaware County

The board of trustees has petitioned the Board of Regents to form a corporation to establish and maintain a museum.  The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

PHILADELPHIA HISTORICAL SOCIETY

Philadelphia, Jefferson County

The board of trustees has petitioned the Board of Regents to form a corporation to establish and maintain a history museum.  The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

REGENTS APPROVAL FOR THE TRANSFER OF ASSETS

THE NORTH COLLINS LIBRARY ASSOCIATION

North Collins, Erie County

The North Collins Library Association was incorporated by act of the Erie County Supreme Court on May 4, 1878 to buy a collection of books and make the same accessible to the members of the association.  Such corporation was registered by the New York State Education Department on December 30, 1947.  The board of trustees has petitioned the Board of Regents for the transfer of the library assets of The North Collins Library Association to the Town of North Collins Public Library, which was incorporated by action of the Board of Regents under a provisional charter on February 3, 1995, to serve the residents of the Town of North Collins.  The Office of Cultural Education recommends that approval be given to the transfer of its library property to the Town of North Collins Public Library.

CERTIFICATE OF INCORPORATION

THE FRIENDS OF THE TROY PUBLIC LIBRARY

Troy, Rensselaer County

The board of trustees has petitioned the Board of Regents to form a corporation to support the activities of the Troy Public Library and to raise funds to enhance the regular library budget. The Office of Cultural Education recommends that a certificate of incorporation be issued.

CERTIFICATE OF ASSUMED NAME

MARGARET WOODBURY STRONG MUSEUM

Rochester, Monroe County

A provisional charter was granted to this corporation under the corporate name “Margaret Woodbury Strong Museum of Fascination” on June 21, 1968.  Such provisional charter was amended and extended on several occasions, including an amendment on September 19, 1974 to change the corporate name to “Margaret Woodbury Strong Museum,” and made absolute on November 18, 1983.  On October 23, 2007 Regents consent was granted to use the assumed name “Strong National Museum of Play.”  The board of trustees has requested that the Board of Regents consent to the filing of a certificate of assumed name pursuant to General Business Law §130 to authorize the corporation to use the assumed name “The Strong.”   The Office of Cultural Education recommends that the consent of the Board of Regents to the filing of such certificate of assumed name be granted.

APPOINTMENT OF TRUSTEES

THE ALLEGANY COUNTY HISTORICAL SOCIETY

Wellsville, Allegany County

A provisional charter was granted to this corporation on December 17, 1971.  The Society has been dormant since about 1976 and no members of the last known board of trustees survives as such so that the trustees have been unable to hold elections or transact business. The following individuals have petitioned the Board of Regents to change the corporate name to “Allegany County Historical Society,” to change the corporate address to P.O. Box 588, Wellsville, New York 14895, to restate the corporate purposes, and for appointment as trustees for the purpose of reviving the charter: Ronald G. Taylor, William Leilous, Leonard Watson, Mary Rhodes and Robert Dorsey.  The Office of Cultural Education recommends that the Board of Regents appoint the aforementioned petitioners as new trustees of the corporation for purposes of reviving the provisional charter; and that the provisional charter be amended to change the corporate name, to restate the corporate purposes, and to change the corporate address, as requested. It is further recommended that the provisional charter be extended for a period of five years to allow the corporation additional time to expand its membership and financial support, begin gathering a collection, seek a suitable facility for exhibits and collections storage, develop suitable forms and procedures for collections and otherwise demonstrate that it can meet the requirements for an absolute charter.

ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

AMENDMENT AND EXTENSION OF CHARTER

NORTHERN LIGHTS SCHOOL

Wilmington, Essex County

A provisional charter was granted to this corporation on April 29, 1997 to operate a nursery school, a kindergarten and a grades one through eight elementary school.  Such provisional charter was extended on June 13, 2000, April 29, 2003 and amended and extended on December 4, 2006.  The board of trustees has applied for an amendment to the provisional charter to change the corporate address to 57 Church Street, P.O. Box 228, Saranac Lake, New York 12983, and to specify that the corporation shall operate all of its programs at such address. 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.

DISSOLUTION OF CHARTER

SS. COLUMBA-BRIGID MONTESSORI SCHOOL

Buffalo, Erie County

A provisional charter was granted to this corporation on December 15, 2000 to operate a nursery school, a kindergarten and a grade one through eight elementary school.  Such provisional charter was amended on February 23, 2004 and extended on May 22, 2007.  The board of trustees has petitioned the Board of Regents for dissolution because the corporation is no longer in operation and has no assets, and for approval to file the student records with the Diocese of Buffalo.  The Office of Nonpublic School Services recommends that the provisional charter be dissolved as requested and that approval be granted for storage of the student records with the Diocese.

OFFICE OF PROFESSIONS

AMENDMENT OF CHARTERS

HOFSTRA UNIVERSITY

Hempstead, Nassau County

A provisional charter was granted to this corporation under the corporate name “Hofstra College” on January 16, 1937.  Such provisional charter was made absolute on February 16, 1940.  Such absolute charter was amended on several occasions, including a change of name to “Hofstra University” on March 1, 1963.  The most recent amendment was on March 19, 2007.  The board of trustees has applied for an amendment to add authority for the corporation to confer the degree of Doctor of Medicine (M.D.). The Office of Professions recommends that the absolute charter be amended to authorize the corporation to operate postsecondary degree programs registered by the State Education Department and to confer degrees approved and authorized by the Board of Regents in connection with such programs, including the Doctor of Medicine (M.D.) degree.

PSYCHOANALYTIC PSYCHOTHERAPY STUDY CENTER 

New York, New York County

A provisional charter was granted to this corporation on June 20, 1986. Such provisional charter was amended and extended on several occasions, the most recent being an extension on May 23, 2006.  The board of trustees has applied for an amendment to the provisional charter to restate the corporate purposes. The Office of Professions recommends that the provisional charter be amended accordingly.

 

Appendix II

REGENTS ACTIONS IN 37 PROFESSIONAL DISCIPLINE CASES

AND 5 RESTORATION PETITIONS

April 19-20, 2010

The Board of Regents announced disciplinary actions resulting in the surrender of 7 licenses and 30 other disciplinary actions.  The penalty indicated for each case relates solely to the misconduct set forth in that particular case. In addition, the Board acted upon 5 restoration petitions.

Engineering and Land Surveying

Balram R. Chandiramani; Professional Engineer; Bayside, NY 11360-2228; Lic. No. 047766; Cal. No. 25016; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted of Bribery Concerning Programs Receiving Federal Funds, a felony.

Nursing

Eva M. Cron a/k/a Eva Cron; Registered Professional Nurse; Warwick, NY 10990; Lic. No. 363040; Cal. No. 24676; Application to surrender license granted. Summary: Licensee admitted to charges of gross negligence and gross incompetence for errors committed during the attempted cardiopulmonary resuscitation of a patient; and of having been convicted of committing an act constituting a crime under New York Law, willfully abusing a patient physically, and conduct which evidences moral unfitness to practice the profession for placing a patient in a headlock and slapping the patient across the face.

Frank Garcia; Licensed Practical Nurse, Registered Professional Nurse; Romulus, NY 14541; Lic. Nos. 269677, 565707; Cal. Nos. 24972, 24973; Application to surrender licenses granted.  Summary: License admitted to charges of having 2 separate 2009 convictions for Murder in the 1st Degree as well as other charges.

Pharmacy

Herman H. Bank; Elmira, NY 14902-0500; Lic. No. 048710; Cal. No. 24599; Application to surrender license granted. Summary: Licensee admitted to charges of having been convicted of Manslaughter in the 2nd Degree and Vehicular Assault.

Podiatry

Henry Borrelli; Little Falls, NJ 07424; Lic. No. 003852; Cal. No. 25002; Application to surrender license granted. Summary: Licensee admitted to charges of having been convicted of Conspiracy to Commit Mail Fraud and Health Care Fraud and to Make False Statements in Connection with Payment of Health Care, a felony; of Health Care Fraud, a felony; and of Kickbacks Conspiracy, a felony.

Albert M. Kalajian; Hollis, NY 11423; Lic. No. 002608; Cal. No. 25003; Application to surrender license granted. Summary: Licensee admitted to charges of having been convicted of Conspiracy to Commit Mail Fraud and Health Care Fraud and to Make False Statements in Connection with Payment of Health Care, a felony; of Health Care Fraud, a felony; and of Kickbacks Conspiracy, a felony.

 

II. OTHER REGENTS DISCIPLINARY ACTIONS

Architecture

Albert C. Morgan; Brooklyn, NY 11205-2302; Lic. No. 016716; Cal. No. 24831; Application for consent order granted; Penalty agreed upon: 2 year actual suspension with leave to apply for early termination upon successful completion of certain course of education, upon service of or upon early termination of suspension, 2 years probation, $5,000 fine payable within 18 months.

Dentistry

Annie Arthur; Dental Hygienist; Lake Placid, NY 12946; Lic. No. 017715; Cal. No. 24873; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation.

Dawn Marie Powell; Dentist; Lawrence, NY 11559-1594; Lic. No. 052341; Cal. No. 24897; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,000 fine.

David Hanley Lewis; Dentist; Middle Village, NY 11379; Lic. No. 045565; Cal. No. 24936; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation, $5,000 fine.

Engineering and Land Surveying

 

Shahid Nawaz Malik; Professional Engineer; South Richmond Hill, NY 11419; Lic. No. 081332; Cal. No. 24878; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,500 fine.

Massage Therapy

Diana Janele Nott; Deer Park, NY 11729; Lic. No. 013100; Cal. No. 24757; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Annie Arthur; Lake Placid, NY 12946; Lic. No. 015689; Cal. No. 24874; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Nursing

Yvette Marie Stone; Registered Professional Nurse; Corinth, NY 12822; Lic. No. 416656; Cal. No. 24681; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation to commence upon return to practice, $500 fine.

Julia Adina George-Sheriffe; Registered Professional Nurse; Calgary, AB T3G 4Y5 Canada; Lic. No. 436468; Cal. No. 24688; Application for reconsideration granted as set forth in Regents Review Committee report.

Anne Michelle Pae; Registered Professional Nurse; New York, NY 10021; Lic. No. 427900; Cal. No. 24812; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 24 months probation.

Julieann Yerks; Licensed Practical Nurse; Poughkeepsie, NY 12601; Lic. No. 262202; Cal. No. 24825; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice, upon termination of suspension, 2 years probation.

Adriana Capitaneanu Serban; Registered Professional Nurse; North Bellmore, NY 11710; Lic. No. 505754; Cal. No. 24851; Application for consent order granted; Penalty agreed upon: 2 month actual suspension, 22 month stayed suspension, 2 years probation.

Nancy Ann Dieter; Registered Professional Nurse; Schenectady, NY 12304; Lic. No. 476923; Cal. No. 24872; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Shannon M. Carver; Licensed Practical Nurse; Lowman, NY 14681; Lic. No. 282750; Cal. No. 24882; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Charlene Marie Carston; Licensed Practical Nurse; Kingston, NY 12401; Lic. No. 263100; Cal. No. 24895; Found guilty of professional misconduct; Penalty: 2 year suspension, execution of suspension stayed, probation 2 years, $500 fine.

Mark Joseph Semen; Registered Professional Nurse; Schenectady, NY 12306; Lic. No. 519273; Cal. No. 24896; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Donald Edward Lamendola, Jr.; Licensed Practical Nurse, Registered Professional Nurse; Middletown, NY 10940; Lic. Nos. 208313, 425120; Cal. Nos. 24918, 24919; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $1,000 fine.

Gerald Eaddy; Licensed Practical Nurse, Registered Professional Nurse; Corona, NY 11368; Lic. Nos. 267614, 530318; Cal. Nos. 24927, 24928; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until successfully participate in course of therapy and treatment and until fit to practice, upon termination of suspension, 2 years probation to commence if and when return to practice, $1,000 fine.

Mark Westbrook Wilder; Registered Professional Nurse; Long Beach, NY 11561; Lic. No. 414046; Cal. No. 24941; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until successfully participate in course of therapy and treatment and until fit to practice, upon termination of suspension, 2 years probation to commence if and when return to practice.

Pauline Rosalee Hutchinson; Licensed Practical Nurse, Registered Professional Nurse; Mt. Vernon, NY 10550; Lic. Nos. 214310, 445005; Cal. Nos. 24957, 24958; Application for consent order granted; Penalty agreed upon: 2 month actual suspension, 22 month stayed suspension, 2 years probation, $1,000 fine.

Jeannine Eldon Lurie; Registered Professional Nurse; New York, NY 10017; Lic. No. 333809; Cal. No. 24962; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation to commence if and when return to practice, $1,000 fine payable in two equal installments within 6 months.

Optometry

Brian Maillard; Cobleskill, NY 12043; Lic. No. 006803; Cal. No. 24701; Application for consent order granted; Penalty agreed upon: 3 month actual suspension from May 1, 2010 through July 31, 2010, 21 month stayed suspension, 2 years probation, $3,000 fine.

Pharmacy

Gerald M. Hicks; Pharmacist; Rouses Point, NY 12979; Lic. No. 031409; Cal. No. 24709; Found guilty of professional misconduct; Penalty: Suspension for a minimum of 3 years and indefinite suspension until fit to practice, probation 3 years to commence subsequent to termination of indefinite suspension upon return to practice.

CVS Albany, L.L.C. d/b/a CVS/Pharmacy; 12 West Ramapo Road, Garnerville, NY 10923; Pharmacy; Garnerville, NY 10923; Reg. No. 024446; Cal. No. 24832; Application for consent order granted; Penalty agreed upon: $5,000 fine payable within 30 days.

Physical Therapy

Edgar Epifanio Joseph Seoane; Physical Therapist Assistant; Flushing, NY 11355; Cert. No. 002482; Cal. 24953; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for not less than 6 months and until fit to practice, upon termination of suspension, 5 years probation.

Ronald Woo Tacandong; Physical Therapist; Yonkers, NY 10710; Lic. No. 014164; Cal. No. 24965; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $1,000 fine.

Veterinary Medicine

Jeffrey Bruce Nesse; Great Neck, NY 11021-4220; Lic. No. 003274; Cal. No. 24949; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $750 fine.

III. RESTORATIONS

The Board of Regents voted on April 20, 2010 to deny the petition for restoration of the physician license of Barry S. Goldberg, Dix Hills, NY 11746.  Dr. Goldberg’s license was originally revoked November 2, 2000.

The Board of Regents voted on April 20, 2010 to stay the surrender of the pharmacist license of Javid Ganjian, Roslyn, NY 11576, and to place him on probation for a period of two years under specified terms and conditions. Mr. Ganjian’s license was originally surrendered December 23, 1992. 

The Board of Regents voted on April 20, 2010 to stay the order of revocation of the physician license of Paul S. Mayer, Newburgh, NY 12550, and to place him on probation for a period of five years under specified terms and conditions. Dr. Mayer’s license was originally revoked April 8, 2002. 

The Board of Regents voted on April 20, 2010 to deny the petition for restoration of the pharmacist license of Satish R. Shah, Clifton, NJ 07012.  Mr. Shah’s license was originally revoked on June 19, 1996.

The Board of Regents voted on April 20, 2010 to grant the restoration of the physician license of Kailash Singhvi, Roslyn, NY 11576. Dr. Singhvi’s license was originally surrendered December 3, 2002.