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SUMMARY OF THE JUNE MEETING

OF THE BOARD OF REGENTS

OF

THE UNIVERSITY OF THE STATE OF NEW YORK

Held at the State Education Building

Albany, New York

June 22 and 23, 2009

Anthony Lofrumento, Secretary

Board of Regents


THE BOARD OF REGENTS

              The Board of Regents of The University of the State of New York held public sessions on Monday, June 22 at 9:00 a.m. and on Tuesday, June 23 at 11:15 a.m. pursuant to a call duly sent to each Regent.

MEETING OF THE FULL BOARD, Monday, June 22, 9:00 a.m.

Board Members in Attendance:

 

Merryl H. Tisch, Chancellor

Milton L. Cofield, Vice Chancellor

Saul B. Cohen

James C. Dawson

Anthony S. Bottar

Robert M. Bennett

Geraldine D. Chapey

Harry Phillips, 3rd

James R. Tallon, Jr.

Roger Tilles

Charles R. Bendit

Betty A. Rosa

Lester W. Young, Jr.

Christine D. Cea

Wade S. Norwood

              Also present were the Commissioner of Education, Richard P. Mills, Interim Commissioner Carole Huxley, 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. 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, June 23 at 8:00 a.m. and Wednesday, July 15 at 10:00 a.m. for the purpose of discussing litigation and personnel matters.        

              Motion by:               Vice Chancellor Milton L. Cofield

              Seconded by:           Regent Geraldine D. Chapey

              Action:                     Motion carried unanimously

Charter Applications for June 2009

BR (A) 1

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

              Motion by:               Chancellor Emeritus Robert M. Bennett

              Seconded by:           Regent James C. Dawson

              Action:                     Motion carried unanimously 

Summary of the May 2009 Meeting

BR (A) 2

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

              Motion by:               Chancellor Emeritus Robert M. Bennett  

              Seconded by:           Regent James C. Dawson

              Action:                     Motion carried unanimously

June 2009 Regulatory Agenda

BR (A) 3

              MOVED, that the Regents approve the June 2009 Regulatory Agenda for the State Education Department as submitted.

               Motion by:              Chancellor Emeritus Robert M. Bennett 

              Seconded by:           Regent James C. Dawson

              Action:                     Motion carried unanimously

State Education Department May 2009 Fiscal Report

BR (A) 4

                      

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

              Motion by:               Regent Saul B. Cohen

              Seconded by:           Regent James C. Dawson

              Action:                     Motion carried unanimously

INFORMATION ITEMS

Race to the Top

Oral

              Chancellor Merryl H. Tisch and Regent Lester W. Young provided updates on actives related to New York State Race to the Top application planning and strategy.

Graduation Rates

Oral

              Commissioner Mills provided a detailed overview of graduation rate data.

             

Commissioner’s Report to the Board

Oral

              The Commissioners Report was shared with the Board.

              Full Board adjourned at 9:50 a.m.

 

MEETING OF THE FULL BOARD, Tuesday, June 23, 11:15 a.m.

Board Members in Attendance:

 

Merryl H. Tisch, Chancellor

Milton L. Cofield, Vice Chancellor

Robert M. Bennett, Chancellor Emeritus

James C. Dawson

Anthony S. Bottar

Geraldine D. Chapey

Harry Phillips, 3rd

James R. Tallon, Jr.

Roger Tilles

Karen Brooks Hopkins

Betty A. Rosa

Lester W. Young, Jr.

Christine D. Cea

Wade S. Norwood

              Also present were the Commissioner of Education, Richard P. Mills, Interim Commissioner Carole Huxley, Acting Counsel and Deputy Commissioner for Legal Affairs, Erin O’Grady-Parent, and the Secretary, Board of Regents, Anthony Lofrumento.  Regents Saul B. Cohen, Joseph E. Bowman, Jr. and Charles R. Bendit were absent and excused.

              Chancellor Merryl H. Tisch called the meeting to order at 11:15 a.m.

ACTION ITEMS

Appointment of Erin M. O’Grady-Parent as Acting Counsel and Deputy Commissioner for Legal Affairs

BR (A) 5

              MOVED, that the Board of Regents accept the appointment  of Erin M. O’Grady-Parent as Acting Counsel and Deputy Commissioner for Legal Affairs, effective July 1, 2009.

              Motion by:               Vice Chancellor Milton L. Cofield     

              Seconded by:           Regent Anthony S. Bottar

              Action:                     Motion carried unanimously

Approval of Licensing Agreement for Commercialization of Patents for Biological Control of Zebra Mussels, and Assignment of a Co-Owner’s Rights to Certain Patents

BR (A) 6

              MOVED, that USNY enter into a License Agreement for commercialization of the patents, and that USNY’s fiscal agent be authorized to sign the License Agreement once negotiations are complete.

              Motion by:               Chancellor Merryl H. Tisch    

              Seconded by:           Regent James C. Dawson

              Action:                     Motion carried unanimously

 

              MOVED, that USNY accept assignment of the one-third undivided interest in U.S. Patent No. 6,194,194 B1 and Canadian Patent No. 2,225,436 owned by a co-owner, in return for a share of net revenues received by USNY pursuant to the commercialization License Agreement.

 

              Motion by:               Chancellor Merryl H. Tisch    

              Seconded by:           Regent James C. Dawson

              Action:                     Motion carried unanimously

              MOVED, the Theresa Savo as Fiscal Agent for the Board of Regents of USNY is authorized on behalf of USNY to enter into any agreements or contracts required to effect the License Agreement and the Assignment.

              Motion by:               Chancellor Merryl H. Tisch    

              Seconded by:           Regent James C. Dawson

              Action:                     Motion carried unanimously

Proposed Amendment of Section 175.5(f) of the Commissioner’s Regulations, Relating to the Use of Superintendents’ Conference Days

BR (CA) 1

             MOVED, that subdivision (f) of section 175.5 of the Regulations of the Commissioner of Education relating to the use of Superintendents’ conference days be amended, effective July 16, 2009. 

              Motion by:               Regent James R. Tallon, Jr.              

              Seconded by:           Regent Anthony S. Bottar

              Action:                     Motion carried unanimously

Petition of the Elmira 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 Elmira City School District in an amount not to exceed $835,000 for the acquisition of school buses, vans and station wagons and the issuance of such bonds and/or bond anticipation notes in excess of the constitutional debt limit of said school district.

              Motion by:               Regent James R. Tallon, Jr.              

              Seconded by:           Regent Anthony S. Bottar

              Action:                     Motion carried unanimously

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

BR (CA) 3

              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 Utica City School District in an amount not to exceed $187,600,000 for capital improvements consisting of additions to, and reconstruction of 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:               Regent James R. Tallon, Jr.              

              Seconded by:           Regent Anthony S. Bottar

              Action:                     Motion carried unanimously

Reappointments to the State Professional Standards and Practices Board for Teaching

BR (CA) 4

            MOVED, that the Board of Regents approve the following reappointments to the State Professional Standards and Practices Board for Teaching: Catalina R. Fortino (teacher member), Rosemary B. Harrigan (teacher member), Susan W. Mittler (teacher member), and Stephen J. Uebbing (higher education member) and that each be appointed to a four-year term beginning July 1, 2009 and ending June 30, 2013; and that Catalina R. Fortino (teacher member) be appointed to a two-year term as co-chair beginning July 1, 2009 and ending June 30, 2011.

              Motion by:              Regent Anthony S. Bottar      

              Seconded by:           Vice Chancellor Milton L. Cofield

              Action:                     Motion carried unanimously

New York School of Interior Design (NYSID): Master Plan Amendment to Award the Bachelor of Arts (B.A.) Degree in the History of the Interior and the Decorative Arts

BR (CA) 5

              MOVED, that the Board of Regents authorize New York School of Interior Design (NYSID) to offer the History of the Interior and the Decorative Arts program leading to a Bachelor of Arts (B.A.) degree.

              Motion by:               Regent Anthony S. Bottar      

              Seconded by:           Vice Chancellor Milton L. Cofield

              Action:                      Motion carried unanimously

Proposed Amendment to the Regulations of the Commissioner of Education Relating to the Federal Regulations that Implement the 2004 Reauthorization of the Individuals with Disabilities Education Act and Chapter 323 of the New York State Laws of 2008

BR (CA) 6

              MOVED, that the Board approve the adoption of the proposed amendments of sections 200.1, 200.2, 200.4, 200.5, 200.6, 200.9 and 200.15 of the Regulations of the Commissioner of Education, effective July 16, 2009, to conform the regulations to recent amendments to federal regulations (34 CFR Part 300) and to Chapter 323 of the Laws of 2008; and to make certain technical amendments."

           

              Motion by:               Regent Roger Tilles   

              Seconded by:           Regent James R. Tallon, Jr.

              Action:                     Motion carried unanimously

Emergency Amendment of Regents Rule 3.27 relating to Museum Collections Management Policies

BR (CA) 7

              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 July 17, 2009, as an emergency action to expire and be deemed repealed September 14, 2009, 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. 

              Motion by:               Regent James C. Dawson    

              Seconded by:           Regent James R. Tallon, Jr.

              Action:                     Motion carried unanimously

Proposed Amendment of the Regulations of the Commissioner of Education relating to Supplementary Certificates and Supplementary Bilingual Education Extensions for Certificates in the Classroom Teaching Service and Pupil Personnel Service

BR (CA) 8

              MOVED, that sections 80-2.9, 80-4.3 and 80-5.18 of the Regulations of the Commissioner of Education relating to Supplementary Certificates and Supplementary Bilingual Education Extensions for Certificates in the Classroom Teaching Service and Pupil Personnel Service be amended, effective July 16, 2009.

              Motion by:               Regent James R. Tallon, Jr.              

              Seconded by:           Regent Anthony S. Bottar

              Action:                     Motion carried unanimously

Proposed Amendment of the Regulations of the Commissioner of Education relating to the Processing of and Requirements for Teachers’ Certificates

BR (CA) 9

               MOVED, that sections 80-1.2, 80-1.6, 80-1.8 and 80-5.9 of the Regulations of the Commissioner of Education relating to the Processing of and Requirements for Teachers’ Certificates be amended, effective July 16, 2009. 

              Motion by:               Regent James R. Tallon        

              Seconded by:           Regent Anthony S. Bottar

              Action:                     Motion carried unanimously

Report of the Committee on the Professions Regarding Licensing Petitions

 BR (CA) 10

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

              Motion by:               Regent Anthony S. Bottar      

              Seconded by:           Vice Chancellor Milton L. Cofield

              Action:                     Motion carried unanimously

Appointments and Reappointments of Members to the State Boards for the Professions and a Reappointment of an Extended Member to the State Boards for the Professions for Service on Licensure Disciplinary and/or Licensure Restoration and Moral Character Panels

BR (CA) 11

              MOVED, that the Board of Regents approve the appointments and reappointments of members to the State boards for the professions. 

              Motion by:               Regent Anthony S. Bottar      

              Seconded by:           Vice Chancellor Milton L. Cofield

              Action:                      Motion carried unanimously

Appointment of Dr. Kimberly Gilmore to the Board of the Archives Partnership Trust

BR (CA) 12

              MOVED, that the Board approve the appointment of Dr. Kimberly Gilmore to the Board of the Archives Partnership Trust filling the Regents vacancy created by the resignation of Bernard Conners.  Dr. Gilmore will complete the balance of Mr. Conners’ term ending on December 15, 2011.

              Motion by:               Regent James C. Dawson    

              Seconded by:           Regent Roger Tilles

              Action:                     Motion carried unanimously

 

INFORMATION ITEM

Commissioner’s Summary

Oral

              Commissioner Richard P. Mills summarized the meeting, including among other topics: the strong graduation rate theme; the strategic use of joint meetings; strengthening significance of diplomas; critical importance of Race to the Top funds and activities; etc.  Commissioner Mills concluded his last meeting summary with words of appreciation for the Board for the professional experience of a lifetime.

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 James C. Dawson

              Action:                     Motion carried unanimously

              Full Board adjourned at 11:50 a.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 June 23, 2009. Members of the Subcommittee in attendance were Regent Chapey and Vice Chancellor Cofield. Regents Bendit, Cea, Norwood, and Phillips also attended.

Items for Discussion

Chair’s Remarks:  Regent Chapey welcomed everyone and opened the meeting by describing the significance of yesterday’s joint meeting of the Subcommittee’s on Audit and State Aid. The meeting was significant in that it resulted in a more comprehensive study of information initially presented in the Audit Subcommittee. The presentation was valuable in assessing the extent of the linkage between fiscal and academic performance and generated discussion among the Regents in attendance.

Follow-up on the Audits

Staff briefed the Subcommittee on legislation that was passed related to school districts’ use of Employee Benefit Accrued Liability Reserve (EBALR). Legislation has been enacted which directs the Comptroller’s Office to review all of the EBALR reserves by the end of the 2011-12 school year and determine the amount of funds in the reserve, the amount of the district’s liability, and if it exists, the amount of reserve funds in excess of the liability.

Office of Audit Services 2009-2011 Audit Plan

Staff briefed the Subcommittee on proposed topics for inclusion in the Audit Plan which will guide the work of the audit unit from July 1, 2009 through June 30, 2011. We were briefed on each of the proposed topics. The proposed topics include both external and internal audits. The proposed topics for external audits include: data related to the generation of school district State Aid; data related to documentation and calculation of district cohort; dropout and graduation rates; the use of IDEA funds by the New York City Department of Education; and use of Local Government Management Funds. Proposed internal audits include: Department procurement practices, the internal control review and assessment process, sub-recipient monitoring as it related to grants administration, the Section 211 waiver process, and methods used to allocate Information Technology costs across the Department.  In addition, the Department is committed to committing some audit resources to both Department processes for administering ARRA funds and the use of the funds and reliability of data at the sub- recipient level.

During the presentation the Regents discussed the various types of audits and the extent of audit coverage provided by the Department’s Office of Audit Services, the Office of the State Comptroller, and others. Staff will brief the Subcommittee on those issues at the next meeting.

Presentation of Audits

Thirty-six audits were presented to the Subcommittee this month. They were all reviewed by the Department’s Internal Audit Workgroup and 11 were identified for further review and follow-up. The findings were in the areas of procurement, budgeting, financial reporting, payroll, information technology, claims processing, cash, reserve funds, fuel inventories, and equipment inventories.

 

COMMITTEE ON CULTURAL EDUCATION

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

Your Committee on Cultural Education had its scheduled meeting on June 22, 2009.  In attendance were Committee members: Regents Dawson, Brooks Hopkins, and Phillips.

Also in attendance were Regents: Bendit, Cea, Chapey, Chancellor Emeritus Bennett, Norwood, Rosa and Tallon

Absent: Regents Bowman and Tilles.

Chair’s Remarks: Regent Dawson greeted everyone and opened the meeting introducing Alan J. Friedman, Consultant, Museum Development and Science Communication and former President of the New York Hall of Science.

CE (D) 1 Helping Students Graduate: A Conversation with Alan J. Friedman

Dr. Friedman addressed the Committee regarding how education activities in museums and other cultural institutions can engage students and help them meet the challenge to graduate from high school on time and be ready for higher education or a career.  Dr. Friedman provided background information as well as an in-depth report that student exposure to cultural institutions raises personal expectations, helps to close gaps in student performance and increases graduation rates.  Dr. Friedman referred to supporting documentation that is available including statistics, data, and longevity studies that have been conducted.  Resource materials and web links for further information was previously provided to Board members.

The presentation was followed by a brief discussion and questions and answers.

 

REGENTS COMMITTEE ON ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

Your EMSC Committee held its scheduled meeting on June 23, 2009.  All Committee members were present except for Regents Saul Cohen, Joseph Bowman and Roger Tilles, who were excused.

ACTION ITEMS

Physical Education, Coaching Requirements and Extension of Eligibility for Interscholastic Athletics

           Your Committee recommends the Board of Regents amend subparagraph (i) of paragraph (2) of subdivision (c) and paragraph (7) of subdivision (c) of section 135.4 of the Regulations of the Commissioner of Education relating to Physical Education, Coaching Requirements and Extension of Eligibility for Interscholastic Athletics, effective July 16, 2009.  [EMSC (A) 3]

Charter Schools

Your Committee recommends that the Board of Regents approves and issues the charter of the Albany Leadership Charter High School for Girls as proposed by the Trustees of the State University of New York, and issues a provisional charter to it for a term of five years.    [EMSC (A) 1]

Your Committee recommends that the Board of Regents approves and issues the second renewal charter of the Harlem Children’s Zone Promise 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 of five years up through and including August 10, 2014.   [EMSC (A) 2]

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 June 23, 2009, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

Charter School Review Process – In recent months, the Chancellor and the Board of Regents have made recommendations to streamline the way the Department processes charter schools.  Staff will come back in the fall with suggestions relating to simplifying the process, possible legislative changes and policy questions for the Board to consider as we move forward.

Incarcerated Youth – Senator Velmanette Montgomery and Assemblyman William Scarborough talked with the Committee to request that a roundtable discussion be scheduled in September that will focus on issues related to the education of children in Office of Children and Family Services (OCFS) facilities around the state.  Suggestions were made that the Department of Health, the Office of Mental Health, Family Court, school leaders and other stakeholders be part of this roundtable discussion.  Staff will work with OCFS and the Legislators to arrange this meeting.

 

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

Your EMSC and Higher Education Committees held a joint meeting on June 22, 2009.  All Committee members were present, except for Regent Joseph Bowman, who was excused.

 

MATTERS NOT REQUIRING BOARD ACTION

Progress made to Create a Cohesive School Leadership System for New York State –Committee members discussed the Department’s progress in creating a statewide system for professional development for school leaders. The Rochester City School District, with the support of the Wallace Foundation, is the first urban area in New York State to introduce and implement this model using professional development strategies to prepare school leaders in urban settings.  Dr. Sam Walton, Dean of Executive Education Programs at St. Johns Fisher College and Superintendent Jean-Claude Brizard of the Rochester City School District provided updates on work underway on the Rochester program, which will begin this July.  [EMSC/HE (D) 1]

Teachers of the Arts – Due to time constraints, an update on a recent meeting held at the Brooklyn Academy of Music (BAM) with teachers of the arts has been deferred to the next meeting of the Board.

 

JOINT MEETING OF REGENTS COMMITTEE ON ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION AND REGENTS COMMITTEE ON HIGHER EDUCATION AND VOCATIONAL AND EDUCATIONAL SERVICES FOR INDIVIDUALS WITH DISABILITIES

Your EMSC, Higher Education and VESID Committees held a joint meeting on June 22, 2009.  All Committee members were present, except for Regent Joseph Bowman, who was excused.

MATTERS NOT REQUIRING BOARD ACTION

Grades 3-8 Testing – The Regents continued their policy discussion regarding changes to the scheduling of the Grades 3-8 mathematics and English Language Arts examinations.  Senior Deputy Commissioner Johanna Duncan-Poitier discussed input from the field on two surveys that were conducted and discussions with education groups.  The Regents endorsed changing the testing schedule so that both the math and ELA examinations are given in May beginning in the 2009-10 school year.

Policy Issues Concerning Graduation Rates – Part I:  Establishing a Graduation Rate and Annual Targets for Accountability – The Regents continued their discussion on policy issues and key policy questions concerning the graduation rate.  The Regents discussed the most recent graduation rate data, trend data and information on New York State’s performance under the current accountability graduation rate goal.  The Regents requested that a list of additional policy questions be prepared for their consideration over the next several months as well as timelines for submission of information to USDOE.   The Regents also asked for additional data to help inform the policy decisions they will need to make over the next several months.  [EMSC/HE/VESID (D) 1]

                                          REGENTS COMMITTEE ON PROFESSIONAL PRACTICE

Your Professional Practice Committee held its scheduled meeting on June 23, 2009.  All Committee members were present, except Regent Saul B. Cohen, who was excused from the Executive Session and Public Session.  Regent Christine D. Cea was also present, but did not vote on any case or action. 

  ACTION ITEMS

Professional Discipline Cases

              Your Committee recommends that the reports of the Regents Review Committees, including rulings, findings of fact, determinations as to guilt, and recommendations, by unanimous or majority vote, contained in those reports which have been distributed to you, be accepted in 4 cases.  In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 50 consent order applications and 4 surrender applications be granted, and further recommends that 1 summary suspension application be granted.  [PPC EXS (A) 1-3]

              These recommendations are made following the review of 59 cases involving twelve licensed practical nurses, nine registered professional nurses, eight licensed practical nurses who are also registered professional nurses, five pharmacists, two certified public accountants, two dentists, two pharmacies, two professional engineers, one architect, one chiropractor, one licensed clinical social worker, one licensed master social worker, one massage therapist, one occupational therapist, one respiratory therapy technician, one speech-language pathologist, and one veterinarian.

Restoration Petitions

Voted, that the Board of Regents deny the petition of John Frank Ingrassia for restoration of his license to practice as a registered professional nurse in the State of New York.  [PPC EXS (A) 4]

Voted, that the order of revocation of John H. Fancher’s license to practice as a physician in New York State be stayed; that he be placed on probation for a period of five years, at the beginning of which he must complete a clinical competency assessment followed by a retraining program as described in the Terms of Probation of the Board of Regents. Until the Director of the Office of Professional Medical Conduct determines that he has satisfactorily completed the retraining program, Dr. Fancher may practice medicine only in accordance with the parameters established and approved for the retraining program. Once the retraining program has been satisfactorily completed, Dr. Fancher would continue on probation under the Terms of Probation of the Board of Regents. It is further provided that the period of probation shall be tolled during periods in which applicant is not engaged in the active practice of medicine in New York State, that applicant shall notify the Director of the Office of Professional Medical Conduct, in writing, if applicant is not currently engaged in or intends to leave the active practice of medicine in New York State for a period of thirty (30) consecutive days or more, and that applicant shall then notify the Director again prior to any change in that status; and that, upon satisfactory completion of the probationary period, his license be fully restored.  [PPC EXS (A) 5]

Action Items

Voted, that paragraphs (13) and (14) of subdivision (a) and subdivisions (h) and (i) of section 29.10 of the Rules of the Board of Regents be added; that paragraph (1) of subdivision (b) of section 52.13 of the Regulations of the Commissioner of Education be amended; and that sections 70.1 through 70.7 of the Regulations of the Commissioner of Education be repealed and new sections 70.1 through 70.9 be added, as submitted, effective July 26, 2009, as an emergency action upon a finding by the Board of Regents that such action is necessary to preserve the general welfare in order to timely implement the provisions of Chapter 651 of the Laws of 2008 relating to the scope of practice, licensure requirements, and definition of unprofessional conduct for certified public accountants and public accountants.  [PPC (A) 1]

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 June 23, 2009, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

              Your Committee discussed several topics of interest, including:

  • Associate Commissioner’s Report – The Associate Commissioner provided an update on the end of session Professions-related legislation including social work and the mental health professions; OP budget and staffing; and technology.  [Oral Report]

 

VOCATIONAL AND EDUCATIONAL SERVICES FOR INDIVIDUALS WITH DISABILITIES

Your VESID Committee held its scheduled meeting on June 22, 2009.   All members were present with the exception of Regent Bowman who was excused.  Chancellor Emeritus Bennett, Regents Brooks Hopkins, Tallon, Young, Cea and Norwood also attended.                                     

MATTERS NOT REQUIRING BOARD ACTION

         Deputy Commissioner Cort provided data results on the performance of students with disabilities with respect to classification rates, public and private special education placements, grades 3-8 ELA, grades 3-8 math, total cohort results for students with disabilities, participation of individuals with disabilities in institutions of higher education and selected special education issues from the State Performance Plan (suspensions and transition planning).  While progress continues to be made, performance still falls far below that of non-disabled students and is especially poor for students with disabilities who are also English Language Learners.

         Staff also provided information on the restructuring of special education regional technical assistance centers and discussed the technical assistance being provided to assist school districts in improving their instructional practices (e.g., behavior specialists, transition specialist and special education school improvement specialists).  This new regional structure will serve as a model to build on during the PMO discussions on a unified P-12 school improvement network.

Appendix I

NEW YORK STATE BOARD OF REGENTS CHARTER ACTION

CULTURAL EDUCATION

AMENDMENT OF CHARTERS

CATTARAUGUS FREE LIBRARY

Cattaraugus, Cattaraugus County

A provisional charter was granted to this corporation by action of the Board of Regents on March 25, 1926 to operate a library.  Such provisional charter was extended by Regents action on September 19, 1941, December 20, 1946 and made absolute on February 16, 1951.  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 New Albion, 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.

DELEVAN-YORKSHIRE PUBLIC LIBRARY

Delevan, Cattaraugus County

A provisional charter was granted to this corporation by action of the Board of Regents on June 28, 1974 to operate a library.  Such provisional charter was made absolute by Regents action on April 23, 1982.  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, 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.

FLOYD MEMORIAL LIBRARY

Greenport, Suffolk County

A provisional charter was granted to this corporation by action of the Board of Regents under the corporate name “Greenport Library” on December 21, 1907 to operate a library.  Such provisional charter was made absolute by Regents action on May 2, 1912 and amended on June 6, 1918 to change the corporate name to “Floyd Memorial Library.”  The board of trustees has applied for an amendment to the absolute charter to designate the library’s service area as the Greenport Union Free School District and the Oysterponds Union Free School District.   The Office of Cultural Education recommends that the absolute charter be amended accordingly.

JOHN JERMAIN MEMORIAL LIBRARY

Sag Harbor, Suffolk County

An absolute charter in the first instance was granted to this corporation by action of the Board of Regents on May 24, 1957 to operate a library.  The board of trustees has applied for an amendment to the absolute charter to designate the library’s service area as the Sag Harbor Union Free School District, to change the term of office of members of the board of trustees from seven years to three years, and to change the method of selection of trustees from a board vote to a public vote.  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

KING MEMORIAL LIBRARY

Machias, Cattaraugua County

A provisional charter was granted to this corporation by action of the Board of Regents on July 31, 1947 to operate a library.  Such provisional charter was extended by Regents action on July 25, 1952, April 25, 1958, September 27, 1963, October 28, 1966 and was made absolute by Regents action on September 24, 1971.  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 Machias, 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.

THE LANDMARK SOCIETY OF THE NIAGARA FRONTIER

Buffalo, Erie County

A provisional charter was granted to this corporation by action of the Board of Regents on September April 22, 1988 to advance knowledge throughout the Niagara Frontier pertaining to historical and architecturally significant site and structures. Such provisional charter was made absolute by Regents action on February 7, 1996.  The board of trustees has applied for an amendment to the absolute charter to change the corporate name to “Preservation Buffalo Niagara.”   The Office of Cultural Education recommends that the absolute charter be amended accordingly.

LODI WHITTIER LIBRARY

Lodi, Seneca County

A provisional charter was granted to this corporation by action of the Board of Regents on December 21, 1899 to operate a library.  Such provisional charter was made absolute by Regents action on May 2, 1912.  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 Lodi, 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.

LOUISE ADELIA READ MEMORIAL LIBRARY

Hancock, Delaware County

A provisional charter was granted to this corporation by action of the Board of Regents on June 25, 1954 to operate a library.  Such provisional charter extended on October 30, 1959, December 18, 1964 and was made absolute by Regents action on March 20, 1970.  The board of trustees has applied for an amendment to the absolute charter to designate the service area of the library to be the Hancock Central School District, 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.

MATTITUCK-LAUREL LIBRARY

Mattituck, Suffolk County

A provisional charter was granted to this corporation by action of the Board of Regents under the corporate name “Mattituck Free Library” on June 29, 1903 to operate a library.  Such provisional charter was made absolute by Regents action on March 31, 1910 and amended on May 16, 1947 and on June 25, 1993 to include a name change to “Mattituck-Laurel Library.”  The board of trustees has applied for an amendment to the absolute charter to designate the library’s service area as the CDP of Mattituck and the CDP of Laurel (according to the 2000 U.S. Census).  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

MAYVILLE LIBRARY

Mayville, Chautaqua County

A provisional charter was granted to this corporation by action of the Board of Regents under the corporate name “Tuesday Club Library” on July 2, 1902 to operate a library.  Such provisional charter was made absolute by Regents action on December 13, 1906. Such absolute charter was amended by Regents action March 23, 1962 to change the corporate name to “Mayville Library” and further amended on January 17, 1990. 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 Chautaqua and 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.

RICHARDS LIBRARY

Cattaraugus, Cattaraugus County

An absolute charter in the first instance was granted to this corporation by action of the Board of Regents on July 1, 1901 to operate a library.  The board of trustees has applied for an amendment to the absolute charter to designate the service area of the library to be the Towns of Warrensburg and Thurman, 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.

SOUTH COUNTRY LIBRARY

Bellport, Suffolk County

A provisional charter was granted to this corporation by action of the Board of Regents under the corporate name “Bellport Memorial Library” on June 20, 1921 to operate a library.  Such provisional charter was extended by Regents action on various occasions and was made absolute on March 20, 1970.  Such absolute charter was amended by Regents action on July 23, 1985 to change the corporate name to “South Country Library” and last amended on September 17, 1999.  The board of trustees has applied for an amendment to the absolute charter to designate the library’s service area as the South Country Central School District.  Office of Cultural Education recommends that the absolute charter be amended accordingly.

WOODWARD MEMORIAL LIBRARY

LeRoy, Genesee County

An absolute charter in the first instance was granted to this corporation by action of the Board of Regents on April 25, 1958 to operate a library.  The board of trustees has applied for an amendment to the absolute charter to designate the service area of the library to be the LeRoy Central School District, to specify the number of trustees to be not less than five nor more than nine, 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.

PROVISIONAL CHARTERS

IRISH CULTURAL AND HISTORICAL SOCIETY OF THE MOHAWK VALLEY     

Utica, Oneida County

The board of trustees has petitioned the Board of Regents to form a corporation to collect, encourage, promote and disseminate a greater knowledge among the public of the Irish culture and heritage; to collect, own, hold, maintain, preserve, and make available to the public a collection of Irish art, music and literature; to arrange, create, maintain and promote appropriate Irish historical exhibits and displays; to bring together those people interested in Irish history, promote and support historical research and scholarship, sponsor and organize historical and cultural activities, programs and events for the public, and issue publications in any format; to encourage the suitable marking of places of Irish historic interest; and to establish and maintain an Irish historical research collection and archives.  The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

TOWN OF INDEPENDENCE HISTORICAL SOCIETY

Whitesville, Allegany County

The board of trustees has petitioned the Board of Regents to form a corporation to collect, encourage, promote and disseminate a greater knowledge among the public of the history of the State of New York and particularly the Town of Independence, County of Allegany and surrounding area; to collect, own, hold, maintain, preserve, and make available to the public a collection of items related to the historical record of the Town of Independence; to arrange, create, maintain and promote appropriate historical exhibits and displays; to establish and maintain an historical research collection and archives; to bring together those people interested in history, promote and support historical research and scholarship, sponsor and organize historical and cultural activities, programs and events for the public, and issue publications in any format; to encourage the suitable marking of places of historic interest; to acquire by purchase, gift, devise, or otherwise the title to or the custody and control of historic sites and structures, and preserve and maintain such sites and structures; to cooperate with the Andover Historical Society in projects and activities of mutual interest; to cooperate with the Allegany County historian, state officials and historical organizations to collect and preserve materials of countywide and statewide significance.  The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

EXTENSION OF CHARTER

THE BUFFALO TRANSPORTATION PIERCE-ARROW MUSEUM

Buffalo, Erie County

A provisional charter was granted to this corporation by action of the Board of Regents under the corporate name “The Buffalo Transportation Museum” on April 29, 1997.  Such provisional charter was amended to change the name to “The Buffalo Transportation Pierce-Arrow Museum” and, as so amended, was extended by Regents action on November 14, 2003.  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.

AMENDMENT OF CERTIFICATE OF INCORPORATION

PRESERVATION COALITION OF ERIE COUNTY

Buffalo, Erie County

A provisional charter was granted to this corporation by action of the Board of Regents on October 23, 1984 to encourage, assist and promote the preservation, protection and restoration of the built environment of Erie County.  Such provisional charter was replaced with a certificate of incorporation by Regents action on July 27, 1990.  The board of trustees has applied for an amendment to the certificate of incorporation to change the corporate name to “Preservation Coalition-Development” and to restate the corporate purposes in its entirety as follows: to sponsor and develop historic preservation projects, advocate for endangered buildings, receive and make grants, and operate a historic preservation revolving fund.  The Office of Cultural Education recommends that the certificate of incorporation be amended accordingly.

 

ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

ABSOLUTE CHARTERS

THE HANNAH SENESH COMMUNITY DAY SCHOOL

Brooklyn, Kings County

A provisional charter was granted to this corporation by action of the Board of Regents on April 24, 2001 to operate a grades one through eight elementary school.   Such provisional charter was extended by Regents action on December 17, 2004 and consolidated on the same date with The Committee to Form the Hannah Senesh School, Inc., a domestic not-for-profit corporation incorporated on November 21, 1997.  Such provisional charter was amended on June 24, 2008 to add authority to also operate a kindergarten for four and five year olds, and a before and/or after school care program, and to change the corporate address and, as so amended, was extended.  The board of trustees has applied for an absolute charter.   The Office of Nonpublic School Services recommends that the provisional charter be made absolute.

THE IDEAL SCHOOL OF MANHATTAN

New York City, New York County

A provisional charter was granted to this corporation by action of the Board of Regents on July 21, 2005 to operate a kindergarten and a grade one through five elementary school.  Such provisional charter was amended and extended by Regents action on May 23, 2006.  The board of trustees has applied for an amendment to the provisional charter to specify that the corporation will operate a pre-kindergarten, kindergarten and a grade one through eight elementary school and, as so amended, for an absolute charter.   The Office of Nonpublic School Services recommends that the provisional charter be amended accordingly and, as so amended, be made absolute.

WEST END DAY SCHOOL

New York City, New York County

A provisional charter was granted to this corporation by action of the Board of Regents on December 17, 2004 to operate a kindergarten for five year olds and a grades one through six elementary school, in both instances to serve children with social, emotional and/or learning disabilities.  The board of trustees has applied for an amendment to the provisional charter to restate the corporate purposes to specify that the corporation will operate an ungraded school for children with social, emotional and/or learning disabilities from three to fourteen years of age and as so amended, for an absolute charter.  The Office of Nonpublic School Services recommends that the provisional charter be amended accordingly and, as so amended, be made absolute.

AMENDMENT OF CHARTERS

MARY QUEEN OF ANGELS CATHOLIC SCHOOL

Cheektowaga, Erie County

A provisional charter was granted to this corporation by action of the Board of Regents on July 17, 2003 to operate a pre-K through grade eight school.  Such provisional charter was extended by Regents action on May 23, 2006.  The board of trustees has applied for an amendment to the provisional charter to provide that the corporation be an educational corporation with Members who shall consist of persons designated from time to time in the By-laws of the corporation either individually or in an ex-officio capacity; to reserve to the Members certain specified governance authority; to provide that the Members shall be ex-officio trustees; to specify the initial ex-officio trustees, to add new dissolution language defining the role of the members in this process, and to designate the Commissioner as the agent for service of process, and as so amended, be extended.  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.

THE NEW LIFE SCHOOL

Flushing, Queens County

A provisional charter was granted to this corporation by action of the Board of Regents on October 7, 2005 to operate a grades five through nine middle school to serve handicapped students identified through the “Defer to CBST” placement process for New York City school age children.  The board of trustees has applied for an amendment to the provisional charter to restate the corporate purposes as follows: to operate educational programs for school age children between the ages of five and twenty-one who are identified as disabled by the Committees on Special Education, for the New York City Department of Education.  The placement process is through the New York City Department of Education’s Central Based Support Team; to state that the corporation will operate programs at the following locations:  2125 Watson Avenue, Bronx, New York and 831 Eagle Avenue, Bronx, New York; to change the principal address of the corporation to 475 Riverside Drive, suite #1244, New York, New York 10115; to provide that the corporation be an educational corporation with Members who shall consist of those individuals who are from time to time members of the board of directors of Lutheran Social Services of Metropolitan New York, Inc. or any successor thereto; to specify that the members shall have power to adopt and amend by-laws, including provisions fixing the method of election, term of office and numbers of directors, and to amend the dissolution language to state that any of the remaining assets of the corporation shall be distributed to Lutheran Social Services of Metropolitan New York, Inc. or its successors or assigns and, as so amended, be extended.  The Office of Nonpublic School Services recommends that the provisional charter be amended accordingly and, as so amended, extended for a period of five years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

NORA CRONIN PRESENTATION ACADEMY

New Windsor, Orange County

A provisional charter was granted to this corporation by action of the Board of Regents on June 20, 2006 operate a grades five through eight school for girls.  The board of trustees has applied for an amendment to the provisional charter to change the corporate address to 120 South Street, Newburgh, New York 12550, Orange County and, as so amended, be extended.  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.

THE STAR PROGRAM

New York City, New York County

A provisional charter was granted to this corporation by action of the Board of Regents on June 9, 1998 to operate a school. Such provisional charter was extended by Regents action on December 20, 2001.  The Board of Trustees has applied for an amendment to the provisional charter to specify that the new corporate address is 460 West 34th Street, New York, New York 10001 and to restate the corporate purposes as follows:  to establish and maintain an elementary school offering special education and related services for children between the ages of five and twelve who evidence the characteristics of a Pervasive Developmental Disorder, including Asperger’s Disorder or Autistic Disorder, or who have other developmental or cognitive impairments affecting classroom performance, provided that no facility for such program shall be opened prior to submission to the State Education Department of a copy of an appropriate certificate of occupancy and proof that local fire officials have inspected the facility and found it to be in compliance with applicable fire codes; to develop and provide teaching strategies to address the needs of children whose classroom performance is adversely affected by such developmental disabilities as Asperger’s Disorder or Autistic Disorder or other developmental or cognitive impairments; and to encourage research and training relevant to the needs of children who evidence developmental disabilities including Asperger’s Disorder, Autistic Disorder or other Pervasive Developmental Disorders, and to disseminate information to the general public and to special educators concerning the education of such children; to provide guidance and support to families with children who have developmental disabilities; and to add restrictions regarding: (a) the use of professional titles or terms restricted under Education Law Title VIII, (b) the practice of professions under Title VIII, and (c) the provision of counseling.  The Office of Vocational and Educational Services for Individuals with Disabilities (VESID) has been provided with an opportunity to review this action and the trustees have been advised that the granting of any amendments thereof or extensions thereof does not constitute approval for state funding for programs and services under the jurisdiction of VESID.  The Office of Nonpublic School Services and the Office of Professions 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.

STEPHEN GAYNOR SCHOOL

New York City, New York County

A provisional charter was granted to this corporation by action of the Board of Regents on October 26, 1962 to operate a school.  Such provisional charter was amended by Regents action on November 20, 1964, September 24, 1965 and was amended and made absolute on May 24, 1968.   The board of trustees has applied for an amendment to the absolute charter to expand and restate the corporate purposes to read: to conduct an elementary and middle school for the instruction of children with learning disabilities and to further the emotional and intellectual growth of these children; to establish and maintain early childhood classes to encourage readiness for instruction for children between the ages of three and five; and to provide after school classes and recreational activities to support the instructional program; and to add restrictions regarding: (a) the use of professional titles or terms restricted under Education Law Title VIII, (b) the practice of professions under Title VIII, and (c) the provision of counseling, and to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3), as well as non-discrimination language.  The Office of Vocational and Educational Services for Individuals with Disabilities (VESID) has been provided with an opportunity to review this action and the trustees have been advised that the granting of any amendments thereof or extensions thereof does not constitute approval for state funding for programs and services under the jurisdiction of VESID.   The Office of Nonpublic School Services recommends that the absolute charter be amended accordingly.

EXTENSION OF CHARTERS

EMMANUEL CHILDREN’S MISSION

Mount Vernon, Westchester County

A provisional charter was granted to this corporation by action of the Board of Regents on October 5, 2001 to operate day care centers, a preschool, kindergarten and a grade one through six elementary school.  Such provisional charter was amended to change the corporate purposes to operate a pre-kindergarten, kindergarten, a grades one through six elementary school and a grade seven and eight middle school and, as so amended, was extended by Regents action on January 10, 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.

SAN MIGUEL ACADEMY OF NEWBURGH

Newburgh, Orange County

A provisional charter was granted to this corporation by action of the Board of Regents on March 21, 2006 to operate a middle school consisting of grades five through eight for underprivileged boys.  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.

PROVISIONAL CHARTERS

GREENE HILL SCHOOL

Brooklyn, Kings County

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

THE SPEYER LEGACY SCHOOL

New York City, New York County

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

DISSOLUTION OF CHARTER

JOHNNY RAY YOUNGBLOOD ACADEMY

Brooklyn, Kings County

A provisional charter was granted to this corporation by action of the Board of Regents under the corporate name “Saint Paul Community Christian School” on January 31, 1985 to operate a pre-kindergarten through third grade.  Such provisional charter was amended and extended by Regents action on July 28, 1989; extended on July 24, 1992;  made absolute on October 5, 2001 and amended to change the corporate name to “Johnny Ray Youngblood Academy” on July 26, 2006.  The board of trustees has petitioned the Board of Regents for the dissolution of the charter because the school is no longer in operation and all taxes payable by the corporation have been paid. The trustees request Regents’ approval to store the student records at St. Paul Community Baptist Church and approval of the distribution of the remaining assets of the corporation to the George H. Murray Preparatory Academy. The Office of Nonpublic School Services recommends that the absolute charter of Johnny Ray Youngblood Academy be dissolved and that approval be given to storage of its records at the St. Paul Community Baptist Church, and the distribution of its assets to the George H. Murray Preparatory Academy subject to judicial approval pursuant to section 220 of the Education Law.

APPLICATION FOR REGENTS CONSENT TO FILE A CERTIFICATE OF ASSUMED NAME

JEWISH HERITAGE DAY SCHOOL OF BUFFALO

Buffalo, Erie County

A provisional charter was granted to this corporation by action of the Board of Regents on April 28, 1995 to operate a kindergarten and a grade one through eight elementary school.  Such provisional charter was made absolute by Regents action on November 10, 2000.  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 “Ohr Temimim School.”   The Office of Nonpublic School Services recommends that the consent of the Board of Regents to the filing of such certificate of assumed name be granted.

                   

 

HIGHER AND PROFESSIONAL EDUCATION

AMENDMENT OF CHARTER

NEW YORK SCHOOL OF INTERIOR DESIGN

New York City, New York County

A provisional charter was granted to this corporation by action of the Board of Regents  under the corporate name “The New York School of Interior Decoration” on March 27, 1924.  Such provisional charter was made absolute by Regents action on January 28, 1949.  Such absolute charter was amended by Regents action on February 16, 1951 to change the corporate name to “New York School of Interior Design,” and amended on January 28, 1976, September 22, 1978 and June 14, 1996.  The board of trustees has applied for an amendment to the absolute charter to add authority for the corporation to confer the degree of Bachelor of Arts (B.A.).  The Office of Higher Education 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 Bachelor of Arts (B.A.) degree.  

 

Appendix II

REGENTS ACTIONS IN 59 PROFESSIONAL DISCIPLINE CASES

AND 2 RESTORATION PETITIONS

June 22-23, 2009

              The Board of Regents announced disciplinary actions resulting in the summary suspension of 1 license, revocation of 3 licenses, surrender of 4 licenses, and 51 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 2 restoration petitions.

 

I. SUMMARY SUSPENSION

Massage Therapy

              Timothy E. Smith; Syracuse, NY 13219; Lic. No. 014363; Cal. No. 24598; Application for summary suspension granted.

II. REVOCATIONS AND SURRENDERS

Chiropractic

              Glenn Evan Fine; Yorktown Heights, NY 10598; Lic. No. 009631; Cal. No. 24545; Application to surrender license granted.  Summary: Licensee did not contest the charge of having been convicted of Criminal Possession of a Controlled Substance in the 7th Degree.

Dentistry

              Barry K. Hastings; North Bangor, NY 12966; Lic. No. 031317; Cal. No. 24528; Application to surrender license granted.  Summary: Licensee admitted to charges of having been convicted of Criminal Trespass in the 2nd Degree and Criminal Possession of a Weapon in the 4th Degree.

Nursing

              Sonya Marie Eberhardt; Licensed Practical Nurse; Bronx, NY 10455; Baltimore, MD 1218-1611; Lic. No. 220303; Cal. No. 23820; Found guilty of professional misconduct; Penalty: Revocation.

              Michelle Fischer; Licensed Practical Nurse; Philadelphia, PA 19128; Lic. No. 282239; Cal. No. 23991; Found guilty of professional misconduct; Penalty: Revocation.

              Antoinette June Holman; Licensed Practical Nurse; New York, NY 10031; Lic. No. 228546; Cal. No. 24491; Application to surrender license granted.  Summary: Licensee pled guilty to the charge of having been convicted of Grand Larceny in the 3rd Degree.

Pharmacy

              Howard Jonathan Brass; Pharmacist; North Bellmore, NY 11710; Lic. No. 036458; Cal. No. 24289; Found guilty of professional misconduct; Penalty: Revocation.

Speech-Language Pathology

              Thalia Terri-Ann Elie; Westbury, NY 11590; Lic. No. 014800; Cal. No. 23875; Application to surrender license granted.  Summary: Licensee admitted to the charge of having been convicted of Making False Statements to the Government, a felony.

III. OTHER REGENTS DISCIPLINARY ACTIONS

Architecture

              Anthony M. Salvati; Brooklyn, NY 11201; Lic. No. 006209; Cal. No. 24460; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $2,500 fine.

Dentistry

              Gilda Victoria Jusino-Delpozo; Auburn, NY 13021; Lic. No. 047608; Cal. No. 24463; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $2,500 fine.

Engineering and Land Surveying

              Michael Gerazounis; Professional Engineer; Jericho, NY 11753; Lic. No. 066709; Cal. No. 24401; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, upon service of 1 month actual suspension 24 months probation, $5,000 fine.

              John W. Clukies II; Professional Engineer; Westbury, NY 11590; Lic. No. 051681; Cal. No. 24498; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $1,000 fine.

Nursing

              Georgia Lynn Doherty a/k/a Georgia Lynn Markowitz; Registered Professional Nurse; Valatie, NY 12184; Lic. No. 360300; Cal. No. 22690; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

              Carol Ann Waszak Kunes; Licensed Practical Nurse, Registered Professional Nurse; Attica, NY 14011; Lic. Nos. 068247, 416046; Cal. Nos. 22900, 22899; Application for consent order granted; Penalty agreed upon: 3 month actual suspension to commence January 1, 2010  and to terminate March 31, 2010, 9 month stayed suspension, 1 year probation, $500 fine.

              Stacy Ann Rossi a/k/a Stacy A. Franzese; Licensed Practical Nurse, Registered Professional Nurse; Wantagh, NY 11793; Lic. Nos. 251011, 497325; Cal. Nos. 24028, 24027; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation upon return to practice.

              Christopher Anthony Fullem; Licensed Practical Nurse, Registered Professional Nurse; Cold Brook, NY 13324; Lic. Nos. 232327, 527048; Cal. Nos. 24151, 24152; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

              Michelle M. Innocent-Samedy; Registered Professional Nurse; Freeport, NY 11520; Lic. No. 283044; Cal. No. 24157; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $1,500 fine.

              Waltho Marquez; Registered Professional Nurse; Bronx, NY 10458; Lic. No. 350774; Cal. No. 24167; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

              Lisa Janine Barbour a/k/a Lisa J. Barbour a/k/a Lisa Barbour; Licensed Practical Nurse; White Plains, NY 10603; Lic. No. 165060; Cal. No. 24172; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 24 months probation, $500 fine.

              Paul Duane Miloff; Registered Professional Nurse; North Tonawanda, NY 14120; Lic. No. 572326; Cal. No. 24198; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

              Susan E. Dabrusky; Registered Professional Nurse; Dix Hills, NY 11746; Lic. No. 236453; Cal. No. 24305; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

              D. Danielle Courtney; Licensed Practical Nurse, Registered Professional Nurse; North Chili, NY 14514; Lic. Nos. 250083, 496484; Cal. Nos. 24322, 24323; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

              Rakhi Anto Joseph; Licensed Practical Nurse, Registered Professional Nurse; Lewisville, TX 75056; Lic. Nos. 276485, 568249; Cal. Nos. 24376, 24338; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation to commence when and if return to practice in State of New York, $500 fine payable within 60 days.

              Marlene Andrea Grant a/k/a Marlene A. Grant; Registered Professional Nurse; Beacon, NY 12508; Lic. No. 559644; Cal. No. 24362; Found guilty of professional misconduct; Penalty: $500 fine, 2 year suspension, execution of suspension stayed, probation 2 years.

              Terricka Aurtrelle Pontoon; Licensed Practical Nurse; Arverne, NY 11692; Lic. No. 258766; Cal. No. 24363; Application for consent order granted; Penalty agreed upon: 3 year stayed suspension, 3 years probation, $500 fine.

              Marlene Gonzalez; Licensed Practical Nurse, Registered Professional Nurse; Central Islip, NY 11722; Lic. Nos. 188700, 395326; Cal. Nos. 24365, 24366; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $1,000 fine.

              Patricia Marie White; Registered Professional Nurse; Pound Ridge, NY 10576; Lic. No. 382607; Cal. No. 24367; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

              Rose Maxineau; Licensed Practical Nurse; Freeport, NY 11520; Lic. No. 249320; Cal. No. 24371; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $1,000 fine.

              Eleanor Frogosa Quilao a/k/a Eleanor Quilao Perri; Registered Professional Nurse; Brooklyn, NY 11237-4002; Lic. No. 566726; Cal. No. 24391; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation to commence upon return to practice, $3,000 fine payable within 6 months.

              Michael E. Richardson; Licensed Practical Nurse; Brooklyn, NY 11238; Lic. No. 260336; Cal. No. 24394; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $1,500 fine.

              Susan M. Kiley a/k/a Susan Kobloth; Licensed Practical Nurse, Registered Professional Nurse; Greenwich, CT 06830; Lic. Nos. 135366, 350419; Cal. Nos. 24396, 24397; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $1,000 fine.

              Christopher Ancheta Ortiz a/k/a Christopher A. Ortiz; Licensed Practical Nurse; Rockville Centre, NY 11570; Lic. No. 268161; Cal. No. 24402; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $250 fine.

              Gylaine Benjamin; Licensed Practical Nurse, Registered Professional Nurse; Fresh Meadows, NY 11365; Lic. Nos. 143595, 344262; Cal. Nos. 24411, 24410; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation, $500 fine.

              Elena Leodones Capili; Licensed Practical Nurse; New Hyde Park, NY 11040-3712; Lic. No. 180390; Cal. No. 24439; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

              Adam Scott Steffens; Licensed Practical Nurse; Centereach, NY 11720-1649; Lic. No. 286309; Cal. No. 24440; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

              Christine A. Simmons; Licensed Practical Nurse; Mexico, NY 13114; Lic. No. 222408; Cal. No. 24447; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $250 fine.

              Scott Andrew Morrison; Registered Professional Nurse; Flushing, NY 11358-2237; Lic. No. 549252; Cal. No. 24453; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

              Deborah A. Charette; Licensed Practical Nurse; Watervliet, NY 12189; Lic. No. 264898; Cal. No. 24478; Application for consent order granted; Penalty agreed upon: 2 year actual suspension, 2 years probation to commence upon return to practice.

Occupational Therapy

              Gerald Michael Danaher; Brooklyn, NY 11215; Lic. No. 010430; Cal. No. 24404; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $2,500 fine.

Pharmacy

              George M. Athanas; Pharmacist; Syracuse, NY 13215; Lic. No. 037105; Cal. No. 24270; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $10,000 fine.

              Ronald L. Smith; Pharmacist; Alden, NY 14004-1312; Lic. No. 030004; Cal. No. 24355; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

              William Alfredo Jamieson; Pharmacist; Monroe, NY 10950; Lic. No. 036435; Cal. No. 24377; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

              Rite Aid of New York, Inc.; Pharmacy; P.O. Box 3165, Harrisburg, PA 17105; Reg. No. 023050; Cal. No. 24395; Application for consent order granted; Penalty agreed upon: $20,000 fine, 1 year probation.

              Herman Tong; Pharmacist; Islip Terrace, NY 11752-1412; Lic. No. 042115; Cal. No. 24416; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $5,000 fine.

              Rite Aid of New York, Inc; Pharmacy; P.O. Box 3165, Harrisburg, PA 17105; Reg. No. 020463; Cal. No. 24442; Application for consent order granted; Penalty agreed upon: $20,000 fine, 1 year probation.

Public Accountancy

              Steven F. Gross; Certified Public Accountant; Cambridge, MD 21613; Lic. No. 033338; Cal. No. 24373; Application for consent order granted; Penalty agreed upon:  Partial actual suspension in certain area for no less than 6 months and until successfully complete course of retraining in certain area, upon termination of partial actual suspension 2 years probation, $2,000 fine payable within 5 months.

              Thomas Richard Ambrey; Certified Public Accountant; New City, NY 10956; Lic. No. 076796; Cal. No. 24375; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $1,000 fine.

Respiratory Therapy

              Christopher Ancheta Ortiz a/k/a Christopher A. Ortiz; Respiratory Therapy Technician; Rockville Centre, NY 11570; Lic. No. 003560; Cal. No. 24403; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $250 fine.

Social Work

              Steven Clyde Bundy; Licensed Master Social Worker, Licensed Clinical Social Worker; Brooklyn, NY 11216-1702; Lic. Nos. 061149, 073938; Cal. Nos. 23939, 23938; Applications for consent orders granted; Penalty agreed upon: Annulment of licenses.

Veterinary Medicine

              William S. Isomoto; Elmont, NY 11003-7001; Lic. No. 004775; Cal. No. 24386; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $2,500 fine.

IV. RESTORATIONS

              The Board of Regents voted on June 23, 2009 to deny the petition for restoration of the registered professional nurse license of John F. Ingrassia, Staten Island, NY 10314. Mr. Ingrassia’s license was originally revoked June 13, 2001.

              The Board of Regents voted on June 23, 2009 to stay the revocation of the physician license of John H. Fancher, Phoenix, AZ 85029, and to place him on probation for a period of five years under specified terms and conditions. Dr. Fancher’s license was originally revoked March 25, 1999.