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ACTION ITEMS

 

 

Regents Letterhead

 

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 14 and 15, 2009

 

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 14 at 9:00 a.m. and Tuesday, December 15 at 10:20 a.m. pursuant to a call to duty sent to each Regent.

MEETING OF THE FULL BOARD, Monday, December 14, 9:00 a.m.

Board Members in Attendance:

Merryl H. Tisch, Chancellor

Robert M. Bennett, Chancellor Emeritus

James C. Dawson

Anthony S. Bottar

Geraldine D. Chapey

Harry Phillips, 3rd

Joseph E. Bowman, Jr.

James R. Tallon, Jr.

Roger Tilles

Charles R. Bendit

Betty A. Rosa

Lester W. Young, Jr.

Christine D. Cea

              Also present were the Commissioner of Education, David M. Steiner, Senior Deputy Commissioner P-12, John King, Acting Counsel and Deputy Commissioner for Legal Affairs, Erin O’Grady-Parent, and the Secretary, Board of Regents, Anthony Lofrumento.  Vice Chancellor Milton L. Cofield and Regents Saul B. Cohen, Karen Brooks Hopkins and Wade S. Norwood  were absent and excused.

              Chancellor Merryl H. Tisch called the meeting to order at 9:00 a.m.

ACTION ITEMS

Executive Session Motion

              MOVED, that the Board of Regents convene in Executive Session on Monday, December 14 at 12:40 p.m. and on Tuesday, December 15 at 9:50 a.m. for the purpose of discussing pending litigation, a competitive grant proposal and a personnel matter.     

    

              Motion by:               Regent James C. Dawson  

              Seconded by:           Regent Geraldine D. Chapey

              Action:                     Motion carried unanimously

State Education Department November 2009 Fiscal Report

BR (A) 3

                           

              MOVED, that the Board of Regents accept the November 2009 State Education Department Fiscal Reports as presented.

              Motion by:               Regent James C. Dawson 

              Seconded by:           Regent Geraldine D. Chapey

              Action:                     Motion carried unanimously

2010-2011 Budget Request

BR (A) 7

              MOVED, that the Board of Regents approve the 2010-2011 Regents Budget Priorities.

              Motion by:               Regent Harry Phillips, 3rd  

              Seconded by:           Regent James C. Dawson

              Action:                     Motion carried unanimously

INFORMATION ITEMS

Commissioner’s Report to the Board

Oral

              Commissioner Steiner provided an overview and highlights of discussions and actions anticipated at the December meeting including:

Race to the Top

Regent Young

              Regent Young provided an update on Race to the Top activities including among other things the rubric for application evaluation.

              Full Board adjourned at 9:50 a.m.

 

MEETING OF THE FULL BOARD, Tuesday, December 15, 10:20 a.m.

Board Members in Attendance:

Merryl H. Tisch, Chancellor

Milton L. Cofield, Vice Chancellor

Robert M. Bennett, Chancellor Emeritus

James C. Dawson

Anthony S. Bottar

Geraldine D. Chapey

Harry Phillips, 3rd

Joseph E. Bowman, Jr.

James R. Tallon, Jr.

Roger Tilles

Charles R. Bendit

Betty A. Rosa

Lester W. Young, Jr.

Christine D. Cea

              Also present were the Commissioner of Education, David M. Steiner, Senior Deputy Commissioner P-12, John King, Acting Counsel and Deputy Commissioner for Legal Affairs, Erin O’Grady-Parent, and the Secretary, Board of Regents, Anthony Lofrumento.  Regents Saul B. Cohen, Karen Brooks Hopkins and Wade S. Norwood  were absent and excused.

              Chancellor Merryl H. Tisch called the meeting to order at 10:20 a.m.

ACTION ITEMS

Charter Applications for December 2009

BR (A) 1

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

              Motion by:               Chancellor Emeritus Robert M. Bennett

              Seconded by:           Regent James C. Dawson

              Action:                     Motion carried unanimously 

Summary of the November 2009 Meeting

BR (A) 2

              MOVED, that the Summary of the November 2009 Meeting of the Board of Regents of The University of the State of New York be approved.

              Motion by:               Chancellor Emeritus Robert M. Bennett

              Seconded by:           Regent Anthony S. Bottar

              Action:                     Motion carried unanimously

Supplemental Charter Action

BR (A) 4

MOVED, that the Board of Regents approve the application in accordance with the recommendation contained in the attached summary.

              Motion by:               Chancellor Emeritus Robert M. Bennett

              Seconded by:           Regent James C. Dawson

              Action:                     Motion carried unanimously

Proposed Amendment of Section 3.2 relating to Membership of a Chancellor Emeritus on the Regents Standing Committee

BR (A) 5

              MOVED, that subdivision (b) of section 3.2 of the Rules of the Board of Regents be amended, as submitted, effective December 22, 2009, 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 clarify the ex officio membership of a Chancellor Emeritus on the standing committees of the Board of Regents, so that the sitting Chancellor Emeritus may immediately assume his privileges and duties with respect thereto, and thereby assist the Board of Regents to efficiently and effectively meet its statutory responsibilities.

              Motion by:                Regent Anthony S. Bottar

              Seconded by:           Chancellor Merryl H. Tisch

              Action:                      Motion carried unanimously

2010 Regulatory Agenda

BR (A) 6

              MOVED, that Board of Regents approve the 2010 Regulatory Agenda for the State Education Department , as submitted.

              Motion by:               Regent James C. Dawson

              Seconded by:           Regent Harry Phillips, 3rd

              Action:                     Motion carried unanimously

Regents 2010-11 Proposal on State Aid to School Districts

BR (A) 8

               MOVED, that the Regents adopt the  report as their proposal on State Aid to school districts for school year 2010-11.

              Motion by:               Chancellor Emeritus Robert M. Bennett  

              Seconded by:           Regent James C. Dawson

              Action:                     Motion carried unanimously

Appointment of Deputy Commissioner for the Professions

BR (A) 9

              MOVED, that the Board of Regents approve the appointment of Frank Munoz to the position of Deputy Commissioner for the Professions effective December 15, 2009.

              Motion by:               Regent Harry Phillips, 3rd

              Seconded by:           Vice Chancellor Milton L. Cofield

              Action:                     Motion carried unanimously

PROGRAM AREA CONSENT ITEMS

Cultural Education

Emergency Amendment of Regents Rule 3.27 relating to Museum Collections Management Policies

BR (CA) 1

             

             MOVED, that paragraph (7) of subdivision (a), and paragraphs (6) and (7) of subdivision (c), of section 3.27 of the Rules of the Board of Regents be amended, as submitted, effective January 13, 2010, as an emergency action to expire and be deemed repealed February 13, 2010, upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare in order to protect the public’s interest in collections held by a museum or historical society by enumerating the specific criteria under which an institution may deaccession an item or material in its collection, remove the option allowing an institution to designate a structure as a collections item but keep intact any such designation made by vote of a board of trustees prior to December 19, 2008, and specify that no proceeds from deaccessioning may be used for capital expenses, except to preserve, protect or care for an historic building previously designated as part of the institution’s collection, as above.  Emergency action is also necessary to ensure that the emergency rule remains continuously in effect until it can be adopted and made effective as a permanent rule. 

              Motion by:               Regent James C. Dawson    

              Seconded by:           Regent Anthony S. Bottar

              Action:                     Motion carried unanimously

Higher Education

Proposed Amendment of the Regulations of the Commissioner of Education Relating to Teachers’ Certificates and Teaching Practice

BR (CA) 2

           MOVED, that subdivision (a) of section 80-1.2, subdivision (b) of section 80-1.6, paragraph (1) of subdivision (e) of section 80-2.2, paragraph (5) of subdivision (a) of section 80-2.9, subdivision (c) of section 80-3.6, subparagraph (i) of paragraph (3) of subdivision (a) of section 80-4.3, subparagraph (ii) of paragraph (2) of subdivision (b) of section 80-5.6, and subdivision (c) of section 80-5.9 of the Regulations of the Commissioner of Education be amended; as submitted, effective January 7, 2010.

              Motion by:              Vice Chancellor Milton L. Cofield     

              Seconded by:           Regent Harry Phillips, 3rd

              Action:                     Motion carried unanimously

Master Plan Amendment: Trocaire College, to Authorize the College’s First Program at the Baccalaureate Level, a Bachelor of Science (B.S.) Degree Program in Radiologic Technology

BR (CA) 3

             MOVED, that the Board of Regents approve the amendment to the master plan of Trocaire College to authorize the College to offer its first program at the baccalaureate level, a B.S. program in Radiologic Technology. The amendment will be effective until December 31, 2010, unless the Department registers the program prior to that date, in which case master plan amendment shall be without term.

              Motion by:               Vice Chancellor Milton L. Cofield     

              Seconded by:           Regent Harry Phillips, 3rd

              Action:                     Motion carried unanimously

Professional Practice

Appointments and a Reappointment of Members to the State Boards for the Professions and Appointments and a Reappointment of Extended Members to the State Boards for the Professions for Service on Licensure Disciplinary and/or Licensure Restoration and Moral Character Panels

BR (CA) 4

              MOVED, that the Regents should approve the proposed (re)appointments.

Report of the Committee on the Professions Regarding Licensing Petitions

BR (CA) 5

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

              Motion by:               Vice Chancellor Milton L. Cofield     

              Seconded by:           Regent James C. Dawson

              Action:                     Motion carried unanimously

VESID

Appointments to the New York State Independent Living Council, Inc.

BR (CA) 6

           MOVED, that the Regents approve that Lawrence Carter-Long, Lynn Drucker and David Whalen be appointed for a three-year term beginning January 1, 2010 and ending December 31, 2012. 

              Motion by:                Regent Roger Tilles   

              Seconded by:           Chancellor Emeritus Robert M. Bennett

              Action:                     Motion carried unanimously

Appointments to the New York State Rehabilitation Council

BR (CA) 7

              MOVED, that the Board of Regents approve that Patricia Dowse, Brett Eisenberg, Kevin Kenney and Sukyeong Pi be appointed for a three-year term beginning January 1, 2010 and ending December 31, 2012 and that Scott Ebner, Kathy Hoffman and Francine Tishman be reappointed for a three-year term beginning January 1, 2010 and ending December 31, 2012.

               Motion by:               Regent Roger Tilles   

              Seconded by:           Chancellor Emeritus Robert M. Bennett

              Action:                     Motion carried unanimously

STANDING COMMITTEE REPORTS

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

              Motion by:                Regent Anthony S. Bottar      

              Seconded by:           Chancellor Emeritus Robert M. Bennett

              Action:                      Motion carried unanimously

INFORMATION ITEM

Commissioner’s Look Ahead at the January Meeting

Oral

              Commissioner Steiner:  The Commissioner reported that the January meeting will include: Full Board: Race to the Top; EMSC: Graduation Rate, Early Childhood Issues; Higher Education: Proposal Chances to Special Education Certification Structure, Special Education Certification Structure, Teachers Standards Overview, Review of Draft Teacher Prep Program Standards for High Needs Schools, Review of Draft Standards Pilot Principal Prep Program; VESID: Monitoring Report, CUNY LEEDS Program update, Replacement IEP Diploma; PPC: Corporate Practice, Report on 2010 Legislative Proposals; Cultural Education: Update on Broadband Initiatives.

             

Full Board adjourned at 11:30 a.m.

 

AUDITS

Regent Geraldine Chapey, Chair of the Regents Subcommittee on Audits submitted the following report.

Your Regents Subcommittee on Audits had its scheduled meeting on December 15, 2009. The members of the Subcommittee in attendance were Regent Chapey, Regent Cofield, and Regent Bowman.  Regents Tilles, Bendit and Cea were also in attendance.

Items for Discussion

Chair’s Remarks:  Regent Chapey welcomed everyone and commented on the importance of audits in providing the Board of Regents with information needed to carry out their responsibilities.

Update on Comptroller’s Audit of The Department’s Oversight of Scoring Practices on Regents Examinations

Staff briefed the members on a recently issued audit which examined the Department’s Oversight of Scoring Practices on Regents Examinations. The report contained 12 recommendations, the Department agreed with 11 of them. Assistant Commissioner Abrams discussed the three general areas of findings.  There was a broad discussion of challenges and future actions related to the assessment process.

Update on ARRA Audit Activities 

Audit staff briefed the Subcommittee on audit activities related to the appropriate administration of ARRA funds. The Office of Audit Services has initiated six audits of school districts and two internal audits of the Department processes related to ARRA. 

 

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 (CE) had its scheduled meeting on December 15, 2009.

In attendance were: Regents Dawson, Bowman, Phillips and Tilles.  In addition to CE Committee Members, Commissioner Steiner and Board Members in attendance included Chancellor Tisch, Regents Bottar, Cea

Absent: Regent Brooks Hopkins

ITEMS FOR DISCUSSION

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

Deputy’s Report: Deputy Commissioner Jeffrey Cannell greeted everyone and provided a brief update on a meeting with the Governor’s Office and Division of Budget.  The Deputy’s OCE Monthly Report was distributed to the Board of Regents prior to the meeting.

CE(D) 1 – Progress Report on Managing Electronic Records in New York State (P)

Christine Ward, State Archivist and Assistant Commissioner for the Archives provided background information on this Item.

Geof Huth, Director of Government Records Services in the New York State Archives presented the report to the Committee focusing on not only the challenges faced with preserving and managing New York’s electronic (digital) records and the importance of preservation and management of electronic records, but the funding necessary to properly carry out this responsibility or New York will be at risk of losing its digital heritage.

There is no single preservation solution for electronic records. Unlike paper records, electronic records require a higher level of attention to preserve, make accessible, and to sustain a usable format as technology changes.  Consequently, as technology changes, there is a constant need to update skills, approaches and problem-solving techniques as new problems occur.

Long-term costs of managing electronic records will exceed the State Archives’ current resources.  New York’s history is increasing digitally and it is crucial to preserve electronic records to preserve this age.  Funding is essential to meet our obligations.

An opportunity for questions and/or comments was extended to the Committee.

                                                                                                                                                                                              

Emergency Amendment of Regents Rule §3.27, Relating to Museum Collections Management Policies

Time was allotted for discussion regarding the above Item.  The proposed amendment was discussed by the Cultural Education Committee and adopted by the Full Board as an emergency action at the December 2008 Regents meeting, effective December 19, 2008, and was readopted as emergency actions at the March, April, June, July and October 2009 Regents meetings.  If adopted by the Board of Regents at the December 2009 meeting, this emergency action will become effective on January 13, 2010.

 

REGENTS CULTURAL EDUCATION TRUSTEESHIP

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, 2009.

In attendance were: Regents Dawson, Bowman, Phillips, and Tilles.

Regent Brooks Hopkins was absent.

ITEMS FOR DISCUSSION

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

Deputy’s Report: Deputy Commissioner Jeffrey Cannell greeted everyone as well.

Clifford Siegfried, Director and Assistant Commissioner for the NYS Museum – presented on the following Regents Item.

CET (D) 1 – Status of Gallery Renewal Projects

Planning for the new galleries is nearly complete - The Natural History gallery and History Gallery have been presented in previous meetings. The current fiscal crisis has put the implementation of the gallery renewal on hold as discussion continues regarding budget and schedule with the NYS Division of Budget.

An opportunity for questions and/or comments was extended to the Committee.

 

REGENTS JOINT MEETING ON ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION AND HIGHER EDUCATION

Your EMSC and Higher Education Committees held a joint meeting on December 14, 2009.  All Committee members were present except for Regents Cohen and Norwood, who were excused.

ACTION ITEMS

Common Core Standards Review and Adoption Process

              Your EMSC and Higher Education Committees recommend that the Board of Regents direct staff to implement the review and adoption process for the Common Core State Standards and support the development of college- and career-readiness standards for ELA and mathematics learning standards and grade by grade performance expectations.   [EMSC (A) 1]

Assessment Policy

Your EMSC and Higher Education Committees recommend that the Board of Regents approve recommendations to redesign the New York State Assessment Program.  The recommendations include the development of formative, interim and summative assessments in ELA and mathematics; making the grades 3-8 test more comprehensive and integrating computer-based assessments with the Science testing program; and making changes to the Regents Testing Program by adding English and Social Studies exams, and including curriculum frameworks and matched assessments in the Arts, Economics and Multi-media/computer technology.  The Committee asked that revisions in the Regents testing program for Mathematics and Science also be considered.   [EMSC (A) 2]

P-20 Longitudinal Data System and Growth Model

              Your EMSC and Higher Education Committees recommend that the Board of Regents approve a new accountability model that includes growth measures as part of the overall accountability measurements.  The U.S. Education Department has signaled its intention to encourage the use of growth models by states when Congress takes up the reauthorization of the Elementary and Secondary Education Act as early as next year.  If the growth model concept is approved, staff will begin work on a proposal to be presented to the Regents in the spring.  The Committee also discussed the work being done to create the P-20 longitudinal data system.  [EMSC (A) 3]

Establishing a Graduation Rate Goal and Annual Targets for Accountability

              The Committees considered four policy recommendations:

1.           Set for NCLB accountability purposes a graduation goal that 80% of an accountability group graduates from high school within the specified number of years.

2.           Establish a progress target for the 2009-10 and 2010-2011 school years that schools and district below the graduation rate goal achieve a 20% gap reduction for the "all students" group.

 3.          Not establish a minimum graduation rate (floor) for accountability purposes until New York begins with 2011-12 school year results to use a five year extended year graduation rate.

  • Set an aspirational graduate goal that 95% of each school's and district's "all students group" graduate within five years and publicize on school and district report cards whether this goal has been achieved.

Your EMSC and Higher Education Committees recommend that the Board of Regents adopt these policy recommendations establishing a graduation rate goal and annual targets for the 2009-10 and 2010-11 school years for submission to the United States Department of Education for approval.  Staff will prepare the submission to USED based on these policy recommendations.   [EMSC (D) 11]

Charter Schools

Your EMSC and Higher Education Committees recommend that the Board of Regents approves and issues the charter of the Lefferts Gardens 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 14, 2014.  [EMSC (A) 4]

Your EMSC and Higher Education Committees recommend that the Board of Regents approves the renewal application of the Bronx Charter School for the Arts, that a second renewal charter be issued, and that its provisional charter be extended for a term up through and including August 31, 2015.   [EMSC (A) 5]

Your EMSC and Higher Education Committees recommend that the Board of Regents approves and issues the charter of the Renaissance Charter High School for Innovation 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 14, 2014.  [EMSC (A) 6]

Your EMSC and Higher Education Committees recommend that the Board of Regents approves and issues the charter of the Rochdale Early Advantage 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 14, 2014.   [EMSC (A) 7]

Your EMSC and Higher Education Committees recommend that the Board of Regents approves the renewal application of the Urban Choice Charter School to the extent that it provides for instruction in grades kindergarten though eight only, and directs the school to modify its application accordingly.  [EMSC (A) 8]

Your EMSC and Higher Education Committees recommend that the Board of Regents approves the renewal application of the Niagara Charter School, that a first renewal charter be used, and that its provisional charter be extended for a term up through and including June 30, 2013.  [EMSC (A) 9]

Your EMSC and Higher Education Committees recommend that the Board of Regents approves the renewal application of the Genesee Community Charter School, that a second renewal charter be issued, and that its provisional charter be extended for a term up through and including June 30, 2015.  [EMSC (A) 10]

Your EMSC and Higher Education Committees recommend that the Board of Regents approves and issues the charter of the Inwood Academy for Leadership 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 14, 2014.   [EMSC (A) 12]

Your EMSC and Higher Education Committees recommend that the Board of Regents approves and issues the charter of the Dr. Richard Izquierdo Health and Science 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 14, 2014.  [EMSC (A) 13]        

Your EMSC and Higher Education Committees recommend that the Board of Regents approves and issues the charter of the Staten Island Community 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 14, 2014.  [EMSC (A) 14]

MOTION FOR ACTION BY FULL BOARD

             

              Madam Chancellor and Colleagues:  Your EMSC and Higher Education Committees recommend, and we move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on December 15, 2009, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

Making Up Course Credit – The Committees discussed a proposed amendment to regulations relating to making up course credit that establishes standards for make-up credit programs for school districts, registered nonpublic schools, and charter schools that choose to offer such programs.   It is anticipated that the proposed amendment will be submitted to the Regents for approval in the spring.  [EMSC (D) 1]

Proposed Methodology for Identification of Persistently Lowest-Achieving Schools – The Committees endorsed a proposed methodology for identifying the lowest-achieving schools that would be targeted for turnaround intervention and recommendations for how the process can be used to strengthen the Schools Under Registration Review process (SURR).  Staff will incorporate these concepts into New York’s Race to the Top application and develop regulations for submission to the Regents to implement these recommendations beginning with the 2010-2011 school year.  [EMSC (D) 2]

Update on School Turnaround/Restart/Closure/Transformation Strategies – The Committees discussed a proposed plan for strategies that school districts can use to transform or close and replace those schools identified for turnaround intervention.  The Committees endorsed recommendations to raise student achievement and close achievement gaps by turning around the State’s persistently lowest achieving schools.

Those recommendations include:

  • Pursuing a framework for dramatic school intervention, which includes direct management of schools by external lead partners and possible creation of  Partnership Zones
  • Using Federal funds to create a statewide Technical Assistance Center for Innovation and Turnaround  and use of federal funds to support LEAs that opt-in to use of the four intervention models before schools are identified as persistently lowest-achieving
  • Creating a State Education Department Office of Innovative School Models
  • Establishing legislative priorities to: authorize educational management organizations to directly manage schools; raise the charter school cap; authorize the Commissioner to order an LEA to convert a struggling school into a charter school; authorize charter schools access to BOCES services; expand the authority of the Board of Regents to intervene in LEAs that have been declared chronically under performing and give the Regents the authority to designate a three-member team to assume the responsibilities of an Education Oversight Board with all the powers of the School Board.
  • Amending Commissioner’s regulations to: allow newly created schools to seek operational waivers; align the SURR identification process and persistently lowest achieving schools process; ensure that LEAs’ annual professional performance review plan requires timely and constructive feedback and that the evaluation include performance data for that teacher’s students; and, expand the means by which students can earn high school credit based on completion of competencies.
  • Creating innovative secondary schools, including developing a Virtual High School [EMSC (D) 3]

 

REGENTS JOINT MEETING ON HIGHER EDUCATION AND ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

Your Higher Education and EMSC Committees held a joint meeting on December 14, 2009.  All members of the Committees were present, except Regents Cohen, Hopkins and Norwood who were excused.

DISCUSSION ITEM:

I.  HE (D) 2.  PART II OF BOARD OF REGENTS DISCUSSION REGARDING STRENGTHENING TEACHING AND LEARNING IN New York STATE.

Last month, the Board of Regents consented to the direction of five policy recommendations found in Part I: Strengthening Teaching and Learning in New York State.  This month, the Board consented to the policy directions found in Part II: Transforming Teaching and Learning and Strengthening the Preparation and Practice of School Leaders.

Transforming Teaching and Learning.  The Committees discussed the following 7 recommendations that were presented by Commissioner Steiner and Deputy Commissioner Joseph P. Frey.  Collectively the recommendations seek to strengthen instruction and provide support to new teachers, primarily those in urban school districts with high populations of very high need students.  The recommendations are designed to underpin recruitment and retention of these teachers.  The recommendations will be advanced by the Commissioner and the Department’s senior leadership, and will also be part of the Governor’s application to the State’s “Race to the Top” application.

1.)          Create a statewide teacher career leader for school districts to utilize to compensate teachers for improving their teaching practice throughout their careers.

2.)          Develop an enhanced Annual Professional Performance Review for teachers grounded in the newly developed teacher standards and    designed to more clearly differentiate the performance of teacher effectiveness employing multiple measures, including student achievement and student growth data.

3.)          Create a model induction program for new teachers designed to create “teacher leaders.” 

4.)          Create a rich clinically-based undergraduate teacher preparation model focused on serving the needs of students in the performance          gap in high need schools.

5.)          Put in place a formative assessment model of professional development for improving teaching and learning in high need schools.

6.)          Incorporate the equitable distribution of effective teachers into district score cards and district accountability.

7.)          Streamline the §3020-a process to preserve the integrity of the teaching profession.

Strengthening the Preparation and Practice of School Leaders. The Committees discussed the following 6 recommendations that were presented by Commissioner Steiner, Deputy Commissioner Joseph P. Frey, and Dr. Robert McClure.  The recommendations are designed to support the work of principals and school leaders in urban schools, to provide best practices and sound professional development. The recommendations will be advanced by the Commissioner and the Department’s senior leadership, and will also be part of the Governor’s application to the State’s Race To The Top application.

1.)          Put in place a clinically rich approach to prepare school principals to directly strengthen teaching and learning in their schools. Include in New York’s Race to the Top proposal a pilot program to prepare school leaders for high need schools, open to both collegiate and non-collegiate institutions with demonstrated results in raising the achievement of high need students.

2.)          Put in place performance assessments for initial certification of school principals.

3.)          Expand the leadership academies across New York State ensuring that all of the Big 5 cities and all regions of the State have access to professional development through these leadership academies.

4.)          Create a statewide principal career ladder for school districts to utilize to compensate principals for demonstrating progressive          improvement throughout their careers.

5.)          Create an Annual Professional Performance Review for school leaders focused on strengthening student performance, feedback from multiple sources and aligning professional growth with areas that need improvement.

  • Create transparent data profiles for all institutions that prepare school leaders.

             Deputy Commissioner Frey will present the roll out plan to involve the field in discussion and implementation of this item at the January 2010 meeting of the Higher Education/EMSC Joint Committee meeting.

ACTION

It was moved to approve the conceptual proposals outlined in the item.  The Board of Regents approved the policy recommendations included in the December 2009 Regents item [ HE (D) 2 ] on Teaching and Learning and School Leadership.

II.  HE (D) 1 PROPOSED AMENDMENT OF PART 162 OF REGULATIONS OF THE COMMISSIONER OF EDUCATION RELATING TO VETERANS TUITION AWARDS PROGRAM

The purpose of the amendment is to establish standards and approval requirements for eligible agencies seeking to obtain approval of vocational training programs for purposed  tuition awards to  veterans of Vietnam, Persian Gulf, Afghanistan, and other Eligible Combat veterans pursuant to section 669-a of the Education Law.  New York State statute requires the amendment to go before The Board of Regents.

Since other state agencies have established programs for veterans, the amendment provides for those programs to be approved by the Board of Regents.

FUTURE ACTION

The Committee will present this item for approval at the February 2010 meeting of the Board of Regents.

 

REGENTS COMMITTEE ON PROFESSIONAL PRACTICE

Your Professional Practice Committee held its scheduled meeting on December 14, 2009.  All members were present except for Chancellor Merryl H. Tisch, Vice-Chancellor Milton L. Cofield and Regent Saul B. Cohen who were excused. 

  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 3 cases.  In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 43 consent order applications and 4 surrender applications be granted.  [PPC EXS (A) 1-3]

              These recommendations are made following the review of 50 cases involving seven registered professional nurses, six licensed practical nurses, four licensed practical nurses who are also registered professional nurses, four pharmacists, three dentists, three pharmacies, two certified public accountants, two physical therapists, two podiatrists, two professional engineers, two registered professional nurses who are also nurse practitioners, one architect, one dental professional corporation, one massage therapist, one occupational therapist, one podiatric professional corporation, one professional engineer professional service limited liability company, and one psychologist.

Approvals

              Voted, that paragraphs (13) and (14) of subdivision (a) and subdivisions (h) and (i) of section 29.10 of the Rules of the Board of Regents be added; that paragraph (1) of subdivision (b) of section 52.13 of the Regulations of the Commissioner of Education be amended; and that sections 70.1 through 70.7 of the Regulations of the Commissioner of Education be repealed and new sections 70.1 through 70.9 be added, as submitted, effective January 7, 2010, to implement the new law relating to the practice of public accountancy in New York.  These amendments were adopted in June, renewed in September, and revised in October. At the December PPC meeting, the amendments were presented for adoption on a permanent basis.  [PPC (A) 1]

Voted, that paragraphs (13) and (14) of subdivision (a) and subdivisions (h) and (i) of section 29.10 of the Rules of the Board of Regents be added; that paragraph (1) of subdivision (b) of section 52.13 of the Regulations of the Commissioner of Education be amended; and that sections 70.1 through 70.7 of the Regulations of the Commissioner of Education be repealed and new sections 70.1 through 70.9 be added, as submitted, effective December 22, 2009, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare to ensure that the emergency action remains continuously in effect until the effective date of its permanent adoption.

MOTION FOR ACTION BY FULL BOARD

              Madam Chancellor and Colleagues:  Your Professional Practice Committee recommends, and we move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on December 14, 2009, copies of which have been distributed to each Regent.

                                      MATTERS NOT REQUIRING BOARD ACTION

              Your Committee discussed several topics of interest, including:

  • Associate Commissioner's Report/Update – The Associate Commissioner:
    • reported on the issue of inactive certified public accountants (CPAs) serving on boards of directors and committees of such boards.  This item involved discussion of a guidance document to be provided to the public to enable inactive CPAs to serve in such positions under specified conditions; and
    • provided an update on the authority of psychoanalytic institutes to provide mental health services. [Oral Report]
  • Non-Disciplinary License Surrenders – This item discussed the authority of the Board of Regents and the State Education Department to allow a licensee to voluntarily surrender his or her license in the absence of a disciplinary proceeding.  [PPC (D) 1]
  • Notification of Disciplinary Actions Related to Nursing Homes – This item discussed possible ways in which the Department could provide information to the Department of Health and to nursing homes regarding disciplinary actions taken against professional licensees working in such facilities.  [PPC (D) 2]
  • Review of Penalties Imposed in Medicaid/Insurance Fraud cases – This report addressed the Committee’s request for a report on the penalties imposed in cases involving Medicaid fraud.  [Oral Report] 

 

REGENTS COMMITTEE ON VOCATIONAL AND EDUCATIONAL SERVICES FOR INDIVIDUALS WITH DISABILITIES

Your VESID Committee held its scheduled meeting on December 14, 2009.   All

members were present with the exception of Regent Norwood who was excused.  Chancellor Emeritus Bennett also attended.                                     

MATTERS REQUIRING BOARD ACTION

              The Committee voted (with the exception of Regent Bowman who was not in attendance at the time of the vote) to approve the adoption of the proposed amendment of section 100.5 of the Regulations of the Commissioner of Education to extend the existing Regents Competency Test (RCT) Safety Net to all eligible students with disabilities entering grade 9 prior to the 2011-12 school year.  (VESID (A) 1)

MATTERS NOT REQUIRING BOARD ACTION

              Deputy Commissioner Cort advised the Committee that the Department was co-chairing an Interagency Task Force on Autism with the Office of Mental Retardation and Developmental Disabilities.  The task force is charged with identifying needed cross systems activities in an effort to improve the interagency coordination of supports and services and to maximize resources for individuals with Autism Spectrum Disorders (ASD) and their families in New York State. 

              Deputy Commissioner Cort discussed certain issues related to the State Operated Schools and the exploration of ideas to expand services.      The Committee requested that a letter be prepared to go to the Executive regarding the reduction in funding for the 4201 schools in the recent deficit reduction package.  The letter should reflect the Regents’ position that this severely disabled group of students should not be singled out for a funding reduction given the legislative intention to hold harmless most education funding.  The letter should also suggest that discussions begin regarding the possibility of moving the 4201 schools to a rate setting methodology which would remove the dependence on a targeted State appropriation.

              Staff provided an update on the continued progress of the Designing our Future Project, including key outcomes and initiatives implemented as part of the design effort centered around four key themes: improved marketing of VESID services to consumers and businesses; enhanced collaboration with stakeholders; expanded and diversified outreach to consumers; and redesigned district office staffing structures. (VESID (D) 1)

 

Appendix I

NEW YORK STATE BOARD OF REGENTS CHARTER ACTION

CULTURAL EDUCATION

 

ABSOLUTE CHARTER

HISTORIC BRIGHTON

Rochester, Monroe County

A provisional charter was granted to this corporation by action of the Board of Regents on April 24, 2001.  The board of trustees has applied for an absolute charter. The Office of Cultural Education recommends that the provisional charter be made absolute.

AMENDMENT OF CHARTERS

AURORA FREE LIBRARY

Aurora, Cayuga County

A provisional charter was granted to this corporation by action of the Board of Regents on July 31, 1981 to operate a library.  Such provisional charter was extended by Regents action on February 20, 1987 and April 29, 1992, and made absolute on December 20, 1996.  The board of trustees has applied for an amendment to the absolute charter to designate the service area of the library to be the Town of Ledyard, to specify the trustees term length to be three years, 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.

BARKER FREE LIBRARY

Barker, Niagara County

A provisional charter was granted to this corporation by action of the Board of Regents on March 17, 1939 to operate a library.  Such provisional charter was extended by Regents action on March 16, 1945, October 20, 1950, December 16, 1955, February 28, 1958, and April 27, 1962, and made absolute on June 25, 1971.  The board of trustees has applied for an amendment to the absolute charter to designate the service area of the library to be the Town of Somerset, to specify the number of trustees to be not less than five nor more than nine, 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.

EVAN MILLS PUBLIC LIBRARY

Evans Mills, Jefferson County

A provisional charter was granted to this corporation by action of the Board of Regents on March 23, 1956 to operate a library.  Such provisional charter was made absolute by Regents action on January 25, 1962.  The board of trustees has applied for an amendment to the absolute charter to designate the service area of the library to be the Village of Evans Mills, to specify the number of trustees to be not less than five nor more than fifteen, to designate the Commissioner of Education as agent of the corporation upon whom process in any action or proceeding against it may be served, and to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3).  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

MIDDLEPORT FREE LIBRARY

Middleport, Niagara County

A provisional charter was granted to this corporation by action of the Board of Regents on July 19, 1929 to operate a library.  Such provisional charter was extended by Regents action on December 20, 1940, and made absolute on April 18, 1947.  The board of trustees has applied for an amendment to the absolute charter to designate the service area of the library to be the Village of Middleport, to specify the number of trustees to be not less than five nor more than fifteen, to designate the Commissioner of Education as agent of the corporation upon whom process in any action or proceeding against it may be served, and to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3).  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

PALISADES FREE LIBRARY

Palisades, Rockland County

A provisional charter was granted to this corporation by action of the Board of Regents on September 15, 1944 to operate a library.  Such provisional charter was made absolute by Regents action on October 21, 1949.  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 twenty-five, to designate the Commissioner of Education as agent of the corporation upon whom process in any action or proceeding against it may be served, and to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3).  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

PULTENEY FREE LIBRARY

Pulteney, Steuben County

A provisional charter was granted to this corporation by action of the Board of Regents on January 3, 1924 to operate a library.  Such provisional charter was extended by Regents action on September 19, 1941, December 20, 1946, January 25, 1952, November 16, 1956, April 27, 1962, and June 24, 1966, and was made absolute on June 23, 1972.  Such absolute chanter was amended by Regents action on February 23, 2004.  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.

RAMAPO CATSKILL LIBRARY SYSTEM

Middletown, Orange County

A provisional charter was granted to this corporation by action of the Board of Regents on December 18, 1959 to operate a library system.  Such provisional charter made absolute on June 25, 1965.  Such absolute charter was amended by Regents action on June 27, 1975 and September 16, 2008.  The board of trustees has applied for an amendment to the absolute charter to add the following language:  “The Ramapo Catskill Library System is organized exclusively for charitable and educational purposes, including, for such purposes, the making of distributions to organizations that qualify as exempt organizations under section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future tax code.”  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

WOMEN’S ROUND LAKE IMPROVEMENT SOCIETY

Round Lake, Saratoga County

An absolute charter was granted to this corporation by action of the Board of Regents on December 20, 1900 to operate a library.  Such absolute charter was made amended by Regents action on December 17, 1976.  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 eleven, to designate the Commissioner of Education as agent of the corporation upon whom process in any action or proceeding against it may be served, and to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3).  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

PROVISIONAL CHARTER

BLUES ARCHIVES PROJECT

West Genesee, Onondaga County

The board of trustees has petitioned the Board of Regents to form a corporation to promote history and original historical research; to disseminate and encourage a greater knowledge of the history of blues music and its cultural significance; to collect, own, hold, preserve, research, catalog, display, and make available for study appropriate cultural and historical artifacts so as to chronicle the development of blues music over the last 100 years; to educate people regarding the past and present of blues music;

To gather and retain oral histories to acknowledge pioneers of the Central New York Blues Community; to study and share historical objects through educational programs to promote an increased awareness in blues music; to share the community’s blues history in public meetings, exhibits, publications, and any other means deemed appropriate, with a focus on educating young people; to promote awareness of the study and preservation of historic recordings of Blues Music through music workshops and community events that showcase blues music; and 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.

EXTENSION OF CHARTER

HAMPTON BAYS HISTORICAL & PRESERVATION SOCIETY

Hampton Bays, Suffolk County

A provisional charter was granted to this corporation by action of the Board of Regents on July 21, 1995 to operate a historical and preservation 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.

DISSOLUTION OF CHARTER

B-52 MOHAWK VALLEY MUSEUM

Rome, Oneida County

A provisional charter was granted to this corporation by action of the Board of Regents on July 19, 1996 to operate a museum.  The board of trustees has petitioned the Board of Regents for the dissolution of the charter as the corporation has no means to raise funds necessary to form and operate as a museum.  The trustees request Regents approval of the distribution of the remaining assets of the corporation to the Rome Historical Society.  The Office of Cultural Education recommends that the provisional charter of the B-52 Mohawk Valley Museum be dissolved and that its assets be distributed to the Rome Historical Society.

APPLICATION FOR REGENTS CONSENT TO FILE AN APPLICATION FOR AUTHORITY TO OPERATE AS AN AUTHORIZED FOREIGN EDUCATION CORPORATION UNDER EDUCATION LAW AND THE NOT-FOR-PROFIT CORPORATION LAW

CLASSICAL AMERICAN HOMES PRESERVATION TRUST

New York City, New York County

The directors of Classical American Homes Preservation Trust, a North Carolina not-for-profit corporation have petitioned the Board of Regents for consent to file an application for authority to operate in New York State as an authorized foreign education corporation pursuant to Education Law §216-a(3).  The corporation owns and maintains historic properties, including the George F. Baker houses in New York City, as historic house museums open to the public.  The activities the corporation seeks to conduct in New York State include acquiring, preserving, and making accessible to the public personal and real property and developing educational programs and activities, to promote knowledge of and appreciation for the history, art, architecture and natural resources of the United States.  The Office of Cultural Education recommends that the consent of the Board of Regents to the filing of such application for authority be granted.

ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

AMENDMENT OF CHARTER

THE NEW SCHOOL OF SYRACUSE

Syracuse, Onondaga County

A provisional charter was granted to this corporation under the corporate name “Syracuse Institute for Enabling Education” by action of the Board of Regents on January 24, 1973 to operate a grades K-6 elementary school.  Such provisional charter was amended and extended by Regents action on December 16, 1977 and further extended on April 23, 1982, and amended and made absolute by Regents action on June 20, 1986.  Such absolute charter was amended by Regents action on April 26, 1991 to change the corporate name to “The New School of Syracuse.”  The board of trustees has applied for an amendment to the absolute charter to specify that the corporation has relocated to 5205 Jamesville Road, DeWitt, New York 13214.  The Office of Nonpublic School Services recommends that the absolute charter be amended accordingly.

AMENDMENT AND EXTENSION OF CHARTERS

ST. JOHN CHRISTIAN ACADEMY

Buffalo, Erie County

A provisional charter was granted to this corporation by action of the Board of Regents on June 25, 1993 to operate a nursery school, a kindergarten, and a grade one through twelve school.  Such provisional charter was amended and extended on July 26, 2006.  The board of trustees has applied for an amendment and extension of the provisional charter:

  • To specify that the school and corporation have relocated to 184 Goodell Street, Buffalo, New York 14204; and
  • To add authority for the corporation to also provide services to persons with mental retardation and developmental disabilities under the Waiver Program of the Office of Mental Retardation and Developmental Disabilities.

 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.

SHAWANGUNK RIDGE SCHOOL

New Paltz, Ulster County

A provisional charter was granted to this corporation by action of the Board of Regents on June 18, 2002 to operate a nursery school, kindergarten, grade one through six elementary school, and grade seven through twelve secondary school.  The provisional charter was amended on February 23, 2004 to change the corporate name to “Shawangunk Ridge School.” The board of trustees has applied for an amendment and extension of the provisional charter.  The amendments are:

  • To change the name to “The Ridge School;”
  • To specify that the school and corporation have relocated to 1 Church Street, Hyde Park, New York 12538; and,
  • To restate the corporate purpose in its entirety to specify that the corporation will maintain and operate a kindergarten for five year olds with and without disabilities, a grade one through six elementary school serving students with and without disabilities, and a grade seven through twelve secondary school serving students with and without disabilities.

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.

PROVISIONAL CHARTER

QUEENS PAIDEIA SCHOOL         

Long Island City, Queens County

The board of trustees has petitioned the Board of Regents to form a corporation to operate a 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.

EXTENSION OF CHARTER

THE RYKEN EDUCATIONAL CENTER

Brooklyn, Kings County

A provisional charter was granted to this corporation by action of the Board of Regents on September 10, 2004 to operate a grade nine through twelve secondary school for students with disabilities. The Ryken Educational Center, Inc., a not-for-profit corporation was consolidated into The Ryken Educational Center on September 10, 2004.  The board of trustees has petitioned for an extension of the provisional charter.  The Office of Vocational and Educational Services for Individuals with Disabilities (VESID) has been provided with an opportunity to review this action and the trustees have been advised that the granting of the provisional charter does not constitute approval for state funding for programs and services under the jurisdiction of VESID. The Office of Nonpublic School Services recommends that the provisional charter be extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

 

HIGHER AND PROFESSIONAL EDUCATION

AMENDMENT OF CHARTER

TROCAIRE COLLEGE

Buffalo, Erie County

A provisional charter was granted to this corporation under the corporate name “Sancta Maria Junior College” on June 27, 1958 to operate a junior college; amended on May 21, 1964 to include a name change to “Sancta Maria College;” extended on June 24, 1966; amended December 16, 1966 to change the corporate name to “Trocaire College;” amended and extended on September 26, 1969; and made absolute on January 26, 1972.  Such absolute charter was last amended by Regents action on February 12, 2007.  The board of trustees has applied for an amendment to operate as a corporation with members to consist of one representative of the Conference for Mercy Higher Education, a Maryland non-stock, non profit corporation, and four Sisters of Mercy selected from among the Sisters of Mercy serving on the board of trustees; and to add authority for the College to confer the degree of Bachelor of Science (B.S.).  The Office of Higher Education recommends that the absolute charter be amended to provide for such membership, and to authorize the corporation to operate postsecondary degree programs registered by the State Education Department and to confer degrees approved and authorized by the Board of Regents in connection with such programs, including the Bachelor of Science (B.S.) degree.

 

Appendix II

REGENTS ACTIONS IN 50 PROFESSIONAL DISCIPLINE CASES

December 14–15, 2009

The Board of Regents announced disciplinary actions resulting in the revocation of 1 license, surrender of 3 licenses and 1 registration, and 45 other disciplinary actions. The penalty indicated for each case relates solely to the misconduct set forth in that particular case.

REVOCATION AND SURRENDERS

Nursing

Alyson Renee Gill; Registered Professional Nurse; Laurel Springs, NJ 08201-4821; Lic. No. 483052; Cal. 23829; Found guilty of professional misconduct; Penalty: Revocation.

John Ray Whitman; Registered Professional Nurse; Gardiner, NY 12525; Lic. No. 311811; Cal. No. 24842; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted of Sexual Abuse in the 2nd Degree.

Pharmacy

Fidelis Tony Ibeh; Pharmacist; Brooklyn, NY 11236; Lic. No. 040602; Cal. 24698; Application to surrender license granted.  Summary: Licensee admitted to charges of failing to properly supervise a pharmacy; violating pharmacy rules and regulations governing the practice of pharmacy; failing to account for controlled substances purchased by the pharmacy; and dispensing controlled substances pursuant to forged prescriptions.

Rite Quality Pharmacy, Inc.; Pharmacy; 614 Flatbush Avenue, Brooklyn, NY 11225; Reg. No. 023135; Cal. No. 24699; Application to surrender registration granted. Summary: Registrant admitted to charges of failing to properly supervise a pharmacy; violating pharmacy rules and regulations governing the practice of pharmacy; failing to account for controlled substances purchased by the pharmacy; and dispensing controlled substances pursuant to forged prescriptions.

Psychology

Gabriel G. Feldmar; Forest Hills, NY 11375; Lic. No. 008381; Cal. No. 24399; Application to surrender license granted.  Summary: Licensee admitted to charges of having been convicted of Falsifying Business Records in the 1st Degree; Conspiracy in the 4th Degree; Attempted Grand Larceny in the 2nd Degree; Insurance Fraud in the 3rd Degree; Attempted Grand Larceny in the 3rd Degree; Grand Larceny in the 3rd Degree; and Insurance Fraud in the 4th Degree.

 

II. OTHER REGENTS DISCIPLINARY ACTIONS

Architecture

Andras Krasznoi; Forest Hills, NY 11374; Lic. No. 027716; Cal. No. 24596; Application for consent order granted; Penalty agreed upon: 2 month actual suspension, 22 month stayed suspension, 2 years probation, $7,500 fine.

Dentistry

Luis Jose Guzman; Merrick, NY 11566; Lic. No. 046542; Cal. No. 23840; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $2,500 fine.

Douglas Gregory Saturnino; Williamsville, NY 14221; Lic. No. 042448; Cal. No. 24703; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,000 fine.

Alan Kazlow; Great Neck, NY 11023; Lic. No. 026999; Cal. No. 24643; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $5,000 fine.

Alan Kazlow DDS PC; 28 Shore Park Road, Great Neck, NY 11024; Cal. No. 24645; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation.

Engineering and Land Surveying

Daniel E. Kreuz; Professional Engineer; Buffalo, NY 14216; Lic. No. 061316; Cal. No. 24271; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $2,000 fine.

Patrick Hao Chen; Professional Engineer; Forest Hills, NY 11375-4147; Lic. No. 074885; Cal. No. 24751; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, 1 year probation, $2,000 fine.

PC Design-Build Engineering PLLC; 3901 Main

Street -– Suite 610, Flushing, NY 11354-5482; Cal. No. 24752; Application for consent order granted; Penalty agreed upon: $2,000 fine, 1 year probation.

Massage Therapy

Gloria Riordan Collery; Greenwich, NY 12834; Lic. No. 013348; Cal. No. 24513; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,000 fine.

Nursing

Diane M. Bieniewicz a/k/a Diane M. Bieniewicz-Fitzgerald; Licensed Practical Nurse, Registered Professional Nurse; Riverhead, NY 11901; Lic. Nos. 180775, 397748; Cal. Nos. 22692, 22693; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation.

              Catherine F. Lugtu; Registered Professional Nurse; Port Washington, NY 11050; Lic. No. 513856; Cal. No. 23358; Found guilty of professional misconduct; Penalty: 1 year suspension, execution of suspension stayed, probation 2 years.

              Wendi L. Pugh; Licensed Practical Nurse; Loch Sheldrake, NY 12759; Lic. No. 254192; Cal. No. 23922; Found guilty of professional misconduct; Penalty: Indefinite suspension until successfully complete drug abuse program and until fit to practice, upon termination of suspension, probation 2 years to commence if and when return to practice, $1,500 fine to be paid within 3 months.

Jahnn Hansen Gibson; Registered Professional Nurse; Johnstown, NY 12095; Lic. No. 398337; Cal. No. 24090; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation.

Jeffrey S. Zeller; Licensed Practical Nurse, Registered Professional Nurse; Victor, NY 14564; Lic. Nos. 180134, 491733; Cal. Nos. 24302, 24301; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $750 fine.

Ashaunti Bond; Licensed Practical Nurse; Brentwood, NY 11717; Lic. No. 258680; Cal. No. 24516; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Irina Marenova; Registered Professional Nurse; Brooklyn, NY 11235; Lic. No. 485989; Cal. No. 24541; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,000 fine.

Anne M. Rappaport a/k/a Anne Vacarro; Registered Professional Nurse, Nurse Practitioner; Staten Island, NY 10310; Lic. No. 300289, Cert. No. 331626; Cal. Nos. 24549, 24550; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice and until successful participation in course of therapy and treatment, as necessary, upon termination of suspension, 2 years probation to commence if and when return to practice, $500 fine payable within 30 days.

Cindy A. Morphet a/k/a Cindy A. Mosher; Licensed Practical Nurse, Registered Professional Nurse; North Myrtle Beach, SC 29582; Lic. Nos. 149155, 345582; Cal. Nos. 24579, 24580; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $500 fine.

Rosalind Mathews; Licensed Practical Nurse, Registered Professional Nurse; Bergenfield, NJ 07621; Lic. Nos. 126478, 335565; Cal. Nos. 24603, 23881; Application for consent order granted; Penalty agreed upon: 6 month actual suspension, 18 month stayed suspension, 2 years probation, $500 fine.

Ethel Nantona Garzon; Registered Professional Nurse; Westbury, NY 11590-6114; Lic. No. 566912; Cal. No. 24665; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $1,000 fine.

Jennifer A. Kohlmeyer; Licensed Practical Nurse; Coxsackie, NY 12051; Lic. No. 268449; Cal. No. 24708; Application for consent order granted; Penalty agreed upon: 2 month actual suspension, 22 month stayed suspension, 2 years probation, $500 fine.

Seidel R. Small; Licensed Practical Nurse; Brooklyn, NY 11236; Lic. No. 263181; Cal. No. 24772; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice, upon termination of suspension, 2 years probation to commence if and when return to practice.

Nancy A. Barclay; Registered Professional Nurse; Elmira, NY 14901; Lic. No. 284680; Cal. No. 24801; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Valerie Karen Ramsey Cummins; Registered Professional Nurse, Nurse Practitioner; Hagaman, NY 12086; Lic. No. 487777, Cert. No. 400911; Cal. Nos. 24805, 24804; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation, $500 fine.

Ellen D. Ramirez; Licensed Practical Nurse; Hornell, NY 14843; Lic. No. 131844, Cal. No. 24806; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Christina Lynn Jones; Licensed Practical Nurse; Elmira, NY 14904; Lic. No. 285797; Cal. No. 24857; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice, upon termination of suspension, 2 years probation to commence upon return to practice, $250 fine payable within 6 months.

Occupational Therapy

Deborah L. Wells; Argyle, NY 12809; Lic. No. 004520; Cal. No. 24446; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation, $1,000 fine.

Pharmacy

Scott Berliner; Monroe, NY 10950-1439; Lic. No. 030700; Cal. No. 24620; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $5,000 fine.

Life Science Pharmacy Inc. d/b/a Scott's Pharmacy/VetRx; Pharmacy; 144 Route 17M, Harriman, NY 10926; Reg. No. 025104; Cal. No. 24621; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $5,000 fine.

Rifat Razeq; West New York, NJ 07093-1910; Lic. No. 047735; Cal. No. 24683; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,000 fine.

Rite Aid of New York, Inc.; Pharmacy; 1510 St. Nicholas Avenue, New York, NY 10033; Reg. No. 024385; Cal. No. 24700; Application for consent order granted; Penalty agreed upon: $7,500 fine, 1 year probation.

Howard Levine; Oceanside, NY 11572; Lic. No. 032597; Cal. No. 24789; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,000 fine.

Physical Therapy

Oluwatoyin John Fadugba; Physical Therapist; Elmont, NY 11003; Lic. No. 017495; Cal. No. 24585; Application for consent order granted; Penalty agreed upon: 6 month actual suspension, 18 month stayed suspension, 2 years probation, $5,000 fine.

Charles William McGarvie; Physical Therapist; Bethel, CT 06801; Lic. No. 009215; Cal. No. 24776; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,500 fine.

Podiatry

Wayne Douglas Waldman; Little Neck, NY 11362; Lic. No. 005244; Cal. No. 24036; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Jerome Benjamin Leff; New York, NY 10038; Lic. No. 003415; Cal. No. 24161; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $10,000 fine.

Maiden Lane Podiatry, P.C.; 1 Maiden Lane, New York, NY 10038; Cal. No. 24162; Application for consent order granted; Penalty agreed upon: $10,000 fine payable within 2 months.

Public Accountancy

Dennis J. Hart; Certified Public Accountant; Utica, NY 13503-0477; Lic. No. 048232; Cal. No. 24680; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $5,000 fine.

Marilyn F. Pulaski; Certified Public Accountant; Woodside, NY 11373-7540; Lic. No. 041279; Cal. No. 24767; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $750 fine.