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I. REVOCATION AND SURRENDERS

 

 

 

 

regents letterhead

 

 


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 10, 2007

 


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 10, at 9:45 a.m. , 10:05 a.m., and 1:15 p.m. pursuant to a call duly sent to each Regent.


MEETING OF THE FULL BOARD, Monday, September 10, 9:45 a.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.

Roger B. Tilles

Karen Brooks Hopkins

Natalie M. Gomez-Velez

Charles R. Bendit

              Also present were the Commissioner of Education, Richard P. Mills, Counsel, Kathy Ahearn, and the Secretary, Board of Regents, David Johnson.  Regent Milton L. Cofield was absent and excused.

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

 

ACTION ITEM

 

Executive Session Motion

              MOVED, that the Board of Regents convene in Executive Session on Monday, September 10, 2007, at 9:45 a.m. for the purpose of discussing pending litigation and a personnel matter.

              Motion by:              Vice Chancellor Merryl H. Tisch

              Seconded by:           Regent Joseph E. Bowman, Jr.

              Action:                     Motion carried unanimously


MEETING OF THE FULL BOARD, Monday, September 10, 10:05 a.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

Roger B. Tilles

Karen Brooks Hopkins

Natalie M. Gomez-Velez

Charles R. Bendit

              Also present were the Commissioner of Education, Richard P. Mills, Counsel, Kathy Ahearn, and the Secretary, Board of Regents, David Johnson. 

              Chancellor Robert M. Bennett called the meeting to order at 10:05 a.m.

 

ACTION ITEMS

          

State Education Department July and August 2007 Fiscal Report

BR (A) 6

              The Board received the July and August 2007 Fiscal Report for review and acceptance.  A Variance Report is included, reflecting revenue and expenditure adjustments for federal fiscal year programs beginning July 1.

              All general fund and federal accounts are in structural balance.

              Revenue accounts are in structural balance, allowing for normal reimbursement delays in 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 2007 State Education Department Fiscal Report as presented.

              Motion by:               Regent Joseph E. Bowman, Jr.

              Seconded by:           Regent James C. Dawson

              Action:                     Motion carried unanimously

Designation of Adelaide L. Sanford as Regent Emerita

Uncoded

              MOVED, that the Secretary to the Board of Regents cast a ballot for the purpose of designating Adelaide L. Sanford as Regent Emerita, effective immediately.

              Motion by:               Regent Anthony S. Bottar

              Seconded by:           Regent Harry Phillips, 3rd

              Action:                     Motion carried unanimously

DISCUSSION ITEMS

Commissioner’s Report to the Board

              The Commissioner’s monthly written report focused on nine subject areas: 2008-09 Budget Recommendations; Contracts for Excellence; Renewing the Standards; State Aid Conceptual Proposal; New Beginning at Roosevelt UFSD; Pre-School Special Education; USNY Technology Council Recommendations; Transfer of Ownership of Proprietary Colleges; and, Teacher of the Year.

Regents 2008-09 Conceptual Proposal on State Aid to School Districts

BR (D) 5

              The Board reviewed the 2008-09 Conceptual Proposal on State Aid to School Districts.  In  October, the final conceptual 2008-09 proposal and details on funding recommendations will be considered for approval.

              The Subcommittee on State Aid reviewed legislative action relating to State Aid to school districts as well as a primer on the school aid system and examined funding for Universal Pre-Kindergarten for the 2007-08 school year and the realignment of funding formulas to program needs.  Staff have also presented updates on the implementation of the provisions of Chapter 57 of the Laws of 2007 related to increased accountability for school districts including Contracts for Excellence.

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

          


INFORMATION ITEM

Special Edition Update on the Intensive Efforts and Accomplishments to Prepare for the Opening of the 2007-08 School Year at the Roosevelt School District

BR (I) 1

              The Board received a monthly report updating progress made in the Roosevelt UFSD and next steps to support student success.

              Senior Deputy Commissioner Johanna Duncan-Poitier led the discussion, focusing on intensive efforts to prepare for the opening of the 2007-08 school year, facilities and operations improvements, future leadership, and next steps.

                          


MEETING OF THE FULL BOARD, Monday, September 10, 1:15 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

Roger B. Tilles

Natalie M. Gomez-Velez

Charles R. Bendit  

              Also present were the Commissioner of Education, Richard P. Mills, Counsel Kathy Ahearn and the Secretary, Board of Regents, David Johnson.   Regent Karen Brooks Hopkins was absent and excused.

              Chancellor Robert M. Bennett called the meeting to order at 1:15 p.m.

 
CONSENT AGENDA ITEMS

Appointments to the Regents Advisory Council on Libraries

BR (CA) 1

              MOVED, that the Board of Regents approve Timothy Johnson, who had filled an unfulfilled term, be reappointed and Gerald Nichols and Jill Hurst-Wahl be appointed to the Regents Advisory Council on Libraries for terms beginning October 1, 2007 and ending September 30, 2012; and that Sara Kelly Johns be appointed to fill an unfulfilled term beginning October 1, 2007 and ending September 30, 2010.

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

BR (CA) 2

              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 Cohoes City School District in an amount not to exceed $13,500,000 to reconstruct, renovate, and construct additions and improvements to various district buildings and sites and the issuance of such bonds and/or bond anticipation notes in excess of the constitutional debt limit of said school district.

Adoption of the Proposed Amendment to the Regulations of the Commissioner Relating to the Education of Pupils with Limited English Proficiency

BR (CA) 3

              MOVED, that the title of Part 154 of the Regulations of the Commissioner of Education and paragraph (1) of subdivision (d) of section 154.2 of the Commissioner’s Regulations be amended, that sections 154.3 and 154.4 be repealed, and that a new section 154.3 be added, as submitted, effective October 4, 2007, and it is further

              MOVED, that the title of Part 154 of the Regulations of the Commissioner of Education and paragraph (1) of subdivision (d) of section 154.2 of the Commissioner’s Regulations be amended, that sections 154.3 and 154.4 be repealed, and that a new section 154.3 be added, as submitted, effective September 27, 2007, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare in order to ensure that the emergency rule adopted at the June Regents meeting, remains continuously in effect until the effective date of its adoption as a permanent rule.

Proposed Amendment to the Regulations of the Commissioner Relating to Program Requirements for Students in Prekindergarten and Kindergarten

BR (CA) 4

              MOVED, that subdivision (a) of section 100.3 of the Regulations of the Commissioner be amended, as submitted, effective October 4, 2007.

Adoption of the Proposed Amendment to the Regulations of the Commissioner Relating to Instructional Computer Hardware

BR (CA) 5

              MOVED, that section 21.3 of the Rules of the Board of Regents and section 100.12 of the Regulations of the Commissioner of Education be amended, as submitted, effective October 4, 2007.

Proposed Amendment to the Regulations of the Commissioner of Education Relating to State Aid Awards for High Needs Nursing Programs at Certain Independent Colleges and Universities

BR (CA) 6

              MOVED, that section 150.2 of the Regulations of the Commissioner of Education be amended and Section 150.4 be added, as submitted, effective October 4, 2007; and

              MOVED, that section 150.2 of the Regulations of the Commissioner of Education be amended and section 150.4 be added, as submitted, effective September 27, 2007, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare in order to ensure that the emergency rule adopted at the June Regents meeting remains continuously in effect until the effective date of its adoption as a permanent rule.

Proposed Amendment to the Regulations of the Commissioner Relating to Diagnostic Screening of Students

BR (CA) 8

              MOVED, that Part 117, be amended, as submitted, effective October 4, 2007.

Proposed Amendment to the Regulations of the Commissioner of Education Relating to Student Eligibility for the Higher Education Opportunity Program

BR (CA) 9

              MOVED, that Subdivision (b) of section 27-1.1 of the Rules of the Board of Regents be amended, as submitted, effective October 4, 2007.

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

BR (CA) 10

              MOVED, that the Regents approve the proposed master plan amendment of the State University of New York, effective September 10, 2007, to authorize the SUNY College of Technology at Delhi to establish an upper-division nursing program leading to the Bachelor of Science in Nursing degree.

Appointments and Reappointments of Members to the State Boards for the Professions; 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) 11

              MOVED, that the Regents approve the proposed appointments.

Report of the Committee on the Professions Regarding Licensing Petitions

BR (CA) 12

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

Master Plan Amendment: Cayuga Community College, Fulton Campus, Associate Applied Science (A.A.S.) degree in Early Childhood

BR (CA) 14

              MOVED, that the Board of Regents approve the amendment to the master plan for the State University of New York authorizing Cayuga Community College, Fulton Campus, to offer an Associate in Applied Science (A.A.S.) degree in Early Childhood.  This amendment will be effective until September 11, 2008, unless the program is registered by the Department prior to that date, in which case master plan amendment shall be without term.

Charter Applications for September 2007

BR (CA) 15

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

Summary of the July 2007 Meeting

BR (A) 2

              MOVED, that the Board approve the Summary of the July 2007 Meeting of the Board of Regents of The University of the State of New York be approved.

Consent Agenda Vote

              MOVED, that the Board of Regents approve by consent the following coded items: BR (CA) 1-6, BR (CA) 8-12, 14-15, and BR (A) 2.

              Motion by:               Regent Geraldine D. Chapey

              Seconded by:           Regent Joseph E. Bowman, Jr.

             Action:                      Motion carried unanimously

ACTION ITEM

Appointment to the Position of Executive Secretary, State Board for Medicine, Athletic Trainers Committee, Medical Physics Committee, State Board for Dietetics and Nutrition, and State
Board for Veterinary Medicine

BR (A) 7

              MOVED, that Walter Ramos be appointed as Executive Secretary to the State Board for Medicine, the Athletic Trainers Committee, the Medical Physics Committee, the State Board for Dietetics and Nutrition, and the State Board for Veterinary Medicine, effective immediately.

              Motion by:               Regent James R. Tallon, Jr.

              Seconded by:           Regent Geraldine D. Chapey

             Action:                      Motion carried unanimously


DISCUSSION ITEMS

USNY Technology Policy and Practices Council: Report and Recommendations

BR (D) 4

              The co-chairs of the USNY Technology Policy and Practices Council (TPPC), Dr. Ellen Meier and Dr. Donald Jacobs, presented the findings of a study on the use of technology as it applies to teaching and learning in New York.

              Based upon the findings of the study, the Council offered eight recommendations for consideration by the Board:

  • The State Education Department (SED) needs to undertake and lead the development of a statewide network that takes advantage of the existing NYSERNET, BOCES, SUNY and other network infrastructure in the State and leverages the size of a statewide network to bring more uniform, broadband capacity and lower costs to schools across the State;
  • The SED should consider establishing and publishing acceptable standards and benchmarks for the acquisition, implementation and use of technologies to support teaching and learning;
  • The SED should consider establishing and publishing standards and expectations for the creation and organization of digital content in all of the State’s museums and cultural organizations for use by the K-16 community and aggressively explore ways in which federal and state funds can be used to support the development and distribution of cultural organization and museum-based educational content, including audio, video and digital “learning objects” to schools across the State;
  • The SED should consider participating in the “National Partnership for 21st Century Skills” as several other states have done;
  • The SED should consider updating the requirements for ongoing professional development of teachers to address the use and integration of technologies in teaching and learning;
  • The SED should continue to focus on preparing New York’s future teachers to teach using technology;
  • The  SED should consider establishing standards in the use and integration of technologies in teaching and learning for school leadership preparation programs as well as updating requirements for ongoing professional development of school leaders at the district and building levels; and,
  • Creation and staffing of a USNY Office of Instructional Technologies in SED with leadership that reports to senior management.

Commissioner Richard P. Mills asked the co-chairs to prepare a budget proposal to establish a statewide broadband capacity taking advantage of the existing infrastructure in the State, for inclusion in the Regents 2008-09 budget priorities.

        

The New York State School for the Blind (NYSSB)

BR (D) 3

              The Board received an overview of a proposal to implement possible revisions to the current structure and administration of the day and/or residential program at the New York State School for the Blind.

              It was the consensus of the Board to support the issuance of a Request for Proposals to seek an external consultant to evaluate potential options and make recommendations regarding the future operation of the school.


MISCELLANEOUS

National Association of State Boards of Education (NASBE)

(Uncoded)
 

              Regent James C. Dawson reviewed the proposed revisions to the NASBE Bylaws and Public Policy Positions, which will be  considered at the Association’s annual business meeting in October.

              Following discussion, the Board reached consensus in supporting the proposals.


BOARD RETREAT

              The Board convened at 3:00 p.m. on Monday, September 10, in the Cultural Education Center, Albany, for a two-day Retreat, concluding at 12:00 p.m. on Tuesday, September 11.  The discussions, facilitated by Chancellor Robert M. Bennett, focused on the performance agreement with the Commissioner, Article VII responsibilities, the P-16 Plan, and budget priorities.

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  Saul B. Cohen

              Action:                     Motion carried unanimously

 


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 10, 2007.  All members were present. 

ACTION ITEMS

Regulations

Your Committee recommends that the Board of Regents repeal the emergency action taken at the July 25, 2007 meeting, which repealed Subpart 151-1 and added a new Subpart 151-1 of the Regulations of the Commissioner of Education relating to Universal Prekindergarten, effective September 18, 2007.   Your Committee further recommends that the Board of Regents repeal Subpart 151-1 of the Regulations of the Commissioner of Education and a new Subpart 151-1 be added, as submitted, effective September 18, 2007, as an emergency action for the preservation of the general welfare to immediately adopt revisions to the rule made in response to public comment and to otherwise ensure that the emergency rule adopted at the May Regents meeting, and readopted at the July Regents meeting, remains continuously in effect until the effective date of its adoption as a permanent rule.  [BR (A) 4]

Your Committee recommends that the Board of Regents amend the Regulations of the Commissioner of Education relating to the 2004 Reauthorization of the Individuals with Disabilities Education Act and also approve a second emergency adoption of the rule, as submitted, effective October 4, 2007.  [BR (A) 5]

Your Committee received an update on the process for review and approval of the Contracts for Excellence including the request for performance targets from contract districts in response to direction from the Regents to have this data prior to approval of the contracts.  Members of the Committee asked a number of questions about accountability and use of funds by districts for the students most at need.  Committee members made suggestions on particular accountability issues. The Regents suggested that a report be prepared outlining the implementation process used in order to make the entire process transparent to the public, the Legislature and the Governor.  Committee members asked for additional information on the accountability standards used and the monitoring that the Department will perform.  Your Committee recommends that the Board of Regents add, by emergency adoption and in accordance with Chapter 57 of the Laws of 2007 (Article VII), section 100.13 of the Regulations of the Commissioner and amend paragraph (1) of subdivision (e) of section 170.12 as submitted, effective September 29, 2007, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare in order to ensure that the emergency rule adopted at the April Regents meeting, and revised and readopted at the June and July Regents meetings, remains continuously in effect until the effective date of its adoption as a permanent rule.  [BR (A) 1]

MOTION FOR ACTION BY FULL BOARD

Mr. Chancellor and Colleagues:  Your Elementary, Middle, Secondary and Continuing Education – Vocational and Educational Services for Individuals with Disabilities 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 10, 2007, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

Temporary Task Force on Preschool Special Education – The Committee heard a presentation and discussed the status of activities of the Temporary Task Force on Preschool Special Education.  [BR (D) 2]

Excelsior Scholars Program and Grants to Summer Institutes for Mathematics and Science – The Committee discussed proposed regulations that establish the Excelsior Scholars Program and Summer Institutes for Math and Science, as added by Chapter 57 of the Laws of 2007.  The proposed amendment will be submitted for emergency action at the October meeting and final action at the December meeting.  [BR (D) 1]

 


REGENTS COMMITTEE ON HIGHER EDUCATION


AND PROFESSIONAL PRACTICE

Your Higher Education and Professional Practice Committee held its scheduled meeting on September 10, 2007.   All members were present at the public session.  All members were present at the executive session 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 4 cases.  In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 39 consent order applications and 4 surrender applications be granted.

              These recommendations are made following the review of 47 cases involving seven registered professional nurses, five dentists, five licensed practical nurses, five licensed practical nurses who are also registered professional nurses, four pharmacies, three certified public accountants, three pharmacists, two architects, one acupuncturist, one architect professional corporation, one clinical laboratory technician, one clinical laboratory technologist, one licensed clinical social worker, one podiatrist, one respiratory therapy technician, and one veterinarian.

Restoration Petitions

Voted, that the Board of Regents deny the petition for restoration of the physician license of Anthony Reddy. (HE&PP EXS (A) 4)

Identification of Ability-to-Benefit Tests

              Your Committee recommends that the Board of Regents identify Accuplacer, ASSET, and COMPASS as acceptable ability-to-benefit tests, as required under section 661(4)(d) and (e) of the Education law (as added by Chapter 57 of the Laws of 2007) and section 145-2.15 of the Regulations of the Commissioner of Education.  Your Committee further recommends that the Board of Regents identify CELSA as an acceptable ability-to-benefit test with the condition that passing scores approved by the Regents for that test be accompanied by Regents-approved passing scores on the numerical/qualitative elements of the Accuplacer, ASSET, or COMPASS tests.  [BR (CA) 13]

Regulations

Your Committee recommends that the Board of Regents amend subparts 80-1, 80-3, 80-4 and 80-5 of the Regulations of the Commissioner of Education relating to the requirements for teachers’ certificates and teaching practice.  The Committee asked some clarifying questions about the application of the provisions of these regulations.  The effective date of the proposed amendment is October 4, 2007.  [BR (CA) 7]

Your Committee recommends that the Board of Regents add, by emergency adoption and in accordance with Chapter 57 of the Laws of 2007 (Title VII), section 145-2.15 to the Regulations of the Commissioner of Education relating to the administration of ability-to-benefit tests for eligibility for awards.  Changes were made to the proposed regulations that the Regents approved by emergency action in June to respond to public comment received.  It is anticipated that these Regulations will be brought back for confirmation as a permanent rule at the October 2007 Regents meeting.  [BR (A) 3]

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 10, 2007, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

              Your Committee discussed several topics of interest, including:

  • Degree-Conferring Authority for Proprietary Colleges and Private Equity Companies.  The Committee discussed the application of the Regents new standards for the transfer of degree-conferring authority for a proprietary college when the proposed purchaser is a private equity company.  This discussion sets the context for the Committee’s discussion in October about the proposed approval of the transfer of degree-conferring authority for Bryant & Stratton College.  This would be the first such approval since the Regents enacted their new standards for these transfers.

Appendix I

NEW YORKSTATE BOARD OF REGENTS CHARTER ACTIONS

CULTURAL EDUCATION

ABSOLUTE CHARTER

TOWN OF LAKE PLEASANT PUBLIC LIBRARY

Lake Pleasant, Hamilton County

A provisional charter was granted to this corporation by action of the Board of Regents on September 13, 2002 to operate a public library. 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 CHARTERS

EAST HOUNSFIELD FREE LIBRARY

East Hounsfield, Jefferson County

A provisional charter was granted to this corporation by action of the Board of Regents on April 1, 1909 to operate an association library.  Such provisional charter was made absolute by Regents action on July 2, 1913.  The board of trustees has applied for an amendment to the absolute charter to designate the Commissioner of Education as agent of the corporation upon whom process in any action or proceeding against it may be served and to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3). The Office of Cultural Education recommends that the absolute charter be amended accordingly.

HEPBURN LIBRARY OF LISBON

Lisbon
, St. Lawrence County

An absolute charter in the first instance was granted to this corporation by action of the Board of Regents on September 3, 1920 to operate a library.  Such absolute charter was amended by Regents action on September 20, 1946.  The board of trustees has applied for an amendment to the absolute charter to designate the Commissioner of Education as agent of the corporation upon whom process in any action or proceeding against it may be served and to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3). The Office of Cultural Education recommends that the absolute charter be amended accordingly.

LIVONIA
PUBLIC LIBRARY

Livonia
, Livingston County

An absolute charter in the first instance was granted to this corporation by action of the Board of Regents on September 26, 1952 to operate a public library.  The board of trustees has applied for an amendment to the absolute charter to designate the Commissioner of Education as agent of the corporation upon whom process in any action or proceeding against it may be served; to state that the number of trustees shall be not less than five nor more than eleven; and to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3).  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

PROVISIONAL CHARTER

FRISBIE
HOMESTEAD MUSEUM

Spencer (Town of Barton), Tioga County

The board of trustees has petitioned the Board of Regents to form a corporation to establish and maintain a history museum to be known as the Frisbie Homestead Museum in the Town of Barton, County of Tioga, and State of New York;  to collect, own, hold, maintain, preserve, and make available original agricultural equipment, household appliances, and other tools and items from the 1800’s and early 1900’s;  to open the Frisbie Homestead Museum for public visitation; to arrange, create, and maintain exhibits and displays about local history; to promote and support historical research and scholarships, issue publications in all formats, and organize historical and cultural activities, programs, and events for the public, including, but not limited to, local school children.  The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

EXTENSION OF CHARTERS

GREATER PATCHOGUE HISTORICAL SOCIETY

Patchogue, Suffolk County

A provisional charter was granted to this corporation by action of the Board of Regents on July 30, 1982 to operate and establish a historical society.  Such provisional charter was extended by Regents action on March 18, 1994; amended on November 4, 1994; and extended on June 13, 2000. The board of trustees has petitioned for an extension of the provisional charter. The Office of Cultural Education recommends that the provisional charter be extended for a period of five years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

POINT CHAUTAUQUA HISTORICAL PRESERVATION SOCIETY

Dewittville
, Chautauqua County

A provisional charter was granted to this corporation by action of the Board of Regents on June 9, 1995 to operate and establish a historical society.  Such provisional charter was extended by Regents action on December 15, 2000.  The board of trustees has petitioned for an extension of the provisional charter. The Office of Cultural Education recommends that the provisional charter be extended for a period of five years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

SOUTHEAST STEUBEN COUNTY LIBRARY 

Corning
, Steuben County

A provisional charter was granted to this corporation by action of the Board of Regents on July 14, 2000 to operate an association library.  The board of trustees has applied for an absolute charter.  The Office of Cultural Education recommends that the provisional charter be extended for a period of five years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

TOWN OF YORK HISTORICAL SOCIETY

York
, Livingston County

A provisional charter was granted to this corporation by action of the Board of Regents on September 15, 1989 to operate and establish a historical society.  Such provisional charter was extended by Regents action on February 7, 1996 and June 18, 2002. The board of trustees has petitioned for an extension of the provisional charter.  The Office of Cultural Education recommends that the provisional charter be extended for a period of five years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

CERTIFICATE OF INCORPORATION

THE SHEEPSHEAD BAY HISTORICAL SOCIETY OF BROOKLYN

Manhasset, Nassau County

The board of trustees has petitioned the Board of Regents to form a corporation to promote the understanding of the history of Sheepshead Bay, a neighborhood of Brooklyn (a borough of New York City in New York State);  to disseminate information about the history of the neighborhoods of Sheepshead Bay;  to publish material using a variety of media for use in the study of the history of Sheepshead Bay;  to conduct workshops and conferences about the history of the neighborhoods of Sheepshead Bay;  to provide a newsletter to enable effective communication between Sheepshead Bay and other neighborhood historical societies in Brooklyn and other New York State communities;  to conduct tours of the neighborhoods of Sheepshead Bay; to identify historic sites in the neighborhoods of Sheepshead Bay;  to support the preservation of historical sites in Sheepshead Bay;  to provide assistance in the identification of archival material relevant to the  history of Sheepshead Bay;  to promote events focusing on the multi-cultural diversity in the history of Sheepshead Bay.  The corporation is not authorized to operate or maintain a museum, or to own or hold collections.  The Office of Cultural Education recommends that a certificate of incorporation be issued.

APPROVAL OF AMENDED BYLAWS

EDUCATIONAL BROADCASTING CORPORATION

New York City
, New York
County

The board of trustees has submitted for the approval of the Board of Regents the bylaws amended by vote of the trustees on January 18, 2007.  The Office of Cultural Education recommends that the amended bylaws of the Educational Broadcasting Corporation be approved.


ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

AMENDMENT OF CHARTERS

AL-IHSAN
ACADEMY

South Richmond Hill, Queens County

A provisional charter was granted to this corporation by action of the Board of Regents on October 13, 1989 to operate a grade one through eight elementary school.  Such provisional charter was amended and extended by Regents action on March 26, 1993 and September 18, 1998.  Such provisional charter was amended by Regents action on February 11, 2003 to change the corporate name to “Al-Ihsan Academy” and to add authority for the corporation to also operate a grade nine through twelve secondary school and, as so amended, extended.  The board of trustees has applied for an amendment to the provisional charter to add authority for the corporation to also operate a nursery school for preschool children three to five years of age, a universal pre-K program, and a kindergarten for five year olds and, as so amended, for a further extension of the provisional charter. The Office of Nonpublic School Services recommends that the provisional charter be amended accordingly and, as so amended, extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

MY FIRST SCHOOL

Floral Park, Nassau County

A provisional charter was granted to this corporation by action of the Board of Regents on June 22, 2004 to operate a nursery school for preschool children. The board of trustees has applied for an amendment to the provisional charter to add authority for the corporation to also operate a Mommy and Me program for children 18 months to three years of age and, as so amended, for a further extension of the provisional charter. The Office of Nonpublic School Services recommends that the provisional charter be amended accordingly and, as so amended, extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

PROVISIONAL CHARTER

OLD
FIRST NURSERY SCHOOL

Brooklyn, Kings County

The board of trustees has petitioned the Board of Regents to form a corporation to conduct a nursery school for preschool children from three to five years of age and a universal pre-kindergarten program for four year olds. The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.

EXTENSION OF PROVISIONAL CHARTERS

ATERES
BAIS YAAKOV ACADEMY OF ROCKLAND

Monsey, Rockland County

A provisional charter was granted to this corporation by action of the Board of Regents on July 17, 2003 to operate a nursery school, kindergarten and a grade one through twelve school.  The board of trustees has petitioned for an extension of the provisional charter. The Office of Nonpublic School Services recommends that the provisional charter be extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

MANHATTAN
CHRISTIAN ACADEMY

New York City
, New York
County

A provisional charter was granted to this corporation by action of the Board of Regents on June 22, 2004 to operate a grade one through twelve school.  The board of trustees has petitioned for an extension of the provisional charter. The Office of Nonpublic School Services recommends that the provisional charter be extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.


HIGHER AND PROFESSIONAL EDUCATION


AMENDMENT OF CHARTER

ALUMNI ASSOCIATION OF THE STATE UNIVERSITY OF NEW YORK AT ALBANY

Albany
, Albany County

An absolute charter in the first instance was granted to this corporation by action of the Board of Regents on February 27, 1964.  Such absolute charter was amended by Regents action on March 26, 1965 and June 9, 1998.  The board of trustees has applied for an amendment to the absolute charter to substitute dissolution language in paragraph seven of its charter to state that the net assets of the corporation shall be distributed to the University or to a University-approved entity organized for similar purposes.  The Office of Higher Education recommends that the absolute charter be amended accordingly.

ASSOCIATED UNIVERSITIES, INC.

Upton
, Suffolk County

An absolute charter in the first instance was granted to this corporation by action of the Board of Regents on July 18, 1946 to operate laboratories and other facilities under contract with Government or its agencies for research   Such absolute charter was amended by Regents action on February 29, 1952, May 25, 1956, April 24, 1964, April 23, 1965 and March 13, 1996. The board of trustees has applied for an amendment to the absolute charter to change the corporation’s principal place of business and address to the City of Washington, District of Columbia.  The Office of Higher Education recommends that the absolute charter be amended accordingly.

CAZENOVIA
COLLEGE

Cazenovia, Madison County

This corporation was incorporated by Special Act of the Legislature pursuant to Chapter 86 of the Laws of 1825 under the corporate name “The Seminary of the Genesee Conference”; that such absolute charter was amended by Chapter 70 of the Laws of 1829 to change the corporate name to “The Seminary of the Genesee and Oneida Conferences,” by Chapter 242 of the Laws of 1835 to change the corporate name to “The Oneida Conference Seminary” and by Chapter 36 of the Laws of 1847.  Such absolute charter and was further amended by Regents action on August 3, 1870 to change the corporate name to “The Central New York Conference Seminary,” January 8, 1874 to change the corporate name to “The Cazenovia Seminary,” July 6, 1875, July 10, 1890, December 3, 1903, April 19, 1934, March 22, 1943, January 16, 1948 to change the corporate name to “Cazenovia Junior College” and to restate the charter in its entirety, July 21, 1950, October 27, 1961 to change the corporate name to “Cazenovia College,” March 28, 1969, November 18, 1988, June 25, 1993 and April 28, 1995.  The board of trustees has applied for an amendment to the absolute charter to increase the maximum number of trustees from 30 to 36.  The Office of Higher Education recommends that the absolute charter be amended accordingly.

ROBERTS
WESLEYAN COLLEGE

Rochester
, Monroe County

A provisional charter was granted to this corporation by action of the Board of Regents under the corporate name “The Chili Seminary” on January 14, 1869 to operate a secondary school. Such provisional charter was amended by Regents action on January 7, 1885 to change the corporate name to “The A.M. Chesbrough Seminary”; April 20, 1945 to include a name change to “Roberts Junior College”; April 22, 1949 to include a name change to “Roberts Wesleyan College”; extended by Regents action on June 27, 1952 and was made absolute by Regents action on May 22, 1953.  Such absolute charter was amended by Regents action on July 29, 1983, July 26, 1991, November 4, 1994, April 24, 1996, March 16, 1999 and June 18, 2002. 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 Music (M.M.).  The Office of Higher Education recommends that the absolute charter be amended accordingly.

 

Appendix II

REGENTS ACTIONS IN 47 PROFESSIONAL DISCIPLINE CASES

AND 1 RESTORATION PETITION

September 10, 2007

              The Board of Regents announced disciplinary actions resulting in the revocation of 1 license, surrender of 4 licenses, and 42 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 1 restoration petition.

Acupuncture

              Peter Cunneen; 167 Benedict Avenue, Tarrytown, NY 10591; Lic. No. 000603; Cal. No. 23501; Application to surrender license granted.  Summary: Licensee admitted to the charge of practicing the profession of acupuncture while his license was suspended.

Dentistry

              Anthony W. Richardson; 220-15 109th Avenue, Queens Village, NY 11429; Lic.No. 038390; Cal. No. 22908; Found guilty of professional misconduct; Penalty: Revocation. 

Nursing

              Carol Marie Churchill; Registered Professional Nurse; 4912 North Jefferson Street, Pulaski, NY 13142; Lic. No. 536923; Cal. No. 23406; Application to surrender license granted.  Summary: Licensee admitted to charges of failing to notify a physician of a patient’s condition, failing to document treatments and failing to use appropriate patient transfer protocols.

              Karen Anne Lindsey; Registered Professional Nurse; 14 Delmar Place, Delmar, NY 12054; Lic. No. 489590; Cal. No. 23540; Application to surrender license granted.  Summary: Licensee did not contest the charge of falsely documenting that controlled substances were administered to patients.

Public Accountancy

              Wayne Jay Forman; Certified Public Accountant; 70 Longfellow Road, Great Neck, NY 11023-1912; Lic. No. 052287; Cal. No. 23552; Application to surrender license granted.  Summary: Licensee admitted to the charge of having been convicted of Grand Larceny in the 2nd Degree, a class C felony.


II. OTHER REGENTS DISCIPLINARY ACTIONS


Architecture

              Noel Tung Wan Wong; 414 Broadway, New York, NY 10013; Lic. No. 026782; Cal. No. 22026; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 24 months probation, $10,000 fine.

              Noel Wong Architect P.C.; 767 Third Avenue, New York, NY 10017; Cal. No. 22027; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 24 months probation.

              Stephen L. Cohan; 171 Madison Avenue, New York, NY 10016; Lic. No. 011222; Cal. No. 23156; Application for consent order granted; Penalty agreed upon: 1 year actual suspension, 1 year stayed suspension, 2 years probation.


Clinical Laboratory Practitioner

              Dharti K. Patel; Clinical Laboratory Technician; 39-82 65th Place, Woodside, NY 11377-3794; Cert. No. 000404; Cal. No. 23413; Application for consent order granted; Penalty agreed upon: Annulment of certificate to practice as a clinical laboratory technician.

              ShamsulRahman; Clinical Laboratory Technologist; 284 East 8th Street, Brooklyn, NY 11218-4206; Lic. No. 005364; Cal. No. 23416; Application for consent order granted; Penalty agreed upon: Annulment of license to practice as a clinical laboratory technologist.


Dentistry

              Robert Joshua Wind; 2 Executive Boulevard, Suffern, NY 10901; Lic. No. 044634; Cal. No. 22611; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $5,000 fine.

              Thomas Charles Burm, Jr.; 2800 Lyell Spencerport Road, Spencerport, NY 14559; Lic. No. 047956; Cal. No. 23040; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice, upon termination of suspension 3 years probation if and when return to practice, $1,500 fine.

              Paul James Siu; 57 West 58 Street, New York, NY 10019; Lic. No. 041252; Cal. No. 23317; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,000 fine.

              Herbert Franklin Fenton a/k/a Herbert Fenton; 12 Park Drive, Mt. Kisco, NY 10549; Lic.No. 029341; Cal. No. 23367; Found guilty of professional misconduct; Penalty: 2 years suspension, execution of last 21 months of suspension stayed.


Nursing

              Yasmine Nelson Hall; Licensed Practical Nurse; 1170 Nameoke Street, Far Rockaway, NY 11691; Lic. No. 247869; Cal. No. 21531; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,000 fine.

              Maureen Mauverick Barham; Licensed Practical Nurse; 4181 Dereimer Avenue, Bronx, NY 10466; Lic.No. 213709; Cal. No. 22304; Found guilty of professional misconduct; Penalty: 1 year suspension, execution of suspension stayed; probation 2 years.

              Irene Sara Chaffee; Licensed Practical Nurse, Registered Professional Nurse; 149 Church Street, Hoosick Falls, NY 12090; Lic. Nos. 128225, 442412; Cal. Nos. 22986, 22985; Application for consent order granted; Penalty agreed upon: 2 month actual suspension, 10 month stayed suspension, 1 year probation, $500 fine.

              Barbara L. Jockers; Registered Professional Nurse; 26 Guardian Drive, Mount Sinai, NY 11766; Lic. No. 500027; Cal. No. 23028; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month suspension, 2 years probation.

              Michael J. Vickner; Registered Professional Nurse; 528 Third Street, Newburg, NY 12550; Lic. No. 301440; Cal. No. 23076; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation, $1,000 fine.

              Diane Lynn Westlake; Licensed Practical Nurse, Registered Professional Nurse; 49 Wall Street, Auburn, NY 13021; Lic. Nos. 164290, 362099; Cal. Nos. 23131, 23132; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension of no less than 3 months and until fit to practice, upon termination of suspension 2 years probation upon return to practice.

              Jenny Aja Uguru; Registered Professional Nurse; 130 Lenox Road, Brooklyn, NY 11226; Lic. No. 533709; Cal. No. 23149; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation.

              Christine D. McCargar; Licensed Practical Nurse; 736 Coffeen Street, Watertown, NY 13601-1343; Lic. No. 062862; Cal. No. 23154; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $250 fine.

              Larry Keith Henderson a/k/a Larry K. Henderson; Licensed Practical Nurse, Registered Professional Nurse; 260 Locust Avenue, Freeport, NY 11520; Lic. Nos. 178685, 432336; Cal. Nos. 23209, 22551; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation.

              Martha Jane Swartz; Licensed Practical Nurse, Registered Professional Nurse; 215 Bridge Street, Corning, NY 14830; Lic. Nos. 172326, 372539; Cal. Nos. 23360, 23359; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

              Gale C. Knight; Registered Professional Nurse; 820 Colgate Avenue, Bronx, NY 10473-4861; Lic. No. 292131; Cal. No. 23389; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $5,000 fine.

              Doris Raniolo a/k/a Doris B. Raniolo; Licensed Practical Nurse, Registered Professional Nurse; 136 Fillmore Street, Massapequa Park, NY 11762-1510; Lic. Nos. 126972, 341525; Cal. Nos. 23412, 23411; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation.

              Lori A. Souliske; Licensed Practical Nurse; 5300 Southview Drive, Lockport, NY 14094; Lic. No. 247677; Cal. No. 23421; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for a minimum of 9 months and until fit to practice, upon termination of suspension 2 years probation if and when return to practice.

              Kelly Lynn Klock; Licensed Practical Nurse; 8766 Lovere Trail, Cicero, NY 13039; Lic. No. 228778; Cal. No. 23427; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

              Jodi Michele Scott; Registered Professional Nurse; 753 Route 82, Hopewell Junction, NY 12553; Lic. No. 488914; Cal. No. 23477; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $750 fine.


Pharmacy

              AniMonachan Mathai; 34 Irving Lane, New Hyde Park, NY 11040; Lic. No. 044753; Cal. No. 23325; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,000 fine.

              Jorge Luis Winter; 1900 Stanley Drive, Merrick, NY 11566-5320; Lic. No. 032066; Cal. No. 23354; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $5,000 fine.

              M & J Chemists Inc. d/b/a Ocean Chemists; Pharmacy; 1900 Stanley Drive, Merrick, NY 11566; Reg. No. 016988; Cal. No. 23355; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, $5,000 fine.

              Lincoln Place Pharmacy Inc.; Pharmacy; 1135 Eastern Parkway, Brooklyn, NY 11213; Reg. No. 023440; Cal. No. 23381; Application for consent order granted; Penalty agreed upon: $5,000 fine.

              Rite Aid of New York, Inc. #4297; Pharmacy; 1900 Grant Boulevard, Syracuse, NY 13208; Reg. No. 023516; Cal. No. 23390; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, $5,000 fine.

              Rite Aid of New York, Inc. #1193; Pharmacy; 3 Main Street, Delhi, NY 13753-1109; Reg. No. 017356; Cal. No. 23401; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, $5,000 fine.

              Scott Burko; 69 Stonewall Circle, West Harrison, NY 10604; Lic.No. 036863; Cal. No. 23425; Found guilty of professional misconduct; Penalty: 3 month suspension.


Podiatry

              Stephen Bradley Ravitz; 63 Main Street, Kings Park, NY 11754; Lic. No. 004798; Cal. No. 23321; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $10,000 fine.


Public Accountancy

              G. William Hatfield; Certified Public Accountant; 131 Main Street, Oneida, NY 13421; Lic. No. 033353; Cal. No. 23165; Application for consent order granted; Penalty agreed upon: 6 month actual suspension, 30 month stayed suspension, 3 years probation, $5,000 fine.

              Peter Mertz; Certified Public Accountant; 226 East 85th Street, New York, NY 10028-3088; Lic. No. 044599; Cal. No. 23420; Application for consent order granted; Penalty agreed upon: 6 month actual suspension, 18 month stayed suspension, 2 years probation, $5,000 fine.


Respiratory Therapy

              Barbara Esther Listengart a/k/a Night; Respiratory Therapy Technician; 147 West Gray Street, Elmira, NY 14901; Lic. No. 000354; Cal. No. 23383; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for a minimum of 3 months and until fit to practice, upon termination of suspension 2 years probation to commence upon return to practice.


Social Work

              Justine Serena Tomkin; Licensed Clinical Social Worker; 121 Stonehurst Lane, Dix Hills, NY 11746; Lic. No. 025354; Cal. No. 23357; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $750 fine.


Veterinary Medicine

              Kathleen Seitel West; 114 Southside Drive, Owego, NY 13827; Lic. No. 004958; Cal. No. 23326; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $2,000 fine.

III. RESTORATION

The Board of Regents voted on September 10, 2007 to deny the petition for restoration of the physician license of Anthony B. Reddy, 711 Pacific Coast Highway, Huntington Beach, CA 92648. Dr. Reddy’s license was originally revoked effective July 23, 1999.