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SUMMARY OF THE DECEMBER MEETING


 


OF THE BOARD OF REGENTS


 


OF


 


THE UNIVERSITY OF THE STATE OF NEW YORK


 


Held at the State Education Building


Albany, New York


 


December 13 and 14, 2007

 


 


David Johnson, Secretary


Board of Regents



THE BOARD OF REGENTS

 

              The Board of Regents of The University of the State of New York held public sessions on Thursday, December 13 at 9:45 a.m. and on Friday, December 14, at 12:15 p.m. pursuant to a call duly sent to each Regent.


MEETING OF THE FULL BOARD, Thursday, December 13, 9:45 a.m.


Board Members in Attendance:

 

Robert M. Bennett, Chancellor

Merryl H. Tisch, Vice Chancellor

Saul B. Cohen

James C. Dawson

Anthony S. Bottar

Geraldine D. Chapey

Arnold B. Gardner

Harry Phillips, 3rd

Joseph E. Bowman, Jr.

James R. Tallon, Jr.

Roger B. Tilles

Karen Brooks Hopkins

Natalie M. Gomez-Velez

Charles R. Bendit

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

              Chancellor Robert M. Bennett called the meeting to order at 9:15 a.m.


ACTION ITEM

Executive Session Motion

              MOVED, that the Board of Regents convene in Executive Session on Thursday, December 13, at 5:15 p.m. and on Friday, December 14 at 8:00 a.m. for the purpose of discussing pending litigation and personnel matters.

              Motion by:              Vice Chancellor Merryl H. Tisch

              Seconded by:           Regent Geraldine D. Chapey

              Action:                     Motion carried unanimously

 


MEETING OF THE FULL BOARD, Friday, December 14, 12:15 p.m.


Board Members in Attendance:

 

Robert M. Bennett, Chancellor

Merryl H. Tisch, Vice Chancellor

Saul B. Cohen

James C. Dawson

Geraldine D. Chapey

Arnold B. Gardner

Harry Phillips, 3rd

Joseph E. Bowman, Jr.

James R. Tallon, Jr.

Roger B. Tilles

Karen Brooks Hopkins

Natalie M. Gomez-Velez

Charles R. Bendit

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

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


CONSENT AGENDA ITEMS

Charter Applications for December 2007

BR (A) 1
 

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

Summary of the October 2007 Meeting

BR (A) 2

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

2008 Regulatory Agenda

BR (A) 3

          

              MOVED, that the 2008 Regulatory Agenda for the State Education Department be approved, as submitted.

Consent Agenda Vote
 

              MOVED, that the Board of Regents approve by consent the following coded items: BR (A) 1; BR (A) 2; and BR (A) 3.

               Motion by:              Regent Saul B. Cohen

              Seconded by:           Regent Geraldine D. Chapey

              Action:                     Motion carried unanimously


ACTION ITEMS

State Education Department October 2007 Fiscal Report

BR (A) 4

              The Board received the October 2007 Fiscal Report for review and acceptance.  Also included is a Variance Report summarizing adjustments for the month.

              All general fund and federal accounts are in structural balance.

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

              Of special note, the Office of Cultural Education Account has been revised to reflect fund transfers and support for other State programs.

              MOVED, that the Board of Regents accept the October 2007 State Education Department Fiscal Report as presented.

               Motion by:              Regent Joseph E. Bowman, Jr.

              Seconded by:           Regent Geraldine D. Chapey

              Action:                     Motion carried unanimously

Acceptance of a $3,000,000 Grant from The Bill and Melinda Gates Foundation to Support the Design Phase of a State of the Art School Improvement Organization with a Service-Oriented Focus

BR (A) 5

              MOVED, that the Regents accept the sum of $3,000,000 from The Bill and Melinda Gates Foundation to support the design phase of a state of the art School Improvement organization with a service-oriented focus.

 

               Motion by:              Regent Charles R. Bendit

              Seconded by:           Regent James R. Tallon, Jr.

              Action:                     Motion carried unanimously

Acceptance of a $600,000 Grant from the Wallace Foundation and a $600,000 Grant from the Gates Foundation for a Total Grant of $1,200,000 to support the P-16 Initiative

BR (A) 6

(Revised)

              MOVED, that the Regents accept the sum of $600,000 from the Wallace Foundation and $600,000 from the Gates Foundation for a total grant of $1,200,000 to further the work of the P-16 Initiative.

              Motion by:               Regent Saul B. Cohen

              Seconded by:           Regent Joseph E. Bowman, Jr.

              Action:                     Motion carried unanimously

State Education Department November 2007 Fiscal Report

BR (A) 7

              The Board received the November 2007 Fiscal Report for review and acceptance.  Also included is a Variance Report summarizing adjustments for the month.

              All general fund and federal accounts are in structural balance.

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

              MOVED, that the Board of Regents accept the November 2007 State Education Department Fiscal Report as presented.

              Motion by:               Regent Joseph E. Bowman, Jr.

              Seconded by:           Regent Geraldine D. Chapey

              Action:                     Motion carried unanimously


DISCUSSION ITEMS

NAEP and State Testing

BR (D) 1

              David Abrams, Assistant Commissioner for Standards, Assessment and Reporting, and Alan Ray, Director of Communications and Policy Development, provided a comprehensive comparison of the National Assessment of Educational Progress (NAEP) and New York State tests.  The comparison was based upon the 2007 NAEP results on 4th and 8th grade reading and math tests and New York State 4th and 8th grade tests.

              The comparison focused on four factors: a comparison of the tests administered; has New York State improved on NAEP and how is it reflected in improvement on State tests; how does New York States improvement on NAEP rank compared to other states improvement; and, how does New York State rank in overall scores of the states.


INFORMATION ITEM

Report on Roosevelt Union Free School District

BR (I) 1

              The Board received a monthly report updating progress made in the Roosevelt UFSD.

              Senior Deputy Commissioner Johanna Duncan-Poitier led the discussion, listing actions and successes in the District during 2007: Board of Regents and Commissioner meet with community; Long Island Regional School Support Center; Full Engagement of The University of the State of New York (USNY); New leadership; strong Board Member Collaboration; Resources; and, a strong Regents ongoing commitment.

P-16 Partnerships

Oral

              The members of the Board were introduced to students, faculty and administrators who represent highly successful P-16 partnerships across the State.

              In 2006, through programs administered by the Department, including the Liberty Partnerships Program, Learn & Serve America, the Science & Technology Entry Program (STEP), and the Collegiate Science & Technology Entry Program (CSTEP), more than 60,000 students statewide benefited from coordinated high school to college connections, service opportunities in local communities, and relationships with the professional community.  These partnerships have successfully resulted in higher academic performance and graduation rates for participating students.

 

Commissioner’s Summary

Oral

              Commissioner Richard P. Mills summarized the meeting, including actions taken by each Standing Committee and decisions regarding Board operations.  These include: separating Elementary, Middle, Secondary and Continuing Education (EMSC), and Vocational and Educational Services for Individuals with Disabilities into distinct standing committees effective in January 2008; separating Higher Education and the Professions into distinct standing Committees in February 2008; establish a quick response capacity within the Department to get questions resolved quickly; and, the Board agenda will focus on policy issues with a reduction in the number of monthly meeting items.


STANDING COMMITTEE REPORTS

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

              Motion by:               Regent James C. Dawson

              Seconded by:           Regent Arnold B. Gardner

              Action:                     Motion carried unanimously

 


REGENTS COMMITTEE ON ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION – VOCATIONAL AND EDUCATIONAL SERVICES FOR INDIVIDUALS WITH DISABILITIES

              Your EMSC-VESID Committee held its scheduled meeting on December 13, 2007.  All members were present. 

ACTION ITEMS

Regulations

Your Committee recommends that Sections 100.14 and 100.15 of the Regulations of the Commissioner of Education, relating to the Excelsior Scholars Program and grants to summer institutes for teachers of mathematics and science be added, as submitted, effective January 23, 2008.   [EMSC-VESID (CA) 3]

Your Committee recommends that Subpart 151-1 of the Regulations of the Commissioner relating to Universal Prekindergarten be repealed and a new Subpart 151-1 be added, as submitted, effective January 3, 2007.  Your Committee also recommends that Subpart 151-1 of the Regulations of the Commissioner relating to Universal Prekindergarten be repealed and a new Subpart 151-1 be added, as submitted, effective December 28, 2007, as an emergency action for the preservation of the general welfare to ensure that the emergency rule adopted at the May Regents meeting, revised and readopted at the July Regents meeting, readopted at the September Regents meeting, and revised and readopted at the October Regents meeting, remains continuously in effect until the effective date of its adoption as a permanent rule.  [EMSC-VESID (A) 2]

CharterSchoolRevisions [EMSC-VESID (A) 1]

Your Committee recommends that the Board of Regents approve the application for the La Cima Charter School.

Your Committee recommends that the Board of Regents approve the application for the Rochester Academy Charter School.

Your Committee recommends that the Board of Regents approve the renewal application of the Bronx Charter School for Children, that a first renewal charter be issued, and that its provisional charter be extended for a term ending on June 30, 2011.

Your Committee recommends that the Board of Regents approve the renewal application of the Pinnacle Charter School, that a first renewal charter be issued, and that its provisional charter be extended for a term ending on June 30, 2009.

Your Committee recommends that the Board of Regents approve the renewal application of the Syracuse Academy of Science Charter School, that a first renewal charter be issued, and that its provisional charter be extended for a term ending on June 30, 2012.

Your Committee recommends that the Board of Regents approve the revision to the initial charter of the Buffalo Academy of Science Charter School, and the provisional charter is amended accordingly.

Your Committee recommends that the Board of Regents approve the revision to the initial charter of the Western New York Maritime Charter School, and the provisional charter is amended accordingly.  

The renewal application from Riverhead Charter School was withdrawn by the applicant. 

Consent Agenda Items

Your Committee recommends that Courtney Totter, Ramon Rodriguez, Sharon Fong and Kieran McGovern be appointed to the New York State Independent Living Council, Inc. for a three-year term beginning January 1, 2008 and ending December 31, 2010, and five reappointments be made to second three-year terms for the following individuals: Monica Redeye, Edith Prentiss, Christine Zachmeyer, Paige Pierce, and Christina Curry beginning January 1, 2008 and ending December 31, 2010.  [EMSC-VESID (CA) 1]

              Your Committee recommends that Lisa Bayer, Joan McGovern, Susan Barlow, Timothy Maggio and Marianne Murphy, be appointed to the New York State Rehabilitation Council for a three-year term beginning January 1, 2008 and ending December 31, 2010 and that Howard Gross and Dora Lee Stanley be reappointed for a three-year term beginning January 1, 2008 and ending December 31, 2010.  [EMSC-VESID (CA) 2]

MOTION FOR ACTION BY FULL BOARD

     

Mr. Chancellor and Colleagues:  Your EMSC-VESID 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 December 13, 2007, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

Proposed Amendment to the Regulations of the Commissioner Relating to Local High School Equivalency Programs – The proposed amendment extends, through June 30, 2011, the existing regulation that allows boards of education to award a local high school equivalency diploma.   The proposed amendment will be submitted for action at the January 2008 Regents meeting.  [EMSC-VESID (D) 1]

Designing our Future - New Vocational Rehabilitation Initiatives - The Committee discussed several key initiatives that VESID has undertaken with USNY partners and other State agencies that will assist in improving services and employment opportunities to individuals with disabilities through collaborative partnerships with stakeholders and expanded outreach to consumers. [EMSC-VESID (D) 2]

Education programs and services for students with autism, including Asperger's Syndrome - The Committee discussed work that has been done, new initiatives planned to improve education services and results for children with autism as well as planned next steps.  [EMSC-VESID (D) 3]

Update on Contracts for Excellence – The Committee discussed an update on the approved Contracts for Excellence and actions planned.  The report provided an overview on the contracts, contract expenditures (for both New York City DOE and the Rest of State), examples of contract programs and next steps.  [EMSC-VESID (D) 5]

SED Plan for Monitoring – The Committee heard a presentation and discussed the Coordinated Monitoring Plan.   The Plan ensures that district and school programs will be reviewed in a comprehensive and cohesive way that will eliminate fragmented, independent program office reviews occurring at various times throughout the school year.  [EMSC-VESID (D) 4]

Career and Technical Education and possible future policy directions – The Committee received a report that updates the Regents policy on Career nd Technical Education (CTE), including how CTE programs contribute to closing the achievement gap, program quality, and enrollment data.  The report also suggests future policy directions for Regents consideration to create a system to expand the number of CTE programs, increase the number of partnerships with colleges, and examine CTE assessments.  The Committee considered possible topics for discussion at a Regents Regional Committee meeting on Career and Technical Education (CTE), to be scheduled in January 2008.  [EMSC-VESID (D) 6]

 


REGENTS COMMITTEE ON HIGHER EDUCATION


AND PROFESSIONAL PRACTICE

              Your Higher Education and Professional Practice Committee held its scheduled meeting on December 14, 2007.  All members were present, except Vice Chancellor Merryl H. Tisch and Regent Anthony S. Bottar, who were excused from the executive session.  Regent Joseph Bowman, Jr. and Regent Charles R. Bendit were also present for the executive session, but did not vote.  Regent Anthony S. Bottar was excused from the public session. 

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 40 consent order applications and 11 surrender applications be granted, and further recommends that 2 summary suspension applications be granted.

              These recommendations are made following the review of 57 cases involving 13 licensed practical nurses, eight registered professional nurses, four dentists, five pharmacists, three licensed practical nurses who are also registered professional nurses, three physical therapists, two chiropractors, two land surveyors, two psychologists, one physical therapy assistant, one acupuncturist, one architect, one clinical laboratory technician, one licensed clinical social worker, one licensed master social worker, one dental professional corporation, one mental health counselor, one pharmacy, one podiatrist, one professional engineer, and one respiratory therapist.

Restoration Petitions

              Voted, that the Board of Regents stay the order of revocation of the physician license of Leon Turovsky for a period of two years, that he be placed on probation for a period of 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]

Action Items

              Your Committee recommends that the Board of Regents accredit for seven years, the teacher education programs offered by Marymount Manhattan College with conditions. [HE&PP (A) 1]

Your Committee recommends that the Board of Regents authorize Globe Institute of Technology, under its new owner, 878 Education, LLC, to award the Associate in Applied Science (A.A.S.), Associate in Occupational Studies (A.O.S.), Bachelor of Business Administration (B.B.A.), and Bachelor of Technology (B.Tech.) degrees on duly qualified students successfully completing registered programs for a period beginning immediately and ending on June 14, 2008, with the condition that, by January 14, 2008, it demonstrate to the Commissioner’s satisfaction its financial viability should it not be approved to participate in Title IV programs and the Tuition Assistance Program.  Should Globe fail to satisfactorily demonstrate financial viability, the Commissioner shall recommend that the Regents terminate this grant of authority to award degrees.  The Regents asked staff to come back to them with updated information as it pertains to short-term ownership of proprietary colleges.  The vote for the motion to approve was 4 yes and 2 abstained (Vice Chancellor Tisch and Regent Cofield).  [HE&PP (A) 3]

              Your Committee recommends that the Board of Regents approve the four recommendations for evaluating teacher preparation programs.  The recommendations are aligned with the Regents teaching policy and were prepared in accordance with section 305 of the Education law as amended by Chapter 57 of the Laws of 2007.  [HE&PP (A) 4]

              Your Committee recommends that the Board of Regents approve the three prevention and enforcement measures stated in the student safety report that would:

  • provide statutory authority for the Department to automatically suspend and subsequently revoke teaching certificates of individuals who are convicted of sex-related crimes that are subject to the registration requirements of the Sex Offender Registration Act (SORA);
  • request resources to increase the Department’s capacity to carry out its statutory mandates; and
  • request an increase to the Department’s 2008-09 budget request to include General Fund resources in the amount of $850,000 for prevention initiatives.

[HE&PP (A) 6]

Regulations for Approval

Your Committee recommends that section 52.21(b)(2)(iv)(c)(3)(i) and (ii) of the Regulations of the Commissioner of Education be amended, as submitted, effective December 31, 2007, as an emergency action, upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare in order to enable certain teacher education programs to complete the accreditation process, and accordingly, achieve accreditation, and to extend the period of eligibility for certain teacher education programs, initially denied accreditation, to request a deferral of the date by which they must be accredited, providing these programs additional time to address deficiencies that lead to the determination denying accreditation, and thereby, limiting disruption to students while helping to ensure improvements in program quality  [HE&PP (A) 2]

Consent Agenda Items

Your Committee recommends that subdivision (w) of section 50.1 and subdivision (g) of section 145-2.1 of the Regulations of the Commissioner of Education be added, and that paragraph (4) of subdivision (c) of section 52.2 of the Regulations of the Commissioner of Education providing regulatory relief in the event of a temporary closure of an institution as a result of a disaster, be amended, as submitted, effective January 3, 2008.  [HE&PP (CA) 1]

              Your Committee recommends that the Board of Regents approve the reappointment of adjunct members of the Regents Review Committee.  [HE&PP (CA) 2]

              Your Committee recommends that the Board of Regents approve the appointments and 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.  [HE&PP (CA) 3]

              Your Committee recommends that the Board of Regents approve the recommendations of the Committee on the Professions regarding licensing petitions.  [HE&PP (CA) 4]

              Your Committee recommends that the Board of Regents approve the proposed permission to operate in New York State for the University of Pennsylvania:  Bachelor of Science Nursing degree program.  [HE&PP (CA) 5]

Your Committee recommends that the Board of Regents grant DeVry University, Inc., Oakbrook, Illinois, authority to: (1) operate, under the name DeVry College of New York, a campus in Long Island City, Queens, and a branch campus in Manhattan (New York County); (2) award the degrees of Associate in Applied Science (A.A.S.), Bachelor of Professional Studies (B.P.S.), Bachelor of Technology (B.Tech.), Master of Business Administration(M.B.A.), and Master of Science (M.S.); and (3) offer associate degree programs in the discipline area of Engineering, baccalaureate programs in the discipline areas of Business, Engineering, and the Physical Sciences, and master’s degree programs in the discipline areas of Business and the Physical Sciences; and that the Board terminate the separate authority granted to DeVry, Inc. on June 18, 1996, and to DeVry University, Inc. on October 5, 2001.   [HE&PP (CA) 6]

              Your Committee recommends that the Board of Regents approve the annulment of professional registrations for licensees in physical therapy who have had passing test scores invalidated by the Federation of State Boards for Physical Therapy, the administrator of the National Physical Therapy Examination.  [HE&PP (CA) 7]

MOTION FOR ACTION BY FULL BOARD

              Mr. Chancellor and Colleagues:  Your Higher Education and Professional Practice Committee recommends, and I move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on December 14, 2007, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

              Your Committee discussed several topics of interest, including:

  • Proposed amendment of the Regulations of the Commissioner of Education relating to the continuing education requirement for dentists.  The proposed amendment will conform the Commissioner’s Regulations to Education Law sections 6604-a and 6611 recently amended by Chapter 183 of the Laws of 2007 by increasing the continuing education requirement for New York State licensed dentists from 45 hours to 60 hours per triennial registration period and also requiring dentists to complete at least three hours in dental jurisprudence and ethics as part of the mandatory continuing education requirement and become certified in cardiopulmonary resuscitation.  These regulations will be submitted for action at the January 2008 Regents meeting and, if approved, will become effective on February 7, 2008.  [HE&PP (D) 1]
  • Structure and Content of Students with Disabilities Teacher Certification.  The Committee discussed a preliminary proposal informed by the guidance of the Board of Regents, the Special Education Work Group and an internal assessment of the certification structure, trend data and workforce supply research.  The proposed new structure reduces the total number of special education certificate titles from 45 to 3.  The Committee endorsed the proposal which allows the Department to move forward on the development of regulations.  [HE&PP (D) 2
  • Implementation of the New Law on Teacher Tenure Determinations (Chapter 57 Requirement). The Committee discussed the conceptual approach which establishes the minimum standards and procedures for teacher tenure determinations made on or after July 1, 2008 as required by law.  The Committee endorsed the proposal which allows the Department to move forward on the development of regulations.  [HE&PP (D) 3]

             


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 December 13, 2007.  Regents Dawson, Tilles, Phillips, Bowman and Brooks Hopkins attended.  Regent Gardner was absent.

ITEMS FOR DISCUSSION


Chairs’ Remarks

Regent Dawson greeted everyone and opened the meeting.  Regent Dawson and Deputy Commissioner Jeffrey Cannell have been following up on the changes made to the budget and approved by the Board of Regents at the October meeting with particular focus on the Cultural and Museum Education Act.

Regent Karen Brooks Hopkins had a meeting with the New York State Council on the Arts’ (NYSCA) new leadership and it appears NYSCA prefers not to be a grantor in that Act but rather participate in the forming of a steering committee.

Regent Dawson and Deputy Commissioner Cannell met with Assemblywoman Nolan’s staff and they may view proposed changes as technical amendments.

Regent Dawson and Commissioner Cannell will be meeting with Senator Saland sometime in January if not before.

Janet Welch and Regent Dawson have a meeting coming up to advocate for libraries.


Deputy’s Report

Deputy Commissioner Cannell spoke of the Monthly Report.  Deputy Commissioner Cannell asked if anyone had any questions relating to the information provided in that report: Public Library Construction Grants; Improved access to manuscripts and historic items in the Research Library collections; Statewide Summer Reading Program; The State Historical Records Advisory Board (SHRAB); Significant Archival Events; 2007 Researching New York Conference; New Netherlands Records; and Emergency Preparedness.  Gates Grants and State Museum Gallery Renewal will be presented during the meeting.

Deputy Commissioner Cannell had attended a meeting with the Regents Advisory Committee on Libraries that meets quarterly - a group of library leaders that come from through out the State and want to move the Regents mission forward.

Deputy Commissioner Cannell presented information on the importance of a statewide digitization initiative, the need for leadership and standards to develop a statewide digitization platform.  Regent Dawson pointed out that this would also pertain to the archives.

Regent Phillips suggested the need to have a Technology Office that would have authority to overlook the process but that funding may be an issue.

              Deputy Commissioner Cannell spoke briefly of the Flushing Remonstrance document that is currently being exhibited at the Queensboro Library in Queens, NY.  It is receiving public and media attention and at the local and national levels.

CE (A) 1 - Christine Ward, Assistant Commissioner for the NYS Archives presented the following proposed regulations to the Regents at the October Cultural Education Committee meeting for review and discussion.  At that time, it was recommended that the Regents take the following action:  That sections 185.1, 185.2, 185.3, 185.6, 185.7, 185.8, 185.9, 185.10 of the Regulations of the Commissioner of Education be amended, and that subdivision (c) of section 185.5 be amended, as submitted, with an effective date of January 3, 2008.  Today, it is before the CE Committee for approval of the regulations as submitted.  Ms. Ward provided additional background information pertaining to the regulations and gave the CE Committee members an opportunity to ask questions.  Regulations approved.

Motion by: Regent Tilles

Seconded by: Regent Bowman

Action:  Motion carried unanimously

Carol Desch, Coordinator of Statewide Library Services introduced Mary Linda Todd who provided information regarding Bill and Melinda Gates Grants including handouts.  Ms. Todd presented a brief background on the Grants Program beginning in 1998 – the year we began working with them – to the present including amounts of awards, number of computers provided to libraries statewide and the training and technical support made available though the Bill and Melinda Gates Grants program.

Regent Dawson emphasized the need to include programs, initiatives such as these in the P16 Newsletter.

Clifford Siegfried, Director of the NYS Museum, gave an update report pertaining to the State Museum Gallery Renewal and provided handouts to the CE Committee members that included timelines, master floor plans, and schematic designs for each of the exhibits: Natural Science Gallery, Empire State Gallery and the Native Peoples Gallery.

The Museum gallery master plan was presented to the development team for final review.  The Museum is now in the final stage of master planning. The Natural History Gallery planners have also presented the 100% schematic design plan. The organizing themes/messages for the natural history gallery and the Empire State Gallery are that New York's landforms, ecosystems, plants and animals have been evolving and changing for more than 4 billion years; and that New York's people have been interacting with the environment and creating diverse cultures for the past 13,000 years and, over the past 400 years, have played a pivotal role in the history of the nation and the world.

 


POLICY INTEGRATION AND INNOVATION

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

Your Committee held its scheduled meeting on December 13, 2007.  Vice Chancellor Tisch, and Regents Cohen, Dawson, Bottar, Chapey, Bowman and Tallon were present.  Regents Gardner, Phillips, Tilles, Brooks Hopkins, Gomez-Velez and Bendit also attended.  Commissioner Mills was present. 


M


ATTERS NOT REQUIRING BOARD ACTION

Your Chair asked Committee members to review the Regents Communications and Advocacy Strategies item.  Key comments from this discussion were:

  • Focus on developing a consistent core message.  Be clear about who are the target audiences and tailor this core message accordingly.
  • Keep the plan simple and focus, in the short-term, on advocacy for the Regents budget priorities.
  • Need to figure out how to best use the knowledge of the individual Regents.
  • Seek out the pro bono assistance of a professional communications firm to help design an initial plan.
  • Need to develop a staffing plan to support the Regents communications and advocacy activities.
  • Staff should proceed with developing proposals for new communications vehicles.

Your Chair then asked Committee members to review the proposed Long-Term Calendar for Regents monthly meetings and regional committee meetings. The Committee was supportive of the proposed schedule for 11 monthly meetings each year, supplemented by regional committee meetings.  These regional meetings would not be regular business sessions, but rather would focus on a single policy issue and would be organized to engage constituents in dialogue. Technology was added as a topic for a further regional meeting.  The Committee asked staff to review the specific proposed dates for the regional meetings to avoid certain scheduling conflicts.

The Committee reviewed the Regents Two-Year Policy Calendar. After a brief discussion, the Chancellor requested that the Committee Chairs review the document at their committee meetings and then suggest any needed additions, deletions or changes in proposed sequencing.  The Board will then take final action on the revised calendar in January.

Your Committee received an oral report from the Commissioner on progress in developing a plan for managing the three Foundation grants being accepted this month.  Key points from his presentation were:

  • The grant awards which the Board sought and secured support three powerful levers of change that are connected and contained in the Board’s P-16 Action Plan.
  • The structure of overseeing and managing the three initiatives begins with Board leadership.  The Regents are the customers for all three projects and will provide on-going strategic direction during the duration of them.  The Regents, both as a full Board, in Committees, and as individual Regents will have ready access to the consultants.  And, each month, the Board will receive a written progress report.
  • The three consulting firms that have been hired will work closely with the Board and understand that their respective work must be well-coordinated.
  • Each project will have a Leadership Team comprised of Board members, the Commissioner and the Senior Deputy for P-16 Education that will make sure the Regents expectations are met.
  • There will also be a management team, comprised of the Commissioner and the Deputies to oversee development of project plans and monitor progress.
  • Each project will have work team(s) comprised of consultants and SED staff.  These teams will do the tasks outlined in the project plans.
  • Each project will also have an administrator who will handle logistics and fiscal issues.
  • Next steps include: announcing the grant awards publicly and to SED staff, arranging for McKinsey & Co consultants to interview all Board members, and to get field input.

As a final discussion item, the Committee reviewed the description of how appointments are currently made to board and advisory committees.  The Commissioner underscored his commitment that the Deputy Commissioners will notify Regents of pending vacancies with sufficient lead time for members to suggest candidates.

 

 


REGENTS SUBCOMMITTEE ON AUDITS

Your Subcommittee on Audits held its scheduled meeting on December 14, 2007


Subcommittee Members in Attendance:

Geraldine D. Chapey, Chair

Regent Joseph Bowman Jr.


Discussion Items

  • Regent Chapey opened the meeting acknowledging the end of the calendar year and the changes that took place over the past year in terms of the volume of the audits, and changing direction as to how the audits are presented to the Subcommittee.  Focus is more on the issues, trends, and policy as opposed to individual audits.  She noted that among the audits presented this month, there are five school district audits with no recommendations.
  • The members were provided with the Proposed Process for Reviewing Audits.  The approach shifts from individual audits to a broader view of audits as indicators of trends.  This will allow the Subcommittee to focus on potential policy implications of the audits. 

              The Subcommittee will be periodically presented with

  • Policy implications of trend data that is developed through the analysis of all audits
  • Specific audit concerns identified by the Department’s Audit Work Group that are significant and require the Subcommittee’s attention
  • Follow-up information on audits that were identified as significant by the Audit Workgroup or the Subcommittee

              The Subcommittee will annually be presented with

  • The results of the New York State Financial Audit with particular emphasis on Education Department issues
  • The results of the New York State single audit
  • A briefing in the State Education Department’s internal control processes and the Commissioner’s annual certification
  • A Summary of the financial condition of school districts
  • A briefing on the Department’s budget development and monitoring process
  • An Annual Report on the Activities of the Regents Subcommittee on Audits
  • An Annual Report on the Accomplishments of the Office of Audit Services (OAS)

Biannually the Subcommittee will annually be presented with

  • A draft audit plan for OAS
  • The final audit plan for OAS

Regent Chapey commented that this approach will be more meaningful.  Regent Bowman said that he would like more time to review the proposal, but it sounds positive.  It was agreed the proposed process will be shared with Regents Cofield and Gardner and discussed at the next meeting.

  • OSC staff discussed the result of their audit of the Enterprise Charter School in Buffalo.  Their audit focused on payments to the former CEO and the claims processing system.  The findings indicate that the former CEO received payments that were inappropriate and unauthorized.  In addition, there was no process to audit or monitor the claims payment.  In general, the Board failed to monitor the School’s finances.

According to the Office of P-16 staff, Enterprise Charter School will come before the Regents in January because they are applying for a renewal of their charter.  The current charter expires in March of 2008. 

  • KPMG auditors discussed the audit of the financial statement of NYS.  As part of the audit, they had to do site visits of several State agencies.  They reported that SED, as compared to other agencies, had very few issues.  No adjustments were necessary to the SED balances and no specific control deficiencies were noted in the internal control.
  • Completed audits presented this month:

Office of Audit Services (OAS)

Orleans-Niagara BOCES Pre-Kindergarten Special Education Programs

New York City Department of Education Special Education Preschool Audit of    Special Kids Intervention Program, Inc. (SKIP)

VESID Rochester District Office

Office of the State Comptroller

Averill Park Central School District

Avon Central School District

Bainbridge-Guilford Central School District

Ballston Spa Central School District

Bronxville Union Free School District

Cleveland Hill Union Free School District

Clymer Central School District

Edwards-Knox Central School District

Elmsford Union Free School District

Gilbertsville-Mount Upton Central School District

Haldane Central School District

Hampton Bays Union Free School District

Holland Patent Central School District

LaFayette Central School District

Lewiston-Porter Central School District

Massena Central School District

Mexico Academy and Central School District

Minerva Central School District

Northeastern Clinton Central School District

Onondaga-Cortland-Madison BOCES Regional Information Center (RIC)

Peekskill City School District

Pine Plains Central School District

Putnam Central School District

Quogue Union Free School District

Randolph Academy Union Free School District

St. Johnsville Central School District

Schodack Central School District

Sewanhaka Central High School District

Sherburne-Earlville Central School District

Sherrill City School District

Tonawanda City School District

Victor Central School District

Waterville Central School District

Wellsville Central School District

Westminster Community Charter School

Wheelerville Union Free School District

Yorktown Central School District

 

Appendix I

NEW YORK
STATE BOARD OF REGENTS CHARTER ACTION


Cultural Education

ABSOLUTE CHARTER

GOLD COAST PUBLIC LIBRARY DISTRICT

Glen Head, Nassau County

A provisional charter was granted to this corporation by action of the Board of Regents on September 13, 2002 to operate a public library.  The board of trustees has applied for an amendment to the provisional charter to change the corporate address to 50 Railroad Avenue, Glen Head, New York 11545 and, as so amended, for an absolute charter.   The Office of Cultural Education recommends that the provisional charter be amended accordingly and, as so amended, be made absolute.

AMENDMENT OF CHARTERS

BEDFORD HILLS FREE LIBRARY

Bedford Hills, Westchester County

A provisional charter was granted to this corporation by action of the Board of Regents on November 18, 1955 to operate an association library.  Such provisional charter was made absolute by Regents action on January 26, 1961. The board of trustees has applied for an amendment to the absolute charter to specify that the service area of the library will be expanded to include the Town of Bedford “Fire Protection District No.1”.   The Office of Cultural Education recommends that the absolute charter be amended accordingly.

CUTCHOGUE FREE LIBRARY

Cutchogue, Suffolk County

A provisional charter was granted to this corporation by action of the Board of Regents on September 16, 1915 to operate an association library.  Such provisional charter was extended by Regents action on April 18, 1941, January 17, 1947, November 30, 1951 and was made absolute by Regents action on September 20, 1957. The board of trustees has applied for an amendment to the absolute charter to change the corporate name to “Cutchogue New Suffolk Free 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.

LONG LAKE LIBRARY

Long
Lake, Hamilton County

A provisional charter was granted to this corporation by action of the Board of Regents on February 4, 1997 to operate a public library.  Such provisional charter was made absolute by Regents action on September 13, 2002. The board of trustees has applied for an amendment to the absolute charter to change the corporate name to “Cornelius Vanderbilt Whitney Long Lake Library.”   The Office of Cultural Education recommends that the absolute charter be amended accordingly.

EXTENSION OF CHARTER

ELLENBURG SARAH A. MUNSIL FREE LIBRARY 

Town of Ellenburg, Clinton County

A provisional charter was granted to this corporation by action of the Board of Regents on November 3, 1995 to operate an association library. The board of trustees has applied for an extension to 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.


ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

AMENDMENT OF CHARTERS

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, nuncpro 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 Law.  Such provisional charter was extended by Regents action on December 20, 1996, September 17, 1999, December 13, 2002 and October 23, 2006.   The board of trustees has applied for an amendment to the provisional charter to change the corporate name to “New York Center for Child Development.”  The Office of Nonpublic School Services recommends that the provisional charter be amended accordingly.

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.  Such provisional charter was extended by Regents action on October 23, 2006.  The board of trustees has applied for an amendment to the provisional charter to add authority for the corporation to also provide certificated enrichment, training, and professional development workshops to further the knowledgebase of adult learner pre-paraprofessionals, paraprofessionals, and professional educators who are 21 years and older,  provided that nothing herein shall authorize the corporation to operate a college or university or to advertise or offer credit-bearing courses or degrees in New York State and, as so amended, extended. The Offices of Nonpublic School Services and Higher Education recommend that the provisional charter be amended accordingly and, as so amended, extended for a period of two years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

PROVISIONAL  CHARTERS

THE CRESCENT ACADEMY

Johnson City
, Broome County

The board of trustees has petitioned the Board of Regents to form a corporation to operate a nursery school for preschool children from three to five years of age, a kindergarten for five year olds, and a grade one through grade six elementary school.  The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.

LONGVIEW
SCHOOL

Cortland
, Cortland County

The board of trustees has petitioned the Board of Regents to form a membership corporation to operate a kindergarten through grade twelve independent school, with the students currently enrolled in the school as members. The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.

DISSOLUTION OF CHARTER


SOUTH SHORE CHRISTIAN SCHOOL

Bellmore, Nassau County

A provisional charter was granted to this corporation by action of the Board of Regents on March 25, 1977 to operate a school.  Such provisional charter was amended by Regents action on July 27, 1979 and was made absolute on October 23, 1980. The board of trustees has petitioned the Board of Regents for the dissolution of the charter due to the school is no longer in operation and all taxes payable by the corporation have been paid. The trustees request Regents’ approval to store the student records at the Hicksville Union Free School District. The Office of Nonpublic School Services recommends that the absolute charter of South Shore Christian School be dissolved and that its records be stored at the Hicksville Union Free School District.

AMENDMENT OF CERTIFICATE OF INCORPORATION

NEW YORK
STATE
BOCES MEDIA/TECHNOLOGY ASSOCIATION

Latham, Albany County

A certificate of incorporation was granted to this corporation by action of the Board of Regents under the corporate name “B.O.C.E.S. Educational Communications Directors Council” on September 24, 1971.  Such certificate of incorporation was amended by Regents action to include name change to “New York State BOCES Media/Technology Association” on July 23, 1993.  The board of trustees has applied for an amendment to the certificate of incorporation to change the corporate name to “New York State Educational Media/Technology Association.”  The Office of Nonpublic School Services recommends that the certificate of incorporation be amended accordingly.

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

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.  Such provisional charter was extended by Regents action on October 23, 2006.  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 “Early Childhood Professional Training Institute.”  The Offices of Nonpublic School Services and Higher Education recommend that the consent of the Board of Regents to the filing of such certificate of assumed name be granted.


HIGHER AND PROFESSIONAL EDUCATION



AMENDMENT OF CHARTERS

UTICA
COLLEGE

Utica
, Oneida County

An absolute charter in the first instance was granted to this corporation by action of the Board of Regents on May 18, 1995 to operate an institution of higher learning offering instruction and research in the liberal arts, sciences and professions.  Such absolute charter was amended by Regents action on September 18, 1998 and June 8, 1999.  Such absolute charter was merged by Regents action on June 18, 2002 with the Utica College Foundation, a not-for-profit corporation incorporated pursuant to the Membership Corporations Law on April 6, 1953.  Such absolute charter was amended by Regents action on November 14, 2003 and September 10, 2004. The board of trustees has applied for an amendment to the absolute charter to add authority for the corporation to confer, in its own name, the degrees of Associate in Arts (A.A.), Associate in Science (A.S.), Bachelor in Arts (B.A.) and Bachelor in Science (B.S.). The  Office of Higher Education recommends that the absolute charter be amended accordingly.

VAUGHN
COLLEGE
OF AERONAUTICS AND TECHNOLOGY

Flushing, Queens County

A provisional charter was granted to this corporation by action of the Board of Regents under the corporate name “Academy of Aeronautics” on November 22, 1963 to maintain and conduct a junior college.  Such provisional charter was extended by Regents action on November 22, 1968 and was amended by Regents action on December 17, 1971 and, as so amended, extended and was made absolute by Regents action on February 20, 1975. Such absolute charter was amended by Regents action on September 26, 1986 to include a name change to “College of Aeronautics,” and was further amended on April 24, 1996 and on February 23, 2004 to change the corporate name to “Vaughn College of Aeronautics and Technology.”  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.

 

Appendix II

REGENTS ACTIONS IN 57 PROFESSIONAL DISCIPLINE CASES

AND 1 RESTORATION PETITION

December 13-14, 2007

              The Board of Regents announced disciplinary actions resulting in the summary suspension of 2 licenses, revocation of 2 licenses, surrender of 11 licenses, and 44 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.


SUMMARY SUSPENSIONS


Dentistry

              Neil Robert Mate; Dentist; 947 Manhattan Avenue, Brooklyn, NY 11222; Lic. No. 036749; Cal. No. 23677; Application for summary suspension granted.


Psychology

              Jennifer Ann Hastings; P.O Box 305, Sand Lake, NY 12153; Lic. No. 016867; Cal. NO. 23750; Application for summary suspension granted.


REVOCATIONS AND SURRENDERS


Acupuncture

              Zalmai Frahmand; 2229 Crest Road, Baltimore, MD 21209; Lic. No. 001583; Cal. No. 23671; Application to surrender license granted.Summary:  Licensee admitted to the charge of having been convicted of Attempted Enterprise Corruption, a class C felony.


Engineering and Land Surveying

              Frank Rapant, Jr.; Land Surveyor; 2104 Helderberg Avenue, Schenectady, NY 12306; Lic. No. 032135; Cal. No. 23651; Application to surrender license granted.Summary:  Licensee did not contest charges of sealing and signing a survey and plot plan with deficiencies, placing a pin without supportive evidence, and failing to maintain documents.

              Michael J. Maziarz; Land Surveyor; 100 Stradtman Street, Cheektowaga, NY 14206; Lic. No. 050498; Cal. No. 23665; Application to surrender license granted. Summary:  Licensee admitted to the charge of falsifying work experience on his initial application.


Mental Health Practitioner

              Steven J. Kahan; Licensed Mental Health Counselor; 140 West 79th Street, New York, NY 10024; Lic. No. 000307; Cal. No. 23690; Application to surrender license granted.Summary:  Licensee admitted to the charge of having been convicted of Forcible Touching, a class A misdemeanor.

Nursing

              Elsie Marie St. Fleur; Licensed Practical Nurse, Registered Professional Nurse; 132 Louis Avenue, Elmont, NY 11003; Lic. Nos. 195355, 412278; Cal. Nos. 23012, 23013; Found guilty of professional misconduct; Penalty: Revocation.

              Cindi Rimler; Licensed Practical Nurse; 12105 West Bald Eagle Court, Crystal River, FL 34429; Lic. No. 248546; Cal. No. 23633; Application to surrender license granted.  Summary:  Licensee admitted to the charge of having been convicted of Grand Larceny in the 3rd Degree, a class D felony.

              Amy L. Challenger; Licensed Practical Nurse; 174 Pembroke Drive, Penfield, NY 14526; Lic. No. 258411; Cal. No. 23668; Application to surrender license granted.  Summary:  Licensee did not contest the charge of taking narcotics for her personal use.

              Martha L. Kovach; Registered Professional Nurse; 10817 State Route 34, Cato, NY 13033; Lic. No. 226577; Cal. No. 23680; Application to surrender license granted. Summary:  Licensee did not contest charges of stopping CPR and failing to continuously supervise CPR on a patient. 

              Stephen H. Kotzen; Registered Professional Nurse; 392 County Route 41, Massena, NY 13662; Lic. No. 362847; Cal. No. 23693; Application to surrender license granted.  Summary:  Licensee did not contest charges of having been convicted of Attempted Sodomy in the 1st Degree and Attempted Sexual Abuse in the 1st Degree.

              LawrenceR. French; Licensed Practical Nurse; 46 East Main Street, Hornell, NY 14843; Lic. No. 165992; Cal. No. 23694; Application to surrender license granted.  Summary:  Licensee admitted to the charge of having been convicted of Possession of Child Pornography, Criminal Forfeiture, and Violation of Probation.


Psychology

              Richard W. Firestone; 27 West 86th Street, New York, NY 10024; Lic. No. 002011; Cal. No. 23670; Application to surrender license granted.  Summary: Licensee did not contest the charge of engaging in physical contact of a sexual nature with a patient.


Respiratory Therapy

              Kenneth J. Nugent; Respiratory Therapist; 27 Streamview Lane, Wynantskill, NY 12198; Lic. No. 000175; Cal. No. 23594; Application to surrender license granted.  Summary:  Licensee admitted to charges of having been convicted of Criminal Attempt and Sexual Abuse to Children.


III. OTHER REGENTS DISCIPLINARY ACTIONS


Architecture

              Kenny Lee; 20 Wilwade Road, Great Neck, NY 11020; Lic. No. 024793; Cal. No. 21722; Application for consent order granted; Penalty agreed upon: 3 year stayed suspension, 3 years probation.


Chiropractic

              Jeffrey Scott Rauch; 12 Wendy Road, Syosset, NY 11791; Lic. No. 008315; Cal. No. 23342; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $2,500 fine.

              Mario James Ciani; 723 Carmens Road, Massapequa Park, NY 11762; Lic. No. 004333; Cal. No. 23538; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension of no less than 3 months and until fit to practice, upon termination of suspension 3 years probation to commence if and when return to practice, $3,000 fine.


Clinical Laboratory Practitioner

              Crystal Dodson; Clinical Laboratory Technician; 264 Schenck Avenue, Brooklyn, NY 11207-3114; Cert. No. 000794; Cal. No. 23568; Application for consent order granted; Penalty agreed upon: Annulment of certificate to practice as a clinical laboratory technician.


Dentistry

              Udi Ehud Yohanan; Dentist; 360 West 22nd Street, New York, NY 10011; Lic. No. 045433; Cal. No. 22064; Application for consent order granted; Penalty agreed upon: Partial actual suspension in certain area until successful completion of certain coursework, 1 year stayed suspension, 1 year probation, $2,000 fine.

              HarshaD. Mehta; Dentist; 90-06 A Sutphin Boulevard, Jamaica, NY 11435; Lic. No. 036917; Cal. No. 23443; Application for consent order granted; Penalty agreed upon: 6 month actual suspension, 18 month stayed suspension, 2 years probation, $10,000 fine.

              HarshaD. Mehta Dentist P.C.; 73-72  194th Street, Fresh Meadows, NY 11366; Cal. No. 23444; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $10,000 fine.

              Marsha Ellen Cohen; Dentist; 1863 Hendrickson Street, Brooklyn, NY 11234; Lic. No. 033881; Cal. No. 23513; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $2,500 fine.


Engineering and Land Surveying

              Robert J. Ganley; Professional Engineer; 10 Woodridge Road, Delmar, NY 12054-2203; Lic. No. 031925; Cal. No. 23569; Application for consent order granted; Penalty agreed upon: 4 month actual suspension, 20 month stayed suspension, 2 years probation to commence upon return to practice, $2,000 fine payable within 6 months.


Nursing

              Astra Alexandra Brown; Licensed Practical Nurse; 2 Park Place, Amityville, NY 11701; Lic. No. 266464; Cal. No. 22381; 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, $500 fine.

              VerlieM. Farrell; Licensed Practical Nurse; 6349 Stillmeadow Way, Williamson, NY 14589-9021; Lic. No. 242850; Cal. No. 22632; 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.

              Martha Isabel Castillo; Registered Professional Nurse; 56-55 Remsen Place, Maspeth, NY 11378-1921; Lic. No. 527143; Cal. No. 22943; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation.

              ArthurineBlossomgame; Registered Professional Nurse; 1027 Jerusalem Avenue, Uniondale, NY 11553; Lic. No. 236266; Cal. No. 23408; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for not less than 6 months and until fit to practice, upon termination of suspension 2 years probation to commence if and when return to practice.

              Joy Alice Henderson; Registered Professional Nurse; Box 2, Killawog, NY 13794; Lic. No. 308695; Cal. No. 23429; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

              Laura Beth Ward; Licensed Practical Nurse, Registered Professional Nurse; P.O. Box 33, Verplanck, NY 10596; Lic. Nos. 237018, 524935; Cal. Nos. 23502, 23503; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for not less than 6 months and until fit to practice, upon termination of suspension 2 years probation to commence if and when return to practice.

              Laura Christine Rodriguez; Licensed Practical Nurse; 178 North Clinton Avenue, Bay Shore, NY 11706; Lic. No. 191607; Cal. No. 23512; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for not less than 1 month and until fit to practice, upon termination of suspension 2 years probation to commence if and when return to practice.

              MargaretteLazar; Licensed Practical Nurse; 625 East 43rd Street, Brooklyn, NY 11203; Lic. No. 228890; Cal. No. 23525; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $250 fine.

              Amy M. Brunner; Registered Professional Nurse; 6342 Ivarene Avenue, Los Angeles, CA 90068; Lic. No. 541219; Cal. No. 23530; Application for consent order granted; Penalty agreed upon: 2 year actual suspension, 2 years probation to commence upon return to practice.

              John T. Conley Jr.; Licensed Practical Nurse; 16E Brookhill Lane, Rochester, NY 14625; Lic. No. 274782; Cal. No. 23556; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for a minimum period of 1 year and until fit to practice, upon termination of suspension 2 years probation to commence if and when return to practice.

              Nicole R. Murphy; Licensed Practical Nurse; 203 Davidson Avenue, Buffalo, NY 14215; Lic. No. 268411; Cal. No. 23557; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

              Marcel Verona Forde; Licensed Practical Nurse, Registered Professional Nurse; 338 Levinsohn Place, Englewood, NJ 07631; Lic. Nos. 224757, 449750; Cal. Nos. 23578, 23577; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

         

              Adrian Denise Clements; Licensed Practical Nurse; 21 Quamina Drive, Rochester, NY 14605; Lic. No. 258423; Cal. No. 23582; Application for consent order granted; Penalty agreed upon: 3 year actual suspension, 5 years probation to commence if and when return to practice.

              Patricia M. Wright; Licensed Practical Nurse; 75 Delmonte Street, Rochester, NY 14621; Lic. No. 104247; Cal. No. 23611; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation to commence if and when return to practice, $250 fine.

              Mary Magliulo Scaccia; Licensed Practical Nurse; 80 Highview Drive, Selden, NY 11784-2721; Lic. No. 068332; Cal. No. 23620; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation.

              Marie Spanhake; Registered Professional Nurse; 8 Hayuta Court, Holtsville, NY 11742-1206; Lic. No. 236446; Cal. No. 23621; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation.

              Edward P. Snide; Licensed Practical Nurse; 32 Twiller Street, Albany, NY 12209; Lic. No. 250290; Cal. No. 23622; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $250 fine.

              MaricarS. Laya; Registered Professional Nurse; 19 Wood Place, Dumont, NJ 07628; Lic. No. 441452; Cal. No. 23623; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, $500 fine.


Pharmacy

              Bruce Benishake; 1R Camp Woods Lane, Ellenville, NY 12428; Lic. No. 028626; Cal. No. 21810; Found guilty of professional misconduct; Penalty: Censure and Reprimand, probation 1 year, $2,500 fine.

              K Mart Corporation #3415; Pharmacy; 1001 Hertel Avenue, Buffalo, NY 14216; Reg. No. 016205; Cal. No. 23479; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $7,500 fine.

              Harold Fox; 191 Lagoon Drive East, Lido Beach, NY 11561; Lic. No. 020826; Cal. No. 23492; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $3,500 fine.

              JavedFarooqui; 34-44  82nd Street, Jackson Heights, NY 11372; Lic. No. 037669; Cal. No. 23508; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, 1 year probation, $1,000 fine.

              KantilalTulshibhai Vadsola; 19 Deepdale Drive, Brentwood, NY 11717-1303; Lic. No. 037833; Cal. No. 23524; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, 1 year probation, $1,000 fine.

              HyechungPark; 202-28  45th Drive, Bayside, NY 11361; Lic. No. 042566; Cal. No. 23535; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $2,500 fine.


Physical Therapy

              Luis D’Aguiar; Physical Therapist; 104 Walter Avenue, Tonawanda, NY 14150; Lic. No. 011243; Cal. No. 23500; Application for consent order granted; Penalty agreed upon: 2 month actual suspension, 22 month stayed suspension, 2 years probation to commence if and when return to practice.

              Ahmed Mohamed-Elsayed Omran; Physical Therapist; 2017  65th Street, Brooklyn, NY 11204; Lic. No. 021049; Cal. No. 23510; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 24 months probation, $500 fine.

              Noel Santos Digan; Physical Therapist; 165 East 99th Street, New York, NY 10029; Lic. No. 020000; Cal. No. 23573; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,000 fine.

              Timothy Ekezie Okeke; Physical Therapist Assistant; 35A Juniper Road, Port Washington, NY 11050-1434; Cert. No. 005781; Cal. No. 23586; Found guilty of professional misconduct; Penalty: 12 month suspension, execution of suspension stayed, probation 12 months.


Podiatry

              Steven F. Gass; 100 West Broadway, Long Beach, NY 11561; Lic. No. 002943; Cal. No. 23128; Application for consent order granted; Penalty agreed upon: 12 month actual suspension, 1 year stayed suspension, 2 years probation to commence if and when return to practice, $10,000 fine payable within 90 days.


Social Work

              John R. Prezioso; Licensed Clinical Social Worker; 159 West 53rd Street, New York, NY 10019; Lic. No. 019790; Cal. No. 23250; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for not less than 2 years and until fit to practice, upon termination of suspension 2 years probation.

            Cathleen Marie Singleton a/k/a Cathleen Singleton a/k/a Cathleen Prior; Licensed Master Social Worker; 61 Juniper Road, Port Washington, NY 11050; Lic. No. 033768; Cal. No. 23471; 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 to commence if and when return to practice.


IV. RESTORATIONS

The Board of Regents voted on December 14, 2007 to stay the revocation of the physician license of Leon Turovsky, 199 Curtis Road, Woodmere, New York 11598, for two years, place him on probation for two years under specified terms and conditions, and upon successful completion of the terms of probation, fully restore his license.  Dr. Turovsky’s license was originally revoked effective April 12, 2000.