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ACTION ITEMS

 

 

 

 

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 23 and 24, 2006

 

David Johnson, Secretary

Board of Regents

 

 

              

THE BOARD OF REGENTS

 

            The Board of Regents of The University of the State of New York held public sessions on Monday, October 23 at 9:30 a.m., 10:15 a.m. and 1:15 p.m., and Tuesday, October 24 at 9:30 a.m. pursuant to a call duly sent to each Regent.

 


MEETING OF THE FULL BOARD, Monday, October 23, 9:30 a.m.

 


Board Members in Attendance:

 

Robert M. Bennett, Chancellor

Adelaide L. Sanford, Vice Chancellor

Saul B. Cohen

Anthony S. Bottar

Geraldine D. Chapey

Arnold B. Gardner

Harry Phillips, 3rd

Milton L. Cofield

John Brademas

Roger B. Tilles

Karen Brooks Hopkins

 

            Also present were the President of The University and Commissioner of Education, Richard P. Mills, Counsel and Deputy Commissioner for Legal Affairs, Kathy A. Ahearn, and the Secretary, Board of Regents, David Johnson.  Regents James C. Dawson, Merryl H. Tisch, Joseph E. Bowman, Jr., Lorraine Cort�s-V�zquez and James R. Tallon, Jr. were absent and excused.

 

            Chancellor Bennett called the meeting to order at 9:30 a.m.

 


EXECUTIVE SESSION MOTION

 

            MOVED, that the Board of Regents convene in Executive Session on Monday, October 23, 2006 at 9:30 a.m. for the purpose of discussing pending litigation.

 

            MOTION BY:                                                Vice Chancellor Adelaide L. Sanford

            SECONDED BY:     Regent Geraldine D. Chapey

            ACTION:                   Motion carried unanimously

 

 





 



MEETING OF THE FULL BOARD, Monday, October 23, 10:15 a.m.

 


Board Members in Attendance:

 

Robert M. Bennett, Chancellor

Adelaide L. Sanford, Vice Chancellor

Saul B. Cohen

Anthony S. Bottar

Merryl H. Tisch

Geraldine D. Chapey

Arnold B. Gardner

Harry Phillips, 3rd

James R. Tallon, Jr.

Milton L. Cofield

John Brademas

Roger B. Tilles

Karen Brooks Hopkins

 

            Also present were the President of The University and Commissioner of Education, Richard P. Mills, Counsel and Deputy Commissioner for Legal Affairs, Kathy A. Ahearn, and the Secretary, Board of Regents, David Johnson.  Regents James C. Dawson, Joseph E. Bowman, Jr. and Lorraine Cort�s-V�zquez were absent and excused.

 

            Chancellor Bennett called the meeting to order at 10:15 a.m.

 

 


DISCUSSION ITEMS

 

Commissioner’s Report to the Board

and

Background Information on the P-16 Proposal

BR (D) 4

 

            Commissioner Richard P. Mills opened the monthly meeting with a powerpoint presentation on “A  P-16 Response to the Achievement Challenge”, an overview of the proposed Regents plan for the next stage of educational reform, affixed to his monthly Report to the State Board of Regents.

 

            Considerable conversation took place following the overview with Board members comments and questions including: a need to focus on underperforming schools; report should include illustrations of solutions; a communications plan needs to be developed creating a wave of interest for all parties; students in the gap need emerging intervention, not a multi-year plan; curriculum is the driving force for the interest level of students; community based organizations can be extremely influential but currently have no sense of the Regents plan; need to structure Department capacity to implement the plan and understand the limitations; middle school needs much greater interest; art and physical education programs are of interest to students and are being eliminated, reducing incentives to student attendance; mentoring programs should be in place in middle and high school; each Regent should establish a regional P-16 council; there should be more individual Board member involvement in legislative and congressional advocacy; and, parental involvement must be much more deeply imbedded.

 

            Commissioner Mills followed with a review of the financial analysis of the P-16 reform proposal, included in item BR (D) 4.  Currently there are $73.2 million in existing funds and 160 staffing FTE’s committed to the proposal, the 2007-2008 budget request has been adopted by the Board which includes an additional $123.3 million and 99 staffing FTE’s and there will be a further need in the 2008-2009 budget request for an additional $93.8 million in funding and 79 staffing FTE’s if the proposal is adopted.

 

            In discussion, the Board members commented: the 160 staff allocated to P-16 education reform represents less than five percent of total staff; need to determine the capacity required to guide proposed interventions; elections are near, the challenges are well articulated and there is a need to question the sources of required revenue; and University resources are available and ready to assist.

 

 


MEETING OF THE FULL BOARD, Monday, October 23, 1:15 p.m.

 


Board Members in Attendance:

 

Robert M. Bennett, Chancellor

Adelaide L. Sanford, Vice Chancellor

Saul B. Cohen

Anthony S. Bottar

Merryl H. Tisch

Geraldine D. Chapey

Arnold B. Gardner

Harry Phillips, 3rd

Joseph E. Bowman, Jr.

James R. Tallon, Jr.

Milton L. Cofield

John Brademas

Roger B. Tilles

Karen Brooks Hopkins

 

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

 

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

 

 

Closing the Gap: P-16 Reform

 

            Ms. Michele Cahill, Senior Counselor to the Chancellor for Education Policy, New York City Department of Education, provided a powerpoint presentation on the New York City Department of Education Multiple Pathways Strategy.  The Department has created an Office of Multiple Pathways to graduation which has designed Learning to Work, initiated and provided operational support to 33 portfolio sites and 23 Learning to Work contracted partnerships, and developed a new full-time GED model.  The office has also created a strategy and resources for transfer school leadership development and with external intermediaries facilitated new transfer school model development.

 

            Following the presentation Board members raised several questions and comments, including: identification of regulatory barriers to the enhancement of transfer schools; consideration of analysis of instructional cost in transfer schools versus comprehensive high schools; appropriateness of middle school transfers, not waiting until failure is exhibited in a comprehensive high school; and, mechanism for identification of students for enrollment in transfer schools.

 

 

 

            The Board continued with a review of the thirteen proposed actions in the plan, listed in three categories, students, systems and structures.

 

  1. Promote a sustainable early education program for all high need students.  Resolve issues of standards, funding and service delivery.

 


COMMENTS:

Comments included having an emphasis on qualified and certified teachers, that sustainability must be retained, and a change in the language from “all high need students” to “all students”.

 

  1. Improve academic outcomes for children with disabilities by setting performance targets, promoting effective practices, and holding schools accountable for dramatic improvements.

 


COMMENTS:

The use of the term “dramatic” improvements was questioned.  The current graduation rate for children with disabilities is 37 percent; a dramatic improvement would be to set a target of 80 percent.  There is a need to focus attention on declassification and proportionality of classification and also greater use of USNY resources in identifying vocational rehabilitation employment opportunities.

 

  1. Improve outcomes for English Language Learners by setting performance targets, promoting effective practices, and holding schools accountable for dramatic improvements.

 


COMMENTS:

The issue of double testing must be resolved and the membership list for the Committee of Practitioners will be distributed to the Board.

 

  1. Improve high school attendance and graduation rates by setting performance targets, promoting practices that remove barriers to graduation, and holding schools accountable for dramatic improvements.

 


COMMENTS:

At the request of several Board members, the proposal to set a State standard for student attendance was removed from the action statement.  Intervention strategies in the 127 highest need high schools must be a top priority but must be inclusive of all high need districts.  Consideration should be given to conversations with the Big 4 school districts, followed by the establishment of performance targets.  The level of the State standard percentage for graduation rates will be discussed by the Elementary, Middle, Secondary and Continuing Education/Vocational and Educational Services for Individuals with Disabilities Committee and designated if agreement is reached.

 

  1. Report student persistence and college completion results, and increase investment in programs that have been shown to remove barriers to graduation.

 

NO COMMENTS

 

 


CONSENT AGENDA ITEMS

 

Summary of the September 2006 Meeting

BR (CA) 1

 

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

 

Registration of Public Schools

BR (CA) 2

            MOVED, that the Board of Regents approve the registration of the Sleepy Hollow Middle School effective with the beginning of the 2006-2007 school year and the Eugene Brooks Middle School effective with the beginning of the 2006-2007 school year.

 

Charter School Revision

BR (CA) 3

 

            MOVED, that the Board of Regents approve the proposed revision to the charter of the Southside Academy Charter School, and any amendment to its provisional charter that is necessary.

 

Conferral of Degrees: Technical Career Institutes, Long Island Business Institute and Taylor Business Institute

BR (CA) 4

 


            MOVED,

that the Board of Regents confer upon the individuals listed in the written item, who have completed the requirements for their registered degree programs at Technical Career Institutes, Long Island Business Institute, and Taylor Business Institute, the respective degrees listed for each institution.

 

Report of the Committee on the Professions Regarding Licensing Petitions

BR (CA) 5

 


            MOVED,

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

 

Master Plan Amendment to Authorize the College of Westchester to Offer an Associate in Applied Science (A.A.S.) Program in Medical Assistant Management

BR (CA) 6

 


            MOVED,

that the Board of Regents approve the amendment of the master plan of the College of Westchester effective October 24, 2006, to authorize the College to offer an Associate in Applied Science (A.A.S.) program in Medical Assistant Management.  This amendment will be effective until October 30, 2007, unless the Department registers the program prior to that date in which case master plan amendment shall be without term.

 

Regents Permission to Operate in New York State: University of Pennsylvania

BR (CA) 7

 


            MOVED,

that the Regents approve the proposed permission to operate effective October 24, 2006, to authorize the University of Pennsylvania to use a clinical agency in New York for clinical education of students in its Master of Science in Nursing degree program titled Pediatric Critical Care Nurse Practitioner.

 




 

Regents Permission to Operate in New York State: Midwifery Institute

of Philadelphia University

BR (CA) 8

 


            MOVED,

that the Regents approve the proposed permission to operate effective October 24, 2006, authorizing the Midwifery Institute of Philadelphia University to use clinical agencies in New York for clinical education of students in its Advanced Certificate program in nurse-midwifery.

 

Regents Permission to Operate in New York State: University of Medicine and Dentistry of New Jersey

BR (CA) 9

 


            MOVED,

that the Regents approve the proposed permission to operate effective October 24, 2006, authorizing the University of Medicine and Dentistry of New Jersey to use clinical agencies in New York for clinical education of students in its Advanced Certificate program in nurse-midwifery.

 

Appointments to the State Professional Standards and Practices Board

for Teaching

BR (CA) 10

 


            MOVED,

Allison Cugini (teacher member) be appointed to a four-year term, beginning October 24, 2006 and ending June 30, 2010; and that Desma DeGraw (teacher education student member) be appointed to a two-year term, beginning October 24, 2006 and ending June 30, 2008.

 

American Museum of Natural History: Master Plan Amendment to Authorize a Doctor of Philosophy (Ph.D.) and Master of Philosophy (M. Phil) Degree Program in Comparative Biology

BR (CA) 11

 


            MOVED,

that the master plan of the American Museum of Natural History, New York City, be amended, effective October 24, 2006, to authorize the Museum to offer a Doctor of Philosophy (Ph.D.) and Master of Philosophy (M. Phil) degree program in Comparative Biology.  This amendment will be effective until October 31, 2007, unless the Department registers the program prior to that date in which case master plan amendment shall be without term.

 




 

Elmira College: Master Plan Amendment to Authorize Elmira College to Offer a Master of Science (M.S.) Degree Program in Health Services Management

BR (CA) 12

 


            MOVED,

that the Board of Regents approve a master plan amendment to authorize Elmira College to offer a Master of Science (M.S.) program in Health Services Management.  This amendment will be effective until October 31, 2007, unless the Department registers the program prior to that date, in which case master plan amendment shall be without term.

 

Charter Applications for October 2006

BR (CA) 13

 

           

MOVED,

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

 

Supplemental Charter Applications

Addendum to BR (CA) 13

 

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

 

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

BR (CA) 14

 


            MOVED,

that the Regents approve the proposed appointments, listed in the item.

 

Resolution Regarding Adult and Childhood Immunizations and Non-Patient

Specific Orders

BR (CA) 15

 


            MOVED,

that effective October 23, 2006, pursuant to the provisions of section 64.7 of the Regulations of the Commissioner of Education, the Board of Regents hereby authorizes the administration by registered professional nurses of Acellular Pertussis vaccine and Human Papilloma Virus (HPV) vaccine to adults and of Rotavirus vaccine and Human Papilloma Virus (HPV) vaccine to children pursuant to non-patient specific orders and protocols ordered by licensed physicians or certified nurse practitioners in accordance with the requirements and conditions set forth in section 64.7 of the Regulations of the Commissioner.

 

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

BR (A) 6

 

            MOVED, that subdivision (b), paragraphs (2) and (4) of subdivision (c), paragraph (4) of subdivision (d), and subdivisions (f) and (g) of section 90.12 of the Regulations of the Commissioner of Education be amended as submitted, effective November 16, 2006.

 

 

Consent Agenda Vote

 

            MOVED, that the Board of Regents approve by consent the following coded items: BR (CA) 1- BR (CA) 15, Addendum to BR (CA) 13, and BR (A) 6.

 

            Motion by:                Regent Harry Phillips, 3rd

            Seconded by:         Regent Milton L. Cofield

            Action:                      Motion carried unanimously

 

 

 

Proposed Amendment to the Rules of the Board of Regents and the Regulations of the Commissioner of Education Relating to the Practice

of Physical Therapy Without a Referral

BR (A) 1

 

            The purpose of the proposed amendment is to implement the requirements of section 6731(d) of the Education Law by defining the experience requirement that a licensed physical therapist must meet to provide treatment without a referral, clarifying the content of the notice of advice provided to a patient prior to treatment by a physical therapist without a referral, and establishing a definition of unprofessional conduct relating to such practice.

 

            MOVED, that section 29.17 of the Rules of the Board of Regents and section 77.9 of the Regulations of the Commissioner of Education be added, as submitted, effective November 23, 2006, as an emergency action upon a finding by the Board of Regents that such action is necessary to preserve the public health and safety to establish necessary regulatory standards to implement on a timely basis the requirements of Chapter 298 of the Laws of 2006 concerning requirements that licensed physical therapists must meet to provide treatment without a referral from specified health care professionals, thereby helping to ensure that licensed physical therapists are qualified to provide such treatment and that patients receive adequate notice relating to such treatment.

 

            Motion by:                    Regent Roger B. Tilles

            Seconded by:              Regent Saul B. Cohen

            Action:                           Motion carried unanimously

 

Extension of Emergency Adoption of Proposed Regulations relating to Behavioral Interventions, Including the Use of Aversive Behavioral Interventions

BR (A) 2

 

            The purpose of the proposed regulations is to establish policy and general rules for behavioral interventions, including a prohibition on the use of aversive behavioral interventions.  The regulations establish a process whereby a panel of independent experts would provide a recommendation to a committee on special education (CSE) or committee on preschool special education (CPSE) for a child-specific exception to the prohibition on the use of aversive behavioral interventions when necessary for behaviors that pose significant health and safety concerns.  The regulations also establish standards for assessing student behaviors, developing and implementing behavioral intervention plans, emergency interventions, use of time out rooms and standards for programs using aversive behavioral interventions, as authorized through the child-specific exception process.

 

            The State Education Department has received a substantial amount of public comment on the proposed rule making.  It was initially anticipated that the proposed rule would be presented for adoption as a permanent rule at the October Regents meeting.  However, additional time is required to review the public comment and determine whether revisions should be made to the proposed rule in response to the comments.

 

            In the event it is determined that substantial revisions must be made to the proposed rule, State Administrative Procedure Act section 202(4-a) requires that the revised proposed rule may not be adopted as a permanent rule until at least 30 days after publication of a Notice of Revised Rule Making in the State Register.  Accordingly, the proposed rule cannot be presented for permanent adoption until the January 8-9, 2007 Regents meeting, which is the first scheduled meeting after expiration of the 30-day public comment period for revised rules established by the State Administrative Procedure Act.

 

            MOVED, that section 19.5 of the Rules of the Board of Regents be amended; that new paragraphs (III) and (mmm) of section 200.1 of the Regulations of the Commissioner be added; that subparagraph (i) of paragraph (3) of subdivision (d) of section 200.4 of the Regulations of the Commissioner be amended; that subparagraph (i) of paragraph (2) and subparagraph (iv) of paragraph (3) of subdivision (a) of section 200.7 of the Regulations of the Commissioner be amended; that a new paragraph (8) of subdivision (b) and a new paragraph (6) of subdivision (c) be added to section 200.7 of the Regulations of the Commissioner; and that a new section 200.22 be added to the Regulations of the Commissioner, as submitted, effective November 18, 2006 as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the public health and safety to minimize the risk of physical injury and/or emotional harm to students who are subject to aversive behavioral interventions that inflict pain or discomfort, by ensuring that the rule’s standards providing for the use of such interventions only when absolutely necessary and under conditions of minimal intensity and duration to accomplish their purpose, remain continuously in effect until the effective date of the rule’s adoption on a permanent basis.

 

            Motion by:                Regent Roger B. Tilles

            Seconded by:         Regent Milton L. Cofield

            Action:                      Motion carried unanimously

 

Proposed Amendment to the Regulations of the Commissioner of Education Relating to Licensure as a Clinical Laboratory Technologist and as a Cytotechnologist and Certification as a Clinical Laboratory Technician

BR (A) 7

 

           
Chapter 755 of the Laws of 2004 added a new Article 165 to the Education Law, establishing three new professions that are practice and title protected: clinical laboratory technologist, cytotechnologist, and clinical laboratory technician.  The purpose of the proposed regulations is to implement the provisions of Article 165 of the Education Law by establishing requirements for licensure as a clinical laboratory technologist or cytotechnologist and for certification as a clinical laboratory technician and requirements for limited permits in these fields.

 

            At its July meeting, the Board of Regents approved on an emergency basis proposed regulations to implement Article 165 of the Education Law by establishing educational program and licensure requirements for the three new professions, including examination, limited permit, and grandparenting requirements.  The July emergency action also established specific education requirements that an applicant must meet for licensure or certification in these new professions, and established content requirements for registered college preparation programs for the three new professions.

 

            The current proposed regulations differ from those adopted by the Regents in July in that the registration requirements for licensure-qualifying programs have been deleted.  It is anticipated that such requirements will be submitted to the Regents for approval once discussions concerning the requirements are completed and the draft language is finalized.  In the meantime, the regulations continue to include the transitional requirements, originally approved by the Board of Regents in July, to provide an opportunity for recent graduates of college programs and those currently in college programs to meet the educational requirement for licensure and obtain a limited permit to practice until such times as they have taken the required examination.

 

            MOVED, that subparts 79-13, 79-14, and 79-15 of the Regulations of the Commissioner of Education be added as submitted, effective October 30, 2006, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare to ensure that procedures and standards are in place to continue to license clinical laboratory practitioners while final determinations are made concerning the requirements for the registration of licensure-qualifying educational programs, thereby enabling such practitioners to meet the health care needs of residents of New York State.

 

            Motion by:                Regent Saul B. Cohen

            Seconded by:         Regent Harry Phillips, 3rd

            Action:                      Motion carried unanimously

 

 


DISCUSSION ITEM

 

Proposed Amendment to the Rules of the Board of Regents Relating to Proprietary College Degree-Conferring Authority

BR (D) 5

 

            The purpose of the proposed amendment to section 3.46 and addition of section 3.58 of the Rules of the Board of Regents is to: establish a transition period before new for-profit institutions are given final or permanent authority to confer degrees; require that a prospective owner of a for-profit college obtain Regents consent to the transfer of degree-conferring authority prior to the change of ownership or control of the institution; and, provide clarity concerning the revocation and surrender of degree-conferring authority at proprietary colleges.

 

            The proposed amendment will be submitted for action at the December 2006 Regents meeting.

 




 


MEETING OF THE FULL BOARD, Tuesday, October 24, 9:30 a.m.

 


Board Members in Attendance:

 

Robert M. Bennett, Chancellor

Adelaide L. Sanford, Vice Chancellor

Saul B. Cohen

Anthony S. Bottar

Merryl H. Tisch

Geraldine D. Chapey

Arnold B. Gardner

Harry Phillips, 3rd

Joseph E. Bowman, Jr.

James R. Tallon, Jr.

Milton L. Cofield

John Brademas

Roger B. Tilles

Karen Brooks Hopkins

 

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

 

            Chancellor Bennett called the meeting to order at 9:30 a.m.

 

 


DISCUSSION ITEM

 

Closing the Gap: P-16 Reform

 

            The Board continued the review of the thirteen proposed actions in the plan.

 

6)    
Raise the learning standards to exceed global standards to graduate all students ready for citizenship, work, and continued education.  Align standards, assessment, curriculum and instruction across P-16, emphasizing transitions.

 


COMMENTS:

In a review of current standards, social studies and art are two areas critical to disconnected students and should have priority.  A review of the standards should include a survey of the standards and assessments of selected states.  Consideration should be given for a requirement for an art course without a test assessment.  The workforce certificate encouraged by the business community should be included in the review of standards and assessments.

 

7)    
Strengthen instruction.  Define, reduce and then eliminate the inequitable distribution of teaching talent.  Require all teachers of core academic subjects to be highly qualified in the subject they are teaching by July 2007. Improve teacher retention.  Focus professional development on effective practices in areas in which academic needs are greatest.  Accelerate the integration of technology into teaching and learning practices in P-16 institutions.

 


COMMENTS:

In the effort to expand the teaching force, paraprofessionals should be given greater opportunity for credentialing.

 

8)    
Advocate for a Foundation Formula to provide State Aid that is adequate, sustainable, fair, and commensurate with the cost of education that enables students to meet the standards.

 


COMMENTS:

Discussion deferred to the review of the item, Detailed Proposal on State Aid to School Districts for 2007-08.

 

9)    
Strengthen the capacity of the State Education Department to support schools as they work to improve student achievement and the Department’s capacity to hold them accountable for doing so.

 


COMMENTS:

Board members need to increase communication with members of the Legislature.  There is a need to develop a community of education, improving the communication of information and involvement of all interested and affected parties.  Some concern was expressed regarding the 2007-08 budget request for fiscal accountability staff rather than an exclusive focus on academic program staff.

 

10)   
Create a P-16 student data system to drive improvements in graduation rates in high school and higher education.

 


COMMENTS:

Where there is interest, private colleges and universities will become partners in addition to the involved public university systems.

 

11)
  Reduce barriers to teaching and learning in high need schools by creating a vision and leadership framework for an integrated education, health and mental health collaboration.  Promote strategies found to be promising in resolving high incident health and mental health problems among children.

 


COMMENTS:

This action is included in the Commissioner’s current performance agreement and is supported by the Board.

 

12)   
Create a P-16 Council to advise the Regents on actions to improve student   outcomes dramatically at each transition point in the P-16 system.

 


COMMENTS:

  There is not consensus on the establishment of a statewide P-16 Council.  Discussion on this proposed action will continue.

 

13)   
Focus regional education networks on joint P-16 strategies and actions to improve student outcomes.

 


COMMENTS:

There was no discussion of this proposed action.

 

            MOVED, that the Board of Regents endorse the paper, “The Proposed Regents Plan for the Next Stage of Educational Reform”.

 

            Motion by:                Regent Saul B. Cohen

            Seconded by:         Regent Milton L. Cofield


            Action:

                      Motion carried unanimously

 

 

 


ACTION ITEMS

 

Chapter 655 Report

BR (A) 3

 

            Section 215 of the Education Law, which was amended by Chapter 655 of the Laws of 1987, requires the report on the status of the schools of the State, “New York: The State of Learning”.

 

            MOVED, that the Annual Report of the Regents to the Governor and Legislature on the Educational Status of the State’s Schools be approved for submission to the Governor and the Legislature.

 

            Motion by:                Regent Anthony S. Bottar

            Seconded by:         Regent Harry Phillips, 3rd

            Action:                      Motion carried unanimously

 




 

September 2006 Fiscal Report

BR (A) 4

 

            The Board received the September 2006 Fiscal report for review and acceptance.  This report reflects actual expenditures through the first half of the 2006-07 State fiscal year and projected expenditures through the lapse period ending June 30, 2007.

 

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

 

            Revenue accounts are in structural balance, allowing for normal reimbursement delays and the planned use of prior year balances.  After expending prior year funds, the Archives Partnership Trust (APT) will use sufficient revenue from the APT endowment, pursuant to Chapter 399 of the Laws of 1998, to maintain structural balance.

 


Motion by:               

Regent Saul B. Cohen


Seconded by:

         Regent Joseph E. Bowman, Jr.


Action:

                      Motion carried unanimously

 

Conceptual Proposal on 2007-2008 State Aid

BR (A) 5

and

Detailed Proposal on State Aid to School Districts for 2007-08

BR (A) 8

SA (A) 2

 

            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 fourth year.

 

            The Regents propose a preliminary estimated increase of $1.48 billion in seven general aid categories.  It is likely that the amount will change after November 15 when additional data is received.  Building, Transportation, Public Access Cost (special education) and BOCES aids have historically experienced significant increases as school districts report their expenditures.  An update will be developed in late November which will probably approximate a $1.7 billion increase.

 

            The Regents recommend that $978 million of the increase be appropriated for a new, simplified Foundation Aid to assist school districts in raising student achievement and accelerating gap closing.

 

            MOVED, that the Board of Regents recommend a proposal with a preliminary estimated increase of $1.48 billion in State aid to school districts for 2007-08, with 82 percent targeted to high need school districts, as well as other details included in item, BR (A) 8.

 

            Motion by:                Regent James R. Tallon, Jr.

            Seconded by:         Regent Milton L. Cofield

            Action:                      Motion carried unanimously

 

 

 

Marge A. Tierney Scholarship Award

 

            The second annual Marge A. Tierney Scholarship Award was presented.  Established by staff of the State Education Department, in memory of a colleague who dedicated her 33 year career to assisting individuals with disabilities, this award is presented annually to an individual with a disability enrolled in a graduate program in rehabilitation counseling.

 

            Ms. Suzanne Roehn was presented the 2006 Marge A. Tierney Scholarship Award of $1000.

 

 

 

            MOVED, that the reports from the Regents Committee on Cultural Education as Trustees of the Collections of the State Museum, State Library and State Archives and the Regents Committee on Higher Education and Professional Practice Executive Session be approved as submitted.

 

            Motion by:                Regent Saul B. Cohen

            Seconded by           Regent Joseph E. Bowman, Jr.

            Action:                      Motion carried unanimously

 



 

CE Trusteeship Meeting

October 17, 2006

Brooklyn Academy of Music

 

Attendees:  Vice Chancellor Adelaide Sanford, Regents Dawson, Brademas, Chapey, Phillips, Cohen, Brooks Hopkins and, by telephone, Regent Bowman.  Staff in attendance: Deputy Commissioner Carole Huxley, Assistant Commissioners Chris Ward, Clifford Siegfried and Janet Welch; also George Webb, Mark Schaming, Robert Daniels, Ruthann Brod, John Hart, Penelope Drooker, Kathleen Roe, Len Simms, Sam Bogen, Loretta Ebert, Van Judd and Mark Schaming.  Brooklyn Academy of Music Staff: Suzanne Youngerman and Jonathan Bigelow.  Division of the Budget Staff: Curtis Funk and Chief Budget Examiner, Charles Foster.  Guests: John Egan, President of the Renaissance Corporation; Abby Milstein, former co-chair of the Regents Commission on Library Services; Patrick Gallagher, of Gallagher Associates; Robert Pattison and Guillermo Cordero of UBS Investment Bank.

 

Deputy Commissioner Huxley corrected the Regents CET (A) 3 item to accurately describe the role of UBS with the Dormitory Authority. The second bullet, last sentence on page 2 of the item should say: …the Dormitory Authority enlisted UBS Investment Bank to provide options for consideration.

 


Collections/Research Facility:

  Robert Pattison, of UBS, reviewed four possible financing options for the facility. Of those four, the Regents recommended that the PIT option (a State bond offering) should be pursued and recommended to the Cultural Education Trust Board and to the Division of the Budget as the best approach, with one caveat. If a new review of the lease/purchase option indicates that additional costs are not substantially higher than other options, it should be reconsidered.

 

Regent Phillips moved that the Regents recommend PIT financing to the Cultural Education Trust Board, with the caveat regarding one more look at the lease/purchase approach.

Seconded by: Regent Tilles

Motion carried unanimously

 

George Webb and Guillermo Cordero reviewed with the Committee the general specifications for the 600,000 square foot facility, as well as the process and result of the Dormitory Authority’s updated scan of over 40 potential building sites.

 

Regent Tilles moved that the Regents recommend to the Cultural Education Trust Board that the Dormitory Authority (DA) move forward with an RFP for land acquisition and, following execution of a Memorandum of Understanding between the SED and the Dormitory Authority, that funds be transferred to the DA to purchase the most suitable site. Furthermore, following acquisition, the Regents recommended that the DA publish an RFP for architectural and engineering design of the facility.

Seconded by: Regent Phillips

Motion carried unanimously.

 


Renewal of the State Museum-Proposed Museum Exhibit Planning and Design Firm

:  The State Museum has proposed two new galleries, Empire State: America Begins in New York and Changes: A Billion Years of the Natural History of New York. Assistant Commissioner Siegfried outlined the conceptual plans for the halls. Staff capacity limits the ability of the Museum to implement the proposed new galleries without the assistance of a Museum exhibit planning and design firm.  Patrick Gallagher, who heads an exhibit design firm of extensive experience with large-scale projects, introduced the Regents to exhibits they have designed across the country.  Using existing “challenge funds, and after issuing an RFP and reviewing qualifications, the exhibit design and planning firm of Gallagher and Associates was selected to assist with the preliminary planning and design of the new galleries. Staff recommended to the Regents that they endorse Gallagher Associates to move the project forward. The Regents and the Cultural Education Trust Board will have the opportunity to review and approve the specific plans before any construction and fabrication of the exhibit halls is undertaken.

 

Motion to endorse the direction of the conceptual planning for the Museum renewal and to recommend to the Cultural Education Trust Board that Gallagher Associates move forward with design of the halls was recommended by Regent Tilles.

Seconded by: Regent Brooks Hopkins

Motion carried unanimously

 

Following a short break, the Regents were joined by Abby Milstein, former Co-Chair of the Regents Commission on Library Services for a discussion of the current status of the Commission’s recommendations, of the strategies that are necessary to achieve the goals set by the Commission and of the obstacles to be overcome by the Regents in their efforts to meet their vision for library service. Several Regents voiced concern that they, themselves, do not press the political leadership to make support of libraries an integral and crucial part of improving the educational results for children, particularly in areas of poverty. There was agreement that there must be a much clearer link between the work of libraries – for literacy, and English language learners, and for building community – and raising academic achievement. The educational establishment, itself, was identified as an obstacle because of the lack of understanding of the value of integrating library resources – as well as of museum and arts organizations – into their plans.

 

 





 



REGENTS COMMITTEE ON HIGHER EDUCATION


AND PROFESSIONAL PRACTICE

 

Your Higher Education and Professional Practice Committee held its scheduled Executive Session meeting on October 24, 2006.   All Committee members were present.  Regent Joseph Bowman, Jr. was also present, 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 13 cases, and be modified in one case as hereafter set forth, and, in two other cases, be accepted, except that the penalty recommended to be imposed in those two cases not be accepted as hereafter set forth.  In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 37 consent order applications and 16 surrender applications be granted.

 

In the case of Richard Anthony Hadden, Physical Therapist Assistant, under Calendar No. 22736, we recommend that wherever the phrase “physical therapy assistant” is used in the Regents Review Committee report and its exhibit in this matter, such phrase be deemed corrected and be deemed to read “physical therapist assistant” and that the record therein, as so corrected, be accepted.

 

In the case of Lawrence Jay White, Dentist, under Calendar No. 22456, the report of the Regents Review Committee be accepted except that its recommendation as to the penalty to be imposed contained in said report not be accepted, and that, respondent’s license to practice as a dentist in the State of New York be suspended for five years upon the charge of which the respondent was found guilty and that execution of the last four years of the period of said suspension be stayed.

 

In the case of Rosanna Cerone, Registered Professional Nurse, under Calendar No. 22341, the report of the Regents Review Committee be accepted except that its recommendation as to the penalty to be imposed contained in said report not be accepted, and that, based upon a more serious view of respondent’s misconduct, respondent’s license to practice as a registered professional nurse in the State of New York be suspended for twenty-four months upon the charge of which the respondent was found guilty and that execution of the last twenty-one months of the period of said suspension be stayed.

 

These recommendations are made following the review of 69 cases involving 16 licensed practical nurses, 12 registered professional nurses, five licensed practical nurses who are also registered professional nurses, five pharmacists, four dentists, three certified public accountants, two architects, two massage therapists, two pharmacies, one acupuncturist, one chiropractor, one licensed clinical social worker, one licensed master social worker, one licensed practical nurse who is also a registered professional nurse who is also a nurse practitioner, one ophthalmic dispenser, one physical therapist assistant, one podiatrist, one professional engineer, one psychologist and one veterinary medicine professional corporation.


 


Restoration Petitions

 

Voted, that the
revocation of the physician license of Edward Jackson Henderson continue until such time that he passes the SPEX examination, and that at such time as he passes the SPEX examination, he then be placed on probation for a period of up to but not to exceed two years under specified terms and conditions, and that upon satisfactory completion of his probationary period, his license be fully restored.
   [HE & PP EXS (A) 4]

 

 

 

Appendix I

NEW YORK
STATE BOARD OF REGEGENTS CHARTER ACTIONS

 

ALCOVE PRESERVATION ASSOCIATION

Alcove, Albany County

 

A provisional charter was granted to this corporation by action of the Board of Regents on July 17, 1998 to promote the history of the hamlet of Alcove in the Town of Coeymans.  T
he Office of Cultural Education
recommends that the provisional charter be made absolute.

 

NEWARK PUBLIC LIBRARY

Newark, Wayne County

 

The board of trustees has petitioned the Board of Regents to form a corporation to operate a public library to serve the residents of the Newark Central School District The Office of Cultural Education recommends that an absolute charter in the first instance be granted.

 

BLAUVELT FREE LIBRARY

Blauvelt, Rockland County

 

A provisional charter was granted to this corporation by action of the Board of Regents on October 28, 1909 to operate an association library.  Such provisional charter was extended by Regents action on June 20, 1941, June 20, 1947, October 24, 1958, June 23, 1967 and made absolute on May 25, 1973.  The board of trustees has applied for an amendment to the absolute charter to designate the geographic boundary to be the Census Designated Place identified as Blauvelt, New York as of the 2000 Census, 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.

 

CHAZY PUBLIC LIBRARY

Chazy, Clinton County

 

An absolute charter in the first instance was granted to this corporation by action of the Board of Regents on December 19, 1901 to operate a school district public library.  The board of trustees has applied for an amendment to the absolute charter to designate the service area as the Chazy Union Free School District, 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.

 




 

NATIONAL WARPLANE MUSEUM

Horseheads, Chemung County

 

A provisional charter was granted to this corporation by action of the Board of Regents under the corporate name “National Warplane Museum of Geneseo” on April 22, 1983 to operate a museum.  Such provisional charter was extended by Regents action on November 21, 1986, September 24, 1993 and was last amended by Regents action on February 4, 1997 to change the corporate name to “National Warplane Museum.”   The board of trustees has applied for an amendment to the provisional charter to change the corporate name to “Wings of Eagles Discovery Center.”  The Office of Cultural Education recommends that the provisional charter be amended accordingly.

 

NORWOOD LIBRARY

Norwood
, St. Lawrence County

 

A provisional charter was granted to this corporation by action of the Board of Regents on August 29, 1912 to operate an association library.  Such provisional charter was made absolute by Regents action on December 13, 1922 and amended on January 22, 1980.  The board of trustees has applied for an amendment to the absolute charter to designate the service area as that portion of the Norwood-Norfolk Central School District that falls within the towns of Potsdam and Stockholm, exempting those areas served by the Hepburn Library of Madrid and the Hepburn Library of Norfolk and to designate the Commissioner of Education as agent of the corporation upon whom process in any action or proceeding against it may be served.  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

 

PHILMONT PUBLIC LIBRARY

Philmont, Columbia County

 

A provisional charter was granted to this corporation by action of the Board of Regents on September 26, 1952 to operate a public library.  Such provisional charter was extended by Regents action on March 29, 1957, September 28, 1962, October 25, 1968 and made absolute on March 29, 1974.  The board of trustees has applied for an amendment to the absolute charter to define the service area as the Village of Philmont, 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.

 

RAQUETTE LAKE FREE LIBRARY

Raquette Lake, Hamilton County

 

A provisional charter was granted to this corporation by action of the Board of Regents on May 25, 1922 to operate an association library.  Such provisional charter was made absolute by Regents action on February 11, 1938.   The board of trustees has applied for an amendment to the absolute charter to define the service area to be the Raquette Lake Union Free School District, 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.

 

ROXBURY LIBRARY

Roxbury
, Delaware County

 

An absolute charter in the first instance was granted to this corporation by action of the Board of Regents on June 29, 1903 to operate an association library.  The board of trustees has applied for an amendment to the absolute charter to change the corporate name to “Roxbury Library Association,” to designate the service area to be the Town of Roxbury, 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.

 

STILLWATER FREE LIBRARY

Stillwater, Saratoga County

 

A provisional charter was granted to this corporation by action of the Board of Regents on September 19, 1958 to operate a library.  Such provisional charter was extended by Regents action on September 27, 1963 and made absolute on December 11, 1976.  The board of trustees has applied for an amendment to the absolute charter to designate the service area to be the Town of Stillwater excluding areas included in the Mechanicville School District which are served by the Mechanicville District Public Library, 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.

 

AMERICAN LIGHT AND TOWER

Rochester, Monroe County

 

The board of trustees has petitioned the Board of Regents to form a museum to gather, preserve, advance and disseminate knowledge about lighthouses throughout the United States;
to maintain and preserve Crossover Island Lighthouse, St. Lawrence International Seaway, Thousand Islands, New York; to gather, collect, own, hold, preserve, display and make available for study appropriate historical artifacts, books, manuscripts, papers, photographs, and other records and materials; and undertake additional projects to maintain and preserve lighthouses throughout the United States.  
The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

 

CHATEAUGAY HISTORICAL SOCIETY

Chateaugay, Franklin County

 

The board of trustees has petitioned the Board of Regents to form a historical
society to promote history and original historical research; to disseminate and encourage a greater knowledge of the history of the State of New York and particularly the Village and Town of Chateaugay in Franklin County; to gather, collect, own, hold, preserve, display and make available for study appropriate historical artifacts, books, manuscripts, papers, photographs, and other records and materials; to encourage the suitable marking of places of historic interest; to bring together those people interested in history, encourage public interest in history, sponsor historical meetings, programs and events, sponsor exhibits, and issue publications in any format;  to cooperate with county and state officials and historical organizations in the collection and preservation of materials of countywide and statewide significance. 
The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

 

GENESEE WARBIRDS

Batavia, Genesee County

 

The board of trustees has petitioned the Board of Regents to form a museum to acquire, collect, restore, maintain, display and fly tactical classic jet aircraft and other aircraft of historic or unique character; to emphasize the preservation and teaching of the history, maintenance, fabrication, and flying skills of these aircraft; to preserve these tactical classic jets and historic or unique aircraft in flying condition whenever possible so as to allow the public the benefit of seeing these aircraft in flight; and to promote, attend, sponsor and host air shows, fly-ins and air racing.  The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

 

THE MUSEUM OF DEMOCRACY

New York City, New York County

 

The board of trustees has petitioned the Board of Regents to form a museum  t
o own, hold, support and display a manifold collection of political and historical artifacts and memorabilia, both originating in the United States and internationally, relating to the exchange of ideas concerning freedom and democracy; promote educational programs such as conferences and seminars to effectively disseminate points of view concerning freedom and democracy;  support the publication of new and newsworthy research and articles on freedom and democracy; and to support and increase the understanding of personal, familial and societal awareness of freedom and democracy.
 The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

 




 

OSWEGO COUNTY VETERANS MUSEUM AND HERITAGE CENTER

Oswego, Oswego County

 

The board of trustees has petitioned the Board of Regents to form a museum to promote education and research with respect to the military heritage and forces of New York throughout its history as it relates to Oswego County veterans;
 to establish a military museum and secure its operation in the interest of New York citizens and the veterans of Oswego County; to acquire by purchase, gift, devise, loan or otherwise, title to or the custody and control of any items which can be useful in building a collection of military artifacts and documents, and in deriving financial support or carrying out any of the purposes of the museum; and to allow and facilitate the citizens of the State of New York and other individuals, organizations, agencies, and interests to participate in the funding of the Oswego County Veterans Museum and Heritage Center.
  The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

 

SPENCERPORT DEPOT AND CANAL MUSEUM

Spencerport, Monroe County

 

The board of trustees has petitioned the Board of Regents to form a museum to
establish and maintain a history museum,
historical research and reference center
, and visitor center relating to the history of the Erie Canal, the Ogden Telephone Company, and transportation and communication in the Village of Spencerport and Town of Ogden in the County of Monroe, State of New York; to collect, own, hold, maintain, preserve, and make available appropriate historical objects and artifacts; to arrange, create, maintain and promote appropriate historical exhibits and displays; to honor the memory of Donald F. and Maxine B. Davison, owners of the Ogden Telephone Company, active citizens whose philanthropy has benefited the community;  to present living history lessons to students in the community; to provide a community meeting place, promote tradition and heritage, and provide facilities to visitors and canal travelers; to promote and support historical research and scholarship, issue publications in any format, and organize historical and cultural activities, programs and events for the public; to cooperate with Ogden Historical Society and with county and state officials and historical organizations to collect, preserve and display materials of local, countywide and statewide significance. 
The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

 

ANDES PUBLIC LIBRARY

Andes, Delaware County

 

A provisional charter was granted to this corporation by action of the Board of Regents on May 25, 1922 to operate a public library to serve the Village of Andes. Such provisional charter was extended by Regents action on May 16, 1941, January 17, 1947 and made absolute on October 26, 1951.  The board of trustees has petitioned the Board of Regents for the dissolution of the charter as the corporation is no longer in operation and all taxes payable by the corporation have been paid.  The trustees request Regents approval of the transfer of the library assets to the Andes Public Library, which was incorporated by action of the Board of Regents under an absolute charter on September 11, 2006 to serve the Town of Andes.  The Office of Cultural Education recommends that the absolute charter of the Andes Public Library, chartered to serve the village, be dissolved and that approval be given to the distribution of the corporation’s assets to the Andes Public Library, chartered to serve the town.

 

CHILDREN’S LEARNING CENTER AT MORNINGSIDE HEIGHTS

New York City, New York County

 

A provisional charter was granted to this corporation by action of the Board of Regents on November 10, 2000 to operate a preschool.  The board of trustees has applied for an amendment to the provisional charter to change the corporate address to 90 LaSalle Street, New York, New York 10027, and as so amended, for an absolute charter.   The Office of Nonpublic School Services recommends that the provisional charter be amended accordingly and, as so amended, be made absolute.

 

THE GILLEN BREWER SCHOOL

New York City, New York County

 

A provisional charter was granted to this corporation by action of the Board of Regents on January 14, 1994 to operate a center-based preschool, kindergarten, and school program for developmentally delayed and learning disabled children.  Such provisional charter was made absolute by Regents action on June 12, 1997.    The board of trustees has applied for an amendment to the absolute charter to change the corporate address to 410 East 92nd Street, New York, New York 10128 and to restate the corporate purposes as follows:

The purpose for which such corporation is formed is to operate and maintain a center-based preschool for developmentally delayed and otherwise learning-disabled children from three to five years of age; an elementary school for children with such disabilities offering instruction from kindergarten through grade 6; and an after-school program for development of age appropriate recreational skills and interests for children attending the preschool and elementary school operated by the corporation
.”
  The Office of Nonpublic School Services recommends that the absolute charter be amended accordingly.

 

SCHOOL FOR LANGUAGE AND COMMUNICATION DEVELOPMENT

Glen Cove
, Nassau County

 

A provisional charter was granted to this corporation by action of the Board of Regents under the corporate name “School for Language and Communication Disorders” on March 22, 1985 to provide preschool and kindergarten educational programs for mentally retarded and developmentally disabled children with language and communication disorders.  Such provisional charter was amended by Regents action on June 19, 1987, including a change of corporate name to “School for Language and Communication Development” and, as so amended, extended.  Such provisional charter was further amended by Regents action on September 18, 1992 and, as so amended, made absolute.  Such absolute charter was amended by Regents action on various occasions with the last amendment being granted on February 8, 2005.  The board of trustees has applied for an amendment to the absolute charter to add authority for the corporation to also operate at 70-20 47th Avenue, Woodside, New York 11377-6010.  The Office of Nonpublic School Services recommends that the absolute charter be amended accordingly.

 

MARIA’S GARDEN MONTESSORI SCHOOL

New Paltz, Ulster County

 

The board of trustees has petitioned the Board of Regents to form a corporation to
establish, maintain, and operate a nursery school for preschool children from three to five years of age, a kindergarten, and a grade one through six elementary school

T
he Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.

 

Olean,
Cattaraugus
County

 

The bo
ard of trustees has petitioned the Board of Regents to form a corporation to operate a pre-kindergarten through grade eight Catholic school.
 
T
he Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.

 

BROOKLYN JESUIT PREP

Brooklyn, Kings County

 

A provisional charter was granted to this corporation by action of the Board of Regents on July 17, 2003 to operate a grade five through eight school for economically deprived young people in the City of New York.  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.

 

GEORGE JACKSON ACADEMY

New York City, New York County

 

A provisional charter was granted to this corporation by action of the Board of Regents on July 17, 2003 to operate a private elementary and secondary school for grades one through twelve. 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.

 

 

THE HUDSON VALLEY CIRCLE OF LEARNING SCHOOL

Washingtonville, Orange County

 

A provisional charter was granted to this corporation by action of the Board of Regents on February 10, 1998 to operate a nursery school for preschool children, a kindergarten, and a grade one through three elementary school.  Such provisional charter was amended by Regents action on April 27, 1999 and February 11, 2003 and, as so amended, extended.   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.

 

KID’S PLACE EARLY CHILDHOOD DAY SCHOOL

Ronkonkoma, Suffolk County

 

A provisional charter was granted to this corporation by action of the Board of Regents on June 17, 2003 to operate a day care center, a center-based preschool for three to five year old children with disabilities, a nursery school for preschool children, a kindergarten,  a grade one through three elementary school and a school for gifted and talented children.  Such corporation was consolidated by Regents action on June 17, 2003 with Hide-and-Seek Children’s Services, Inc., a not-for-profit corporation.  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.

 

LITTLE FLOWER NURSERY SCHOOL

Mamaroneck, Westchester County

 

A provisional charter was granted to this corporation by action of the Board of Regents on July 17, 2003 to operate a nursery school for preschool children from three to five years of age.  Such provisional charter was amended by Regents action on July 21, 2004.   The board of trustees has petitioned for an extension of the provisional charter.  The Office of Nonpublic School Services recommends that the provisional charter be extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

 

MANHATTAN
CENTER FOR EARLY LEARNING

New York City, New York County

 

A provisional charter was granted to this corporation by action of the Board of Regents on November 3, 1995, nunc pro tunc to July 1, 1995, to operate a center-based preschool for children with disabilities from three to five years of age and a day care center pursuant to �460-a of the Social Services LawSuch provisional charter was extended by Regents action on December 20, 1996, September 17, 1999 and December 13, 2002.   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.

 

THREEFOLD EDUCATIONAL FOUNDATION AND SCHOOL

Spring Valley, Rockland County

 

A provisional charter was granted to this corporation by action of the Board of Regents on October 29, 1965 to operate a pre-school, kindergarten and elementary school.  Such provisional charter was made absolute by Regents action on June 27, 1969.  Such absolute charter was amended by Regents action on February 20, 1975 and July 28, 1978. 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 Law130to authorize the corporation to use the assumed name “Green Meadow Waldorf School.”  The Office of the Nonpublic School Services recommends that the consent of the Board of Regents to the filing of such certificate of assumed name be granted.

 

AMERICAN MUSEUM OF NATURAL HISTORY

New York City, New York County

 

This corporation was incorporated by special act of the New York State Legislature by Chapter 119 of the Laws of 1869; amended by Chapter 303 of the Laws of 1898 and Chapter 162 of the Laws of 1909.  Such corporation was approved by Regents action on July 26, 1991 for admission to the University of the State of New York.  T
he board of trustees has applied for an amendment to the absolute charter to add authority for the corporation to confer the degrees of Doctor of Philosophy (Ph.D.), Master of Philosophy (M. Phil.) and to award  from the Graduate School honorary degrees of Doctor of Science (D.SC.), Doctor of Laws (LL.D.), Doctor of Humane Letters (L.H.D.) and Master of Humane Letters (L.H.M.) to those selected by the Board of Trustees.  The Office of Higher Education recommends that the absolute charter be amended accordingly.

 

ELMIRA COLLEGE

Elmira, Chemung County

 

An absolute charter in the first instance was granted to this corporation by action of the Board of Regents
under the corporate name “Elmira Collegiate Seminary” on October 20, 1853.  Such absolute charter was amended pursuant to Chapter 422 of the Laws of 1855 on April 13, 1855 to change the corporate name to “Elmira Female College” and further amended on January 8, 1857 and May 20, 1862.   Such absolute charter was amended by order of the Supreme Court of the State of New York on October 6, 1890 to change the corporate name to “Elmira College”
and was amended by Regents action on various occasions and last amended on March 28, 1958.   The board of trustees has applied for an amendment to the absolute charter to add authority for the corporation to confer the degree of Master of Science (M.S.).  The
Office of Higher Education recommends that the absolute charter be amended accordingly.


 

BRIGHT EXPECTATIONS 

East Elmhurst, Queens County

 

The board of trustees has petitioned the Board of Regents to form a corporation tooperate and maintain special education and ancillary educational programs and services for pre-school and school-age children with disabilities and in support of and to supplement preschool and school-age general education curriculum, provided that any such program meets the standards of the appropriate regulating agency; to provide early intervention and special instruction to infants and toddlers with disabilities and their families; to provide instructional and enrichment services to pre-school children and their families; to establish and operate day care centers within the State of New York, initially within Queens County; to research and design both individualized and group programs to help facilitate the growth, development, and learning of children with disabilities and their non-disabled peers; to furnish those children with disabilities who are homebound with the programs and services of the school within the home; to involve parents in their children’s development as participants and facilitator in the programs of the school; to engage in the training of staff in the growth, development and learning of such children with and without disabilities; and to provide information and materials to the public relating to the programs developed by the corporation, the results of activities conducted by the corporation and the problems of such children with disabilities, and provided that nothing herein shall authorize the corporation to engage in the practice of any profession required to be licensed under Title VIII of the Education Law except where practice by exempt persons in a school setting is authorized by law or where corporate practice is authorized by law.  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 a provisional charter does not constitute approval for state funding for programs and services under the jurisdiction of VESID. The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.

 

COMPREHENSIVE KIDS DEVELOPMENTAL CENTER

New York City, New York County

 

The board of trustees has petitioned the Board of Regents to form a corporation to  operate a school for children with disabilities ages three to twenty-one; to provide special education itinerant services (SEIT); to provide parent training; to provide speech and language therapy and other related services, and provided that nothing herein shall authorize the corporation to engage in the practice of any profession required to be  licensed under Title VIII of the Education Law, other than speech-language pathology or audiology pursuant to Education Law section 8208[2], and except where practice by exempt persons in a school setting is authorized by law or where corporate practice is authorized by law; and to perform research into trends, teaching and learning methodologies, biographical and socio-economic information, statistical information and other topics generally relating to children with disabilities and, in particular, the provision of special education and related services to such children.  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 a provisional charter does not constitute approval for state funding for programs and services under the jurisdiction of VESID.  The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.

 

 

 

Appendix II

REGENTS ACTIONS IN 69 PROFESSIONAL DISCIPLINE CASES

AND 1 RESTORATION PETITION

 

 

            The Board of Regents announced disciplinary actions resulting in the revocation of 7 licenses, surrender of 16 licenses, one of which was originally a certificate, and 46 other disciplinary actions.  The penalty indicated for each case relates solely to the misconduct set forth in that particular case.  In addition, the Board acted upon 1 restoration petition.

 


Acupuncture

 

            Bin Zhang; 110 East Avenue, Norwalk, CT 06851; Lic. No. 000550; Cal. No. 22955; Application to surrender license granted.  Summary:Licensee admitted to the charge of having been found guilty of professional misconduct by the Tennessee State Board of Architectural and Engineering Examiners.

 


Architecture

 

            Louis Carl DiOrio; P.O. Box 4550, Utica, NY 13504; Lic. No. 009874; Cal. No. 21343; Application to surrender license granted.  Summary:Licensee did not contest charges of failing to submit plans and specifications in a timely manner to the State Education Department.



 

 

            Tom Jannetides; 6216 East Washington Street, Indianapolis, IN 46219; Lic. No. 029064; Cal. No. 22939; Application to surrender license granted.  Summary:Licensee admitted to the charge of having been found guilty of professional misconduct by the Tennessee State Board of Architectural and Engineering Examiners.

 


Chiropractic

 


            Andrew L. Orlander a/k/a Andrew Orlander;

93 Haights Cross Road, Chappaqua, NY 10514; Lic. No. 003499; Cal. No. 22445; Application to surrender license granted.  Summary:Licensee admitted to charges of having been convicted of Conspiracy to Commit Health Care Fraud and Conspiracy to Commit Mail Fraud.

 

 


Dentistry

           

            Guillermo Domingo Dilone a/k/a Guillermo Dilone a/k/a Guillermo D. Dilone a/k/a John Doe; 5611 94th Street, Elmhurst, NY 11373; Lic. No. 049623; Cal. No. 22541; Found guilty of professional misconduct; Penalty: Revocation.

 


Massage Therapy

 


            Norddine Abbour;

34 Lorraine Road, Island Park, NY 11558; Lic. No. 016109; Cal. No. 22250; Found guilty of professional misconduct; Penalty: Revocation.

 


            Jung Su Park;

44-11 74th Street, Elmhurst, NY 11373; Lic. No. 016068; Cal. No. 22407; Found guilty of professional misconduct; Penalty: Revocation.

 


Nursing

 


            Maria Denise Murphy;

Registered Professional Nurse; 3044 Ledgebrook Court, Louisville, KY 40241; Lic. No. 460670; Cal. No. 22743; Application to surrender license granted. Summary:Licensee admitted to the charge of withdrawing morphine and Dilaudid without physician orders, fraudulently transcribing an order increasing the prescribed dosage of morphine and diverting these narcotics for her personal use, and failing to document the administration or waste of the morphine and Dilaudid.

 

            Linda Anne Ryan; Licensed Practical Nurse; 3595 State School Road, Albion, NY 14411-9399; Lic. No. 199412; Cal. No. 22767; Application to surrender license granted.  Summary:Licensee admitted to the charge of having been convicted of Criminal Possession of a Forged Instrument in the 2nd Degree, a class D felony.

 

            Bryan Steven Cassinera; Licensed Practical Nurse, Registered Professional Nurse; 3632 Martha Boulevard, Bethpage, NY 11714; 314 North Long Beach Avenue, Freeport, NY 11520; Lic. Nos. 259647, 511585; Cal. Nos. 22792, 22793; Found guilty of professional misconduct; Penalty: Revocation, $10,000 fine.

 

            Jocelyne Louis Charpentier; Licensed Practical Nurse; 100 Carman Avenue, East Meadow, NY 11554; 1107 Furth Road, North Woodmere, NY 11581-2531; Lic. No. 208444; Cal. No. 22829; Found guilty of professional misconduct; Penalty: Revocation, $10,000 fine.

 

            Saramma Jacob; Licensed Practical Nurse; 88 Snowberry Crescent, Rochester, NY 14606-4658; Lic. No. 132120; Cal. No. 22913; Application to surrender license granted.  Summary:Licensee admitted to charges of having been convicted of Willful Violation of Health Laws and Falsifying Business Records in the 2nd Degree.

 

            Roy Lee Jenkins; Registered Professional Nurse; 1933 Nethers Road, Sperryville, VA 22740; Lic. No. 231934; Cal. No. 22923; Application to surrender license granted. Summary:Licensee did not contest charges of failing to properly initiate resuscitation on a patient and failing to properly use an ambu bag on a patient.

 

            Marguerite Anita Anderson, Licensed Practical Nurse; 48 James Street, Schenectady, NY 12304; Lic. No. 079298; Cal. No. 22994; Application to surrender license granted. Summary:Licensee admitted to charges that she threw medications away and documented administration of the same medications to patients.

 


            Michelle L. Berberich;

Registered Professional Nurse; 116 Water Oak, Pineville, NC 28134-8517; Lic. No. 499077; Cal. No. 22995; Application to surrender license granted. Summary: Licensee did not contest the charge of having been found guilty of professional misconduct in North Carolina.

 

            William A. Degraw; Licensed Practical Nurse; 460 Old Town Road, Port Jefferson Station, NY 11776; Lic. No. 256740; Cal. No. 23003; Application to surrender license granted.  Summary:Licensee admitted to charges of stealing the controlled substance Dilaudid from his hospital employer for his own use and of falsifying hospital records.

 


Ophthalmic Dispensing


 


            Mary Elizabeth Pfister;

1464 Lotus Drive, Pottstown, PA 19464; Lic. No. 007377; Cal. No. 22977; Application to surrender license granted.  Summary: Licensee did not contest charges of having been convicted of Driving Under the Influence and Retail Theft.

 


Pharmacy

 


            Naeem Sarfraz Ahmed;

1 Sonia Court, Edison, NJ 08820; Lic. No. 031445; Cal. No. 22264; Found guilty of professional misconduct; Penalty: Revocation.

 


            Thomas John Sobieski;

8 West 11th Street, Deer Park, NY 11729; Lic. No. 027165; Cal. No. 22851; Application to surrender license granted. Summary:Licensee admitted to charges of stealing quantities of controlled substances from his pharmacy employer.

 

            Eugene Finton; 1005 Kenmore Avenue, Buffalo, NY 14217-2925; Lic. No. 019697; Cal. No. 22896; Application to surrender license granted.  Summary:Licensee did not contest the charge of failing to comply with mandatory continuing education requirements.

 


Public Accountancy

 


            Paul Weiner;

Certified Public Accountant; 12 Little Pond Road, Wayne, NJ 07470; Lic. (Cert.) No. 023867; Cal. No. 22278; Application to surrender license (certificate) granted.  Summary:Licensee could not successfully defend against the charge of having been convicted of Attempted Conspiracy to Commit Money Laundering, a felony.

 


            Peter S. Bromberg;

Certified Public Accountant; 8948 Alexandra Circle, Wellington, FL 33414; Lic. No. 060717; Cal. No. 22852; Application to surrender license granted.  Summary:Licensee admitted to the charge of having been convicted of False Statements in a Report Filed with the United States Securities and Exchange Commission (SEC).

 


II. OTHER REGENTS DISCIPLINARY ACTIONS

 


Dentistry

 


            Tarek Abdel Hamid;

477  84th Street, Brooklyn, NY 11209; Lic. No. 043703; Cal. No. 22169; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, 1 year probation, $750 fine.

 

            Henry Ferrarin; 825 Anastasia Boulevard, St. Augustine, FL 32080; Lic. No. 030471; Cal. No. 22324; Application for consent order granted; Penalty agreed upon: 2 year actual suspension, thereafter 2 years probation.

 


            Lawrence Jay White;

1645 Grand Concourse, Bronx, NY 10452; Lic. No. 036682; Cal. No. 22456; Found guilty of professional misconduct; Penalty: 5 years suspension, execution of last 4 years stayed.

 


Engineering and Land Surveying

 


            Daniel T. Kessler;

Professional Engineer; 108 Country Walk Road, Rotterdam, NY 12306; Lic. No. 065433; Cal. No. 22552; Found guilty of professional misconduct; Penalty: 1 year suspension, execution of last 10 months of suspension stayed, 1 year probation, $500 fine.


Nursing

 


            Deborah A. Szella Wells;

Licensed Practical Nurse; P.O. Box 43, Brewerton, NY 13029; 9468 Chalkstone Course, Brewerton, NY 13029; Lic. No. 251790; Cal. No. 22188; Found guilty of professional misconduct; Penalty: Suspension for a minimum of 1 month and until successfully completes course of treatment as set forth in Regents Review Committee report – upon termination of suspension, probation 2 years to commencement upon return to practice, $250 fine.

 


            Neal R. Ginsberg;

Registered Professional Nurse; 1069 East 10th Street, Brooklyn, NY 11230; Lic. No. 529553; Cal. No. 22337; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for not less than one month and until fit to practice as set forth in consent order application – if and when return to practice 2 years probation.

 

            Rosanna Cerone; Registered Professional Nurse; 47 Mountain View Avenue, Albany, NY 12205; Lic. No. 296604; Cal. No. 22341; Found guilty of professional misconduct; Penalty: 24 month suspension, execution of last 21 months stayed.

 

            Curtis Dean Seiferth; Licensed Practical Nurse, Registered Professional Nurse; 102 Roxbury Road, Franklin Square, NY 11010; Lic. Nos. 222519, 446997; Cal. Nos. 22578, 22579; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice - upon termination of suspension 2 years probation.

 

            Yvette Mary Greaves; Licensed Practical Nurse; 73 Cedar Street, Boston, MA 02119-1428; Lic. No. 221072; Cal. No. 22587; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation to commence upon return to practice in New York State.

 

            Ivette Maria Rivera; Licensed Practical Nurse; 26 Victory Avenue, Shirley, NY 11967; Lic. No. 238104; Cal. No. 22588; Found guilty of professional misconduct; Penalty: 2 year suspension, execution of last 21 months of suspension stayed, thereafter 21 months probation.

 

            Nina Veloso; Licensed Practical Nurse; 185 Jackson Avenue, Mineola, NY 11501; Lic. No. 234782; Cal. No. 22650; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 24 months probation.

 

            Boris Y. Rukhlis; Registered Professional Nurse; 2619 East 24th Street, Brooklyn, NY 11235; Lic. No. 514894; Cal. No. 22700; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $1,000 fine.

 

 

            Carrie R. Pursino; Licensed Practical Nurse; 85 Ithaca Street, Lindenhurst, NY 11757-3428; Lic. No. 099621; Cal. No. 22734; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation.

 

            Tracy Lutzy; Licensed Practical Nurse; P.O. Box 15043, Syracuse, NY 13215; Lic. No. 269522; Cal. No. 22735; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

 

            Karin Ann Seibold; Licensed Practical Nurse, Registered Professional Nurse; 26 East Main Street, Canton, NY 13617; Lic. Nos. 251991, 515142; Cal. Nos. 22748, 22749; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension of at least 6 months and until fit to practice – upon termination of suspension 1 year probation to commence upon return to practice, $500 fine.

 

            Steven Ira Good; Licensed Practical Nurse, Registered Professional Nurse; 12638 Cara Cara Loop, Bradenton, FL 34212; Lic. Nos. 234417, 474111; Cal. Nos. 22769, 22768; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation if and when return to practice.

 

            Tina M. Gagliardi; Registered Professional Nurse; 2412 Campbell Avenue, Schenectady, NY 12306; Lic. No. 507075; Cal. No. 22810; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for no less than 3 months and until fit to practice, upon termination of suspension 2 years probation upon return to practice, $500 fine.

 

            Esther M. Ajibola Adigun; Registered Professional Nurse; 639 Albany Avenue, Brooklyn, NY 11203; Lic. No. 237843; Cal. No. 22847; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation to commence if and when return to practice, $500 fine.

 

            Nora Justine Loprieno; Licensed Practical Nurse; 186 Sparling Road, Saugerties, NY 12477; Lic. No. 232641; Cal. No. 22859; Application for consent order granted; Penalty agreed upon: Partial actual suspension in certain area as set forth in consent order application, upon termination of partial actual suspension 2 years probation, $500 fine.

 

            Deborah A. Charette; Licensed Practical Nurse; 2101 Broadway, Watervliet, NY 12189; Lic. No. 264898; Cal. No. 22897; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for no less than 6 months and until fit to practice, upon termination of suspension 2 years probation to commence upon return to practice.

 

            Natasha Andrea Grooms; Licensed Practical Nurse; 89 Rodessa Road, Rochester, NY 14616; Lic. No. 272883; Cal. No. 22898; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension of at least 6 months and until fit practice, upon termination of suspension 1 year probation to commence upon return to practice, $500 fine.

 

            Mary Sue Heenan; Registered Professional Nurse; 421 Riverside Drive, Clayton, NY 13624; Lic. No. 536100; Cal. No. 22901; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

 

            Filipinas Redillas Camu a/k/a Camu Apilado; Licensed Practical Nurse, Registered Professional Nurse; 217 Crooked Putter Drive, Las Vegas, NV 89148; Lic. Nos. 241185, 477919; Cal. Nos. 22906, 22910; Application for consent order granted; Penalty agreed upon: 1 year actual suspension, thereafter 2 years probation to commence if and when return to practice.

 

            Marcia Knapp Carlin; Registered Professional Nurse; 11 Beattie Avenue, Lockport, NY 14094; Lic. No. 182346; Cal. No. 22917; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation to commence if and when return to practice.

 

            Shelia Dozier; Licensed Practical Nurse, Registered Professional Nurse, Nurse Practitioner; 590 East Third Street, Mt. Vernon, NY 10553; Lic. Nos. 147762, 338864, Cert. No. 330177; Cal. Nos. 22921, 22920, 22922; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation to commence if and when return to practice.

 

            Jacqueline J. Ogeen; Licensed Practical Nurse; 392 Wabash, Buffalo, NY 14217; Lic. No. 269871; Cal. No. 22937; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

 

            Amy Charland; Registered Professional Nurse; 344 Smith Road, Amsterdam, NY 12010; Lic. No. 407129; Cal. No. 22946; Application for consent order granted; Penalty agreed upon: 3 year actual suspension, thereafter 2 years probation to commence upon return to practice.

 

            Ebony Dione Sims; Licensed Practical Nurse; 629 Woodbine  Avenue, Rochester, NY 14620; Lic.             No. 271600; Cal. No. 22967; Application for consent order granted; Penalty agreed upon: 1 year actual suspension, 1 year stayed suspension, 2 years probation to commence if and when return to practice.

 


Pharmacy

 

            Bong Do Alexander Lee; 246-06 Cullman Avenue, Douglaston, NY 11363; Lic. No. 029563; Cal. No. 22310; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 24 months probation, $2,500 fine.

 

            Throggs Neck Pharmacy, Inc., d/b/a Lawler Pharmacy; Pharmacy; 4105-07 East Tremont Avenue, Bronx, NY 10465; Reg. No. 018333; Cal. No. 22311; Application for consent order granted; Penalty agreed upon: 24 months probation, $5,000 fine.

 

            Narsinh K. Desai; 3 Bigham Trail, Park Ridge, NJ 07656-1883; Lic. No. 032445; Cal. No. 22786; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $10,000 fine.

 

            Desai’s Pharmacy, Inc.; Pharmacy; 228 West 238th Street, Bronx, NY 10463-2408; Reg. No. 016724; Cal. No. 22787; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $10,000 fine.

 


Physical Therapy

 


            Richard Anthony Hadden;

Physical Therapist Assistant; 53 Oakland Avenue, Walden, NY 12586-1409; Cert. No. 000985; Cal. No. 22736; Found guilty of professional misconduct; Penalty: Censure and Reprimand, $500 fine.

 


Podiatry

 


            Michael James Denicola;

116-120 East 36th Street, New York, NY 10016; Lic. No. 004959; Cal. No. 22415; Found guilty of professional misconduct; Penalty: 36 month suspension, execution of last 30 months of suspension stayed, thereafter 36 months probation, 100 hours of public service.

 


Psychology

 


            Melvon Clifford Swanston;

764 South Drive, Baldwin, NY 11510; Lic. No. 010100; Cal. No. 22801; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation to commence if and when return to practice, $5,000 fine payable by February 28, 2007.

 


Public Accountancy

 


            Michael Steven Pedulla;

Certified Public Accountant; 252 Belle Meade Avenue, Fort Lee, NJ 07024; Lic. No. 076473; Cal. No. 22795; Application for consent order granted; Penalty agreed upon: 12 month actual suspension, 12 month stayed suspension, 2 years probation, $500 fine.

 


Social Work

 

            Susan Z. Hirsch; Licensed Clinical Social Worker; 2955 Bayport Court, Wantagh, NY 11793-4626; Lic. No. 012381; Cal. No. 22317; Found guilty of professional misconduct; Penalty: 5 year suspension, execution of last 2 years of suspension stayed, thereafter 2 years probation.

 

            Edward John Daly; Licensed Master Social Worker; P.O. Box 35, South Cairo, NY 12482; Lic. No. 034418; Cal. No. 22978; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $1,500 fine.

 


Veterinary Medicine


 

            Greenvale Animal Hospital PC; 1 Northern Boulevard, Greenvale, NY 11548; FILLIN  \* MERGEFORMAT  Cal. No. 22891; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, $2,500 fine.

 

 

The Board of Regents voted on October 24, 2006 to stay the order of revocation of the physician license of Edward Jackson Henderson, 232 Mamaroneck Avenue, Mamaroneck, New York 10543, for a period of two years, place him on probation for up to but not to exceed two years under specified terms and conditions, and upon successful completion of the probationary period, fully restore his license. Dr. Henderson’s license was originally revoked effective December 2, 1998.