Skip to main content

Search Google Appliance

Search Google Appliance

1108summary

 

 

 

 

Regents letterhead

 


SUMMARY OF THE NOVEMBER MEETING


 


OF THE BOARD OF REGENTS


 


OF


 


THE UNIVERSITY OF THE STATE OF NEW YORK


 


Held at the State Education Building


Albany, New York


 


NOVEMBER 17 and 18, 2008


 


Anthony Lofrumento, 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, November 17 at 11:00 a.m. and Tuesday, November 18 at 12:15 pm. pursuant to a call duly sent to each Regent.


MEETING OF THE FULL BOARD, Monday, November 17, 11:00 a.m.


Board Members in Attendance:

 

Robert M. Bennett, Chancellor

Merryl H. Tisch, Vice Chancellor

Saul B. Cohen

James C. Dawson

Anthony S. Bottar

Geraldine D. Chapey

Arnold B. Gardner

Harry Phillips, 3rd

Joseph E. Bowman, Jr.

James R. Tallon, Jr.

Milton L. Cofield

Roger Tilles

Karen Brooks Hopkins

Charles R. Bendit

Betty A. Rosa

Lester W. Young, Jr.

              Also present were the Commissioner of Education, Richard P. Mills, Counsel and Deputy Commissioner for Legal Affairs, Kathy Ahearn, and the Secretary, Board of Regents, Anthony Lofrumento. 

              Chancellor Robert M. Bennett called the meeting to order at 11:00 a.m.


ACTION ITEMS

Executive Session Motion

              MOVED, that the Board of Regents convene in Executive Session on Tuesday, November 18 at 8:00 a.m. for the purpose of discussing a personnel matter.

               Motion by:              Regent  Saul B. Cohen          

              Seconded by:           Regent Harry Phillips, 3rd

              Action:                     Motion carried unanimously 

Charter Applications for November 2008

BR (A) 1

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

              Motion by:               Regent Anthony S. Bottar

              Seconded by:           Regent Harry Phillips, 3rd

              Action:                     Motion carried unanimously 

Summary of the September 2008 Meeting

BR (A) 2

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

              Motion by:               Regent Anthony S. Bottar

              Seconded by:           Regent  Harry Phillips, 3rd

              Action:                     Motion carried unanimously

                          

Proposed Amendment of Parts 275 and 276 and 100.2(y) of the Regulations of the Commissioner of Education Relating to Education Law 310 Appeals to the Commissioner of Education

BR (A) 3

                        

              MOVED, that paragraph (4) of subdivision (y) of section 100.2 and Parts 275 and 276 of the Regulations of the Commissioner of Education be amended, as submitted, effective December 11, 2008.

               Motion by:              Regent Anthony S. Bottar

              Seconded by:           Regent Harry Phillips, 3rd

              Action:                     Motion carried unanimously

State Education Department October 2008 Fiscal Report

BR (A) 4

                        

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

              Motion by:               Regent Milton L. Cofield

              Seconded by:           Regent Harry Phillips, 3rd

              Action:                     Motion carried unanimously

Proposed Regents 2009 State and Federal Legislative  Priorities

BR (A) 6

              MOVED, that the Board of Regents acts on the 2009-2010 budget proposal, the Regents priority federal and state legislative proposals and the 2009-2010 State Aid proposal.

              Motion by:               Regent Saul B. Cohen

              Seconded by:           Regent Geraldine D. Chapey

              Action:                     Motion carried unanimously

2
009-2010 Budget Development Process

BR (A) 7

             MOVED, that the Board of Regents approve the 2009-2010 Regents Budget Proposal as presented.

               Motion by:              Regent Geraldine D. Chapey

              Seconded by:           Regent Saul B. Cohen

              Action:                     Motion carried unanimously


DISCUSSION ITEM

Commissioner’s Report to the Board

Oral

              The Commissioner’s written monthly report focused on priority subject areas under consideration during the November monthly meeting: Story Telling; State Aid proposal, foundation formula; Powerful message on promise to poor who deserve the best education; 2009-2010 Foundation Aid, fee increases, no more cuts to revenue accounts, no more operations cuts; Legislative priorities, CTE focus is important, Graduation rates, ELL; Higher Education plan has tremendous field support; Audit Committee, over 200 audits reviewed with recurring “claims auditing” theme will result in training; and follow up questions on reducing paperwork requirements.

 


MEETING OF THE FULL BOARD, Tuesday, November 18, 12:15 p.m.


Board Members in Attendance:

 

Robert M. Bennett, Chancellor

Merryl H. Tisch, Vice Chancellor

Saul B. Cohen

James C. Dawson

Anthony S. Bottar

Geraldine D. Chapey

Arnold B. Gardner

Harry Phillips, 3rd 

Joseph E. Bowman, Jr.

James R. Tallon, Jr.

Milton L. Cofield

Roger Tilles

Karen Brooks Hopkins

Charles R. Bendit

Betty A. Rosa

Lester W. Young, Jr.

              Also present were the Commissioner of Education, Richard P. Mills, Counsel and Deputy Commissioner for Legal Affairs, Kathy Ahearn, and the Secretary, Board of Regents, Anthony Lofrumento.

              Chancellor Robert M. Bennett called the meeting to order at 12:15 p.m.


ACTION ITEMS

Regents 2009-10 Conceptual Proposal on State Aid to School Districts

BR (A) 5

                                      

              Discussed and no action proposed or taken.

Interim Action by Subcommittee on State Aid

BR (A) 9

                        

              MOVED, that the Subcommittee on State Aid of the Board of Regents is hereby authorized to take interim action for the Board of Regents during the period commencing on November 19, 2008 and ending on December 14, 2008 and that any such action shall be reported to the Board at its meeting on December 15-16, 2008.

              Motion by:               Regent Harry Phillips, 3rd

              Seconded by:           Regent Milton L. Cofield

              Action:                     Motion carried unanimously

Appointment to the Roosevelt Union Free School District Interim Board of Education

BR (A) 8

                           

              MOVED, that the Board of Regents approves the appointment of Wihelmina Funderburke to fill a vacancy on the Interim Board of Education of the Roosevelt Union Free School District to serve the remainder of the unexpired term ending June 30, 2010 effective immediately.

               Motion by:              Regent Roger Tilles

              Seconded by:           Regent Milton L. Cofield

              Action:                     Motion carried unanimously


INFORMATION ITEMS

Commissioner’s Summary

Oral

              Commissioner Richard P. Mills summarized the meeting, including status of State Aid proposal, budget recommendations, legislative proposals, CTE findings including cost of start up programs and outcomes, ELL graduation rates, Rockwell-Kent exhibit, archives fee increase, audits work, pharmacist immunization approval, OP technology presentation, implementation of Statewide Plan for Higher Education, and appointment of Roosevelt School Board member.

 

STANDING COMMITTEE REPORTS

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

              Motion by:               Regent Anthony S. Bottar      

              Seconded by:           Regent Joseph E. Bowman, Jr.

              Action:                     Motion carried unanimously

 


REGENTS COMMITTEE ON ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

Your EMSC Committee held its scheduled meeting on November 17, 2008.  All Committee members were present.

ACTION ITEMS

Consent Agenda

              Your Committee recommends that the Regents approve the petitions for registration of two new public schools:  Eagle Elementary School (Bethlehem Central School District) and West Street Elementary School (Newburgh Enlarged City School District).

              Your Committee recommends that the Regents amend subdivision (c) of section 100.14 of the Regulations of the Commissioner of Education relating to the Excelsior Scholars Program for grade seven mathematics and science students, as submitted, effective December 11, 2008.

Charter
School

        Your Committee recommends that the Regents approve and issue the second renewal charter of the Buffalo United Charter School as proposed by the Board of Trustees of the State University of New York and that its provisional charter be extended for a term up through and including July 31, 2011.

MOTION FOR ACTION BY FULL BOARD

      

              Mr. Chancellor and Colleagues:  Your EMSC Committee recommends, and I move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on November 17, 2008, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

Update on Initiatives to Expand Access to Quality Career and Technical Education Programs – the Committee had a discussion with a panel of practitioners and students on what the challenges are to starting and expanding CTE programs and what new initiatives might help to expand access to career and technical education programs.  The panel included Jessica Cohen, District Superintendent at the Onondaga-Cortland-Madision BOCES, Gregg Betheil, Senior Executive for Career & Technical Education, New York City Department of Education; Naomi Saez,  a student at Automotive High School in Brooklyn; and Alexander Alcarraz, a student at the Food and Finance High School.  Jessica Cohen and Gregg Betheil discussed the challenges that districts face in starting up and expanding CTE programs which include:  first-year funding, balancing what programs meet the needs of industry and the economy and those that students are interested in, addressing the differentiated instruction needs of students with disabilities, and the cost of installing and maintaining up-to-date equipment.  The two high school students shared how they became aware of CTE programs in their district, how the experience has been beneficial to their education, and how it has influenced their decision to go on to college. 

English Language Learners – the Committee discussed the graduation rate data for English language learners (ELLs) and the significant achievement gap for these students.  This was a companion item to the September discussions about the graduation rates for students with disabilities and Black and Latino male students. Staff presented information on the graduation results for the most recent cohort of students who graduated in 2007.   State Assemblywoman Carmen Arroyo, Jose Davila, from the Immigration Coalition and Luis Reyes, from the Coalition for Educational Excellence for English Language Learners attended the meeting and responded to questions from members of the Committee.   The Regents agreed that they would like more discussion on strategies to address the needs of this group of students and other student groups with low graduation rates. 

 


REGENTS COMMITTEE ON VOCATIONAL AND EDUCATIONAL SERVICES FOR INDIVIDUALS WITH DISABILITIES

Your VESID Committee held its scheduled meeting on November 17, 2008.   All members were present.  Vice-Chancellor Tisch and Regents Brooks Hopkins, Phillips, and Young also attended.                                   

MATTERS NOT REQUIRING BOARD ACTION

         

              Deputy Commissioner Cort briefly discussed VESID’s Federal legislative priorities.

Item VESID (D) 1, VESID State Rehabilitation Council (SRC) was deferred due to time constraints.   It will be presented at a future VESID Committee meeting.

              Staff provided information on their work related to transition planning and services for students with disabilities. Transition planning is the formalized way to assure that students with disabilities are prepared while still in high school for post-school learning, independent living and employment success.  Information was shared on the support VESID provides to school districts, students and families as well as data regarding school to post-school transition planning.  Policy issues that will have a significant impact on courses of study, transition planning and post-school outcomes for students with disabilities will be addressed in the upcoming year.  (VESID (D) 2)

              The Deputy Commissioner discussed the implications of the budget cuts on VESID and the affect it has had on VESID’s ability to accomplish critical Vocational Rehabilitation and Special Education work.  The discussion emphasized the return on investment to the State of this work (VESID (D) 3)

              The Committee raised questions about Regulations of the Commissioner of Education that will be coming before them in December 2008 for approval relating to extending the initial effective date for required use of State forms for individualized education programs (IEP), meeting notice and prior written notice (notice of recommendation).  Deputy Commissioner Cort responded to questions of the Committee and agreed to provide additional information summarizing the public comment and estimating the possible district cost for implementation at the December 2008 meeting.

 


REGENTS COMMITTEE ON HIGHER EDUCATION

              Your Higher Education Committee held its scheduled meeting on November 18, 2008.   All members were present.

Action Items

Consent Agenda

Your Committee recommends that the Board of Regents confer upon the individuals listed in the Regents item, who have completed the requirements for their registered degree programs at Taylor Business Institute, the respective degrees as listed.  [HE (CA) 1]

Your Committee recommends that the Board of Regents authorize the City University of New York, Brooklyn College of New York to award the Master of Arts in Teaching degree on students successfully completing registered M.A.T. programs at the City University of New York, effective November 18, 2008. [HE (CA) 2]

Briarcliffe
College

              Your Committee discussed the request for Board of Regents authorization for Briarcliffe College – Bethpage and Patchogue campuses to award the Bachelor of Science (B.S.) degree and a master plan amendment to authorize the College to offer a B.S. degree program in Criminal Justice.   The Committee requested additional information on comments received from other colleges and postponed action on this item until next month.  [HE (A) 1]

MOTION FOR ACTION BY FULL BOARD

              Mr. Chancellor and Colleagues:  Your Higher Education Committee recommends, and I move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on November 18, 2008, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

Requirements for Earned Degrees, Honorary Degrees and Registered Degrees – the Committee discussed proposed amendments to regulations that create a new degree title, Master of Studies in Law (M.S.L.) in the category of Professional Degrees and Specialized Degrees; delete the phrase “specialized study” from the definition of the liberal arts core content; and add a new section of law authorizing community colleges to award honorary associate degrees.  This proposed amendment will be brought back to the Regents for approval in January 2009.  [HE (D) 1]

Professional Development for School Leaders – Conceptual Proposal for Revisions to School District Plans – The Committee discussed a conceptual proposal to update the school district professional development plan for school leaders and teachers.   Suggestions were made that the draft language be aligned with Regents priorities (including closing the achievement gap, teaching in urban settings, and the inclusion of technology training and support).   Staff will draft regulations for discussion by the Committee in February or March.  [HE (D) 2]

Draft Board of Regents 2008 Progress Report on the Regents Statewide Plan for Higher Education – The Committee discussed the draft Progress Report on the Regents Statewide Plan for Higher Education that is required to be submitted to the Governor before the end of 2008 (Section 237 of the Education Law).  Input from SUNY, CUNY, the proprietary colleges and the independent college sector is included in this progress report.   The Committee made suggestions for revisions that would include the incorporation of the P-16 guiding principles and improving the preparation of teachers in urban settings among other issues.  The revisions that the Board requested will be made and a final version of the report will be brought to the Board for approval in December.   [HE (D) 3]

Update on the Regents Work Group on Improving the Preparation of Teachers for Urban Education – the Committee was updated on the Regents Work Group on Improving the Preparation of Teachers for Urban Education.  The Committee made recommendations for possible additional members of the Work Group and suggested a discussion on desired outcomes and that the timeline for the work of this group reflect the urgency of the issues to the extent possible. 

                                                                          


REGENTS COMMITTEE ON PROFESSIONAL PRACTICE

Your Professional Practice Committee held its scheduled meeting on November 18, 2008.  All Committee members were present.  Also in attendance was Regent Charles R. Bendit, who was 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 4 cases.  In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 33 consent order applications and 2 surrender applications be granted.  [PPC EXS (A) 1-3]

              These recommendations are made following the review of 39 cases involving nine licensed practical nurses, six registered professional nurses, four pharmacies, three dentists, three licensed practical nurses who are also registered professional nurses, three massage therapists, three pharmacists, two veterinarians, one certified public accountant, one chiropractor, and one ophthalmic dispenser.

Restoration Petitions

Voted, that the Board of Regents deny the petition for restoration of the physician license of Sushila Gupta.  [PPC EXS (A) 4]

Approvals

              Your Committee recommends that the proposed emergency addition of section 63.9 of the Regulations of the Commissioner of Education relating to the Certification of Licensed Pharmacists to Administer Immunizations for the Prevention of Influenza and Pneumococcal Disease and Medications for the Emergency Treatment of Anaphylaxis be approved, as submitted, upon a finding by the Board of Regents that such action is necessary to preserve the public health and general welfare by timely implementing Chapter 563 of the Laws of 2008 to ensure that standards and procedures are in place to certify pharmacists by December 3, 2008, the effective date of Chapter 563 of the Laws of 2008, thereby providing additional opportunities for adults to be immunized against influenza during the current flu season.  [PPC (A) 1]

Consent Agenda Items

              Your Committee recommends that the Board of Regents approve the amendment to the Rules of the Board of Regents relating to applications for the restoration of a professional license which will limit to non-evidentiary information the type of materials that may be submitted in response to the report and recommendation of the Committee on the Professions.  [PPC (CA) 1]

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

              Your Committee recommends that the Board of Regents approve the recommendations of the Committee on the Professions regarding licensing petitions.  [PPC (CA) 3]

MOTION FOR ACTION BY FULL BOARD

              Mr. Chancellor and Colleagues:  Your Professional Practice Committee recommends, and we move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on November 18, 2008, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

              Your Committee discussed several topics of interest, including:

  • Associate Commissioner’s Report – This report is to discuss with the Committee updates on recent events and activities of the Office of the Professions, including:
  • budget issues, including the proposed Regents legislative priority legislation to seek an increase in licensure and registration fees that would protect fiscal stability of the Office of the Professions; and
  • efforts to resolve issues relating to the licensure and permissible practice settings of social workers.  [Oral Report]
  • Implementation of Technology Initiatives Relating to Licensure and Discipline – This discussion focused on OP initiatives to develop and implement a state-of-the-art technology system to increase the effectiveness and efficiency of the processes involved in the licensing of professionals in the 48 professions regulated by OP, the maintenance of an effective discipline system, and the provision of up-to-date practice information to practitioners and the public.  [PPC (D) 1] 

 


REGENTS COMMITTEE ON CULTURAL EDUCATION

Regent James C. Dawson, Chair of the Cultural Education Committee, submitted the following written report.

Your Committee on Cultural Education had its scheduled meeting on November 17, 2008.  In attendance were: Regents Dawson, Brooks Hopkins, Gardner, Phillips, and Tilles.  Absent: Regent Bowman

ITEMS FOR DISCUSSION

Chair’s Remarks:  Regent Dawson greeted everyone and opened the meeting with a brief update regarding the CE Trust Board.  The Board has met and is scheduled to meet in January.  OGS and OCE staff are getting together to work on a site proposal for the new facility.  Regent Dawson also referred to the Rockwell Kent exhibit that opens at the New York State Museum on Saturday, November 22, 2008 and runs though May 17, 2009 in the West Gallery.

Deputy’s Report: Deputy Commissioner Jeffrey Cannell greeted everyone and talked briefly about the Deputy’s Monthly Report that had been electronically distributed to the Board on Regents prior to the November meeting.  Hard copies of this report were provided for meeting attendees.  Mr. Cannell also spoke of the recent New York Library Association’s (NYLA) conference that was held in Saratoga Springs and highlighted some of the events.  Bernard Margolis, the new State Librarian and Assistant Commissioner for Libraries, also attended NYLA.  Mr. Margolis will join the Office of Cultural Education in his new role in January 2009.

Mr. Cannell presented information to the CE Committee regarding an emergency regulation pertaining to museum collection management. The emergency provisions would apply to chartered museums and historical societies authorized to own and hold collections under Rule §3.27.  The emergency regulations will be presented to CE Committee at the December Regents meeting.  For review, proposed language and details will be provided to CE Committee members prior to the December’s Regents meeting.

(CET (D) 1  Amendmentof Part 188 of the Regulations of the Commissioner of Education, relating to State Government Archives and Records Management.

Chris Ward, State Archivist and Assistant Commissioner for the Archives provided information for discussion regarding this Regents Item to amend Part 188 of the Regulations of the Commissioner of Education, relating to State Government Archives and Records Management, and noted that regulations are regularly reviewed and updated.  The drafted revisions to the current regulations will:

  • Improve the management of records by State agencies and of archival records held in the State Archives
  • Bring regulations into compliance with current industry standards, and
  • Improve the Commissioner’s oversight of State government records management programs. 

Ms. Ward shared specific provisions of the proposed amendments and noted that on October 29, 2008, a Notice of Proposed Rule Making was published in the State Register.  Amendment of Part 188 of the Regulations of the Commissioner of Education, relating to State Government Archives and Records Management will come before the full Board in January 2009 for approval and if adopted, would have an effective date of February 5, 2009.

 


REGENTS SUBCOMMITTEE ON AUDITS

Your Regents Subcommittee on Audits met Monday, November 17, 2008..

The Subcommittee was presented with 26 audits this month. The Department’s Internal Audit Workgroup identified nine audits for particular follow up and briefed us on three.  We were briefed on the Office of the State Comptroller’s audit of school district’s use of the Employee Benefit Accrued Liability Reserve Funds. The audit found that many districts were reserving more funds than their projected future and current liability. We asked to be briefed at a future meeting on the specific actions individual Districts take in response to this audit. We were also briefed on the audit of Niagara Falls City School District. Counsel’s office has reviewed the audit and recommended that in follow-up, the Office of Audit Services request documentary support of corrective actions taken by the District. Finally, we were told that in response to the audit of the Highland Central School District, Counsel’s office has written the district requiring board members to receive mandatory training and submit documentation to the Department by December 10, 2008.

The Members of the Subcommittee were presented with a report on the status of Department and District actions regarding the financial condition of the Wyandanch Union Free School. The District has identified more than $1.5 million in spending cuts for the 2008-09 school year and continues to look for additional reductions. Discussions continue regarding deficit financing for prior year’s deficit. The District and Department staffs have been working closely together to address these issues. The Department will continue to monitor the District’s financial condition by reviewing monthly fiscal reports and work closely with the Superintendent, the Board of Education, District administrators and teachers, and others to address both short and long-term priorities for the District.    

We were also presented with a proposed policy change which would require school district claims auditors to undergo mandatory training. Staff believes this requirement will reduce the repeat audit findings in the areas of claim processing and procurement. We approved the proposal and now staff will reach out to the interested parties to obtain input and feedback.  I anticipate bringing this to the EMSC committee in the near future for discussion and final approval before consideration by Full Board.

I have attached the results of the full Review of Audits presented by the Department’s Internal Audit Workgroup for your information. The workgroup consists of Deputy Commissioners Ahearn and Savo, Coordinator Charles Szuberla, Deputy Counsel Erin O’Grady-Parent, and Audit Director James Conway.

 

Appendix I

NEW YORK
STATE BOARD OF REGENTS CHARTER ACTIONS


CULTURAL EDUCATION

ABSOLUTE CHARTER

THE GRAFTON HISTORICAL SOCIETY

Grafton, Rensselaer County

A provisional charter was granted to this corporation by action of the Board of Regents on June 14, 1996.  The board of trustees has applied for an absolute charter.  The Office of Cultural Education recommends that the provisional charter be made absolute.

AMENDMENT OF CHARTERS

FAIRPORT PUBLIC LIBRARY

Fairport, Monroe County

An absolute charter in the first instance was granted to this corporation by action of the Board of Regents on January 25, 1952 to operate a library.  Such absolute charter was amended by Regents action on September 16, 2008.  The board of trustees has applied for an amendment to the absolute charter to define the Library’s service area to be the Fairport Central School District.  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

INTERNATIONAL
JAZZ MUSEUM

New York City
, New York
County

A provisional charter was granted to this corporation by action of the Board of Regents on September 15, 1995.  The board of trustees has applied for an amendment to the provisional charter to change the corporate address to 104 East 126th Street, Suite 2C, New York, New York 10035, to change the corporate name to “The National Jazz Museum in Harlem” and, as so amended, be extended.  The Office of Cultural Education recommends that the provisional charter be amended accordingly and, as so amended, extended for a period of five years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

PIKE LIBRARY

Pike, Wyoming County

A provisional charter was granted to this corporation by action of the Board of Regents on October 22, 1908 to operate a library.  Such provisional was extended by Regents action on October 17, 1941, December 20, 1946 and was made absolute on February 29, 1952.  The board of trustees has applied for an amendment to the absolute charter to designate the service area of the library to be the Town of Pike, 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.

PORTVILLE FREE LIBRARY

Portville, Cattaraugus County

A provisional charter was granted to this corporation by action of the Board of Regents on May 8, 1902 to operate a library.  Such provisional was made absolute by Regents action on March 31, 1910.  The board of trustees has applied for an amendment to the absolute charter to designate the service area of the library to be the Town of Portville, 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.

SMITHVILLE HISTORICAL SOCIETY

Smithville, Chenango County

A provisional charter was granted to this corporation by action of the Board of Regents on June 23, 1978.  Such provisional was extended by Regents action on July 31, 1981 and July 17, 1998.  The board of trustees has applied for an amendment to the provisional charter 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 provisional charter be amended accordingly.

WESTERN TOWN LIBRARY

Westernville
, Oneida County

A provisional charter was granted to this corporation by action of the Board of Regents on April 7, 1923 to operate a library.  Such provisional was extended by Regents action on October 17, 1941, December 20, 1946, October 26, 1951, December 20, 1956, February 23, 1962, March 31, 1967 and was made absolute on November 21, 1974.  The board of trustees has applied for an amendment to the absolute charter to designate the service area of the library to be the Town of Western, to specify the number of trustees to be not less than five nor more than twenty-five, to designate the Commissioner of Education as agent of the corporation upon whom process in any action or proceeding against it may be served, and to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3).  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

WOOD LIBRARY ASSOCIATION OF CANANDAIGUA

Canandaigua
, Ontario
County

This corporation was incorporated by act of the New York State Legislature on April 17, 1868 to operate an association library and was reincorporated by Regents action on June 24, 1896.  Such absolute charter was amended by Regents action on April 27, 1916 and April 7, 1923.  The board of trustees has applied for an amendment to the absolute charter to designate the service area of the library to be the Canandaigua City School District, to specify the number of trustees to be not less than five nor more than fifteen, to designate the Commissioner of Education as agent of the corporation upon whom process in any action or proceeding against it may be served, and to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3).  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

PROVISIONAL  CHARTER

WEST SPARTA
HISTORICAL SOCIETY

Dansville, Livingston County

The board of trustees has petitioned the Board of Regents to form a corporation to  collect, preserve, interpret and make accessible to the public the history of West Sparta; to be the successor to the West Sparta Sesquicentennial Committee; to seek out, collect, preserve and catalogue printed material, images and small artifacts; to elicit and record oral history; record images and sounds of historical interest; to gather and compile information into historical narrative; to identify buildings, structures, or sites that are historic, and assist owners to track their history, to preserve them and list them on historic registers; to educate the public and interpret collections through programs about the history of West Sparta and any history of the region, or nation that enhances the public’s understanding of West Sparta history; to work with the Town Historian to help achieve mutual purposes; to recommend to the Town Board the adoption, enforcement and regular review of an historic preservation ordinance.  The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

EXTENSION OF CHARTERS

THE JOHN THURMAN HISTORICAL SOCIETY

Athol, Warren County

A provisional charter was granted to this corporation by action of the Board of Regents on February 6, 2001.  The board of trustees has applied for an extension of the provisional charter.  The Office of Cultural Education recommends that the provisional charter be extended for a period of five years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

ROUSES POINT-CHAMPLAIN HISTORICAL SOCIETY

Rouses Point, Clinton County

A provisional charter was granted to this corporation by action of the Board of Regents on July 19, 2001.  The board of trustees has applied for an extension of the provisional charter.  The Office of Cultural Education recommends that the provisional charter be extended for a period of five years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

CERTIFICATES OF INCORPORATION

THE ALEXANDER HAMILTON INSTITUTE FOR THE STUDY OF WESTERN CIVILIZATION

Clinton
, Oneida County

The board of trustees has petitioned the Board of Regents to form a corporation to promote excellence in scholarly study of freedom, democracy, and capitalism as these ideas were inspired by contributions of Alexander Hamilton to the founding and survival of the Republic and developed and institutionalized in the United States and within the larger tradition of Western culture; to create and conduct educational programs, presentations, studies, colloquies, and other educational charitable activities associated with this goal; and to refer to other appropriate museums or historical societies the donation or ownership of any artifacts.  The corporation is not authorized to operate or maintain a library, archives, museum or a historical society, or to own or hold collections in connection therewith.  The Office of Cultural Education recommends that a certificate of incorporation be issued.

FRIENDS OF JAMES PRENDERGAST LIBRARY ASSOCIATION

Jamestown
, Chautauqua County

The board of trustees has petitioned the Board of Regents to form a corporation to maintain a volunteer, non-profit association of persons interested in a vital library; to support and cooperate with the library board of trustees and the library director; to promote the use of the library and increase the public’s awareness of its resources and services; to raise and receive funds to provide supplemental financial assistance for special materials and activities for the library and to that end to take and hold by bequest, devise, gift, grants, purchase, lease or otherwise, either absolutely or jointly with any other person, corporation, any property, real, personal, tangible, or intangible, or any undivided interest therein without limitation as to amount of value; to sell, convey  or otherwise dispose of any such property and invest, reinvest, or deal with the principal or the income thereof in such manner as will further the goals and objectives of the library and; to do any other things or act incidental to or connected with the foregoing purposes or in advancement thereof, but not the pecuniary profit or financial gain of its members, trustees, or officers. The Office of Cultural Education recommends that a certificate of incorporation be issued.

NEW YORK
ACADEMY
OF HISTORY

New York City
, New York
County

The board of trustees has petitioned the Board of Regents to form a corporation to enhance history curricula, professionalism and standards in schools, libraries and archives; to provide a forum for members of the historical community and other interested persons to explore, interpret, promote and preserve the rich history of New York State and City; to refer to others appropriate museums or historical societies the donation or ownership of any artifacts; to cooperate with County, City and State officials and historical organizations to help collect and preserve materials of citywide, countrywide and statewide significance; the corporation is not authorized to operate or maintain a library, archives, museums, or a historical society or to own or hold collections in connection therewith .  The Office of Cultural Education recommends that a certificate of incorporation be issued.

A
PPLICATION FOR REGENTS CONSENT TO FILE A CERTIFICATE OF ASSUMED NAME

THE HANDWEAVING MUSEUM AND ARTS CENTER

Clayton, Jefferson County

A provisional charter was granted to this corporation by action of the Board of Regents under the corporate name “1000 Islands Craft School and Textile Museum” on October 22, 1982.   Such provisional charter was amended by Regents action on September 23, 1983 to change the corporate name to “Thousand Islands Craft School and Textile Museum,” extended by Regents action on October 24, 1986, made absolute by Regents action on April 27, 1990 and amended on April 24, 1996 to include a name change to “The American Handweaving Museum and Thousand Islands Craft School.”  Such absolute charter was amended by Regents action on March 20, 2001 to change the corporate name to “The Handweaving Museum and Arts Center.”  The board of trustees has requested that the Board of Regents consent to the filing of a certificate of assumed name pursuant to General Business Law §130 to authorize the corporation to use the assumed name “Thousand Islands Arts Center.”  The Office of Cultural Education recommends that the consent of the Board of Regents to the filing of such certificate of assumed name be granted.


ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

ABSOLUTE CHARTERS

THE BARROW STREET NURSERY SCHOOL AT GREENWICH HOUSE

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 day care center and a nursery school.  The board of trustees has applied for an absolute charter.  The Office of Nonpublic School Services recommends that the provisional charter be made absolute.

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 school.  The board of trustees has applied for an absolute charter.  The Office of Nonpublic School Services recommends that the provisional charter be made absolute.

                                                                                                              

Appendix II

REGENTS ACTIONS IN 39 PROFESSIONAL DISCIPLINE CASES

AND 1 RESTORATION PETITION

November 18, 2008

              The Board of Regents announced disciplinary actions resulting in the revocation of 1 license, surrender of 2 licenses, and 36 other disciplinary actions.  The penalty indicated for each case relates solely to the misconduct set forth in that particular case.  In addition, the Board acted upon 1 restoration petition.


I. REVOCATION AND SURRENDERS

Chiropractic

              Ralph Edward Morelli; Monticello, NY 12701; Lic.No. 001800; Cal. No. 24209; Application to surrender license granted.  Summary: Licensee admitted to charges of having been convicted of Insurance Fraud in the 3rd Degree and Falsifying Business Records in the 1st Degree, both felonies.

Massage Therapy

              Louis I. Augier; Bayport, NY 11705; Lic.No. 005148; Cal. No. 23626; Found guilty of professional misconduct; Penalty: Revocation, $5,000 fine.

Nursing

              Rita M. Pittorf; Licensed Practical Nurse; Kenmore, NY 14223; Lic. No. 152703; Cal. No. 24158; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted of Adulterating a Drug After Shipment in Interstate Commerce.


II. OTHER REGENTS DISCIPLINARY ACTIONS


Dentistry

              Daniel H. Proper; Waterloo, NY 13165; Lic. No. 029903; Cal. No. 23662; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $4,000 fine.

              Jan Wade Gilbert; Lawrence, NY 11559; Lic. No. 029102; Cal. No. 23860; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $3,000 fine.

              Ian Jacob Walker; Amherst, NY 14226; Lic. No. 049040; Cal. No. 23990; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $2,500 fine.


Massage Therapy

              Kelly Anne McCarthy; Hicksville, NY 11801-4559; Lic. No. 020446; Cal. No. 24040; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for not less than 3 months and until fit to practice, upon termination of suspension 2 years probation to commence if and when return to practice, $1,000 fine.

              Jennifer A. Maher; North Chili, NY 14514; Lic. No. 019529; Cal. No. 24063; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.


Nursing

              Louis A. Grauer a/k/a Louis Anthony Grauer; Licensed Practical Nurse, Registered Professional Nurse; Miami, Fl 33138; Lic. Nos. 201622, 510572; Cal. Nos. 22030, 22029; Application for consent order granted; Penalty agreed upon: 6 month actual suspension, 18 month stayed suspension, 2 years probation to commence upon return to practice in New York State, $500 fine.

              LouisinaJean-Louis; Registered Professional Nurse; Elmont, NY 11003; Lic. No. 513773; Cal. No. 22232; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $5,000 fine.

              Barbara Varvara; Licensed Practical Nurse; North Babylon, NY 11704; Lic. No. 270236; Cal. No. 23275; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

              Misty Victoria Pickney; Licensed Practical Nurse; Winston-Salem, NC 27105; Lic. No. 274858; Cal. No. 23386; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 1 year probation to commence if and when return to practice in New York State.

              Laurence B. Brown; Licensed Practical Nurse, Registered Professional Nurse; Sidney, NY 13838-1443; Lic. Nos. 252436, 541227; Cal. Nos. 23564, 23565; Found guilty of professional misconduct; Penalty: 1 year suspension, execution of suspension stayed, probation 3 years, $1,000 fine.

              Colleen G. Insonia; Licensed Practical Nurse; Cohutta, GA 30710; Lic. No. 273285; Cal. No. 23911; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

              Carol Sutter; Licensed Practical Nurse; Ballston Spa, NY 12020; Lic. No. 174951; Cal. No. 23982; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for no less than 1 month and until fit to practice, upon termination of suspension 2 years probation to commence upon return to practice, $250 fine.

              Elisabeth Ann Bigwood; Registered Professional Nurse; Naples, NY 14512; Lic. No. 317369; Cal. No. 24008; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

              Annette H. Merone; Registered Professional Nurse; Rego Park, NY 11374-5203; Lic. No. 277161; Cal. No. 24011; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, 1 year probation.

              JawahirJairam; Licensed Practical Nurse; South Eldert Lane, Montauk, NY 11954; Lic. No. 104418; Cal. No. 24012; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $250 fine.

              Deborah P. Murphy; Registered Professional Nurse; Watervliet, NY 12189; Lic. No. 412901; Cal. No. 24064; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

              Nancy C. Needham; Licensed Practical Nurse; Gansevoort, NY 12831; Lic. No. 229301; Cal. No. 24083; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $250 fine.

              Eileen Mary Cahalan; Licensed Practical Nurse, Registered Professional Nurse; Patchogue, NY 11772; Lic. Nos. 110306, 284947; Cal. Nos. 24087, 24088; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation.

              Kathleen M. Burns; Registered Professional Nurse; Lindley, NY 14858; Lic. No. 517555; Cal. No. 24101; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until mentally fit to practice, upon termination of suspension 3 years probation to commence upon return to practice.

              Jennifer Ann Moses; Licensed Practical Nurse; North Tonawanda, NY 14120; Lic. No. 226947; Cal. No. 24111; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $250 fine.

              Jennifer Lynn Johnson; Licensed Practical Nurse; Cameron Mills, NY 14820-9629; Lic. No. 289923; Cal. No. 24121; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $250 fine.


Ophthalmic Dispensing

              Maria Francesca Salvio; Brooklyn, NY 11223; Lic. No. 007239; Cal. No. 24074; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, 1 year probation, $1,000 fine.


Pharmacy

              Emil John Capozzi; Miller Place, NY 11764; Lic. No. 036694; Cal. No. 23393; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $2,500 fine.

              CVS Albany, L.L.C. d/b/a CVS Pharmacy; Ardsley, NY 10502; Reg. No. 021625; Cal. No. 23786; Application for consent order granted; Penalty agreed upon: $10,000 fine payable within 30 days.

              Rite Aid of New York, Inc.; Pharmacy; Franklin Square, NY 11010; Reg. No. 017380; Cal. No. 23935; Application for consent order granted; Penalty agreed upon: $10,000 fine payable within 30 days.

              Matthew Anagnostopulos; Gloversville, NY 12078; Lic. No. 037067; Cal. No. 23977; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

              Duane Reade; Pharmacy; New York, NY 10006; Reg. No. 018608; Cal. No. 24060; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $7,500 fine.

              Daniel K. Park; Bronx, NY 10458-1202; Lic. No. 033838; Cal. No. 24078; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, 1 year probation to commence upon return to practice, $1,000 fine payable within 30 days.

              Rite Aid of New York, Inc.; Pharmacy; Brooklyn, NY 11207-9064; Reg. No. 022155; Cal. No. 24080; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, $1,000 fine payable within 30 days.


Public Accountancy

              Marc D. Rayner; Certified Public Accountant; Brooklyn, NY 11229; Lic. No. 083737; Cal. No. 24102; Application for consent order granted; Penalty agreed upon: 6 month actual suspension, 18 month stayed suspension, 2 years probation.


Veterinary Medicine

              Holly Ruth Reid; Baldwinsville, NY 13027; Lic. No. 007298; Cal. No. 23972; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $1,000 fine.

              S.N. Begg; Ithaca, NY 14850; Lic. No. 003786; Cal. No. 24098; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for no less than 1 year and until fit to practice, upon termination of suspension 2 years probation to commence upon return to practice.


III. RESTORATION

              The Board of Regents voted on November 18, 2008 to deny the petition for restoration of the physician license of Sushila Gupta, Blauvelt, NY 10913.  Dr. Gupta’s license was originally revoked effective November 13, 1995.