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Meeting of the Board of Regents | April 2003

Friday, April 4, 2003 - 11:00pm

 

THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

TO:

The Honorable the Members of the Board of Regents

FROM:

Johanna Duncan-Poitier

COMMITTEE:

Higher and Professional Education

TITLE OF ITEM:

Westchester Business Institute: Authorization of Degree-Granting Power to a New Owner following a Change in Ownership and Control

DATE OF SUBMISSION:

April 4, 2003

PROPOSED HANDLING:

Approval (Consent Agenda)

RATIONALE FOR ITEM:

Westchester Business Institute needs the Regents authorization to award degrees

STRATEGIC GOAL:

Goals 2 and 4

AUTHORIZATION(S):

SUMMARY:

Institutional Information. Westchester Business Institute, White Plains, is a proprietary college offering Associate in Occupational Studies (A.O.S.) and Associate in Applied Science (A.A.S.) degree programs in the disciplinary areas of business and the physical sciences, and related credit-bearing certificate programs. It has been authorized to award degrees since 1975. In 2001, a transfer of stock from one family member to another constituted a change in control of the Institute.

Statutory and Regulatory Provisions. �224(1)(b) of the Education Law and �3.46(b) of the Rules of the Board of Regents prohibit individuals, associations, partnerships, or corporations operating educational institutions on a for-profit basis and holding degree-granting powers conferred by the Regents from conveying, assigning, or transferring such degree powers through a change of ownership or control. Following a change of ownership or control, degree-granting authority reverts to the Board of Regents. This occurred following the transfer of ownership and control of Westchester Business Institute. �3.46(b) provides that, following a change of ownership and control, the Commissioner may continue the registration of the institution�s programs for a period not to exceed two years, during which it must demonstrate, to the satisfaction of the Commissioner, compliance with the laws, rules, and regulations applicable to degree-granting institutions.

 Staff Analysis. On October 27-30, 2002, the Commission on Higher Education of the Middle States Association of Colleges and Schools conducted a site visit to Westchester Business Institute to consider the Institute�s eligibility for initial accreditation. A Department staff member was a member of the site visit team. The team found that the Institute continues to provide the necessary financial resources to support academic programs that serve the students enrolled. The Institute identified as part of its Self-Study areas for improvement for which mechanisms are already in place to address and has agreed to provide progress reports on these areas. Based on this agreement the Department has determined that Westchester Business Institute meets the standards for registration of its curricula. Middle States has accredited the Institute.

Recommendation: I recommend that the Regents take the following action:

VOTED, That the Regents authorize Westchester Business Institute, effective April 29, 2003, to confer Associate in Occupational Studies (A.O.S.) and Associate in Applied Science (A.A.S.) degrees to duly qualified students successfully completing registered programs.