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SUMMARY OF THE JULY MEETING


 


OF THE BOARD OF REGENTS


 


OF


 


THE UNIVERSITY OF THE STATE OF NEW YORK


 

              


Held at the State Education Building


Albany, New York

 


July 28 and 29, 2008


 


David Johnson, 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, July 28 at 9:00 a.m. and 12:45 p.m. pursuant to a call duly sent to each Regent.


MEETING OF THE FULL BOARD, Monday, July 28, 9:00 AM


Board Members in Attendance:

 

Robert M. Bennett, Chancellor

Saul B. Cohen

James C. Dawson

Anthony S. Bottar

Geraldine D. Chapey

Arnold B. Gardner

Harry Phillips, 3rd

James R. Tallon, Jr.

Rogers Tilles

Karen Brooks Hopkins

Charles R. Bendit

Betty A. Rosa

Lester W. Young, Jr.

              Also present were the Commissioner of Education, Richard P. Mills and Counsel and Deputy Commissioner for Legal Affairs, Kathy Ahearn.  Vice Chancellor Merryl H. Tisch and Regents Joseph E. Bowman, Jr. and Milton L. Cofield were absent and excused.

Chancellor Robert M. Bennett called the meeting to order at 9:05 AM


ACTION ITEM

Acceptance of a $3,000,000 Two-Year Grant from the Wallace Foundation to Support the P-16 Education Leadership Initiative


BR (A) 4

              MOVED, that the Regents accept a $3,000,000 two-year grant from the Wallace Foundation to support the P-16 Education Leadership initiative

              Motion by:                    Regent Harry Phillips, 3rd

              Seconded by:                Regent Karen Brooks Hopkins

              Action:                          Motion carried unanimously


DISCUSSION ITEM

Commissioner’s Report to the Board

              The Commissioner’s written monthly report focused on four priority subject areas under consideration during the July monthly meeting:  A proposed growth model of accountability; Resources to develop school leadership; Should Regents modify policy on the IEP diploma; and employment of retired educators.

The meeting adjourned at 9:52 A.M.


MEETING OF THE FULL BOARD, Monday, July 28, 12:45 p.m.


Board Members in Attendance:

 

Robert M. Bennett, Chancellor

Merryl H. Tisch, Vice Chancellor

Saul B. Cohen

James C. Dawson

Anthony S. Bottar

Geraldine D. Chapey

Arnold B. Gardner

Harry Phillips, 3rd

Joseph E. Bowman, Jr.

James R. Tallon, Jr.

Milton L. Cofield

Rogers Tilles

Karen Brooks Hopkins

Charles R. Bendit

Betty A. Rosa

Lester W. Young, Jr.

              Also present were the Commissioner of Education, Richard P. Mills, Counsel and Deputy Commissioner for Legal Affairs, Kathy Ahearn. 

Chancellor Robert M. Bennett called the meeting to order at 12:45 PM


CONSENT AGENDA ITEMS

Interim Action by Standing Committees


BR (A) 1

              MOVED, that the Standing Committees of the Board of Regents, be and they hereby are, authorized to take interim action for the Board of Regents during the period commencing on July 30, 2008 and ending on September 14, 2008 and that any such action shall be reported to the Board at its meeting on September 15-16, 2008.

Summary of June 2008 Meeting


BR (CA) 1

              MOVED, that the Summary of the June 2008 Meeting of the Board of Regents of The University of the State of New York be approved.

Report of the Committee on the Professions Regarding Licensing Petitions


BR (CA) 2

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

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


BR (CA) 3

              MOVED, that the Regents approve the proposed appointments

Regulations of the Commissioner of Education Relating to the Education and Program Registration Requirements for Licensure of the Professions of Clinical Laboratory Technology, Cytotechnology and Certified Clinical Laboratory Technicians


BR (CA) 4

              MOVED, that sections 52.38, 52.39, and 52.40 of the Regulations of the Commissioner of Education be added and that sections 79-13.1, 79-14.1 and 79-15.1 of the Regulations of the Commissioner be repealed and new sections 79-13.1, 79-14.1, and 79-15.1 be added, effective August 21, 2008.

Registration of Public Schools


BR (CA) 5

              MOVED, that the Regents approve the public schools identified for registration.

Registration of Nonpublic High Schools Visited in 2007-08


BR (CA) 6

              MOVED, that the Regents approve the nonpublic high schools identified for registration.

Proposed Amendment to the Rules of the Board of Regents Relating to Registered Degrees


BR (CA) 7

              MOVED, that Section 3.50 of the Rules of the Board of Regents be amended, as submitted, effective August 21, 2008.

Petition of the Fonda-Fultonville Central School District for Consent to Exceed the Constitutional Debt Limit


BR (CA) 8

              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 Fonda-Fultonville Central School District in an amount not to exceed $2,710,000 to undertake the reconstruction of various district buildings and the issuance of such bonds and/or bond anticipation notes in excess of the constitutional debt limit of said district.

Proposed Amendment to the Regulations of the Commissioner of Education Relating to Certification in the Classroom Teaching Service Through Individual Evaluation


BR (CA) 9

              MOVED, that section 80-3.7 of the Regulations of the Commissioner of Education be amended, as submitted, effective August 21, 2008.

Master Plan Amendment: Orange County Community College branch campus in Newburgh, NY and offering of associate degree programs at the Newburgh Campus


BR (CA) 10

              MOVED, that the Board of Regents approve the amendment to the master plan of the State University of New York to authorize the Newburgh Branch Campus of Orange County Community College and to offer the proposed associate degree programs at the branch campus.  This amendment will be effective until July 31, 2009 unless the branch campus is registered by the Department prior to that date, in which case master plan amendment shall be without term.

Yeshiva
University
: Master plan amendment authorizing the University to offer a Master of Public Health (M.P.H.) degree program


BR (CA) 11

              MOVED, that the Board of Regents approve the amendment to the master plan of Yeshiva University authorizing the University to offer the Master of Public Health (M.P.H.) degree program in Public Health.  This amendment will be effective until July 31, 2009, unless the program is registered by the Department prior to that date, in which case master plan amendment shall be without term.

Master Plan Amendment: Eugenio Maria de Hostos Community College of The City University of New York, Associate in Applied Science (A.A.S.) degree in Digital Design and Animation


BR (CA) 12

              MOVED, that the Board of Regents approve the amendment to the master plan of The City University of New York authorizing Hostos Community College to offer the Associate in Applied Science (A.A.S.) degree program in Digital Design and Animation.  This amendment will be effective until July 31, 2009, unless the program is registered by the Department prior to that date, in which case master plan amendment shall be without term.

State
University College
at Old Westbury: Regents authorization to award the Master of Arts in Teaching (M.A.T.) degree


BR (CA) 13

              MOVED, that the Board of Regents authorize the State University College at Old Westbury to confer the Master of Arts in Teaching degree on students successfully completing registered M.A.T. programs at the State University College at Old Westbury, effective July 31, 2008.

Conferral of Certificates and Degrees: Professional Business College


BR (CA) 14

              MOVED, that the Board of Regents confer upon the individuals identified, who have completed the requirements for their registered degree or certificate program at Professional Business College, the respective degrees and certificates as identified.

Proposed Amendment to the Rules of the Board of Regents and the Regulations of the Commissioner of Education Relating to Teacher Tenure Determinations


BR (CA) 15

              MOVED, that Part 30 of the Rules of the Board of Regents and Section 100.2 of the Regulations of the Commissioner of Education be amended, as submitted, effective August 21, 2008.

Charter Applications for July 2008


BR (CA) 16

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

Proposed Amendment to the Rules of the Board of Regents Relating to Dental Health Certificates


BR (CA) 17

              MOVED, that subdivision (k) of section 136.3 of the Regulations of the Commissioner be added as submitted, effective September 1, 2008.

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


BR (CA) 18

              MOVED, that the Board of Regents hereby 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 $677,000 to undertake the acquisition of school buses and the issuance of such bonds and/or bond anticipation notes in excess of the constitutional debt limit of said school district.

Consent Agenda Vote

              MOVED, that the Board of Regents approve by consent the following coded items: BR (A) 1, BR (CA) 1-18.

              Motion by:                    Regent James C. Dawson

              Seconded by:                Regent Geraldine D. Chapey

              Action:                          Motion carried unanimously


ACTION ITEMS

June 2008 Fiscal Report


BR (A) 2

              The Board received the June 2008 Fiscal Report for review and acceptance.

              Spending controls continue and have been tightened to reflect the 3.35 percent spending reductions and the Department’s Financial Management Plan for 2008-2009.

              All general funds are in structural balance with the exception of the Tenured Teacher Hearing account.  Federal accounts are in structural balance.

              Revenue accounts are in structural balance, allowing for normal reimbursement delays and the planned use of prior year balances with the exception of the Cultural Education Account due to declining revenues and increased reliance on the account by other Agencies.  After expending prior year funds, the Archives Partnership Trust (APT) will use sufficient revenue from the APT endowment, pursuant to Chapter 399 of the Laws of 1998, to maintain structural balance.

              MOVED, that the Board of Regents accept the June 2008 State Education Department Fiscal Report as presented.

              Motion by:                    Regent Milton L. Cofield

              Seconded by:                Regent Saul B. Cohen

              Action:                          Motion carried unanimously

Appointment of Superintendent at the New York State School for the Blind


BR (A) 5

              MOVED, that the Board of Regents appoint Erin Meehan-Fairben as Superintendent of the New York State School for the Blind effective September 1, 2008.

              Motion by:                    Regent Harry Phillips, 3rd

              Seconded by:                Regent Milton L. Cofield

              Action:                          Motion carried unanimously


DISCUSSION ITEM

Proposed Amendment to Part 279 of the Regulations of the Commissioner of Education Relating to State Level Review of Impartial Hearing Officer Determinations for Students with Disabilities


BR (D) 1

The Board discussed proposed amendments to Part 279 of the Regulations of the Commissioner of Education, to provide clarification of the procedures concerning appeals of impartial hearing officer decisions to a State Review Officer, correct citations and references and expedite and otherwise facilitate the processing of petitions for review to State Review Officers. The proposed amendment was discussed and will be submitted for action at the September meeting.


INFORMATION ITEMS

Commissioner’s Summary


Oral

Commissioner Richard P. Mills summarized the meeting, including significant actions and policy discussions by the Standing Committees.  These include: A Proposed Growth Model of Accountability, The Wallace Grant of $3 million, 211 Waiver process; new professional development requirements for the public librarian certificate; the IEP diploma; and creating a work group on preparing, recruiting, and retaining urban educators.

Appointment of State Historian


BR (A) 3

Commissioner Richard P. Mills informed the Board that he was appointing Mr. Robert Weible as State Historian effective July 28, 2008.


BOARD RETREAT

              The Board convened at 2:30 p.m. on Monday, July 28, at the SUNY Albany College of Nanoscale Science and Engineering, for a two-day Retreat, concluding at 12:00 p.m. on Tuesday, July 29.  The discussions, facilitated by Chancellor Robert M. Bennett, focused on ways to strengthen the State Education Department as a service organization.


STANDING COMMITTEE REPORTS

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

              Motion by:                    Regent Saul B. Cohen
              Seconded by:                 Regent James C. Dawson
              Action:                           Motion carried unanimously

 


REGENTS COMMITTEE ON ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

              Your EMSC Committee held its scheduled meeting on July 28, 2008.  All Committee members were present.   

ACTION ITEMS

School Bus Idling

                Your Committee recommends that subdivision (h) of section 156.3 of the Regulations of the Commissioner relating to the idling of school buses be added as submitted, effective August 21, 2008.  [EMSC (A) 1]

Contracts for Excellence

                Your Committee recommends that section 100.13 of the Regulations of the Commissioner be added and section 170.12 of the Regulations of the Commissioner relating to Contracts for Excellence be amended, as submitted, effective August 21, 2008. [EMSC (A) 10]

Charter Schools

              Your Committee recommends that the Board of Regents return the proposed second renewal charter of the Buffalo United Charter School to the Trustees of the State University of New York for reconsideration, and with the following comments and recommendations:  That the proposed second renewal charter be resubmitted to the Regents for consideration after (a) information regarding all provisions of the School’s proposed second renewal charter (including its educational program) that have been changed, if any, since its first renewal charter be provided, (b) a curriculum to address and be aligned with all 28 New York State Learning Standards and include core curricula at each grade level be provided; (c) that a plan for serving English language learners be provided, (d) that  a plan for serving students with disabilities be provided, and (e) a breakdown of major expenditure categories be provided.  [EMSC (A) 2]

              Your Committee recommends that the Board of Regents approves the revision to the initial charter of the Collegiate Charter School as proposed by the Board of Trustees of the State University of New York, and the provisional charter is amended accordingly.  [EMSC (A) 3]

              Your Committee recommends that the Board of Regents approves and issues the third renewal charter of the John V. Lindsay Wildcat 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 August 31, 2011.  [EMSC (A) 4]

Your Committee recommends that the Board of Regents approves the revisions to the initial charter of the Future Leaders Institute Charter School, as proposed by the Chancellor of the city school district of the city of New York, and the provisional charter is amended accordingly.  [EMSC (A) 5]

Your Committee recommends that the Board of Regents returns the proposed second renewal charter of the Harlem Village Academy Charter School to the Trustees of the State University of New York for reconsideration, and with the following comments and recommendations: (1) that the proposed renewal charter be resubmitted to the Regents for consideration after a public hearing has been held and any comments raised at this hearing have been considered; (2) that information regarding all provisions of the school’s second renewal charter (including its educational program) that have been changed, if any, since its first renewal charter be provided; (3) that the school must demonstrate that the curriculum for grades 11 and 12 addresses and is aligned with New York State learning standards; (4) that the proposal to co-locate the Harlem Village Academy Charter School and Leadership Village Academy Charter School be fully approved by the Trustees of the State University of New York; and (5) that a proposed revision to the charter of Leadership Village Academy Charter School proposing such co-location be simultaneously presented with the resubmitted proposed second renewal charter for the Harlem Village Academy Charter School.  [EMSC (A) 6]

Your Committee recommends that the Board of Regents approves the revision to initial charter of the Achievement First Brownsville Charter School, and the provisional charter is amended accordingly.  [EMSC (A) 7]

Your Committee recommends that the Board of Regents approves the revisions to the initial charter of the Carl C. Icahn Charter School Far Rockaway as proposed by the Board of Trustees of the State University of New York, 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 Applied Technologies, and the provisional charter is amended accordingly.  [EMSC (A) 9]

Your Committee recommends that the Board of Regents approves and issues the second renewal charter of the Bronx Charter School for Excellence as proposed by the Board of Trustees of the State University of New York, and that its provisional charter be extended for a term up through and including July 31, 2009.  [EMSC (A) 11]

Your Committee recommends that the Board of Regents approves and issues the second renewal charter of the Brooklyn Excelsior Charter School as proposed by the Board of Trustees of the State University of New York, and that its provisional charter be extended for a term up through and including July 31, 2013.  [EMSC (A) 12]

Your Committee recommends that the Board of Regents returns the proposed charter of the Excellence Charter School for Girls to the Trustees of the State University of New York for reconsideration, and with the following comments and recommendations: the School must provide an assurance that its curriculum will address and be aligned with all 28 New York State Learning Standards prior to opening for instruction; provide evidence of adequate community support for and interest in the charter school from parents of students eligible for enrollment in the first year of instruction that would be sufficient to reach its anticipated enrollment; and, with respect to mandatory Saturday instruction, provide a religious exemption for students.  [EMSC (A) 13]

Your Committee recommends that the Board of Regents approves and issues the proposed charter of the Brooklyn Prospect Charter School 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 ending July 28, 2013.  [EMSC (A) 14]

Your Committee recommends that the Board of Regents returns the proposed charter of the Leadership Preparatory Brownsville Charter School to the Trustees of the State University of New York for reconsideration, and with the following comments and recommendations: the School must provide an assurance that  its curriculum will address and be aligned with all 28  New York State Learning Standards prior to opening for instruction; provide evidence of adequate community support for and interest in the charter school from parents of students eligible for enrollment in the first year of instruction that would be sufficient to reach its anticipated enrollment; and with respect to the mandatory Saturday instruction, provide a religious exemption for students.  [EMSC (A) 15]

Your Committee recommends that the Board of Regents return the proposed charter of the Leadership Preparatory East New York Charter School to the Trustees of the State University of New York for reconsideration, and with the following comments and recommendations: the School must provide an assurance that  its curriculum will address and be aligned with all 28  New York State Learning Standards prior to opening for instruction; provide evidence of adequate community support for and interest in the charter school from parents of students eligible for enrollment in the first year of instruction that would be sufficient to reach its anticipated enrollment; and with respect to the mandatory Saturday instruction, provide a religious exemption for students.  [EMSC (A) 16]

Your Committee recommends that the Board of Regents return the proposed charter of the Leadership Preparatory Flatbush Charter School to the Trustees of the State University of New York for reconsideration, and with the following comments and recommendations: the School must provide an assurance that  its curriculum will address and be aligned with all 28  New York State Learning Standards prior to opening for instruction; provide evidence of adequate community support for and interest in the charter school from parents of students eligible for enrollment in the first year of instruction that would be sufficient to reach its anticipated enrollment; and with respect to the mandatory Saturday instruction, provide a religious exemption for students. [EMSC (A) 17]

Your Committee recommends that the Board of Regents approves and issues the second renewal charter of the KIPP S.T.A.R. College Prep Charter School as proposed by the Board of Trustees of the State University of New York, and that its provisional charter be extended for a term up through and including July 31, 2013.  [EMSC (A) 18]

MOTION FOR ACTION BY FULL BOARD

    

Mr. Chancellor and Colleagues:  Your EMSC Committee recommends, and I move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on July 28, 2008, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

Growth Model – Brian Gong from the National Center for the Improvement of Educational Assessment provided the Board of Regents with information about the proposed New York State Growth Model and responded to questions from the Board.  He described to the Committee how the model is designed to support the Regents policy to close the achievement gap and improve student performance and how it will give schools and districts credit for students making sufficient progress towards becoming proficient and meeting NYS learning standards.  The draft Growth Model will be submitted to USDOE in August for review and preliminary approval.  We will continue discussions with the field about the proposed Growth Model in September and October 2008, seeking more extensive feedback, and will make revisions to the model as appropriate.  The Regents must formally adopt the Growth Model before final USDOE approval.   [EMSC (D) 1]

 


REGENTS COMMITTEE ON VOCATIONAL AND EDUCATIONAL SERVICES FOR INDIVIDUALS WITH DISABILITIES

 

Your VESID Committee held its scheduled meeting on July 28, 2008.   Allmembers were present, with the exception of Regent Gardner who was excused.  Vice Chancellor Tisch, Regents Bottar, Brooks-Hopkins and Young also attended.

MATTERS REQUIRING BOARD ACTION

              The Committee voted to approve proposed amendments to the Regulations of the Commissioner of Education relating to Chapter 378 of the Laws of 2007 and the 2004 Reauthorization of the Individuals with Disabilities Education Act.  The proposed amendments conform the Regulations of the Commissioner of Education to New York State Education Law.

MATTERS NOT REQUIRING BOARD ACTION

              The Committee discussed proposed amendments of sections 200.4 and 200.5 of the Regulations of the Commissioner of Education requiring that school districts use forms prescribed by the Commissioner for IEP’s, CSE and CPSE meeting notices and prior written notice (notice of recommendation), effective January 1, 2009.

                           

              The Committee reviewed their policy on the IEP diploma and discussed whether the IEP diploma should be replaced with an alternative credential, be continued but under conditions that limit its use, or be renamed to differentiate it from a diploma that signifies completion of high school study standards.  The IEP diploma is intended for students with the most significant disabilities as recognition of their successful achievement of their individual educational goals based on the appropriate level of the learning standards as specified in the student’s current IEP.

 

REGENTS COMMITTEE HIGHER EDUCATION                                                                              

              Your Higher Education Committee held its scheduled meeting on July 28, 2008. All members were present. 

Action Items

Action Items

 

Your Committee recommends that the emergency action taken at the June 24, 2008 meeting of the Board of Regents, which repealed Section 80-5.5 of the Regulations of the Commissioner of Education and added a new Section 80-5.5, is repealed, effective July 31, 2008.  Your Committee further recommends that  §80-5.5 be repealed and a new §80-5.5 of the Regulations of the Commissioner of Education be added, as submitted, effective August 1, 2008, as an emergency action upon a finding by the Board of Regents that such an action is necessary for the preservation of the general welfare in order to strengthen the approval process for employment of retired persons in public school districts other than the City of New York, boards of cooperative educational services and county vocational educational and extension boards and to provide transparency and effectiveness in the approval process in order to resolve recent concerns about the approval process.  This item will be brought back to the Regents in September for another emergency adoption and October for final confirmation.   [HE (A) 1]

MOTION FOR ACTION BY FULL BOARD

              Mr. Chancellor and Colleagues:  Your Higher Education Committee recommends, and I move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on July 28, 2008, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

              Your Committee discussed two topics of interest, including:

Update on the Wallace Foundation Grant – The Committee discussed plans for the $3 million dollar grant from the Wallace Foundation to further develop a cohesive leadership system for NYS.   The grant will provide funds for the Regents to review and, where appropriate, align New York State leadership standards with the newly adopted National Interstate School Leaders Licensor Consortium (ILLC) standards, expand pre-service programs with higher education Institutions to address current needs in the field and develop new in-service programs.   [HE (D) 1]

Work Group on Preparing, Recruiting and Retaining Teachers for Urban Education – The Committee discussed recommendations and follow-up from the May 12 Regents meeting in Yonkers on teaching in urban settings.  Staff is recommending that a Work Group be convened and comprised of members of the Board of Regents, college deans of education whose graduates work in urban districts, practitioners from the Big 5 school districts, NYSUT, PSPB and other constituency groups.  The overall charge of the workgroup is to examine the Department’s requirements for teacher preparation and professional development with the goal of strengthening those requirements to better serve the needs of teachers and students in urban schools.    [HE (D) 2]

 


REGENTS COMMITTEE ON PROFESSIONAL PRACTICE

              Your Higher Education and Professional Practice Committee held its scheduled meeting on July 28, 2008.  All Committee Members were present, except Vice-Chancellor Merryl H. Tisch, Regent Saul B. Cohen and Regent Milton L. Cofield, who were excused. 

ACTION ITEMS

Professional Discipline Cases

              Your Committee recommends that the reports of the Regents Review Committees, including rulings, findings of fact, determinations as to guilt, and recommendations, by unanimous or majority vote, contained in those reports which have been distributed to you, be accepted in 7 cases.  In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 18 consent order applications and 7 surrender applications be granted.  [PPC EXS (A) 1-3]

        In the case of Seth Michael Owens, occupational therapist, an application for consent order granted by the Board of Regents on April 15, 2008 under Calendar No. 23631, we recommend that the license number shown on that application for consent order be deemed corrected and be deemed to read the correct license number for Seth Michael Owens of 012652, and that the April 15, 2008 Vote and Order, which granted that application for consent order and is currently in effect and will continue to remain in effect after this Vote and Order becomes effective, be deemed amended to be based upon and related to the correct license number for Seth Michael Owens of 012652.

              In the case of Lisa A. Palmer, licensed practical nurse, Calendar No. 23910, we recommend that the Statement of Charges not be annexed to the report of the Regents Review Committee and that the sentence on page two of the report of the Regents Review Committee, that indicates that the Statement of Charges is annexed thereto, made a part hereof, and marked as Exhibit “A”, be disregarded.

              These recommendations are made following the review of 32 cases involving five pharmacies, four pharmacists, four registered professional nurses, three certified public accountants, three dentists, three licensed practical nurses, two architects, two licensed practical nurses who are also registered professional nurses, one licensed clinical social worker, one dental professional corporation, one ophthalmic dispenser, and one professional engineer.

Restoration Petitions

Voted, that the Board of Regents grant the application of Richard E. Pearl to restore his license to practice as a physician in the State of New York.  [PPC EXS (A) 5]

Voted, that the Board of Regents deny the application of Lawrence Nessman to restore his license to practice as a physician in the State of New York.  [PPC EXS (A) 6]

MOTION FOR ACTION BY FULL BOARD

              Mr. Chancellor and Colleagues:  Your Higher Education and 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 July 28, 2008, copies of which have been distributed to each Regent.

 


REGENTS COMMITTEE ON CULTURAL EDUCATION

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

Your Committee on Cultural Education had its scheduled meeting on July 28, 2008.  Committee Members in attendance were: Regents Dawson, Bowman, Brooks Hopkins, Gardner, Phillips, and Tilles.

 
ITEMS FOR DISCUSSION

Chairs’ Remarks: Regent Dawson greeted everyone and opened the meeting.

Deputy’s Report: Deputy Commissioner Jeffrey Cannell greeted everyone and provided a brief update to the Committee on OCE’s activities.  Copies of the July Deputy’s Report to the Regents and an update from the State Historian, Robert Weible were distributed to Board Members.

CE(D) 1 - New Professional Development Requirements for Public Librarian Certification

Carol Desch, Coordinator of Statewide Library Services, began the presentation with reference to Recommendation #9 in a report adopted by the Board of Regents in 2000 - Meeting the Needs of All New Yorkers: Library Service in the New Century: Final Report of the Regents Commission on Library Services.  Recommendation 9 addresses the need to establish a “highly skilled library workforce” and recommends strengthening the public librarian certification process to promote excellence in New York’s library workforce at all stages and levels.

Ms. Desch provided additional background information and noted that since 1909, all librarians working in professional librarian positions in public and association libraries in New York State have been required to have a professional public librarian certificate, issued by the State Education Department, which ensures employers that the certificate holder meets the necessary minimal requirements.

Ms. Desch introduced the executive director of New York Library Association (NYLA), Michael Borges and NYLA representatives Margaret Lanoue, of NYLA’s Continuing Education Committee and Judith Wines, a recent graduate and member of NYLA’s New Members Roundtable.  Ms. Lanoue and Ms. Wines presented NYLA’s new policy proposal – designed to strengthen the public librarian certification program for the 21st century – that requires sixty hours of professional development for public librarians every five years beginning on January 1, 2010 (proposal handout distributed including NYLA’s Annual Conference brochure for 2008).  Acceptable professional development activities and providers would be identified by the State Library and posted on the State Library’s website and the State Library would administer the ongoing program and monitor compliance.  In addition, NYLA will also be proposing to the Executive and Legislature that Education Law 279 be amended in 2009 to increase the one-time initial certification fee from $5 to $50 and fees for temporary certificates to $75.  It was noted that the $5 fee has been in effect since 1959.  NYLA asked the Regents to support the increased fees legislation.  In addition, implementation of the proposal will require the Regents to approve amendments to Commissioner Regulation 90.7.

The floor was opened to questions and comments.

Regent Dawson and Members of the Committee support the proposal and fee increase proposal.

 

Appendix I

NEW YORK
STATE BOARD OF REGENTS CHARTER ACTION


CULTURAL EDUCATION

ABSOLUTE CHARTERS

THE MID-HUDSON CHILDREN’S MUSEUM


Poughkeepsie
, Dutchess County

A provisional charter was granted to this corporation by action of the Board of Regents on September 15, 1989 to operate a museum.  Such provisional charter was amended and extended by Regents action on June 12, 1997 and was further extended on September 15, 2000.  The board of trustees has applied for an absolute charter. The Office of Cultural Education recommends that the provisional charter be made absolute.

THE RAVENA-COEYMANS HISTORICAL SOCIETY


Ravena
, Albany County

A provisional charter was granted to this corporation by action of the Board of Regents on June 8, 1999 to operate a historical society.  The board of trustees has applied for an absolute charter. The Office of Cultural Education recommends that the provisional charter be made absolute.

AMENDMENT OF CHARTER

MATTITUCK HISTORICAL SOCIETY


Mattituck, Suffolk County

A provisional charter was granted to this corporation by action of the Board of Regents on March 25, 1966 to operate a historical society.  Such provisional charter was made absolute by Regents action on April 25, 1969.  The board of trustees has applied for an amendment to the absolute charter to change the corporate name to “Mattituck-Laurel Historical Society and Museums.”  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

PROVISIONAL CHARTER

TUPPER
LAKE HERITAGE MUSEUM


Tupper
Lake, Franklin County

The board of trustees has petitioned the Board of Regents to form a corporation to establish and maintain a history museum relating to the history and tradition of the Village and Town of Tupper Lake, Franklin County and the surrounding Adirondack area; to collect, own, hold, maintain, preserve and make available appropriate historical objects and artifacts; to acquire sites to maintain and promote historical exhibits and displays; to establish and maintain a historical research center.  The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

DISSOLUTION OF A CERTIFICATE OF INCORPORATION

SAVE CANEADEA BRIDGE


Caneadea
, Allegany County

A certificate of incorporation was granted to this corporation by action of the Board of Regents on September 17, 1999 to preserve and restore for public use the Caneadea Bridge.  The board of trustees has petitioned the Board of Regents for the dissolution of the certificate of incorporation as the corporation is no longer in operation and all taxes payable by the corporation have been paid.  The trustees request Regents approval of the transfer of the corporation’s net monetary assets to the Department of Public Works of the County of Allegany, New York.  The Office of Cultural Education recommends that the certificate of incorporation of the Save Caneadea Bridge be dissolved and that approval be given to the transfer of the corporations assets to the Department of Public Works of the County of Allegany, New York.

A
PPLICATION FOR REGENTS CONSENT TO FILE A CERTIFICATE OF ASSUMED NAME

NATURAL
HISTORY MUSEUM OF THE ADIRONDACKS


Tupper
Lake, Franklin County

A provisional charter was granted to this corporation by action of the Board of Regents on February 3, 1999 to operate a museum.  Such provisional charter was amended by Regents action on February 8, 2000 and extended on May 23, 2006. 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 names “The W!ld Center” and “The Wild Center.”  The Office of the Cultural Education recommends that the consent of the Board of Regents to the filing of such certificates of assumed name be granted.


ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

AMENDMENT OF CHARTER

THE NORMAN HOWARD SCHOOL


Irondequoit
, Monroe County

A provisional charter was granted to this corporation by action of the Board of Regents on December 15, 1978 to operate a school.  Such provisional charter was made absolute by Regents action on January 17, 1984.  The board of trustees has applied for an amendment to the absolute charter to change the corporate address to 275 Pinnacle Road, Rochester, New York 14623. The Office of Nonpublic School Services recommends that the absolute charter be amended accordingly.



PROVISIONAL  CHARTERS

THE GARVEY SCHOOL

Bronx, Bronx 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.

PRIME
MOVERS ACADEMY


Bronx, Bronx County

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

RIVERRUN COMMUNITY MONTESSORI


Schenectady
, Schenectady County

The board of trustees has petitioned the Board of Regents to form a corporation to  operate a nursery school, a kindergarten and a grade one through nine school using the Montessori philosophy and curriculum while complying with all state education regulations.  The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.

HIGHER AND PROFESSIONAL EDUCATION

AMENDMENT OF CHARTERS

NORTH
SHORE-LIJ GRADUATE SCHOOL
OF MOLECULAR MEDICINE


Manhasset, Nassau County

A provisional charter was granted to this corporation by action of the Board of Regents under the corporate name “The Picower Graduate School of Molecular Medicine” on June 24, 1994 to operate a program of research training and doctoral level study for medical school graduates in the field of molecular medicine and related areas of scientific and clinical research. Such provisional charter was extended by Regents action on July 16, 1999 and was amended to include a name change to “North Shore-LIJ Graduate School of Molecular Medicine” and, as so amended, was made absolute by Regents action n September 13, 2002.  The board of trustees has applied for an amendment of the provisional charter to change the corporate name to “The Elmezzi Graduate School of Molecular Medicine”; to restate paragraph 2 (c) to read: “to organize and conduct programs for the further and continuing scientific education and training of the physicians, faculty, trainees, other investigators and employees of The Feinstein Institute for Medical Research and the member hospitals of The North Shore-Long Island Jewish Health System, Inc.”  The Office of Higher Education recommends that the absolute charter be amended accordingly.

YESHIVA
UNIVERSITY


New York City
, New York
County

This corporation was incorporated pursuant to the provisions of the Membership Corporations Law under the corporate name “The Rabbi Isaac Elchanan Theological Seminary Association” on March 20, 1897.  Such certificate of incorporation was amended by action of the Board of Regents on March 27, 1924, March 29, 1928 to change the corporate name to “Rabbi Isaac Elchanan Theological Seminary Association and Yeshiva College,” May 18, 1933, April 19, 1940 to change the corporate name to “Rabbi Isaac Elchanan Theological Seminary and Yeshiva College,” November 16, 1945 to change the corporate name to “Yeshiva University.”  Such absolute charter was amended by Regents action on various occasions with the last amendment being granted on June 17, 2003.  The board of trustees has applied for an amendment to the absolute charter to add authority for the corporation to confer the degree of Master of Public Health (M.P.H.).  The Office of Higher Education recommends that the absolute charter be amended accordingly.


Appendix II


REGENTS ACTIONS IN 32 PROFESSIONAL DISCIPLINE CASES


AND 2 RESTORATION PETITIONS

July 28, 2008

              The Board of Regents announced disciplinary actions resulting in the revocation of 1 license, surrender of 7 licenses, and 24 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.

REVOCATIONS AND SURRENDERS


Architecture

              David I. Wasserman; 153 Parkway Drive, Roslyn Heights, NY 11577-2707; Lic. No. 017297; Cal. No. 24081; Application to surrender license granted.  Summary: Licensee admitted to the charge of having been convicted of one count of Grand Larceny in the 3rd Degree, a class D felony; four counts of Offering a False Instrument for Filing in the 1st Degree, a class E felony; one count of Falsifying Business Records in the 2nd Degree, a class A misdemeanor; and one count of Receiving Unlawful Gratuities, a class A misdemeanor.


Engineering and Land Surveying

              Wei Jwo Lin; Professional Engineer; 133-47 Sanford Avenue, Flushing, NY 11355; Lic. No. 050298; Cal. No. 24070; Application to surrender license granted.Summary: Licensee did not contest the allegation that, on or about January 13, 2005, with fraudulent intent, he submitted a TR-1 form to the Department of Buildings in which he certified that said building had fireproofing when, in truth and in fact, and as he well knew, said building did not have fireproofing material.

Nursing

              Katina Anne Votsis Lucas; Registered Professional Nurse; 126 LaGuardia Avenue, Staten Island, NY 10314; Lic.No. 352161; Cal. No. 23185; Found guilty of professional misconduct; Penalty: Revocation.

              Shaun Thomas Collins; Licensed Practical Nurse; 76 Prospect Drive, Brentwood, NY 11717; Lic. No. 250137; Cal. No. 23909; Application to surrender license granted.  Summary: Licensee admitted to the charge of having been convicted of two felony convictions for Grand Larceny, two misdemeanor convictions for Petit Larceny, and one misdemeanor conviction for Criminally Possessing a Hypodermic Instrument.

Pharmacy

              Robert A. Duca, Jr.; 15 Glenwood Lane, Roslyn Heights, NY 11577; Lic. No. 038104; Cal. No. 24056; Application to surrender license granted.  Summary: Licensee admitted to the charge of having been convicted of Criminal Diversion of Prescription Medications and Prescriptions in the 4th Degree, a class A misdemeanor.

              Daniel Leo Freidlin a/k/a Daniel Freidlin; 82 Scudders Lane, Roslyn Harbor, NY 11576; Lic. No. 045303; Cal. No. 24068; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted of Criminal Diversion of Prescription Medications in the 4th Degree, a class A misdemeanor.

Public Accountancy

              Robert A. Washko; Certified Public Accountant; 197 Sportsman Avenue, Freeport, NY 11520; Lic. No. 036743; Cal. No. 23549; Application to surrender license granted.  Summary: Licensee admitted to the charge of having been convicted of Grand Larceny in the 2nd Degree and Criminal Possession of Stolen Property in the 2nd Degree.

              Stanley Bekritsky; Certified Public Accountant; 1104 Lambert Road, Teaneck, NJ 07666; Lic. No. 030673; Cal. No. 24044; Application to surrender license granted.  Summary: Licensee did not contest allegations that, between 1999 and 2001, he aided and assisted in the preparation and presentation of fraudulent and false U.S. Partnership Tax Returns, as more fully set forth in Indictment Number 05-249 filed in United States District Court for the District of New Jersey.


II. OTHER REGENTS DISCIPLINARY ACTIONS


Architecture

              Ivan Brian De Roche; 271 North Avenue, New Rochelle, NY 10801; Lic. No. 024229; Cal. No. 23852; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $4,000 fine.


Dentistry

              Yury M. Babeck; 2465 Cove Court, Bellmore, NY 11710; Lic. No. 043746; Cal. No. 23659; Found guilty of professional misconduct; Penalty: 2 year suspension, execution of last 18 months of suspension stayed, probation 2 years, $10,000 fine to be paid within 6 months.

              CatriseLynette Austin; 1331 15th Street, Fort Lee, NJ 07024; Lic. No. 046889; Cal. No. 23882; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,000 fine.

              VIP Smiles Dentistry PC; 119 West 57th Street, New York, NY 10019; Cal. No. 23883; Application for consent order granted; Penalty agreed upon: 1 year probation, $1,000 fine.

              FebusBlechman; 3234 Nostrand Avenue, Brooklyn, NY 11229; Lic. No. 041997; Cal. No. 23951; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,500 fine.


Nursing

              Mary Louise Davis a/k/a Mary Louise G. Davis; Licensed Practical Nurse, Registered Professional Nurse; 7420 Ridge Boulevard, Brooklyn, NY 11209; Lic. Nos. 068877, 252224; Cal. Nos. 22205, 22206; Found guilty of professional misconduct; Penalty: Censure and Reprimand.

              Gerald M. Casavant; Registered Professional Nurse; Box 28, 17 Depot Road, Hoosick, NY 12089; Lic. No. 488380; Cal. No. 23075; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

              Michele B. Dollar a/k/a Michele B. Faulkner; Registered Professional Nurse; 9003B Doorstone Drive, Latham, NY 12110; Lic. No. 475103; Cal. No. 23849; 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.

              Nada Jadrovska; Registered Professional Nurse; 79 Eagle Rock Drive, Rochester, NY 14609; Lic. No. 430010; Cal. No. 23913; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $750 fine.

              Pamela D. Fulton; Licensed Practical Nurse; 1400 Lake Avenue, Rochester, NY 14615; Lic. No. 265230; Cal. No. 23918; Application for consent order granted; Penalty agreed upon: 6 month actual suspension, 18 month stayed suspension, 2 years probation to commence if and when return to practice, $500 fine payable within 6 months.


Ophthalmic Dispensing

              Raymond F. Calhoon, Jr.; 126 Peoria Avenue, Cheektowaga, NY 14206; Lic. No. 005028; Cal. No. 23880; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension of no less than 1 year and until fit to practice, upon termination of suspension 2 years probation to commence upon return to practice, $500 fine.


Pharmacy

              Edwin Omar Gbenebitse; 38 Camdike Street, Valley Stream, NY 11580; Lic. No. 035394; Cal. No. 23583; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $7,500 fine.

              Ashland Pharmacy, Inc.; Pharmacy; 123 Dekalb Avenue, Brooklyn, NY 11217; Reg. No. 020974; Cal. No. 23584; Application for consent order granted; Penalty agreed upon: 2 years probation, $2,500 fine.

              Eckerd Corporation (#5921); Pharmacy; 381 Broadway, Monticello, NY 12701; Reg. No. 023968; Cal. No. 23640; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $10,000 fine.

              Rite Aid of New York, Inc.; Pharmacy; 2460 Route 52, P.O. Box 895, Pine Bush, NY 12566-0895; Reg. No. 022160; Cal. No. 23787; Application for consent order granted; Penalty agreed upon: $7,500 fine payable within 30 days.

              Genovese Drug Stores, Inc. d/b/a Rite Aid Pharmacy; Pharmacy; 196 East Hartsdale Avenue, Hartsdale, NY 10530; Reg. No. 026644; Cal. No. 23794; Application for consent order granted; Penalty agreed upon: $7,500 fine payable within 30 days.

              Rite Aid of New York, Inc.; Pharmacy; 301 West 50th Street, New York, NY 10019; Reg. No. 024241; Cal. No. 23858; Application for consent order granted; Penalty agreed upon: $10,000 fine payable within 60 days.

              Carmen Kwan; 67 Manhattan Avenue, Brooklyn, NY 11206; Lic. No. 045383; Cal. No. 23950; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $1,000 fine.


Public Accountancy

              Richard H. Dickinson; Certified Public Accountant; 439 Maple Avenue, Saratoga Springs, NY 12866-5503; Lic. No. 039003; Cal. No. 23954; Application for consent order granted; Penalty agreed upon: Partial actual suspension in certain area until successful completion of course of retraining in certain area, upon termination of partial actual suspension 2 years probation, $2,500 fine.


Social Work

              June Burstein; Licensed Clinical Social Worker; 11124 Sea Tropic Lane, Fort Myers, FL 33908; Lic. No. 034542; Cal. No. 23798; Application for consent order granted; Penalty agreed upon: 2 year actual suspension with leave to apply for early termination of suspension upon service of first 6 months thereof and upon successful completion of coursework in ethics, upon service of or early termination of suspension 2 years probation to commence if and when return to practice in New York State, $1,500 fine payable within 90 days.

III. RESTORATIONS

              The Board of Regents voted on July 28, 2008 to deny the petition for restoration of the physician license of Lawrence Nessman, 143 Greenrale Avenue, Wayne, NJ 07470. Dr. Nessman’s license was originally surrendered June 18, 1997.

              The Board of Regents voted on July 28, 2008 to grant the petition for restoration of the physician license of Richard E. Pearl, 2129 Jade Way, Longmont, CO 80504. Dr. Pearl’s license was originally revoked effective July 3, 2001.