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Regents letterhead

 

SUMMARY OF THE MAY MEETING

OF THE BOARD OF REGENTS

OF

THE UNIVERSITY OF THE STATE OF NEW YORK

 

Held at the State Education Building

Albany, New York

 

May 17, 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, May 17 at 10:05 a.m. and 5:10 p.m. pursuant to a call to duty sent to each Regent.

MEETING OF THE FULL BOARD, Monday, May 17, 10:05 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

James R. Tallon, Jr.

Roger Tilles

Charles R. Bendit

Betty A. Rosa

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 Joseph E. Bowman, Jr., Karen Brooks Hopkins and Lester W. Young, Jr. were absent and excused.

              Chancellor Merryl H. Tisch called the meeting to order at 10:05 a.m.

 

ACTION ITEMS

Executive Session Motion

MOVED, that the Board of Regents convene in Executive Session on Monday, May 17 at 10:10 a.m. for the purpose of discussing a personnel matter and at 5:30 p.m. for the purpose of discussing a competitive grant proposal.

          

              Motion by:               Vice Chancellor Milton L. Cofield

              Seconded by:           Chancellor Emeritus Robert M. Bennett

              Action:                     Motion carried unanimously

 

State Education Department March 2010 Fiscal Report

BR (A) 4

                           

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

              Motion by:               Chancellor Emeritus Robert M. Bennett

              Seconded by:           Regent Harry Phillips, 3rd

              Action:                     Motion carried unanimously

Appointment to the Position of Executive Secretary, State Boards for Dentistry and Optometry

BR (A) 5

             MOVED, that the Board of Regents approve the appointment of Dolores Cottrell-Carson, D.D.S., M.S.H.A. as Executive Secretary to the State Boards for Dentistry and Optometry.

              Motion by:               Vice Chancellor Milton L. Cofield

              Seconded by:           Regent Harry Phillips, 3rd

              Action:                     Motion carried unanimously

              Full Board adjourned at 10:30 a.m.

 

MEETING OF THE FULL BOARD, Monday, May 17, 5:10 p.m.

Board Members in Attendance:

Merryl H. Tisch, Chancellor

Vice Chancellor Milton L. Cofield

Robert M. Bennett, Chancellor Emeritus

Saul B. Cohen

James C. Dawson

Anthony S. Bottar

Geraldine D. Chapey

Harry Phillips, 3rd

James R. Tallon, Jr.

Roger Tilles

Charles R. Bendit

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 Joseph E. Bowman, Jr., Karen Brooks Hopkins, Betty A. Rosa and Lester W. Young, Jr. were absent and excused.

              Chancellor Merryl H. Tisch called the meeting to order at 5:10 p.m.

ACTION ITEMS

Charter Applications for May 2010

BR (A) 1

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

              Motion by:               Regent James C. Dawson

              Seconded by:           Regent Geraldine D. Chapey

              Action:                     Motion carried unanimously 

Summary of the April 2010 Meeting

BR (A) 2

              MOVED, that the Summary of the April 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:           Regent Geraldine D. Chapey

              Action:                     Motion carried unanimously

Supplemental Charter Application

BR (A) 3

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

              Motion by:            Regent James C. Dawson

              Seconded by:       Regent Geraldine D. Chapey

             Action:                  Motion carried unanimously

 

PROGRAM AREA CONSENT ITEMS

Cultural Education

Emergency Amendment of Regents Rule §3.27, Relating to Museum Collections Management Policies

BR (CA) 1       

              MOVED, that paragraph (7) of subdivision (a), and paragraphs (6) and (7) of subdivision (c), of section 3.27 of the Rules of the Board of Regents be amended, as submitted, effective June 13, 2010, as an emergency action to expire and be deemed repealed effective August 9, 2010, upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare in order to protect the public’s interest in collections held by a museum or historical society by enumerating the specific criteria under which an institution may deaccession an item or material in its collection, remove the option allowing an institution to designate a structure as a collections item but keep intact any such designation made by vote of a board of trustees prior to December 19, 2008, and specify that no proceeds from deaccessioning may be used for capital expenses, except to preserve, protect or care for an historic building previously designated as part of the institution’s collection, as above.  Emergency action is also necessary to ensure that the emergency rule remains continuously in effect until it can be adopted and made effective as a permanent rule. 

              Motion by:               Regent James C. Dawson

              Seconded by:           Regent James R. Tallon, Jr.

             Action:                      Motion carried unanimously

EMSC

Petition of the Dunkirk City School District for Consent to Exceed the Constitutional Debt Limit

BR (CA) 2

              MOVED, that the Board of Regents give consent to the issuance of bonds and/or bond anticipation notes by the Board of Education of the Dunkirk City School District in an amount not to exceed $28,100,000 for capital improvements consisting of reconstruction and renovation, in part, and additions to school buildings, grounds 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.

              Motion by:          Vice Chancellor Milton L. Cofield

              Seconded by:      Regent Roger Tilles

             Action:                 Motion carried unanimously

Higher Education

Fashion Institute of Technology:  Master of Fine Arts M.F.A.) Degree
BR (CA) 3

           MOVED, that the Board of Regents authorize the Fashion Institute of Technology to confer the Master of Fine Arts (M.F.A.) degree on duly qualified students successfully completing its registered M.F.A. programs effective May 17, 2010.

              Motion by:        Regent James C. Dawson

              Seconded by:   Regent Anthony S. Bottar

             Action:              Motion carried unanimously

Master Plan Amendment: Mildred Elley School Branch Campus

BR (CA) 4

 

           MOVED, that the Board of Regents approve the amendment to the master plan of Mildred Elley School to allow the School to establish a branch campus in New York, NY, and to offer an Associate in Occupational Studies degree program in Medical Assistant. The amendment will be effective until May 17, 2011, unless the Department registers the branch campus and its programs prior to that date, in which case master plan amendment shall be without term.

              Motion by:        Regent James C. Dawson

              Seconded by:   Chancellor Emeritus Robert M. Bennett

             Action:              Motion carried unanimously

Professional Practice

(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) 5

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

Report of the Committee on the Professions Regarding Licensing Petitions
BR (CA) 6

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

              Motion by:        Regent Harry Phillips, 3rd 

              Seconded by:   Vice Chancellor Milton L. Cofield

             Action:               Motion carried unanimously

VESID

New York Title VII State Plan for Independent Living 2011, 2012 and 2013.

BR (CA) 7

              MOVED, that the Board of Regents approve the New York Title VII State Plan for Independent Living.

Amendment to the State Plan for Vocational Rehabilitation and Supplement for Supported Employment Services Program

BR (CA) 8

            MOVED, that the Regents approve the Amendment to the State Plan for Vocational Rehabilitation and Supported Employment Services, effective October 1, 2010.

              Motion by:        Regent Roger Tilles

              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:         Vice Chancellor Milton L. Cofield

              Seconded by:     Regent Harry Phillips, 3rd

              Action:               Motion carried unanimously

 

COLLEGE AND CAREER READINESS WORKING GROUP (April meeting)

Your College and Career Readiness Work Group held its scheduled meeting on April 20, 2010.  All Work Group members were present, except for Regents Tilles and Rosa, who were excused.

MATTERS NOT REQUIRING BOARD ACTION

Data Discussions – the Work Group was presented with updated information on P-12, Higher Education and national data. Alan Ray presented an analysis of Regents exam performance for the 2001-2005 cohorts and projections for the 2005-2008 cohorts. Joe Frey presented information on Trends in Demographics, College Enrollment and Remediation and Laura Smith presented research from the New York Comprehensive Center on high school examination systems in other states and countries.

  • The Work Group asked for disaggregated Regents exam data to include race, ethnicity, gender, ELL, rural/urban, big city/small city, etc. They would also like the same disaggregated information for the general education population and the special education population.  Due to the large quantity of information requested, staff will provide the disaggregated data in stages and will send to the Regents as it is available.
  • The Work Group asked for additional information on course requirements and exam requirements in Tennessee and Delaware.

National Center on Education and the Economy’s Board Examinations Model – The National Center on Education and the Economy, led by Marc Tucker, is assembling a consortium of states to implement a board examination system on a demonstration basis.  Selected high schools would offer board examinations at the end of 10th grade, and students who pass (at what we anticipate would be a higher level achievement than the current Regents exam threshold) would have the option of either beginning community college courses or pursuing upper-level high school studies in the Advanced Placement, International Baccalaureate, or similar college-prep program.  Students who do not pass the board examinations at the end of 10th grade would continue in a regular high school program and have the opportunity to retake the exams in 11th and 12th grade.

Higher Education Panel Discussion on College Readiness Challenges in New York State – A Higher Education Panel consisting of representatives from all four sectors of Higher Education (SUNY, CUNY, Independent Colleges and Proprietary Colleges) were present to discuss College Readiness Challenges in New York State.

  • Dr. David Lavallee, Interim Provost & Senior Vice Chancellor for Academic Affairs -  State University of New York (SUNY)
  • Dr. Lucinda Zoe, Interim Provost and Vice-President of Academic Affairs, Hostos Community College (CUNY)
  • Dr. R. Mark Sullivan, President, The College of Saint Rose
  • Dr. Donald Simon, Vice President for Governmental Relations, Monroe College

The panel provided input and answered questions relating to New York State’s high school graduates and how well they are prepared for college.  There was consensus that too many New York State students are lacking critical thinking, written expression, and problem-solving skills.  Students need more work in these non-academic areas and also in time management and study skills.  The panel discussed how college remedial courses are unsuccessful if the student is not college-ready and that 75 percent of students entering the CUNY Community College system need remediation.  A suggestion was made to bring together high school teachers and college faculty to discuss these concerns.  A structure will be put in place to allow continuing conversations to take place on these and other important issues relating to high school and college connections.  The College and Career Readiness Work Group will meet again at the May Regents meeting.

 

REGENTS COMMITTEE ON ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

Your EMSC Committee held its scheduled meeting on May 17, 2010.  All Committee members were present, except for Regents Bowman and Young, who were excused.

ACTION ITEMS

Regents Examinations Scoring Practices

Your Committee recommends that the Board of Regents approve the recommendation to phase in the requirement that school districts begin to scan Regents examination answer sheets, in response to a recent audit conducted by the Office of the State Comptroller.  The recommendation has two phases:  (1) that all Regents Exams be scanned for Department analysis, starting with the June Regents Administration in the 2010-2011 school year, in the following titles: Comprehensive English, Integrated Algebra, Global Studies and Geography, U.S. History and Government, Living Environment, and Earth Science (these exams are all used for the awarding of a Regents Diploma), (2) that all remaining Regents Exams be scanned, starting with the 2011-2012 school year (June Regents Administration). The introduction of scanning will allow the collection of item level and test taker demographic data that the Department needs for federal reporting. It is expected that school districts will benefit by an accelerated exam scoring process and elimination of manual inputting of test results.  [EMSC (A) 1]

Grades 3-8 ELA and Mathematics Testing Program

              Your Committee recommends that the Board of Regents approve the recommendation to delay releasing the scores of the Grades 3-8 Testing Program for ELA and mathematics to July 26, 2010 from June 24, 2010.  This additional time will allow for the completion of the necessary research and analysis needed to ensure that the cut scores are adjusted to reflect higher achievement standards and make certain that the Testing Program produces valid and reliable test scores that reflect the appropriate level of rigor needed for college and career readiness.  The Regents discussed the possible consequences of delaying the return of test scores and indicated the importance of communication with the field about the reasons for the delay.  [EMSC (A) 2]

Charter School Actions

The application for the second renewal charter of the Opportunity Charter School as proposed by the Chancellor of the city school district of the City of New York was removed from the May 2010 Regents agenda and was not acted upon.  [EMSC (A) 3]   

Your Committee recommends that the Board of Regents approves and issues the first renewal charter of the Manhattan 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 June 30, 2015.  [EMSC (A) 4]

Your Committee recommends that the Board of Regents approves and issues the second renewal charter of the KIPP 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 May 16, 2015.  [EMSC (A) 5]

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

Your Committee recommends that the Board of Regents approves the revision to the initial charter of the International Leadership Charter School as proposed by the Chancellor of the city school district of the City of New York, and the provisional charter is amended accordingly.  [EMSC (A) 7]

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

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

Your Committee recommends that the Board of Regents approves the revision to the first renewal charter of the Syracuse Academy of Science Charter School, and the provisional charter is amended accordingly.  [EMSC (A) 10]

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 May 17, 2010, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

Arts Education Initiative – Senior Deputy Commissioner John King and Deputy Commissioner Joseph Frey provided an update on discussions relating to Arts Education that have taken place since the April Regents meeting.  On May 3, a meeting was held with stakeholder representatives to continue discussions on the middle level arts instructional requirements and possibly allowing teachers in early childhood grades to complete substantial arts teaching preparation that could lead to an early elementary (grades PreK-2) arts annotation.   The Committee requested additional information on the specific staffing challenges faced by New York City Department of Education that precipitated the request for changes in the requirements before making a decision.  Additional information will be brought to the EMSC and Higher Education Committees in June.

 

JOINT MEETING OF REGENTS COMMITTEE ON ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION AND COLLEGE AND CAREER READINESS WORKING GROUP

Your College and Career Readiness Work Group held its scheduled meeting on May 17, 2010.  All Work Group members were present, except for Regents Bowman and Young, who were excused.

MATTERS NOT REQUIRING BOARD ACTION

Data/Information Discussions – the Work Group was presented with additional data on college readiness for students attending CUNY as requested at the April 2010 meeting. Associate Commissioner Ken Slentz provided information on the phase-out of the local diploma, course credit  and Regents exam requirements for general education students.

Panel Discussion:  College and Career Readiness Challenges in New York State

  • Dr. Charles S. Dedrick, District Superintendent, Capital Region BOCES
  • Dr. Kathleen Spring, Superintendent, Mohonasen School District
  • Dr. Joseph Dragone, Superintendent Ballston Spa School District
  • Michael Tucker, President and CEO, Center for Economic Growth
  • Mark Eagan, President and CEO, Albany-Colonie Regional Chamber of Commerce

The panel provided input and answered questions relating to New York State’s high school graduates and how well they are prepared for college and the workforce.  There was consensus that today’s students need to be critical thinkers, innovators, and have appreciation for global awareness.  Discussion focused on CTE programs and how important it is to integrate core courses into the CTE program so that students see the relevance to the work they are doing.  The panel made suggestions relating to project-based learning for CTE students and possibly making that the key to graduation, rather than a multiple choice test.  The College and Career Readiness Work Group will meet again at the June Regents meeting.

 

REGENTS COMMITTEE ON HIGHER EDUCATION

Your Higher Education held its scheduled meeting on May 17, 2010.  All members were present with the exception of Regent Young.

ACTION ITEMS

Emergency Adoption of Sections 52.1, 52.21 and 80-3.10 of the Regulations of the Commissioner of Education Relating to the Establishment of a Graduate Level Clinically Rich Principal Preparation Pilot Program with an oral amendment to section 52.21(c)(7)(v)(d)(3)(iv) on page 11 to change the word “classroom” to “school”.  At the November and December 2009 meetings, the Board of Regents approved the conceptual framework for graduate level clinically rich principal preparation pilot programs.  Your Committee recommends that sections 52.1, 52.21 and 80-3.10 of the Regulations of the Commissioner of Education, be approved as submitted and as orally amended, effective May 25, 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.

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 May 17, 2010, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

Conceptual Approval of Examination Framework for Teachers and School Leaders.  The Committee discussed the conceptual design of performance-based assessments for the certification of teachers and school leaders.  The assessments for both teachers and school leaders should be available for candidates to use by January 2012.  This timeline is consistent with the Regents initiative for clinically-rich pilot programs approved at the April meeting. 

Discussion regarding the continuation of the Regents Accreditation of Teacher Education (RATE).  The Committee discussed continuing the Regents Accreditation of Teacher Education given the New York State fiscal environment and in consideration of the impact of the number of high priority Department teacher and school leadership reform initiatives.

 

 

REGENTS COMMITTEE ON PROFESSIONAL PRACTICE

Your Professional Practice Committee held its scheduled meeting on May 17, 2010.   All Committee members were present for the public session.   Chancellor Merryl H. Tisch and Vice Chancellor Milton L. Cofield were excused from the executive session.  Regent Wade S. Norwood was also present for both sessions, 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 4 cases.  In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 26 consent order applications and 8 surrender applications be granted. 

              These recommendations are made following the review of 38 cases involving seven registered professional nurses, five licensed practical nurses, four licensed practical nurses who are also registered professional nurses, three massage therapists, two certified public accountants, two professional engineers, two veterinarians, one architect, one chiropractor, one dentist, one dental hygienist, one licensed clinical social worker, one pharmacist, one podiatrist, one psychologist, and one speech-language pathologist.  [PPC EXS (A) 1-3]

Restoration Petitions

              Voted, that the Board of Regents deny the application of Major Beardsley for the restoration of his license to practice as a registered nurse and a licensed practical nurse in the State of New York.  [PPC EXS (A) 5]

MOTION FOR ACTION BY FULL BOARD

              Madam Chancellor and Colleagues:  Your Professional Practice Committee recommends, and we move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on May 17, 2010, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

One application for restoration of a professional license was tabled until next month.

              Your Committee discussed several topics of interest, including:

  • Deputy Commissioner’s Report/Update – The Deputy Commissioner reported on the following issues:
  • International medical schools – workgroup on oversight and evaluation being convened.
  • Social Work/Mental Health Practitioner legislation – progress of legislation relating to impending expiration of exemption from licensure and to the authorization of existing providers to continue to provide services.
  • Update on Pending Legislation, which will continue next month, including:
    • Elimination of licensure requirements relating to citizenship.
    • Elimination of requirement that nurse practitioners have a collaboration agreement with a physician.

 

  • Nursing Education for Licensure – This discussion is needed to provide guidance about SED’s position on a legislative proposal that would increase the standards for an RN license from the Associate’s degree to a BS. The discussion included:
    • Trends in nursing education over the past 50 years.
    • The proposal to require RN’s to obtain a BS degree within 10 years following licensure.
    • We have asked that the discussion continue next month so that the proposal from the nursing community is better understood and we are able to address items of concern.

 

STRATEGIC PLANNING WORK GROUP

Your Standards Work Group held its scheduled meeting on May 17, 2010.  All Work Group members were present, except for Regents Brooks Hopkins and Young, who were excused.

MATTERS NOT REQUIRING BOARD ACTION

Update:  Structuring the State Education Department to Support Success – the Strategic Planning Work Group discussed the work underway to support the restructuring plan and steps taken since the last discussion in March.   The Work Group discussed both phases of the restructuring and timelines for their implementation.

Merging the Offices of P-12 Education and Special Education – This transition is set to take place over the Spring and be completed by July 1, 2010 (it includes the integration of Workforce Development, Adult Education and VESID).

Restructuring the Office of P-12 Education – This transition is set to be operational by July 1, 2010 – before the start of the new school year. 

In June, the Strategic Planning Work Group will discuss a more detailed report and set of proposals on organizational and financial strategic planning to support and advance the Regents reform agenda.  [SP (D) 1]

 

Appendix I

NEW YORK STATE BOARD OF REGENTS CHARTER ACTIONS

CULTURAL EDUCATION

 

AMENDMENT OF CHARTERS

DANSVILLE PUBLIC LIBRARY

Dansville, Livingston County

A provisional charter was granted to this corporation on December 13, 1893 to operate a library.  Such provisional charter was made absolute by Regents action on September 3, 1940 and amended on June 9, 1998.  The board of trustees has applied for an amendment to the absolute charter to designate the library’s service area to be the Dansville Central School District.  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

FALLSBURG LIBRARY

South Fallsburg, Sullivan County

A provisional charter was granted to this corporation on December 15, 2000 to operate a library.  Such provisional charter was made absolute by Regents action on May 18, 2004.  The board of trustees has applied for an amendment to the provisional charter to specify the number of trustees to be not less than five nor more than fifteen and restate the language in paragraph three regarding vacancies.  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

FENTON FREE LIBRARY

Fenton, Broome County

A provisional charter was granted to this corporation on January 26, 1961 to operate a library.  Such provisional charter was extended by Regents action on May 27, 1966 and March 20, 1970, and made absolute on May 24, 1974.  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 Fenton, to change the length of the term of office of members of the Board of Trustees from five year to three years, 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.

GLOVERSVILLE PUBLIC LIBRARY

Gloversville, Fulton County

An absolute charter was granted to this corporation on July 21, 2005 to operate a library.  The board of trustees has applied for an amendment to the absolute charter to specify the number of trustees to be not less than seven nor more than fifteen.  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

PULTNEYVILLE HISTORICAL SOCIETY

Pultneyville, Wayne County

A provisional charter was granted to this corporation on January 27, 1971.  Such provisional charter was made absolute on February 20, 1975 and amended on September 15, 2000.  The board of trustees has applied for an amendment to the absolute charter to change the corporate name to “Williamson-Pultneyville Historical Society.”  The Office of Cultural Education recommends that the absolute charter be amended as requested.

PROVISIONAL CHARTER

THE ASSOCIATION FOR A BUFFALO PRESIDENTIAL CENTER

Buffalo, Erie County

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

EXTENSION OF CHARTER

CLARKSVILLE HISTORICAL SOCIETY

Clarksville, Albany County

A provisional charter was granted to this corporation on November 5, 2004 to operate a historical society.  The board of trustees has applied for an extension of the provisional charter.  The Office of Cultural Education recommends that the provisional charter be extended for a period of five years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

DISSOLUTION OF CHARTER

EAST FISHKILL COMMUNITY LIBRARY

East Fishkill, Dutchess County

A provisional charter was granted to this corporation on July 29, 1938 under the corporate name “Fishkill Plains Free Community Library” to operate a library.  Such provisional charter was extended most recently on March 23, 1956.  Such provisional charter was made absolute on December 1958 and amended on March 25, 1983 to change the corporate name to “East Fishkill Community Library” and further amended on September 9, 2005.  The board of trustees has petitioned the Board of Regents for dissolution because the corporation is no longer in operation and the transfer of the library’s assets to the East Fishkill Public Library.  The Office of Cultural Education recommends that the absolute charter be dissolved as requested and that approval be granted for the transfer of the assets to the East Fishkill Public Library.

CERTIFICATE OF INCORPORATION

ORDER OF THE ANCIENT AND HONORABLE HUNTINGTON MILITIA

Huntington Station, Suffolk County

The board of trustees has petitioned the Board of Regents to form a corporation to constitute a living history reenactment unit and will not establish or maintain a museum or historical society, nor own or hold collections. The Office of Cultural Education recommends that a certificate of incorporation be issued.

AMENDMENT OF CERTIFICATION OF INCORPORATION

UPSTATE HISTORY ALLIANCE

Oneonta, Otsego County

A certificate of incorporation was granted to this corporation on February 22, 1973 under the corporate name “Regional Conference of Historical Agencies,” to operate a history alliance. Such incorporation amended its certificate on March 17, 1995 to change the corporate name to “Regional Council of Historical Agencies,” and again on February 6, 2001 to change the corporate name to “Upstate History Alliance.”  The board of trustees has applied for an amendment to the certificate of incorporation to change the corporate name to “”Museumwise,” and to change its corporate purposes.  The Office of Cultural Education recommends that the certificate of incorporation be amended accordingly.

 

ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

AMENDMENT OF CHARTERS

BIG APPLE EDUCATIONAL CENTER

Brooklyn, Kings County

A provisional charter was granted to this corporation on September 17, 1999 to operate a nursery school, kindergarten, and grade one through six elementary school. Such provisional charter was amended and extended on November 9, 2001; amended on April 23, 2002 to add authority to operate grades seven and eight, amended on January 12, 2004; and amended and made absolute on July 21, 2005. The board of trustees has applied for an amendment to the absolute charter to add authority to operate a grade 9 - 12 secondary school.  The Office of Nonpublic School Services recommends that the absolute charter be amended accordingly.

SAN MIGUEL ACADEMY OF NEWBURGH

Newburgh, Orange County

A provisional charter was granted to this corporation on March 21, 2006 to operate a middle school.  Such provisional charter was extended on June 22, 2009.  The board of trustees has petitioned for an amendment of the provisional charter to add authority for the corporation to provide support in the form of academic, financial and other assistance to its graduates in their pursuit of secondary and/or higher education at other institutions.  The Office of Nonpublic School Services recommends that the provisional charter be amended accordingly.

PROVISIONAL CHARTER

RAVEN’S ELEMENTARY SCHOOL

Brooklyn, Kings County

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

EXTENSION OF CHARTERS

BEIT RABBAN DAY SCHOOL

New York, New York County

A provisional charter was granted to this corporation on July 24, 1992 to operate a nursery school, kindergarten and a grade one through eight elementary school.  Such provisional charter was amended and extended on several occasions with the most recent being an extension on March 19, 2002.  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.

BROOKLYN JESUIT PREP

Brooklyn, Kings County

A provisional charter was granted to this corporation on July 17, 2003 to operate a grade five through eight school.  Such provisional charter was extended on October 23, 2006.  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.

 

Appendix II

REGENTS ACTIONS IN 38 PROFESSIONAL DISCIPLINE CASES

AND 1 RESTORATION PETITION

May 17, 2010

The Board of Regents announced decisions involving fifteen professions resulting in the revocation of 1 license, surrender of 8 licenses, 28 other disciplinary actions, and 1 reconsideration application.  The penalty indicated for each matter relates solely to the misconduct set forth in that particular matter.  In addition, the Board acted upon 1 restoration petition.

 

I. REVOCATIONS AND SURRENDERS

 

Dentistry

Donna Altmann Campanella; Dental Hygienist; Webster, NY 14580; Lic. No. 010031; Cal. No. 25030; Application to surrender license granted.  Summary: Licensee admitted to the charge of failing to complete mandatory continuing education credits.  

Engineering and Land Surveying

John Mikuszewski; Professional Engineer; Forest Hills, NY 11375-2701; Lic. No. 051885; Cal. No. 25031; Application to surrender license granted.  Summary: Licensee admitted to the charge of having been convicted of Conspiracy to Make Unlawful Labor Payments and Commit Mail Fraud, a felony.

Massage Therapy

Mark E. Boice; Weedsport, NY 13166; Lic. No. 012631; Cal. No. 25023; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted of Unlawful Surveillance in the 2nd Degree.

Nursing

Tina Marie Ganschow; Licensed Practical Nurse; Springville, NY 14141; Lic. No. 261679; Cal. No. 24477; Application to surrender license granted. Summary: Licensee did not contest charges of committing medication errors and of having been convicted of altering postal money orders.

Kevin Nowell; Licensed Practical Nurse; Malone, NY 12953-0020; Lic. No. 233768; Cal. No. 25010; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted of Rape in the 1st Degree.

Pharmacy

Abu Mahammad Fazlul Kabir; Muttontown, NY 11545; Lic. No. 035063; Cal. No. 24986; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted of Grand Larceny in the 3rd Degree, a class D felony.

Podiatry

Michael L. Akyuz; Rochester, NY 14606; Lic. No. 005241; Cal. No. 25082; Application to surrender license granted. Summary: Licensee admitted to the charge of submitting false insurance vouchers for treatment to Medicare and Excellus. 

Public Accountancy

Martin Seeley Nowak, Jr., Certified Public Accountant; Middletown, NY 10940; Lic. No. 055023; Cal. No. 24980; Application to surrender license granted.  Summary: Licensee admitted to the charge of having been convicted of Attempted Grand Larceny in the 4th Degree.

Veterinary Medicine

Roy Sadovsky; Veterinarian; Greenwich, CT 06830; Lic. No. 002994; Cal. No. 21527; Summary: Licensee admitted to the charge of submitting false insurance vouchers for treatment to Medicare and Excellus. Found guilty of professional misconduct; Penalty: Revocation.

 

II. OTHER REGENTS DISCIPLINARY ACTIONS

Architecture

Emily Ng Lin; Kew Gardens, NY 11418; Lic. No. 022512; Cal. No. 24854; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,000 fine.

Chiropractic

Glenn Richard Kelly; Ashburn, VA 20147; Lic. No. 009320; Cal. No. 24921; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for no less than 18 months and until fit to practice, upon termination of suspension, 2 years probation to commence upon return to practice in State of New York; Order to supersede Deputy Commissioner Order No. 21863.

Dentistry

Allison Dorothy Napoli; Dentist; Huntington, NY 11743-2557; Lic. No. 049882; Cal. No. 24686; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,000 fine.

Engineering and Land Surveying

Tore E. Hansen; Professional Engineer; Boca Raton, FL 33432-3715; Lic. No. 047155; Cal. No. 24932; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $5,000 fine.

Massage Therapy

Kelly Ann Calabrese; Raleigh, NC 27609; Lic. No. 015637; Cal. No. 24577; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation to commence when and if return to practice in State of New York, $1,500 fine payable within 5 months.

Rebecca Stade Lorang; Owego, NY 13827; Lic. No. 020517; Cal. No. 24920; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for no less than 6 months and until fit to practice, upon termination of suspension, 2 years probation, $500 fine payable within 6 months.

Nursing

Denise Elizabeth Krapf; Registered Professional Nurse; Craryville, NY 12521; Lic. No. 460757; Cal. No. 23550; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation.

Colleen Irene Petrie; Licensed Practical Nurse; Caroga Lake, NY 12032; Lic. No. 150371; Cal. No. 24612; Found guilty of professional misconduct; Penalty: 2 year suspension, execution of suspension stayed.

Sheryl E. Dixon; Licensed Practical Nurse; Far Rockaway, NY 11691; Lic. No. 272241; Cal. No. 24802; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for not less than 1 month and until fit to practice, upon termination of suspension, 2 years probation to commence if and when return to practice.

Dino Frances Nuzzi; Licensed Practical Nurse; Coram, NY 11727; Lic. No. 261025; Cal. No. 24844; Application for consent order granted; Penalty agreed upon: 4 month actual suspension to commence August 1, 2010 and to terminate November 30, 2010, 20 month stayed suspension, 2 years probation.

Elizabeth Lucille Sharlow; Licensed Practical Nurse, Registered Professional Nurse; Plattsburgh, NY 12901; Lic. Nos. 268461, 541207; Cal. Nos. 24870, 24871; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $1,000 fine.

William Douglas Vannice; Licensed Practical Nurse, Registered Professional Nurse; New York, NY 10019; Lic. Nos. 206106, 427004, Cal. Nos. 24922, 24923; 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 90 days.

Catherine E. Constantinou; Registered Professional Nurse; Oyster Bay, NY 11771; Lic. No. 538494; Cal. No. 24929; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for not less than 1 year and until fit to practice, upon termination of suspension, 3 years probation to commence if and when return to practice, $1,500 fine payable within 9 months; Order to supersede Associate Commissioner Order No. 24243.

Colleen M. Pepper; Registered Professional Nurse; Rochester, NY 14616; Lic. No. 604657; Cal. No. 24937; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

Heather A. Colarusso-Kosinski; Licensed Practical Nurse, Registered Professional Nurse; Williamsville, NY 14221; Lic. Nos. 169506, 375326; Cal. Nos. 24943, 24944; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Carmen R. Guity; Licensed Practical Nurse, Registered Professional Nurse; Bronx, NY 10466; Lic. Nos. 263923, 545297; Cal. Nos. 24963, 24964; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $1,000 fine.

Fritza Rose Charles; Registered Professional Nurse; Wheatley Heights, NY 11798-2128; Lic. No. 548398; Cal. No. 24984; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $1,000 fine.

Amy L. Stone; Registered Professional Nurse; Rochester, NY 14624; Lic. No. 337296; Cal. No. 24985; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation to be tolled until return to practice, $500 fine payable within 1 year.

Anne T. Riley; Registered Professional Nurse; Amsterdam, NY 12010; Lic. No. 282109; Cal. No. 25015; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Psychology

Maria Magdalena Sanchez a/k/a Magdalena Sanchez; New York, NY 10069-0805; Lic. No. 016263; Cal. No. 24636; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for not less than 1 year and until fit to practice, upon termination of suspension, 2 years probation to commence if and when return to practice.

Public Accountancy

Roy Hoffmann; Certified Public Accountant; Woodmere, NY 11598; Lic. No. 080239; Cal. No. 24935; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $2,500 fine.

Social Work

Bonnie E. Hallett; Licensed Clinical Social Worker; Wellsville, NY 14895; Lic. No. 045218; Cal. No. 24207; 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 6 months.

Speech-Language Pathology and Audiology

Heather Dawn Geel; Speech-Language Pathologist; Loudonville, NY 12211; Lic. No. 013381; Cal. No. 24781; Found guilty of professional misconduct; Penalty: 2 year suspension, execution of last year of suspension stayed, concurrent probation 2 years, $1,000 fine.

Veterinary Medicine

Scott S. Blond; Veterinarian; Wyoming, NY 14591; Lic. No. 004517; Cal. No. 24677; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $2,500 fine.

III. RESTORATIONS

The Board of Regents voted on May 17, 2010 to deny the petition for restoration of the licensed practical nurse license and of the registered professional nurse license of Major Beardsley, Elba, NY 14058. Mr. Beardsley’s licenses were originally surrendered March 19, 2002.

 

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