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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 15 and 16, 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, December 15 at 11:45 a.m. and Tuesday, December 16 at 11:45 a.m. pursuant to a call duly sent to each Regent.

MEETING OF THE FULL BOARD, Monday, December 15, 11:45 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.

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, Deputy Counsel, Erin O’Grady-Parent, and the Secretary, Board of Regents, Anthony Lofrumento. 

              Chancellor Robert M. Bennett called the meeting to order at 11:50 a.m.

ACTION ITEM

Executive Session Motion

              MOVED, that the Board of Regents convene in Executive Session on Tuesday, December 16 at 8:00 a.m. for the purpose of discussing pending litigation.

              Motion by:               Vice Chancellor Merryl H. Tisch       

              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 December monthly meeting:  The Regents adoption of a State Aid proposal; containing costs and raising achievement; communications capacity; NYSED.gov redesign; taking stock of progress on the statewide plan for higher education; social workers, psychologists and mental health practitioners; renewing the standards; designing VESID’s future; and, reporting test results faster.

Full Board adjourned at 12:20 p.m.

 

MEETING OF THE FULL BOARD, Tuesday, December 16, 11:45 a.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.

Milton L. Cofield

Roger Tilles

Charles R. Bendit

Betty A. Rosa

Lester W. Young, Jr.

              Also present were the Commissioner of Education, Richard P. Mills, Counsel and Deputy Commissioner for Legal Affairs, Kathy Ahearn, and the Secretary, Board of Regents, Anthony Lofrumento.   Regents Anthony S. Bottar and Karen Brooks Hopkins were absent and excused.

              Chancellor Robert M. Bennett called the meeting to order at 11:45 a.m.

ACTION ITEMS

Charter Applications for December 2008

BR (A) 1

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

              Motion by:               Regent Geraldine D. Chapey

              Seconded by:           Regent  Saul B. Cohen

              Action:                     Motion carried unanimously 

Summary of the November 2008 Meeting

BR (A) 2

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

              Motion by:               Vice Chancellor Merryl H. Tisch

              Seconded by:           Regent Saul B. Cohen

              Action:                     Motion carried unanimously

                          

2009 Regulatory Agenda

BR (A) 3

                         

              MOVED, that the 2009 Regulatory Agenda for the State Education Department be approved, as submitted.

              Motion by:               Vice Chancellor Merryl H. Tisch

              Seconded by:           Regent Saul B. Cohen

              Action:                     Motion carried unanimously

State Education Department November 2008 Fiscal Report

BR (A) 4

                         

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

              Motion by:               Regent Saul B. Cohen

              Seconded by:           Regent Geraldine D. Chapey

              Action:                     Motion carried unanimously

DISCUSSION ITEM

Regents 2009-10 Proposal on State Aid to School Districts

BR (D) 1

              The Board discussed the proposal on state aid to school districts.  Discussed was that the governor proposed less than the Board’s proposal; the January discussion will include developing advocacy; the committee met on December 4th using video conferencing; and that the proposal reduces the 2009-10 foundation formula phase in.

        

INFORMATION ITEM

Commissioner’s Summary

Oral

              Commissioner Richard P. Mills summarized the meeting, including important VESID committee discussion, various policy discussion, audit discussion of independent  audit results, implications on January discussions (cost cutting, 3-8 exams, improving cycle time, charter application discussion with SUNY leadership, executive budget), 24 month agenda review, benefits of persistence (i.e., CPA legislation, VESID, HE statewide plan, web site changes).

STANDING COMMITTEE REPORTS

              MOVED, that the reports from the Regents Standing Committees be approved as submitted except with respect to two charter schools on the EMSC agenda, Summit Academy Charter School and Evergreen Charter School.

              Motion by:               Vice Chancellor Merryl H. Tisch       

              Seconded by:           Regent James C. Dawson

              Action:                     Motion carried unanimously

              MOVED, that the application of the Summit Academy Charter School be approved and that a provisional charter as proposed by the Chancellor of the City of New York, for a term of five years, be issued.

              Motion by:               Vice Chancellor Merryl H. Tisch       

              Seconded by:           Regent Saul B. Cohen

              Action:                     Motion carried unanimously

              MOVED, that consideration of the application of Evergreen Charter School be postponed to the January 2009 meeting.

              Motion by:                    Vice Chancellor Merryl H. Tisch       

              Seconded by:           Regent Saul B. Cohen

              Action:                          Motion carried unanimously

              Chancellor made a motion to adjourn and the meeting was adjourned at 12:35 p.m.

 

REGENTS COMMITTEE ON ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

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

ACTION ITEMS

Charter Schools

                Your Committee recommends that the Board of Regents approves the renewal application of the Buffalo Academy of Science Charter School, that a first renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2012.  [EMSC (A) 1]

              Your Committee recommends that the Board of Regents approves and issues the charter of the Icahn Charter School 4 as proposed by the Trustees of the State University of New York, and issues a provisional charter to it for a term of five years, up through and including December 15, 2013.  [EMSC (A) 2]

Your Committee recommends that the Board of Regents returns the proposed charter of the East New York Collegiate Charter School to the Trustees of the State University of New York for reconsideration, and with the following comments and recommendations that the School must: (1) provide an assurance that  its curriculum will address and be aligned with all 28  New York State Learning Standards prior to opening for instruction and (2) with respect to the mandatory Saturday instruction, provide a religious exemption for students.  [EMSC (A) 3]

Your Committee recommends that the Board of Regents returns the proposed charter of the Crown Heights Collegiate Charter School to the Trustees of the State University of New York for reconsideration, and with the following comments and recommendations that the School must: (1) provide an assurance that  its curriculum will address and be aligned with all 28  New York State Learning Standards prior to opening for instruction and (2) with respect to the mandatory Saturday instruction, provide a religious exemption for students.  [EMSC (A) 4]

Your Committee recommends that the Board of Regents returns the proposed charter of the Flatbush Collegiate Charter School to the Trustees of the State University of New York for reconsideration, and with the following comments and recommendations that the School must: (1) provide an assurance that  its curriculum will address and be aligned with all 28  New York State Learning Standards prior to opening for instruction and (2) with respect to the mandatory Saturday instruction, provide a religious exemption for students.  [EMSC (A) 5]

Your Committee recommends that the Board of Regents returns the proposed charter of the Girls Preparatory Charter School of East Harlem to the Trustees of the State University of New York for reconsideration, with the following comments and recommendations:  The proposed charter school has failed to provide evidence that a substantially equal opportunity exists for children of the excluded sex.  This opportunity must exist at another charter school in the same community school district as the School being considered.  [EMSC (A) 6] 

Your Committee recommends that Board of Regents approves the renewal application of the Harriet Tubman Charter School, that a fourth renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2011.  [EMSC (A) 7]

Your Committee recommends that the Board of Regents approves the renewal application of the COMMUNITY Charter School, that a third renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2013.  [EMSC (A) 8]

Your Committee recommends that the Board of Regents approves and issues the charter of the Coney Island Preparatory Public Charter School as proposed by the Chancellor of the city school district of the City of New York, and issues a provisional charter to it for a term of five years, up through and including December 15, 2013.  [EMSC (A) 9]

                Your Committee recommends that the Board of Regents approves the application for the Believe Northside Charter High School. [EMSC (A) 10]

              Your Committee recommends that the Board of Regents approves the application for the Believe Southside Charter High School .  [EMSC (A) 11]

              Your Committee recommends that the Board of Regents approves the renewal application of the Western New York Maritime Charter School, that a first renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2012.  [EMSC (A) 12]

              Your Committee recommends that the Board of Regents returns the proposed charter of the New Roots Charter School to the Trustees of the State University of New York for reconsideration, and with the following comments and recommendations: (1) provide an assurance that the School’s curriculum will address and be aligned with all 28 New York State Learning Standards prior to opening for instruction; (2) provide documentation demonstrating what good faith efforts the School will take to attract and retain a comparable or greater enrollment of English language learner students when compared to the enrollment figures for such students in the school district of location;  (3) eliminate the proposed bylaw provision purportedly authorizing the school to make loans; (4) provide evidence of adequate community support for and interest in the charter school from parents of students eligible for enrollment in the first year of instruction; and (5) provide a budget for the full five years of operation.  [EMSC (A) 13]

                Your Committee recommends that the Board of Regents approves and issues the charter of the Growing Up Green Charter School as proposed by the Chancellor of the city school district of the City of New York, and issues a provisional charter to it for a term of five years, up through and including December 15, 2013.  [EMSC (A) 14]

                Your Committee recommends that the Board of Regents approves and issues the charter of the Explore Charter School II as proposed by the Chancellor of the city school district of the City of New York, and issues a provisional charter to it for a term of five years, up through and including December 15, 2013. {EMSC (A) 15]

                Your Committee recommends that the Board of Regents returns the proposed charter of the Summit Academy Charter School to the Chancellor of the city school district of the City of New York for reconsideration, and with the following comments and recommendations: (1) that additional information be provided concerning the qualifications of the leadership of the proposed school; and (2) that additional information be provided about how the proposed school plans to address the needs of the community.   [EMSC (A) 16]   (Please note: interested parties should refer to the minutes of the Full Board meeting for information on this item.)

                Your Committee recommends that the Board of Regents approves and issues the charter of the Fahari Academy Charter School as proposed by the Chancellor of the city school district of the City of New York, and issues a provisional charter to it for a term of five years, up through and including December 15, 2013.  [EMSC (A) 17]

                Your Committee recommends that the Board of Regents take no action on the application of the Evergreen Charter School pending receipt of additional information.  [EMSC (A) 18]   (Please note: interested parties should refer to the minutes of the Full Board  meeting  for information on this item.)

Your Committee recommends that the Board of Regents return the proposed charter of The Academy Charter School  to the Trustees of the State University of New York for reconsideration, and with the following comments and recommendations:(1) that additional analysis be done concerning the financial impact of this proposed charter school on the Hempstead School District; and (2) that further clarification be provided regarding whether religious affiliations exist which may contravene state or federal law, including Education Law Section 2854(2)(a).  [EMSC (A) 19] 

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 December 15, 2008, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

Grades 3-8 Testing, Administration and Scoring Timeline – As part of their ongoing discussion related to the improvement and streamlining of the data system in New York State the Committee discussed a report on progress made to expedite the release of 3-8 test results for the upcoming year.  The cycle time system now in place is an improvement of over 2 months from last year and an improvement by as much as 6 months from 2006. 

The Committee also discussed the testing calendar and possible options for changing the 3-8 testing schedule to either a Fall Administration or a Spring Administration.   Members of the Committee raised questions concerning the purpose of the state’s testing program as an accountability tool versus a diagnostic tool – and how that should be considered when discussing the timing of the tests.  The Committee agreed that in January they would have another policy discussion that focuses on three issues:  the purpose of the tests, the types of tests that are given and options for moving the tests to later in the year including advantages and disadvantages related to the possible options and actions that would need to take place to implement those options. 

ELA/ESL Standards Review Update – Regent Saul Cohen provided the Committee with an overview of the Regents Standards Review Initiative which included the structure established for ongoing review and revision of the NYS learning standards.  Key milestones and working principles were shared with the Committee for consideration and discussion. A status report was provided on the work of the ELA/ESL Content Panel charged with reviewing and revising the NYS learning standards for English Language Arts and the prekindergarten through grade 12 performance indicators.  The Panel's work incorporates development of performance indicators for ESL which will help set proficiency levels for language acquisition.  It is anticipated that the Board will revisit this process in March 2009.

Charter Schools in New York State – Issues for Future Policy Discussions.    This item was not discussed due to time constraints. However, as part of the discussion related to the charter school applications before the Committee for action this month, some members of the Committee raised issues and questions concerning the standards the Regents should be using when considering charter school applications, the need for additional discussion with the Trustees of the State University of New York (SUNY), and the need for additional information on the fiscal impact of proposed charter schools on school districts.  In addition, concern was expressed over the large numbers of charter school applications before the Board of Regents in the same month and, that because of the time associate with reviewing the large volume of applications, many items are provided to the Board of Regents right before the Regents meeting in which they are supposed to take action on those items.  The Board wants adequate time to consider and discuss the relevant issues and information related to the charter applications.  Recognizing the statutory time requirements for action by the Board of Regents on both direct applications to the Regents and charter applications from other chartering entities, the Committee suggested that consideration be given to discussions with the Legislature to address unintended consequences of these requirements.  In the meantime, the Committee emphasized the need to have a special structure for discussion of charter applications given the volume of issues associated with the applications.  Further discussion of these and other charter school policy issues will be discussed at future meetings of the Committee.  [EMSC (D) 1]

 

REGENTS COMMITTEE ON VOCATIONAL AND EDUCATIONAL SERVICES FOR INDIVIDUALS WITH DISABILITIES

Your VESID Committee held its scheduled meeting on December 15, 2008.   All members were present.  Vice-Chancellor Tisch,  Regents Brooks Hopkins, Phillips, and Young also attended.                                     

MATTERS REQUIRING BOARD ACTION

              The Board voted to approve the recommended appointments and reappointments to the New York State Rehabilitation Council effective January 1, 2009.  (VESID (CA) 1)

              The Board voted to approve the recommended appointments and reappointments to the New York State Independent Living Council, Inc. effective January 1, 2009.  (VESID (CA) 2)

MATTERS NOT REQUIRING BOARD ACTION

          

              Deputy Commissioner Cort provided an update to the Committee with regard to the IEP forms and notices timeline, steps being taken to address the recommendations in the Commission on Property Tax Relief Report and implications of the Budget reductions.

Staff and the co-chair of the State Rehabilitation Council (SRC) provided the Committee with a report on the roles and responsibilities of the SRC.  The Council serves as an important vehicle for communication between VESID management and key constituencies committed to improving employment outcomes for New Yorkers with disabilities. (VESID (D) 1)

Staff provided the Committee with an update on the outcomes of the activities and key initiatives that took place during the past year designed to expand VESID services to individuals with disabilities.   Since May 2006, VESID has taken steps to implement the “Designing our Future” plan, initiating several key initiatives and interagency activities that includes MISCC, the Model Transition Program, and CUNY LEADS (Linking Employment, Academics, and Disability Services) initiative. (VESID (D) 2)

              Regent Tilles and several other Regents expressed concern about the demeaning depiction of Governor Paterson on Saturday Night Live over the weekend and the impact on the larger community’s understanding of the capabilities of individuals with disabilities.  It was agreed that the Regents would send a message to the network expressing the Board’s serious concern.

 

REGENTS COMMITTEE ON HIGHER EDUCATION

              Your Higher Education Committee held its scheduled meeting on December 16, 2008.   All members were present except for Regent Anthony Bottar who was excused.

Consent Agenda

Your Committee recommends that the Board of Regents renew the permission of Westminster Theological Seminary to offer courses from its Master of Divinity program and from its Master of Arts in Urban Mission program at Redeemer Presbyterian Church (New York City) and City Seminary of New York (New York City), for a period beginning immediately and ending December 15, 2013.  [HE (CA) 2]

Your Committee recommends that the Board of Regents approve the proposed master plan amendment of the State University of New York authorizing Cayuga Community College to offer the Associate in Applied Science degree program in Nursing at its Fulton Campus. This amendment would be effective until December 16, 2009, unless the Department registers the program prior to that date, in which case the master plan amendment shall be without term. [HE (CA) 3]

Action Items

              Your Committee recommends that the Board of Regents continue accreditation of the teacher education programs offered by the College of New Rochelle for a period beginning immediately and ending on March 14, 2012, with the condition that the College submits annual reports that confirm its continuous efforts in 1) increasing faculty diversity; 2) fully implementing a coherent assessment system; and 3) meeting the regulatory requirement that the majority of credit-bearing pedagogical core courses are being taught by full-time faculty.   The Department will monitor compliance with these terms on an annual basis.  [HE (A) 1]

              Your Committee recommends that the Board of Regents accredit Rabbi Isaac Elchanan Theological Seminary for a period of five years, ending on December 30, 2013, with the requirement that within one year of Regents action the Seminary provide a report documenting implementation of the 16 recommendations in the compliance review report.  [HE (A) 2]

              Your Committee recommends that the Board of Regents authorize Swedish Institute under its new owner, Quad Partners, to award Associate in Occupational Studies (A.O.S.), Bachelor of Professional Studies (B.P.S), and Master of Science (M.S.) degrees on duly qualified students successfully completing registered programs. [HE (A) 3]

              Your Committee recommends that the Board of Regents confer provisional authority upon St. Paul’s School of Nursing, to award Associate in Science (A.S.) degrees to duly qualified students successfully completing the registered programs for a period beginning upon execution of the final phase of the purchase agreement and ending on December 31, 2013, and that the Board rescind the authority granted to St. Vincent Catholic Medical Centers of New York to award degrees. Regent Arnold Gardner voted in opposition of this recommendation.  [HE (A) 4]

Your Committee recommends that the Board of Regents approves the 2008 Progress Report on the Statewide Plan for Higher Education, 2004-2012, subject to editorial correction, for submission to the Governor and the Legislature.  [HE (A) 5]

Your Committee recommends that the Board of Regents extend Globe Institute of Technology’s temporary authority to confer degrees and institutional accreditation with condition for 60 days until February 16, 2009 to allow time to conduct an in-depth financial review of the institution.    [HE (A) 6 & 7]

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 December 16, 2008, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

Proprietary College Policy Advisory Group – Regent Milton Cofield provided an update to the Committee on the initiation of the Proprietary College Policy Advisory Group.

 

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 15, 2008.

In attendance were: Regents Dawson, Brooks Hopkins, Gardner, Phillips, Tilles, and Bowman

ITEMS FOR DISCUSSION

Chair’s Remarks:  Regent Dawson greeted everyone and opened the meeting.

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 of Regents prior to the December meeting.  Hard copies of this report were provided for meeting attendees. 

CE (A) 1        Proposed Amendments to Commissioner's Regulations, Section 90.7, Certificates for Librarians in Registered Public, Free Association and Indian Libraries, previously discussed at both July and October CE Committee meetings, is now before the Committee for adoption.  Carol Desch, Coordinator of Statewide Library Services and Director of the Division of Library Development, presented that the proposed amendment is consistent with NYLA’s proposal and beginning on January 1, 2010, all new public librarians that receive a public librarian professional certificate from the State Education Department will be required to participate in 60 hours of professional development every five-year period.  The State Library will continue to be responsible for administering the public librarian certification program, implementing the new requirements and monitoring compliance.  The public comment period ended on November 17, 2008 with no comments received.  Staff recommends adoption of amendments to Commissioner's Regulations, Section 90.7, Certificates for librarians in registered public, free association and Indian libraries as presented.

Motion by: Regent Tilles

Seconded by: Regent Phillips

Action:  Motion carried unanimously

CE (A) 2        Amendment to Section 90.18 of the Regulations of the Commissioner of Education Relating to School Library Systems.  Carol Desch presented the proposed amendments to CR 90.18 School Library Systems which will update and clarify terminology relating to school library systems and will make the regulations consistent with recent changes in related Commissioner’s Regulations and Education Law. There are currently 41 school library systems in New York State.  School library systems are state-established and state-funded programs located in the BOCES and the Big 5 Cities that provide coordinated and cost effective library services to school libraries.  Eligible members include school districts and nonpublic schools.  No public comments were received from the State Register posting. Staff recommends adoption of amendments to Section 90.18 of the Regulations of the Commissioner of Education Relating to School Library Systems as presented.

Motion by: Regent Tilles

Seconded by: Regent Phillips

Action:  Motion carried unanimously

CE (D) 2        School Library Services

Carol Desch provided a brief introduction regarding the collaborative initiatives of OCE and P-16 and introduced Anne Schiano, Assistant Director of Curriculum & Instruction and Instructional Technology. Ms. Schiano presented additional comments as well on the joint efforts of NYSED's P-16 and OCE offices to implement a strategic plan to improve student achievement by strengthening the critical role of school libraries and library media specialist in teaching and learning.  Ms. Schiano introduced John Brock and Joanne Shawhan who presented research findings, data input, progress to date and future threats and opportunities including background information and a recommendation of Regents policy, the Regents P-16 Education Reform Plan.   A draft matrix on Impact on Student Achievement was distributed.

CE (CA) 1     Reappointment of Barbara Brinkley to the Board of the Archives Partnership Trust

Chris Ward, State Archivist and Assistant Commissioner for Archives, presented background information relative to Ms. Brinkley and recommended the reappointment of Barbara A. Brinkley to the Board of the Archives Partnership Trust for a three year term, commencing December 16, 2008.

Motion by: Regent Tilles

Seconded by: Regent Gardner

Action:  Motion carried unanimously

CE (CA) 2     Appointment of Bernard F. Conners to the Board of the Archives Partnership Trust

Ms. Ward presented background information relative to Bernard F. Conners and recommended the appointment of Bernard F. Conners to the Board of the Archives Partnership Trust to fill the unexpired term of Dr. John Jay Iselin commencing December 16, 2008.

Motion by: Regent Brooks Hopkins

Seconded by: Regent Dawson

Action:  Motion carried unanimously

CE (D) 1        Amendment to Section 92.1 of the Regulations of the Commissioner of Education Relating to the State Library’s Circulation Policy

Brought before the CE Committee in September for discussion Loretta Ebert, Director of the NYS Research Library expanded on this proposed amendment.  Ms. Ebert spoke of the borrowing limitations contained in the original regulations emphasizing that working New Yorkers – the majority of New York’s citizens - were not permitted to borrow, and accessibility to the Library’s rich and powerful collections was strictly limited.  Included in Ms. Ebert presentation were policy changes in the late 1990’s based on the Regents Commission on Library Services’ suggestion to focus more on service to all New Yorkers.  Ms. Ebert also spoke about the successful pilot project that was launched to extend borrowing to all New York residents resulting in acquiring over 3000 registered resident borrowers from across New York State.  Therefore, the State Library is seeking to amend NYCRR, title 8, section 92.1(b) to include NY Resident Borrowers as a permanent category and recommend Regents approval so that the State Library may continue their current practice and policy of providing increased accessibility to the materials of the State Library to New Yorkers.  This proposal will be up for adoption in February 2009.

CE (A) 3        Proposed Emergency Regulation on Museum Collections Management

At the November CE Committee meeting, Mr. Cannell presented information 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 were revisited, discussed and were recommended for Regents’ approval, as presented.  Comments were received from the field and copies of the comments were provided to Committee members.  Regent Dawson presented a brief overview of the situation and had worked with staff and Counsel.  Richard Trautwein, Office of Counsel, answered questions and offered clarification of drafted language as needed.  Copies of the draft regulations were made available to attendees.

Motion by: Regent Phillips

Seconded by: Regents Tilles and Gardner

Action:  Motion carried unanimously

 

REGENTS SUBCOMMITTEE ON AUDITS

Your Regents Subcommittee on Audits met yesterday morning.

We were updated on two follow-up items from last months meeting. The Wyandanch Union Free School District has submitted the required financial statements. The statements confirm the information that the district had been providing regarding fiscal position. 

In another follow up item, staff from the Offices of P–16 Education and Audit Services met with representatives from the New York State Council of School Superintendents, New York State School Boards Association, and the New York State Association of School Business Officials to discuss the proposal to mandate training for claims auditors. The group’s initial reaction was positive, but there were concerns with costs associated with a mandate. The Department is moving forward on developing a policy.

The Overall Engagement Manager from KPMG briefed the Subcommittee on the results of the New York Financial Statement audit as it relates to the State Education Department (Department). As a result of the Department control systems and the cooperation provided by staff the auditors consider us to be a low-risk agency at this time. The audit found that no adjustments were necessary to Department balances and no Department specific control deficiencies were noted.

The Subcommittee was presented with 19 audits this month. The Department’s Internal Audit Workgroup identified seven audits for additional attention. We were briefed on the seven.  Six of the audits included findings involving over funding the reserve for Employee Benefit Accrued Liability. We asked that the Subcommittee be kept informed of actions regarding the use of reserves.

An audit of the Ellicottville Central School District found the District’s unreserved, undesignated fund balance exceeds the legal limit. Staff analysis found the District has exceeded the limit since 1999-2000, but that the percentage has been steadily decreasing. The District’s response to the audit indicated that they are aware of the problem and are taking action to come into compliance. Audit staff will monitor the district’s future actions.

We were also briefed on the first quarter financial report on the Roosevelt Union Free School District. The audit found that spending has generally been within the limits established by the Board. There are some areas of concern including the District not making adequate use of its encumbrance system, many known expenditures have not been encumbered, and some budgetary accounts have not been established. 

Finally, we were presented with information on an audit trend that is found in many findings in school district audits. The trend is in the area of payroll and the audits have found overpayments, unauthorized and inappropriate payments for salary; health benefits; or leave accruals to current or former employees. The audits have also found misclassification of independent contractors as employees, lack of segregation of duties, and a lack of policy and procedures. Although some training exists in the area of payroll processing, staff believe it may not be effective in addressing the types of findings I just mentioned. Department staff will develop a document to assist in training school district staff in payroll processing and controls.  We also asked staff to develop a brief summary of the audit trends that could be shared with school district officials.

I have attached the results of the full Review of Audits presented by the Department’s Internal Audit Workgroup for your information.

 

Appendix I

NEW YORK STATE BOARD OF REGENTS CHARTER ACTIONS

 

CULTURAL EDUCATION

ABSOLUTE CHARTER IN THE FIRST INSTANCE

PENFIELD HOMESTEAD MUSEUM

Crown Point, Essex County

The board of trustees has petitioned the Board of Regents to form a corporation to own, maintain and preserve the Penfield Homestead, Ironville Church, Parsonage and outbuildings in the hamlet of Ironville, Town of Crown Point, County of Essex, as museums open to the public; to interpret hamlet and regional history including the contributions of the Penfield family and development of the early iron industry; to own, preserve and maintain natural areas for public benefit; to collect, own, hold, maintain, preserve and make available appropriate historical objects and artifacts; to arrange, create, maintain and promote appropriate historical exhibits and displays; to establish and maintain for public use a historical research collection, genealogy collection and archives; to promote and support historical research and scholarship, issue publications in any format, and organize historical and cultural activities, programs and events for the public.  The Office of Cultural Education recommends that an absolute charter in the first instance be granted.

AMENDMENT OF CHARTERS

AMENIA HISTORICAL SOCIETY

Amenia, Dutchess County

A provisional charter was granted to this corporation by action of the Board of Regents on September 26, 1969 to operate a historical society.  Such provisional was extended by Regents action on November 15, 1973 and made absolute on February 24, 1977.  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 absolute charter be amended accordingly.

AMSTERDAM FREE LIBRARY

Amsterdam, Montgomery County

An absolute charter in the first instance was granted to this corporation by action of the Board of Regents on May 8, 1902 to operate a library.  Such absolute charter was amended by Regents action on March 26, 1993.  The board of trustees has applied for an amendment to the absolute charter to designate the service area of library to be the City of and Town of Amsterdam and to specify the number of trustees to be not less than five nor more than fifteen.  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

CATSKILL WATERSHED PARTNERSHIP MUSEUM

Highmount, Ulster County

A provisional charter was granted to this corporation by action of the Board of Regents on December 15, 2000 to operate a museum.  The board of trustees has applied for an amendment to the provisional charter to change the corporate name to the “Catskill Water Discovery Center” 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.

THE COMMUNITY LIBRARY

Cobleskill, Schoharie County

A provisional charter was granted to this corporation by action of the Board of Regents on October 6, 1999 to operate a library.  Such provisional charter was made absolute by Regents action on October 7, 2005.  The board of trustees has applied for an amendment to the absolute charter to specify the number of trustees to be not less than five nor more than fifteen.  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

DIDYMUS THOMAS LIBRARY

Remsen, Oneida County

An absolute charter in the first instance was granted to this corporation by action of the Board of Regents on December 21, 1899 to operate a library.  Such absolute charter was amended by Regents action on December 16, 1994.  The board of trustees has applied for an amendment to the absolute charter to designate the service area of library to be the Village of Remsen, New York.  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

DODGE LIBRARY

Chazy,Clinton County

A provisional charter was granted to this corporation by action of the Board of Regents on October 20, 2008 to operate a library.   It is requested that the Regents clarify their approval of the library’s purposes to specify the corporate purposes are to operate a public library to serve the residents of the Dodge Library District as established in Chapter 646 of the Laws of 2006 to consist of town of Chazy, Clinton County, except the portion of the town of Chazy which is located in the Chazy Union Free School District and to delete the incorrect reference to the corporate purposes in the October 20, 2008 provisional charter.  The Office of Cultural Education recommends that the Regents approval be clarified accordingly.

EARLVILLE FREE LIBRARY

Earlville, Madison County

A provisional charter was granted to this corporation by action of the Board of Regents on September 19, 1919 to operate a library.  Such provisional charter was made absolute by Regents action on February 17, 1927 and amended on October 18, 1985.  The board of trustees has applied for an amendment to the absolute charter to designate the library’s service area to be the Village of Earlville, 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.

HENDRICK HUDSON FREE LIBRARY

Montrose, Westchester County

A provisional charter was granted to this corporation by action of the Board of Regents on May 20, 1938 to operate a library.  Such provisional charter was extended by Regents action on September 17, 1943; made absolute on February 25, 1949 and amended on May 20, 1988.  The board of trustees has applied for an amendment to the absolute charter to specify the library’s service area to be the Hendrick Hudson Central School District and to specify the number of trustees to be not less than seven nor  more than eleven.  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

NORTH CASTLE PUBLIC LIBRARY

Armonk, Westchester County

A provisional charter was granted to this corporation by action of the Board of Regents on January 24, 1963 to operate a library.  Such provisional charter was made absolute by Regents action on September 27, 1968.  The board of trustees has applied for an amendment to the absolute charter to specify the number of trustees to be not less than five nor more than nine.  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

REDWOOD HISTORICAL SOCIETY

Redwood, Jefferson County

A provisional charter was granted to this corporation by action of the Board of Regents on June 17, 2003 to operate a historical society.  The board of trustees has applied for an amendment to the provisional charter to change the corporate address to Redwood Bank Building, Route 37, Redwood, New York with a mailing address of PO Box 663, Redwood, New York 13679 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.

SLOATSBURG PUBLIC LIBRARY

Sloatsburg, Rockland County

A provisional charter was granted to this corporation by action of the Board of Regents on September 25, 1980 to operate a library.  Such provisional charter was made absolute by Regents action on March 21, 1986 and amended on May 24, 1991.  The board of trustees has applied for an amendment to the absolute charter to specify the number of trustees to be not less than five nor more than fifteen.  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

TUXEDO PARK LIBRARY

Tuxedo, Orange County

An absolute charter in the first instance was granted to this corporation by action of the Board of Regents on December 19, 1901 to operate a library.  The board of trustees has applied for an amendment to the absolute charter to define the service area of the library to be the Town of Tuxedo, 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.

WSKG PUBLIC TELECOMMUNICATIONS COUNCIL

Binghamton, Broome County

An absolute charter in the first instance was granted to this corporation under the corporate name “Southern Tier Educational Television Association Incorporated” by action of the Board of Regents on June 23, 1961 to operate a non-commercial educational television station and/or radio station or to provide educational television programs and/or radio programs.  Such absolute charter was amended by Regents action on June 20, 1986 to change the corporate name to “WSKG Public Telecommunications Council.”   The board of trustees has applied to amend and restate the charter in its entirety which will restate the corporate purposes to authorize the corporation to create, operate, maintain, coordinate and improve public broadcasting and communication activities by any technology now or hereafter known, and for such purposes as the Chief Executive Officer is authorized to make application to the Federal Communications Commission and other federal, state or other governmental agencies or units as appropriate; specify the corporate address to be 601 Gates Road, Vestal, New York, with a mailing address of PO Box 3000 Binghamton, New York 13902-3000; add language necessary to maintain tax-exempt status under Internal Revenue code §501(c)(3); and designate the Commissioner of Education as the agent for the purpose of service of process.  The Office of Cultural Education recommends that the absolute charter be amended and restated accordingly.

PROVISIONAL CHARTERS

DROWNED LANDS HISTORICAL SOCIETY

Pine Island, Orange County

The board of trustees has petitioned the Board of Regents to form a corporation to preserve the cultural and natural heritage of the hamlets of Pine Island, Little York, and the surrounding Black Dirt region; to collect and preserve artifacts and documents relating to this heritage; to educate the public about this heritage through exhibits, publications, and educational programs; to secure funding for the preservation of our collections and maintaining our educational programs, to engage the community’s participation in the preservation of this legacy; to cooperate with the Historical Society of the Town of Warwick and any other historical society in the Black Dirt Region of the Wallkill River in projects and activities of mutual interest; to cooperate with county and state officials and historical organizations to collect and preserve materials of countywide and statewide significance. The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

HOLLAND MASONIC HISTORICAL SOCIETY

New York City, New York County

The board of trustees has petitioned the Board of Regents to form a corporation to promote and encourage study, research, public awareness and appreciation of the impact upon the history of New York, the City and State, and the influence thereon of distinguished Americans of both Dutch and other descent who were Masons and involved in the founding of the Colony later to be known as New York; to acquire by purchase, gift, devise, loan or otherwise, the title to or custody and control of historic sites, structures, artifacts, materials, books and literature, and the like, and to preserve and maintain the same.  The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

THE MATILDA JOSLYN GAGE CENTER

Fayetteville, Onondaga County

The board of trustees has petitioned the Board of Regents to form a museum  to promote an increased understanding of the life, work and times of Matilda Joslyn Gage (1826-1898) to educate current and future generations about Gage's work and its power to drive contemporary social change, making her work relevant today; to own, establish, maintain and preserve the Matilda Joslyn Gage home in the village of Fayetteville, County of Onondaga, as an historic house museum relating to and interpreting the life of Gage, and open it to the public on a regular schedule; to collect, own, hold, maintain, preserve and make available appropriate historical objects and artifacts; to arrange, create, maintain and promote appropriate historical exhibits and displays; to establish and maintain an historical reference and research center and appropriate materials; to promote and support historical research and scholarship, issue publications in any format, and organize historical and cultural activities, programs and events for the public.  The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

EXTENSION OF PROVISIONAL CHARTERS

HISTORICAL SOCIETY OF ISLIP HAMLET

Islip, Suffolk County

A provisional charter was granted to this corporation by action of the Board of Regents on June 25, 1993 to operate a historical society.  Such provisional charter was extended by Regents action on September 15, 2000.  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.

ITHACA CLOCK MUSEUM

Ithaca, Tompkins County

A provisional charter was granted to this corporation by action of the Board of Regents on February 11, 2003 to operate a museum.  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.

NORTH TONAWANDA HISTORY MUSEUM

North Tonawanda, Niagara County

A provisional charter was granted to this corporation by action of the Board of Regents on April 20, 2004 to operate a museum.  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.

TAYLOR HISTORICAL SOCIETY

Cincinnatus, Cortland County

A provisional charter was granted to this corporation by action of the Board of Regents on February 11, 2003 to operate a historical society.  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.

ORDER OF CONSOLIDATIONS

THE MATILDA JOSLYN GAGE CENTER and MATILDA JOSLYN GAGE FOUNDATION, INC.

Fayetteville, Onondaga County

The board of trustees and the board of directors have petitioned the Board of Regents, pursuant to Education Law §223, for an order of consolidation of The Matilda Joslyn Gage Center and Matilda Joslyn Gage Foundation, Inc.  The Matilda Joslyn Gage Center has petitioned the Board of Regents for a provisional charter.  The Matilda Joslyn Gage Foundation, Inc. was incorporated under §402 of the Not-For-Profit Corporation Law (NPCL) on March 3, 2000.  Upon the effective date of the consolidation of The Matilda Joslyn Gage Center and Matilda Joslyn Gage Foundation, Inc. The Matilda Joslyn Gage Center will assume all the assets, liabilities and responsibilities of both organizations.  The consolidated corporation will operate under the provisional charter granted to The Matilda Joslyn Gage Center.  The Office of Cultural Education recommends that an order of consolidation of The Matilda Joslyn Gage Center and Matilda Joslyn Gage Foundation, Inc., be granted, forming The Matilda Joslyn Gage Center.

PENFIELD HOMESTEAD MUSEUM and PENFIELD FOUNDATION, INC.            

Crown Point, Essex County

The board of trustees and the board of directors have petitioned the Board of Regents, pursuant to Education Law §223, for an order of consolidation of Penfield Homestead Museum and Penfield Foundation, Inc.  The Penfield Homestead Museum has petitioned the Board of Regents for an absolute charter in the first instance.  The Penfield Foundation, Inc. was incorporated under §402 of the Not-For-Profit Corporation Law (NPCL) on May 17, 1967.   Upon the effective date of the consolidation of Penfield Homestead Museum and Penfield Foundation, Inc., Penfield Homestead Museum will assume all the assets, liabilities and responsibilities of both organizations.  The consolidated corporation will operate under the absolute charter granted to Penfield Homestead Museum.  The Office of Cultural Education recommends that an order of consolidation of Penfield Homestead Museum and Penfield Foundation, Inc., be granted, forming Penfield Homestead Museum.

CERTIFICATE OF INCORPORATION

MID-HUDSON ANTISLAVERY HISTORY PROJECT

Poughkeepsie, Dutchess County

The board of trustees has petitioned the Board of Regents to form a corporation to organize for the non-business purpose of conducting research regarding the history of the anti-slavery movement in the Mid-Hudson Valley, with special emphasis on the Underground Railroad, and to synthesize and interpret this history for the benefit of the general public. The corporation is not authorized to operate or maintain a library, archives or museum, or to own or hold collections.  The Office of Cultural Education recommends that a certificate of incorporation be issued.

ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

ABSOLUTE CHARTER

AL-IMAN SCHOOL

Jamaica, Queens County

A provisional charter was granted to this corporation by action of the Board of Regents on January 12, 2004 to operate a pre-kindergarten, a kindergarten and a grade one through twelve school.  The board of trustees has applied for an absolute charter.   The Office of Nonpublic School Services recommends that the provisional charter be made absolute.

AMENDMENT OF CHARTERS

IMAGINE ACADEMY

Brooklyn, Kings County

A provisional charter was granted to this corporation by action of the Board of Regents on July 21, 2005 to operate a kindergarten through grade twelve school for children from five through twenty-one years of age diagnosed with autism spectrum disorder, pervasive development disorder, and/or Aspergers syndrome.  The board of trustees has applied for an amendment to the provisional charter to add authority for the corporation to operate a preschool program for children between the ages of three and five years who evidence the characteristics of an autism spectrum disorder, pervasive developmental disorder, or Asperger’s disorder; and to provide residential, programmatic and waiver support services for mentally retarded and developmentally disabled individuals.  The corporation shall not use any titles or terms restricted under Title VIII of the State Education Law, including, but not limited to, the following: medicine, physician, physician assistant, psychologist, psychology, psychological, licensed master social worker, licensed clinical social worker, licensed mental health counselor, licensed psychoanalyst, licensed marriage and family therapist, licensed creative arts therapist, occupational therapist, registered nurse, nurse practitioner, licensed practical nurse or physical therapist.   The corporation shall not engage in the practice of any profession restricted under Title VIII of the State Education Law, in particular, the professions of medicine, psychology, licensed master social worker, licensed clinical social worker, nursing, licensed creative arts therapist, licensed psychoanalysis, licensed marriage and family therapist and  licensed mental health counselor, physical therapy, or occupational therapy, unless authorized to do so under an operating certificate or license by an appropriate State, regional or local governmental agency.  The corporation shall restrict the provision of counseling services to instruction, advice, support, encouragement or information to individuals, families, and relational groups, provided that this shall not include the diagnosis or treatment of mental, emotional, nervous, or behavioral disorders, unless authorized to do so under an operating certificate or license by an appropriate State, regional or local governmental agency.  The Office of Nonpublic School Services recommends that the provisional charter be amended accordingly and, as so amended, extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

THE ROSS SCHOOL

East Hampton, Suffolk County

A provisional charter was granted to this corporation by action of the Board of Regents on July 23, 1993 to operate a school.  Such provisional charter was amended and extended by Regents action on September 20, 1996 and made absolute on September 15, 2000.  Such absolute charter was consolidated by Regents action on May 23, 2006 with an effective date of September 1, 2006 with the Morriss Center School, an education corporation, with The Ross School being the surviving corporation.  The board of trustees has applied for an amendment to the absolute charter to restate the corporate purposes to state the following: a) to establish, operate and maintain a nursery school program for preschool children from two to five years of age, elementary, middle and high school programs serving grades Kindergarten through 12, and a grade thirteen post graduate program.  Nothing herein or in paragraph d shall authorize the corporation to operate or maintain a college, university or to advertise or offer credit-bearing courses or degrees in New York State; b) to establish, operate and maintain a residence hall for students from other communities, states and countries, in order to facilitate enrollment by both day scholars and boarding students; c) to establish, operate and maintain supplemental, non-credit programs and services for the education, recreation and general welfare of the community-at-large, including but not limited to courses in education, pedagogy, technology, fine and performing arts, sciences and humanities, wellness and sports; and to make available in connection therewith, the academic and athletic facilities of the school, at such times when such facilities are not in use for school purposes, or at times when the school is in use for school purposes if, in the opinion of the board of trustees, such use will not be disruptive of normal school operations; d) to establish, operate and maintain programs and services for the professional development of teachers, including providing programs to teachers to fulfill their continuing education requirements required by New York State law.  The Office of Nonpublic School Services recommends that the absolute charter be amended accordingly.

PROVISIONAL CHARTERS

THE BLUE MAN CREATIVITY CENTER SCHOOL

New York City, New York 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 grades one through eight elementary school.  The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.

THE BROOKLYN WALDORF SCHOOL

Brooklyn, Kings County

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

CAMBRIA  SCHOOL OF EXCELLENCE

Cambria Heights, Queens County

The board of trustees has petitioned the Board of Regents to form a corporation to operate a grades six through eight middle school.  The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.

TERMINATION  OF CHARTER

THE BROOKLYN WALDORF SCHOOL

Brooklyn, Kings County

This corporation was granted a provisional charter by action of the Board of Regents on April 29, 1992 to establish and support a nursery school for children from three to five years of age, a kindergarten for five year olds and grades one through three elementary school based on the Waldorf approach as set forth by Rudolf Steiner.  The provisional charter expired on April 29, 1995.  On March 2, 2004 the Office of Nonpublic School Services advised the corporation’s last known board of trustees in writing that, absent the required petition to extend or make absolute its provisional charter, the Education Department would begin the procedure to rescind said provisional charter.  Upon failure of the corporation to submit a petition to extend or make absolute its provisional charter and in accordance with the provisions of Education Law section 217 and upon the recommendation of the Office of Nonpublic School Services, it is recommended that the provisional charter granted to The Brooklyn Waldorf School on April 29, 1992 be terminated.

DISSOLUTION OF CHARTER

SUSQUEHANNA SCHOOL

Binghamton, Broome County

A provisional charter was granted to this corporation by action of the Board of Regents on December 19, 1970 to operate an elementary school. Such provisional charter was made absolute by Regents action on June 28, 1974. The board of trustees has requested that the Board of Regents consent to allow the corporation to petition for judicial dissolution. The Office of Nonpublic School Services recommends that such consent be granted.

 

Appendix II

REGENTS ACTIONS IN 29 PROFESSIONAL DISCIPLINE CASES

December 15-16, 2008

              The Board of Regents announced disciplinary actions resulting in the surrender of 4 licenses, and 24 other disciplinary actions.  The penalty indicated for each case relates solely to the misconduct set forth in that particular case.

I. SURRENDERS

Chiropractic

              Clifford Joseph Cozolino; Pelham, NY; Lic. No. 005683; Cal. No. 24211; Application to surrender license granted.

Pharmacy

              Elizabeth L. Johnson a/k/a Lange; Rochester, NY; Lic. No. 039471; Cal. No. 24128; Application to surrender license granted.

Social Work

              Rhonn D. Gilchrist; Licensed Clinical Social Worker; Tonawanda, NY Lic. No. 031719; Cal. No. 24193; Application to surrender license granted.

Veterinary Medicine

              Jane Whallon Benson; Bainbridge, NY; Lic. No. 001737; Cal. No. 24197; Application to surrender license granted.

II. OTHER REGENTS DISCIPLINARY ACTIONS

Chiropractic

              Charles John Giersberg; Syosset, NY; Lic. No. 004348; Cal. No. 24124; Found guilty of professional misconduct; Penalty: 24 month suspension, execution of last 23 months of suspension stayed, probation 24 months, 50 hours public service.

              Michael Alan Silverstein; New York, NY; Lic. No. 005005; Cal. No. 24125; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $5,000 fine.

Dentistry

              Terry Edward Grant; Dentist; Hempstead, NY; Lic. No. 042150; Cal. No. 23931; Found guilty of professional misconduct; Penalty: 2 year suspension, execution of last 21 months of suspension stayed, probation 2 years, 100 hours public service.

              Caroline Ann Itjen; Dental Hygienist; Douglaston, NY; Lic. No. 019097; Cal. No. 24025; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,000 fine.

              David Michael Muench; Dentist; Endicott, NY; Lic. No. 041451; Cal. No. 24099; Application for consent order granted; Penalty agreed upon: 5 year stayed suspension, 5 years probation, $1,000 fine.

Nursing

              Alicia Ponen a/k/a Alicia Ronen a/k/a Alicia Sambhu; Licensed Practical Nurse, Registered Professional Nurse; Valley Stream, NY; Lic. Nos. 253615, 548248; Cal. Nos. 23759, 24077; Found guilty of professional misconduct; Penalty: 2 year suspension, execution of suspension stayed, probation 2 years.

              Jacqueline A. Pajuelo; Licensed Practical Nurse; Glen Cove, NY; Lic. No. 261411; Cal. No. 24041; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

              Christina Marie Vitale; Registered Professional Nurse; Uniondale, NY; Lic. No. 569484; Cal. No. 24106; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation.

              Paula Jean Lawton; Licensed Practical Nurse; Gowanda, NY; Lic. No. 278674; Cal. No. 24120; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

              Clemence B. Mosher; Registered Professional Nurse; Westhampton Beach, NY; Lic. No. 330884; Cal. No. 24129; Application for consent order granted; Penalty agreed upon: 5 year stayed suspension, 5 years probation, $500 fine.

              Cheryl Ingrid Vaughn a/k/a Cheryl Vaughn Griffith; Licensed Practical Nurse, Registered Professional Nurse; Queens Village, NY; Lic. Nos. 267272, 546388; Cal. Nos. 24139, 24140; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 11 month stayed suspension, 1 year probation.

              Juliet Carol Chin; Licensed Practical Nurse, Registered Professional Nurse; Queens Village, NY; Lic. Nos. 272366, 560506; Cal. Nos. 24144, 24145; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

          

              Jeffrey Leroy Wisley; Licensed Practical Nurse; Batavia, NY; Lic. No. 278758; Cal. No. 24150; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

              Jacquelyne Marie Goppert; Licensed Practical Nurse; Albion, NY; Lic. No. 269359; Cal. No. 24165; 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 upon return to practice.

              Toni Maria Turner; Registered Professional Nurse; Bronx, NY; Lic. No. 510338; Cal. No. 24170; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $2,500 fine.

Pharmacy

              Seung Woo Lee; Hauppauge, NY; Lic. No. 028938; Cal. No. 23273; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation, $2,500 fine.

              CVS Albany, L.L.C. d/b/a CVS Pharmacy; Pharmacy; 63-57 Fresh Pond Road, Ridgewood, NY; Reg. No. 022578; Cal. No. 23368; Application for consent order granted; Penalty agreed upon: $10,000 fine payable within 2 months.

              Genovese Drug Stores, Inc. d/b/a Rite Aid Pharmacy; Pharmacy; 31-09 Ditmars Boulevard, Long Island City, NY; Reg. No. 014873; Cal. No. 24155; Application for consent order granted; Penalty agreed upon: $10,000 fine payable within 2 months.

Social Work

              Deborah Pierce Roman; Licensed Master Social Worker; Rochester, NY; Lic. No. 044682; Cal. No. 23927; Application for consent order granted; Penalty agreed upon: 1 year actual suspension, upon termination of suspension 2 years probation to commence upon return to practice.

Veterinary Medicine

              Catherine Louise Ralston; Plattsburgh, NY; Lic. No. 006384; Cal. No. 23419; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,000 fine.

              Stanley Weissman; New York, NY; Lic. No. 002175; Cal. No. 23517; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 9 month stayed suspension, 1 year probation, $2,500 fine.