SUMMARY OF THE JANUARY 2005 MEETING

OF THE BOARD OF REGENTS

OF

THE UNIVERSITY OF THE STATE OF NEW YORK

 

Held at the State Education Building
Albany, New York

 

JANUARY 10 AND 11, 2005

 

David Johnson, Secretary
Board of Regents


THE BOARD OF REGENTS

 

          The Board of Regents of The University of the State of New York held two public sessions on Monday, January 10, at 10:00 a.m. and Tuesday, January 11, at 10:30 a.m. pursuant to a call duly sent to each Regent.

 

MEETING OF THE FULL BOARD, Monday, January 10, 10:00 a.m.

 

Board Members in Attendance:

 

Robert M. Bennett, Chancellor
Diane McGivern
James C. Dawson
Anthony S. Bottar
Merryl H. Tisch
Geraldine D. Chapey
Arnold B. Gardner
Harry Phillips, 3rd
Joseph E. Bowman, Jr.
Lorraine A. Cortés-Vázquez
James R. Tallon, Jr.
John Brademas

 

          Also present were the President of The University and Commissioner of Education, Richard P. Mills, Chief of Staff and Counsel and Deputy Commissioner for Legal Affairs, Kathy A. Ahearn, and the Secretary, Board of Regents, David Johnson.  Vice Chancellor Adelaide L. Sanford and Regents Saul B. Cohen and Milton L. Cofield were absent and excused.

 

          Chancellor Bennett called the meeting to order at 10:00 a.m.

 

 

ACTION ITEMS

 

Executive Session Motion

 

          MOVED, that the Board of Regents convene in executive session on Monday, January 10 at 6:00 p.m. for the purpose of discussing pending litigation.

 

          Motion by:            Regent James C. Dawson       
          Seconded by:       Regent Arnold B. Gardner
          Action:                   Motion carried unanimously

 


 

 

Summary of the December 2004 Meeting

BR (A) 2

 

          MOVED, that the Summary of the December 2004 Meeting of the Board of Regents of The University of the State of New York be approved.

 

          Motion by:            Regent Merryl H. Tisch
          Seconded by:       Regent Joseph E. Bowman, Jr.
          Action:                  Motion carried unanimously

 

 

Appeals Pursuant to Education Law Section 310 Involving Homeless Children

BR (A) 4

 

          The Board reviewed for emergency action a proposed amendment of Parts 275 and 276 and section 100.1(x) of the Regulations of the Commissioner of Education.

 

          The proposed amendment modifies the procedures concerning appeals involving homeless children that are brought pursuant to Education Law section 310, to conform the Commissioner’s Regulations to the requirements of the federal McKinney-Vento Homeless Education Assistance Act (42 U.S.C. sections 11431 et seq.), as amended by the federal No Child Left Behind Act of 2001 (NCLB) [Pub.L. 107-110].

 

          It is anticipated that the proposed amendment will be presented for adoption as a permanent rule at the May 16-17, 2005 Regents meeting, effective June 9, 2005.  A Notice of Emergency Adoption and Proposed Rule Making will be published in the State Register on February 2, 2005.

 

          MOVED, that Parts 275 and 276 and paragraph (7) of subdivision (x) of section 100.2 of the Regulations of the Commissioner of Education be amended as submitted, effective January 18, 2005, as an emergency action plan upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare in order to immediately conform the Commissioner’s Regulations regarding the procedures for appeals involving homeless children that are brought pursuant to Education Law section 310 to the requirements of the federal McKinney-Vento Homeless Education Assistance Act (42 U.S.C. sections 11431 et seq.), as amended by the federal No Child Left Behind Act of 2001 (NCLB) [Pub.L. 107-110], and thereby ensure the rights of homeless individuals consistent with federal statutes and ensure compliance with requirements for receipt of federal funds.

 

          Motion by:            Regent Joseph E. Bowman, Jr.
          Seconded by:       Regent Geraldine D. Chapey
          Action:                  Motion carried unanimously

 

 

State Education Department December 2004 Fiscal Report

BR (A) 6

 

          The Board received the December 2004 Fiscal Report for review and acceptance.  Also included was the December Variance Report with adjustments reflecting deficits in Tenured Teacher Hearing Costs and Proprietary School Tuition Reimbursements.

 

          General Fund and federal accounts are in structural balance.  All revenue accounts are in balance, allowing for normal reimbursement delays and the planned use of prior year balances.

 

          MOVED,  that the Board of Regents accept the December 2004 State Education Department Fiscal Report as presented.

 

          Motion by:            Regent Harry Phillips, 3rd
          Seconded by:       Regent Joseph E. Bowman, Jr.
          Action:                  Motion carried unanimously

 

 

DISCUSSION ITEM

 

Commissioner’s Report to the Board

 

          The Commissioner’s written monthly report focused on seven subject areas:  Assessment Review and Action; Annual Report on Charter Schools; Implementing Regents Policy on Middle Level; Adult Work Readiness Credential; A Teacher Policy Decision; Adjusting Policy to Comport with IDEA; and PreK-8 Mathematics Standards.

 

          In discussion, it was suggested that the Higher Education and Professional Practice Committee schedule a discussion on an evaluation of the State’s teaching force and that consideration be given to the inclusion of an additional assessment strategy on teaching placement and preparation.

 

 



 


 

MEETING OF THE FULL BOARD, Tuesday, January 11, 10:30 a.m.

 

Board Members in Attendance:

 

Robert M. Bennett, Chancellor
Diane McGivern
James C. Dawson
Anthony S. Bottar
Merryl H. Tisch
Geraldine D. Chapey
Arnold B. Gardner
Harry Phillips, 3rd
Joseph E. Bowman, Jr.
James R. Tallon, Jr.
John Brademas

 

          Also present were the President of The University and Commissioner of Education, Richard P. Mills, Chief of Staff and Counsel and Deputy Commissioner for Legal Affairs, Kathy A. Ahearn, and the Secretary, Board of Regents, David Johnson.  Vice Chancellor Adelaide L. Sanford and Regents Saul B. Cohen, Lorraine A. Cortés-Vázquez and Milton L. Cofield were absent and excused.

 

          Chancellor Bennett called the meeting to order at 10:30 a.m.

 

 

ACTION ITEMS

 

 

Annual Report to the Governor and Legislature on the Status of Charter Schools in New York State 2002-03

BR (A) 3

 

          The Board is required to report annually to the Governor, the Temporary President of the Senate, and the Speaker of the Assembly on the status of charter schools in New York State, through section 2857(3) of Education Law.

 

          In discussion, Board members questioned the success of charter schools generally in meeting the requirements of special needs students, the learning and achievement levels of students in charter schools compared to the public schools, and a suggestion that the proposal, allowing successful charter schools up to ten years for the renewal of charters, have requirements for this opportunity codified through regulation.

 


 

          MOVED, that the Board of Regents approve the 2002-03 Annual Report to the Governor, the Temporary President of the Senate, and the Speaker of the Assembly on the status of charter schools in New York State in the 2002-03 school year, pursuant to section 2857(3) of the Education Law.

 

          Motion by:            Regent Merryl H. Tisch
          Seconded by:       Regent Joseph E. Bowman, Jr.
          Action:                 Motion carried unanimously

 

 

Mathematics Standards (Pre-kindergarten through Grade 8)

BR (A) 7

 

          At the November meeting of the Board of Regents the Board received the draft report of the Mathematics Standards Committee and concurred with the Committee that there should be a public comment period on the report and its recommendations.

 

          The public comment period concluded with the Department receiving 2,021 responses to the on-line survey and 56 written responses on the proposed learning standards in mathematics.

 

          Following a review of public comments, the Committee makes the following recommendations: that the revised standards and performance indicators included in the addendum to the draft report, which encompasses grades pre-kindergarten through eight, be adopted; that work continue on the high school program and that the Committee be permitted to bring forth recommendations as soon as possible; and that there is continuing support for its original Recommendation II (grade-by-grade curricula), Recommendation 12A, B, C and D (Technology) and Recommendation 13 (teacher preparation and training), which is originally from the Independent Math A report.

 

          In discussion, Board members raised the issue of the time of the year for test administration, requested information on the impact of the revised standards on special needs students, and the placement of emphasis on the smooth transition between grades 8 and 9 as the high school standards recommendations are developed.

 

          MOVED, that the Board of Regents accept the recommendations of the Mathematics Standards Committee on revising the pre-kindergarten through grade 8 Mathematics Learning Standards as presented in the attached report, Mathematics Standards Committee Addendum to the Report to the New York State Commissioner of Education.

 

          Motion by:            Regent Harry Phillips, 3rd
          Seconded by:       Regent Joseph E. Bowman, Jr.
          Action:                  Motion carried unanimously


 

 

STANDING COMMITTEE REPORTS

 

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

 

          Motion by:            Regent James R. Tallon, Jr.
          Seconded by:       Regent John Brademas
          Action:                  Motion carried.  (Regent Arnold B. Gardner voted nay on the Higher Education and Professional Practice Committee report.)

 

 

REGENTS COMMITTEE ON CULTURAL EDUCATION

 

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

 

          Your Committee on Cultural Education had its scheduled meeting on January 10, 2005 in the Regents Room of the State Education Building.  Regents Dawson, Bowman, Cortés-Vázquez, Brademas, Phillips, Tisch and Tallon were in attendance.  Chancellor Bennett and Vice Chancellor Sanford were absent.

 

ACTION ITEMS

 

            Your Committee reviewed the summary recommendations with respect to charter applications.  Items listed under Cultural Education were recommended for approval. 

 

ITEMS NOT REQUIRING ACTION

 

            Chris Ward, Assistant Commissioner and State Archivist introduced Robert Bullock as the new Director of the Archives Partnership Trust.  Clifford Siegfried, Assistant Commissioner and Director of the State Museum introduced Gary Ferris as new Chief Development Officer for the New York State Museum Institute.

 

          Janet Welch, State Librarian and Assistant Commissioner for Libraries updated your committee on the New York State Research Library’s successful pilot project extending borrowing privileges to all New York State residents 18 years of age and older.  The State Library will recommend that the Regulations of the Commissioner be amended to authorize the permanent addition of New York State residents as a category of eligible borrowers.


 

          Janet Welch led discussion on how the State Library and its partner organizations will continue to develop plans to:

 

·       restore library funding; and

·       raise awareness of New Century Libraries and make this Regents priority legislation a reality.

 

 

 

REGENTS COMMITTEE ON ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION-VOCATIONAL AND EDUCATIONAL SERVICES FOR INDIVIDUALS WITH DISABILITIES

 

          Your EMSC-VESID Committee held its scheduled meeting on January 10, 2005.  All members were present.

 

ACTION ITEMS

 

Charter Applications

 

·       Your Committee recommends approval of the charter applications relating to elementary, middle, secondary and continuing education.  [BR (A) 1; EMSC-VESID (A) 4]

 

Charter Schools

 

·       Your Committee recommends approval of the proposed revisions to the charters of the Peninsula Preparatory Academy Charter School and the Sisulu Children's Academy-Harlem Public Charter School.  [EMSC-VESID (A) 2]

 

·       Your Committee recommends approval of the charter agreement of the Urban Choice Charter School, Rochester, and the incorporation of such school by granting a provisional charter for a period of five years.  [EMSC-VESID (A) 3]

 

·       Your Committee recommends approval of the charter agreement of the Genesee Community Charter School, Rochester, and the extension of its provisional charter for a period of five years.  [EMSC-VESID (A) 3]

 

·       Your Committee recommends approval of the charter agreement of the Harriet Tubman Charter School, New York City, an amendment to change the corporate address and an extension of its provisional charter for a period of two years.  [EMSC-VESID (A) 3]

 


 

Appointments

 

·       Your Committee recommends that the following individuals be appointed to fill vacancies on the State Rehabilitation Council:  Howard Gross, Dora Lee Stanley and Gina Regensburger to serve three-year terms ending December 31, 2007; Susan Dooha to fill an unexpired term ending December 31, 2005; and Lisa Koop-Yilmaz, Sharon McKee, Janice Silber and Gina Tarantino to be reappointed to serve three-year terms ending December 31, 2007.  [EMSC-VESID (CA) 1.

 

 

MOTION FOR ACTION BY FULL BOARD

 

          Mr. Chancellor and Members of the Board:  Your EMSC-VESID Committee recommends, and I move, that the Board of Regents act affirmatively upon each of the recommendations set forth in the written report of the deliberations of the Committee at its meeting on January 10, 2005, copies of which have been distributed to each Regent.

 

 

MATTERS NOT REQUIRING BOARD ACTION

 

Strategy to implement the Regents Policy Statement on Middle-Level Education  [EMSC-VESID (A) 1]

 

The Committee did not take action on the strategy in January, and the item will be resubmitted in February with modifications in the following areas:  clarification on the limitation of applications under Model C for full educational programs vs. specific program enhancements; on page 8, the reference to the Regents "initially" setting a limit of 50 applications for Model C for full educational programs will be eliminated; and on page 8, reference to applications for Model C from districts on behalf of a school or group of schools will be clarified.  Committee members also offered the following suggestions/comments:  after the strategy is approved, SED staff would be asked to report periodically on the applications approved under Models B and C; the regulatory language should address the enhancement of career and technical education, and the definition and benchmarks for youth development and how the benchmarks will be measured; the goal of implementation of the strategy should be emphasized as preparing students for ninth grade; the Regents Policy Statement on Middle-Level Education should be attached to the strategy paper when the approved strategy is disseminated; and an emphasis on partnerships with teacher education institutions and their support should be addressed.

 

Report on Individuals with Disabilities Education Improvement Act  [EMSC-VESID (D) 2]

 

Comments/suggestions by Committee members included the following:  schedule a joint meeting with the Regents Committee on Higher Education and Professional Practice to discuss the highly qualified provisions under No Child Left Behind and New York State certification requirements for special education teachers; consider an age earlier than age 16, as required in federal law, to begin planning for transition services for students with disabilities; professional development is needed on the development of IEPs; communications with school districts should emphasize that they retain responsibility for providing services to students with disabilities regardless of federal funding; and implementation of the Act needs to be in alignment with the federal McKinney-Vento Homeless Education Assistance Act.  The Committee requested that a report be submitted in March on what actions SED has undertaken to improve the performance outcomes of students with disabilities.

 

Assessment review and action on student performance results for the 2000 student cohort  [EMSC-VESID (D) 3]

 

Comments by Committee members included:  concern that the 95 percent attendance requirement for the appeals process may be unrealistic in some areas; students should have the opportunity to use the appeals process when there are limitations in services provided to the student by the school (i.e., qualified teachers, technology, library); the timeline for discussion/action by the Board on the passing score on Regents exams needs to be determined; the degree of State intervention and support for the New York City school district needs to be determined along with the extent of local effort to be contributed; the extra burden on superintendents of the appeal process and the possibility that the responsibility would be delegated; various advisory groups and the District Superintendents should be asked to provide input on the proposed interventions; the consequences if a district does not move forward with the intervention strategies and improvements should be identified; and more information on the experience of other states in using industry-based technical assessments is needed.  The Committee requested an analysis of the number and timing of middle grade assessments for discussion in February in conjunction with the middle-level proposed strategy.

 

Due to time constraints, the Committee was unable to discuss the following report:

 

o      Report on work readiness credential  [EMSC-VESID (D) 1]

 

 

 


 

REGENTS COMMITTEE ON HIGHER EDUCATION AND PROFESSIONAL PRACTICE

                       

          Your Higher Education and Professional Practice Committee held its scheduled meeting on January 10, 2005.   All members were present except Regent Saul B. Cohen and Regent Milton L. Cofield, who were excused.

 

        ACTION ITEMS

Professional Discipline Cases

          Your Committee recommends that the reports of the Regents Review Committees, including rulings, findings of fact, determinations as to guilt, and recommendations, by unanimous or majority vote, contained in those reports which have been distributed to you, be accepted in seven cases.  In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 22 consent order applications and 2 surrender applications be granted.

 

          In the case of Myrlande Valme Michel, R.N., Calendar No. 19802, Regent Merryl H. Tisch abstained.

 

          These recommendations are made following the review of 31 cases involving 7 licensed practical nurses, 5 licensed practical nurses who are also registered professional nurses, 2 registered professional nurses, 2 pharmacists, 2 certified social workers, 2 professional engineers, 1 architect, 1 chiropractor, and 1 dentist.

 

Restoration Petitions

 

Voted, that the Board of Regents grant the petition for restoration of the certified public accountant license of Stan Bleiman.   [HE & PP EXS (A) 3]

 

Discussion and action on one case involving the restoration of a physician license was deferred until the February committee meeting.  [HE & PP EXS (A) 4]

 

Consent Agenda Items

 

           Item HE & PP (CA) 1 (Manhattan Institute of Management, Inc.: Renewal of Permission to Operate) was withdrawn from discussion and action.  The item will be resubmitted at a future meeting.

         

Your Committee recommends that the Board of Regents authorize The King’s College to amend its master plan, effective January 11, 2005, to offer the Bachelor of Arts (B.A.) degree in Politics, Philosophy, and Economics.  This amendment will be effective until January 31, 2006, unless the Department registers the program prior to that date, in which case master plan amendment shall be without term.  [HE & PP (CA) 2]

 

          Your Committee recommends that the Board of Regents confer the Master of Arts degree upon 8 graduates of the Center for Economics Research and Graduate Education – Economics Institute (CERGE-EI); the Associate in Occupational Studies degree upon 46 graduates of Long Island Business Institute, a diploma upon 7 graduates of Long Island Business Institute and a certificate upon 1 graduate of Long Island Business Institute.  [HE & PP (CA) 3]

 

Your Committee recommends that the Regents approve the recommendations of the Committee on the Professions regarding Licensing Petitions.  [HE & PP (CA) 4]

         

Your Committee recommends that the Board of Regents authorize St. Francis College to amend its master plan, effective January 11, 2005, to offer a Bachelor of Science/Master of Science program in accounting.  This approval will be effective only until January 31, 2006, unless the Department registers the program prior to that date, in which case master plan amendment shall be without term.  This action does not authorize additional master’s degree programs at St. Francis College without further Regents action to approve an additional master plan amendment.  [HE & PP (CA) 5]

 

Your Committee recommends that the Board of Regents authorize the Boston Graduate School of Psychoanalysis, effective January 11, 2005, to offer the Master of Arts (M.A.) degree in Psychoanalysis.  This amendment will be effective until January 31, 2006, unless the program is registered by the Department prior to that date, in which case master plan amendment shall be without term.  [HE & PP (CA) 6]

 

  Your Committee recommends that the Regents approve the following appointment to the State Boards for the Professions:  [HE & PP (CA) 7]

 

State Board for Engineering and Land Surveying - appoint Joseph P. Berger (Poughkeepsie) for a term commencing February 1, 2005, and expiring January 31, 2010.

 

Your Committee also recommends that the Regents approve the following appointment of an auxiliary member to the State Boards for the Professions for service on licensure restoration and moral character panels: [HE & PP (CA) 7]

 

State Board for Medicine - appoint Balvindar S. Sareen (New Hyde Park) for a term commencing February 1, 2005, and expiring January 31, 2010.

         

          Your Committee recommends that the Regents approve an amendment to: the absolute charter of the Postgraduate Center for Mental Health to indicate that the principal office of the corporation is to be located in the borough of Manhattan, city, county, and state of New York and to add authority for the corporation to operate residential services for people with mental disabilities; the absolute charter of St. Francis College to add authority for the corporation to award the degree Master of Science (M.S.); the provisional charter of Sloan-Kettering Graduate School of Biomedical Sciences to change the corporate name to Louis V. Gerstner, Jr. Graduate School of Biomedical Sciences, Memorial Sloan-Kettering Cancer Center; the absolute charter of Touro College to add authority for the corporation to award the degree of Master of Public Health (M.P.H.); and that a provisional charter be granted for a period of five years to the Boston Graduate School of Psychoanalysis to form a corporation to operate a school conducting a program of graduate study leading to the degree of Master of Arts in Psychoanalysis.   [BR (A) 1]

 

ACTION ITEMS

Action on Item HE&PP (A) 1 (Renewal of Institutional Accreditation for The King’s College) was deferred until the February committee meeting.

 

Your Committee recommends that the Board of Regents grant institutional accreditation to The Salvation Army School for Officer Training, effective January 11, 2005, for a period beginning immediately and ending on January 10, 2015.  [HE & PP (A) 2]

 

Your Committee recommends that the Board of Regents grant accreditation with condition to Wood/Tobe Coburn School, Inc., for a period of ten years, beginning March 18, 2005, and ending March 17, 2015.  During that period, the College shall provide the report described in the recommendations of the Regents Advisory Council on Institutional Accreditation in its action of December 10, 2004.  [HE & PP (A) 3]

 

Your Committee recommends that the Board of Regents grant accreditation of the teacher education programs offered by Barnard College, including the stipulations identified in the Summary of Application for Accreditation, effective January 11, 2005, for a period beginning immediately and ending on January 10, 2012.  [HE & PP (A) 4]

 

Your Committee recommends that the Board of Regents confer the Associate in Science degree in Judaic Studies upon 56 graduates of Gamla College. [HE & PP (A) 5]

 

Your Committee recommends that the Board of Regents approve the amendment of paragraph (1) of subdivision (a) of Section 80-3.3 and clause (h) of subparagraph (i) of paragraph (2) of subdivision (b) of Section 52.21 of the Regulations of the Commissioner of Education effective February 3, 2005.  The amendments extend the life of the Initial teaching certificate to five years, and they allow for greater flexibility in staffing teacher preparation programs, under certain conditions.   [HE & PP (A) 6]

 

Your Committee recommends that the Board of Regents approve the addition of Section 52.35 and Subpart 79-12 of the Regulations of the Commissioner of Education to establish licensure requirements and registered program standards in the profession of psychoanalysis.   [HE & PP (A) 7]

 

Your Committee recommends that the Board of Regents approve the addition of Section 52.32 and Subpart 79-9 of the Regulations of the Commissioner of Education to establish licensure requirements and registered program standards in the profession of mental health counseling.  [HE & PP (A) 8]

 

Your Committee recommends that the Board of Regents approve the addition of Section 52.33 and Subpart 79-10 of the Regulations of the Commissioner of Education to establish licensure requirements and registered program standards in the profession of marriage and family therapy.  [HE & PP (A) 9]

 

Your Committee recommends that the Board of Regents approve the addition of Section 52.34 and Subpart 79-11 of the Regulations of the Commissioner of Education to establish licensure requirements and registered program standards in the profession of creative arts therapy.  [HE & PP (A) 10]

         

MATTERS NOT REQUIRING BOARD ACTION

 

Your Committee discussed several topics of interest, including:  

 

Social Work Regulations  [HE & PP (D) 1]

The Committee discussed a proposed amendment to conform social work regulations to Chapter 230 of the Laws of 2004 which addresses licensure requirements and authorization for insurance reimbursement.

 

Update on Educational Leadership Initiative [HE & PP (D) 2]

 

The Committee was provided an update on the activities that have been completed since the Leadership Initiative was first discussed in 2002.  The Blue Ribbon Panel on School Leadership crafted a definition of the knowledge and skills required of school leaders that form the foundation of New York’s leadership development effort.  Department staff subsequently developed draft regulatory language to incorporate the essential knowledge and skills for effective school leadership into the educational preparation and certification standards for future administrative and supervisory school leaders.   Those were released in December of 2002.  After significant additional consideration and a series of public forums, in July 2003 the Board of Regents adopted new standards for the education and training of education leaders that included a number of important improvements to the way leaders were previously prepared.  To date, the Department has registered 116 educational leadership programs consistent with the new standards.

 

In the coming months the Board of Regents will be reviewing regulations that set out the specific requirements for the certification of administrative and supervisory educational leaders, including a certification examination.

 

Development of the Statewide Plan for Higher Education  [HE & PP (D) 3]

 

The Committee continued their discussion of the Statewide Plan.  Modifications are continuing to be made to the Plan.  At the February meeting, the next version of the Plan will be discussed along with a summary of the Plan with critical data points, brief descriptions of the Regents priorities, examples of initiatives proposed to address the priorities, and potential benchmarks for tracking progress. 

 

       MOTION FOR ACTION BY FULL BOARD

         

Mr. Chancellor and Colleagues:  Your Higher Education and Professional Practice 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 January 10, 2005, copies of which have been distributed to each Regent.

 

REGENTS COMMITTEE ON QUALITY

 

Chancellor Robert Bennett presented on behalf of the Committee the following written report:

 

Your Committee on Quality held its scheduled meeting on January 11, 2005. Chancellor Bennett, and Regent Bowman were present.  Regents Brademas, Chapey, Gardner, McGivern, Phillips, and Tisch also attended.

 

APPROVAL

 

No items were recommended for formal approval by the Regents.

 

 

MATTERS NOT REQUIRING BOARD ACTION

 

l     Your Committee reviewed the final draft of the Commissioner’s Performance Agreement for 2005.  It was the sense of the Board members present that the document was acceptable. The Chancellor will sign it.

 

l     Your Committee reviewed the Commissioner’s essay on potential Board priorities for 2005.  This essay describes the list of priorities developed by the Board in its July retreat and December mini-retreat.  Members present requested that special education issues be highlighted more under the first priority of raising achievement and closing the achievement.  With this revision, the Chancellor will ask Committee Chairs, the Commissioner and the Deputies to update the Board’s 24-month calendar to reflect these priorities.

 

l     Your Committee received an update on planning for the USNY Summit. 

 

The Summit will be held November 2, 2005, as part of the monthly Board meeting in Albany at the Empire State Plaza.

 

The theme will be about mobilizing USNY resources for a strong future for New York.  The Summit will focus on the goals of higher standards for the performance of the system overall and closing the achievement gaps PreK-16.  The conversation will focus on developing -- and committing to -- innovative solutions.

 

The Summit will be preceded by seven regional conversations to be held during the spring. Each regional conversation will be convened by a local district superintendent with the active cooperation of a college president or chief executive officer of a major cultural institution, and a business executive from the region.

 

The Summit will be followed by assertive implementation of a few strategies agreed to at the meeting, another series of regional conversations, and a second Summit two years out.

 

l     Your Committee reviewed the draft strategic plan, which will be submitted to the full Board for approval in February.

 

APPENDIX I

NEW YORK STATE BOARD OF REGENTS

CHARTER ACTIONS

 

EDINBURG HISTORICAL SOCIETY.  An application having been made by and on behalf of the trustees of Edinburg Historical Society for its provisional charter to be made absolute, and it appearing to the satisfaction of the Regents that the conditions for an absolute charter have been met, it was

          Voted, that the provisional charter of the Edinburg Historical Society, located in Edinburg, county of Saratoga, state of New York, which was granted by action of the Board of Regents on November 3, 1995 be, and the same hereby is, made absolute.

 

THE MESERVE-KUNHARDT FOUNDATION

          Voted, that

          1.          A provisional charter valid for a term of five years is granted incorporating Curtis Viebranz, Laura Brown, Nina Freedman, Peter W. Kunhardt, Philip B. Kunhardt III and their associates and successors as an education corporation under the corporate name of The Meserve-Kunhardt Foundation, located in Chappaqua, county of Westchester, state of New York.

2.             The purposes for which such corporation is formed are:

a. To acquire, own, hold, preserve and protect historical materials, including the collection of historical photographs known as the Meserve-Kunhardt Collection;

b. To establish, foster and enhance means and modalities of exhibition of the corporation’s photographic archives;

c. To create multi-media educational content using the photographic archives of the corporation and other resources; and

d. To promote a wide range of educational content and learning opportunities designed to inform, enrich, entertain and inspire, including producing educational materials, related to history, the history of the United States and to its values of freedom and democracy, and specifically include the exploring and supporting the development of the American Museum of Freedom in the city of New York.

          3.            The persons named as incorporators shall constitute the first board of trustees.  The board shall have power to adopt bylaws, including therein provisions fixing the method of election and the term of office of trustees, and shall have power by vote of two-thirds of all the members of the board of trustees to change the number of trustees to be not more than 25 nor less than 5.

          4.          The names and post office addresses of the first trustees are as follows:                                                     

Curtis Viebranz

Tacoda Systems, Inc.

345 7th Avenue

New York, New York 10011

 

Laura Brown

Oxford University Press

198 Madison Avenue

New York, New York 10016

 

Nina Freedman

111 West Patent Road

Mt. Kisco, New York 10549

 

Peter W. Kunhardt

20 Hog Hill Road

Chappaqua, New York 10514

 

Philip B. Kunhardt III

P.O. Box  33

Waccabuc, New York 10597

 

          5.          The corporation hereby created shall be a non-stock corporation organized and operated exclusively for educational purposes, as defined in section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future federal tax code), and no part of the net earnings or net income shall inure to the benefit of any member, trustee, director or officer of the corporation, or any private individual (except that reasonable compensation may be paid for services rendered to or for the corporation), and no member, trustee, director or officer of the corporation, or any private individual, shall be entitled to share in the distribution of any of the corporate assets upon dissolution of the corporation.

          6.          Notwithstanding any other provision of these articles, the corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future federal tax code) or (b) by a corporation, contributions to which are deductible under section 170(c)(2) of the Internal Revenue Code of 1986 (or the corresponding provision of any future federal tax code).

          7.          No substantial part of the activities of the corporation shall be devoted to carrying on propaganda, or otherwise attempting to influence legislation, (except to the extent authorized by Internal Revenue Code section 501(h) as amended, or the corresponding provision of any future federal tax code, during any fiscal year or years in which the corporation has chosen to utilize the benefits authorized by the statutory provision) and the corporation shall not participate in or intervene (including the publishing or distribution of statements) in any political campaign on behalf of or in opposition to any candidate for public office.

          8.          Upon dissolution of the corporation, the board of trustees shall, after paying or making provision for the payment of all the liabilities of the corporation, dispose of the remaining assets of the corporation exclusively for one or more exempt purposes, within the meaning of section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future federal tax code), or shall distribute the same to the federal government, or to a state or local government, for a public purpose.  Any such assets not so disposed of shall be disposed of by order of the Supreme Court of the State of New York in the judicial district where the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations, organized and operated exclusively for such purposes, as said Court shall determine.

  9.          The institution to be maintained by the proposed corporation shall be 480 Bedford Road, Chappaqua, New York 10514.

10.          The Commissioner of Education is designated as the representative of the corporation upon whom process in any action or proceeding against it may be served.

          11.          Such provisional charter will be made absolute if, within five years after the date when this charter is granted, the corporation shall acquire resources and equipment which are available for its use and support and which are sufficient and suitable for its chartered purposes in the judgment of the Regents of the University, and shall be maintaining an institution of educational usefulness and character satisfactory to the Regents.  Prior to the expiration of said five-year period, an application for the extension of such provisional charter or for an absolute charter will be entertained by the Regents, but in the event that such application is not made, then at the expiration of said term of five years, and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

 

SHINNECOCK CANAL MARITIME HERITAGE CENTER

          Voted, that

          1.          A provisional charter valid for a term of five years is granted incorporating Jerilynn Z. Barr, Maud Kramer, William Holian, Barbara Moeller, Roger, Tollefsen, Susan von Freddi, Edward Warner, John Zuccarelli and their associates and successors as an education corporation under the corporate name of Shinnecock Canal Maritime Heritage Center, located in Hampton Bays, county of Suffolk, state of New York.

2.             The purposes for which such corporation is formed are:

a. To disseminate and encourage a greater knowledge of the history of the Shinnecock Canal and surrounding area, and of the marine cycles of Peconic and Shinnecock Bays;

b. To promote maritime history and original historical research;

c. To gather, collect, own, hold, preserve, display and make available appropriate artifacts, books, manuscripts, photographs, and other records and materials;

d. To encourage the suitable marking of places of historic interest;

e. To acquire, restore, preserve and maintain historic maritime sites and structures;

f. To encourage public interest in history, hold meetings, programs and events, to sponsor; and

g. To cooperate with county and state officials and historical organizations to collect and preserve materials of countywide, regional and statewide significance.

          3.            The persons named as incorporators shall constitute the first board of trustees.  The board shall have power to adopt bylaws, including therein provisions fixing the method of election and the term of office of trustees, and shall have power by vote of two-thirds of all the members of the board of trustees to change the number of trustees to be not more than 25 nor less than 5.

          4.          The names and post office addresses of the first trustees are as follows:                                                     

Jeilynn Z. Barr

35 Bellows

Hampton Bays, New York 11946

 

Maud Kramer

14 Carmel Lane

Hampton Bays, New York 11946

 

William Holian

12 William Street

Hampton Bays, New York 11946

 

Barbara Moeller

P.O. Box  588

Hampton Bays, New York 11946

 

Roger Tollefsen

23 Bay Avenue

Hampton Bays, New York 11946

 

Susan von Freddi

P.O. Box  786

Hampton Bays, New York 11946

 

Edward Warner

85 E. Argonne Road

Hampton Bays, New York 11946

 

John Zuccarelli

6 Bettina Court

Hampton Bays, New York 11946

 

          5.          The corporation hereby created shall be a non-stock corporation organized and operated exclusively for educational purposes, as defined in section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future federal tax code), and no part of the net earnings or net income shall inure to the benefit of any member, trustee, director or officer of the corporation, or any private individual (except that reasonable compensation may be paid for services rendered to or for the corporation), and no member, trustee, director or officer of the corporation, or any private individual, shall be entitled to share in the distribution of any of the corporate assets upon dissolution of the corporation.

          6.          Notwithstanding any other provision of these articles, the corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future federal tax code) or (b) by a corporation, contributions to which are deductible under section 170(c)(2) of the Internal Revenue Code of 1986 (or the corresponding provision of any future federal tax code).

          7.          No substantial part of the activities of the corporation shall be devoted to carrying on propaganda, or otherwise attempting to influence legislation, (except to the extent authorized by Internal Revenue Code section 501(h) as amended, or the corresponding provision of any future federal tax code, during any fiscal year or years in which the corporation has chosen to utilize the benefits authorized by the statutory provision) and the corporation shall not participate in or intervene (including the publishing or distribution of statements) in any political campaign on behalf of or in opposition to any candidate for public office.

          8.          Upon dissolution of the corporation, the board of trustees shall, after paying or making provision for the payment of all the liabilities of the corporation, dispose of the remaining assets of the corporation exclusively for one or more exempt purposes, within the meaning of section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future federal tax code), or shall distribute the same to the federal government, or to a state or local government, for a public purpose.  Any such assets not so disposed of shall be disposed of by order of the Supreme Court of the State of New York in the judicial district where the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations, organized and operated exclusively for such purposes, as said Court shall determine.

          9.          The mailing address of the proposed corporation shall be P.O. Box 493, 6 Newtown Road, Hampton Bays, New York 11946.

          10.          The Commissioner of Education is designated as the representative of the corporation upon whom process in any action or proceeding against it may be served.

          11.          Such provisional charter will be made absolute if, within five years after the date when this charter is granted, the corporation shall acquire resources and equipment which are available for its use and support and which are sufficient and suitable for its chartered purposes in the judgment of the Regents of the University, and shall be maintaining an institution of educational usefulness and character satisfactory to the Regents.  Prior to the expiration of said five-year period, an application for the extension of such provisional charter or for an absolute charter will be entertained by the Regents, but in the event that such application is not made, then at the expiration of said term of five years, and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

 

THE PARKSIDE SCHOOL. An application having been made by and on behalf of the trustees of The Parkside School, for its provisional charter to be amended and, as so amended, made absolute, and it appearing to the satisfaction of the Regents that the conditions for an absolute charter have been met, it was

         Voted, that the provisional charter of The Parkside School, located in the city, county and state of New York, which was granted by action of the Board of Regents on November 21, 1986; which provisional charter was amended by Regents action on March 23, 1990 and, as so amended, extended and was further amended and extended on April 24, 1996 be, and the same hereby is, amended to delete authority to conduct a pre-school program for children with learning difficulties from three to five years of age and to delete authority to serve children in grades six through eight with learning difficulties; and to specify that the corporation will conduct a school age program for children with learning difficulties from kindergarten through fifth grade and, as so amended, the same be, and hereby is, made absolute.

 

NEW YORK SECONDARY ASSOCIATION OF SKILLS USA-VICA.  An application having been made by and on behalf of the trustees of the New York Secondary Association of Skills USA-VICA, for an amendment of its charter, it was Voted, that the absolute charter in the first instance of the New York Secondary Association of Skill USA-VICA, located in the city and county of Albany, state of New York, which was granted by action of the Board of Regents under the corporate name “The New York State Association of the Vocational Industrial Clubs of America (VICA) on April 24, 1970; such absolute charter was amended on March 7, 2000 to change the corporate name to “New York Secondary Association of Skills USA-VICA”  be, and the same hereby is, amended to change the corporate name to “The New York Secondary Association of SkillsUSA.”

 

PRESCHOOL TIMES

          Voted, that

          1.          A provisional charter valid for a term of one year is granted incorporating Michelle M. Lamkin, Donna K. Kabel, Richard J. Lamkin, Marie Iglesias-Cardinale, Howard Cohen, Pete Gravante, Laura Pedro, Michael Frongetta, Gerald H. Acheson and their associates and successors as an education corporation under the corporate name of Preschool Times, located in Batavia, county of Genesee, state of New York.

          2.          The purposes for which such corporation is formed are:

a. To establish and operate a child day care center and a nonpublic preschool, nursery school, and/or pre-kindergarten program within the state of New York in Genesee County provided, however, that before such child day care facility shall be established or opened, the prior written approval of the New York State Office of Children and Family Services must be obtained;

b. To provide quality child care services in Genesee County to the general public enabling individuals to be gainfully employed;

c. To provide quality nonpublic preschool, nursery school and/or pre-kindergarten services to the general public in Genesee County and to educate a group or groups of six or more children less than seven years of age, under the supervision of qualified teachers, providing an adequate program of learning activities and maintaining good standards of health and safety; and

d. To empower the corporation, solely for the above stated purposes, to receive and administer funds and property for charitable purposes and, to that end, to take and hold by bequest, devise, gift, grant, purchase, lease or otherwise, either absolutely or jointly with any other person, persons or corporations, property, whether real, personal, tangible or intangible, or any undivided interest therein, without limitation as to the amount or value, and to sell, convey or otherwise dispose of any such property and to invest, reinvest or deal with the principal or the income thereof in such a manner as, in the judgment of the trustees will best promote the purposes of the corporation, except such limitations, if any, as may be contained in the instrument under which such property is received, these articles, the by-laws of the corporation or any laws applicable thereto.

          3.            The persons named as incorporators shall constitute the first board of trustees.  The board shall have power to adopt bylaws, including therein provisions fixing the method of election and the term of office of trustees, and shall have power by vote of two-thirds of all the members of the board of trustees to change the number of trustees to be not more than 25 nor less than 5.  

          4.          The names and post office addresses of the first trustees are as follows:                                                     

Michelle M. Lamkin

24 Edgewood Drive

Batavia, New York 14020

 

Donna K. Kabel

22 Edgewood Drive

Batavia, New York 14020

 

Richard J. Lamkin

24 Edgewood Drive

Batavia, New York 14020

 

Marie Iglesias-Cardinale

34 Montclair Avenue

Batavia, New York 14020

 

Howard Cohen

4 Holmes Avenue

Batavia, New York 14020

 

Pete Gravante

88 S. Main Street

Batavia, New York 14020

                                        Laura Pedro
                                        8460 Violet Lane
                                        Batavia, New York 14020

Michael Frongetta

229 Ross Street

Batavia, New York 14020

 

Gerald H. Acheson

110 Union Street

Batavia, New York 14020

 

          5.          The corporation hereby created shall be a non-stock corporation organized and operated exclusively for educational purposes, as defined in section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future federal tax code), and no part of the net earnings or net income shall inure to the benefit of any member, trustee, director or officer of the corporation, or any private individual (except that reasonable compensation may be paid for services rendered to or for the corporation), and no member, trustee, director or officer of the corporation, or any private individual, shall be entitled to share in the distribution of any of the corporate assets upon dissolution of the corporation.

          6.          Notwithstanding any other provision of these articles, the corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future federal tax code) or (b) by a corporation, contributions to which are deductible under section 170(c)(2) of the Internal Revenue Code of 1986 (or the corresponding provision of any future federal tax code).

          7.          No substantial part of the activities of the corporation shall be devoted to carrying on propaganda, or otherwise attempting to influence legislation, (except to the extent authorized by Internal Revenue Code section 501(h) as amended, or the corresponding provision of any future federal tax code, during any fiscal year or years in which the corporation has chosen to utilize the benefits authorized by the statutory provision) and the corporation shall not participate in or intervene (including the publishing or distribution of statements) in any political campaign on behalf of or in opposition to any candidate for public office.

          8.          Upon dissolution of the corporation, the board of trustees shall, after paying or making provision for the payment of all the liabilities of the corporation, dispose of the remaining assets of the corporation exclusively for one or more exempt purposes, within the meaning of section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future federal tax code), or shall distribute the same to the federal government, or to a state or local government, for a public purpose.  Any such assets not so disposed of shall be disposed of by order of the Supreme Court of the State of New York in the judicial district where the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations, organized and operated exclusively for such purposes, as said Court shall determine.

9.          The institution to be maintained by the proposed corporation is to be located at West Saile Drive, town of Batavia, county of Genesee; state of New York. The mailing address of the corporation is 24 Edgewood Drive, Batavia, New York 14020.

10.          The Commissioner of Education is designated as the representative of the corporation upon whom process in any action or proceeding against it may be served.

11.          Such provisional charter will be made absolute if, within one year after the date when this charter is granted, the corporation shall acquire resources and equipment which are available for its use and support and which are sufficient and suitable for its chartered purposes in the judgment of the Regents of the University, and shall be maintaining an institution of educational usefulness and character satisfactory to the Regents.  Prior to the expiration of said one-year period, an application for the extension of such provisional charter or for an absolute charter will be entertained by the Regents, but in the event that such application is not made, then at the expiration of said term of one year, and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

 

POSTGRADUATE CENTER FOR MENTAL HEALTH, INC.  An application having been made by and on behalf of the trustees of the Postgraduate Center for Mental Health, Inc., for an amendment of its charter, it was

          Voted, that the provisional charter of the Postgraduate Center for Mental Health, Inc., located in Cold Spring, county of Putnam, and state of New York, which was granted by action of the Board of Regents on September 17, 1948, which provisional charter was made absolute by Regents action on October 29, 1954, and consolidated by Regents action on May 24, 1957, with the Institute for Psychotherapy, Inc., a domestic corporation incorporated pursuant to the Membership Corporations Law on September 19, 1947; which absolute charter was consolidated by Regents action on May 28, 1959, with Walt Foundation, Inc., an education corporation incorporated by Regents action on June 29, 1951, with the issuance of a provisional charter and made absolute by Regents action on May 25, 1956. Which consolidated corporation was amended by Regents  on April 29, 1960 and March 1, 1963, to change the name of the corporation to “Postgraduate Center for Mental Health” be, and the same hereby is, amended by revising paragraph 2 of said charter to read as follows:

2. The principal office of the corporation is to be located in the borough of Manhattan, city, county and state of New York.

and by adding a new subparagraph d to paragraph 3 of said charter to read as follows:

d. To establish, maintain, and operate residential services for people

with mental disabilities so far as and to the extent permitted by applicable provisions of the law and under appropriate license where indicated.

 

ST. FRANCIS COLLEGE.  An application having been made by and on behalf of the trustees of St. Francis College, for its absolute charter to be amended, it was

          Voted, that the absolute charter in the first instance of St. Francis College, located in Brooklyn, county of Kings, state of New York, which was granted by action of the Board of Regents on April 10, 1957; which absolute charter was amended by Regents action on May 23, 1969, May 26, 1972 and October 5, 2001 be, and the same hereby is, amended to authorize the corporation to confer the Master of Science (M.S.) degree.

 

SLOAN-KETTERING GRADUATE SCHOOL OF BIOMEDICAL SCIENCES.  An application having been made by and on behalf of the trustees of Sloan-Kettering Graduate School of Biomedical Sciences, for its absolute charter to be amended, it was

          Voted, that the provisional charter of Sloan-Kettering Graduate School of Biomedical Sciences, located in the city, county and state of New York, which was granted by action of the Board of Regents on September 10, 2004 be, and the same hereby is, amended to change the corporate name to “Louis V. Gerstner, Jr. Graduate School of Biomedical Sciences, Memorial Sloan-Kettering Cancer Center.”

 

TOURO COLLEGE.  An application having been made by and on behalf of the trustees of Touro College, for an amendment of its charter, it was

          Voted, that the provisional charter of Touro College, located in the city, county, and state of New York, which was granted by action of the Board of Regents June 26, 1970; which provisional charter was amended by Regents action on April 11, 1973, June 28, 1974, and extended on June 27, 1975; and which corporation was consolidated 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; which provisional charter of such consolidated corporation was extended by Regents action on November 19, 1982, amended by Regents action on September 21, 1984, extended by Regents action on January 20, 1988, and made absolute by Regents action on January 17, 1990; which absolute charter was amended by Regents action on September 19, 1997, April 29, 2003, June 22, 2004, and September 10, 2004 be, and the same hereby is, amended to add authority for the corporation to confer at its main campus the Master of Business Administration (M.B.A.) degree.

 

BOSTON GRADUATE SCHOOL OF PSYCHOANALYSIS, NEW YORK

          Voted, that

          1.          A provisional charter valid for a term of five years is granted incorporating Dr. Contardo Calligaris, Dr. Mimi G. Crowell, Robert Foose, Professor Daniel J. Freed, Dr. Stephen D. Hayes, Philip Kaplan, Dr. Marvin Koven, Dr. Leonard Liegner, Dr. Phyllis W. Meadow, Dr. Siamak Movahedi, Dr. Dena M. Reed, Dr. Eugene Smithberg, Dr. Frederick Stecker, Robert A. Stolzberg, Esq. Professor James Tober and their associates and successors as an education corporation under the corporate name of Boston Graduate School of Psychoanalysis, New York, located in the city, county and state of New York.

2.          The purposes for which such corporation is formed are to operate a school 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.

          3.            The persons named as incorporators shall constitute the first board of trustees.  The board shall have power to adopt bylaws, including therein provisions fixing the method of election and the term of office of trustees, and shall have power by vote of two-thirds of all the members of the board of trustees to change the number of trustees to be not more than 25 nor less than 5.  

          4.          The names and post office addresses of the first trustees are as follows:                                                     

Dr. Contardo Calligaris

350 West 50th Street #341

New York, New York 10019

 

Dr. Mimi G. Crowell

30 Fifth Avenue #6F

New York, New York 10011

 

Robert Foose

3 Twin Lake Villa Road

New London, New Hampshire 03257

 

Professor Daniel J. Freed

53 Freed Road

Guilford Vermont 05301

 

Dr. Stephen D. Hayes

39 Chestnut Street

Salem, Massachusetts 01970

 

Philip Kaplan

14 Augusta Lane

Manhasset, New York 11030

 

Dr. Marvin Koven

1145 Gayley Avenue Suite 322

Los Angeles, California 90024

 

Dr. Leonard Liegner

21 Cedar Drive

Great Neck, New York 11021

 

Dr. Phyllis W. Meadow

245 West 13th Street

New York, New York 10011

 

Dr. Siamak Movahedi

252 Waban Avenue

Newton, Massachusetts 02468

 

Dr. Dena M. Reed

8 Deacon Lane

Sudbury, Massachusetts 01776

 

Dr. Eugene Smithberg

351 West 24th Street

#16 F

New York, New York 10011

 

Dr. Frederick Stecker

30 Prescott Lane

P.O. Box  293

New London, New Hampshire 03257

 

Robert A. Stolzberg, Esq.

Charmoy, Stolzberg & Holian

223 Lewis Wharf

Boston, Massachusetts 02110

 

Professor James Tober

P.O. Box  62

321 North Pond Road

Marlboro, Vermont 05344

 

          5.          The corporation hereby created shall be a non-stock corporation organized and operated exclusively for educational purposes, as defined in section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future federal tax code), and no part of the net earnings or net income shall inure to the benefit of any member, trustee, director or officer of the corporation, or any private individual (except that reasonable compensation may be paid for services rendered to or for the corporation), and no member, trustee, director or officer of the corporation, or any private individual, shall be entitled to share in the distribution of any of the corporate assets upon dissolution of the corporation.

          6.          Notwithstanding any other provision of these articles the corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future federal tax code) or (b) by a corporation, contributions to which are deductible under section 170(c)(2) of the Internal Revenue Code of 1986 (or the corresponding provision of any future federal tax code).

          7.          No substantial part of the activities of the corporation shall be devoted to carrying on propaganda, or otherwise attempting to influence legislation, (except to the extent authorized by Internal Revenue Code section 501(h) as amended, or the corresponding provision of any future federal tax code, during any fiscal year or years in which the corporation has chosen to utilize the benefits authorized by the statutory provision) and the corporation shall not participate in or intervene (including the publishing or distribution of statements) in any political campaign on behalf of or in opposition to any candidate for public office.

          8.          Upon dissolution of the corporation, the board of trustees shall, after paying or making provision for the payment of all the liabilities of the corporation, dispose of the remaining assets of the corporation exclusively for one or more exempt purposes, within the meaning of section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future federal tax code), or shall distribute the same to the federal government, or to a state or local government, for a public purpose.  Any such assets not so disposed of shall be disposed of by order of the Supreme Court of the State of New York in the judicial district where the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations, organized and operated exclusively for such purposes, as said Court shall determine.

9.          The institution to be maintained by the proposed corporation is to be located at 16 West 10th Street, New York, New York 10011.

10.          The Commissioner of Education is designated as the representative of the corporation upon whom process in any action or proceeding against it may be served.

11.            Such provisional charter will be made absolute if, within five years after the date when this charter is granted, the corporation shall acquire resources and equipment which are available for its use and support and which are sufficient and suitable for its chartered purposes in the judgment of the Regents of the University, and shall be maintaining an institution of educational usefulness and character satisfactory to the Regents.  Prior to the expiration of said five-year period, an application for the extension of such provisional charter or for an absolute charter will be entertained by the Regents, but in the event that such application is not made, then at the expiration of said term of five years, and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

 

THE RAINBOW SCHOOL ALLIANCE FOR YOUTH SUCCESS. An application having been made by and on behalf of the trustees of The Rainbow School Alliance for Youth Success, for its provisional charter to be amended and extended, it was

          Voted, that the provisional charter of The Rainbow School Alliance for Youth Success, located in Binghamton, county of Broome, state of New York, which was granted by action of the Board of Regents on July 19, 2001 be, and the same hereby is, amended to add authority for the corporation to also establish and operate day care centers within the state of New York, initially in Broome County, provided however, before each such facility shall be established or opened, the prior written approval of the New York State Office of Family and Children’s Services (The New York City Department of Health for a center within the city of New York ) must be obtained; no merger, consolidation, amendment or dissolution will be permitted without the prior written approval of the New York State Office of Children and Family Services (OCFS); and further amended to add authority to operate a grade seven through twelve secondary school to be located at 457 State Street, Binghamton, New York 13901 and, as so amended, extended until January 11, 2008; and prior to that date, an application for the further extension of such provisional charter or for an absolute charter will be entertained by the Regents, but, in the event that such application is not made, then after January 11, 2008 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

 


 

APPENDIX II

REGENTS ACTIONS IN 31 PROFESSIONAL DISCIPLINE CASES

AND 1 RESTORATION PETITION

 

January 10-11, 2005

 

          The Board of Regents announced disciplinary actions resulting in the revocation of 2 licenses, surrender of 2 licenses, and 27 other disciplinary actions.  The penalty indicated for each case relates solely to the misconduct set forth in that particular case.  In addition, the Board acted upon 1 restoration petition.

 

I. REVOCATIONS AND SURRENDERS

 

Dentistry

 

          Syed Hussain; W 305 N 2658 Ravine C, Pewaukee, WI 53072; Lic. No. 040567; Cal. No. 21926; Application to surrender license granted.  Summary:  Licensee did not contest the charge of having been found guilty of professional misconduct by the Wisconsin Dentistry Examining Board.

 

Nursing

 

          Jodie Rae Radford a/k/a Jodie Rae Munroe; Registered Professional Nurse; P.O. Box 105, Baileyville, ME 04694; Lic. No. 475268; Cal. No. 21171; Found guilty of professional misconduct; Penalty: Revocation.

 

          Margaret McIntyre; Registered Professional Nurse; 1109 Broadway Avenue, East Seattle, WA 98102; Lic. No. 450755; Cal. No. 21944; Application to surrender license granted.  Summary:  Licensee did not contest the charge of having been found guilty of professional misconduct by the Washington Nursing Care Quality Assurance Commission. 

 

Social Work

 

          Stanley J. Charzewski; Certified Social Worker; 78 St. Joseph Avenue, Staten Island, NY 10302; Lic. No. 038158; Cal. No. 21360; Found guilty of professional misconduct; Penalty: Revocation.

 

 

II. OTHER REGENTS DISCIPLINARY ACTIONS

 

Architecture

 

          Louis James Santora; 123 Headline Road, Deer Park, NY 11729; Lic. No. 024604; Cal. No. 21739; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, probation 1 year, $500 fine.

 

Chiropractic

 

          Glenn Kelly; 11902 Fieldthorn Court, Reston, VA 20194; Lic. No. 009320; Cal. No. 21863; Application for consent order granted; Penalty agreed upon: 1 year suspension and thereafter probation 4 years.

 

Engineering and Land Surveying

 

          Meir E. Lieblich; Professional Engineer; 14 Mitchell Court, Marlboro, NJ 07746; Lic. No. 051147; Cal. No. 21547; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, probation 1 year, $1,000 fine.

 

          Raymond Edward Sickles; Professional Engineer; 2367 County Route 113, Greenwich, NY 12834; Lic. No. 071072; Cal. No. 21740; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, probation 2 years, $1,500 fine.

 

Nursing

 

          Myrlande Valme Michel; Registered Professional Nurse; 655 East 38th Street, Brooklyn, NY 11203; Lic. No. 503908; Cal. No. 19802; Found guilty of professional misconduct; Penalty: Annul license.

 

          Tanya Marie Testa; Licensed Practical Nurse; 239 Seymour Street, Auburn, NY 13021; Lic. No. 248964; Cal. No. 19879; Found guilty of professional misconduct; Penalty: 1 year suspension, execution of suspension stayed, probation 1 year.

 

          Diane Bieniewicz a/k/a Diane Bieniewicz-Fitzgerald; Licensed Practical Nurse, Registered Professional Nurse; 51 Nicholas Court, Southampton, NY 11968; Lic. Nos. 180775, 397748; Cal. Nos. 20474, 20475; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, probation 2 years, $500 fine.

 

          Lisa Beth Alexanderson; Licensed Practical Nurse, Registered Professional Nurse; 79D Hurds Corner Road, Pawling, NY 12564; Lic. Nos. 100300, 269331; Cal. Nos. 21277, 21278; Found guilty of professional misconduct; Penalty: Suspension until terminated as set forth in Regents Review Committee report – upon termination of suspension, probation 2 years.

 

          Linda S. Castellitto a/k/a Linda S. Logatto; Licensed Practical Nurse, Registered Professional Nurse; 518-112 Royal Poinciana, Punta Gorda, FL 33950; Lic. Nos. 123038, 299027; Cal. Nos. 21464, 21463; Application for consent order granted; Penalty agreed upon: Suspension until terminated as set forth in consent order application – upon termination of suspension, probation 2 years.

 

          Heather Lee Levenson-Fitzpatrick; Registered Professional Nurse; 227 Candee Avenue, Sayville, NY 11782; Lic. No. 473994; Cal. No. 21541; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, probation 1 year, $500 fine.

 

          Tracey A. VanBuren; Licensed Practical Nurse; 1094 Route 9 - Lot 13, Fishkill, NY 12524; Lic. No. 247672; Cal. No. 21696; Application for consent order granted; Penalty agreed upon: Suspension for no less than 6 months until stay of execution of suspension as set forth in consent order application – upon termination of suspension, probation 2 years to commence upon return to practice.

 

          Octavia L. Horton; Licensed Practical Nurse; 153 Reed Avenue, Syracuse, NY 13207; Lic. No. 268274; Cal. No. 21729; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, probation 2 years, $250 fine.

 

          Lisa A. Williams; Licensed Practical Nurse; 7000 Railroad Avenue, Appleton, NY 14008; 2125 Fox Road, Ashville, NY 14710; Lic. No. 199231; Cal. No. 21749; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, probation 1 year, $250 fine.

 

          Chantal L. Griesemer; Licensed Practical Nurse; 5B Russet Oaks, Ballston Lake, NY 12019; Lic. No. 264574; Cal. No. 21775; Application for consent order granted; Penalty agreed upon: Suspension for no less than 1 year and until terminated as set forth in consent order application – upon termination of suspension, probation 2 years to commence upon return to practice.

 

          Carlos Chajon; Licensed Practical Nurse; 21 Woodlawn Avenue, Albany, NY 12203; Lic. No. 243448; Cal. No. 21785; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, probation 2 years to commence upon return to practice, $250 fine.

 

          Glenn Michael Scott; Licensed Practical Nurse, Registered Professional Nurse; 241 West 111th Street, New York, NY 10026; Lic. Nos. 189939, 396472;  Cal. Nos. 21787, 21786; Application for consent order granted; Penalty agreed upon: 1 year actual suspension, 1 year stayed suspension, probation 2 years to commence upon return to practice.

 

          Kenneth John Williams; Licensed Practical Nurse, Registered Professional Nurse; 5 Latium Drive, Pittsford, NY 14534; Lic. Nos. 245201, 483170; Cal. Nos. 21830, 21829; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, probation 1 year, $500 fine.

 

          Allen Frederick Jenner; Licensed Practical Nurse; 212 St. Lawrence Avenue, Ogdensburg, NY 13669; Lic. No. 228577; Cal. No. 21858; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, probation 1 year, $250 fine.

 

          Andrea Haselwood Power; Registered Professional Nurse; 5383  164th Avenue SE, Bellevue, WA 98006; Lic. No. 516797; Cal. No. 21870; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, probation 2 years.

 

Pharmacy

 

          Laura Marie Lynch a/k/a Laura Lynch-Tomasulo; 11-B Cromwell Place, Mohegan Lake, NY 10547; Lic. No. 032612; Cal. No. 20816; Found guilty of professional misconduct; Penalty: Suspension for no less than 9 months and until terminated as set forth in hearing panel report – upon termination of suspension, probation 2 years.

 

          Stuart Keith Weissman; 5 East Lane, Manhasset Hills, NY 11040; Lic. No. 034998; Cal. No. 21680; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, probation 2 years, $1,000 fine.

 

Social Work

 

          Carlyn Graham a/k/a Carlyn Graham Conover; Certified Social Worker; 3106 Shunpike Road, Riogrande, NJ 08242; Lic. No. 047937; Cal. No. 21798; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, probation 2 years, $2,500 fine.

 

 

III. RESTORATIONS

 

          The Board of Regents voted on January 11, 2005, to restore the certified public accountant license of Stan Bleiman, 40 Westwood Drive #5, Westbury, NY 11590.  Mr. Bleiman’s license was originally surrendered effective May 3, 1999.