Meeting of the Board of Regents | November 2008

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

 

TO:
FROM:	Anthony Lofrumento
SUBJECT:	Summary of the October 2008 Meeting
DATE:	October 29, 2008
STRATEGIC GOAL:	Goal #4
AUTHORIZATION(S):

Executive Summary

 

Issue for Decision

 

              Review of the Summary of the October 2008 Meeting of the Board of Regents.

 

Proposed Handling

 

              Approval of the Summary of the October 2008 meeting.

 

Procedural History

 

              This document summarizes the actions of the Board of Regents during the monthly meeting and is brought before the Board the following month for approval.

 

Recommendation

 

              Approval of the Summary of the October 2008 meeting.

 

Timetable for Implementation

 

              Effective November 18, 2008.

 

VOTED, that the Summary of the October 2008 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

 

                                                    OF

 

                  THE UNIVERSITY OF THE STATE OF NEW YORK

 

 

 

 

 

 

 

                          Held at the State Education Building

Albany, New York

 

 

                                   October 20 and 21, 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, October 20 at 10:15 a.m. and Tuesday, October 21 at 12:05 pm. pursuant to a call duly sent to each Regent.

 

MEETING OF THE FULL BOARD, Monday, October 20, 10:15 a.m.

 

Board Members in Attendance:

 

Robert M. Bennett, Chancellor

Saul B. Cohen

James C. Dawson

Anthony S. Bottar

Geraldine D. Chapey

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, David Johnson.  Vice Chancellor Merryl H. Tisch and Regents Arnold B. Gardner, and Karen Brooks Hopkins were absent and excused.

 

              Chancellor Robert M. Bennett called the meeting to order at 10:15 a.m.

 

ACTION ITEM

 

Executive Session Motion

 

              MOVED, that the Board of Regents convene in Executive Session on Tuesday, October 21 at 7:45 a.m. for the purpose of discussing pending litigation and personnel matters.

 

Motion by:                    Regent Saul B. Cohen           

              Seconded by:           Regent Geraldine D. Chapey

              Action:                          Motion carried unanimously 

 

 

ACTION ITEMS

.

Charter Applications for October 2008

BR (A) 1

 

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

 

Motion by:                    Regent Anthony S. Bottar

              Seconded by:           Regent Joseph E. Bowman, Jr.

              Action:                          Motion carried unanimously 

 

Summary of the September 2008 Meeting

BR (A) 2

 

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

 

Motion by:                    Regent Geraldine D. Chapey

              Seconded by:           Regent Harry Phillips, 3rd

              Action:                          Motion carried unanimously

                             

 

DISCUSSION ITEMS

 

Proposed Regents 2009 State and Federal Legislative Priorities

BR (D) 2

The Board discussed the implementation of Regents 2009-10 state budget proposal.  Discussed also was that each committee would review its respective proposals and direct staff to make necessary changes, deletions and additions in light of the state’s fiscal situation, considering impacts of programs with state dollars matched by federal dollars and existing priorities and initiatives.

 

2009-2010 Budget Development Process

BR (D) 3

 

              The Board discussed the implementation of Regents 2009-10 state and federal legislative proposals.  Discussed also was that each committee would review its respective proposals and direct staff to make necessary changes, deletions and additions.

 

 

 

 

 

MEETING OF THE FULL BOARD, Tuesday, October 21, 12:05 p.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

Harry Phillips, 3rd 

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, David Johnson.  Regents Arnold B. Gardner, Joseph E. Bowman, Jr. and Karen Brooks Hopkins were absent and excused.

 

 

              Chancellor Robert M. Bennett called the meeting to order at 12:05 p.m.

 

ACTION ITEMS

 

 

State Education Department September 2008 Fiscal Report

BR (A) 3

                           

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

 

              Motion by:                    Regent Harry Phillips, 3rd

              Seconded by:           Regent Geraldine D. Chapey

              Action:                          Motion carried unanimously

 

 

Appointment to the Position of Executive Secretary to the State Board for Chiropractic and the State Board for Respiratory Therapy

BR (A) 4

 

                           

             

MOVED, that the Board of Regents approve the appointment of  Douglas E. Lentivech as Executive Secretary to the State Board for Chiropractic and Executive Secretary to the State Board for Respiratory Therapy.

 

              Motion by:                    Regent Geraldine D. Chapey

              Seconded by:           Regent Saul B. Cohen

              Action:                          Motion carried unanimously

 

Appointment of Alan Ray as Assistant Commissioner for Policy, P-16

BR (A) 5

                           

              MOVED, that the Board of Regents approve the appointment of Alan Ray to the position of Associate Commissioner for Policy, P-16 retroactive to September 27, 2007.

 

              Motion by:                    Regent Milton L. Cofield

              Seconded by:           Regent James C. Dawson

              Action:                          Motion carried unanimously

 

Appointment of Secretary to the Board of Regents

BR (A) 6

                           

              MOVED, that the Board of Regents approve the appointment of Anthony Lofrumento as Secretary to the Board of Regents, effective November 13, 2008.

 

              Motion by:                    Regent James C. Dawson

              Seconded by:           Regent Geraldine D. Chapey

              Action:                          Motion carried unanimously

 

Appointment to the Position of Assistant Commissioner for Libraries and NYS Librarian

BR (A) 7

                           

              MOVED, that the Board of Regents approve the appointment of Bernard A. Margolis to the position of Assistant Commissioner for Libraries and New York State Librarian.

 

              Motion by:                    Regent Roger B. Tilles

              Seconded by:           Regent James R. Tallon, Jr.

              Action:                          Motion carried unanimously

 

 

DISCUSSION ITEM

 

Proposed Amendment of Parts 275 and 276 and 100.2(y) of the Regulations of the Commissioner of Education Relating to Education Law 310 Appeals to the Commissioner of Education

BR (D) 1

 

              The proposed amendment was outlined by Erin M. O’Grady-Parent, Deputy Counsel, including the regulations governing the practice in 310 appeals that are found in parts 275 and 276 of the Commissioner’s Regulations.  The proposed amendment is necessary to enact technical changes to clarify, update and otherwise conform the regulations to established practice.  The proposed amendment will be submitted for action at the November Regents meeting.

 

INFORMATION ITEMS

 

Commissioner’s Summary

Oral

 

              Commissioner Richard P. Mills summarized the meeting, including significant actions and policy discussions by the Standing Committees.   The Commissioner’s summary included the Audit committee’s work to close in on key policy decisions, the State Aid committee’s work on the presentation of foundation formula aid, presentations that defined the growth model and differentiated accountability, the importance of the appointment of the New York State Librarian, P-16 work on balancing priorities and expectations, and the framework of the Board’s legislative priorities.

 

STANDING COMMITTEE REPORTS

 

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

 

              Motion by:                    Regent Geraldine D. Chapey           

              Seconded by:           Regent James C. Dawson

              Action:                          Motion carried unanimously

 

 

 

 

 

 

REGENTS COMMITTEE ON ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

 

Your EMSC Committee held its scheduled meeting on October 20, 2008.  All Committee members were present.

ACTION ITEMS

 

Submission of a Differentiated Accountability Model to the United States Department of Education

 

                Your Committee discussed and approved the conceptual differentiated accountability proposal that was submitted to USED in time to meet the USED deadline.  If USED approves this proposal, New York will be able to revise the manner in which schools and districts are categorized under NCLB as well as develop modified consequences and supports for schools and districts identified for improvement.  The Regents asked that staff strengthen the proposal to reflect elements discussed during the Committee meeting including emphasis on district accountability.   [EMSC (A) 3]

 

Proposed Interim Growth Model for Title I Accountability

              The Committee discussed the input on the draft Growth Model proposal from the six public forums in September and October.  Staff made recommendations for changes to the proposal as a result of the input from those forums and the Committee endorsed those changes.  The Committee discussed the positive comments received at the forums and the significant endorsement by the field of the direction in which the Board of Regents and the Department are heading.  It was also pointed out that additional resources will be needed to implement the Growth Model.  Staff will compile the results of all the surveys and comments received at the forums and provide this information to the Regents offline.  In addition, as the Regents requested, over the next several months, a second tier to the model to measure growth of students who are already proficient will be developed. Your Committee unanimously recommends that the Board of Regents approve the final proposed growth model for submission to the United States Education Department, as required by Chapter 57 of the Laws of 2007.   [EMSC (A) 2]

       

Charter Schools

 

Your Committee recommends that the Board of Regents approves the revisions to the initial charter of the Western New York Maritime Charter School, and the provisional charter is amended accordingly.   [EMSC (A) 1]

 

 

 

 

Consent Agenda

 

              Your Committee recommends that the Board of Regents hereby give consent to the issuance of bonds and/or bond anticipation notes by the Board of Education of the Hornell City School District in an amount not to exceed $52,700,000 for capital improvements consisting of additions to, and reconstruction of school buildings and facilities throughout the district and the issuance of such bonds and/or bond anticipation notes in excess of the constitutional debt limit of said school district.  [EMSC (CA) 1]

 

              Your Committee recommends that the Board of Regents hereby gives consent to the issuance of bonds and/or bond anticipation notes by the Board of Education of the Cohoes City School District in an amount not to exceed $22,500,000 to reconstruct, renovate, and construct additions and improvements to various district buildings and sites and the issuance of such bonds and/or bond anticipation notes in excess of the constitutional debt limit of said school district.  [EMSC (CA) 2]

 

Your Committee recommends that seven schools listed above be substituted for the seven schools that closed and therefore receive the same variance that the Regents approved in June 2008. Those schools are: Community School for Social Justice, Essex Street Academy, Facing History School, Gotham Professional Arts Academy, James Baldwin School, New Day Academy, and the Brooklyn School for Collaborative Studies. The variance would allow the schools to use portfolio assessments in place of the Regents Exams in mathematics, social studies, and science for a five-year period, through the 2013-2014 school year. The schools would still be required to take the Regents Exam in English. Additionally, general education students who entered ninth grade in fall 2008 in the schools listed above would also be required to pass the Regents Exam in English at a score of 65, as is true in the rest of the state.  [EMSC (CA) 3]

 

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 October 20, 2008, copies of which have been distributed to each Regent.

 

MATTERS NOT REQUIRING BOARD ACTION

 

Proposed Amendment to the Regulations of the Commissioner Relating to the Excelsior Scholars Program – The Committee discussed a proposed amendment to the Excelsior Scholars Program for grade seven mathematics and science students.  These grants are awarded on a competitive basis to public and independent colleges and universities to conduct summer programs providing advanced coursework in mathematics and science to students designated as Excelsior Scholars.  The proposed amendment clarifies procedures for the nomination of eligible students by school district superintendents.  Subdivision (c) of section 100.14 provides that the superintendent may nominate up to 10 percent of a school's eligible grade seven students to participate in the programs.  This amendment will clarify the nominating process to provide that in instances where a school district has fewer than 10 eligible students, the superintendent may nominate one such student.  The Committee reached consensus on the intent of the proposed amendment.  It will be submitted to the Regents in November for final approval.   [EMSC (D) 1]

 

Impact of Attrition and Budget Cuts on P-16 Capacity – The Committee discussed the impact of the 10.35 percent cut in both state operations and special revenue funds, a hard hiring freeze and the loss of several key staff on capacity in P-16 to successfully meet our goals.  This discussion was held at both the EMSC and the Higher Education Committee meetings and gave both committees a fuller picture of current staff capacity (including 42 positions available to fill and expectations for more losses through retirement), what we have as priorities and what we are doing to address capacity issues for now and in the near future.  Any additional cuts to state operations will further impact staffing and core programs.  Members of the Committee suggested that further discussion is needed on how Department staffing aligns with the Regents priorities and where funding is fungible.  [EMSC (D) 2]

 

Proposed Regents 2009 State and Federal Legislative Priorities – The Committee discussed the proposals that the Regents will consider for inclusion in their 2009-10 legislative priorities.   The Committee discussed the possible inclusion of the District Superintendent salary cap issue as a separate item.  Members of the Committee would like to examine this further and will come back in November with a recommendation on whether it should be put into this legislative priority package as a separate item or as a part of the BOCES reform initiative.  [BR (D) 2]

 

 

REGENTS COMMITTEE ON VOCATIONAL AND EDUCATIONAL SERVICES FOR INDIVIDUALS WITH DISABILITIES

 

Your VESID Committee held its scheduled meeting on October 20, 2008.   All

members were present with the exception of Regent Gardner, who was excused. Regent Young also attended.                                      

 

MATTERS NOT REQUIRING BOARD ACTION

             

              Deputy Commissioner Cort updated the Committee on a recent OSEP visit.

 

              Deputy Commissioner Cort discussed the Regents legislative priorities for VESID as well as the Regents 2009-10 budget proposals for VESID.

 

              Staff had a preliminary discussion with the Committee about regulations proposed to be developed that relate to program standards for education programs for school age students and preschool students with disabilities being educated in private schools.  The Committee endorsed staff moving ahead in developing these regulations.  (VESID (D) 1)

 

              Staff provided information on the new Unified Contract Services (UCS), a component of the overall Designing Our Future initiative that relates to the method by which VESID purchases disability-related services for persons with disabilities. (VESID (D) 2)

 

MATTERS REQUIRING BOARD ACTION

 

The Committee voted to approve a proposed amendment to the Regulations of the Commissioner of Education relating to the use of the State’s Forms for individualized education programs, meeting notice and prior written notice, 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 immediately extend, from January 1, 2009 to September 1, 2009, the initial effective date for required use of State forms for IEPs, meeting notice and prior written notice (notice of recommendation) and thereby provide sufficient time for the Department to field check proposed forms and provide professional development on the new forms, and to require use of the new forms at the beginning of the 2009-10 school year and thereby avoid any risk of potential disruptions to a districts policies, procedures and practices that might result if this requirement were to be made effective in the middle of the 2008-09 school year.   (Regent Rosa was absent for the vote.) (VESID (A) 1)

 

The Committee voted to approve a proposed addition to the Regulations of the Commissioner of Education which prescribes a dispute resolution mechanism regarding claims for reimbursement of costs for special education provided to a nonresident student with a disability who is parentally placed in a nonpublic school located in a school district other than the school district in which the student legally resides.  (Regent Rosa was absent for the vote.)  (VESID (A) 2)

 

 

                                 REGENTS COMMITTEE ON HIGHER EDUCATION

 

Your Higher Education Committee held its scheduled meeting on October 21, 2008.   All members were present with the exception of Regent Gardner, who was excused..

 

Action Items

 

Consent Agenda

 

              Your Committee recommends that the Regents approve the changes in the lists of designated physician shortage areas described in Attachment 1 of the item with an effective date of January 1, 2009.  [HE (CA) 1]

 

Your Committee recommends that the Board of Regents approve the following appointments to the State Professional Standards and Practices Board for Teaching: April D. McKoy (school administrator) to a four-year term beginning October 21, 2008 and ending June 30, 2012; and Diane L. Rowe (public) to an unexpired term beginning October 21, 2008 and ending June 30, 2010.    [HE (CA) 2]

 

Your Committee recommends that the Board of Regents repeal section 80-5.5 and add a new section 80-5.5 to the Regulations of the Commissioner of Education relating to the employment of retired persons in public school districts, boards of cooperative educational services (BOCES) and county vocational education and extension boards as submitted, effective November 13, 2008.   [HE (CA) 3]

 

Your Committee recommends that the Board of Regents amend section 150.4 of the Regulations of the Commissioner of Education relating to state aid awards for high needs nursing programs at certain independent colleges and universities, as submitted, effective November 13, 2008.  [HE (CA) 4]

 

Your Committee recommends that the Board of Regents authorize Laboratory Institute of Merchandising to award the Master of Business Administration (M.B.A.) degree and approve a master plan amendment authorizing LIM to offer a Master of Business Administration (M.B.A.) program in Fashion Management and Entrepreneurship.  This item was amended to reflect the tuition per semester at LIM to be $9,650, not $19,000 as stated in the item.  This amendment will be effective until October 31, 2009, unless the program is registered by the Department prior to that date, in which case master plan amendment shall be without term.  [HE (CA) 5]

 

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 October 21, 2008, copies of which have been distributed to each Regent.

 

                                      MATTERS NOT REQUIRING BOARD ACTION

 

Proposal to Address Statewide Shortages of Teachers of Languages Other Than English (LOTE) – The Committee discussed the certification requirements for teachers of languages other than English (LOTE).  Teacher supply and demand data has shown that in school years 2005-06 and 2006-07, there were severe shortages of LOTE teachers in every region of the state.  The Committee discussed the recommendation that candidates who have an acceptable level of language proficiency and cross-cultural competency be permitted to take two rigorous, internationally recognized examinations and, upon achieving a score of Intermediate High/Advanced Low on each, be permitted to use this in lieu of up to 30 semester hours of the content hours required for certification, while keeping all other certification requirements the same.  This would include the satisfactory completion of the New York State Teacher Certification Examination’s Content Specialty Test (CST) in the target language.  The Committee endorsed the recommendation for flexibility by providing alternative ways to allow prospective teachers of languages other than English to meet certification requirements without compromising teacher quality.   [HE (D) 1]

 

Impact of Attrition and Budget Cuts on P-16 Capacity – The Committee discussed the impact of the 10.35 percent cut in both state operations and special revenue funds, a hard hiring freeze and the loss of several key staff on capacity in P-16 to successfully meet our goals.  This discussion was held at both the EMSC and the Higher Education Committee meetings and gave both committees a fuller picture of current staff capacity (including 42 positions available to fill and expectations for more losses through retirement), what we have as priorities and what we are doing to address capacity issues for now and in the near future.  Any additional cuts to state operations will further impact staffing and core programs.  [HE (D) 2]

 

Student Lending Accountability, Transparency and Enforcement Act (SLATE) – Your Committee received an update on the implementation of SLATE (Student Lending, Accountability, Transparency and Enforcement Act). Within that report, staff provided a comparison between the provisions of SLATE and the provisions of the newly enacted federal Higher Education Opportunity Act, noting many areas of similarity. The Senior Deputy Commissioner and Counsel will be meeting with the Attorney General's staff later this month, to explore possible options given the absence of funding to implement SLATE and the comparability between the State and federal statutes regarding student lending.

 

Proposed Regents 2009 State and Federal Legislative Priorities – The Committee discussed the proposals that the Regents will consider for inclusion in their 2009-10 legislative priorities.   A suggestion was made to look further into the section 211 waiver legislation passed earlier this year and see if there are ways to help school districts hire the leadership and teachers they need.  [BR (D) 2]

 

                                                                               

REGENTS COMMITTEE ON PROFESSIONAL PRACTICE

 

Your Professional Practice Committee held its scheduled meeting on October 21, 2008.  All Committee members were present, except Vice Chancellor Merryl H. Tisch and Regent Arnold B. Gardner, 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 8 cases.  In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 41 consent order applications and 1 surrender application be granted.  [PPC EXS (A) 1-3]

 

              In the case of Dawn M. Fields, Licensed Practical Nurse, Calendar No. 22846, we recommend that the recommendation of the Regents Review Committee as to the determination of the hearing panel be clarified and that the determination as to guilt rendered by the hearing panel be accepted, except that the determination of the hearing panel not be accepted solely to the extent that, in the first full paragraph of page 6 of the report of the hearing panel, the entire second and third sentences (“We understand that the respondent’s failure to act under the circumstances could reflect a judgment as to the patient’s condition that could only be made by a physician.  She made a decision not to resuscitate the patient.”) as well as the first word of the fourth sentence therein (“However,”) each be deleted and the fourth sentence therein read “We do not believe that the respondent, by not taking certain actions, was practicing medicine.”

 

              These recommendations are made following the review of 50 cases involving 11 registered professional nurses, seven licensed practical nurse, seven licensed practical nurses who are also registered professional nurses, four dentists, three licensed clinical social workers, two chiropractors, two massage therapists, two pharmacies, one dental professional corporation, one licensed master social worker, one pharmacist, one physical therapist, and one professional engineer.

 

Restoration Petition

 

The Committee’s recommendation is that the Board of Regents deny the petition for the restoration application of the licensed practical nurse of Maxine E. Mears-Clarke. [PPC EXS (A) 4]  

 

Consent Agenda Items

 

              Your Committee recommends that the Board of Regents approve the recommendations of the Committee on the Professions regarding licensing petitions.  [PPC (CA) 1]

 

              Your Committee recommends that the Board of the Regents approve the appointments and reappointments of members to the State boards for the professions; and appointment of an extended member to the State boards for the professions for service on licensure disciplinary and/or licensure restoration and moral character panels.  (Please note:  the three appointments to the State Board for Social Work are new appointments – not reappointments)  [PPC (CA) 2] 

 

                                           MOTION FOR ACTION BY FULL BOARD

 

              Mr. 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 October 21, 2008, 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 – This was an oral report updating the Committee on recent events and activities of the Office of the Professions, including:
• • a proposal to include in the Governor’s budget an increase in the fees related to professional licensing, based on a review of the Office of the Professions budget and emphasizing the importance of technology initiatives within the Office of the Professions;
  • the status of efforts to address through legislation professional practice issues relating to 4410 programs (preschool special education);
  • the status of legislative efforts related to the scope of practice of public accountancy and related issues; and
  • upcoming emergency regulations to implement legislation authorizing pharmacists to administer certain immunizations.

 

• Public Accountancy Education and Examination Regulations – This item discussed proposed regulations relating to the education and examination requirements for licensure and would update and expand the curricular content for licensure qualifying registered programs in public accountancy to reflect the current educational model.  This would provide greater flexibility to colleges and universities seeking to adapt their programs to a changing professional practice environment.  The proposed amendment would also allow students to be admitted into the licensing examination after completing 120 semester hours while maintaining the professional study requirements already established. This will be important when the professional study requirement is increased from 120 hours to 150 hours, effective August 1, 2009.  [PPC (D) 1]

 

 

REGENTS COMMITTEE ON CULTURAL EDUCATION

 

Your Committee on Cultural Education had its scheduled meeting on October 21, 2008.  In attendance were: Regents Dawson, Bowman, Phillips, and Tilles.  Absent were Regents Brooks Hopkins and Gardner.

 

ITEMS FOR DISCUSSION

 

Chairs’ Remarks: Regent Dawson greeted everyone and opened the meeting with a brief report.  In addition, Regent Dawson spoke briefly regarding the Cultural Education Trust Board, and its oversight of the Museum Gallery Renewal and Stewardship Collections Facility.  A third meeting of this board has been scheduled for October 28, 2008.

 

Deputy’s Report: Deputy Commissioner Jeffrey Cannell greeted everyone and briefly referenced the Deputy’s Report that was recently sent electronically to Board members regarding events and activities in OCE.  Copies of this report were also provided for meeting attendees.

 

(CET (D) 1 Report on Office of Cultural Education Finances (Item moved from CE Trusteeship Committee meeting)  Deputy Commissioner Cannell presented Cultural Education’s budget report and legislative priorities for 2009-2010.  Handouts regarding background and issues were provided.

 

CE (D) 1           Proposed Amendments to Commissioner's Regulations, Section 90.7- Certificates for Librarians in Registered Public, Free Association and Indian Libraries

Deputy Commissioner Cannell introduced Carol Desch, Coordinator of Statewide Library Services and Director of the Division of Library Development, who presented on the above item and provided some background information from the July 2008 CE Committee meeting at which a presentation was given by the leadership of the New York Library Association.  After that presentation in July, the Regents directed the State Library to move forward with proposed amendments to the Commissioner’s Regulations, Section 90.7 Certificates for librarians in registered free, public, and Indian libraries.  Ms. Desch began her presentation that the proposed amendment presented today, is consistent with NYLA’s proposal, and will require ongoing professional development for new public librarians throughout their careers.  Beginning in January 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.  This amendment is an important step towards implementing Regents statewide policy for libraries as outlined in the report of the Regents Commission on Libraries and would strengthened the public librarian certification process to promote excellence in New York’s library workforce.

 

Ms. Desch gave examples of acceptable professional development activities/programs and providers - all of which would need approval by the employer or the State Library.  Ms. Desch spoke about what the estimated costs to individual public librarian certificate holders might be over each five-year period.  And, emphasized that those costs could vary greatly depending on the individual’s selection of professional development provider; whether an individual takes advantage of free continuing education provided by the library systems and the State Library or if he/she chooses to pursue an advanced degree from an accredited institution of higher education. 

 

The public comment period for this item ends on November 17, 2008 with no comments being received to date.  The State Library will continue to be responsible for administering the public librarian certification program, implementing the new requirements and monitoring compliance.  If the Regents approve this amendment to Section 90.7 at the December meeting, the State Library and the New York Library Association have agreed to work together with the library systems to inform the graduate schools of library and information science and the public library community about the new certification requirements, to publicize low cost and no cost professional development activities and to promote the importance of ongoing professional development for all librarians.

 

A Question and Answer period followed and was recommended for approval in December.

 

CE (D) 2     Proposed Amendments to Commissioner's Regulations, Section 90.18, School Library Systems

Carol Desch introduced the next presenter, Joseph Mattie, Library Development Specialist II.  The proposed amendments to this regulation 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.  School library systems are state-established and state-funded programs located in the BOCES and the Big Five Cities that provide coordinated and cost effective library services to school libraries.  Eligible members include school districts and nonpublic schools.  There are currently 41 school library systems in New York State.  Mr. Mattie continued his presentation stating the proposed amendments to CR 90.18 will:

 

Recommended for approval.

 

CE (D) 4     Annual Report on Public TV's Educational Services for the Current Year

(Copies of this report were provided to Board members prior to the meeting for their review.)

Deputy Commissioner Cannell introduced Liz Hood, Director of the Office of Educational Television & Public Broadcasting.  Ms. Hood, presented on the educational services provided by New York’s public television stations during the 2007-08 school year. It was noted that the stations spent about five times the amount required under the statute on these services.

 

In addition, the stations’ online collection of instructional video resources was used by about 76% of teachers in the state, and that the stations had reached more than 22,000 individuals with early childhood literacy workshops and professional development sessions for teachers.

 

The services provided include early childhood literacy programming, parent and caregiver education, classroom resources, educational television programs, online multimedia, professional development events and online courses, adult education programs, and a broad range of community events for all ages.

 

 

REGENTS SUBCOMMITTEE ON AUDITS

 

Your Regents Subcommittee on Audits met yesterday morning.

 

The Members of the Subcommittee were briefed on the status of Department and District actions regarding the financial condition of the Wyandanch Union Free School. District officials indicated they ended the 2007-08 school year with a $2.5 million deficit. In addition, the District’s 2008-09 budget contains a $1.5 million revenue shortfall. The District and Department staffs have been working closely together to address these issues. Department staff met with the interim Superintendent, other District officials, and two Board members to emphasize the Board’s responsibility to balance the 2008-09 budget and address any current deficit. The District has made significant cuts and is continuing to examine other possible reductions. The Department has told Wyandanch officials they would be supportive of any effort of the District to secure deficit financing to address the overall fiscal condition. In addition, the Department has identified staff to assist the District in efforts to enhance revenue or reduce costs. The Department is monitoring the District’s financial condition by reviewing monthly fiscal reports. The District’s financial statements will soon be finalized and the Department will have more specific information on the prior year deficit. The Subcommittee will receive a final report on the District’s fiscal condition at the next Subcommittee meeting.

 

We were presented with 15 audit summaries this month.  The audits were of 11 school districts, 1 BOCES, 1 preschool special education provider, and 2 of Department operated programs.  These audits involved findings related to procurement, information technology, payroll, claims processing, cash, financial reporting, segregation of duties, extraclassroom activity fund, budgeting, conflict of interest, fingerprinting, administration of the Higher Education Opportunity Program (HEOP) and  a follow-up on Security of Regents Examinations.   Audit staff will follow-up with these districts, BOCES, and preschool to identify any possible future actions.  The Department will provide a 90-day update on the status of the recommendations contained in the HEOP program.

 

The Internal Audit Workgroup, which is comprised of Deputy Commissioners’ Ahearn and Savo, Coordinator Charles Szuberla, Deputy Counsel Erin O’Grady-Parent, Audit Director James Conway, and other staff from the Offices of Management Services and Audit, reviewed all audit summaries. Based on the significance of the findings, the group highlighted eight of the audits: five school district audits, one BOCES audit and the two audits of Department operated programs for further review and follow-up.

 

Staff presented information on another audit trend that has been identified through the audits of school districts.  The audit trend was related to conflict of interests in Board members and school district officials.  Audit findings related to conflicts of interest have been found in 18 of the 407 audits that have been presented to the Subcommittee.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix I

NEW YORK
STATE BOARD OF REGENTS CHARTER ACTIONS

 

CULTURAL EDUCATION

 

 

AMENDMENT OF CHARTERS

 

ALLEN’S HILLS FREE LIBRARY

Allen’s Hills, Ontario County

 

A provisional charter was granted to this corporation by action of the Board of Regents on February 28, 1895 to operate a library.  Such provisional charter was extended by Regents action on April 18, 1941, December 20, 1946, June 29, 1951, September 28, 1956, January 25, 1962, January 26, 1967 and was made absolute by Regents action on June 29, 1973.   The board of trustees has applied for an amendment to the absolute charter to change the number of trustees to be not less than five nor more than fifteen, to designate the service area of the library to be the census blocks numbered 360690520001000, 360690520001001, 360690520001005, 360690520001006, 360690520001007, 360690520001008, 360690520001009, 360690520001014, 360690520002001, 360690520002002, 360690520002003, 360690520002004, 360690520002005, 360690520002006, 360690520002007, 360690520002008, 360690520002009, 360690520002010, 360690520002011, 360690520002012, 360690520002016, 360690520002017, 360690520002018 according to census 2000 for a total population of 318 persons, to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3), and to designate the Commissioner of Education as the agent of the corporation for the purpose of service of process.  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

 

CAMDEN
LIBRARY ASSOCIATION

Camden
, Oneida County

 

A provisional charter was granted to this corporation by action of the Board of Regents on July 7, 1891 to operate an association library.  Such provisional charter was made absolute by Regents action on June 24, 1896.  The board of trustees has applied for an amendment to the absolute charter to designate the service area to be the Village of Camden, 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.

 

FRANKFORT
FREE LIBRARY

Frankfort
, Herkimer County

 

A provisional charter was granted to this corporation by action of the Board of Regents on December 20, 1900 to operate a library.  Such provisional charter was made absolute by Regents action on December 14, 1905.  The board of trustees has applied for an amendment to the absolute charter to designate the service area to be the Village of Frankfort, 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.

 

HONEOYE PUBLIC LIBRARY

Honeoye
, Ontario
County

 

A provisional charter was granted to this corporation by action of the Board of Regents on June 29, 1903 to operate a library.  Such provisional charter was made absolute by Regents action on May 2, 1912 and was amended on September 13, 2002.  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.  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

 

IRONDEQUOIT
PUBLIC LIBRARY

Irondequoit
, Monroe 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 April 23, 1965.  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, 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.

 

NEW WOODSTOCK FREE LIBRARY

New Woodstock, Madison County

 

A provisional charter was granted to this corporation by action of the Board of Regents on June 16, 1939 to operate a library.  Such provisional charter was extended by Regents action on June 16, 1944, October 20, 1950, December 21, 1956, October 30, 1959, April 23, 1965 and was made absolute by Regents action on May 24, 1974.   Such absolute charter was amended by Regents action on March 18, 1994.   The board of trustees has applied for an amendment to the absolute charter to change the number of trustees to be not less than five nor more than fifteen, to designate the service area of the library to be the census tracts numbered 360530305022014, 360530305022015, 360530305022024, 360530305022025, 360530305022026, 360530305022027, 360530305022028, 360530305022029, 360530305022030, 360530305022031, 360530305022032, 360530305022033, 360530305022034, 360530305022035, 360530305022036, 360530305022037, 360530305022038, 360530305022039, 360530305022040, 360530305022041, 360530305022042, 360530305022043, 360530305022044, 360530305022045, 360530305022046, 360530305022047, 360530305022048, 360530305022049, 360530305022050, 360530305022051, 360530305022052, 360530305022053, 360530305022054, 360530305022055, 360530305022056, 360530305022057, 360530305022058, 360530305022059, 360530305022060, 360530305022061, 360530305022062, 360530305022063, 360530305022064, 360530305022066, 360530305022067, 360530305022068, 360530305022069, 360530305022070, 360530305022071, 360530305022072, 360530305022073, 360530305022074, 360530305022075, 360530305022076, 360530305022077,  360530305022078,  and 360530305022999 according to census 2000 for a total population of 900 persons. The Office of Cultural Education recommends that the absolute charter be amended accordingly.

 

NORTH MERRICK
PUBIC LIBRARY

North Merrick, Nassau County

 

A provisional charter was granted to this corporation by action of the Board of Regents on January 28, 1965 to operate a library.  Such provisional charter was amended by Regents action on March 25, 1966 and was made absolute on January 27, 1971.  The board of trustees has applied for an amendment to the absolute charter to provide that board vacancies due to cause other than expiration of a term shall be filled by board appointment not for the balance of the unexpired term of the vacancy but, instead, shall be filled by board appointment for a term to extend only to the date of the next scheduled board of trustees election.  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

 

NORTH
SHORE
HISTORICAL MUSEUM

Glen Cove
, Nassau County

 

A provisional charter was granted to this corporation by action of the Board of Regents on July 17, 1998 to operate a museum.  Such provisional charter was extended by  Regents action on February 11, 2003.  The board of trustees has applied for an amendment to the provisional charter to restate the corporate purposes to state the following:  to establish and maintain a history museum relating to the North Shore of Long Island;  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 promote and support historical research and scholarship, issue publications in any format, and organize historical and cultural activities, programs, and events for the public and to change the corporate address to PO Box 217, Glen Cove, New York 11542 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.

 

OCEANSIDE
LIBRARY

Oceanside
, Nassau County

 

A provisional charter was granted to this corporation by action of the Board of Regents under the corporate name “Oceanside Free Library” on May 20, 1938 to operate a library.  Such provisional charter was extended by Regents action on September 17, 1943 and was made absolute on June 18, 1948.  Such absolute charter was amended by Regents action to include a name change to “Oceanside Library” on June 21, 1991.  The board of trustees has applied for an amendment to the absolute charter to designate the service area as that of the Oceanside Union Free School District.  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

 

OLD FORGE LIBRARY

Old Forge, Herkimer County

 

A provisional charter was granted to this corporation by action of the Board of Regents on April 30, 1914 to operate a library.  Such provisional charter was extended by Regents action on April 18, 1941, September 20, 1946, July 20, 1951, April 25, 1957 and was made absolute on September 29, 1961.  Such absolute charter was amended by Regents action on September 24, 1993.  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 Webb.  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

 

RYE
FREE READING ROOM

Rye
, Westchester County

 

This corporation was incorporated on January 3, 1889 with the New York State Supreme Court under Chapter 319 of the Laws of 1848 to operate an association library.  The board of trustees has applied for an amendment to the absolute charter to specify the number of trustees to be not less than fifteen nor more than twenty-five.  The Office of Cultural Education recommends that the absolute charter be amended accordingly

 

 

SHARON
SPRINGS
FREE LIBRARY

Sharon
Springs, Schoharie County

 

A provisional charter was granted to this corporation by action of the Board of Regents on January 25, 1911 to operate a library.  Such provisional charter was amended on July 2, 1913 and was made absolute by Regents action on December 2, 1915 and was amended on September 14, 1990.  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 Sharon and to change the number of trustees to be not less than five nor more than thirteen.  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

 

SODUS FREE LIBRARY

Sodus, Wayne County

 

A provisional charter was granted to this corporation by action of the Board of Regents under the corporate name “Sodus Circulating Library” on October 17, 1907 to operate a library.  Such provisional charter was made absolute by Regents action on May 2, 1912 and was amended by Regents action on February 23, 1927 to change the corporate name to “Sodus Free Library.”  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, 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.

 

VERNON
PUBLIC LIBRARY

Vernon
, Oneida County

 

A provisional charter was granted to this corporation by action of the Board of Regents on November 21, 1895 to operate a library.  Such provisional charter was made absolute by Regents action on May 21, 1903.   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 service area of the library to be the Village of Vernon, 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.

 

WADHAMS FREE LIBRARY

Wadhams, Essex County

 

A provisional charter was granted to this corporation by action of the Board of Regents under the corporate name “Wadhams Mills Free Library Association” on November 4, 1897 to operate a library.  Such provisional charter was amended by Regents action on April 27, 1916 to change the corporate name to “Wadhams Free Library” and was further amended on March 1, 1917.  Such provisional charter was extended by Regents action on May 16, 1941, June 20, 1947, June 29, 1951, December 21, 1956, September 29, 1961 and was made absolute charter by Regents action on September 29, 1967.   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 Westport, 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 CHARTERS

 

 

DODGE LIBRARY

Chazy, Clinton County

 

The board of trustees has petitioned the Board of Regents to form a corporation to operate a public library to serve the residents of the Town of Chazy, except the portion of the Town of Chazy which is located in the Chazy Union Free School District.  The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

 

SAFE
HAVEN MUSEUM AND EDUCATION CENTER

Oswego
, Oswego County

 

The board of trustees has petitioned the Board of Regents to establish and maintain a museum and grounds at Fort Ontario, Oswego, New York, open to the public, relating to the Fort Ontario Emergency Refugee Shelter operated from 1944 to 1946; to collect, own, hold, maintain, preserve, and make available to the public a collection of artifacts relating to the Fort Ontario Emergency Refugee Shelter; to educate the public on the meaning of the refugee center as established by Presidential Order, and to explain the resulting complex set of historical, social, humanitarian and political events; to arrange, create, maintain and promote appropriate exhibits and displays to provide a historical and humanistic perspective of the refugee shelter; to establish and maintain an historical reference and research center to house materials and documents of the period; to promote and support original historical research and scholarship, sponsor and organize historical and cultural activities, programs and events for the public, and issue publications in any format; to cooperate with national, state and county officials and historical organizations to collect and preserve materials of national, statewide and countywide significance.  The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

 

EXTENSION OF CHARTERS

 

FRIENDS OF HISTORIC HULETT’S LANDING

Hulett’s Landing, Washington County

 

A provisional charter was granted to this corporation by action of the Board of Regents on September 15, 2000 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.

 

THE NORTH COUNTRY CULTURAL CENTER FOR THE ARTS

Plattsburgh
, Clinton County

 

A provisional charter was granted to this corporation by action of the Board of Regents on September 15, 2000 to operate a cultural arts center.  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.

 

TOWN OF SENECA HISTORICAL SOCIETY

Stanley (Town of Seneca), Ontario County

 

A provisional charter was granted to this corporation by action of the Board of Regents on July 24, 1992 to operate a historical society.   Such provisional charter was extended by Regents action on March 7, 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.

 

ORDER OF CONSOLIDATION

 

SAFE
HAVEN MUSEUM AND EDUCATION CENTER and SAFE HAVEN, INC.  

Oswego
, Oswego 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 Safe Haven Museum and Education Center and Safe Haven, Inc.  The Safe Haven Museum and Education Center has petitioned the Board of Regents for a provisional charter.  Safe Haven, Inc. was incorporated under §402 of the Not-For-Profit Corporation Law (NPCL) on September 26, 1990.  Upon the effective date of the consolidation of Safe Haven Museum and Education Center and Safe Haven, Inc.  Safe Haven Museum and Education Center will assume all the assets, liabilities and responsibilities of both organizations.  The consolidated corporation will operate under the provisional charter granted to Safe Haven Museum and Education Center.  The Office of Cultural Education recommends that an order of consolidation of Safe Haven Museum and Education Center and Safe Haven, Inc. be granted, forming Safe Haven Museum and Education Center.

 

DISSOLUTION OF CHARTERS

 

OTEGO HISTORICAL SOCIETY

Otego, Otsego County

 

A provisional charter was granted to this corporation by action of the Board of Regents on January 24, 1979 to operate a historical society.  Such provisional charter was extended by Regents action November 20, 1981 and November 3, 1995.  The board of trustees has petitioned the Board of Regents for the dissolution of the charter since the corporation is no longer in operation and all taxes payable by the corporation have been paid.  The trustees request Regents approval of the distribution of the remaining assets of the corporation to the Village of Otego, New York. The Office of Cultural Education  recommends that the provisional charter of Otego Historical Society be dissolved and that its assets be distributed to the Village of Otego, New York .

 

PERRY PUBLIC LIBRARY

Perry
, Wyoming
County

 

An absolute charter in first instance was granted to this corporation by action of the Board of Regents on June 25, 1914 to operate a public library.  The board of trustees has petitioned the Board of Regents for the dissolution of the charter as the corporation is no longer in operation and all taxes payable by the corporation have been paid.  The trustees request Regents approval of the transfer of the library assets of Perry Public Library to the Perry Public Library, which was incorporated by action of the Board of Regents under a provisional charter on October 4, 2002 to serve the residents of the Perry Central School District.  The Office of Cultural Education recommends that the absolute charter of the Perry Public Library be dissolved and that approval be given to the transfer of its library assets to the Perry Public Library.

 

 

ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

 

AMENDMENT & EXTENSION OF CHARTER

 

PATHWAYS
SCHOOL

Scarsdale
, Westchester County

 

A provisional charter was granted to this corporation by action of the Board of Regents on February 3, 1999 to operate a kindergarten and a grade one through six elementary school for children with disabilities.  The board of trustees has applied for an amendment to the provisional charter to specify that the corporation to will operate a kindergarten and grade one through eight school for students with and without disabilities, and as so amended, be extended.  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

 

THE MANHATTAN FREE SCHOOL

New York City
, New York
County

 

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

 

ORDER OF CONSOLIDATION                                                               

 

THE WALDORF SCHOOL OF THE FINGER LAKES and THE STONE CIRCLE SCHOOL

Ithaca
, Tompkins County

 

The board of trustees of The Waldorf School of the Finger Lakes and The Stone Circle School have petitioned the Board of Regents, pursuant to Education Law §223, for an order of consolidation.  The Waldorf School of the Finger Lakes was granted a provisional charter under the corporate name “The School of the Finger Lakes” on September 26, 1986. Such provisional charter was amended by Regents action to include a name change to “The Waldorf School of the Finger Lakes” on July 28, 1989, and, as so amended, extended.  Such provisional charter was amended and extended by Regents action on October 15, 1993, September 18, 1998 and June 25, 2007.  The Stone Circle School was granted a provisional charter by Regents action on March 25, 2003 and was consolidated with the Stone Circle Collective, Inc. a corporation formed  under §402 of the Not-for-Profit Law (NPCL) on September 9, 1999.  Upon the effective date of the consolidation of The Waldorf School of the Finger Lakes and The Stone Circle School, The Waldorf School of the Finger Lakes will assume all the assets, liabilities and responsibilities of both organizations under the amended corporate name “Ithaca Children’s School.”  The consolidated corporation will operate under the provisional charter granted to The Waldorf School of the Finger Lakes.  The Office of Nonpublic School Services recommends that an order of consolidation of The Waldorf School of the Finger Lakes and The Stone Circle School be granted and 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 CHARTERS

 

NEW YORK
LAW SCHOOL

New York City
, New York
County

 

An absolute charter in the first instance was granted to this corporation by action of the Board of Regents on June 11, 1891.    Such corporation was reincorporated by Special Act of Legislature under Chapter 307 of the Laws of 1897 on April 19, 1897.  Such absolute charter was amended by Regents action on August 11, 1954 and December 15, 1967.  The board of trustees has applied for an amendment to the absolute charter to add authority for the corporation to confer the degree of Master of Arts.   The Office of Higher Education recommends that the absolute charter be amended accordingly.

 

ST. VLADIMIR’S ORTHODOX THEOLOGICAL SEMINARY

Crestwood, Westchester County

 

A provisional charter was granted to this corporation by action of the Board of Regents on June 18, 1948.  Such provisional charter was made absolute by Regents action on April 24, 1953.  Such absolute charter was amended by Regents action on January 24, 1964, March 31, 1967, September 27, 1968, January 21, 1970, June 21, 1985, September 16, 1988, January 22, 1992 and was amended and restated by Regents action on October 5, 2001.  The board of trustees has applied for an amendment to the absolute charter to increase the maximum number of trustees from 30 to 35.  The Office of Higher Education recommends that the absolute charter be amended accordingly.

 

TEACHERS COLLEGE

New York City
, New York
County

 

A provisional charter was granted to this corporation by action of the Board of Regents under the corporate name “New York College for the Training of Teachers” on January 12, 1889.  Such provisional charter was amended by Regents action on December 14, 1892 to change the corporate name to “Teachers College” and, as so amended, made absolute.  Such absolute charter was amended by Regents action on July 18, 1941, September 21, 1984 and September 17, 1999.   The board of trustees has applied for an amendment to the absolute charter to change the number of trustees to be not less than 25 nor more than 40.  The Office of Higher Education recommends that the absolute charter be amended accordingly.

Appendix II

REGENTS ACTIONS IN 50 PROFESSIONAL DISCIPLINE CASES

AND 1 RESTORATION PETITION

 

October 20-21, 2008

 

              The Board of Regents announced disciplinary actions resulting in the revocation of 2 licenses, one of which is for a professional limited liability company, surrender of 1 license, and 47 other disciplinary actions.  The penalty indicated for each case relates solely to the misconduct set forth in that particular case.  In addition, the Board acted upon 1 restoration petition.

 

 

Chiropractic

              Dmitry Davydov; 252-62 Brattle Avenue, Little Neck, NY 11362; Lic. No. 009388; Cal. No. 23588; Found guilty of professional misconduct; Penalty: Revocation, $10,000 fine.

 

              Booth Chiropractic & Acupuncture, P.L.L.C.; 252-62 Brattle Avenue, Little Neck, NY 11362; Cal. No. 23773; Found guilty of professional misconduct; Penalty: Revocation, $10,000 fine.

Massage Therapy

              Depeche Reis Cassea; 139 Yuma Lane, East Islip, NY 11730; Lic. No. 014626; Cal. No. 24103; Application to surrender license granted.  Summary:  Licensee admitted to the charge of having been convicted of 5 counts of Attempted Forcible Touching, a class B misdemeanor.

 

II. OTHER REGENTS DISCIPLINARY ACTIONS

 

Dentistry

 

              Lorraine Ann Herrmann; 268 West Merrick Road, Freeport, NY 11520; Lic. No. 043015; Cal. No. 23727; Found guilty of professional misconduct; Penalty: No further action.

 

              Tamara Likholetova; 3051 Ocean Avenue, Brooklyn, NY 11235; Lic. No. 046781; Cal. No. 23884; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, 1 year probation, $1,000 fine.

 

              Advanced Dentistry Dental Office, P.C.; 3051 Ocean Avenue, Brooklyn, NY 11235; Cal. No. 23885; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, 1 year probation, $1,000 fine.

 

              Nora B. Tuliao; 215 West 94th Street, New York, NY 10025; Lic. No. 042482; Cal. No. 24018; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

 

              Nodari Davitiashvili; 112-01 Queens Boulevard, Forest Hills, NY 11375; Lic. No. 048309; Cal. No. 24069; Application for consent order granted; Penalty agreed upon: 1 year actual suspension, 2 year stayed suspension, 3 years probation, $10,000 fine.

 

Engineering and Land Surveying

 

              Jose David Vargas; Professional Engineer; 288 West 238th Street, Riverdale, NY 10462-2314; Lic. No. 056795; Cal. No. 24039; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 24 months probation, $3,600 fine.

 

Massage Therapy

 

              Susan J. Patashny; 234 East Walnut Street, Long Beach, NY 11561; Lic. No. 002910; Cal. No. 24038; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $1,000 fine.

 

Nursing

 

              Suja Pathalil a/k/a Suja Thomas Pathalil; Licensed Practical Nurse, Registered Professional Nurse; 6 Mehan Lane, Dix Hills, NY 11746; Lic. Nos. 252646, 507062; Cal. Nos. 23351, 23352; Application for consent order granted; Penalty agreed upon: 6 month actual suspension, 18 month stayed suspension, 2 years probation.

 

 

              Jennifer Louise Villa; Registered Professional Nurse; 1250 William Street, Baltimore, MD 21230; Lic. No. 498823; Cal. No. 23431; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation to commence if and when return to practice in New York State.

 

              Katherine Ann Pappalardo; Registered Professional Nurse; 144 Cedar Street, Kingston, NY 12401; Lic. No. 475656; Cal. No. 23456; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

 

              Suzanne T. Carabba a/k/a Suzanne T. Ally; Licensed Practical Nurse, Registered Professional Nurse; 86-02 208th Street, Queens Village, NY 11427; Lic. Nos. 165360, 377174; Cal. Nos. 23483, 23484; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

 

              Catherine Michele Schenkel; Registered Professional Nurse; 87 Irving Avenue, Livingston, NJ 07039; Lic. No. 410588; Cal. No. 23608; Found guilty of professional misconduct; Penalty: 2 year suspension, execution of last year of suspension stayed, upon completion of year of actual suspension, probation 1 year, $1,000 fine payable within 6 months.

 

              Maricar P. Imperial; Licensed Practical Nurse; 56 Princeton Street, Bay Shore, NY 11706; Lic. No. 271365; Cal. No. 23682; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,000 fine.

 

              Lauren LeClaire; Licensed Practical Nurse; 4285 West Walworth Road, Macedon, NY 14502; Lic. No. 246126; Cal. No. 23777; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

 

              James Johnson; Registered Professional Nurse; 41-07 169th Street, Flushing, NY 11358; Lic. No. 390580; Cal. No. 23824; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 24 months probation, $2,500 fine.

 

              Lauren Denise Walsh a/k/a Lauren Denise Morse; Licensed Practical Nurse; 34 Fairview Avenue, Islip Terrace, NY 11752; Lic. No. 237986; Cal. No. 23838; Found guilty of professional misconduct; Penalty: 1 year suspension, execution of suspension stayed, probation 1 year, $500 fine.

 

              Edwin A. Pagan, Jr.; Licensed Practical Nurse; 75 Sportsmen Street, North Great River, NY 11722; Lic. No. 232896; Cal. No. 23874; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for not less than 1 year and until fit to practice, upon termination of suspension 2 years probation.

 

 

              Kamisha Delece Stallworth; Licensed Practical Nurse; 45 Martense Street, Brooklyn, NY 11226; Lic. No. 264126; Cal. No. 23908; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $250 fine.

 

              Carmina M. Janis a/k/a Carmina M. Scannapieco; Licensed Practical Nurse, Registered Professional Nurse; 1010 Argo Boulevard, Schenectady, NY 12303; Lic. Nos. 252160, 510625; Cal. Nos. 23933, 23934; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

 

              Linda Carroll; Registered Professional Nurse; 305 Sherman Avenue, Peekskill, NY 10566; Lic. No. 255199; Cal. No. 23942; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation to commence if and when return to practice, $500 fine payable within 6 months.

 

              Zetra C. Wellman a/k/a Zetra C. Bruso; Registered Professional Nurse; 3 Underwood Avenue, Plattsburgh, NY 12901; Lic. No. 550619; Cal. No. 23946; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

 

              Jamie A. Izzo a/k/a Jamie Roberts a/k/a Jaime A. Roberts; Registered Professional Nurse; 6168 Elm Street, Conesus, NY 14435; Lic. No. 539928; Cal. No. 23959; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

 

              Marilou Relano Anobas; 2 Bavia Court, Rosedale, MD 21237; Lic. No. 458102; Cal. No. 23979; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, if and when return to practice in New York State 1 year probation, $1,000 fine payable within 90 days.

 

              Marie Marcia Coburn Dorsett; Licensed Practical Nurse, Registered Professional Nurse; 213-11 Nashville Boulevard, Queens Village, NY 11429-2333; Lic. Nos. 223641, 566417; Cal. Nos. 23997, 23998; Application for consent order granted; Penalty agreed upon: 1 year actual suspension, 1 year stayed suspension, 5 years probation, $10,000 fine, 100 hours public service.

 

              Bruce W. Elmendorf; Registered Professional Nurse; #4 Field Court, Poughkeepsie, NY 12601; Lic. No. 522232; Cal. No. 23999; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

 

              Julie A. Baran; Registered Professional Nurse; 809 Rt. 31, Glen Spey, NY 12737; Lic. No. 516034; Cal. No. 24005; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $2,500 fine.

 

 

              Wendy F. Bharratt; Licensed Practical Nurse; 199-16 Hillside Avenue, Jamaica, NY 11423; Lic. No. 239426; Cal. No. 24013; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation.

 

              Jennifer Degear Davies; Licensed Practical Nurse, Registered Professional Nurse; 9 Kattelville Road, Binghamton, NY 13901; Lic. Nos. 274537, 554450; Cal. Nos. 24053, 24054; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation.

 

              Janine M. Shea; Registered Professional Nurse; 39 North Park Avenue, Buffalo, NY 14216; Lic. No. 336246; Cal. No. 24058; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for no less than 4 months and until fit to practice, upon termination of suspension, 2 years probation to commence upon return to practice.

 

              Kathleen L. Olsen a/k/a Kathleen L. Larison; Licensed Practical Nurse, Registered Professional Nurse; 34 Delemere Boulevard, Fairport, NY 14450; Lic. Nos. 126253, 314703; Cal. Nos. 24093, 24094; 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.

 

Pharmacy

 

              Elaine Lambrino; 2126 Donna Avenue, Endicott, NY 13760; Lic. No. 033222; Cal. No. 23528; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

 

              Duane Reade; Pharmacy; 305 Broadway, New York, NY 10007; Reg. No. 018611; Cal. No. 23936; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $5,000 fine.

 

              Rite Aid of New York Inc. 4967; Pharmacy; 5651 Whiskey Hill Road, Wolcott, NY 14590; Reg. No. 023533; Cal. No. 24059; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, $10,000 fine.

 

Physical Therapy

 

              Ali M. Chahine; 323 East 119th Street, New York, NY 10035; Lic. No. 023546; Cal. No. 24049; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation to commence if and when return to practice, $5,000 fine payable within 120 days.

 

 

Social Work

 

              Arthur Milton Pierson; Licensed Clinical Social Worker; 8 Rock Crest Place, Poughkeepsie, NY 12603; Lic. No. 000566; Cal. No. 23472; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for not less than 1 year and until fit to practice, upon termination of suspension 2 years probation to commence when and if return to practice.

 

              Mark A. Lundquist; Licensed Clinical Social Worker; 409 Rock Hill Road, Mohawk, NY 13407; Lic. No. 042820; Cal. No. 23728; Application for consent order granted; Penalty agreed upon: 4 month actual suspension, 20 month stayed suspension, 2 years probation, $2,500 fine.

 

              Raymond R. Tartakoff; Licensed Clinical Social Worker; 216 Continental Road, Napanoch, NY 12458; Lic. No. 053380; Cal. No. 23968; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 3 years probation, $3,000 fine.

 

              Andrea L. Strother; Licensed Master Social Worker; 110 B East Poplar Drive, Delmar, NY 12054; Lic. No. 063599; Cal. No. 23974; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

 

 

The Board of Regents voted on October 21, 2008 to deny the petition for restoration of the licensed practical nurse license of Maxine E. Mears-Clarke, 4787 Barnes Avenue, Bronx, NY 10470. Ms. Mears-Clarke’s license was originally revoked April 24, 2001.