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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 15 and 16, 2008


 


David Johnson, Secretary


Board of Regents

THE BOARD OF REGENTS

              The Board of Regents of The University of the State of New York held public sessions on Monday, September 15 at 10:30 a.m. and Tuesday, September 16 at 11:30 am. pursuant to a call duly sent to each Regent.


MEETING OF THE FULL BOARD, Monday, September 15, 10:30 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

Joseph E. Bowman, Jr.

James R. Tallon, Jr.

Milton L. Cofield

Roger Tilles

Charles R. Bendit

Betty A. Rosa

Lester W. Young, Jr.

              Also present were the Commissioner of Education, Richard P. Mills, Counsel and Deputy Commissioner for Legal Affairs, Kathy Ahearn, and the Secretary, Board of Regents, David Johnson.  Regents Harry Phillips, 3rd, and Karen Brooks Hopkins were absent and excused.

              Chancellor Robert M. Bennett called the meeting to order at 10:30 a.m.


ACTION ITEM

Executive Session Motion

              MOVED, that the Board of Regents convene in Executive Session on Tuesday, September 16 at 7:30 a.m. for the purpose of discussing pending litigation and personnel matters.

              Motion by:                    Vice Chancellor Merryl H. Tisch    
             Seconded by:                 Regent Milton L. Cofield

              Action:                          Motion carried unanimously                              

 


DISCUSSION ITEM

Accelerating Graduation Rate Gains

              Commissioner Richard P. Mills framed a discussion with the Board, to be continued in the Standing Committee meetings, that will lead to policy action to accelerate recent gains in graduation rates.  The continuing conversation will focus on the gains, challenges, and context, because high school itself may be the problem.

              Three policy issues will be addressed by the Board in the continuing conversations:

  • How will the Regents and Department engage districts to produce high graduation rates?
  • How will districts be enabled to learn and use effective practices to improve graduation rates in high need districts and among Black and Hispanic males, students with disabilities, and English Language Learners?
  • Should the Regents set high graduation targets?

Results for Students with Disabilities – 2006-2007 and 2007-2008


BR (D) 1

              Deputy Commissioner Rebecca H. Cort presented academic achievement data for students with disabilities for the 2006-2007 and 2007-2008 school years and their participation rates in institutions of higher education.

 


MEETING OF THE FULL BOARD, Tuesday, September 16, 11:30 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

Joseph E. Bowman, Jr.

James R. Tallon, Jr.

Milton L. Cofield

Roger Tilles

Karen Brooks Hopkins

Charles R. Bendit

Betty A. Rosa

Lester W. Young, Jr.

              Also present were the Commissioner of Education, Richard P. Mills, Counsel and Deputy Commissioner for Legal Affairs, Kathy Ahearn, and the Secretary, Board of Regents, David Johnson.  Regent Harry Phillips, 3rd  was absent and excused.

              Chancellor Robert M. Bennett called the meeting to order at 11:30 a.m.


ACTION ITEMS

Charter Applications for September 2008


BR (A) 1

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

              Motion by:                    Regent Anthony S. Bottar

              Seconded by:                Regent James C. Dawson

              Action:                          Motion carried unanimously 

Summary of the July 2008 Meeting


BR (A) 2

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

              Motion by:                    Regent Anthony S. Bottar

              Seconded by:                Regent James C. Dawson

              Action:                          Motion carried unanimously

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


BR (A) 3

       

              MOVED, that Part 279 of the Regulations of the Commissioner of Education be amended and submitted, effective October 9, 2008.

              Motion by:                    Regent Saul B. Cohen

              Seconded by:                Regent Anthony S. Bottar

              Action:                          Motion carried unanimously

State Education Department July and August 2008 Fiscal Report


BR (A) 4

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

              A July Variance Report is included, summarizing revenue and expenditure adjustments to reflect the start of the new federal fiscal year for programs beginning July 1.

              An August Variance Report reflects the additional 7 percent General Fund State Operations spending reduction of $5,051,000 pursuant to Governor Paterson’s directive imposing additional Statewide spending reductions totaling $630 million to prevent a current year State shortfall.

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


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

         

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

              Motion by:                    Regent Saul B. Cohen

              Seconded by:                Regent James C. Dawson

              Action:                          Motion carried unanimously


CONSENT ITEM

        

Appointments to the Regents Advisory Council on Libraries


BR (CA) 1

              MOVED, that the Board of Regents approve the appointments of Bridget Quinn-Carey and John P. Monahan to the Regents Advisory Council on Libraries for terms beginning October 1, 2008 and ending September 30, 2013.

                         

              Motion by:                    Regent Anthony S. Bottar

              Seconded by:                Regent James C. Dawson

              Action:                          Motion carried unanimously


INFORMATION ITEMS

Special Edition Update on Efforts and Accomplishments for 2007-08 and Preparations for the Opening of the 2008-09 School Year at the Roosevelt School District


BR (I) 1

              The Board received an update on progress made in the Roosevelt Union Free School District in 2007-2008 and actions being taken to prepare for the 2008-2009 school year.

              Significant indicators of progress in the district were identified: new leadership is now in place; two new schools have opened and a major high school renovation project is planned; and, the district ended the 2007-2008 school year with a $13.4 million surplus, exceeding by more than $4 million the surplus projected in the Spring.

Communications Strategy


Oral

              The Board received a presentation outlining improvements and planned enhancements in the role of communications as a critical strategy for achieving the education reform agenda.  The vision is to: present a clear, consistent, powerful message; create an environment encouraging two-way communications flow; continually change the array of tools for constant improvement; and, increase knowledge about all audiences.

              New communications tools, a redesign of the Board and Department websites, and webcasting of news conferences are among the strategies to implement the demands of five principle audiences: government, the field, the general public, State Education Department staff, and the media.

             Efforts to deliver consistent messages, share good practices and receive advice on strategies will be enhanced through the cooperative input of internal and external advisory groups and an expert practitioners council.

Commissioner’s Summary


Oral

              Commissioner Richard P. Mills summarized the meeting, including significant actions and policy discussions by the Standing Committees.  These include audits and financial accountability; improving graduation rates; 2008-2009 financial summary and summary of possible 2009-2010 Regents budget priorities; report on Contracts for Excellence; a proposed interim growth model of accountability; status of academic standards review; and, a new strategy for communications.


STANDING COMMITTEE REPORTS

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

              Motion by:                    Regent Milton L. Cofield  

              Seconded by:               Regent James C. Dawson

              Action:                          Motion carried unanimously


POLICY INTEGRATION AND INNOVATION

Chancellor Robert M. Bennett, Chair of the Committee on Policy Integration and Innovation, presented on behalf of the Committee the following written report.

The PII Committee held its scheduled meeting on September 15, 2008.  Vice Chancellor Tisch, and Regents Cohen, Dawson, Bottar, Chapey, Bowman, Tallon and Cofield were present.  Regents Gardner, Tilles, Bendit, Rosa and Young also attended.  Commissioner Mills was present.

MATTERS NOT REQUIRING BOARD ACTION

Your Committee discussed the Commissioner’s Monthly Report.  The Commissioner highlighted the following:

  • SED’s strategy for communications includes a commitment to reach the public, field educators, elected officials and SED staff with a consistent message.  As the Regents and SED prepare to roll out new policy, practice, and capacity to secure still higher achievement, communications will be the major strategy. 
  • Graduation rates are improving for most groups of students, and yet too many students still do not graduate from high school.   Results improve in each successive cohort.
  • The Board will discuss in their October or November meeting the English Language Arts Standards and a draft of the review of the ELA standards.
  • The majority of Contracts for Excellence contract districts substantially implemented the contract provisions as approved.
  • Next Steps for the Growth Model involve scheduling for field review, Board evaluation of field comments and presentation to the U.S. Department of Education.
  •  Meeting Current and Future Financial Challenges; a spending reduction of $16,677,000 resulted from the combined 3.35 percent and subsequent 7 percent cuts requested by the Executive.  The reduced spending level will be the basis for the 2009-2010 Budget.

Your Committee heard a report from Terry Savo on the 2009-2010 Budget.

  • In compliance with DOB budget directives, we have cut $16.6 million from the current year and will leave 69 positions unfilled. There is no need for layoffs.
  • DOB’s directive has called for a no growth budget in 2009/20010.

MATTERS REQUIRING BOARD ACTION

Your Committee recommended that the Board convene in Executive Session on Tuesday, September 16 for the purpose of discussing pending litigation and personnel issues.

 


REGENTS COMMITTEE ON ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

Your EMSC Committee held its scheduled meeting on September 15, 2008.  All Committee members were present except for Regent Phillips who was excused.

ACTION ITEMS

ELL Testing Accommodations

Your Committee recommends that the Regents endorse the proposed policy revision to permit former ELLs appropriate testing accommodations on the New York State Testing Program for up to two school years after achieving proficiency on the NYSESLAT.  [EMSC (A) 6]

Charter Schools

Your Committee recommends that the Board of Regents approves the revisions to the initial charter of the Elmwood Village Charter School, and the provisional charter is amended accordingly.  [EMSC (A) 1]

Your Committee recommends that the Board of Regents approves the revisions to the second renewal charter of the COMMUNITY Charter School, and the provisional charter is amended accordingly.  [EMSC (A) 2]

Your Committee recommends that the Board of Regents approves and issues the first renewal charter of the Girls Preparatory Charter School of New York as proposed by the Board of Trustees of the State University of New York, and that its provisional charter be extended for a term up through and including July 31, 2010.  [EMSC (A) 3]

Your Committee recommends that the Board of Regents approves and issues the first renewal charter of the Harlem Link Charter School as proposed by the Board of Trustees of the State University of New York, and that its provisional charter be extended for a term up through and including July 31, 2010.  [EMSC (A) 4]

Your Committee recommends that the provisional charter of the Central New York Charter School for Math and Science (“Corporation”), located in the City of Syracuse, County of Onondaga, State of New York, which was granted by the Board of Regents on April 4, 2000, amended by the Board of Regents on July 14, 2000, and extended by the Board of Regents on March 15, 2005  be, and the same hereby is, dissolved, that notice to such effect be given to the board of trustees of the Corporation, that any student records be transferred to the Syracuse City School District in accordance with the provisions of Education Law §2851(2)(t), and that any remaining assets of the Corporation be distributed in accordance with the procedures set forth in Education Law §220.      [EMSC (A) 5]

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

MOTION FOR ACTION BY FULL BOARD

       

              Mr. Chancellor and Colleagues:  Your EMSC Committee recommends, and I move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on September 15, 2008, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

New YorkDigital Collection Initiative Proposal - Jeffrey W. Cannell provided brief background information and introduced two presenters, Regents Advisory Council member Jill Hurst-Wahl and State Historical Records Advisory Board representative Patricia Dohrenwend.   The Cultural Education Committee had recommended that the May 2008 presentation be repeated for the EMSC Committee because of the valuable resources the Digital Collection would make available to teachers and other educators and students.   Ms. Hurst-Wahl described the vision for this new initiative which would involve educational and historical institutions statewide and would establish a means for the long-term preservation of digital collections, assuring access to New York State’s history in digital form for future generations.  The presentation continued with Ms. Dohrenwend who discussed important aspects of proposal implementation and expressed the long-standing interest and commitment of the State Historical Record Advisory Board in building online digital collections and on-line tools and materials for use by archivists, historians, researchers, teachers, students and others interested in learning more about New York State’s history and economy.    [EMSC (D) 1]

The Achievement Gap:  What the Data Show – The Committee discussed a report that highlights where student achievement gaps exist and especially how it affects African-American and Hispanic students, English Language Learners, students with disabilities, and all other underserved students.  The report documents the achievement gap for these students and reviews what progress has been made.  Committee members made several suggestions for further focus on this topic including assembling a panel of experts – both researchers and practitioners; additional data on these student groups including attendance, placement in special education classes, and student suspension; professional development for teachers and school leaders, etc.  The suggestion was made that a plan for how to move forward on these issues and maintain focus on these topics be developed as not everything can be done at once.    [EMSC (D) 2]

Growth Model for Accountability – The Committee heard an update from Brian Gong on the development of a proposed Growth model for Accountability and directed staff to submit a preliminary proposal for use in determining adequate yearly progress beginning in school year 2008-09, to the USDE as a “placeholder” in order to meet the USDE’s October 15th deadline.  At the same time, the Committee directed staff to solicit input on possible strategies for implementing a Growth Model that will hold school districts accountable for the achievement of all students including those at or above proficient level.   Staff were also asked to provide information on current growth models being used by school districts in New York and by other states and to make recommendations on which of those models could be used to improve student performance in New York State.  Public forums on the growth model are scheduled around the State in September and October and input from these forums will be discussed with the Committee in October and will help to refine the final proposal to the USDE which the Regents will decide on in October.    [EMSC (D) 3]

Contracts for Excellence Monitoring Reports – the Committee discussed a report on the monitoring of the Contracts for Excellence in 55 school districts for the 2007-08 school year.  This report includes an outline of the monitoring process; a section on NYCDOE Class Size Reduction; the general findings from the monitoring related to the implementation of the C4Es as approved (including the public comment process for the 2007-08 Contracts, the established procedures for parent complaint, improved student performance and expectation of achievement of contract performance targets, and the public comment process for the 2008-09 Contracts); and next steps for all C4E districts.   [EMSC (D) 4]

             


REGENTS COMMITTEE ON VOCATIONAL AND EDUCATIONAL SERVICES FOR INDIVIDUALS WITH DISABILITIES

Your VESID Committee held its scheduled meeting on September 16, 2008.   All members were present.   Regents Brooks-Hopkins, Bendit and Young also attended.                                      

MATTERS NOT REQUIRING BOARD ACTION

          

              Deputy Commissioner Cort briefly discussed the implications of the budget cuts on VESID.

The Committee discussed a proposed addition to the Regulations of the Commissioner of Education which prescribes a dispute resolution mechanism regarding claims for reimbursement of costs for special education provided to a nonresident student with a disability who is parentally placed in a nonpublic school located in a school district other than the school district in which the student legally resides. (VESID (D) 1)

              The Committee had further discussion on the item on Results for Students and Individuals with Disabilities that was discussed in Full Board on Monday.  The report provided more detailed results on the performance of students with disabilities and the strategies being implemented for improving student outcomes. (VESID (D) 2)

              The Committee discussed the recommendations contained in the final report from Education Transformation Group (ETG): Evaluating Potential Options for the Future Operation of the New York State School for the Blind.  The Committee directed staff to develop and distribute a Request for Letters to identify potential qualified private operators.  (VESID (D) 3)

              Staff provided the Committee with a written update on the actions taken to date to implement the recommendations of the Temporary Task Force on Preschool Special Education but time constraints precluded discussion of this item.  (VESID (D) 4)

 

                                 REGENTS COMMITTEE ON HIGHER EDUCATION

              Your Higher Education Committee held its scheduled meeting on September 15, 2008.   All members were present except for Regent Phillips who was excused.

Action Items

Consent Agenda

              Your Committee recommends that pursuant to Section 6306 of the Education Law, the Board of Regents approve the award by the boards of trustees of community colleges of any and all honorary associate degree titles included in paragraph (3) of subdivision (c) of Section 3.50 of the Rules of the Board of Regents.  [HE (CA) 1]

Your Committee recommends that the Board of Regents approve the amendment to the master plan of The New School authorizing the School to offer the Bachelor of Arts and Bachelor of Science degrees in Environmental Studies.  This amendment will be effective until September 30, 2009, unless the Department registers the program prior to that date, in which case master plan amendment shall be without term.  [HE (CA) 2]

Your Committee recommends that the Board of Regents approve the following appointments to the State Professional Standards and Practices Board for Teaching: Aseba J. Harris (teacher education student) for a two-year term beginning July 1, 2008 and ending June 30, 2010; and Walter Robertson (teacher) for a four-year term beginning July 1, 2008 and ending June 30, 2012.  [HE (CA) 3]

Your Committee recommends that Sections 52.21 and 80-3.7 be amended and Subpart 57-3 and Section 80-1.12 of the Regulations of the Commissioner of Education relating to requirements for course work or training in the needs of students with autism, be added, as submitted, effective October 9, 2008.  [HE (A) 2]

Action Items

Your Committee recommends that §80-5.5 be repealed and a new §80-5.5 of the Regulations of the Commissioner of Education relating to the employment of retired persons in public school districts, boards of cooperative educational services and county vocational education and extension boards, be added as submitted, effective September 30, 2008, as an emergency action upon a finding by the Board of Regents that such an action is necessary for the preservation of the general welfare in order to ensure that the emergency rule adopted at the June Regents meeting and revised and readopted at the July Regents meeting, remains continuously in effect until the effective date of its adoption as a permanent rule.    [HE (A) 1]

Your Committee recommends that the Board of Regents authorize Pacific College under its new owner, Quad Partners, to award Associate in Occupational Studies (A.O.S.), Bachelor of Professional Studies (B.P.S), and Master of Science (M.S.) degrees on duly qualified students successfully completing registered programs for a period beginning upon execution of the final phase of the purchase agreement.  [HE (A) 3]

MOTION FOR ACTION BY FULL BOARD

              Mr. Chancellor and Colleagues:  Your Higher Education Committee recommends, and I move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on September 15, 2008, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

Proposed Amendment to Regulations Relating to State Aid for High Needs Nursing Programs – The Committee discussed a proposed amendment that authorizes the Commissioner to award state aid for online or internet nursing degree programs at certain independent institutions of higher education within the State, in order to conform with Section 6401-a of the Education Law, as amended by Chapter 57 of the Laws of 2008.   The proposed amendment also establishes annual reporting requirements relating to the expenditure of state aid.  The amendment will be submitted for adoption at the October Regents meeting.  [HE (D) 1]

P-16 Implementation:  Improvements in Teacher Certification Processing and the Effects on the Supply of Qualified Teachers – The Committee discussed improvements made in the Office of Teaching on processing teacher certification applications and the impact new budget cuts may have on the improvements made to date.  The Committee discussed the need for the TEACH system to connect to the Department’s other data systems as we move forward.   [HE (D) 2]

Progress Report on Career and Technical Education Teacher Supply and Demand – The Committee was updated on the Department’s ongoing activities as they reexamine the requirements for certification of CTE teachers to ensure an adequate supply to meet the growing needs for career and technical education programs in our State.  The Committee discussed the possibility of increasing the number of institutions that prepare CTE teachers, including community colleges.  The issue of having a more flexible system was discussed in detail which led to questions about the many different “trades” that fall under the title of CTE and how districts are to decide which programs to offer.  District Superintendent Jessica Cohen was available to provide an example of how her districts choose to offer programs based on current needs.  Staff provided a framework for additional feedback and direction from the Regents on these critical issues which will guide further development of Department strategies and initiatives  

Update on the Regents Higher Education Agenda – Senior Deputy Commissioner Johanna Duncan-Poitier provided an update on the Regents Higher Education Agenda which identifies major themes that the Regents and the Department have implemented over the last few years along with current activities relating to these higher education initiatives identified by the Regents: strengthening teaching, improving college readiness/closing the performance gap, statewide planning for higher education, strengthening school leadership, and public protection.  

Use of the Term “University” – Regent Milton Cofield confirmed that while the Board of Regents reinforced the existing definition of the term “University” and how it should be properly used, the Committee indicated that it would solicit additional input on the basis for any special consideration of colleges who meet comparable standards.  Staff have been asked to get input from a select number of provosts from SUNY, CUNY and the independent sector.


REGENTS COMMITTEE ON PROFESSIONAL PRACTICE

Your Professional Practice Committee held its scheduled meeting on September 16, 2008.   All Committee members were present except for Vice Chancellor Merryl H. Tisch and Regent Harry Phillips, 3d, who were excused from the executive session.  Regent Joseph E. Bowman Jr., and Regent Charles R. Bendit were also present during the executive session, but did not vote.    

ACTION ITEMS

Professional Discipline Cases

              Your Committee recommends that the reports of the Regents Review Committees, including rulings, findings of fact, determinations as to guilt, and recommendations, by unanimous or majority vote, contained in those reports which have been distributed to you, be accepted in 7 cases, corrected and amended as hereinafter indicated in the case of Eric J. Laughlin, Registered Professional Nurse, Calendar No. 23915, and modified as hereinafter indicated in the case of Erin Diane Inserra, Dental Hygienist, Cal. No. 23213.  In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 31 consent order applications and 6 surrender applications be granted.  [PPC EXS (A) 1-3]

              In the case of Eric J. Laughlin, Registered Professional Nurse, Calendar No. 23915, we recommend that, in view of the three-year period of probation that was imposed upon respondent, the reference, on line 13 of the last page of the Regents Review Committee report in this matter, to a “six-month” period of probation to be served upon respondent’s return to the practice of the profession be deemed corrected, the “six-month” period be deemed eliminated, and such reference be deemed to read the correct “said three-year period of probation”, and that paragraph 2 of the recommended probation terms be amended to read as follows:

  • That respondent shall submit written notification to the New York State Education Department, addressed to the Director, Office of Professional Discipline, New York State Education Department, 475 Park Avenue South – Second floor, New York, NY  10016-6901, of any employment and or practice, respondent’s residence, telephone number, and mailing address, and of any change in respondent’s employment (including the new employer’s name and address), practice, residence, telephone number or mailing address, within or without the State of New York;,

 and that a new paragraph 3 be added to read as follows:

  • That respondent notify any new employer of the details of his conviction on September 25, 2006, and the details of this professional disciplinary proceeding, including these probation terms, such notification being in writing with a copy to the Director, Office of Professional Discipline, at the address noted in paragraph 2 above;,

and that the subsequent numbered paragraphs be renumbered accordingly. 

              In the case of Erin Diane Inserra, Dental Hygienist, Calendar No. 23213, we recommend that (1) the Amended Statement of Charges in evidence as OPD Exhibit 3 be deemed to be substituted as the exhibit that is attached to the report of the Hearing Panel as Exhibit A to such report and the Terms of Probation that are attached to the report of the Hearing Panel be deemed designated as Exhibit B to such report: and (2) the recommendation of the Regents Review Committee be modified and the determination of the Board of Regents be as follows:

  • That the findings of fact rendered by the Hearing Panel be accepted, except that, at the outset of the last sentence of finding of fact numbered 3, the words “All subsequent findings of fact” be deleted and be replaced by the words “Findings of fact numbered 4 though 7,” findings of fact numbered 8, 9, and 11 be deleted, finding of fact numbered 10 be re-designated as finding of fact numbered 8, and the following findings of fact be added: as finding of fact numbered 9, “Respondent has admitted that she is guilty of the specification of professional misconduct set forth in the Amended Statement of Charges.”; as finding of fact numbered 10, “By failing to complete, during the entire registration period from February 1, 2002 to January 30, 2005, twenty-four hours of continuing professional education as required by Education Law §6609-a(2), respondent willfully failed to comply with such substantial provision of State law governing the practice of the profession.”; as finding of fact numbered 11, “Respondent is registered to practice the profession of dental hygiene during the period February 1, 2005 to January 30, 2008 and may be registered to practice the profession of dental hygiene during the period February 1, 2008 to January 30, 2011.”; and as finding of fact numbered 12, “Respondent has not documented her claim that she has now taken various continuing professional education and must demonstrate that she complies with the continuing education requirements set by law.”;
  • That the determination as to guilt rendered by the hearing panel be accepted and respondent is guilty, by a preponderance of the evidence, of the specification of the Amended Statement of Charges;
  • That the recommendation as to the penalty to be imposed rendered by the hearing panel be modified;
  • That, upon the specification of the Amended Statement of Charges of which respondent is found guilty, respondent’s license to practice as a dental hygienist in the State of New York be suspended for three years, that execution of said suspension be stayed, respondent be fined $500, and respondent be placed on probation for three years under the terms set forth in the report of the Hearing Panel as hereafter modified herein, said terms of probation to include, among other things, requirements that respondent submit quarterly reports showing regular and substantial progress toward meeting all continuing education requirements and that respondent either successfully completes twelve further hours of continuing education in addition to the continuing education that she is already required to complete or pays the $500 fine, and said period of suspension and probation may be terminated sooner and said fine may be stayed upon full satisfaction of each of the conditions hereafter provided;
  • That the terms of probation to be imposed upon respondent consist of terms numbered 1, 2, and 5 through 9 prescribed by the Hearing Panel; term numbered 3 be substituted to read as follows, “That, during the period of probation, respondent shall comply with all statutes, rules and/or regulations governing the requirements for continuing professional education in respondent’s profession; shall make regular and substantial progress toward the completion of all required continuing education; and shall submit quarterly reports showing, and including proof of, such progress.”; and term numbered 4 be substituted to read as follows, “That, during the period of probation, respondent shall either successfully complete twelve further hours of continuing education in addition to the continuing education that she is already required to complete or pay the $500 fine.”
  • That any remaining period of said suspension of respondent’s license and of said probation may be terminated sooner if and only if respondent (1) completes all of her required continuing education for each of the registration periods of February 1, 2002 to January 30, 2005, February 1, 2005 to January 30, 2008, and February 1, 2008 to January 30, 2011 and (2) completes either twelve further hours of continuing education in addition to that she is already required to complete or, alternatively pays the $500 fine, (3) applies, in writing, to the Director of the Office of Professional Discipline for the early termination of her remaining period of suspension and probation, (4) submits to the Director her proof that she has successfully completed all such required continuing education for each of these registration periods, and (5) successfully completes the alternative twelve further hours of continuing education in addition to that she is already required to complete or the payment of the $500 fine, such application and proof to be forwarded to the Director, Office of Professional Discipline, New York State Education Department, 475 Park Avenue South, Second Floor, New York, New York, 10016, and, after receipt of respondent’s application for early termination and proof in support of such application, the Director is satisfied that respondent has successfully completed all such required continuing education for each of these registration periods and has successfully completed the alternative of twelve further hours of continuing education in addition to that she is already required to complete or the payment of the $500 fine, the Director shall notify respondent of the termination of the remaining period of the suspension of respondent’s license and period of probation and of the effective date thereof; and
  • That the $500 fine may be stayed if and only if respondent first successfully completes the alternative twelve further hours of continuing education in addition to that she is already required to complete.

              These recommendations are made following the review of 46 cases involving 10 registered professional nurses, eight licensed practical nurses, three certified public accountants, three dentists, three licensed practical nurses who are also registered professional nurses, two licensed master social workers, two massage therapists, two pharmacies, two podiatrists, one chiropractor, one dental hygienist, one dental professional corporation, one nurse practitioner, one occupational therapist, one pharmacist, one professional engineer, and one respiratory therapist.

Consent Agenda

              Your Committee recommends that sections 69.1, 69.2 and 69.3 of the Regulations of the Commissioner of Education relating to the professional study, experience, examination and endorsement requirements for licensure as an architect be amended, as submitted, effective October 9, 2008.  [PPC (CA) 1]

              Your Committee recommends that the Board of the Regents approve the appointments of members to the State boards for the professions; and appointments of extended members to the State boards for the professions for service on licensure disciplinary and/or licensure restoration and moral character panels.  [PPC (CA) 2]

              Your Committee recommends that the Board of Regents approve the recommendations of the Committee on the Professions regarding licensing petitions with the exception of three 3-year limited licenses for veterinary medicine.  [PPC (CA) 3]

Approvals

              Your Committee recommends that sections 75.1, 75.2 and 75.3 of the Regulations of the Commissioner of Education be repealed, that sections 52.36, 52.37, 75.1, 75.2, 75.3, 75.4, 75.5, 75.6 and 75.7 be added, and that section 75.4 be renumbered to 75.8, relating to the education, examination and experience requirements for licensure of speech-language pathologists and audiologists and to provide for the endorsement of out-of-state and foreign applicants for licensure in these professions be amended, as submitted, effective October 9, 2008.  [PPC (A) 1]

              Your Committee recommends that the proposed emergency amendment of the Regulations of the Commissioner of Education relating to the licensure of clinical laboratory technologists, cytotechnologists, clinical laboratory technicians and histological technicians be approved, in accordance with the proposal substituted at the Committee meeting, effective September 23, 2008. The emergency action is based upon a finding by the Board of Regents that such action is necessary to preserve the public health and general welfare in order to timely implement Chapter 204 of the Laws of 2008 to ensure that standards and procedures are in place to license individuals by the effective date of the statutory licensure requirement for histological technicians and to permit clinical laboratory technicians, cytotechnologists and clinical laboratory technologists to apply for licensure under the expanded grandparenting provisions by January 1, 2009, thereby enabling such practitioners to be licensed in a timely manner to meet the health care needs of the residents of New York State.  [PPC (A) 2]

MOTION FOR ACTION BY FULL BOARD

              Mr. Chancellor and Colleagues:  Your Professional Practice Committee recommends, and we move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on September 16, 2008, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

              Your Committee discussed several topics of interest, including:

  • Associate Commissioner’s Report - This report is to discuss with the Committee updates on a range of topics that relate to the work of that committee.  [oral report]
  • Applications for the Restoration of a Professional License – This discussion concerns a proposed amendment to the Regents’ Rules specifying that an applicant’s response to the report of the Committee on the Professions may not include new evidentiary material.  [PPC (D) 1] 

 


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 16, 2008.  In attendance were Regents Dawson, Bowman, Brooks Hopkins, Gardner, and Tilles.  Regent Phillips was absent.

ITEMS FOR DISCUSSION

Chairs’ Remarks: Regent Dawson greeted everyone and provided a brief update regarding Fort Ticonderoga.

Deputy’s Report: Deputy Commissioner Jeffrey Cannell greeted everyone and introduced presenters Maria Holden, Chief of Archival Services and Marie Culver, Preservation Manager at the New York State (NYS) Archives.

CE(
D) 1 World Trade Center (WTC) Documentation and Records Preservation Project

Ms. Holden began the presentation and provided a brief introduction as to the important role of the NYS State Archives and its efforts in documenting pivotal events; with focus on how to document the loss and remembrance and the documents and objects connected to the event.  Ms. Holden referenced the efforts of their sister institution, the NYS Museum, which has built a major collection of objects and created a moving WTC exhibition; and talked about the updates of NYS State Archives efforts to help September 11 survivors, family members, first responders, archivists and curators to preserve materials related to the 9/11 attack for future generations.

CE(
D) 2 – Revisions to NYCRR Code for Resident Borrowers Card Policies

Loretta Ebert, Director of the NYS Research Library, presented, for discussion, rationale for amending Section 92.1 of the Regulations of the Commissioner of Education, relating to NYS Library borrowing policies to extend borrowing privileges to the State Library to include New York residents, 18 years of age or older.

Approval to move ahead with the plan as presented was unanimous by attending Regents.

        

Jeffrey Cannell spoke briefly regarding budget priorities and related issues.  Discussion followed with a reminder that additional budget items and issues would be on the October schedule.

 


REGENTS SUBCOMMITTEE ON AUDITS

Your Regents Subcommittee on Audits met on Monday, September 15.

As part of the presentation of audits the Members of the Subcommittee discussed an audit of the Wyandanch Union Free School District’s use of federal funds. Discussions included the recurring number of audits of the Wyandanch Union Free School District as well as its current deficit fiscal position. Committee members were provided with information on steps the Department has already taken as well as planned steps. The Subcommittee asked that Department staff examine information related to Wyandanch’s actions and report back within 60 days on the status of the District. In addition, it was requested that Department staff provide a status report at the next Subcommittee meeting.

Department staff provided a list of three areas of proposed policy change that the Board could consider in order to enhance accountability in school districts.  The three areas were: changing the qualifications for key positions within school districts, enhancing required training for key positions in school districts, and increasing the number of school district officials subject to removal.  Department staff will continue to examine the appropriateness of the policy changes and report back to the Subcommittee.

Sixty-two audit summaries were presented.  The audits were of 58 school districts, 2 BOCES, 1 preschool special education provider, and 1 multi-state agency audit.  The Internal Audit Workgroup, which is comprised of Deputy Commissioners’ Kathy Ahearn and Terry Savo, Coordinator Charles Szuberla, Deputy Counsel Erin O’Grady-Parent, Audit Director James Conway, and other staff from the Offices of Management Services and Audit, reviewed all audit summaries. Based on the significance of the findings, the group highlighted six of the audits: 4 school district audits, 1 BOCES audit and 1 audit of a preschool special education provider for further review and follow-up.

These audits involved findings related to procurement, capital assets, payroll, claims processing, cash, financial reporting, information technology, extra classroom activity funds and the use of federal Title I and II funds. Audit staff will follow-up with these districts, BOCES, and preschool to identify any possible future actions.

Other Follow-up Actions

  • Staff from the Office of Education - P-16 will contact school district officials that have been identified with particular audit findings, and require attendance at Department sponsored training.
  • Discuss fund balance statutory limit in the newsletter issued by the Office of Education - P-16 to the field.
  • OAS has received six corrective action plans in June and one in July from school districts and BOCES that had been previously identified by the workgroup.
  • OAS sent three letters to school districts requesting additional information related to the corrective action plans they submitted.

 

Appendix I

NEW YORK
STATE BOARD OF REGENTS CHARTER ACTIONS
 


Cultural Education

ABSOLUTE CHARTERS

LEWISTON
PUBLIC LIBRARY


Lewiston
, Niagara County

A provisional charter was granted to this corporation by action of the Board of Regents on February 22, 1973 to operate a public library.  Such provisional charter was amended by Regents action on July 25, 1984.  The board of trustees has applied for an amendment to the provisional 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) and, as so amended, for an absolute charter.  The Office of Cultural Education recommends that the provisional charter be amended accordingly and, as so amended, be made absolute.

THE SPORTS MUSEUM OF DUTCHESS COUNTY


Poughkeepsie
, Dutchess County

A provisional charter was granted to this corporation by action of the Board of Regents on April 22, 1988 to operate a museum.  Such provisional charter was extended by Regents action on September 23, 1994 and February 8, 2000.  The board of trustees has applied for an absolute charter. The Office of Cultural Education recommends that the provisional charter be made absolute.

STAATSBURG LIBRARY DISTRICT


Staatsburg, Dutchess County

A provisional charter was granted to this corporation by action of the Board of Regents on November 14, 2003 to operate a public library.  The board of trustees has applied for an amendment to the provisional charter to change the corporate name to “Staatsburg Library” and, as so amended, for an absolute charter.  The Office of Cultural Education recommends that the provisional charter be amended accordingly and, as so amended, be made absolute.

WADSWORTH
LIBRARY


Geneseo
, Livington County

The board of trustees has petitioned the Board of Regents to form a corporation to operate a library to serve the residents of the Geneseo Central School District, providing them with materials, programs, information, and services to enable them: to develop a love of learning that will serve them well at all stages of their lives; to keep current on popular culture and social trends, and to enjoy satisfying recreational experiences; to access information needed to answer questions on a broad array of topics related to work, school, community and personal life. The Office of Cultural Education recommends that an absolute charter in the first instance be granted.

AMENDMENT OF CHARTERS

DEPAUVILLE FREE LIBRARY


Depauville
, Jefferson County

A provisional charter was granted to this corporation by action of the Board of Regents on September 23, 1955 to operate a public library.  Such provisional charter was extended by Regents action on January 25, 1962, February 24, 1967 and was made absolute on March 22, 1979.  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.

FAIRPORT PUBLIC LIBRARY


Fairport, Monroe County

An absolute charter in the first instance was granted to this corporation by action of the Board of Regents on January 25, 1952 to operate a public library.  The board of trustees has applied for an amendment to the absolute charter to specify the number of trustees to be not less than five nor more than fifteen, to designate the Commissioner of Education as agent of the corporation upon whom process in any action or proceeding against it may be served, and to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3).  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

GREECE
PUBLIC LIBRARY


Greece
, Monroe County

A provisional charter was granted to this corporation by action of the Board of Regents on June 27, 1958 to operate a public library.  Such provisional was extended by Regents action on June 24, 1960, April 26, 1968 and was made absolute on June 25, 1971.  The board of trustees has applied for an amendment to the absolute charter to specify the number of trustees to be not less than five nor more than fifteen, to designate the Commissioner of Education as agent of the corporation upon whom process in any action or proceeding against it may be served, and to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3).  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

MACEDON PUBLIC LIBRARY


Macedon, Wayne County

A provisional charter was granted to this corporation by action of the Board of Regents on January 26, 1972 to operate a public library.  Such provisional was made absolute by Regents action on March 25, 1977.  The board of trustees has applied for an amendment to the absolute charter to specify the number of trustees to be not less than five nor more than fifteen.  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

MANLIUS LIBRARY


Manlius, Onondaga County

A provisional charter was granted to this corporation by action of the Board of Regents under the corporate name “Manlius Reading Room” on July 1, 1916 to operate an association library.  Such provisional was amended by Regents action to change the corporate name to “Manlius Library” on May 19, 1932.  Such provisional charter was extended by Regents action on November 15, 1940, July 18, 1946, April 27, 1951, May 4, 1956 and was made absolute on April 28, 1961.  Such absolute charter was amended by Regents action on September 24, 1993.  The board of trustees has applied for an amendment to the absolute charter to specify the number of trustees to be not less than five nor more than fifteen.  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

RAMAPO CATSKILL LIBRARY SYSTEM


Middletown
, Orange County

A provisional charter was granted to this corporation by action of the Board of Regents on December 18, 1959 to operate a library.  Such provisional charter was made absolute by Regents action on June 25, 1965 and amended on June 27, 1975.  The board of trustees has applied for an amendment to the absolute charter to specify the number of trustees to be not less than five nor more than twenty-five, to designate the Commissioner of Education as agent of the corporation upon whom process in any action or proceeding against it may be served, and to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3).  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

PROVISIONAL CHARTER

MUSEUM OF HISTORIC AND CONTEMPORARY HUMOR


New York City
, New York
County

The board of trustees has petitioned the Board of Regents to form a corporation to establish and maintain a history museum relating to the tradition and contemporary expressions of humor and comedy; to collect, own, hold, maintain, preserve, and make available appropriate historical objects and artifacts; to arrange, create, maintain and promote appropriate historical and contemporary exhibits, displays, and performances; to establish and maintain a historical and contemporary research and reference center ; to promote and support historical and contemporary research and scholarship, issue publications in any format, and organize historical and cultural activities, programs and events for the public. The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

EXTENSION OF CHARTER

SEYMOUR PUBLIC LIBRARY DISTRICT


Auburn
, Cayuga County

A provisional charter was granted to this corporation by action of the Board of Regents on May 21, 1993 to operate a public library.   Such provisional charter was amended by Regents action on September 20, 1996 and extended on June 18, 2002.  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.


ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

ABSOLUTE CHARTERS

CRESCENT
SCHOOL


Hempstead, Nassau County

A provisional charter was granted to this corporation by action of the Board of Regents on December 20, 1991 to operate a kindergarten for five-year-olds and a grade one through eight elementary school.  Such provisional charter was extended by Regents action on July 21, 1995, November 6, 1998, December 20, 2001 and on March 23, 2004 was amended, among other things to add authority for corporation to also operate a pre-kindergarten for four years olds and a grades nine through twelve and, as so amended, extended.  The board of trustees has applied for an absolute charter.  The Office of Nonpublic School Services recommends that the provisional charter be made absolute.

THE DOWNTOWN LITTLE SCHOOL


New York City
, New York
County

A provisional charter was granted to this corporation by action of the Board of Regents on April 27, 1999 to operate a day care center and a nursery school.  Such provisional charter was amended, among other things to add authority for corporation to also operate a grade one elementary school and, as so amended, extended by Regents action on December 17, 2004.  The board of trustees has applied for an absolute charter.  The Office of Nonpublic School Services recommends that the provisional charter be made absolute.

GRACE
CHURCH SCHOOL


New York City
, New York
County

A provisional charter was granted to this corporation by action of the Board of Regents on June 21, 2005 to operate a nursery school, preschool, kindergarten and a grade one through eight elementary school.  The board of trustees has applied for an absolute charter.  The Office of Nonpublic School Services recommends that the provisional charter be made absolute.

AMENDMENT OF CHARTERS

ALTERNATIVES FOR CHILDREN


East Setauket, Suffolk County

A provisional charter was granted to this corporation by action of the Board of Regents under the corporate name “St. Charles Educational and Therapeutic Center” on January 20, 1988 to operate a preschool program for children with disabilities from birth to six years of age. Such provisional charter was made absolute by Regents action on April 27, 1990.  Such absolute charter was amended by Regents action on September 24, 1993, July 21, 1995, provisionally amended June 14, 1996 to add authority to operate a kindergarten, February 8, 2000 to make absolute the provisional amendment of June 14, 1996, March 20, 2001, October 4, 2002 to include a name change to “Alternatives for Children” and was last amended on November 14, 2003.  The board of trustees has applied for an amendment to the absolute charter to add authority for the corporation to also operate a grade one through six elementary school for children with disabilities. The Office of Vocational and Educational Services for Individuals with Disabilities (VESID) has been provided with an opportunity to review this action and the trustees have been advised that the granting of any amendments thereof does not constitute approval for state funding for programs and services under the jurisdiction of VESID.  The Office of Nonpublic School Services recommends that the absolute charter be amended accordingly.

BROOKLYN
AUTISM CENTER ACADEMY


Brooklyn, Kings County

A provisional charter was granted to this corporation by action of the Board of Regents on March 19, 2007 to operate a kindergarten and a grades one through six elementary school for autistic children. The board of trustees has applied for an amendment to the absolute charter to change the corporate address to 237 Park Place, Brooklyn, New York 11238.  The Office of Nonpublic School Services recommends that the provisional charter be amended accordingly.

DE LA SALLE ACADEMY


New York City
, New York
County

A provisional charter was granted to this corporation by action of the Board of Regents on November 16, 1984 to operate a grades six through eight school.  Such provisional charter was made absolute by Regents action on October 23, 1987.  The board of trustees has applied for an amendment to the absolute charter to increase the maximum number of trustees from twenty-five to thirty-five.  The Office of Nonpublic School Services recommends that the absolute charter be amended accordingly.


PROVISIONAL  CHARTER

ST. ALOYSIUS REGIONAL SCHOOL

Springville, Erie County

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

EXTENSION OF CHARTER

REACH FOR THE STARS LEARNING CENTER


New York City
, New York
County

A provisional charter was granted to this corporation by action of the Board of Regents on June 21, 2005 to operate a center-based school for the education of children with autistic spectrum disorder from three to twenty-one years of age.  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

APPLICATION FOR REGENTS CONSENT TO FILE A CERTIFICATE OF ASSUMED NAME

BAR-ILAN
UNIVERSITY IN ISRAEL


New York City
, New York
County

A provisional charter was granted to this corporation by action of the Board of Regents on December 20, 1963.  Such provisional charter was consolidated by Regents action on March 26, 1965 with the American Committee for Bar-Ilan University, Inc., a domestic not-for-profit corporation incorporated under the corporate name “American Friends of Bar-Ilan University, Inc.” pursuant to the provisions of the Membership Corporations Law (MCL) on May 7, 1952, with the surviving corporation being the Bar-Ilan University in Israel.  Such provisional charter was made absolute by Regents action on February 25, 1966 and was amended by Regents action on June 25, 1993, June 12, 1997 and July 16, 1999.  The board of trustees has requested that the Board of Regents consent to the filing of a certificate of assumed name pursuant to General Business Law §130 to authorize the corporation to use the assumed name “American Friends of Bar-Ilan University”.  The Office of Higher Education recommends that the consent of the Board of Regents to the filing of such certificate of assumed name be granted.

 

 


Appendix II


REGENTS ACTIONS IN 46 PROFESSIONAL DISCIPLINE CASES

September 15-16, 2008

              The Board of Regents announced disciplinary actions resulting in the revocation of 2 licenses, surrender of 6 licenses, and 38 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.


I. REVOCATIONS AND SURRENDERS

Engineering and Land Surveying

              Abraham Hertzberg; Professional Engineer; 295 Northern Boulevard, Great Neck, NY 11021-4701; Lic.No. 029007; Cal. No. 24116; Application to surrender license granted.  Summary: Licensee did not contest allegations that on several occasions between October 2004 and March 2008, with fraudulent intent, he used the stamp of another licensed professional to stamp and seal plans.

Nursing

              Daniel Joseph Monroe; Registered Professional Nurse; 40 Ramona Avenue, Buffalo, NY 14220; Lic.No. 523586; Cal. No. 22674; Application to surrender license granted.  Summary: Licensee did not contest the charge that he provided nursing home care for a patient while his ability to practice was impaired by a mental disability.

              Judith M. Miskovitz; Registered Professional Nurse; 75 Broadway, Hopewell Junction, NY 12533; Lic. No. 309972; Cal. No. 23527; Application to surrender license granted. Summary: Licensee did not contest the charge of failing to follow hospital protocol and have a second nurse check the medication before said medication was administered.

              Elizabeth O’Connor; Registered Professional Nurse; 9 Brook Spur Drive, Bay Shore, NY 11706; Lic.No. 159132; Cal. No. 23591; Application to surrender license granted.  Summary: Licensee did not contest charges of failing to call a code or initiate cardiopulmonary resuscitation on a patient who had stopped breathing but did not have a do-not-resuscitate order in effect and of stopping resuscitative measures on a patient who should have received them.

Podiatry

              Michael Brumer; 57 Fairview Avenue, Great Neck, NY 11023; Lic.No. 002596; Cal. No. 23678; Found guilty of professional misconduct; Penalty: Revocation, $10,000 fine.

              Lawrence Klein; 2152 Ralph Avenue, P.M.B. 228, Brooklyn, NY 11234; Lic.No. 002611; Cal. No. 23679; Found guilty of professional misconduct; Penalty:  Revocation, $10,000 fine.

Public Accountancy

              Daniel E. Marino; Certified Public Accountant; P.O. Box 9000, Forest City, AR 72336; Lic.No. 063559; Cal. No. 24037; Application to surrender license granted.  Summary: Licensee admitted to charges of having been convicted of Conspiracy to Commit Investment Advisor Fraud, Investment Advisor Fraud, Mail Fraud and Wire Fraud.     

Social Work

              Inga D. Eilenkrig; Licensed Master Social Worker; 1 Alice Court, Brooklyn, NY 11213; Lic.No. 066597; Cal. No. 24091; Application to surrender license granted.  Summary: Licensee admitted to the charge of having been convicted of one count of Attempted Grand Larceny in the 3rd Degree.


II. OTHER REGENTS DISCIPLINARY ACTIONS


Chiropractic

              Munam Michael Saif; 11 Lark Drive, Centereach, NY 11720; Lic. No. 009327; Cal. No. 23964; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $5,000 fine.


Dentistry

              Erin Diane Inserra; Dental Hygienist; 2144 Highland Avenue, Utica, NY 13502; Lic. No. 019926; Cal. No. 23213; Found guilty of professional misconduct; Penalty: 3 year suspension, execution of suspension stayed, probation 3 years, may apply for early termination of suspension and probation upon satisfaction of all required conditions, $500 fine, said fine may be stayed upon satisfaction of certain alternative requirement.

              Joseph Volk; Dentist; 3061 Brighton 6th Street, Brooklyn, NY 11235; Lic. No. 041321; Cal. No. 23756; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation, $5,000 fine.

              Stephen Oliver Nachbar; Dentist; 8510 Bay 16th Street, Brooklyn, NY 11214-2912; Lic. No. 017121; Cal. No. 23792; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, 1 year probation, $3,000 fine.

              SoleimanRabanipour; Dentist; 527 Lenox Avenue, New York, NY 10037; Lic. No. 042959; Cal. No. 23822; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $2,500 fine.

              SoleimanRabanipour, DDS, P.C.; 527 Lenox Avenue, New York, NY 10037; Cal. No. 23823; Application for consent order granted; Penalty agreed upon: 1 year probation, $2,500 fine.


Massage Therapy

              Joseph Adix Carman; 710 West End Avenue, New York, NY 10025; Lic. No. 006204; Cal. No. 24031; Application for consent order granted; Penalty agreed upon: 6 month actual suspension, 18 month stayed suspension, 2 years probation.

              Sophia E. Lee; 112 Langner Place, Westwood, NJ 07675-3300; Lic. No. 016800; Cal. No. 24052; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation, $2,500 fine.


Nursing

              Robin Sackett Kisner; Registered Professional Nurse; 4100 Norman Road, Painted Post, NY 14870; Lic. No. 565247; Cal. No. 23120; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for a minimum of 1 month and until fit to practice, upon termination of suspension 2 years probation to commence if and when return to practice, $1,000 fine payable within 3 months.

              Agnes Cohen; Registered Professional Nurse; 6465 Blue Bay Circle, Lake Worth, FL 33467; Lic. No. 230793; Cal. No. 23581; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation to commence upon return to practice in New York State, $500 fine payable within 2 months.

              Elaine LeBron; Licensed Practical Nurse; 88 Cypress Avenue, Riverhead, NY 11901; Lic. No. 273766; Cal. No. 23709; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until successfully participate in program and until fit to practice, upon termination of suspension 2 years probation.

              Maureen Gail Rickard; Licensed Practical Nurse, Registered Professional Nurse; 35 Mill Pond Road, Otisville, NY 10963; Lic. Nos. 260761, 510614; Cal. Nos. 23711, 23712; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

              Karen G. Famularo; Registered Professional Nurse; 167 Getz Avenue, Staten Island, NY 10312; Lic. No. 477054; Cal. No. 23740; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

              Karen E. Tripodi; Licensed Practical Nurse; 1625 East Avenue, Rochester, NY 14610; Lic. No. 133637; Cal. No. 23783; Found guilty of professional misconduct; Penalty:  2 year suspension, execution of last 6 months of suspension stayed, probation 6 months to commence if and when return to practice.

              Phillip Clayton; Licensed Practical Nurse; 26 South Swan Street, Albany, NY 12210; Lic. No. 231210; Cal. No. 23808; Found guilty of professional misconduct; Penalty: Indefinite suspension for no less than 2 years and until substance and alcohol abuse free and until fit to practice, upon termination of suspension probation 2 years.

              Paul Henry Lagredelle; Licensed Practical Nurse; 215-22 102nd Avenue, Queens Village, NY 11429; Lic. No. 272478; Cal. No. 23839; Application for consent order granted; agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

              Eric J. Laughlin; Registered Professional Nurse; 36 Sattleback Trail, Rochester, NY 14624; Lic. No. 559422; Cal. No. 23915; Found guilty of professional misconduct; Penalty: 2 year suspension, execution of last 18 months of suspension stayed, probation 3 years to commence if and when return to practice.

              Barbara A. Scavetta; Registered Professional Nurse; 251-44 71st Avenue, Bellerose, NY 11426; Lic. No. 266969; Cal. No. 23926; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,000 fine.

              Susan Patricia Mazur-Cahill; Licensed Practical Nurse; 115 Ocean Avenue, Center Moriches, NY 11934; Lic. No. 270509; Cal. No. 23944; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $1,000 fine.

              Stella Ann Coley; Licensed Practical Nurse; 11 Langmeyer Avenue, Buffalo, NY 14215-3209; Lic. No. 094062; Cal. No. 23961; Found guilty of professional misconduct; Penalty: 2 year suspension, execution of suspension stayed, probation 2 years, $500 fine.

              Beth Moran; Nurse Practitioner; 3300 Noyac Road, Sag Harbor, NY 11963; Cert. No. 420030; Cal. No. 23962; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $500 fine.

              LisamarieCuomo; Registered Professional Nurse; 1227 Flanders Road, Flanders, NY 11901; Lic. No. 478609; Cal. No. 23971; Application for consent order granted; Penalty agreed upon: 6 month actual suspension, 18 month stayed suspension, 2 years probation.

              CelineMarcella Mosely; Licensed Practical Nurse; 850 Webster Avenue, New Rochelle, NY 10804-3523; Lic. No. 280965; Cal. No. 24023; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $250 fine.

              Jane Lacivita Clemente a/k/a Jane Mary Clemente a/k/a Jane M. Skurulsky a/k/a Jane Skurulsky; Registered Professional Nurse; 2408 Fifth Avenue, Watervliet, NY 12189; Lic. No. 322035; Cal. No. 24030; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

              Mary Ellen Richardson; Licensed Practical Nurse, Registered Professional Nurse; 556 Marcy Avenue, Brooklyn, NY 11206-5638; Lic. Nos. 069913, 315409; Cal. Nos. 24065, 24066; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $1,500 fine.

              LenaC. Vincent; Licensed Practical Nurse; 3012 Glenwood Road, Brooklyn, NY 11210; Lic. No. 106819; Cal. No. 24067; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $1,000 fine.


Occupational Therapy

              Maryann Dianna Adams; 247 Betsy Ross Drive, Orangeburg, NY 10962; Lic. No. 007857; Cal. No. 24061; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation to commence if and when return to practice, $500 fine payable within 3 months.


Pharmacy

              Lieb Pharmacy II, Inc.; Pharmacy; 147 Lee Avenue, Brooklyn, NY 11211; Reg. No. 019409; Cal. No. 23771; Application for consent order granted; Penalty agreed upon: 2 years probation, $7,500 fine.

              Genovese Drug Stores, Inc. d/b/a Rite Aid Pharmacy; Pharmacy; 864 Middle Country Road, Middle Island, NY 11953; Reg. No. 015745; Cal. No. 23800; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, $10,000 fine payable within 30 days.

              CataldoPeter Stasi; 37 Summer Lane, Hicksville, NY 11801-6326; Lic. No. 019338; Cal. No. 23853; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation, $2,500 fine.


Public Accountancy

              Len Adler; Certified Public Accountant; 1831 Stillwell Avenue, Brooklyn, NY 11223; Lic. No. 076083; Cal. No. 24042; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $5,000 fine.

              Thomas R. Chudy; Certified Public Accountant; 19 Colonial Drive, Goshen, NY 10924; Lic. No. 051076; Cal. No. 24062; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.


Respiratory Therapy

              Jean Michel Joseph; 832 Ocean Avenue, Brooklyn, NY 11226-5907; Lic. No. 002980; Cal. No. 23672; Application for consent order granted; Penalty agreed upon: 2 year suspension with leave to apply for early termination upon service of first year of suspension and upon successful completion of certain coursework, upon service or early termination of suspension and upon successful completion of certain coursework 2 years probation to commence if and when return to practice, $5,000 fine to be paid by October 31, 2009.


Social Work

              Stephanie E. Greenberg; Licensed Master Social Worker; 229 Mt. Sinai Coram Road, Coram, NY 11727; Lic. No. 070798; Cal. No. 24055; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, 1 year probation, $1,000 fine.