[node:field_meeting_type] | November 2004
TITLE OF ITEM:
Summary of the October 2004 Meeting
DATE OF SUBMISSION:
October 13, 2004
RATIONALE FOR ITEM:
Approval for Public Distribution of the Summary of the Monthly Meeting
Attached for approval is the Summary of the October 2004 Meeting of the Board of Regents.
Your review should focus on the summaries of discussions in Full Board. Motions adopted in Full Board were already approved as presented.
It is recommended that the Regents take the following action:
VOTED, that the Summary of the October 2004 Meeting of the Board of Regents of The University of the State of New York be approved.
SUMMARY OF THE OCTOBER MEETING
OF THE BOARD OF REGENTS
THE UNIVERSITY OF THE STATE OF NEW YORK
Held at the State Education Building
Albany, New York
Held in Brooklyn and on Staten Island, New York
October 4 and 5, 2004
David Johnson, Secretary
Board of Regents
THE BOARD OF REGENTS
The Board of Regents of The University of the State of New York held a public session on Tuesday, October 5, 12:30 p.m. pursuant to a call duly sent to each Regent.
MEETING OF THE FULL BOARD, Tuesday, October 5
Board Members in Attendance:
Robert M. Bennett, Chancellor
Adelaide L. Sanford, Vice Chancellor
Saul B. Cohen
Merryl H. Tisch
Geraldine D. Chapey
Arnold B. Gardner
Harry Phillips, 3rd
Joseph E. Bowman, Jr.
James R. Tallon, Jr.
Milton L. Cofield
Also present were the President of The University and Commissioner of Education, Richard P. Mills, the Counsel and Deputy Commissioner for Legal Affairs, Kathy A. Ahearn, and the Secretary, Board of Regents, David Johnson. Regents James C. Dawson, Anthony S. Bottar and John Brademas were absent and excused.
Chancellor Bennett called the meeting to order at 12:30 p.m.
CONSENT AGENDA ITEM
Summary Recommendations with Respect to Charter Applications
BR (CA) 1
that each application be approved in accordance with the recommendations contained in the respective summaries.
Regent Diane McGivern
Regent Joseph E. Bowman, Jr.
Motion carried unanimously
Summary of the September 2004 Meeting
BR (A) 1
that the Summary of the September 2004 Meeting of the Board of Regents of The University of the State of New York be approved.
Regent Harry Phillips, 3rd
Regent Arnold B. Gardner
Motion carried unanimously
State Education Department September 2004 Fiscal Report
BR (A) 2
The Board received the September 2004 Fiscal Report for review and acceptance. Also included was the September Variance Report with adjustments reflecting new Federal IDEA fund allocations for Federal fiscal year 2004-2005 and an adjustment reflecting the elimination of the pre-existing deficit in the Records Management Account.
General fund and Federal accounts are in structural balance. All revenue accounts are in balance, allowing for normal reimbursement delays and the planned use of prior year balances.
Moved, that the Board of Regents accept the September 2004 State Education Department Fiscal Report as presented.
Regent Diane McGivern
Regent Milton L. Cofield
Motion carried unanimously
Commissioner�s Report to the Board of Regents
The Commissioner�s written monthly report focused on seven subject areas: Cultural Institutions and Schools; Development of Regents Proposal on School Aid for 2005-06; Regents 2005 Priority Legislative Proposals; Charter School Critical Issues; Recommendations on Improving Performance of English Language Learners; Regents Oversight of Assessment-GED; and, Conversation with Chancellor Joel Klein.
Summaries of Preliminary Regents Priority Legislative Proposals 2005
BR (D) 1
The Board reviewed a listing of recommended proposals for Regents priority legislation for 2005. The list includes two new proposals: providing additional clarity and flexibility for charter school authorizers and allowing charter schools to access services available to other public schools; and, amending State law to conform with No Child Left Behind federal requirements. Eight additional proposals are carried over from 2004 and have been modified as necessary. There are also two placeholders pending Congressional action.
The Board will take action on its Regents Priority Legislative Program for 2005 at the November meeting.
Regents 2005-06 Proposal on State Aid to School Districts
BR (D) 2
The Board received an update on the proposed State Aid proposal for 2005-06. The item reviewed presented the concepts and rationale underlying the multi-year proposal for a new funding system based on a Foundation Aid for general instruction, first introduced last year.
Board Activities and Visitations
The Board convened its monthly meeting at Medgar Evers College with a meeting of the Elementary, Middle, Secondary and Continuing Education-Vocational and Educational Services for Individuals with Disabilities Committee. Following lunch, Board members visited four sets of schools and cultural institutions in Brooklyn: Urban Glass and the Brooklyn Academy of Music; MS 390 and the Brooklyn Museum of Art; Trey Whitfield School and the Brooklyn Museum of Art; and, Beginning with Children Charter School and Brooklyn Museum of Art. In the late afternoon the Board met with Chancellor Joel I. Klein, New York City Department of Education, for a discussion of education issues.
On the morning of October 5, Board members visited four sets of schools on Staten Island; Concord High School and PS 57; PS 20 and Port Richmond High School; PS 16 and McKee Vocational High School; and, PS 54 and St. Adalbert School.
The meeting concluded with a tour, luncheon and meeting of the Full Board at the Snug Harbor Cultural Center.
STANDING COMMITTEE REPORT
that the report from the Regents Standing Committee on Elementary, Middle, Secondary and Continuing Education/Vocational and Educational Services for Individuals with Disabilities be approved as submitted.
Regent Merryl H. Tisch
Regent Joseph E. Bowman, Jr.
Motion carried unanimously
REGENTS COMMITTEE ON ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION/VOCATIONAL AND EDUCATIONAL SERVICES FOR INDIVIDUALS WITH DISABILITIES
Your EMSC-VESID Committee held its scheduled meeting on October 4, 2004. Regents Bottar and Dawson were absent and excused.
No action items were recommended for approval by the Board of Regents.
MATTERS NOT REQUIRING BOARD ACTION
Instructional programming for students in programs leading to General Educational Development testing and issuance of a New York State high school equivalency diploma [EMSC-VESID (D) 3]
It was requested that the Department collect demographic data on the GED program by school district; monitor the GED program early in the process; include incarcerated youth in GED statistical analyses; and include GED information in discussions of assessment issues.
There was discussion regarding the apparent increase in GED participation. It was pointed out that while GED participation may have risen, the rise is proportionate to the school population. In addition, with the GED examination becoming more rigorous, GED centers need to prepare students better to take the examination.
Recommendations on improving the performance of English language learners [EMSC-VESID (D) 2]
Discussion focused on improving the achievement of English language learners (ELLs) as a key element in closing the gaps in student academic performance. The needs of ELLs should be part of the middle school reform discussion and other relevant initiatives. Also, there should be improved recruitment efforts for bilingual and ESL teachers; school districts should receive ELL assessment data in a timely manner for planning purposes; the causal factors of ELLs not meeting the State learning standards need to be identified; GED information should include ELL data; and the ELL dropout issue must be explored further.
The Department will develop a plan which provides more detail on the recommendations, including timelines for implementation. The Commissioner was requested to report to the full Board, on a regular basis, on ELL issues and concerns (similar to the reporting structure on Roosevelt UFSD). As a first step, the Commissioner will develop a timeframe for reporting to the Board.
It was requested that the Department present information to the Committee on the educational needs of Haitian children. In addition, the paper that was shared with the Regents on the language needs of children from the English-speaking Caribbean should be updated, as necessary, and discussed in Committee.
Charter schools critical issues [EMSC-VESID (D) 1 and Addendum]
The Department was looking for guidance from the Regents on the critical issues around charter schools and, as a result, the Department would develop a framework for decision-making.
Members of the Committee suggested that each charter school application should be reviewed on its own merits. However, it may helpful if charter school applicants were asked to respond to a series of standard questions as part of the application process. Also, it is important that charter schools applicants are able to address the needs of special populations.
NEW YORK STATE BOARD OF REGENTS
October 5, 2004
MUSEUM OF AMERICAN FINANCIAL HISTORY. An application having been made by and on behalf of the trustees of the Museum of American Financial History, for an amendment of its charter, it was
Voted, that the provisional charter of the Museum of American Financial History, located in the city, county and state of New York, which was granted by action of the Board of Regents under the corporate name �Friends of Financial History Foundation� on September 24, 1982; which provisional charter was extended by Regents action on September 26, 1986, amended by Regents action on July 28, 1989 to change the corporate name to �Museum of American Financial History�; further extended by Regents action on July 24, 1992 and amended on April 15, 1994 and, as so amended, made absolute be, and the same hereby is, amended to change the corporate name to �Museum of American Finance.�
SOCIETY FOR FRENCH AMERICAN CULTURAL SERVICES AND EDUCATIONAL AID. An application having been made by and on behalf of the trustees of the Society for French American Cultural Services and Educational Aid, for an amendment of its charter, it was
Voted, that the provisional charter of the Society for French American Cultural Services and Educational Aid, located in the city, county and state of New York, which was granted by action of the Board of Regents on June 24, 1955; which provisional charter was made absolute by Regents action on April 29, 1960 be, and the same hereby is, amended to change the corporate name to �FACE, French American Cultural Exchange.�
THE GEORGE AND REBECCA BARNES FOUNDATION
1. A provisional charter valid for a term of five years is granted incorporating Arlene H. Stewart, Barbara A. Watkins, Ann E. Ripich, Katherine C. Billingham, Judith E. Fitzgerald and their associates and successors as an education corporation under the corporate name of The George and Rebecca Barnes Foundation, located in Syracuse, county of Onondaga, state of New York.
2. The purposes for which such corporation is formed are to own, maintain, gather, preserve, advance and disseminate knowledge about the collections and the residence of George and Rebecca Barnes located at 930 James Street, Syracuse, New York, through educational seminars, tours and other programs highlighting the importance of this 1853 historic residence to the underground railroad and its place in the history of Central New York.
3. The persons named as incorporators shall constitute the first board of trustees. The board shall have power to adopt bylaws, including therein provisions fixing the method of election and the term of office of trustees, and shall have power by vote of two-thirds of all the members of the board of trustees to change the number of trustees to be not more than twenty-five nor less than five.
4. The names and post office addresses of the first trustees are as follows:
Arlene H. Stewart
1600 James Street
Syracuse, New York 13203
Barbara A. Watkins
5 Lowell Road
Liverpool, New York 13090
Ann E. Ripich
510 Maple Drive
Fayetteville, New York 13066
Katherine C. Billingham
1827 James Street
Syracuse, New York 13206
Judith E. Fitzgerald
106 Wellwood Drive
Fayetteville, New York 13066
5. The corporation hereby created shall be a nonstock corporation organized and operated exclusively for educational purposes, as defined in section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code), and no part of the net earnings or net income shall inure to the benefit of any member, trustee, director or officer of the corporation, or any private individual (except that reasonable compensation may be paid for services rendered to or for the corporation), and no member, trustee, director or officer of the corporation, or any private individual, shall be entitled to share in the distribution of any of the corporate assets upon dissolution of the corporation.
6. Notwithstanding any other provision of these articles the corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code) or (b) by a corporation, contributions to which are deductible under section 170(c)(2) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code).
7. No substantial part of the activities of the corporation shall be devoted to carrying on propaganda, or otherwise attempting to influence legislation, (except to the extent authorized by Internal Revenue Code section 501(h) as amended, or the corresponding provision of any future Federal tax code, during any fiscal year or years in which the corporation has chosen to utilize the benefits authorized by the statutory provision) and the corporation shall not participate in or intervene (including the publishing or distribution of statements) in any political campaign on behalf of or in opposition to any candidate for public office.
8. Upon dissolution of the corporation, the board of trustees shall, after paying or making provision for the payment of all the liabilities of the corporation, dispose of the remaining assets of the corporation exclusively for one or more exempt purposes, within the meaning of section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code), or shall distribute the same to the Federal government, or to a state or local government, for a public purpose. Any such assets not so disposed of shall be disposed of by order of the Supreme Court of the State of New York in the judicial district where the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations, organized and operated exclusively for such purposes, as said Court shall determine.
9. The institution of the proposed corporation shall be maintained at 930 James Street, Syracuse, New York 13203.
10. The Commissioner of Education is designated as the representative of the corporation upon whom process in any action or proceeding against it may be served.
11. Such provisional charter will be made absolute if, within five years after the date when this charter is granted, the corporation shall acquire resources and equipment which are available for its use and support and which are sufficient and suitable for its chartered purposes in the judgment of the Regents of the University, and shall be maintaining an institution of educational usefulness and character satisfactory to the Regents. Prior to the expiration of said five-year period, an application for the extension of such provisional charter or for an absolute charter will be entertained by the Regents, but in the event that such application is not made, then at the expiration of said term of five years, and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.