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SUMMARY OF THE SEPTEMBER MEETING

OF THE BOARD OF REGENTS

OF

THE UNIVERSITY OF THE STATE OF NEW YORK

 

Held at the State Education Building

Albany, New York



September 11 and 12, 2006

 

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, September 11 at 9:45 a.m. and Tuesday, September 12 at 10:45 a.m. pursuant to a call duly sent to each Regent.

 


MEETING OF THE FULL BOARD, Monday, September 11,  9:45 a.m.

 


Board Members in Attendance:

 

Robert M. Bennett, Chancellor

Adelaide L. Sanford, Vice Chancellor

Saul B. Cohen

James C. Dawson

Merryl H. Tisch

Geraldine D. Chapey

Arnold B. Gardner

Harry Phillips, 3rd

Joseph E. Bowman, Jr.

Lorraine Cort�s-V�zquez

James R. Tallon, Jr.

John Brademas

Roger B. Tilles

Karen Brooks Hopkins

 

            Also present were the President of The University and Commissioner of Education, Richard P. Mills, Deputy Counsel for Legal Affairs, Erin O’Grady-Parent, and the Secretary, Board of Regents, David Johnson.   Regents Anthony S. Bottar and Milton L. Cofield were absent and excused.

 

            Chancellor Bennett called the meeting to order at 9:45 a.m.

 

 

ACTION ITEMS

 

Executive Session Motion

 

            MOVED, that the Board of Regents convene in Executive Session on Monday, September 11, at 6:15 p.m. for the purpose of discussing pending litigation and a personnel matter.

 

            Motion by:                Regent James C. Dawson

            Seconded by:         Regent Geraldine D. Chapey

            Action:                      Motion carried unanimously

 

 

BR (A) 1

 


MOVED,

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

 

            Motion by:                Regent Roger B. Tilles

            Seconded by:         Regent James C. Dawson


Action:                     

Motion carried unanimously

 

 

Summary of the July 2006 Meeting

BR (A) 2

 

            MOVED, that the
Summary of the July 2006 Meeting of the Board of Regents of The University of the State of New York be approved.

 


            Motion by:               

Regent Geraldine D. Chapey

            Seconded by:         Regent Joseph E. Bowman, Jr.


            Action:                     

Motion carried unanimously

 

 

Amendment to Section 90.12 of the Regulations of the Commissioner of Education Relating to State Aid for Public Library Construction

BR (A) 3

 

            MOVED, that subdivision (b), paragraphs (2) and (4) of subdivision (c), paragraph (4) of subdivision (d), and subdivisions (f) and (g) of section 90.12 of the Regulations of the Commissioner of Education be amended as submitted, effective September 15, 2006, as an emergency measure upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare in order to immediately conform section 90.12 of the Commissioner’s Regulations, relating to State aid for library construction, to Education Law section 273-a so that funds appropriated pursuant to Chapter 53 of the Laws of 2006 for public library construction and renovation projects may be timely awarded pursuant to statutory requirements to eligible public libraries and public library systems.

 

            Motion by:                Regent James C. Dawson

            Seconded by:         Regent Joseph E. Bowman, Jr.

            Action:                      Motion carried unanimously

 

 




 

Library Commission Report

BR (A) 4

 

Regent James C. Dawson led the Board through a review of the ten recommendations of the Regents Commission on Library Services, unanimously approved by the Regents in July 2000.  In June, the Regents Cultural Education Committee approved a plan to undertake a review of these recommendations, six years after adoption.

 

The Board expressed continued support for the recommendations and commented that strategies must be developed to increase Federal funding for libraries beyond the current ten percent, consideration should be given to requiring continuing professional development for librarians similar to teachers, and advocacy is needed to impact the addition of libraries across the penal system.

 

 

Supplemental Charter Application

BR (A) 7

 


MOVED,

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

 


Motion by:

                Regent Roger B. Tilles


Seconded by:

         Regent James C. Dawson


Action:

                      Motion carried unanimously

 

 

 

Commissioner’s Report to the Board

 

            The Commissioner’s written monthly report focused on six subject areas the Board will vote upon or discuss during the monthly meeting, one of which, “The Next Stage of Reform: Outline of a P-16 Strategy,” was the single subject discussed: Closing the Gap-Students with Disabilities; High School Graduation Rates; Summit 2006; Roosevelt; and, State Aid Recommendation: The Conceptual Proposal.

 

            In conversation regarding the P-16 Strategy presentation by the Commissioner, Board members had several comments and suggestions: professions expressing lack of clarity on their role in a P-16 plan; suggest recommended actions be identified in a multi-year priority list; consider the addition of mentoring of middle-school students as an action; place special emphasis on pre-k and teacher standards; need to convene a conversation over the issue of race; improve upon interagency links; inclusion of incarcerated youth in the strategies; consider addition of a pediatric medical requirement for students; consider an outside review of Department structure and Board structure; and, a strong sense of urgency to have a final strategy in place by January 1, 2007.

 

 

Annual Report of the State Professional Standards

and Practices Board for Teaching

BR (D) 1

 

            Patrick Allen and Eric Gidseg, Co-chairs, reviewed a summary of accomplishments of the State Professional Standards and Practices Board for Teaching for the time period September 2005-June 2006.

 

 

 


MEETING OF THE FULL BOARD, Tuesday, September 12,  10:45 a.m.

 


Board Members in Attendance:

 

Robert M. Bennett, Chancellor

Adelaide L. Sanford, Vice Chancellor

Saul B. Cohen

James C. Dawson

Anthony S. Bottar

Merryl H. Tisch

Geraldine D. Chapey

Arnold B. Gardner

Harry Phillips, 3rd

Joseph E. Bowman, Jr.

James R. Tallon, Jr.

Milton L. Cofield

John Brademas

Roger B. Tilles

Karen Brooks Hopkins

 

            Also present were the President of The University and Commissioner of Education, Richard P. Mills, Deputy Counsel for Legal Affairs, Erin O’Grady-Parent, and the Secretary, Board of Regents, David Johnson.   Regent Lorraine Cort�s-V�zquez was absent and excused.

 

            Chancellor Bennett called the meeting to order at 10:45 a.m.

 

 





 


ACTION ITEMS

 

 

2007-2008 Budget Development Process

BR (A) 5

 

            The Board reviewed for approval the Department’s 2007-2008 Budget Proposal.  The five principal objectives of the proposal are to: educate students for the global economic and cultural realities; create and build access to knowledge; strengthen the teaching force; ensure excellence and opportunity for all students in higher education; and, improve accountability.

 

            MOVED, that the Board of Regents approve the 2007-2008 State Education Department Budget Proposal as presented.

 

            Motion by:                Regent Roger B. Tilles

            Seconded by:         Regent James C. Dawson

            Action:                      Motion carried unanimously

 

 

Proposed Regents State and Federal Priority Legislation for 2007

BR (A) 6

 

            The Regents Priority Legislative Program for 2007 was presented to the Board for final review and action.   In discussion, Board members encouraged a comprehensive discussion on NCLB which would conclude with an action plan and also encouraged a conversation on the Telecommunications Act prior to its reauthorization.

 


            MOVED,

that the Board of Regents approve the Regents Priority Legislative Proposals for 2007.

 

            Motion by:                Regent Saul B. Cohen

            Seconded by:         Regent Joseph E. Bowman, Jr.

            Action:                      Motion carried unanimously

 

 

July/August 2006 Fiscal Report

BR (A) 8

 

            The Board of Regents received the July/August 2006 Fiscal Reports for review and acceptance.  A Variance Report is included, adjusting expenditures to reflect the beginning of the new Federal fiscal year on July 1.

 

            General fund and federal accounts are in structural balance.  It is anticipated that the Office of Elementary, Middle, Secondary and Continuing Education (EMSC) will undertake additional priority activities over coming years and dependent on the extent of which these priorities are paid for in this federal fiscal year, the programs may need to draw upon prior year balances which may create a structural imbalance.

 

            Revenue accounts are in structural balance, allowing for normal reimbursement delays and the planned use of prior year balances.  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 July and August 2006 State Education Department Fiscal Reports as presented.

 

            Motion by:                Regent Saul B. Cohen

            Seconded by:         Regent James C. Dawson

            Action:                      Motion carried unanimously

 

 

Appointment to the Position of Acting Executive Secretary,

State Board for Chiropractic

BR (A) 9

 

            MOVED, that the Regents approve the appointment of Douglas E. Lentivech as Acting Executive Secretary to the State Board for Chiropractic.

 

            Motion by:                Regent Harry Phillips, 3rd

            Seconded by:         Regent Joseph E. Bowman, Jr.

            Action:                      Motion carried unanimously

 

 

Acting Deputy Commissioner for Cultural Education

BR (A) 10

 


            MOVED,

that the Board of Regents approve the appointment of Christine Ward as Acting Deputy Commissioner for Cultural Education, beginning November 1, 2006 and until a permanent appointment has been made and the incumbent is in place.

 

            Motion by:                Regent Geraldine D. Chapey

            Seconded by:         Regent James R. Tallon, Jr.

            Action:                      Motion carried unanimously

 





 



DISCUSSION ITEM


 

Regents 2007-08 Conceptual Proposal on State Aid to School Districts

BR (D) 2

 

            The Board reviewed the 2007-08 conceptual proposal for State Aid to School Districts.  In October, the final conceptual 2007-08 proposal and details on funding recommendations will be considered for approval.

 

            The proposal seeks to achieve equity, adequacy, accountability and balance between stable and targeted funding.  New data on high school completions and new methods of linking funding to results makes the proposal more urgent and possible than ever.

 

            It was the consensus of the Board to proceed with the conceptual proposal.

 

 


MISCELLANEOUS

 

Resolution in Recognition of Distinguished Service to

James R. Butterworth

 

            Chancellor Robert M. Bennett presented a resolution in recognition of distinguished service to James R. Butterworth for his seven and a half years of leadership and service as the Assistant Commissioner in the Office of School Improvement and Community Services (Regional).

 

            The Resolution is attached as Appendix III.

 

 

Resolution in Recognition of Distinguished Service for

Marion P. Elliott

 

            Regent James C. Dawson presented a resolution in recognition of distinguished service to Marion P. Elliott for twenty-one years of service and deep commitment to public education.

 

            The Resolution is attached as Appendix IV.

 

 




 

            Citation in Recognition of the 175th Anniversary of The New York Institute

for Special Education

 

            Regent Geraldine D. Chapey presented a resolution recognizing The New York Institute for Special Education for its continuing leadership in providing quality education programs, advocating for and conducting and promoting research for the education of students with disabilities on the 175th anniversary of its founding.

 

            The Resolution is attached as Appendix V.

 

 


STANDING COMMITTEE REPORTS

 

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

 

            Motion by:                Regent Anthony S. Bottar

            Seconded by:         Regent James C. Dawson

            Action:                      Motion carried unanimously

 

 

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 September 11, 2006 in the Regents Room, Main Education Building. Regents Dawson, Gardner, Phillips, Cohen, Brooks Hopkins, Bowman, Cortes-Vazquez, Tilles, Chapey and Brademas were in attendance.

ITEMS FOR DISCUSSION

 


Report from the Chair: 

Regent Dawson began by reminding your Committee that the next Trusteeship meeting will be held on Tuesday, October 17 from 10:00-3:00 at the Brooklyn Academy of Music.

 


Approval of Draft Legislation to Fund Museum Curriculum-Related Instruction:  

Clifford Siegfried presented to your Committee the proposed legislation to fund museums and other cultural institutions, increasing standards-based instruction in science, social science, the arts and the humanities in grades K-12.  This legislative proposal would support educational activities for K-12 students by museums, historical societies, performing arts and other cultural institutions while it strengthens ties between those institutions and the schools. 

 

 


School Library Materials Aid Proposal: 

Janet Welch led a discussion on the 07/08 conceptual proposal for school library materials aid in the State Aid proposal.  Regent Tilles explained and recommended grandfathering in this aid. 

 

Your committee recommended that the School Library Aid be increased to enable school libraries in high-need communities to provide a comparable level of collections to their students as in other successful districts.  Collections include such items as books, periodicals, audio visuals and will hopefully be expanded to include databases. 

 


Appointments to the Regents Advisory Council on Libraries: 

It is recommended that the Regents take the following action:  That Lucretia McClure, who had filled an unfulfilled term is reappointed and Barbara Hamlin be appointed to the Regents Advisory Council on Libraries for terms beginning October 1, 2006 and ending September 30, 2011; that David Ferriero be appointed to fill an unfulfilled term beginning October 1, 2006 and ending September 30, 2009.

 


 


REGENTS COMMITTEE ON HIGHER EDUCATION


AND PROFESSIONAL PRACTICE


 

Your Higher Education and Professional Practice Committee held its scheduled meeting on September 11, 2006.  All Committee members were present, except for Regent Arnold B. Gardner, who was present for the public session and excused for the executive session and
Regent Milton L. Cofield, who was not present for the vote taken on the Consent Agenda.

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 10 cases, and in 1 case, with 7 members voting acceptance in the case of Thomas Paul Hauke, C.P.A., Calendar No. 22203 and with Regent Milton L. Cofield voting in opposition to the penalty in such case.  In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 61 consent order applications and 5 surrender applications be granted.

 

            These recommendations are made following the review of 77 cases involving 16 licensed practical nurses, 11 registered professional nurses, 8 licensed practical nurses who are also registered professional nurses, 8 pharmacists, 7 dentists, 4 veterinarians, 3 licensed clinical social workers, 3 pharmacy professional corporations, 2 certified public accountants, 1 architect, 1 architect professional corporation, 1 chiropractor, 1 massage therapist, 1 optometrist, 1 physical therapist, and 1 professional engineer.

 




 


Consent Agenda Items

 

            Your Committee recommends that the Board of Regents renew the permission to L’Ecole Francaise des Attaches de, Presse, Paris, France, to offer courses, in Manhattan, leading to its diploma in public relations. [HE & PP (CA) 1]

 

            Your Committee recommends that the Board of Regents approve the updates to the list of Regents Physician Shortage Areas as recommended by the Department of Health. [HE & PP (CA) 2]

 

            Your Committee recommends that the Board of Regents approve the reappointments of members to the State Boards for the Professions, and the reappointments of extended members to the State Boards for the Professions for Service on Licensure Disciplinary and/or Licensure Restoration and Moral Character Panels.  [HE & PP (CA) 3]

 

            Your Committee recommends that the Board of Regents renew the permission for Carnegie Mellon University to offer its Master of Science (M.S.) degree program in Computational Finance in New York State.   [HE & PP (CA) 4]

 

            Your Committee recommends that the Board of Regents approve the recommendations of the Committee on the Professions regarding Licensing Petitions. [HE & PP (CA) 5 and Addendum]

 

            Your Committee recommends that the Board of Regents amend sections 52.13, 70.1, and 70.4(b) of the Regulations of the Commissioner of Education relating to educational requirements for licensure in public accountancy and the endorsement of an out-of-state license in this field. [HE& PP (CA) 6]

 

            Your Committee recommends that the Board of Regents amend the master plan of Berkeley College in order for the College to offer a Bachelor of Business Administration (B.B.A) program in Health Services Management at its main and White Plains branch campus. [HE & PP (CA) 7]

 

            Your Committee recommends that the Board of Regents amend the master plan of the State University of New York to authorize the College of Agriculture and Technology at Morrisville to offer a Bachelor of Science (B.S.) degree in Human Performance and Health Promotion. [HE & PP (CA) 8]

 


Approvals


 

            Your Committee recommends that the Board of Regents defer action on the conditional accreditation of the teacher education programs offered by Touro College for three months.  At that time, staff will bring back to the Committee documentation on where the College stands on meeting the Regents standards for accreditation of teacher education.  [HE & PP (A) 1]

 

            Your Committee recommends that the Board of Regents accredit with conditions for three years the teacher education programs offered by D’Youville College, as listed in the Summary of the Application for Accreditation, effective September 12, 2006, for a period beginning immediately and ending on September 11, 2009, under the condition that D’Youville College adheres to its corrective action plan and addresses each area for improvement and concerns of the site visit team, the PSPB, and the Department , with a focused site visit in fall 2007 and a full reaccreditation site visit in fall 2008. [HE & PP (A) 2]

 

MOTION FOR ACTION BY FULL BOARD

 

            Mr. Chancellor and Colleagues:  Your Higher Education and Professional Practice 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 September 11, 2006, copies of which have been distributed to each Regent.

 

MATTERS NOT REQUIRING BOARD ACTION

 

            Your Committee discussed several topics of interest, including:

 

       
a report including higher education data requested by members of the Committee in follow-up to the May 2006 report concerning how proprietary colleges are approved and evaluated in New York State. The May 2006 report included 5 recommendations, endorsed by the Board of Regents. Draft regulations to implement recommendations 1 and 2 which impact only on proprietary colleges will be before the Committee for discussion in October.  The data discussed by the Committee this month as well as feedback from the field will inform the future discussion and consideration of regulatory amendments to implement recommendations 4 and 5. [HE & PP (D) 1]

 

       
follow-up activities related to a report discussed by the Committee in September 2002, on emergency planning in the Office of the Professions.  This month the Committee heard about the implementation of one of the recommendations that the Regents made to strengthen emergency preparedness in the professions in light of the critical role that licensed professionals played in responding to the events of September 11, 2001.  The Department has begun offering licensed professionals in all 47 professions wallet-sized professional photo ID cards (that include current photos from the Department of Motor Vehicles) to help to ensure that individuals can quickly and easily be identified as a New York State licensed professional as they carryout their professional activities day-to-day and in times of emergency. 


 


 





 



REGENTS COMMITTEE ON POLICY INTEGRATION AND INNOVATION

 

Regent Saul B. Cohen, Chair of the Committee on Policy Integration and Innovation, presented on behalf of the Committee the following written report.

 

Your Committee held its scheduled meeting on September 11, 2006.  Chancellor Bennett, Vice Chancellor Sanford, and Regents Cort�s-V�zquez, Dawson, Bottar, Tisch, Chapey, Bowman, Tallon and Cofield were present.  Regents Gardner, Phillips, Brademas, Tilles and Brooks Hopkins also attended.  Commissioner Mills was present. 

 

 

Your Committee continued the discussion about the Commissioner’s report, The Next Stage of Reform: Outline of a P-16 Strategy.  Key comments from this discussion:

 

        
The paper represents a good starting point for deciding what critical few actions the Board should take to advance P-16 education reform. 

 

        
The Board must now take the next step and act on those issues where we are poised to do so.  State aid, universal prekindergarten policy, teacher retention, and English Language Learner policy were cited as examples where action now would be timely and appropriate.

 

        
At the same time, the Board acknowledges that there are other issues that may require further research and deliberation.  The transition from high school to postsecondary education, the reauthorization of No Child Left Behind, and updating our curriculum guides were cited as examples here.

 

        
The upcoming election provides the Board with an opportunity to be part of the conversation to inform the new Governor’s education agenda.  Yet, to take advantage of this opportunity, the Board must quickly cull together a set of strategies that are utterly persuasive in that they are practical, smart, sustainable and which are also the right things to do.

 

As a next step, the Commissioner will provide the Board with information about what it would take to implement each of the actions contained in his report for deliberation at next month’s meeting.

 

 





 



REGENTS COMMITTEE ON ELEMENTARY, MIDDLE, SECONDARY AND


CONTINUING EDUCATION-VOCATIONAL AND EDUCATIONAL SERVICES FOR INDIVIDUALS WITH DISABILITIES

 

 

Your EMSC-VESID Committee held its scheduled meeting on September 12, 2006.  All members were present.

 

ACTION ITEMS

 


Charter Schools

 

       
Your Committee recommends approval of the proposed first revision to the charter of the Buffalo Academy of Science Charter School, and any amendment to its provisional charter that is necessary.  [EMSC-VESID (CA) 1]

 

       
Your Committee recommends approval of the proposed first revision to the charter of the Global Concepts Charter School, and any amendment to its provisional charter that is necessary.  [EMSC-VESID (CA) 1]

 

       
Your Committee recommends approval of the proposed charter for the Carl C. Icahn Charter School Bronx North.  [EMSC-VESID (A) 4]

 


Petition to Exceed Constitutional Debt Limit

 

       
Your Committee recommends approval to 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 $615,000 to purchase 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.  [EMSC-VESID (CA) 2]


 


Registration of Public Schools

 

       
Your Committee recommends approval of the registration of the Calkins Road Middle School commencing with the beginning of the 2006-07 school year, and the Royalton Hartland Middle School effective with the beginning of the 2005-06 school year.  [EMSC-VESID (A) 1]



 


Regulations

 

       
Your Committee recommends that section 19.5 of the Rules of the Board of Regents be amended; that new paragraphs (lll) and (mmm) of section 200.1 of the Regulations of the Commissioner be added; that subparagraph (i) of paragraph (3) of subdivision (d) of section 200.4 of the Regulations of the Commissioner be amended; that subparagraph (i) of paragraph (2) and subparagraph (iv) of paragraph (3) of subdivision (a) of section 200.7 of the Regulations of the Commissioner be amended; that a new paragraph (8) of subdivision (b) and a new paragraph (6) of subdivision (c) be added to section 200.7 of the Regulations of the Commissioner; and that a new section 200.22 be added to the Regulations of the Commissioner, as submitted, effective September 19, 2006, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the public health and safety to minimize the risk of physical injury and/or emotional harm to students who are subject to aversive behavioral interventions that inflict pain or discomfort, by ensuring that the rule's standards providing for the use of such interventions only when absolutely necessary and under conditions of minimal intensity and duration to accomplish their purpose, remain continuously in effect until the effective date of the rule's adoption on a permanent basis.  [EMSC-VESID (A) 2]

 

In October, a revised amendment based on public comment will come back to the Committee for emergency adoption to keep the rule in effect until it can be adopted as a permanent rule.

 

       
Your Committee recommends that subdivision (p) of section 100.2 of the Regulations of the Commissioner be amended as submitted, effective September 19, 2006, as an emergency action upon a finding by the Board of Regents that such action
is necessary for the preservation of the general welfare to ensure that accountability decisions based on 2005-2006 school year assessment data are made in accordance with New York’s approved accountability plan, and to ensure the timely implementation of New York’s plan to address the findings of the United States Department of Education’s peer review of  the State assessment program, and thereby avoid potential corrective actions that could include loss of State Title I administrative funds.  [EMSC-VESID (A) 3]

 

The Committee also discussed the U.S. Department of Education’s findings from the peer review concerning the use of the NYSESLAT test for English language learners and the potential for producing another exam that meets the purposes of NYSESLAT and the English language arts tests.

 




 

MOTION FOR ACTION BY FULL BOARD

 

            Mr. Chancellor and Members of the Board:  Your EMSC-VESID Committee recommends, and I move, that the Board of Regents act affirmatively upon each of the recommendations set forth in the written report of the deliberations of the Committee at its meeting on September 12, 2006, copies of which have been distributed to each Regent.

 

MATTERS NOT REQUIRING BOARD ACTION

 

Setting targets for high school graduation rate and attendance  [EMSC-VESID (D) 1]

 

The Committee asked for more detail on the proposals to set targets for graduation rate and attendance.  Topics discussed by the Committee included:  the underlying causes for low attendance rates; the need for resources for programs that motivate students to come to school; the need for conversations with students on what’s needed to improve attendance;  the elimination of successful programs targeted for attendance/dropout when the funding source is discontinued; the need to define solutions using the same terms when defining the problems; a focus on attendance is a way to highlight and give greater attention to the underlying causes; the need to monitor and audit attendance data from schools/districts; the success of enrichment programs in motivating students to attend school; and the difference between expectations and targets.  The Committee is interested in seeing upcoming student performance results for the 2005-06 school year for the 127 high schools with graduation rates below 70 percent, although it will be too soon to see marked improvement.

 

Strategies for students with disabilities  [EMSC-VESID (D) 2 Revised]

 

Staff will provide the Committee with a report on the capacity of SED and networks to provide technical assistance and support to districts identified in need of assistance or intervention, including information on the qualifications of individuals to provide such support.  Staff will provide the Committee with disaggregated data on students with disabilities by disability category.  The Committee also discussed the need for incentives for new teachers to become certified in special education; the reasons for the disproportionality of students classified as special education; and the use of community-based organizations as surrogates for families.

 

Enrollment patterns in newly created New York City public high schools  [EMSC-VESID (I) 1]

 

Staff informed the Committee that, until we have the data in the student repository, it would be difficult to provide information on how Levels 1-4 students are assigned to the new high schools in New York City.  Staff will contact the New York City Department of Education to determine if it will provide SED with this information.

APPENDIX I

NEW YORK
STATE BOARD OF REGENTS CHARTER ACTIONS

 

ANDESPUBLIC LIBRARY.  An application having been made by and on behalf of the trustees of Andes Public Library, for its provisional charter to be made absolute, and it appearing to the satisfaction of the Regents that the conditions for an absolute charter have been met, it was

           Voted, that the provisional charter of the Andes Public Library, located in Andes, county of Delaware, state of New York, which was granted by action of the Board of Regents on September 10, 2004 be, and the same hereby is, made absolute.

 

LONG ISLAND CHILDREN’S MUSEUM.  An application having been made by and on behalf of the trustees of Long Island Children’s Museum, for its provisional charter to be made absolute, and it appearing to the satisfaction of the Regents that the conditions for an absolute charter have been met, it was

           Voted, that the provisional charter of the Long Island Children’s Museum, located in Garden City, county of Nassau, state of New York, which was granted by action of the Board of Regents on July 27, 1990; which provisional charter was extended by Regents action on April 24, 1996 and amended on November 14, 1997 be, and the same hereby is, made absolute.

 

FULTONPUBLIC LIBRARY.  An application having been made by and on behalf of the trustees of Fulton Public Library, for an amendment of its charter, it was

           Voted, that the absolute charter of the Fulton Public Library, located in Fulton, county of Oswego, state of New York, which was granted by action of the Board of Regents on November 21, 1895; which absolute charter was amended by Regents action on March 11, 1997 be and the same hereby is, amended to specify the number of trustees shall be not less than five nor more than fifteen, to designate the Commissioner of Education as the agent of the corporation for the purpose of service of process, and to add the following language: 

The corporation hereby created shall be a nonstock corporation organized and operated exclusively for educational purposes, and no part of its earnings or net income shall inure to the benefit of any individual; and no officer, member, or employee of the corporation shall receive or be entitled to receive any pecuniary profit from the operations thereof, except reasonable compensation for services.

            Notwithstanding any other provision of these articles the corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Law) or (b) by a corporation, contributions to which are deductible under section 170(c)(2) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Law).

No substantial part of the activities of the corporation shall be devoted to carrying on propaganda, or otherwise attempting to influence legislation (except to the extent authorized by Internal Revenue Code section 501(h) as amended, or the corresponding provision of any future United States Internal Revenue Law, during any fiscal year or years in which the corporation has chosen to utilize the benefits authorized by the statutory provision), and the corporation shall not participate in or intervene (including the publishing or distribution of statements) in any political campaign on behalf of, or in opposition to, any candidate for public office.

Upon dissolution of the corporation, the board of trustees shall, after paying or making provision for the payment of all the liabilities of the corporation, dispose of the remaining assets of the corporation exclusively for one or more exempt purposes, within the meaning of section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code), or shall distribute the same to the Federal government, or to a state or local government, for a public purpose.  Any such assets not so disposed of shall be disposed of by order of the Supreme Court of the State of New York in the judicial district where the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations, organized and operated exclusively for such purposes, as said Court shall determine.

 

HAZARD LIBRARY ASSOCIATION.  An application having been made by and on behalf of the trustees of Hazard Library Association, for an amendment of its charter, it was

           Voted, that the absolute charter of the Hazard Library Association, located in Poplar Ridge, county of Cayuga, state of New York, which was granted by action of the Board of Regents on June 26, 1895; which absolute charter was amended by Regents action on February 25, 1983 be and the same hereby is, amended to designate the service area to be the Town of Venice, to designate the Commissioner of Education as the agent of the corporation for the purpose of service of process, and to add the following language: 

The corporation hereby created shall be a nonstock corporation organized and operated exclusively for educational purposes, and no part of its earnings or net income shall inure to the benefit of any individual; and no officer, member, or employee of the corporation shall receive or be entitled to receive any pecuniary profit from the operations thereof, except reasonable compensation for services.

            Notwithstanding any other provision of these articles the corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Law) or (b) by a corporation, contributions to which are deductible under section 170(c)(2) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Law).

No substantial part of the activities of the corporation shall be devoted to carrying on propaganda, or otherwise attempting to influence legislation (except to the extent authorized by Internal Revenue Code section 501(h) as amended, or the corresponding provision of any future United States Internal Revenue Law, during any fiscal year or years in which the corporation has chosen to utilize the benefits authorized by the statutory provision), and the corporation shall not participate in or intervene (including the publishing or distribution of statements) in any political campaign on behalf of, or in opposition to, any candidate for public office.

Upon dissolution of the corporation, the board of trustees shall, after paying or making provision for the payment of all the liabilities of the corporation, dispose of the remaining assets of the corporation exclusively for one or more exempt purposes, within the meaning of section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code), or shall distribute the same to the Federal government, or to a state or local government, for a public purpose.  Any such assets not so disposed of shall be disposed of by order of the Supreme Court of the State of New York in the judicial district where the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations, organized and operated exclusively for such purposes, as said Court shall determine.

 

ALEXANDER FINDLEY COMMUNITY LIBRARY.  An application having been made by and on behalf of the trustees of Alexander Findley Community Library, for its provisional charter to be extended, it was

           Voted, that the provisional charter of Alexander Findley Community Library, located in Findley Lake, county of Chautauqua, state of New York, which was granted by action of the Board of Regents on March 7, 2000 be and the same hereby is, extended until September 11, 2011; and prior to that date, an application for the further extension of such provisional charter or for an absolute charter will be entertained by the Regents, but, in the event that such application is not made, then after September 11, 2011 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

 

THE DELAWARE AND HUDSON CANAL AND GRAVITY RAILROAD CONSERVANCY

           Voted, that

             1.     A certificate of incorporation is granted incorporating Clifford B. Robinson Jr., Frank D. Grace, Judy Johnson, Peter Osborne, Sally Robinson and their associates and successors as an education corporation under the corporate name of The Delaware and Hudson Canal and Gravity Railroad Conservancy, located in Unionville, county of Orange, state of New York.

2.          The purpose for which such corporation is formed are:

     a.     To promote history and original historical research.

    b.    To disseminate and encourage a greater knowledge of the history of the States of      New York and Pennsylvania and particularly the Villages, Towns, Cities and Counties through which runs the canal and gravity railroad and their surrounding areas.

     c.     To encourage the suitable marking of places of historic interest. 

    d.    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.

    e.   To bring together those people interested in history, encourage public interest in   history, sponsor historical meetings, programs and events, sponsor exhibits, and issue publications in any format. 

i.   The corporation is not authorized to operate or maintain a museum, or to own or hold collections in connection therewith.

3.       The persons named as incorporators shall constitute the first board of trustees.  The board shall have power to adopt bylaws, including therein provisions fixing the method of election and the term of office of trustees, and shall have power by vote of two-thirds of all the members of the board of trustees to change the number of trustees to be not more than twenty-five nor less than five.

4.          The names and post office addresses of the first trustees are as follows:

 

Clifford B. Robinson Jr.

                       

Frank D. Grace

 

Judy Johnson

 

Peter Osborne

 

Sally Robinson

           

            5.         The corporation hereby created shall be a nonstock corporation organized and operated exclusively for educational purposes, as defined in section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code), and no part of the net earnings or net income shall inure to the benefit of any member, trustee, director or officer of the corporation, or any private individual (except that reasonable compensation may be paid for services rendered to or for the corporation), and no member, trustee, director or officer of the corporation, or any private individual, shall be entitled to share in the distribution of any of the corporate assets upon dissolution of the corporation.

            6.         Notwithstanding any other provision of these articles the corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code) or (b) by a corporation, contributions to which are deductible under section 170(c)(2) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code).

            7.         No substantial part of the activities of the corporation shall be devoted to carrying on propaganda, or otherwise attempting to influence legislation, (except to the extent authorized by Internal Revenue Code section 501(h) as amended, or the corresponding provision of any future Federal tax code, during any fiscal year or years in which the corporation has chosen to utilize the benefits authorized by the statutory provision) and the corporation shall not participate in or intervene (including the publishing or distribution of statements) in any political campaign on behalf of or in opposition to any candidate for public office.

            8.         Upon dissolution of the corporation, the board of trustees shall, after paying or making provision for the payment of all the liabilities of the corporation, dispose of the remaining assets of the corporation exclusively for one or more exempt purposes, within the meaning of section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code), or shall distribute the same to the Federal government, or to a state or local government, for a public purpose.  Any such assets not so disposed of shall be disposed of by order of the Supreme Court of the State of New York in the judicial district where the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations, organized and operated exclusively for such purposes, as said Court shall determine.

            9.         The principal office of the corporation shall be located at PO Box 585, Unionville, New York 10988. 

            10.       The Commissioner of Education is designated as the representative of the corporation upon whom process in any action or proceeding against it may be served.

 

MERCYHIGH SCHOOL.  An application having been made by and on behalf of the trustees of Mercy High School, for its provisional charter to be amended and, as so amended, made absolute, and it appearing to the satisfaction of the Regents that the conditions for an absolute charter have been met, it was

           Voted, that the provisional charter of Mercy High School, located in Riverhead, county of Suffolk, state of New York, which was granted by action of the Board of Regents on November 10, 2000 be, and the same hereby is, amended to change the corporate name to “Bishop McGann-Mercy Diocesan High School” and, as so amended, the same be, and hereby is, made absolute.

 

SHEMA KOLAINU-HEAR OUR VOICES.  An application having been made by and on behalf of the trustees of Shema Kolainu-Hear Our Voices, for its provisional charter to be made absolute, and it appearing to the satisfaction of the Regents that the conditions for an absolute charter have been met, it was

           Voted, that the provisional charter of Shema Kolainu-Hear Our Voices, located in Brooklyn, county of Kings, state of New York, which was granted by action of the Board of Regents on June 8, 1999; which provisional charter was amended and extended by Regents action on July 18, 2002 be, and the same hereby is, made absolute.

ANDERSONSCHOOL. An application having been made by and on behalf of the trustees of the Anderson School, for an amendment of its charter, it was

           Voted, that the provisional charter of the Anderson School located in Hyde Park, county of Dutchess, state of New York, which was granted by action of the Board of Regents on January 25, 1978; which provisional charter was amended by Regents action on January 24, 1979 and on June 21, 1979; and was made absolute by Regents action on September 25, 1981; which absolute charter was amended by Regents action on April 26, 1985, July 22, 1986, and November 9, 2001 be, and the same hereby is, amended to change the corporate name to “Anderson Center for Autism.”

 

MERCYCOLLEGE.  An application having been made by and on behalf of the trustees of Mercy College, for an amendment of its charter, it was

           Voted, that the provisional charter of Mercy College, located in Dobbs Ferry, county of Westchester, state of New York, which was granted by action of the Board of Regents under the corporate name “Mercy Junior College” on October 23, 1952; which provisional charter was amended by Regents action on November 22, 1957 to change the corporate name to “Mercy College” and, as so amended, extended; amended and extended by Regents action on October 28, 1960; extended by Regents action on September 27, 1963; and made absolute by Regents action on June 25, 1965, and such absolute charter having been amended on various occasions, the last amendment having been granted on March 7, 2000 be, and the same hereby is, amended to add authority for  the corporation to confer the Doctor of Physical Therapy (D.P.T.) degree.

 

PACE UNIVERSITY.  An application having been made by and on behalf of the trustees of Pace University, for an amendment of its charter, it was

           Voted, that the provisional charter of Pace University, located in the city, county, state of New York, which was granted by action of the Board of Regents under the corporate name “Pace Institute” on May 17, 1935; which provisional charter was amended and made absolute by Regents action on May 15, 1942; which absolute charter was amended by Regents action on several occasions, including on December 17, 1948 to change the corporate name to “Pace College” and on March 23, 1973 to change the corporate name to “Pace University” and was last amended on December 16, 1994 be, and the same hereby is, amended to add authority for the corporation to confer the Bachelor of Fine Arts (B.F.A.) degree at its Pleasantville campus.

 

INSTITUTE FOR THE PSYCHOANALYTIC STUDY OF SUBJECTIVITY

           Voted, that

            1.         A provisional charter valid for a term of five years is granted incorporating James L. Fosshage, Dorienee Sorter, Jackie Gotthold, Peter Kaufman, Steven Knoblauch, Frank Lachmann and their associates and successors as an education corporation under the corporate name of Institute for the Psychoanalytic Study of Subjectivity located in the city, county, and state of New York.

            2.         The purposes for which such corporation is formed is:

a)    To establish and maintain an institution of continuing education and training for qualified students of psychotherapy that provides an educational program focused on the philosophical and scientific foundations of psychoanalysis, the practical application of the established professional approaches to psychoanalysis, and major philosophical and technical innovations in psychoanalysis;

b)    To facilitate communication about conceptual and technical issues within the psychoanalytic community through workshops, courses and other educational means; and

c)   To engage in community-oriented mental health activities such as public education.

            3.  The persons named as incorporators shall constitute the first board of trustees.  The board shall have power to adopt bylaws, including therein provisions fixing the method of election and the term of office of trustees, and shall have power by vote of two-thirds of all the members of the board of trustees to change the number of trustees to be not more than twenty-five nor less than five.

            4.         The names and post office addresses of the first trustees are as follows:                                                             

                                                James L. Fosshage, Ph.D.

                                               

                                                Dorienee Sorter, Ph.D.

                                                                                               

                                                Jackie Gotthold, Psy.D.

                                               

                                                Peter Kaufman, Ph.D.

                                               

                                                Steven Knoblauch, Ph.D.

                                               

                                                Frank Lachmann, Ph.D.                                               

                                                                                                           

            5.         The corporation hereby created shall be a nonstock corporation organized and operated exclusively for educational purposes, as defined in section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code), and no part of the net earnings or net income shall inure to the benefit of any member, trustee, director or officer of the corporation, or any private individual (except that reasonable compensation may be paid for services rendered to or for the corporation), and no member, trustee, director or officer of the corporation, or any private individual, shall be entitled to share in the distribution of any of the corporate assets upon dissolution of the corporation.

            6.         Notwithstanding any other provision of these articles the corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code) or (b) by a corporation, contributions to which are deductible under section 170(c)(2) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code).

            7.         No substantial part of the activities of the corporation shall be devoted to carrying on propaganda, or otherwise attempting to influence legislation, (except to the extent authorized by Internal Revenue Code section 501(h) as amended, or the corresponding provision of any future Federal tax code, during any fiscal year or years in which the corporation has chosen to utilize the benefits authorized by the statutory provision) and the corporation shall not participate in or intervene (including the publishing or distribution of statements) in any political campaign on behalf of or in opposition to any candidate for public office.

           
8.         Upon dissolution of the corporation, the board of trustees shall, after paying or making provision for the payment of all the liabilities of the corporation, dispose of the remaining assets of the corporation exclusively for one or more exempt purposes, within the meaning of section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code), or shall distribute the same to the Federal government, or to a state or local government, for a public purpose.  Any such assets not so disposed of shall be disposed of by order of the Supreme Court of the State of New York in the judicial district where the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations, organized and operated exclusively for such purposes, as said Court shall determine.

9.           The principal office of the corporation shall be located at 250 West 54 Street, Suite 501, New York, New York 10019.

10.         The Commissioner of Education is designated as the representative of the corporation upon whom process in any action or proceeding against it may be served.

            11.       Such provisional charter will be made absolute if, within five years after the date when this charter is granted, the corporation shall acquire resources and equipment which are available for its use and support and which are sufficient and suitable for its chartered purposes in the judgment of the Regents of the University, and shall be maintaining an institution of educational usefulness and character satisfactory to the Regents.  Prior to the expiration of said five-year period, an application for the extension of such provisional charter or for an absolute charter will be entertained by the Regents, but in the event that such application is not made, then at the expiration of said term of five years, and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

 

UNIVERSITYOF ROCHESTER.  An application having been made by and on behalf of the trustees of University of Rochester, for the consent of the Board of Regents and of the Commissioner of Education to the filing of a certificate of assumed name pursuant to General Business  Law  �130, it was

           Voted, that consent of the Board of Regents be issued to the filing of said certificate of assumed name authorizing the corporation to use the assumed name “The Sherwood I. Deutsch Pharmacy” for its on-site pharmacy operated by the University’s Strong Memorial Hospital division.

 

APPENDIX II

REGENTS ACTIONS IN 77 PROFESSIONAL DISCIPLINE CASES

 

 

            The Board of Regents announced disciplinary actions resulting in the revocation of three licenses, surrender of five licenses, and 69 other disciplinary actions.  The penalty indicated for each case relates solely to the misconduct set forth in that particular case.

 


I.  REVOCATIONS AND SURRENDERS


 


Dentistry

 

            Ramachandran Ramnath; 6 White Birch Road, Syosset, NY 11791-1101; Lic. No. 040483; Cal. No. 22056; Found guilty of professional misconduct; Penalty: Revocation.

 

            Joel Lawrence Geller; 18 Patio Road, Middletown, NY 10941; Lic. No. 029496; Cal. No. 22934; Application to surrender license granted.  Summary:Licensee admitted to the charge of having been convicted of Grand Larceny in the 3rd Degree.

 


Engineering and Land Surveying

 

            Ronald H. Laberge; Professional Engineer; 4 Computer Drive, Albany, NY 12205-1109; Lic. No. 039022; Cal. No. 22881; Application to surrender license granted.  Summary:Licensee did not contest the charge of having been convicted of Mail Fraud.

 


Nursing

 

            Patricia Lehmann; Registered Professional Nurse; 4021 Wood River Drive, Corpus Christi, TX 78410; Lic. No. 471847; Cal. No. 22049; Found guilty of professional misconduct; Penalty: Revocation.

 

            Bonnie Ann Hutcheson; Registered Professional Nurse; 12255 Morningglory Court, Brentwood, TN 37027; Lic. No. 355498; Cal. No. 22879; Application to surrender license granted.  Summary:Licensee did not contest the charge of having been disciplined in the State of Arizona for negligence.

 

            Roberta Mae Szwalla; Licensed Practical Nurse; 15 Duane Avenue, Binghamton, NY 13903; Lic. No. 250546; Cal. No. 22880; Application to surrender license granted.  Summary:Licensee admitted to the charge of medication administration errors.




 

 


Pharmacy

 

            Robert John Casale a/k/a Bobby Pills; 27 Shaw Place, Hartsdale, NY 10530; Lic. No. 026837; Cal. No. 22548; Found guilty of professional misconduct; Penalty: Revocation.

 


Social Work

 

            Bonnie J. Kersey; Licensed Clinical Social Worker; 699 Ritchie Place, Marcy, NY 13403; Lic. No. 022135; Cal. No. 20977; Application to surrender license granted.  Summary:Licensee admitted to the charge of revealing personal information of a client without permission.

 

 


II. OTHER REGENTS DISCIPLINARY ACTIONS

 


Architecture

 


            Paul Joseph Lombardi;

9 Deer Run Drive, Freehold, NJ 07728; Lic. No. 026694; Cal. No. 22757; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $5,000 fine.

 

            Paul Lombardi Architect, P.C.; 100 Hancock Street, Staten Island, NY  10305; Cal. No. 22758; Application for consent order granted; Penalty agreed upon: $2,500 fine.

 


Chiropractic

 


            Douglas Nagel;

46960 Cedar Lake Plaza, Sterling VA 20164; Lic. No. 005388; Cal. No. 22857; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

 


Dentistry

 


            Elizabeth Dorosz;

329 Maple Street, Oswego, NY 13126; Lic. No. 046805; Cal. No. 22242; Application for consent order granted; Penalty agreed upon: Partial actual suspension in certain area as set forth in consent order application, $2,500 fine; separate additional different course of continuing education; upon termination of partial actual suspension, 1 year probation.

 

            James F. McCosker; 501 Pelham Road, New Rochelle, NY 10805-1936; Lic. No. 029038; Cal. No. 22698; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

 

            Tolly Abraham Chovev; 311 Graham Avenue, Brooklyn, NY 11211; Lic. No. 038854; Cal. No. 22699; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,500 fine.

 

            Carl Francis Pagano; 1575 Hillside Avenue, New Hyde Park, NY 11040-2501; Lic. No. 030394; Cal. No. 22812; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $4,500 fine.

 


Massage Therapy

 


            Kurt William Kodesch;

1699 Foster Avenue, Schenectady, NY 12308-1820; Lic. No. 006300; Cal. No. 22504; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for no less than 3 years and until fit to practice – upon termination of suspension, 3 years probation to commence upon return to practice.

 


Nursing

 

            Esther Agber a/k/a Jamine Esther N’gegba; Licensed Practical Nurse; 3792 Suwanee-Mill Drive, Buford, GA 30518; Lic. No. 221769; Cal. No. 19227; Found guilty of professional misconduct; Penalty: 2 year suspension, execution of last year of suspension stayed, $2,500 fine.

 

            Geneva S. DaCosta; Registered Professional Nurse; 102-15 Avenue J, Brooklyn, NY 11236; Lic. No. 439616; Cal. No. 21402; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,000 fine.

 


           

Janet Foster; Licensed Practical Nurse; Box 340101, Jamaica, NY 11434; Lic. No. 268579; Cal. No. 22369; Found guilty of professional misconduct; Penalty: 2 year suspension, execution of last year of suspension stayed, probation 2 years.

 

            Annette Marie Coon a/k/a Rice; Licensed Practical Nurse; 2 Hilltop Court, Buffalo, NY 14224; Lic. No. 202645; Cal. No. 22392; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice – upon return to practice 2 years probation.

 

            Kristel Lynn Bashaw; Licensed Practical Nurse; 33 Third Avenue, Gloversville, NY 12078; Lic. No. 217315; Cal. No. 22473; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for no less than 2 years and until fit to practice, upon termination of suspension 2 years probation to commence upon return to practice; $500 fine payable within six months.

 

            Christopher Karl Butz; Licensed Practical Nurse; 23 VanDerveer Street, Amsterdam, NY 12021-3732; Lic. No. 253051; Cal. No. 22602; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

 

            Susan Marie Brown; Registered Professional Nurse; 39 Berwick Road, Rochester, NY 14609; Lic. No. 230529; Cal. No. 22657; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation to commence if and when return to practice.

 

            Julianne Carlino; Registered Professional Nurse; 301 Front Street, Schenectady, NY 12305; Lic. No. 530010; Cal. No. 22660; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for no less than 4 months and until fit to practice – upon termination of actual suspension 2 years probation to commence upon return to practice.

 

            Denise F. MacCallum; Licensed Practical Nurse; 288 Catherine Street, Albany, NY 12209; Lic. No. 191474; Cal. No. 22678; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice, upon termination of actual suspension 2 years probation upon return to practice.

 

            Josefina V. Bernabe; Licensed Practical Nurse; 27 Lyman Avenue, Staten Island, NY 10305; Lic. No. 180674; Cal. No. 22697; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 3 years probation, $750 fine.

 

            Aundrea Sue Clark; Licensed Practical Nurse; 8100 Portobello Way, Liverpool, NY 13090; Lic. No. 257421; Cal. No. 22731; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $250 fine.

 

            Mark Lee Shaler; Licensed Practical Nurse; 133 West Genesee Street, Chittenango, NY 13037; Lic. No. 172886; Cal. No. 22737; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, 1 year probation.

 

            Amy K. Miller; Licensed Practical Nurse, Registered Professional Nurse; 102 Camp Kennybrook Road, Monticello, NY 12701; Lic. Nos. 272098, 543289; Cal. Nos. 22740, 22729; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

 

            Carmen Hilda Caraballo; Licensed Practical Nurse, Registered Professional Nurse; 765 East 166th Street, Bronx, NY 10456; Lic. Nos. 181097, 384563; Cal. Nos. 22744, 22745; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

 

            Dawn M. Stanzione; Licensed Practical Nurse; 4 Taft Street, Rocky Point, NY 11789-0258; Lic. No. 216530; Cal. No. 22747; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation.

 

            Kathleen Quinn Belletti a/k/a Kathleen Quinn; Licensed Practical Nurse, Registered Professional Nurse; 50 Annuskemunnica Road, Babylon, NY 11702; Lic. Nos. 142370, 365878; Cal. Nos. 22759, 22760; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

 

            Karen Roberta Boogertman; Licensed Practical Nurse, Registered Professional Nurse; 431 Long Island Avenue, Medford, NY 11763; Lic. Nos. 097084, 406477; Cal. Nos. 22765, 22766; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

 

            Elsie Cecelia Nilsen; Licensed Practical Nurse; 125 Bancroft Avenue, Staten Island, NY 10306-3201; Lic. No. 274706; Cal. No. 22771; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension as set forth in consent order application, upon termination of actual suspension 2 years probation if and when return to practice.

 


            Marie Lucie Fleurimond;

Licensed Practical Nurse; 3035 Brighton 6th Street, Brooklyn, NY 11235; Lic. No. 217529; Cal. No. 22777; Application for consent order granted; Penalty agreed upon: 1 year actual suspension, 100 hours of public service within the first 6 months thereof.

 

            Ruth M. Lucchese; Licensed Practical Nurse; 27 Blueberry Lane, East Patchogue, NY 11772; Lic. No. 192019; Cal. No. 22778; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

 

            Noel H. McFarlane; Registered Professional Nurse; 12 Trinity Avenue, Spring Valley, NY 10977; Lic. No. 199955; Cal. No. 22788; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $2,500 fine.

 

            John D. McMullen; Licensed Practical Nurse, Registered Professional Nurse; 175 Meadow Lane, Buffalo, NY 14223; Lic. Nos. 135659, 330687; Cal. Nos. 22805, 22804; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

 

            Shirley Handy; Registered Professional Nurse; Box 196, 23 Carrol Street, Amityville, NY 11701-1819; Lic. No. 259060; Cal. No. 22814; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

 

 

            Mary S. Welter; Licensed Practical Nurse; Unit 25, 136 River Road, New Paltz, NY 12561; Lic. No. 263261; Cal. No. 22816; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation to commence upon return to practice, $500 fine.

 

            Linda C. Schumaker; Licensed Practical Nurse; 15 Cortland Boulevard, Clifton Park, NY 12065; Lic. No. 226033; Cal. No. 22833; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $250 fine.

 

            Cynthia L. Altman; Registered Professional Nurse; 76 Cameron Road, Athol, NY 12810; Lic. No. 442721; Cal. No. 22843; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

 

            Donna Marie Pettitt; Licensed Practical Nurse, Registered Professional Nurse; 1442 Wyoming Avenue, Niagara Falls, NY 14305; Lic. Nos. 205342, 446428; Cal. Nos. 22849, 22848; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

 

             Karen L. Patrei a/k/a Karen Lee-MacGregor Patrei; Licensed Practical Nurse, Registered Professional Nurse; 5 Lee Avenue, Schenectady, NY 12303; Lic. Nos. 092229, 456043; Cal. Nos. 22864, 22863; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $1,000 fine.

 

            Elizabeth A. Sulham; Registered Professional Nurse; 4 Oak Street, Hoosick Falls, NY 12090; Lic. No. 417713; Cal. No. 22872; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

 

            Susan Bette Kuhn; Registered Professional Nurse; 28�  Dies Street, Canton, NY 13617; Lic. No. 473555; Cal. No. 22884; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

 


Optometry

 


            Franco Rossi, Jr.;

25 St. John’s Street, Goshen, NY  10924; Lic. No. 005620; Cal. No. 22840; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation. $2,500 fine.

 


Pharmacy

 


            Michael Edward Welsch;

5 Sunleaf Drive, Penfield, NY 14526; Lic. No. 040746; Cal. No. 22543; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

 

            Genovese Drug Stores, Inc. d/b/a Eckerd Pharmacy; Pharmacy; 335 Route 25A, Miller Place, NY 11764; Reg. No. 014089; Cal. No. 22687; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, $2,500 fine.

 

            Nicholas Avicolli; 668 Foothill Road, Bridgewater, NJ 08807; Lic. No. 039197; Cal. No. 22711; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, 1 year probation, $1,000 fine.

 

            Drug Store, Inc. d/b/a Victory Drugs Pharmacy; Pharmacy; 2204 Victory Boulevard, Staten Island, NY 10314; Reg. No. 024721; Cal. No. 22712; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, 1 year probation.

 

            Associated Healthcare Systems, Inc.; Pharmacy; 1031 Main Street, Buffalo, NY 14203; Reg. No. 023083; Cal. No. 22732; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, $5,000 fine.

 

            Paul Rudolph Carlson; 21 Dover Drive, Delmar, NY 12054-9720; Lic. No. 026953; Cal. No. 22742; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

 

            Kenneth Ferst; 418 East 77th Street, New York, NY 10021; Lic. No. 028907; Cal. No. 22762; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation, $5,000 fine.

 

            Aqeel Ahmed Ghouri; 16 Baldwin Lane, Scarsdale, NY 10583; Lic. No. 042472; Cal. No. 22763; Application for consent order granted; Penalty agreed upon: $5,000 fine, plan of continuing education as set forth in consent order application; instant penalty shall be in addition to penalty previously imposed under Order No. 21995, and instant Order shall not supersede, supplant, terminate or in any way alter Order No. 21995 or the penalties imposed thereunder.

 

            Steven R. Slabyk; 3458 Stone Road, Middleport, NY 14105-9710; Lic. No. 030327; Cal. No. 22807; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,000 fine.

 

            Lauren Hyeryun Min; 321 North Kenmore Avenue, Los Angeles, CA 90004; Lic. No. 040004; Cal. No. 22818; Application for consent order granted; Penalty agreed upon: 6 month actual suspension, 18 month stayed suspension, 2 years probation if and when return to practice in New York, $1,000 fine payable within 5 months.

 


Physical Therapy

 


            Sergio Zappala;

CNY Physical Therapy & Aquatic Center, 401 N. Main Street, N. Syracuse, NY 13212; Lic. No. 012999; Cal. No. 22722; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,000 fine.

 





Public Accountancy

 

            Thomas Paul Hauke; Certified Public Accountant; 13 East 37th Street, New York, NY 10016; Lic. No. 053828; Cal. No. 22203; Found guilty of professional misconduct; Penalty: 5 year suspension, execution of last 2 years of suspension stayed.

 


            Martin Lawrence Goldstein a/k/a Martin Goldstein;

Certified Public Accountant; 17 Dike Drive, Monsey, NY 10952; Lic. (Cert.) No. 020814; Cal. No. 22406; Application for consent order granted; Penalty agreed upon: 1 year actual suspension, 1 year stayed suspension, 2 years probation, $5,000 fine.

 


Social Work

 


            Stephen L. Hymowitz;

Licensed Clinical Social Worker; 245 East 72nd Street, New York, NY 10021; Lic. No. 018092; Cal. No. 20397; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 33 month stayed suspension, 3 years probation, $20,000 fine.

 


            James Donald Archer;

Licensed Clinical Social Worker; 162-41 Powells Cove Boulevard, Whitestone, NY 11357; Lic. No. 041948; Cal. No. 22753; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $1,000 fine.

 


Veterinary Medicine

 


            Naum Borisovich Polonskiy;

488  85th Street, Brooklyn, NY 11209; Lic. No. 009376; Cal. No. 22073; Application for consent order granted; Penalty agreed upon: Partial actual suspension in certain area as set forth in consent order application, 1 year probation.

 

            Steven R. Weinstein; 163-11 Cross Bay Boulevard, Howard Beach, NY 11414; Lic. No. 004137; Cal. No. 22122; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $3,000 fine.

 

            Stuart Michael Gower; 2900 Stevens Street, Oceanside, NY 11572; Lic. No. 005251; Cal. No. 22727; Application for consent order granted; Penalty agreed upon: Partial actual suspension in certain area as set forth in consent order application, 1 year probation, $500 fine.