0608summary

 

 

 

 

 

 

SUMMARY OF THE JUNE MEETING

OF THE BOARD OF REGENTS

OF

THE UNIVERSITY OF THE STATE OF NEW YORK

 

Held at the State Education Building

Albany, New York

 

June 23 and 24, 2008

 


David Johnson, 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, June 23 at 9:45 a.m. and Tuesday, June 24 at 11:00 am. pursuant to a call duly sent to each Regent.

MEETING OF THE FULL BOARD, Monday, June 23, 9:45 a.m.

Board Members in Attendance:

 

Robert M. Bennett, Chancellor

Merryl H. Tisch, Vice Chancellor

Saul B. Cohen

James C. Dawson

Anthony S. Bottar

Geraldine D. Chapey

Arnold B. Gardner

Harry Phillips, 3rd

Joseph E. Bowman, Jr.

James R. Tallon, Jr.

Milton L. Cofield

Roger Tilles

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 Karen Brooks Hopkins and Charles R. Bendit were absent and excused.

              Chancellor Robert M. Bennett called the meeting to order at 9:45 a.m.

ACTION ITEM

Executive Session Motion

              MOVED, that the Board of Regents convene in Executive Session on Tuesday, June 24 at 7:30 a.m. for the purpose of discussing pending litigation and personnel matters.

              Motion by:                   Vice Chancellor Merryl H. Tisch       

              Seconded by:               Regent Geraldine D. Chapey

              Action:                          Motion carried unanimously                              

DISCUSSION ITEM

Commissioner’s Report to the Board

              The Commissioner’s written monthly report focused on nine priority subject areas under consideration during the June monthly meeting:  Schools deliver performance gains; Actions to improve administration of 211 waiver; Improved rate-setting for special education programs; What will a growth model of accountability look like; How to accelerate academic program registration; Should Regents modify policy on the IEP diploma; The Regents discuss teacher policy with PSPB Leaders; Teacher certification responds faster to customers; and, Two Governor’s commissions could transform educational spending.

MEETING OF THE FULL BOARD, Tuesday, June 24, 11:00 a.m.

 

Board Members in Attendance:

Robert M. Bennett, Chancellor

Merryl H. Tisch, Vice Chancellor

Saul B. Cohen

James C. Dawson

Anthony S. Bottar

Geraldine D. Chapey

Arnold B. Gardner

Harry Phillips, 3rd

Joseph E. Bowman, Jr.

James R. Tallon, Jr.

Milton L. Cofield

Roger Tilles

Karen Brooks Hopkins

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.  Regent Charles R. Bendit was absent and excused.

              Chancellor Robert M. Bennett called the meeting to order at 11:00 a.m.

ACTION ITEMS

Charter Applications for June 2008


BR (A) 1

              MOVED, that the Regents approve each application with the exception of the request for an amendment to the charter of Polytechnic University, which will be voted on separately, in accordance with the recommendations contained in the respective summaries.

              Motion by:                    Regent Saul B. Cohen

              Seconded by:                Regent James C. Dawson

              Action:                          Motion carried unanimously  

             MOVED, that the Regents approve the application to amend and restate the charter in its entirety of Polytechnic University in accordance with the recommendation contained in the summary.

              Motion by:                    Regent Saul B. Cohen

              Seconded by:                Regent Joseph E. Bowman, Jr.

             Action:                            Motion carried unanimously

Supplemental Charter Application


BR (A) 3

               MOVED, that the Regents approve the application by the Clifton Springs Historical Society for an absolute charter.

              Motion by:                    Regent Saul B. Cohen

              Seconded by:                Regent Joseph E. Bowman, Jr.

              Action:                          Motion carried unanimously

Summary of the May 2008 Meeting


BR (A) 2

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

              Motion by:                   Regent Saul B. Cohen

              Seconded by:               Regent James C. Dawson

              Action:                         Motion carried unanimously

June 2008 Regulatory Agenda


BR (A) 4

              MOVED, that the June 2008 Regulatory Agenda for the State Education Department be approved, as submitted.

              Motion by:                    Regent Harry Phillips, 3rd

              Seconded by:                Regent Anthony S. Bottar

              Action:                          Motion carried unanimously

State Education Department May 2008 Fiscal Report


BR (A) 5

              The Board received the May 2008 Fiscal Report for review and acceptance.

Spending controls have been tightened to reflect the 3.35 percent spending reductions and the Departments Financial Management Plan for 2008-2009.

              All general funds are in structural balance with the exception of the Tenured Teacher Hearing account.  Federal accounts are in structural balance.

Revenue accounts are in structural balance, allowing for normal reimbursement delays in the planned use of prior year balances with the exception of the Cultural Education account due to declining revenues and increased reliance on the account by other agencies.  After expending prior year funds, the Archives Partnership Trust (APT) will use sufficient revenue from the APT endowment, pursuant to Chapter 399 of the Laws of 1998, to maintain structural balance.

    

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

               Motion by:                    Regent Joseph E. Bowman, Jr.

              Seconded by:                 Regent Milton L. Cofield

              Action:                          Motion carried unanimously

Proposed Amendment to the Rules of the Board of Regents Relating to Standing Committees


BR (A) 6

              MOVED, that subdivisions (a) and (d) of section 3.2 and subparagraph (iv) of paragraph (11) of subdivision (a) of section 4-1.5 of the Rules of the Board of Regents be amended, as submitted, effective July 17, 2008, as an permanent rule.

              Motion by:                     Regent Anthony S. Bottar

              Seconded by:                 Regent Joseph E. Bowman, Jr.

              Action:                           Motion carried unanimously

Proposed Amendment to Regulations of the Commissioner of Education Relating to the Employment of Retired Persons in Public School Districts, Boards of Cooperative Educational Services and County Vocational Education and Extension Boards


HE (A) 7

              MOVED, That Section 80-5.5 be repealed and a new Section 80-5.5 of the Regulations of the Commissioner of Education be added, as submitted except in paragraph (2) of subdivision (b) of the new section 80-5.5 delete the phrase “two-year period” and add “one-year period” and in paragraph (2) of subdivision (c) of the new section 80-5.5 delete the phrase “the district’s rationale for their non-selection of properly certified, non retired candidates that were interviewed for the particular position and” and in subparagraph (iii) of paragraph (3) of subdivision (c) of the new section 80-5.5 delete the phrase “will not participate in” and substitute “may participate in, but shall not lead”, effective June 27, 2008, as an emergency action upon a finding by the Board of Regents that such an action is necessary for the preservation of the general welfare in order to strengthen the approval process for employment of retired persons in public school districts other than the City of New York, boards of cooperative educational services and county vocational educational and extension boards to provide transparency and effectiveness in the approval process in order to resolve recent concerns about the approval process.

              Motion by:                    Regent Saul B. Cohen

              Seconded by:                Regent  Roger Tilles

              Action:                          Motion carried unanimously

DISCUSSION ITEM

            

Update on Implementing Changes to the Special Education Tuition Rate Setting System


BR (D) 2

              The Board received an update on improvements to the rate setting system through the implementation of the final recommendations of the Temporary Task Force on Preschool Special Education’s Rate Setting Workgroup.  The goal is to identify and develop possible alternatives to the current system that would overhaul the rate setting methodology, making it more flexible and timely and allow providers to better plan long-term fiscal strategies.  It is estimated that through a series of steps full implementation of a new rate methodology will begin in September 2009.

INFORMATION ITEM

Commissioner’s Summary


Oral

              Commissioner Richard P. Mills summarized the meeting, including significant actions and policy discussions by the Standing Committees.  These include: Grade 3-8 test results for ELA and math; growth model; streamlining academic program registration process; annual report of the State Professional Standards and Practices Board for Teaching; 211 waiver process; the States Impact on Federal Education Policy Project; and, VESID’s  Designing our Future recommendations.

MISCELLANEOUS

Resolution in Memory of Laryssa Veronika Falkowski

              Chancellor Robert M. Bennett presented a Resolution in Memory of Laryssa Veronika Falkowski, commemorating her life and achievements.

              The Resolution is attached as Appendix III.

Emlyn
I. Griffith Scholarship Award

              The Emlyn I. Griffith Scholarship is awarded annually to a son or daughter of a State Education Department employee through an endowment established by Regent Emeritus Emlyn I. Griffith and his wife, Mary.  The scholarship recognizes a young adult for involvement in community service, time and energy devoted to charities, religious organizations, civic groups and community service projects.

              The 2008 recipient of the scholarship award in the amount of $500 is Mr. Timothy Lasher.

Chancellor McGovern Scholarship Award

              Each year the Board of Regents awards scholarships in the amount of $500 from the Chancellor McGovern Trust Fund.  Former Chancellor Joseph McGovern established this fund in honor of the employees of The University of the State of New York (USNY) and the State Education Department.  The recipients, who are children of USNY and Department employees who plan to obtain a postsecondary education, are selected on the basis of character, achievement and financial need.

              This year scholarships in the amount of $500 were awarded to Ms. Katie Casey and Ms. Marshay Zamblowski.

Margaret Snow VanderVeer Memorial Scholarship Award

              Each year the Board of Regents awards a college scholarship from the Margaret Snow VanderVeer Trust fund to the daughter or son of a State Education Department employee.  Chancellor Albert VanderVeer, a Regent from 1895-1927, made his bequest in gratitude to the staff of the State Education Department in honor of his wife, for whom the fund is named.

              This year the $350 award was presented to Ms. Katlyn Althiser.

STANDING COMMITTEE REPORTS

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

              Motion by:                    Regent Harry Phillips, 3rd

              Seconded by:                Regent Joseph E. Bowman, Jr.

              Action:                          Motion carried unanimously

REGENTS COMMITTEE ON ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

              Your EMSC Committee held its scheduled meeting on June 23, 2008.  All Committee members were present.

ACTION ITEMS

Contracts for Excellence

                Your Committee recommends that subdivision (h) of section 156.3 of the Regulations of the Commissioner be added as submitted, effective July 1, 2008, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the public health and general welfare in order to immediately prescribe requirements for minimizing the idling of school buses and other vehicles owned or leased by school districts, consistent with the requirements of Education Law section 3637, as added by Chapter 670 of the Laws of 2007, and thus reduce the exposure of children and others from harmful vehicle exhaust.  [EMSC (A) 1]

              Your Committee recommends that section 100.13 be added and section 170.12 of the Regulations of the Commissioner be amended, as submitted, effective July 1, 2008, 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 adopt revisions to the rule to ensure that contracts for excellence are developed, as appropriate, consistent with the shared decision making provisions in 8 NYCRR, and to otherwise ensure that the emergency rule that was adopted at the April 2007 Regents meeting, revised and readopted at the June and July 2007 Regents meetings, readopted at the September and October 2007 and January 2008 Regents meetings, and revised and readopted at the March and May 2008 Regents meetings, remains continuously in effect until the effective date of its adoption as a permanent rule.   [EMSC (A) 2]

Consent Agenda

              Your Committee recommends that the Board of Regents repeal subdivisions (q) and (r) of section 100.1; subdivisions (u) and (v) of section 100.2; section 110.6; sections 144.1, 144.2, 144.3, 144.4, 144.5, 144.6, 144.9, 144.10, and 144.11; sections 175.7, 175.18, 175.20, 175.22, 175.26, 175.29, 175.32, 175.33, 175.34, 175.36, 175.38 and 175.44; and that section 110.3, section 175.4, paragraph (1) of subdivision (a) of section 175.10, sections 175.11, 175.12 and 175.13; subdivision (a) of section 175.15; section 175.16; sections 175.17, 175.21, 175.24 and 175.37, paragraph (1) of subdivision (a) of section 175.39; and section 175.40 be amended, as submitted, effective July 17, 2008.  [EMSC (CA) 1]

Your Committee recommends that the Board of Regents add section 100.15 of the Regulations of the Commissioner, which establishes criteria for determining the reasonable and necessary expenses of members of school quality review teams and joint intervention teams, and distinguished educators as submitted, effective July 17, 2008. [EMSC (CA) 2]

Charter Schools

 Your Committee recommends that the Board of Regents approve the revisions to the initial charter of the South Bronx Charter School for International Cultures and the Arts as proposed by the Chancellor of the city school district of the city of New York, and the provisional charter is amended accordingly.  [EMSC (A) 3]

Your Committee recommends that the Board of Regents approve the revisions to the initial charter of the Hellenic Classical Charter School as proposed by the Chancellor of the city school district of the city of New York, and the provisional charter is amended accordingly.  [EMSC (A) 4]

Your Committee recommends that the Board of Regents approves the revision to the initial charter of the Peninsula Preparatory Academy Charter School as proposed by the Chancellor of the city school district of the city of New York, and the provisional charter is amended accordingly.   [EMSC (A) 5]

Your Committee recommends that the Board of Regents approve the revision to the initial charter of the Community Roots Charter School as proposed by the Chancellor of the city school district of the city of New York, and the provisional charter is amended accordingly.  [EMSC (A) 6]

Your Committee recommends that the Board of Regents return the proposed third renewal charter of The Ark Community Charter School to the Trustees of the State University of New York for reconsideration, and with the following comments and recommendations: That the proposed third renewal charter be resubmitted to the Regents for consideration after considering all comments raised at the public hearing, and that (a) information regarding all provisions of the school’s proposed third renewal charter (including its educational program) that have been changed, if any, since its second renewal charter be provided, (b) a curriculum to address and be aligned with all 28 New York State Learning Standards and include core curricula at each grade level be provided, and that (c) a plan for serving English language learners be provided.  In addition, it is also recommended that the proposed bylaw provision purportedly authorizing the school to make loans be removed.  [EMSC (A) 7]

Your Committee recommends that the Board of Regents returns the proposed revision to the initial charter of the KIPP Tech Valley Charter School as proposed by the Trustees of the State University of New York, with the following comments and recommendations:  That the proposed revision be abandoned.   [EMSC (A) 8]

 

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 June 23, 2008, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

Grade 3-8 Test Results for ELA and Math – The Committee discussed the results for the 3-8 ELA and Math examinations followed by a press conference.   Discussion revolved around the gaps and where they still exist.  Committee members asked for more data broken down by race and gender (i.e. the gap between black, Hispanic and white males).   Also discussed were concerns over the 8th to 9th grade transition and the need to correlate test results with attendance and discipline. 

Dental Health Certificates – The Committee discussed regulations that require school districts to request a dental health certificate, at designated intervals, from each student that attends public school.  If parents are unable to provide the certificate, the schools will provide them with a list of dentists that will perform examination for low cost or free.  These regulations will come before the Regents for adoption in July.  [EMSC (D) 1]

Growth Model – The Committee discussed an overview of the interim Growth Model including an explanation of the proposed model and how it fits into the current accountability system; an overview of the model’s impact on accountability determinations; and capacity issues with current technology.  Issues were raised regarding how the Growth Model translates to our current work; the need to include more about students who are high performers; and streamlining the labeling of schools (i.e. SINI, DINI).  Outreach conducted over the summer and input from the field will shape our next steps.  The Committee will continue their discussion on the Growth Model at the July Regents meeting [EMSC (D) 2]

Required Assessments for Schools Currently Using Portfolio Assessments – The Committee discussed the required assessments for schools that are currently using portfolio assessments – there are 32 such schools.  Under existing policy, students attending these schools are only required to pass the English Regents Exam with a score of 65.   This policy was due to expire for students entering ninth grade in 2009.  The Committee approved the recommendation that these schools be allowed to extend their use of portfolio assessments in place of the Regents Exams in mathematics, social studies, and science for a further five-year period, through the 2013-2014 school year.  [EMSC (D) 3]

Progress Report on Review of the Learning Standards - Regent Saul Cohen reported to the Committee on the progress of the Standards Review Committee for ELA/ELL.   Recommendations to the Steering Committee will be ready by July 15 and work is expected to be completed by the end of October.  Regent Cohen acknowledged the exceptional work done at the regional forums and the overwhelming response from the field – over 1,000 participants attended six separate forums.

 

REGENTS COMMITTEE ON VOCATIONAL AND EDUCATIONAL SERVICES FOR INDIVIDUALS WITH DISABILITIES

Your VESID Committee held its scheduled meeting on June 24, 2008.   All members were present.  Vice Chancellor Tisch, Regents Phillips, Brooks Hopkins, and Young  also attended. 

MATTERS NOT REQUIRING BOARD ACTION
          

              Deputy Commissioner Rebecca Cort provided a brief summary of her recent testimony to the Assembly Standing Committee on Mental Health, Mental Retardation and Developmental Disabilities regarding Workforce Issues and the Disabled Population.

Staff provided a report as a follow-up to the December 2007 presentation of the implementation of the VESID “Designing our Future” recommendations, focusing on key initiatives and interagency activities designed to expand VESID services to individuals with disabilities transitioning from post-secondary institutions, attending college, and entering directly into employment.  Guest speakers provided an overview of two initiatives. 
                     

              Time did not permit a discussion on the item on the Individualized Education Program Diplomas for Students with Disabilities (VESID D1).  It will be rescheduled for a future meeting. 

 

                                 REGENTS COMMITTEE ON HIGHER EDUCATION

              Your Higher Education Committee held its scheduled meeting on June 23, 2008. All members were present except Regent Bendit, who was excused

Action Items

Action Items

              Your Committee recommends that the Board of Regents continue accreditation of the teacher education programs (Early Childhood Teacher Education leading to Early Childhood B-2 certification and Inclusive Elementary Education leading to Childhood Education 1-6 and Special Education 1-6 dual certification) offered by Cazenovia College for a period beginning immediately and ending on May 17, 2011.   [HE (A) 1]

Your Committee recommends that the Board of Regents approve the proposal to authorize the Swedish Institute, Inc. under its new owner, Quad Partners, to award Associate in Occupational Studies (A.O.S.), Bachelor of Professional Studies (B.P.S), and Master of Science (M.S.) degrees on duly qualified students successfully completing registered programs for a period beginning upon execution of the final phase of the purchase agreement and ending on December 24, 2008.  Vice Chancellor Tisch recused herself /abstained from this vote.  [HE (A) 3]

Your Committee recommends that the Board of Regents accredit for seven years the teacher education programs offered by Bank Street College of Education, as listed in the Summary of the Application for Accreditation, with the condition that annual reports address the following items: 1) adjustment of the early childhood and childhood curricula to ensure that they cover the grade spans of the certificates to which the programs lead (to be accomplished within the term of the first annual report); 2) progress in increasing the percentage of faculty members with earned doctorates; 3) progress in conducting ongoing assessment of candidates and graduates, including data from College faculty and from external data or observations; and 4) progress in using assessment data for program improvement.  [HE (A) 4]

              Your Committee recommends that Sections 52.21 and 80-3.7 be amended and Subpart 57-3 and Section 80-1.12 of the Regulations of the Commissioner of Education be added, as submitted, effective July 11, 2008, as an emergency action upon a finding by the Board of Regents that such an action is necessary for the preservation of the general welfare in order to establish necessary regulatory standards to implement the requirements of Chapter 143 of the Laws of 2006, to ensure that the standards for Department approval of providers offering course work or training in the needs of students with autism are in place so that the Department will have a sufficient amount of providers available to offer the required course work or training by September 2, 2009.  [HE (A) 5]

Your Committee recommends that the Board of Regents extend Globe Institute of Technology’s temporary authority to confer degrees until December 31, 2008 pending the Board of Regents vote on Globe’s application for renewal of institutional accreditation.  [HE (A) 6]

Your Committee discussed the proposed repeal and addition of section 80-5.5 of the Commissioner’s Regulations relating to the employment of retired persons in public school districts, boards of cooperative educational services (BOCES) and county vocational education and extension boards.  The Committee requested that staff make some amendments to the proposed language and bring this item to the Full Board for action at the Full Board meeting on Tuesday, June 24, 2008.   [HE (A) 7]

Consent Agenda Items

Your Committee recommends that the Board of Regents confer upon the individuals listed, who have completed the requirements for their registered degree programs at Professional Business College and Taylor Business Institute, the respective degrees as listed.  [HE (CA) 1]

Your Committee recommends that the Board of Regents authorize The City University of New York, The City College of New York to award the Master of Public Administration (M.P.A.) degree on students successfully completing registered M.P.A. programs, effective June 24, 2008.  [HE (CA) 2]

Your Committee recommends that the Board of Regents approve the following reappointments to the State Professional Standards and Practices Board for Teaching: Cheryl Freedman (public member), Eric R. Gidseg (teacher member), Tira J. Randall (school administrator member), and Frank Scelsa (teacher member), each be appointed to a four-year term beginning July 1, 2008 and ending June 30, 2012; and that Debra A. Colley (higher education member) be reappointed to a two-year term as co-chair beginning July 1, 2008 and ending June 30, 2010.  [HE (CA) 3]

              Your Committee recommends that the Board of Regents approve the proposed master plan amendment of the State University of New York to authorize the College at Oswego to offer the Bachelor of Science degree program in Software Engineering.  This amendment will be effective until June 24, 2009, unless the Department registers the program prior to that date, in which case the Master Plan Amendment shall be without term.  [HE (CA) 4]

              Your Committee recommends that sections 145-2.2 and 145-2.9 of the Regulations of the Commissioner of Education relating to the educational requirements for certain State student aid awards granted under the tuition assistance program (TAP), including TAP awards for accelerated study, be amended, as submitted, effective July 17, 2008, as a permanent rule.  [HE (CA) 5]

              Your Committee recommends that the Board of Regents approve the amendment of the master plan of The City University of New York authorizing The City College to offer M.Phil. and Ph.D. programs in Biomedical Engineering, Chemical Engineering, Civil Engineering, Electrical Engineering, and Mechanical Engineering and to offer jointly with the Graduate School M. Phil. and Ph.D. programs in Biology, Biochemistry, Chemistry, and Physics; and authorizing Hunter College to offer jointly with the Graduate School a D.P.H. program in Public Health and M.Phil. and Ph.D. programs in Biology, Biochemistry, Chemistry, and Physics.  This amendment will be effective until June 30, 2009, unless the Department registers the programs prior to that date, in which case master plan amendment shall be without term.  [HE (CA) 6]

Your Committee recommends that the Board of Regents authorize the CUNY Board of Trustees to award the degrees of Master of Philosophy (M.Phil.) and Doctor of Philosophy (Ph.D.) at The City College and at Hunter College, and authorize the Board of Trustees to award the degree of Doctor of Public Health (D.P.H.) at Hunter College, effective June 24, 2008.   [HE (CA) 7]

              Your Committee recommends that Part 30 of the Rules of the Board of Regents and Section 100.2 of the Regulations of the Commissioner of Education be amended, as submitted, effective July 1, 2008, as an emergency action upon a finding by the Board of Regents that such action is necessary to preserve the general welfare to establish necessary regulatory standards to implement on a timely basis the requirements of Chapter 57 of the Laws of 2008 concerning the minimum standards for teacher tenure determinations.  [HE (A) 2]

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 June 23, 2008, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

              Your Committee discussed several topics of interest, including:

Proposed Amendment to the Rules of the Board of Regents Relating to Registered Degrees – Due to time constraints, this item was moved to a future meeting.   [HE (D) 1]

Annual Report of the State Professional Standards and Practices Board for Teaching – The Committee discussed the PSPB’s report on its activities over the past year.  PSPB Co-Chair Debra Colley presented the report of the Standards Board’s activities during 2007-08 and its planned agenda for 2008-09 based upon the work begun this year on three priority initiatives, as well as on input from the Chancellor, Vice Chancellor, and Commissioner regarding additional priorities.  Patricia Roberts presented information on the Board’s development of proposed State professional development standards.   [HE (D) 2]

Teacher Certification Improvements – Due to time constraints, this item has been moved to a future meeting.   [HE (D) 3]

PolytechnicUniversity Charter – Your Committee discussed the proposed affiliation of New York University and Polytechnic University.   This discussion provided background information on a charter amendment that will be voted on at the full Board meeting on June 24, 2008 on the same subject.  [HE (D) 4]

Streamlining Academic Program Registration Process – The Committee discussed the New York State Commission on Higher Education’s recommendation that the Board of Regents review the process for program review to develop mechanisms for expedited review.  Dr. Robert Ptachik from CUNY and Dr. Kavita Pandit from SUNY presented information ensuring that their internal processes for program review are conducted simultaneously and collaborative with those of the Regents.  The Committee also discussed the five general categories of areas for improvement identified through this collaborative process between CUNY, SUNY, and SED.  [HE (D) 5]

 

REGENTS COMMITTEE ON PROFESSIONAL PRACTICE

              Your Professional Practice Committee held its scheduled meeting on June 24, 2008.  All Committee members were present, except Vice Chancellor Merryl H. Tisch, who was excused from the executive session. 

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 5 cases.  In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 34 consent order applications and 7 surrender applications be granted, with four members of the committee voting acceptance of the consent application in the case of Joseph Stewart Fishbein, dentist, Cal. No. 23813, and with Saul B. Cohen voting in opposition to the application in said case, and Regent Geraldine D. Chapey abstaining.  [PPC EXS (A) 1-3]

              These recommendations are made following the review of 46 cases involving eight pharmacists, seven dentists, five licensed practical nurses who are also registered professional nurses, five registered professional nurses, three licensed practical nurses, two chiropractors, two physical therapists, one acupuncturist, one certified public accountant, one holder of a dental hygienist anesthesia certificate, one dental hygienist, one licensed master social worker, one ophthalmic dispenser, one registered professional nurse who is also a nurse practitioner, and one veterinarian, with five members of the committee voting acceptance of the Regents Review Committee’s recommendation in the case of Lisa Marie Boehlke, registered professional nurse, Cal. No. 23760, and with Saul B. Cohen voting in opposition to said recommendation.

Restoration Petitions

              Your Committee recommends that the application for restoration of the pharmacist license of Louis V. Laricchia be denied until such time as he has successfully passed the North American Pharmacist Licensure Examination (NAPLEX) and the Multi-State Pharmacy Jurisprudence Examination (MPJE) and has sent written proof of his passing scores to the Director of the Office of Professional Discipline, who shall then notify Mr. Laricchia that the Order of Revocation of his license to practice as a pharmacist in the State of New York is stayed for  two years, that he has been placed on probation for two years under terms and conditions recommended by the Committee on the Professions, and that, upon satisfactory completion of the probationary period, his license shall be fully restored.  [PPC EXS (A) 4]

              In the case of Guy Denis, applicant for licensure to practice medicine in the State of New York, Case No. CP-06-06, we recommend that the Board of Regents, having rendered its determination on February 12, 2008, denying this application for restoration, adopt the proposed written opinion, to be appended to the Vote and Commissioner’s Order to be served hereafter upon the applicant in this matter, to set forth the basis for and reasoning of the determination by the Board of Regents upon remand in this case from the Supreme Court, County Of Albany.  [PPC EXS (A) 6]

Consent Agenda

              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 of members to the State boards for the professions; and appointments of extended members to the State boards for the professions for service on licensure disciplinary and/or licensure restoration and moral character panels.  [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 June 24, 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 report discussed with the Committee updates on a range of topics that relate to the work of that committee.  [oral report]
• Architecture Regulations -- A proposed amendment to the Regulations of the Commissioner of Education to align the New York State requirements for admission into the Architect Registration Examination (ARE) with national standards by enabling applicants to sit for the exam while gaining experience following completion of a satisfactory educational program and to modify the endorsement provisions to conform to current practice.  [PPC (D) 3]
• Concept Discussion on Upcoming Regents’ Rule Regarding Health Professionals Wearing ID Badges -- This rule will help the public identify the names and credentials of those from whom they receive professional services by extending to all practice settings the requirement that most health professionals wear an identifying badge.  Failure to do so would constitute unprofessional conduct.  Since it was first discussed by the PPC in January 2008, the Department has received many comments raising questions about the application of the rule to sole practitioners, and those comments were discussed by the Committee.  [PPC (D) 1] 
• Concept Discussion on Upcoming Regents’ Rules Relating to Restoration Applications -- This discussion concerns a proposed amendment to the Regents’ Rules specifying that an applicant’s response to the report of the Committee on the Professions may not include new evidentiary material.  [PPC (D) 2]

 

REGENTS COMMITTEE ON CULTURAL EDUCATION

Regent James C. Dawson, Chair of the Cultural Education Committee, submitted the following written report.

Your Committee on Cultural Education had its scheduled meeting on June 23, 2008.

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

ITEMS FOR DISCUSSION

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

Deputy’s Report: Deputy Commissioner Jeffrey Cannell greeted everyone. Copies of the following Deputy’s Report to the Regents for the month of June was provided to Board members prior to the meeting.

 CE(D) 1 - States’ Impact on Federal Education Policy Project - A report on progress and the May Conference that was held in Washington, DC.

Kathleen Roe, NYS Archives provided handouts and reported on the States Impact on Federal Education Policy Project. Ms. Roe provided background information as well as goals of the State Archives - to ensure a comprehensive and equitable documentation of the events, activities, people and organizations of New York, particularly New York State government.  Ms. Roe spoke of the research and assessments essential to identifying areas of gaps and weaknesses in the historical record project and spoke of projects to address and “fill” those gaps in environmental affairs, mental health, the Latino communities, other areas.

Another area of needing documentation is the efforts of states to affect federal education policy in the post World War II period.  Research focuses almost entirely on the past-war efforts of federal government to mold and enforce education policy.  The story of states efforts – successful or not, to affect federal education policy is virtually absent from the historical record. This resulted in the States Impact on Federal Education Policy Project funded by the Wallace Foundation.  Work is going on with an august body of advisors leaders in research, key actors in state-federal education policy in the post-war period.  We want to use this project to demonstrate and accomplish several things

Project Goals

• Develop a comprehensive, accessible historical record reflecting the efforts of states to influence federal education policy, using New York as an example of the archival methodology needed to accomplish this;
• Foster interest in the education policy research community in pursuing research on this topic;
• Raise awareness among the organizations and people regarding the importance of the records they have created and the need to ensure their preservation in an archives;
• And, finally raising the awareness of current policy leaders and practitioners about the importance of understanding past developments to better inform their work.

Project accomplishments

• Comprehensive accessible record:
• • identified resources in New York, other states and federal level, developed methods for enhancing access to state federal policy issues within them
  • website resource has been developed
• Raise awareness of the importance of preserving records by communicating with relevant people and organizations.
• Foster interest in research in the education policy research community:
• • States’ Impact on Federal Education Policy Project (SIFEPP) Conference in Washington, DC held May 2008 was attended by leaders from the past several decades, current scholars, Spenser fellows – young scholars, archivists and attended by 147 people

CE(D) 2 - P-16 Summer Reading Program 2008

Carol Desch, Coordinator of Statewide Library Services and Director of the Division of Library Development provided some background regarding the State Library’s Summer Reading Program - an annual event in over 1,100 public libraries and neighborhood branches across the State.  Ms. Desch then introduced Karen Balsen, Statewide Reading Program Coordinator, who reported on the New York State Library’s 2008 Statewide Summer Reading Program.  This year’s themes are, Catch the Reading Bug for Children and Metamorphosis @ your Library for teens. With the support of the public library system and the New York State Library, each library promotes reading activities and exposure to the arts throughout the summer based around shared themes.

Ms. Balsen emphasized the importance of summer reading stating that research supports the importance of summer reading programs for student achievement.  Studies show that students who read during summer vacation retain what they have learned during the school year and return to school with stronger skills, better prepared to learn.   A key element of the Summer Reading Program is that children are encouraged to select their own books and to participate in related activities at their local public libraries, which increases their interest and confidence as readers.

Summer Reading Programs are particularly important for high needs communities where families have less access to books and other materials.

Participation in the Statewide Summer Reading Program climbed to 1.35 million in 2007, an increase of 300% over the past seven years and for teens, local libraries in 2007, reported teen participation jumped by 68%.

The State Library is working to help the program grow with partnerships within SED: P-16, Public Broadcasting; State Museum, BOCES School Library Systems, and NOVELny pilot program. To kick-off events, in June, Press Conferences were held in NYC, Albany and Buffalo.  Deputy Commissioner Jeffrey Cannell was opening speaker at the Albany and Buffalo events.  (Ms. Balsen showed a brief video of the event.)

Ms. Balsen continued her presentation and spoke of partnerships outside SED.  Through membership in the 45-state Collaborative Summer Library Program, staff are able to provide public libraries throughout New York State with a theme, high quality graphics, posters, and a complete manual for carrying out the Statewide Summer Reading Program.  NYLA promotes the program and Public Library Systems work with the New York State Library and the libraries in their system to insure a unique summer experience for each child.  And, New York State history is being added to the 2009 Statewide Summer Reading Program theme in partnership with the Hudson-Fulton-Champlain Quadricentennial.

Ms. Balsen thanked the Regents for their continued effort to support this important program.  The Statewide Summer Reading Program is currently supported solely by federal funds including some mini-grants that are provided to the 23 public library systems.  Ms. Balsen shared two public service announcements that public or commercial television stations in NYS would be running to promote kids’ participation in the Statewide Summer Reading Program to - “Catch the Reading Bug.”

Ms. Balsen added that packets containing information regarding the State Library’s Summer Reading Program are distributed to legislators for their information.

A brief discussion period followed.

 

Cultural Education Trusteeship Committee Meeting

In Attendance:

Regents Dawson, Bowman, Brooks Hopkins, Gardner, Phillips, and Tilles.

Regent Dawson opened the meeting welcoming staff and Committee members.  Regent Dawson spoke briefly that the Cultural Education Trust Board had its first meeting and has oversight of the Museum Gallery Renewal and Stewardship Collections Facility.  The Trust Board approved the plan for the Gallery Renewal and is underway.  The next meeting of the Board is scheduled in July 2008.

ITEMS FOR DISCUSSION

Deputy Commissioner Jeffrey Cannell greeted everyone and provided a copy of an article that was published in the June 23, 2008, Times Union regarding the Sheridan Hollow exhibit now part of the “Beneath the City” exhibit on display in the State Museum.  Mr. Cannell introduced Sam Bogen for the first report.

CET(D) 1 - CE Funding Issues –  Mr. Bogen provided a summary report of the status of the Cultural Education account.  A chart was also distributed.

Discussion followed.

CET(A) 1 - Museum Gallery Renewal and Stewardship Collections Facility

Clifford Siegfried, Director of the NYS Museum provided a report and update regarding the Museum Gallery Renewal.  Dr. Siegfried also mentioned that the Cultural Education Trust Board had recently approved the gallery master plan and designs of Natural History and Empire State Galleries and approved using the $20 million appropriation to implement the designs.

The timeline:

• 100% Design for Natural History is due at the end of July. 
• 100% Design for the Empire State Gallery is due at the end of August. 

The galleries are on schedule to begin fabrication in March of 2009

 Regent Dawson asked for a motion to endorse the Museum Gallery Renewal.

Motion by:                    Regent Karen Brooks Hopkins
Seconded by:                Regent Harry Phillips, 3rd
Action:                          Motion carried unanimously

CET(D) 2 - Status of Records Center Expansion – Christine Ward, NYS Archivist and Assistant Commissioner for the Archives, presented a report and update on the Records Center Expansion. 

Ms. Ward provided some background information as to the purpose of the State Records Center (SRC).  SRC is located on the Harriman State Office Campus, Building #21, provides storage and services to State government agencies for inactive records.  The State Archives assumed this function in 1987 from the Office of General Services.  State agencies need to retain some records for legal, fiscal or administrative purposes for anywhere from five to twenty-five or more years.  Most records can be destroyed and in some cases are transferred to the custody of the State Archives.  SRC currently manage 253,490 cubic feet of records and because the facility had been at capacity for literally years, we currently have a satellite facility housing 41,100 cubic feet of records rented from a commercial vendor in Albany

Ms. Ward continued her presentation with details of the SRC’s expansion project with the following information:

• Governor’s budget includes $12,585,000 for a capital project that doubles the size of the Records Center, with construction beginning this year and completed by 2011.
• It expands the current site and doubles the space available including:
• • Additional storage for inactive records (cost-effective storage space for agencies—much less expensive than commercial storage and better storage conditions)
  • Storage for 60,000 cu ft of archival records
  • Space for electronic records vaults/server farm (but does not include funds for the infrastructure to support that)

Ms. Ward continues to report that the current facility has been over capacity, with continued demand for more space from agencies, for over eight years.  There is an estimated over 607,000 cubic feet of inactive state agency records that are NOT in the State Records Center. Instead, agencies are using either office space, their own warehouses, or more expensive commercial alternatives.

SRC’s business plan - it is determined that the cost of running an expanded SRC with room for about 450,000 cubic feet of records would be only about $3 million—annually—$1.7 million less than the cost of paying for storage of records with a commercial vendor.  Over a 20-year period, for which costs for the SRC expansion would be bonded, the savings would be over $35 million.

There needs to be a viable fee for storage if we are to ensure appropriate fiscal management of this service.  Outsourcing this function is very expensive.  Commercial storage runs from $8.09 per box to $14.85.  The Records Center fee per box has been $2.20 since the 1980s.  Division of the Budget has agreed to raise the fee to $2.90 per box beginning in April 2009; however, this may require regular increases in the future to ensure that the revenue matches the costs as they change over time.

Ms. Ward emphasized the need for continued support and advocacy from the Regents to ensure that we are not caught between changes in costs and a fixed fee structure.

Discussion regarding cost analysis, retention schedules and secure destruction, not all documents are archival, etc. took place.

Regent Dawson suggested a tour of the State Records Center, building 21 in the Harriman Campus, should be schedule. 

Information: Tour of the Stacks (Library Collections Stored in EB) was postponed.

 

REGENTS SUBCOMMITTEE ON AUDITS

Your Regents Subcommittee on Audits met on June 23, 2008.

Audit staff participated in a series of six information sessions across the State with school business officials and CPA’s that conduct audits of school districts. The topic covered was trends found in school district audits and the role of the Regents Subcommittee on Audits in reviewing the trends. The Subcommittee asked staff to provide information on the districts that attended the sessions.

Department staff are currently engaged in assessing possible policy issues to address the recurring findings that are being identified in school district audits.  The Subcommittee requested that they consider issues related to the calculation of pension benefits for retiring school district officials when contemplating possible policies.

Staff described in more detail the criteria and specific issues surrounding the audit findings related to procurement. The Subcommittee continues to be concerned about conflict of interest in the procurement process. Audit staff will brief the Subcommittee at the next meeting on conflict of interest found in the audits.

Nineteen audit summaries were presented this month.  The audits were of 15 school districts, 1 BOCES, 1 charter school, 1 preschool special education provider, and 1 New York City Department of Education program audit.  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 six of the audits: 3 school district audits, 1 program operated by the New York City Department of Education audit, 1 preschool special education provider audit and 1 charter school audit for further review and follow-up.

These audits involved findings related to procurement, payroll, claims processing, budgeting, financial reporting, information technology, fingerprint supported background checks, and the provision of Supplemental Education Services.  Audit staff will follow-up with these districts and charter school to identify any possible future actions.

 

Regents Subcommittee on Audits

June 2008

Review of Audits Presented

Department’s Internal Audit Workgroup

Newly Presented Audits

Nineteen audits were presented to the Subcommittee.

The Department has issued letters to the auditees, reminding them of the requirement to submit corrective action plans to the Department within 90 days of their receipt of the audit report.

The Department’s Internal Audit Workgroup identified three school district audits, one program operated by the New York City Department of Education audit, one preschool special education provider audit, and one charter school audit for further review and follow-up.

• GreeceCentral School District – The Capital Improvement Project exceeded authorized funding by $2.5 million.  Additional expenses, including a $1 million pay increase to the construction manager that was not board-approved, were paid from the general fund.  District failed to bill Medicaid for all reimbursements it is entitled to.  Result of sampling showed at least $110,000 of Medicaid services was not billed.  Unbilled services could be up to $2.2 million which could cost the District up to $560,000 in lost revenue.

• RooseveltUnion Free School District – The District adopted a 2007-08 general fund budget of $63.7 million.  If the District maintains current revenue and expenditure trends, it could potentially have an operating surplus for 2007-08, of approximately $4.8 million.  School lunch fund shows a potential operating deficit of approximately $130,000 which will further increase the existing deficit in the school lunch fund to $704,000.

• SouthCountry Central School District – Debt service payments of $500,000 were excluded from the budget and about $690,000 in health, dental benefits, and energy costs may have been underestimated.  Contributions to the retirement system used incorrect percentages which may result in overestimated costs of more than $1 million in 2008-09.  Further, personal service costs may be over-budgeted by almost $2.7 million.

• New York CityDepartment of Education – The NYC Department of Education (DOE) and the schools are offering the Supplemental Educational Services (SES) program in accordance with requirements, but can be more proactive and effective in promoting and encouraging enrollment. SES enrollment rates were analyzed and it was found that the rates varied considerably from school to school, ranging from 0 percent enrollment to 99.8 percent.  Three of the 45 schools had enrollment rates of at least 90 percent, while 15 of the schools had enrollment rates of 10 percent or less.  Additionally, some of the students enrolled in the program may not have been eligible, and $14.1 million was spent in providing tutoring and remediation programs for the potentially ineligible students.

• PyramidsChild Developmental Center – There were material deficiencies in the Consolidated Fiscal Report (CFR) submitted by Pyramids.  As a result, it is proposed that adjustments be made in the four educational programs reviewed in order to reduce the total allowable costs by $239,889.  These adjustments pertained to the Executive Director’s compensation and accruals for staff bonuses.  Other adjustments included depreciation, amortization, accounting and legal fees, and penalties.  Disallowances totaling $113,511 are proposed for the 9100 program, $32,676 for the 9101 program, $20,255 for the 9135 program, and $73,447 for the 9160 program. These disallowances will likely cause the State Education Department (SED) to re-compute the tuition rates for these programs.  The Pyramids’ Board of Directors is also insufficiently independent.  Four of the board’s five members had a direct relationship with the school.  Three of the four members in question were employees of Pyramids.

• WesternNew York Maritime Charter School – The school employed an individual with a criminal record who was eventually terminated after the school’s accounting firm notified the school of the impropriety.  Former school officials and employees exploited internal control weaknesses which resulted in payment for goods and services amounting to more than $95,000 that were not received or misappropriated after delivery.

Follow-up Actions

• Office of Audit Services (OAS) staff will follow-up with the Department’s Charter School Office on the Western New York Maritime Charter School audit.  In addition, this audit will be referred to the Office of School Personnel Review and Accountability (OSPRA).

• Staff from the Office of Education - P-16 will follow-up on issues related to the Greece Central School District.

• As always, the corrective action plans will be reviewed for appropriate action.  OAS staff will report back to the Subcommittee.

Since the last meeting, four letters have been sent requesting additional information related to the corrective action plans submitted by school districts.

 

Appendix I

NEW YORK
STATE BOARD OF REGENTS CHARTER ACTION
 

Cultural Education

 

AMENDMENT OF CHARTER

MOUNT KISCO PUBLIC LIBRARY


Mount
Kisco, Westchester County

An absolute charter in first instance was granted to this corporation by action of the Board of Regents on March 31, 1910 to operate a public library.  The board of trustees has applied for an amendment to the absolute charter to change the number of trustees from five to be not less than five nor more than seven, 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.

PROVISIONAL  CHARTERS

BELFAST
HISTORICAL SOCIETY    

Belfast
, Allegany County

The board of trustees has petitioned the Board of Regents to form a corporation to encourage and disseminate a greater knowledge of the history of the State of New York and particularly the Town of Belfast, County of Allegany and surrounding area; to promote history and original historical research; to gather, collect, own, hold, preserve, display and make available for study appropriate historical artifacts, books, manuscripts, papers, photographs, and other records and materials; to encourage the suitable marking of places of historic interest; to acquire by purchase, gift, devise, or otherwise the title to or the custody and control of historic sites and structures, and preserve and maintain such sites and structures; to bring together those people interested in history, encourage public interest in history, sponsor historical meetings, programs and events, sponsor exhibits, and issue publications in any format; to cooperate with county and state officials and historical organizations to collect and preserve materials of countywide and statewide significance.  The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

HARTLAND HISTORICAL SOCIETY        

Gasport, Niagara County

The board of trustees has petitioned the Board of Regents to form a corporation to establish and maintain a historical society of the history of the State of New York and particularly the Town of Hartland, County of Niagara, and surrounding area; to operate a one-room schoolhouse as a museum; to promote history and original historical research and scholarship; to gather, collect, own, hold, preserve and make available for study appropriate historical artifacts, books, manuscripts, papers, photographs and other records and materials; to arrange, create, maintain and promote appropriate historical exhibits and displays; to encourage the suitable marking of places of historic interest; to acquire by purchase, gift, devise, or otherwise the title to or the custody and control of historic sites and structures, and preserve and maintain such sites and structures; to bring together those people interested in history, encourage public interest in history, sponsor historical and cultural meetings, activities, programs and events for the public, and issue publications in any format; and to cooperate with county and state officials and historical organizations to collect and preserve materials of countywide and statewide significance.  The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

LONG
LAKE
HISTORICAL SOCIETY

Long
Lake, Hamilton County

The board of trustees has petitioned the Board of Regents to form a corporation to encourage and disseminate a greater knowledge of the history of the State of New York and particularly the Town of Long Lake, County of Hamilton, New York, and the Adirondack Mountains so far as they pertain to Long Lake and its people; to promote history and original historical research; to gather, collect, own, hold, preserve, display and make available for study appropriate historical artifacts, books, manuscripts, papers, photographs, and other materials; to encourage the suitable marking of places of historic interest; to acquire by purchase, gift, devise, or otherwise the title to or the custody and control of historic sites and structures, and preserve and maintain such sites and structures; to bring together those people interested in history, encourage public interest in history, sponsor historical meetings, programs and events, sponsor exhibits, and issue publications in any format; and to cooperate with county and state officials and historical organizations to collect and preserve materials of countywide and statewide significance.  The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

DISSOLUTION OF CHARTER

POTSDAM
PUBLIC LIBRARY AND READING ROOM

Potsdam
, St. Lawrence County

An absolute charter in first instance was granted to this corporation by action of the Board of Regents on March 19, 1896 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 Potsdam Public Library and Reading Room to the Potsdam Public Library, which was incorporated by action of the Board of Regents under a provisional charter on June 25, 2007 to serve the residents of the Potsdam Central School District.  The Office of Cultural Education recommends that the absolute charter of the Potsdam Public Library and Reading Room be dissolved and that approval be given to the transfer of its library property to the Potsdam Public Library.

ORDER OF CONSOLIDATION

SNUG
HARBOR
CULTURAL CENTER AND BOTANICAL GARDEN



and

SNUG HARBOR CULTURAL CENTER, INC., and STATEN ISLAND BOTANICAL GARDEN, INC.             


Staten Island, Richmond County

The board of trustees and the boards of directors have petitioned the Board of Regents, pursuant to Education Law §223, for an order of consolidation of Snug Harbor Cultural Center and Botanical Garden and the Snug Harbor Cultural Center, Inc., and the Staten Island Botanical Garden, Inc.  Snug Harbor Cultural Center and Botanical Garden was granted a provisional charter by the Board of Regents on May 20, 2008.  Snug Harbor Cultural Center, Inc., was incorporated under §402 of the Not-For-Profit Corporation Law (NPCL) on October 1, 1973.  Staten Island Botanical Garden, Inc. was incorporated under §402 of the Not-For-Profit Corporation Law (NPCL) on August 1, 1960, under the name “Staten Island Arboretum, Inc.”  Upon the effective date of the consolidation of Snug Harbor Cultural Center and Botanical Garden and Snug Harbor Cultural Center, Inc., and Staten Island Botanical Garden, Inc.  Snug Harbor Cultural Center and Botanical Garden will assume all the assets, liabilities and responsibilities of all three organizations.  The consolidated corporation will operate under the provisional charter granted to Snug Harbor Cultural Center and Botanical Garden. The Office of Cultural Education recommends that an order of consolidation of Snug Harbor Cultural Center and Botanical Garden and Snug Harbor Cultural Center, Inc., and Staten Island Botanical Garden, Inc., forming Snug Harbor Cultural Center and Botanical Garden.

ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

ABSOLUTE CHARTER

TREY
WHITFIELD SCHOOL


Brooklyn, Kings County

A provisional charter was granted to this corporation by action of the Board of Regents on November 10, 2000 to operate a nursery school, kindergarten and a grades one through eight elementary school.  Such provisional charter was extended by Regents action on January 12, 2004.  The board of trustees has applied for an amendment to the provisional charter to change the corporate address to 17 Hinsdale Street, Brooklyn, New York, 11207 and as so amended, for an absolute charter.  The Office of Nonpublic School Services recommends that the provisional charter be amended accordingly and, as so amended, be made absolute.

AMENDMENT OF CHARTERS

THE HANNAH SENESH COMMUNITY DAY SCHOOL


Brooklyn, Kings County

A provisional charter was granted to this corporation by action of the Board of Regents on April 24, 2001 to operate a grades one through eight elementary school.  Such provisional charter was extended by Regents action on December 17, 2004 and consolidated on the same date with The Committee to Form the Hannah Senesh School, Inc., a domestic not-for-profit corporation incorporated on November 21, 1997.  The board of trustees has applied for an amendment to the provisional charter to also add authority for the corporation to operate a kindergarten for four and five year olds, to operate a before and/or after school care program, and to change the corporate address to 342 Smith Street, Brooklyn, New York 11231 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.

OHR HALIMUD/THE MULTI-SENSORY LEARNING CENTER


Brooklyn, Kings County

A provisional charter was granted to this corporation by action of the Board of Regents on October 9, 2003 to operate a multi-sensory full day school for girls, grades one through six, who have Dyslexia and other language based processing disorders.  The board of trustees has applied for an amendment to the provisional charter to add authority for the corporation to also operate grades seven and eight; a nursery school for preschool boys and girls from three to five years of age with and without disabilities; a kindergarten for five year old boys and girls with and without disabilities; an after school tutoring program for boys and girls ages six through fourteen with and without disabilities; a Supplemental Educational Services program for boys and girls with and without disabilities, and day care centers in Kings County, provided that no center will be operated without the express approval of the New York State Office of Children and Family Services and, as so amended, be extended.  The charter will also be amended to provide that except as authorized by Title VIII or other applicable statute, nothing herein shall authorize the corporations to engage in the practice of any profession in New York, engage in the training of any profession in New York or to use a professional title or term of any profession in New York in violation of Title VIII of Education Law and, as so amended, be extended.  The Office of Vocational and Educational Services for Individuals with Disabilities (VESID) has been provided with an opportunity to review this action and the trustees have been advised that the granting of any amendments thereof or extensions thereof does not constitute approval for state funding for programs and services under the jurisdiction of VESID.  The Office of Nonpublic School Services recommends that the provisional charter be 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.

OMAR IBN AL-KHATTAB SCHOOL


Astoria
, Queens County

A provisional charter was granted to this corporation by action of the Board of Regents on April 21, 1998 to operate a nursery school, kindergarten and a grades one through twelve school for girls.  The board of trustees has applied for an amendment to the provisional charter to change the corporate name to “Toobaa Academy” and to change the corporate address to 23-31/23-33 Steinway Street, Astoria, New York 11105 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.

TYBURN
ACADEMY
OF MARY IMMACULATE


Auburn
, Cayuga County

A provisional charter was granted to this corporation under the corporate name “Tyburn Academy” by action of the Board of Regents on July 23, 1993 to operate a grade nine through twelve secondary school.  Such provisional charter was extended by Regents action on July 19, 1996 and amended on June 18, 2002 to include a name change to “Tyburn Academy of Mary Immaculate,” and as so amended, made absolute.  The board of trustees has applied for an amendment to the absolute charter to add authority for the corporation to also operate a grades six, seven, and eight and to change the corporate address to 17 Clymer Street, Auburn, New York 13021.  The Office of Nonpublic School Services recommends that the absolute charter be amended accordingly.

PROVISIONAL  CHARTERS

CATHOLIC
ACADEMY
OF THE HOLY FAMILY


Jamestown
, Chautauqua County

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

LITTLE GEMZ CHILD DAY CARE


Spring Valley, Rockland County

The board of trustees has petitioned the Board of Regents to form a corporation to operate a nursery school for preschool children from three to five years of age, an after school care program for children five to twelve years of age, and a day care center.  The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.

THE YALDEINU SCHOOL


Brooklyn, Kings County

The board of trustees has petitioned the Board of Regents to form a corporation to operate a school for children ages five to twenty-one diagnosed with an autism spectrum disorder and/or pervasive developmental disorder.  The Office of Vocational and Educational Services for Individuals with Disabilities (VESID) has been provided with an opportunity to review this action and the trustees have been advised that the granting of a provisional charter does not constitute approval for state funding for programs and services under the jurisdiction of VESID.  The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.

 

HIGHER AND PROFESSIONAL EDUCATION

AMENDMENT OF CHARTERS

BOSTON
GRADUATE SCHOOL OF PSYCHOANALYSIS, NEW YORK


New York City
, New York
County

A provisional charter was granted to this corporation by action of the Board of Regents on January 11, 2005 to present formal instruction in the field of psychoanalysis and to conduct a program of study leading to the award of the Master of Arts degree in Psychoanalysis.  The board of trustees has applied for an amendment to the provisional charter to change the corporate name to “New York Graduate School of Psychoanalysis.”  The Office of Higher Education recommends that the provisional charter be amended accordingly.

COOPER UNION FOR THE ADVANCEMENT OF SCIENCE AND ART      


New York City
, New York
County

This corporation was incorporated pursuant to a Deed of Trust and the provisions of Chapter 279 of the Laws of 1859.  Such charter was amended by both Regents and Supreme Court actions on January 26, 1972, January 25, 1978 and October 23, 1987.  The board of trustees requested for informal approval of an amendment, as the impact made by the Deed of Trust required action not only be taken by the Regents but also the Supreme Court. The Board of Regents at its October 23, 2007 meeting informally approved the proposed amendment and the Supreme Court granted such order on December 21, 2007.  The board of trustees has applied for an amendment to the charter to amendment to increase the maximum number of trustees from 25 to 40.  The Office of Higher Education recommends that the charter be amended accordingly.

POLYTECHNIC
UNIVERSITY


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 “Polytechnic Institute of Brooklyn” on July 10, 1889.  Such provisional charter was made absolute by Regents action on January 30, 1890 and amended by Regents action on January 16, 1930, March 17, 1939, December 16, 1960, September 21, 1973 to change the corporate name to “Polytechnic Institute of New York,” December 14, 1973, January 22, 1975, May 23, 1975, December 16, 1977 and October 18, 1985 to change the corporate name to “Polytechnic University.”  The board of trustees has applied to amend and restate the charter in its entirety, effective July 1, 2008 to: specify that the new name of the corporation is “Polytechnic Institute of New York University”; specify the purpose of the corporation are to inter alia, offer graduate and undergraduate programs and award appropriate degrees in engineering, science, technology management and related disciplines, and to produce and support leaders in technology and engineering by striving to provide excellence in research and education in engineering, computing, science and related fields; to specify the corporation is authorized to operate branches and to award degrees in the Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, and Westchester Counties within the State of New York; to specify the corporation shall have one member, which shall be New York University; to specify the present trustees; to specify the trust of the member of the corporation shall appoint the trustees, except that for a period of ten years the member shall choose one of three named present trustees to serve on the board, appoint the corporation’s chief executive officer (president) after consultation with the board of trustees, and be required to consent to any amendment, change, or repeal of the by-laws, charter, or other governing documents of the corporation; to add language necessary to maintain tax-exempt status under Internal Revenue code §501(c)(3); and to designate the Commissioner of Education as the agent for the purpose of service of process.   The Office of Higher Education recommends that the charter be amended and restated accordingly, effective July 1, 2008.

TOURO
COLLEGE


New York City
, New York
County

A provisional charter was granted to this corporation by action of the Board of Regents  on June 26, 1970 to operate a four-year liberal arts college.  Such provisional charter was amended on April 11, 1973, June 28, 1974, and extended on June 27, 1975 and was consolidated by Regents action on June 21, 1979 with “Jewish Teachers Seminary and People’s University, a domestic corporation incorporated pursuant to Chapter 593 of the Laws of 1935 and with Herzliah Hebrew Teachers Institute, Inc., which was incorporated by action of the Board of Regents under the corporate name “Herzliah Hebrew Academy, Inc.” on February 15, 1923 and amended by Regents action on February 15, 1946 to change the corporate name to “Herzliah Hebrew Teachers Institute, Inc.”  Such provisional charter was amended and extended numerous times, and was made absolute by Regents action on January 17, 1990.  Such absolute charter was amended by Regents action on various occasions with the last amendment being granted on March 21, 2006.  The Board of Regents consented to the filing of a certificate of assumed name on December 5, 2006 to authorize the corporation to use the assumed name “Touro College of Osteopathic Medicine” for its medical school in New York City.  The board of trustees has applied for an amendment to the absolute charter to add authority for the corporation to confer the degree of Doctor of Pharmacy (Pharm. D.). The Office of Professions recommends that the absolute charter be amended accordingly.

VILLA
MARIA COLLEGE OF BUFFALO


Buffalo
, Erie County

A provisional charter was granted to this corporation by action of the Board of Regents on September 29, 1961 to operate and maintain a junior college for higher education for members of the Congregation of Felician Sisters and members of other religious communities.  Such provisional charter was amended by Regents action on June 26, 1964 and January 28, 1965; amended and extended on  June 24, 1966; and  was made absolute by Regents action on November 22, 1968. Such absolute charter was amended by Regents action on December 21, 1990 and May 17, 2005. The board of trustees has applied for an amendment to the absolute charter to add authority for the College to confer the degrees of Bachelor of Arts (B.A) and Bachelor of Science (B.S.). The Office of Higher Education recommends that the absolute charter be amended accordingly.

APPLICATION FOR REGENTS CONSENT TO FILE A CERTIFICATE OF ASSUMED NAME 

TOURO
COLLEGE


New York City
, New York
County

 A provisional charter was granted to this corporation under the corporate name “Mid-Manhattan Institute for Psychoanalysis and Group Therapy” by action of the Board of Regents on June 26, 1970 to operate a four-year liberal arts college.  Such provisional charter was amended on April 11, 1973, on June 28, 1974, and extended on June 27, 1975 and was consolidated by Regents action on June 21, 1979 with Jewish Teachers Seminary and People’s University, a domestic corporation incorporated pursuant to Chapter 593 of the Laws of 1935 and with Herzliah Hebrew Teachers Institute, Inc., which was incorporated by action of the Board of Regents under the corporate name “Herzliah Hebrew Academy, Inc.” on February 15, 1923 and amended by Regents action on February 15, 1946 to change the corporate name to “Herzliah Hebrew Teachers Institute, Inc.” Such provisional charter was amended and extended numerous times, and was made absolute by Regents action on January 17, 1990.  Such absolute charter was amended by Regents action on various occasions with the last amendment being granted on March 21, 2006.  Such absolute charter was granted Regents consent on December 5, 2006 to authorize the corporation to use the assumed name “Touro College of Osteopathic Medicine” for its Medical School in New York City.  The board of trustees has requested that the Board of Regents consent to the filing of a certificate of assumed name pursuant to General Business Law §130 to authorize the corporation to use the assumed name “Children’s Health Education Foundation (CHEF).”   The Office of Higher Education recommends that the consent of the Board of Regents to the filing of such certificate of assumed name be granted.

THE CLIFTON SPRINGS HISTORICAL SOCIETY


Clifton
Springs, Ontario County

A provisional charter was granted to this corporation by action of the Board of Regents on June 25, 1993 to operate a historical society.  Such provisional charter was extended by Regents action on March 7, 2000.  The board of trustees has applied for an absolute charter.  The Office of Cultural Education recommends that the provisional charter be made absolute.

 

Appendix II

REGENTS ACTIONS IN 46 PROFESSIONAL DISCIPLINE CASES


AND 1 RESTORATION PETITION

June 23-24, 2008

              The Board of Regents announced disciplinary actions resulting in the revocation of 1 license, surrender of 7 licenses, and 38 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 petitions.

I. REVOCATIONS AND SURRENDERS

Chiropractic

              Mark Stephen Wegerski; P.O. Box 1601; Versailles, KY 40383; Lic. No. 005429; Cal. No. 23473; Application to surrender license granted. Summary: Licensee did not contest the charge of having been convicted of Petit Larceny, a misdemeanor.

Nursing

              Molly Andrews; Licensed Practical Nurse, Registered Professional Nurse; 308 Emann Drive, Camillus, NY 13031; Lic.Nos. 198113, 460118; Cal. Nos. 23676, 23675; Application to surrender licenses granted. Summary: Licensee did not contest the charge of ordering a nurse to transcribe a medication order onto the wrong medication administration record.

Pharmacy

              John Charles Wood; 211 Petkewec Road, Cooperstown, NY 13326; Lic. No. 047147; Cal. No. 23984; Application to surrender license granted. Summary: Licensee did not contest the charge of having been convicted of Driving While Intoxicated.

              Patrick Alan Nicol; 236 Edgecreek Trail, Rochester, NY 14609; Lic. No. 049856; Cal. No. 24032; Application to surrender license granted. Summary: Licensee did not contest the charge of having violated a term of probation.

Public Accountancy

              Carole D. Argo; Certified Public Accountant; 140 Wayne Street, Hauppauge, NY 11788; Lic. No. 057187; Cal. No. 23952; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted of Securities Fraud.

Social Work

               Jeffrey A. Johnson; Licensed Master Social Worker; 14 North Mohawk Street, Cohoes, NY 12047; Lic. No. 052053; Cal. No. 23695; Found guilty of professional misconduct; Penalty: Revocation.

Veterinary Medicine

              Eugene Johannes; P.O. Box F, Almond, NY 14804; Lic. No. 002335; Cal. No. 23859; Application to surrender license granted. Summary: Licensee did not contest the charge of having failed to adequately maintain records.

II. OTHER REGENTS DISCIPLINARY ACTIONS

Acupuncture

              Mike You Li; 711 West 171st Street, New York, NY 10032; Lic. No. 001122; Cal. No. 23809; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation.

Chiropractic

              Michael Thomas Feulner; 4 East 89th Street, New York, NY 10128; Lic. No. 010948; Cal. No. 23928; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $1,000 fine.

Dentistry

              John A. Massaro; Dentist; 218 Emann Drive, Camillus, NY 13312; Lic. No. 031179; Cal. No. 22844; Found guilty of professional misconduct; Penalty: Censure and Reprimand, 1 year probation.

              Elizabeth Yuabov; Dentist; 184-41 Aberdeen Road, Jamaica Estates, NY 11432; Lic. No. 044984; Cal. No. 23042; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,500 fine.

              Kathy Ann Grande; Dental Hygienist; 25 Elm Street, Chappaqua, NY 10514-3509; Lic. No. 023356; Cal. No. 23402; Application for consent order granted; Penalty agreed upon: 2 month actual suspension, 22 month stayed suspension, 24 months probation.

              Kathy Ann Grande; Dental Hygiene Restricted Local Infiltration Anesthesia/Nitrous Oxide Analgesia; 25 Elm Street, Chappaqua, NY 10514-3509; Cert. No. 000998; Cal. No. 23418; Application for consent order granted; Penalty agreed upon: 2 month actual suspension, 22 month stayed suspension, 24 months probation.

              Joseph Stewart Fishbein; Dentist; 2415 Jerusalem Avenue, Bellmore, NY 11710; Lic. No. 039272; Cal. No. 23813; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $3,000 fine.

              AttiliusCheng; Dentist; 215 Park Row, New York, NY 10038; Lic. No. 041222; Cal. No. 23867; Application for consent order granted; Penalty agreed upon: 6 month actual suspension, 18 month stayed suspension, 2 years probation, $10,000 fine.

              Ki-Sung Sung; Dentist; 960 Calle del Pacifico, Glendale, CA 91208; Lic. No. 050918; Cal. No. 23868; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation to commence if and when return to practice in the State of New York, $3,000 fine payable within 30 days.

              ChandaKale; Dentist; 414  54th Street, Brooklyn, NY 11220-3105; Lic. No. 035474; Cal. No. 23917; Application for consent order granted; Penalty agreed upon: 1 specific month actual suspension [August 5, 2008 to and including September 4, 2008,] 23 month stayed suspension, 2 years probation, $5,000 fine.

              Steven I. Mitgang; Dentist; 7000 Boulevard East, Guttenberg, NJ 07093; Lic. No. 030576; Cal. No. 23919; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,500 fine.

Nursing

              Sherri Lynn Sauerhafer; Licensed Practical Nurse; 123 Griffith Street, Rochester, NY 14607; Lic. No. 190064; Cal. No. 23349; Found guilty of professional misconduct; Penalty: Indefinite actual suspension until fit to practice, upon termination of suspension 2 years probation to commence if and when return to practice.

              Cathy Lee Cornell; Registered Professional Nurse; 9 Appletree Drive, Gardiner, NY 12525; Lic. No. 402826; Cal. No. 23572; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

              JacquilynMarie Maroney; Licensed Practical Nurse; 120 Broadway, Lynbrook, NY 11563; Lic. No. 241296; Cal. No. 23715; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation.

              Lisa Marie Boehlke; Registered Professional Nurse; 26 Alma Avenue, Hudson Falls, NY 12839; Lic. No. 550824; Cal. No. 23760; Found guilty of professional misconduct; Penalty: 2 year suspension, execution of last 22 months of suspension stayed, 24 months probation.

              Lauren Marie Zimmer a/k/a Lauren Marie Camara; Registered Professional Nurse; 57 Dandelion Road, Rocky Point, NY 11778; Lic. No. 474290; Cal. No. 23793; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $1,000 fine.

              Kara Hayes a/k/a Kara Kramer a/k/a Kara Martin; Registered Professional Nurse; 20 Indian Pipe, Painted Post, NY  14870; Lic. No. 474197; Cal. No. 23848; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice, upon termination of suspension 2 years probation to commence if and when return to practice in the State of New York, $500 fine payable within 6 months.

              Robin Mary Robinson; Licensed Practical Nurse; 320 A Church Street, North Syracuse, NY 13212; Lic. No. 237978; Cal. No. 23871; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $250 fine.

              ErnalynR. Jose-Zara; Licensed Practical Nurse, Registered Professional Nurse; 82-25  165th Street, Jamaica, NY 11432; Lic. Nos. 259193, 509425; Cal. Nos. 23872, 23873; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 24 months probation, $1,500 fine.

              Margaret Mary Freda a/k/a Margaret M. Durney; Licensed Practical Nurse, Registered Professional Nurse; 1634 Research Avenue, Bronx, NY 10465; Lic. Nos. 140895, 328873; Cal. Nos. 23888, 23889; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, concurrent partial actual suspension in certain area, 2 years probation, $500 fine.

              DorettaGadsden; Licensed Practical Nurse, Registered Professional Nurse; 1818 Newkirk Avenue, Brooklyn, NY 11226; Lic. Nos. 230306, 453908; Cal. Nos. 23890, 23891; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation.

              Victor Moonsammy; Licensed Practical Nurse, Registered Professional Nurse; 135-24  128th Street, South Ozone Park, NY 11420; Lic. Nos. 202187, 460626; Cal. Nos. 23892, 23893; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation.

              Donna Gayle Consiglio; Registered Professional Nurse; 1602 Waterford Road, Walworth, NY 14568; Lic. No. 437662; Cal. No. 23941; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

              Sharon Yvette Perry; Registered Professional Nurse, Nurse Practitioner; 28 The Court, New Rochelle, NY 10801; Lic. No. 450961, Cert. No. 381417; Cal. Nos. 23948, 23949; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 24 months probation, $1,000 fine.

Ophthalmic Dispensing

              Mark Joseph Ripton; 8 Crescent Road, Fairport, NY 14450; Lic. No. 004841; Cal. No. 23906; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Pharmacy

              Donald Wallace Arthur, Jr.; 208 Halston Parkway, East Amherst, NY 14051; Lic. No. 036529; Cal. No. 23543; Found guilty of professional misconduct; Penalty: 2 year suspension, execution of last 22 months of suspension stayed, upon return to practice 2 years probation, $2,000 fine.

              Victor DeVagno, Jr.; 147-37  24th Avenue, Whitestone, NY 11357-3519; Lic. No. 034046; Cal. No. 23643; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

              Kevin Wo; 48 Deepdale Drive, Great Neck, NY 11021; Lic. No. 047915; Cal. No. 23657; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation, $5,000 fine.

              Mohammed Iqbal Khan; 109-67  133rd Street, South Ozone Park, NY 11420; Lic. No. 042687; Cal. No. 23745; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $2,500 fine.

              Silvia Orestia Crainiciuc; 38-21  29th Street, Long Island City, NY 11101; Lic. No. 043371; Cal. No. 23757; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,000 fine.

              SeonJung Shelly Park; 43-06  45th Street, Sunnyside, NY 11104; Lic. No. 046554; Cal. No. 23850; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,500 fine.

Physical Therapy

              Paul Thomas Branda; 821 Foster Avenue, Brooklyn, NY 11230-1304; Lic. No. 003197; Cal. No. 23901; 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.

              Douglas H. Frey; P.O. Box 311, Gowanda, NY 14070-0311; Lic. No. 003884; Cal. No. 23940; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for no less than 6 months and until fit to practice, upon termination of suspension 2 years probation to commence upon return to practice.

III. RESTORATIONS

              The Board of Regents voted on June 24, 2008 to deny the petition of Louis V. Laricchia, 2 Burling Avenue, White Plains, NY 10605, for restoration of his pharmacist license until such time as he has successfully passed the North American Pharmacist Licensure Examination (NAPLEX) and the Multi-State Pharmacy Jurisprudence Examination (MPJE) and has sent written proof of his passing scores to the Director of the Office of Professional Discipline, who shall then notify Mr. Laricchia that the Order of Revocation of his license to practice as a pharmacist in the State of New York is stayed for  two years, that he has been placed on probation for two years under terms and conditions recommended by the Committee on the Professions, and that, upon satisfactory completion of the probationary period, his license shall be fully restored. Mr. Laricchia’s license was originally revoked effective December 11, 1998.