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ACTION ITEMS


NYSED Seal

 

 

 

 

 

                        SUMMARY OF THE OCTOBER MEETING

 

                                OF THE BOARD OF REGENTS

 

                                                     OF

 

                THE UNIVERSITY OF THE STATE OF NEW YORK

 

 

 

 

 

 

 

                         Held at the State Education Building

Albany, New York

 

 

                                     October 6 and 7, 2005

 

 

 

 

 

 

                                             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 Thursday, October 6 at 10:45 a.m. and 4:30 p.m., and Friday, October 7 at 12:00 p.m., pursuant to a call duly sent to each Regent.

 


MEETING OF THE FULL BOARD, Thursday, October 6, 10:45 a.m.

 


Board Members in Attendance:

 

Robert M. Bennett, Chancellor

Vice Chancellor Adelaide L. Sanford

James C. Dawson

Anthony S. Bottar

Merryl H. Tisch

Geraldine D. Chapey

Harry Phillips, 3rd

Joseph E. Bowman, Jr.

James R. Tallon, Jr.

Milton L. Cofield

John Brademas

Carol Bellamy

Roger B. Tilles

 

          Also present were the President of The University and Commissioner of Education, Richard P. Mills, Counsel and Deputy Commissioner for Legal Affairs, Kathy A. Ahearn, and the Secretary, Board of Regents, David Johnson.  Regents Saul B. Cohen,  Arnold B. Gardner and Lorraine Cort�s-V�zquez were absent and excused.

 

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

 

 


 

Executive Session Motion

 

         

MOVED,

that the Board of Regents convene in Executive Session on Friday, October 7at 7:30 a.m. for the purpose of discussing a personnel matter.



 

          Motion by:             Vice Chancellor Adelaide L. Sanford

        

Seconded by:

        Regent Merryl H. Tisch

        

Action:        

          Motion carried unanimously

 

         

Summary of the September 2005 Meeting

BR (A) 2

 


          MOVED,

that the Summary of the September 2005 Meeting of the Board of Regents of The University of the State of New York be approved.

 


          Motion by:            

Regent James C. Dawson

         

Seconded by:       

Regent Roger B. Tilles


          Action:                  

Motion carried unanimously

 

 

State Education Department September 2005 Fiscal Report

BR (A) 3

 

          The Board received for review and acceptance the September 2005 Fiscal Report, including two grants that have been accepted by USNY and a Variance Report.

 

          The Variance Report includes adjustments reflecting the new federal Title V Innovative Programs allocation to Cultural Education for federal fiscal year 2005-2006, projected increased Tenured Teacher Hearing costs, and increased fringe benefit costs for Department employees in the Teachers Retirement System.

 

          General fund accounts are in structural balance with the exception of the tenured teacher program.  The unmet 2004-05 tenured teacher hearing costs were deferred to the 2005-06 State fiscal year and were paid with 2005-06 funds.

 

          Federal funds are in structural balance.  All revenue accounts are in balance, allowing for normal reimbursement delays and the planned use of prior year balances.

 

         

MOVED,

that the Board of Regents accept the September 2005 State Education Department Fiscal Report as presented.

 

         

Motion by:

             Regent Harry Phillips, 3rd

         

Seconded by:       

Regent Roger B. Tilles

         

Action:

                   Motion carried unanimously

 

 

 

State Aid Proposal

BR (A) 4

SA (A) 1

 

          The Regents State Aid proposal presents the concepts and rationale underlying the Board�s multi-year proposal for a new funding system based on a Foundation Aid for general education instruction, now in its third year.

 

          The Regents propose an increase of $1.3 billion over last year.  It is likely that the amount will change upon receiving additional data on November 15.  Building, Transportation, Public Excess Cost (special education) and BOCES aids have historically experienced significant increases as school districts report their expenditures.  An update to the State Aid proposal will be provided in late November which will probably approximate $1.5 billion.

 

         

MOVED,

that the Board of Regents recommend a proposal with a preliminary estimated increase of $1,339 million in State Aid to school districts for 2006-07, with 84 percent targeted to high need school districts, as well as other details included in item BR (A) 4.

 

         

Motion by:

             Regent James R. Tallon, Jr.

         

Seconded by:

        Regent Anthony S. Bottar

         

Action:

                   Motion carried unanimously

 

 

 

Commissioner�s Report to the Board

 

          The Commissioner�s written monthly report focused on seven subject areas the Board will vote upon or discuss during the monthly meeting:  Regents State Aid Recommendation; IDEA Performance Plan; Mathematics Graduation Requirements; Preparing for the Education Summit; New York State Testing Program; Documentary Heritage Program; and, Museum Renewal.

 

 




 


MEETING OF THE FULL BOARD, Thursday, October 6, 4:30.m.

 


Board Members in Attendance:

 

Robert M. Bennett, Chancellor

Vice Chancellor Adelaide L. Sanford

James C. Dawson

Anthony S. Bottar

Merryl H. Tisch

Geraldine D. Chapey

Harry Phillips, 3rd

Joseph E. Bowman, Jr.

James R. Tallon, Jr.

Milton L. Cofield

John Brademas

Carol Bellamy

Roger B. Tilles

 

          Also present were the President of The University and Commissioner of Education, Richard P. Mills, Counsel and Deputy Commissioner for Legal Affairs, Kathy A. Ahearn, and the Secretary, Board of Regents, David Johnson.  Regents Saul B. Cohen, Arnold B. Gardner and Lorraine Cort�s-V�zquez were absent and excused.

 

          Chancellor Bennett called the meeting to order at 4:30 p.m.

 

 

 

Briefing on the USNY Summit

 


         

Commissioner Richard P. Mills and members of the staff of the State Education Department briefed the Board on the education Summit on November 2.

 

 




 


MEETING OF THE FULL BOARD. Friday, October 7, 12
:00 p.m.


 


Board Members in Attendance:


 

Robert M. Bennett, Chancellor

Vice Chancellor Adelaide L. Sanford

James C. Dawson

Anthony S. Bottar

Merryl H. Tisch

Geraldine D. Chapey

Arnold B. Gardner

Harry Phillips, 3rd

Joseph E. Bowman, Jr.

James R. Tallon, Jr.

Roger B. Tilles

 

          Also present were the President of The University and Commissioner of Education, Richard P. Mills, Counsel and Deputy Commissioner for Legal Affairs, Kathy A. Ahearn, and the Secretary, Board of Regents, David Johnson.  Regents Saul B. Cohen, Lorraine Cort�s-V�zquez, Milton L. Cofield, John Brademas and Carol Bellamy  were absent and excused.

 

          Chancellor Bennett called the meeting to order at 12:00 p.m.

 

 


ACTION ITEMS


 

Proposed Amendment to the Rules of the Board of Regents relating to the Chief Operating Officer

BR (A) 5

 

         

MOVED,

that sections 3.8, 3.9 and 3.15 of the Rules of the Board of Regents be amended, as submitted, effective October 11, 2005, 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 Rules of the Board of Regents are immediately brought into conformance with changes in the Department�s internal organization relating to the elimination of the position of Chief Operating Officer, so as to ensure that appropriate Department staff may assume the duties and responsibilities formerly exercised by the Chief Operating Officer in a timely and efficient manner.

 


          Motion by:            

Regent Anthony S. Bottar

         

Seconded by:

        Regent James R. Tallon, Jr.

         

Action:

                   Motion carried unanimously

 


STANDING COMMITTEE REPORTS

 

         

MOVED,

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

 

         

Motion by:

             Regent Joseph E. Bowman, Jr.

         

Seconded by:

        Regent James R. Tallon, Jr.

         

Action:        

          Motion carried unanimously

 

 



REGENTS COMMITTEE ON HIGHER EDUCATION

 

          Your Higher Education and Professional Practice Committee held its scheduled meeting on October 6, 2005.  All Committee members were present, except Regent Arnold B. Gardner and Regent Saul B. Cohen, who were excused.

 

 


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 6cases, except that, in two of those cases, the recommendation of the Regents Review Committee as to the penalty to be imposed not be accepted, as hereafter set forth.  In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 21 consent order applications and 1 surrender application be granted.

         

          In the case of Ellen Mary Amyot, registered professional nurse, Calendar No. 20170, we recommend that the recommendation of the Regents Review Committee be accepted, except that its recommendation as to the penalty to be imposed not be accepted and that, in lieu thereof, upon the first specification of the charges of which the respondent was found guilty, the respondent�s license to practice as a registered professional nurse in the State of New York be suspended for 24 months and that execution of the last 18 months of said suspension be stayed at which time respondent then be placed on probation for said last 18 months under the terms prescribed by the hearing panel except that hearing panel probation term numbered 3 be deemed deleted and the remaining probation terms numbered 1,2, and 4 through 9 remain in full force and effect.

         

          In the case of Lisa Marie Mitchell, licensed practical nurse, Calendar No. 20513, we recommend that the recommendation of the Regents Review Committee be accepted, except that its recommendation as to the penalty to be imposed not be accepted, that the hearing panel�s determination that the respondent is not guilty of the second specification be accepted, that the recommendation of the hearing panel as to the penalty to be imposed be accepted and that, upon the first specification of the charges of which the respondent was found guilty, as aforesaid, respondent be fined $500 and that respondent�s license to practice as a licensed practical nurse in the State of New York be suspended for 3 years and that execution of the last 24 months of said suspension be stayed at which time respondent then be placed on probation for said last 24 months under the terms prescribed by the hearing panel.

         

          These recommendations are made following the review of 28cases involving eight licensed practical nurses, five registered professional nurses, three dentists, three licensed practical nurses who are also registered professional nurses, three pharmacists, one certified public accountant, one chiropractor, and one psychologist.

 

Your Committee discussed the request from the Mandl School in Manhattan to confer the degree of Associate in Occupational Studies (A.O.S.) and voted to authorize the Mandl School to confer the degree, effective October 7, 2005.  [HE & PP (A) 1]


 


Consent Agenda Items

 

          Your Committee recommends that the Regents approve the recommendations of the Committee on the Professions regarding Licensing Petitions.  [HE & PP (CA) 1]

 

          Your Committee recommends that the Regents approve the Application for Regents Consent to File a Certificate of Incorporation and a Certificate of Amendment under the Business Corporation Law (BCL) and for degree-granting authority for Pacific College of Oriental Medicine (New York), Inc.  [HE & PP (CA) 2]

         

Your Committee recommends that the Regents approve the updates to the list of Regents Physician Shortage Areas as recommended by the Department of Health.  [HE
& PP (CA) 3]

         

Your Committee recommends that the Regents approve the following appointments and reappointments to the State Boards for the Professions:  [HE & PP (CA) 4]

 

State Board for Nursing � appoint George J. Pastor (Valley Stream) for a term commencing November 1, 2005 and expiring October 31, 2010

 

State Board for Medicine� appoint Dominique Delma (Kingston), A. Neal Gregory (Chatham Center), and Brenda J. Connolly (Oceanside) each for a term commencing December 1, 2005 and expiring November 30, 2010

 

State Board for Optometry � reappoint Jack Fried (East Woodbury) and Grace Y. Burke (Watertown) each for a term commencing October 1, 2005 and expiring September 30, 2010

 

State Board of Pharmacy � appoint Daniel Molino (Briarcliffe Manor) and Michael D. Duteau (Baldwinsville) each for a term commencing November 1, 2005 and expiring October 31, 2010

 

State Board for Midwifery � appoint William Bruce Clark (Latham) and Elizabeth Cooper (Rochester) each for a term commencing November 1, 2005 and expiring October 31, 2010

 

State Board for Podiatry � appoint Donald Feldman (Cortlandt Manor) for a term commencing December 1, 2005 and expiring November 30, 2010

 

State Board for Dietetics and Nutrition � reappoint Melvyn Grovit (Eastchester) and Carolyn J. Haessig (Oneonta) each for a term commencing October 1, 2005 and expiring September 30, 2010

 

Your Committee also recommends that the Regents approve the following appointments and reappointments of extended members and an auxiliary member to the State Boards for the Professions for service on licensure restoration and moral character panels [HE
& PP (CA) 4]

 

State Board for Certified Public Accountancy � appoint J. Dwight Hadley (Clifton Park) as an extended member for a term commencing December 1, 2005 and expiring November 30, 2010

 

State Board for Respiratory Therapy � reappoint Peter Amico (Dix Hills) as an extended member for a term commencing December 1, 2005 and expiring November 30, 2010

 

State Board for Medicine � reappoint Seymour Cohen (Orangeburg) as an auxiliary member for a term commencing October 1, 2005 and expiring September 30, 2010

 

Your Committee recommends that the Regents authorize ASA Institute of Business and Computer Technology to confer the degree of Associate in Applied Science (A.A.S.)  [HE
& PP (CA) 5]

 

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 October 6, 2005, copies of which have been distributed to each Regent.

 

 


 

           
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 October 7, 2005 in  Room 146 of the State Education Building.  Chancellor Bennett, Vice Chancellor Sanford, Regents Dawson, Bowman, Brademas, Phillips, Chapey, Tallon, Gardner, and Tilles were in attendance.  Regent Cortes-Vazquez was absent.

 

          Your Committee reviewed the summary recommendations with respect to charter applications.  Items listed under Cultural Education were recommended for approval.  

 

 

           
Chris Ward, State Archivist and Assistant Commissioner for the Archives, introduced Geoffrey Williams, Chair of the New York State Historical Records Advisory Board.  Mr. Williams provided a brief overview of the Documentary Heritage Program including its regional services and competitive grants program.  Mr. Williams described the Records Advisory Board�s statewide priorities and discussed how the Documentary Heritage Program has managed to provide high-quality services to institutions working to save New York�s historical records. He explained the need to request a transfer of funds from the Cultural Education Account for an increase in funding from $100,000 to $1 million for competitive grants and from $400,000 to $500,000 for regional advisory services.

 

          Clifford Siegfried, Assistant Commissioner and Director of the New York State Museum, updated your Committee on renewal projects at the State Museum.  Dr. Siegfried also presented an overview of it�s two major galleries: New York�s Changing Landscape:  A Walk Through Time and Empire City; Empire State: America Begins in New York.  A 40% increase in attendance was seen and continues at that level.  Dr. Siegfried stated that the Office of Cultural Education anticipates concept-funding approval in 2006 for both a Natural History Gallery and the America Begins in New York Gallery.  These plans will be presented to the Stewardship Committee for approval in early 2007. 

 

Regent Phillips said the leaders of major museums in NYC have not yet accepted the invitation to the Summit.  Mrs. Huxley and staff will make direct contact to those not responding as yet.

 

Regent Dawson introduced the subject of the Regents responsibility as trustees over the OCE cultural institutions (State Museum, State Archives, State Library and Public Broadcasting).  Your Committee agreed to a new level of time commitment.   This would include tours of public and collection sites and the invitation of outside experts and potential advocates to review the status of the institutions and to advise the Regents.  Regent Dawson noted that a legal review of the Regents� trusteeship responsibilities as specified in State Education Law is being prepared for the Regents.  The Quality Committee will be working on the scheduling aspects of this in November or December.  Commissioner Mills noted that discussion of trusteeship is different in kind than the responsibilities of other committees of the Board.  Chancellor Bennett said the Board should receive information on assets and operating expenses for the three OCE institutions. Regent Phillips recommended a clearer statement of the Regents trusteeship responsibility.  


 


 


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 October 7, 2005.  Regent Cort�s-V�zquez was absent and excused.

 

ACTION ITEMS

 


Regulations

 

      
Your Committee recommends that the proposed amendment to section 100.5 of the Commissioner�s Regulations relating to diploma and graduation requirements be approved, effective October 27, 2005.  [EMSC-VESID (A) 2]

 

      
Your Committee recommends that the proposed amendment to section 100.5 of the Commissioner�s Regulations relating to diploma and graduation requirements be amended as submitted, effective October 24, 2005, as an emergency action in order to ensure that the rule remains continuously in effect until the effective date of its adoption as a permanent rule.  [EMSC-VESID (A) 2]

 

      
Your Committee recommends that sections 860.1, 861.1, 862.1 and 863.1 relating to professional staff at the State Schools for the Deaf and the Blind at Rome and Batavia be amended, that Part 866 be added, that Part 871 be amended, that section 872.1 be amended, and that Parts 875, 876 and 877 be amended, as submitted, effective October 7, 2005.  [EMSC-VESID (CA) 1]

 

 

      
Your Committee recommends approval of the charter applications relating to elementary, middle, secondary and continuing education.  [BR (A) 1]

 

 

      
Your Committee recommends approval of the issuance of bonds and/or bond anticipation notes by the Board of Education of the Gloversville City School District in an amount not to exceed $60,310,000 to purchase land; to construct a transportation and maintenance facility; to reconstruct various district buildings including associated furnishings, equipment and machinery; and to issue such bonds and/or bond anticipation notes in excess of the constitutional debt limit of said school district.  [EMSC-VESID (A) 1]

 


Charter Schools

 

      
Your Committee recommends that the proposed charter for the Albany Community Charter School be returned to the Trustees of the State University of New York for reconsideration.  [EMSC-VESID (A) 4]

 

      
Your Committee recommends that the proposed charter for the Leadership Preparatory Charter School, New York City Community School District 16, Region 8, be returned to the Trustees of the State University of New York for reconsideration.  [EMSC-VESID (A) 4]

 

Deputy Commissioner James Kadamus will follow-up with the SUNY Charter Schools Institute about applications that do not comply with the State�s learning standards, thereby jeopardizing their Title I funding under No Child Left Behind.

 

 

      
Your Committee recommends approval of the mathematics graduation requirement for a Regents Diploma to be the passing of one Regents examination in mathematics, and the passing of three units of credit of high school mathematics.  Credit granted for the Algebra course will be limited to two units.  [EMSC-VESID (A) 3]

 

      
Your Committee recommends approval of the mathematics graduation requirement for a Regents Diploma with Advanced Designation to be the passing of three units of credit of high school mathematics, and that students will also pass the Regents examinations in Algebra, Geometry, and Algebra 2 and Trigonometry.  [EMSC-VESID (A) 3]

 

      
Your Committee recommends approval of students who complete all coursework and testing requirements for the Regents Diploma with Advanced Designation in mathematics and/or science and take and pass three Regents examinations in each academic discipline with a score of 85 or better to earn a Regents Diploma with Advanced Designation, with an annotation on the diploma that denotes mastery in mathematics and/or science.  [EMSC-VESID (A) 3]

 

The Committee did not take action on the recommendation to first administer the Regents examinations for each of the three approved mathematics courses (Algebra, Geometry, and Algebra 2 and Trigonometry) beginning in 2009.  The Committee will continue its discussion on this matter at its November meeting.

 

An offline item will be prepared for Board members that provides a crosswalk of the changes in the performance indicators for the new mathematics curriculum (Algebra, Geometry and Algebra 2 and Trigonometry).  Board members were encouraged to challenge local superintendents on their district�s readiness for the new Regents examinations that are aligned with the new math curriculum.

 

MOTION FOR ACTION BY FULL BOARD

 

          Mr. Chancellor and Members of the Board:  Your EMSC-VESID Committee recommends, and I move, that the Board of Regents act affirmatively upon each of the recommendations set forth in the written report of the deliberations of the Committee at its meeting on October 7, 2005, copies of which have been distributed to each Regent.

 

MATTERS NOT REQUIRING BOARD ACTION

 

Update on the New York State Testing Program  [EMSC-VESID (D) 1]

 

The Committee discussed the timeline for disseminating the first-year results for the new grades 3-8 tests, recognized that the purpose of the tests is to hold schools accountable not high stakes testing for students, acknowledged the need to do a better job of making the public and practitioners understand the score scaling process, suggested adding the date the tests are given on the parent�s report on student results, and asked that more discussion on implementation of the grades 3-8 tests be scheduled on a future agenda.

 

Special Education State Performance Plan  [EMSC-VESID (D) 2]

 

The Committee discussed determining what other states are doing if they also are missing data on any of the indicators, the feedback mechanism for parents, the accommodations for students with special needs from nontraditional family structures, and communication about the state plan with the field.

 

Other items:

 

(1)           
Middle-level education � a report will be provided to the Committee in December on the progress being made on implementing the three-model strategy.

(2)           
Persistently dangerous schools � a report will be provided to the Committee in November on a strategy for ongoing reports to the Regents concerning the criteria for identifying persistently dangerous schools and to solicit comments from students about the safety of schools.

(3)           
High School Initiative � a report will be provided to the Committee in November on the indicators for charting progress of the 136 high schools.  Information on the December 12-13 Destination Diploma Conference to be held in Albany will also be shared with Board members.  Statewide data on student performance on the 2005 Regents exams will be shared with the Regents in January 2006, and discussion of the results for the 136 high schools will be scheduled on a future agenda.

(4)           
Certified Teachers --  BEDS data on certified teachers will be provided to the Office of Teaching in December to do a comparison with teacher certification records.  Deputy Commissioner Johanna Duncan-Poitier will ask the New York City Department of Education for a status report on hiring certified teachers for this school year.