SUMMARY OF THE DECEMBER MEETING

OF THE BOARD OF REGENTS

THE UNIVERSITY OF THE STATE OF NEW YORK

Held at the State Education Building
Albany, New York

December 16 and 17, 2004

David Johnson, Secretary
Board of Regents

THE BOARD OF REGENTS

The Board of Regents of The University of the State of New York held four public sessions on Thursday, December 16, at 10:00 a.m., 11:15 a.m. and 6:00 p.m., and Friday, December 17, at 12:00 p.m. pursuant to a call duly sent to each Regent.

MEETING OF THE FULL BOARD, Thursday, December 16, 10:00 a.m.

Board Members in Attendance:

Robert M. Bennett, Chancellor
Adelaide L. Sanford, Vice Chancellor
Diane McGivern
Saul B. Cohen
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. Regents Lorraine A. Cortés-Vázquez 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 Friday, December 17 at 8:00 a.m. for the purpose of discussing pending litigation and a personnel matter.

          Motion by:             Vice Chancellor Adelaide L. Sanford
          Seconded by:        Regent Diane McGivern
          Action:                   Motion carried unanimously

Summary of the November 2004 Meeting

BR (A) 2

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

          Motion by:             Regent Joseph E. Bowman, Jr.
          Seconded by:        Regent Diane McGivern
          Action:                   Motion carried unanimously

State Education Department November 2004 Fiscal Report

BR (A) 8

The Board received the November 2004 Fiscal Report for review and acceptance.

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 November 2004 State Education Department Fiscal Report as presented.

          Motion by:             Regent Geraldine D. Chapey
          Seconded by:        Regent James C. Dawson
          Action:                   Motion carried unanimously

DISCUSSION ITEM

Commissioner’s Report to the Board of Regents

The Commissioner’s written monthly report focused on eleven subject areas: The Once and Future Department of Education; Library Leadership; Annual Report on Charter Schools; Middle Level; Transition to High School; State Aid to School Districts; Federal Legislative Agenda; Regulatory Agenda – Winning Compliance; Career and Technical Education Policy Review; Evaluating Testing Policy and Getting to 65; and, Statewide Plan for Higher Education.

MEETING OF THE FULL BOARD, Thursday, December 16, 11:15 a.m.

Board Members in Attendance:

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. Regent Lorraine A. Cortés-Vázquez was absent and excused.

Chancellor Bennett called the meeting to order at 11:15 a.m.

ACTION ITEM

Regents 2005-06 Proposal on State Aid to School Districts and Addendum

BR (A) 4 and Addendum to BR (A) 4

The Regents State Aid proposal presents the concepts and rationale underlying the Board’s multi-year proposal for a new funding system based on a Foundation Aid for general education instruction, first introduced last year.

The proposal recommends a $1.518 billion increase in funding. The increase includes a $921 million increase in Foundation Aid and $596 million in other aids. Of the overall increase, 80 percent goes to high need districts and 20 percent goes to all other districts. New York City receives an $810 million increase in aid in 2005-06, which is 53 percent of the overall increase.

In discussion, there was consensus to amend the Addendum to BR (A) 4. On page four, under Categorical Aid Programs the phrase “when pre-kindergarten programs are universally available” is deleted.

MOVED, that the Board of Regents adopt BR (A) 4 and the attached addendum as their proposal on State Aid to school districts for school year 2005-06.

          Motion by:             Regent James C. Dawson
          Seconded by:        Regent Saul B. Cohen
          Action:                   Motion carried unanimously

DISCUSSION ITEM

Regents Commission on Library Services

BR (D) 1

Ms. Abby Milstein, Co-Chair of the Regents Commission on Library Services, provided an overview of the Commission’s efforts and identified the successes and continuing challenges.

In discussions following the presentation, Board members commented on the possibility of dual certification at the elementary level for teachers/librarians and several questions were raised regarding the possible availability of school librarian funding under the final Campaign for Fiscal Equity settlement.

MEETING OF THE FULL BOARD, Thursday, December 16, 6:00 p.m.

Board Members in Attendance:

Robert M. Bennett, Chancellor
Adelaide L. Sanford, Vice Chancellor
Diane McGivern
Saul B. Cohen
James C. Dawson
Geraldine D. Chapey
Arnold B. Gardner
Harry Phillips, 3rd
Joseph E. Bowman, Jr.
Lorraine A. Cortés-Vázquez
James R. Tallon, Jr.
Milton L. Cofield
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. Regents Anthony S. Bottar and Merryl H. Tisch were absent and excused.

Chancellor Bennett called the meeting to order at 6:00 p.m.

ACTION ITEMS

2005 Priority Legislative Proposal on Charter Schools

BR (A) 3

During a review of the Regents Priority Legislative Proposals for 2005 in November, staff was asked for an analysis of the potential impact on school districts of legislation authorizing charter schools to finance construction and reconstruction of charter school facilities through the Dormitory Authority of the State of New York (DASNY).

Education Law section 2853(a)(g) explicitly provides that: “Neither the local school district, the charter entity nor the state shall be liable for the debts or financial obligations of a charter school or any person or corporate entity who operates a charter school.”

In addition, staff confirmed with DASNY that it is interested in financing the design and construction of charter school facilities. In the 2004 legislative session DASNY submitted legislation as part of its legislative program that would provide access to DASNY financing to all education corporations, including charter schools.

Charter School Changes: Extension of Term and Access to Service Providers

The proposal would result in additional clarity and flexibility for charter authorizers and allow charter schools to access many of the services available to other public schools. Charter authorizers would have a more concrete basis for determining the potential fiscal and programmatic impacts on a district and more flexibility in determining the length of a charter renewal. The Commissioner would be given the authority to impose a penalty or other sanction on a district for persistent failure to pay monies owed to charter schools.

Charter schools would be able to arrange financing through the Dormitory Authority, which would allow access to bonding and loan guarantees. BOCES would be given the authority to provide the same services to charter schools as they do for other public schools.

MOVED, that the Board of Regents approves the 2005 Regents Priority Legislative Proposal on charter schools, as summarized above.

          Motion by:             Regent James R. Tallon, Jr.
          Seconded by:        Regent Joseph E. Bowman, Jr.
          Action:                   Motion carried unanimously

2005 Regulatory Agenda/Review of Existing Rules

BR (A) 5

State Administrative Procedure Act (SAPA) section 202-d requires that the State Education Department publish, each year, a regulatory agenda in the first January issue, and in the last June issue, of the State Register.

MOVED, that the 2005 Regulatory Agenda/Review of Existing Rules for the State Education Department be approved, as submitted.

         Motion by:             Regent James C. Dawson
         Seconded by:        Regent Joseph E. Bowman, Jr.
         Action:                   Motion carried unanimously

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

BR (A) 6

Action on this item is deferred to the January meeting.

Final Review of the Regents Federal Legislative Agenda: Federal Legislation and Education in New York State, 2005

BR (A) 7

The Board received for final review and approval the proposed 2005 Federal Legislative agenda. The Agenda presents the actions the Regents propose to fulfill their Federal role in education in the first session of the 109^th Congress.

MOVED, that the Board of Regents approve the Regents Federal Legislative Agenda, Federal Legislation and Education in New York State, 2005.

          Motion by:             Regent Milton L. Cofield
          Seconded by:        Regent John Brademas
          Action:                   Motion carried unanimously

DISCUSSION ITEM

Staffing of the State Education Department

BR (D) 2

The Board received a report and overview of the current state of the staffing capacity and workforce trends affecting the future of the State Education Department. The report includes the demographics of the current workforce and changes projected over the next several years.

MEETING OF THE FULL BOARD, Friday, December 17, 12:00 p.m.

Board Members in Attendance:

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. Regents Anthony S. Bottar, Merryl H. Tisch and James R. Tallon, Jr. were absent and excused.

Chancellor Bennett called the meeting to order at 12:00 p.m.

ACTION ITEM

MOVED, that the Board of Regents approve the charter actions relating to cultural education. [BR(A) 1]

          Motion by:             Regent James C. Dawson
          Seconded by:        Regent John Brademas
          Action:                   Motion carried unanimously

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 Milton L. Cofield
Action:                   Motion carried unanimously

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

Your EMSC-VESID Committee held its scheduled meeting on December 16, 2004. 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]

Appointments

· Your Committee recommends that the following individuals be appointed to fill vacancies on the New York State Independent Living Council, Inc.: Christina Curry, Christine Zachmeyer, Sherry Taub, Edith M. Prentiss, Robert Gaffney, Paige Macdonald and Debbie (Sanford) Cooper for a three-year term ending December 31, 2007. Debbie (Sanford) Cooper will be filling a new federally required category of Director of Section 121 Projects. Sharon Shapiro-Lacks is reappointed to serve a three-year term ending December 31, 2007. [EMSC-VESID (CA) 1]

Charter Schools

· Your Committee recommends denial of the application for the Niagara Charter School, Niagara-Wheatfield Central School District, without prejudice, and encourages the applicant to reapply after a community forum has been held to elicit views from the public and to demonstrate support for the school.. [EMSC-VESID (A) 1]

· Your Committee recommends approval of the proposed charter for the Urban Choice Charter School, Rochester. [EMSC-VESID (A) 1]

· Your Committee recommends approval of the proposed renewal of the charter for the Genesee Community Charter School at the Rochester Museum and Science Center, Rochester, and to extend its provisional charter for five years. [EMSC-VESID (A) 2]

· Your Committee recommends approval of the proposed renewal of the charter for the Harriet Tubman Charter School, New York City Community School District #9, and to extend its provisional charter for two years. The school's performance is not at State standards but is superior to most of the public schools in its neighborhood. It has strong parental support, pupil retention rate, and a waiting list to warrant approval for a two-year extension, but precludes recommendation of a full five-year extension until better academic results and greater fiscal viability are demonstrated. [EMSC-VESID (A) 2]

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 December 16, 2004, 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 (D) 1]

Inconsistencies in language for Models B and C will be corrected. The Committee requested that a five-year renewal requirement be added for approved applications under Models B and C. A revised item will be submitted to the Committee for approval in January. The proposed strategy has been posted on the web with an online survey to solicit public comment before Regents action.

Policy review of Career and Technical Education [EMSC-VESID (D) 2]

In addition to providing technical assistance to districts that have not applied for approval of career and technical education programs, staff were asked to look at the preparation of school counselors, the extent to which the professional development for teachers is up-to-date, and ways to improve the image of career and technical education programs. The Committee expressed interest in receiving information on the success in college and in job placement of students in Tech Prep (2 plus 2) programs.

Report on assessment issues [EMSC-VESID (D) 3]

The Committee requested additional data on: correlation between the number of students who repeat grade 9 and who drop out of school; students from English-speaking Caribbean countries; incarcerated youth; likelihood of ninth grade repeaters having been held back in earlier grades (no statewide data, but New York City school district may be able to provide); racial/ethnicity breakdown; availability and adequacy of services in the feeder schools that ninth grade repeaters transition from; the alignment of Level 2 performance on the grade 8 math test with the Regents Math A exam; the age of grade 9 repeaters; and the breakdown of data by need/resource category. An issue identified for possible future analysis would be on the performance level of students that come from various middle grade organizational structures. Regent Philips asked to receive copies of field memorandum on the requirements for taking Regents Competency Tests and Regents exams for students with disabilities. Regent Bowman asked for a copy of the requirements for local and Regents diplomas. The Co-Chairs will work with staff to develop targeted strategies for addressing issues identified in the data presented for discussion by the Committee in December. The Committee asked to add to its assessment agenda the issue of testing requirements in the middle grades.

REGENTS COMMITTEE ON HIGHER EDUCATION AND PROFESSIONAL PRACTICE

Your Higher Education and Professional Practice Committee held its scheduled meeting on December 16, 2004. All Committee members were present, except for Regent Arnold B Gardner, who was present for the public session, and 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 8 cases. In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 39 consent order applications and 6 surrender applications be granted.

These recommendations are made following the review of 53 cases involving 20 licensed practical nurses, ten registered professional nurses, four pharmacists, three licensed practical nurses who are also registered professional nurses, two dentists, two professional engineers, two certified public accountants, two certified social workers, one land surveyor, one architect, one respiratory therapist, one veterinarian, and one licensed clinical social worker.

Restoration Petitions

Voted, that the Board of Regents stay the order of revocation of the registered physician assistant license of Graciano Evans Clause for three years, that he be placed on probation for three years under specified terms and conditions, and that upon successful completion of the probationary period, his license be fully restored. [HE & PP EXS (A) 1]

Voted, that the Board of Regents stay the order of revocation of the physician license of Deborah Williams for five years, that she be placed on probation for five years under specified terms and conditions, and that upon successful completion of the probationary period, her license be fully restored. [HE & PP EXS (A) 2]

Consent Agenda Items

Your Committee recommends that the Board of Regents grant accreditation of the teacher education programs offered by Marist College effective December 17, 2004, for a period beginning immediately and ending on December 16, 2011, subject to the stipulations recommended by the Higher Education Subcommittee of the State Professional Standards and Practices Board for Teaching. [HE & PP (CA) 1]

Your Committee recommends that Monroe College be authorized by master plan amendment, effective December 17, 2004, to offer the Associate in Applied Science (A.A.S.) degree in Culinary Arts at its Bronx main campus and at its New Rochelle branch campus. This amendment will be effective until November 30, 2005, 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) 2]

Your Committee recommends that the Board of Regents grant accreditation of the teacher education programs offered by Ithaca College, Ithaca, New York, effective November 24, 2004, for a period beginning immediately and ending on November 23, 2011. [HE & PP (CA) 3]

Your Committee recommends that the Regents authorize Mid-America Baptist Theological Seminary, Germantown, Tennessee, effective December 17, 2004, to confer the Associate in Applied Science (A.A.S.) degree on duly qualified students successfully completing registered programs at its branch campus in Schenectady, New York, and that the master plan of Mid-America Baptist Theological Seminary, Northeast Branch, be amended authorizing the Seminary to offer an A.A.S. program in Pastoral Ministry at that campus. This amendment shall be effective until December 31, 2005, unless the Department registers the program prior to that date, in which case the master plan amendment shall be without term. [HE & PP (CA) 4]

Your Committee recommends that the Regents approve the following appointments and reappointments to the State Boards for the Professions: [HE & PP (CA) 5]

State Board for Medicine - appoint Luis R. Marcos (New York) and Surinder P. Jindal (Wappingers Falls) each for a term commencing January 1, 2005, and expiring December 31, 2009

State Board for Certified Shorthand Reporting - reappoint Jeremiah F. Manning, Esq. (Delmar) for a term commencing January 1, 2005, and expiring December 31, 2009

State Board for Veterinary Medicine – reappoint Charlotte R. Reed (New York) for a term commencing December 1, 2004, and expiring November 30, 2009

Your Committee recommends that the Regents approve the following reappointment of an extended member to the State Boards for the Professions for service on licensure disciplinary, licensure restoration, and moral character panels: [HE & PP (CA) 5]

State Board for Engineering and Land Surveying - appoint Susan M. King (Lockport) for a term commencing December 1, 2004, and expiring November 30, 2009

Your Committee recommends that the Regents approve the addition of section 120.6 to the Regulations of the Commissioner of Education relating to qualifications for teachers and paraprofessionals, to ensure that local educational agencies are in compliance with Federal law. [HE & PP (CA) 6]

Your Committee recommends that the Regents approve the repeal of section 80-2.11 and the addition of sections 80-5.18 and 80-5.19 of the Regulations of the Commissioner of Education, to create a supplementary certificate in the classroom teaching service and to relocate the requirements for teachers of adult, community and continuing education. [HE & PP (CA) 7]

Your Committee recommends that the Regents approve the recommendations of the Committee on the Professions regarding Licensing Petitions with the exception of Clifford Wagner, whose case is being pulled but will be resubmitted at a future Regents meeting. [HE & PP (CA) 8]

Your Committee recommends that the Regents approve an amendment to the absolute charter of American Institute of Psychoanalysis to change the purposes to also include the training and certification as psychoanalysts of persons who have earned a Master’s Degree or its equivalent in other than a mental health profession; the absolute charter of Ithaca College to add authority for the College to confer the degree of Doctor of Physical Therapy (D.P.T.); the provisional charter of the International School for Mental Health Practitioners, extending it for five years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter; the provisional charter of The New York Institute for Psychoanalytic Self Psychology, extending it for a period of five years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the standards for an absolute charter; and the provisional charter of The Training and Research Institute for Self-Psychology, extending it for a period of five years to allow the corporation additional time to demonstrate that it can meet the requirements for an absolute charter. [BR (A) 1]

MATTERS NOT REQUIRING BOARD ACTION

Your Committee discussed several topics of interest, including:

Proposed Amendment to paragraph (2) of subdivision (d) of section 3.47 and paragraph (17) of subdivision (b) of section 3.50 of the Rules of the Board of Regents relating to the authorization of degrees. [HE&PP (D) 1]

The Committee discussed a proposed amendment to authorize the conferral of the degree Doctor of Nursing Practice (D.N.P.), for completion of a practice-oriented doctoral program in nursing.

Development of the Statewide Plan for Higher Education, 2004-2012

[HE & PP (D) 2]

The Committee continued their discussion of the Statewide Plan which now includes information from all four sectors. They were provided information on what the proposed plans were for public hearings and also discussed proposed dates for the hearings. Next month the committee will be provided with statewide performance data and another draft incorporating editorial recommendations from the Board of Regents.

Proposed Promulgation of the Regulations of the Commissioner of Education Relating to Requirements for Licensure in the four Mental Health Therapy professions. [HE&PP (D) 3 4, 5 and 6]

Regulations are required to implement the new statute for the four mental health therapy professions. The Committee discussed a proposed revised addition of section 52.32 and Subpart 79-9 to the Regulations of the Commissioner of Education, relating to requirements for licensure in mental health counseling; a proposed revised addition of section 52.34 and Subpart 79-11 to the Regulations of the Commissioner of Education, relating to requirements for licensure in creative arts therapy; a proposed revised addition of section 52.35 and Subpart 79-12 to the Regulations of the Commissioner of Education, relating to requirements for licensure in psychoanalysis; and a proposed revised addition of section 52.33 and Subpart 79-10 to the Regulations of the Commissioner of Education, relating to requirements for licensure in marriage and family therapy.

A Reasoned Approach to Reform in Public Accountancy [HE & PP (D) 7]

As requested at last month’s Committee meeting, the Committee was provided follow-up information on the details regarding proposed Regents Priority Legislation on Public Accountancy as well as upcoming draft regulations.

MOTION FOR ACTION BY FULL BOARD

Mr. Chancellor and Colleagues: Your Committee on Higher Education and Professional Practice 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 December 16, 2004, copies of which have been distributed to each Regent.

REGENTS COMMITTEE ON QUALITY

Regent Saul B. Cohen, Chair of the Committee on Quality, presented on behalf of the Committee the following written report.

Your Committee on Quality held its scheduled meeting on December 16, 2004. Chancellor Bennett, Vice Chancellor Sanford, Regents Bowman and Cortés-Vazquéz were present. Regents Brademas, Chapey, Gardner, and Phillips also attended.

APPROVAL

No items were recommended for formal approval by the Regents.

MATTERS NOT REQUIRING BOARD ACTION

l Your Committee reviewed the revised draft protocols for Board meetings, which clarifies operational procedures, communication strategies, Board/staff relationships, Committee work and the conduct of meetings. As part of this item, the Committee discussed how the Board spends its monthly meeting time. The Committee will bring several issues to the full Board: length of monthly meetings, the percentage of time spent in full Board sessions, and the current committee structure.

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.

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 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.

Participants will be USNY leaders who are agile thinkers with track records of working across institutional boundaries, with good participation from business and industry, community or nonprofit organizations, and government leaders.

The November 2005 Summit will be followed by assertive implementation of a few critical strategies agreed to at the meeting, another series of regional conversations, and a second Summit two years out.

l Your Committee received the revised draft strategic plan. The Board will be asked to think carefully about the Department’s capacity to implement all the actions included in the plan as it considers approval.

APPENDIX I

NEW YORK STATE BOARD OF REGENTS

CHARTER ACTIONS

ROELIFF JANSEN COMMUNITY LIBRARY ASSOCIATION

Voted, that

1. An absolute charter in the first instance is granted incorporating John Avenia, Clara Londoner, Steve Tiger, Julie Cohen, Georgene Gardner, Kelley Hersey, Robina Ward, Noel M. Fair, Richard McPhee, Susan Scheck, Edward Schneier and their associates and successors as an education corporation under the corporate name of Roeliff Jansen Community Library Association, located in Hillsdale, county of Columbia and state of New York.

2. The purpose for which such corporation is to be formed is to provide public library service to the residents of the towns of Hillsdale, Ancram and Copake which will make up the Roeliff Jansen Community Library Association service area.

3. The persons named as incorporators shall constitute the first board of trustees. The library shall be administered by a board of 9 to 25 trustees, to be at first the persons who are named herein as incorporators, said trustees to serve in the order in which they are name herein, for terms that shall expire as follows: John Avenia, Clara Londoner, Steve Tiger and Leah Wilcox, terms expire in 2004; Julie Cohen, Georgene Gardner, Kelley Hersey and Robina Ward, terms expire in 2005; and Noel Fair, Richard McPhee, Susan Scheck and Edward Schneier, terms expire in 2006. As vacancies occur, trustees shall be appointed to serve three-year terms, said term commencing on the first day of the month next following the appointment. The board shall have power to adopt bylaws, including therein provisions fixing the method of election and the term of office of trustees, and shall have power by vote of two-thirds of all the members of the board of trustees to change the number of trustees to be not more than twenty-five nor less than nine.

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

John Avenia

1115 Lakeview Road

Copake, New York 12516

Clara Londoner

62 Collins Street

P.O. Box 155

Hillsdale, New York 12529

Steve Tiger

P.O. Box 334

Hillsdale, New York 12529

Leah Wilcox

88 Roche Drive

Ancramdale, New York 12503

Julie Cohen

50 Sky Farm Road

Copkake, New York 12516

Georgene Gardner

367 Collins Street

Hillsdale, New York 12529

Kelley Hersey

80 LaBranche Road

Hillsdale, New York 12529

Robina Ward

9309 Route 22

Hillsdale, New York 12529

Noel M. Fair

548 Breezy Hill Road

Hillsdale, New York 12529

Richard McPhee

263 Dugway Road

Hillsdale, New York 12529

Susan Scheck

107 Taconic Creek Road

Hillsdale, New York 12529

Edward Schneier

1284 Lakeview Road

Copake, New York 12516

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

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

7. No substantial part of the activities of the corporation shall be devoted to carrying on propaganda, or otherwise attempting to influence legislation, (except to the extent authorized by Internal Revenue Code section 501(h) as amended (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 principal office of the corporation shall be located at 2609 Route 23, Hillsdale, New York 12529.

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.

LYONS SCHOOL DISTRICT PUBLIC LIBRARY. An application having been made by and on behalf of the trustees of the Lyons School District Public Library, for an amendment of its charter, it was

Voted, that the provisional charter of the Lyons School District Public Library located in Lyons, county of Wayne, state of New York, which was granted by action of the Board of Regents on June 24, 1955; such provisional charter was made absolute by action of the Board of Regents on September 30, 1960 and amended by Regents action on September 15, 1995 be, and the same hereby is, amended to change the corporate name to “Lyons Public Library”; to change the number of trustees from the current number of five to not less than five nor more than fifteen and to add the following language:

“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.)

“No part of the net earning of the corporation shall inure to the benefit of any member, trustee, director, 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, 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.

“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 publication or distribution of statements) in any political campaign on behalf of or in opposition to any candidate for public office.

“Upon the 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”

RANDOLPH HISTORICAL SOCIETY

Voted, that

1. A provisional charter valid for a term of five years is granted incorporating Jack W. Berger, Thomas H. Congdon, Karl G. Janish, Dale S. Senn, Dr. Dixon G. Stevens, Howard V. VanRensselaer, Lewis F. Miinte, Stanley J. Gurzinski, Jr., Carol I. Zieres, Connie M. Lockwood and their associates and successors as an education corporation under the corporate name of Randolph Historical Society, located in Randolph, county of Cattaraugus, state of New York.

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

a. To educate children and adults about the history of the town of Randolph and the villages of Randolph and East Randolph;

b. To present appropriate programs, lectures and workshops;

c. To publish important works on history;

d. To mount exhibits of artifacts and documents that interpret local history;

e. To support historic preservation efforts that allow the public to experience the past and make connections to the present, including the development and placement of historical markers;

f. To own and hold a collection of appropriate artifacts related to people, places and activities;

g. To support preservation of historic documents, act as a repository for historical records, official town and village records, institutional business records, family records, and photographs, and maintain a public research facility;

h. To conduct documentary projects to record the history of buildings, people, arts, and institutions;

i. To commemorate and celebrate local historical events and people;

j. To conduct and preserve oral histories and memories;

k. To conduct picture preservation projects to preserve pictorial history; and

l. To cooperate with other historical societies and museum.

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

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

Jack W. Berger

178 Main Street

East Randolph, New York 14730

Thomas H. Congdon

15 North Washington Street

Randolph, New York 14772

Karl G. Janish

35 Jamestown Street

Randolph, New York 14772

Dale S. Senn

3885 Larkin Street Ext.

Randolph, New York 14772

Dr. Dixon G. Stevens

228 Spring Street

East Randolph, New York 14730

Howard V. VanRensselaer

161 Cemetery Hill Road ER

Randolph, New York 14772

Lewis F. Miinte

31 5^th Avenue

Randolph, New York 14772

Stanley J. Gurzinski, Jr.

157 Main Street ER

Randolph, New York 14772

Carol I. Zieres

194 Main Street ER

Randolph, New York 14772

Connie M. Lockwood

12392 Flood Road

Randolph, New York 14772

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.

9. The institution to be maintained by the proposed corporation shall be 28 Jamestown Street, Randolph, New York 14772.

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 BRIDGE STREET CHILD DEVELOPMENT CENTER. An application having been made by and on behalf of the trustees of The Bridge Street Child Development Center, 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 Bridge Street Child Development Center, located in Brooklyn, county of Kings, and state of New York, which was granted by action of the Board of Regents on July 26, 1991 be, and the same hereby is, made absolute.

UCNS. An application having been made by and on behalf of the trustees of UCNS, 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 UCNS, located in Ithaca, county of Tompkins, and state of New York, which was granted by action of the Board of Regents on July 19, 2001 be, and the same hereby is, made absolute.

YORK AVENUE PRESCHOOL AND KINDERGARTEN. An application having been made by and on behalf of the trustees of York Avenue Preschool and Kindergarten, 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 York Avenue Preschool and Kindergarten, located in the city, county and state of New York, which was granted by action of the Board of Regents on November 5, 1999 to operate a nursery school, kindergarten and day care be, and the same hereby is, amended to change the corporate name to the “York Avenue Preschool”; to add authority to also serve two-year-olds; to delete authority to operate a kindergarten and, as so amended, the same be, and hereby is, made absolute.

LOVE OF LEARNING MONTESSORI SCHOOL. An application having been made by and on behalf of the trustees of the Love of Learning Montessori School, for an amendment of its charter, it was

Voted, that the provisional charter of the Love of Learning Montessori School, located in Huntington Station, county of Suffolk, state of New York, which was granted by action of the Board of Regents on February 8, 2000; which provisional charter was amended by Regents action on April 29, 2003 and, as so amended, extended be, and the same hereby is, amended to change the corporate address to 105 Prospect Road, P.O. Box 628, Centerport, New York 11721.

THE BARROW STREET NURSERY SCHOOL AT GREENWICH HOUSE

Voted, that

1. A provisional charter valid for a term of three years is granted incorporating Edward A.K. Adler, Victor Futter, Ronald H. Lamey, Margaret B. Lowe, Katheryn C. Patterson, Patricia M. Paz, Norman Redlich, George A. Davidson and their associates and successors as an education corporation under the corporate name of The Barrow Street Nursery School at Greenwich House, located in the city, county and state of New York.

2. The purposes for which such corporation is formed are to operate a nursery school for preschool children from three to five years of age and day care centers provided that before each such daycare facility shall be established or operated, the prior written approval of the New York State Office of Children and Family Services, and, for centers within the city of New York, the New York City Department of Health, must be obtained.

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

Edward A. K. Adler

86 Barkers Point Road

Sands Point, New York 11050-1328

Victor Futter

17 Sunnyvale Road

Port Washington, New York 11050-4519

Ronald H. Lamey

345 East 52^nd Street

#11C

New York, New York 10022-6324

Margaret B. Lowe

554 Gipsy Trail Road

Carmel, New York 10512

Katheryn C. Patterson

123 East 73^rd Street

New York, New York 10021

Patricia M. Paz

82 Old Post Road South

Croton-on Hudson, New York 10520-2402

Norman Redlich

480 Park Avenue

#5G

New York, New York 10022-1613

George A. Davidson

73 Charles Street

New York, New York 10014

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.

9. The institution to be maintained by the proposed corporation shall be 27 Barrow Street, New York, New York 10014.

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 three 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 three-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 three years, and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

SUNRISE EDUCATION CENTER

Voted, that

1. A provisional charter valid for a term of three years is granted incorporating Jonathan Scott, Stephen M. MacGregor, Anthony H. Ruck, Ronald J. MacGregor, Kevin J. Parker and their associates and successors as an education corporation under the corporate name of Sunrise Education Center, located in Valley Stream, county of Nassau, state of New York.

2. The purposes for which such corporation is formed are to operate a grades seven through twelve school. Students of the school will be members of the Plymouth Brethren IV Church. The school shall be affiliated with said Church.

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

Jonathan Scott

240 East Jamaica Avenue

Valley Stream, New York 11580

Stephen M. MacGregor

236 East Jamaica Avenue

Valley Stream, New York 11580

Anthony H. Ruck

242-27 130^th Road

Rosedale, New York 11422

Ronald J. MacGregor

25 Woodlawn Avenue

Valley Stream, New York 11581

Kevin J. Parker

35 Derby Street

Valley Stream, New York 11581

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.

9. The institution to be maintained by the proposed corporation shall be 123 East Mineola Avenue, Valley Stream, New York 11580-5911.

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.

entertained by the Regents, but in the event that such application is not made, then at the expiration of said term of three years, and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

WEST END DAY SCHOOL

Voted, that

1. A provisional charter valid for a term of three years is granted incorporating Paula Casper, Charles Siegel, Joan Siegel, Jim Webber, Richard P. Swanson, Dina Weintraub, M.D. , Judith Furey and their associates and successors as an education corporation under the corporate name of West End Day School, located in the city, county and state of New York.

2. The purposes for which such corporation is formed are to operate a kindergarten for five year olds and a grades one through six elementary school, in both instances to serve children with social, emotional and/or learning disabilities.

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

Paula Casper

322 West 72 Street

New York, New York 10023

Charles Siegel

251 Locust Lane

East Hills, New York 11577

Joan Siegel

251 Locust Lane

East Hills, New York 11577

Jim Webber

Jim Webber & Associates, Inc.

9 West 29 Street

New York, New York 10001

Richard P. Swanson

432 Red Birch Court

Ridgewood, New Jersey 07450

Dina Weintraub, M.D.

DOCS

55 East 34 Street

New York, New York 10001

Judith Furey

1420 York Avenue

New York, New York 10021

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.

9. The institution to be maintained by the proposed corporation shall be 255 West 71^st Street, New York, New York 10023-3799.

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.

THE DOWNTOWN LITTLE SCHOOL. An application having been made by and on behalf of the trustees of The Downtown Little School, for its provisional charter to be amended and, as so amended, extended, it was

Voted, that the provisional charter of The Downtown Little School, located in the city, county and state of New York, which was granted by action of the Board of Regents on April 27, 1999 be, and the same hereby is, amended to authorize the corporation to change the corporate address to 15 Dutch Street, New York, New York 10038 and to add authority to also operate a toddler program for two-year olds, a grade one elementary school, an after-school care program for children from five to six years of age, and a summer program and, as so amended, extended until December 17, 2007; 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 December 17, 2007 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

THE HANNAH SENESH COMMUNITY DAY SCHOOL. An application having been made by and on behalf of the trustees of The Hannah Senesh Community Day School, for its provisional charter to be extended, it was

Voted, that the provisional charter of The Hannah Senesh Community Day School, located in Brooklyn, county of Kings, state of New York, which was granted by action of the Board of Regents on April 24, 2001 be, and the same hereby is, extended until December 17, 2007; 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 December 17, 2007 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

THE RENAISSANCE SCHOOL FOR CHILDREN. An application having been made by and on behalf of the trustees of The Renaissance School for Children, for its provisional charter to be amended and, as so amended, extended, it was

Voted, that the provisional charter of The Renaissance School for Children, located in Long Beach, county of Nassau, state of New York, which was granted by action of the Board of Regents on July 18, 2002; which provisional charter was amended by Regents action on March 25, 2003 and, as so amended, extended be, and the same hereby is, amended to change the location of the school to 570 West Walnut Street, Long Beach, New York 11561 and, as so amended, extended until December 17, 2007; 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 December 17, 2007 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

THE HANNAH SENESH COMMUNITY DAY SCHOOL and THE COMMITTEE TO FORM THE HANNAH SENECH SCHOOL, INC.

The Hannah Senesh Community Day School, located in Brooklyn, county of Kings, state of New York, was incorporated by the Board of Regents by the issuance of a provisional charter on April 24, 2001; the board of trustees has petitioned the Board of Regents for an extension to their provisional charter.

The Committee to Form the Hannah Senech School, Inc., located in Brooklyn, county of Kings, state of New York, was incorporated pursuant to §402 of the Not-for-Profit Corporation Law (NPCL) on November 21, 1997.

The board of trustees of The Hannah Senesh Community Day School and the board of directors of The Committee to Form the Hannah Senech School, Inc., have petitioned the Board of Regents, pursuant to Education Law §223, for an order consolidating the said corporations under one name, to wit, The Hannah Senesh Community Day School, in accordance with an agreement of consolidation annexed to the petition, with power to carry on and conduct the educational activities heretofore carried on and conducted by said petitioners, and it was

Voted, that

1. Pursuant to the authority contained in Education Law §223, The Hannah Senesh Community Day School and The Committee to Form the Hannah Senech School, Inc., be and hereby are consolidated under the name The Hannah Senesh Community Day School.

2. The principal address of the consolidated corporation shall be located at 215 Pacific Street, Brooklyn, New York 11201.

3. The surviving corporation, The Hannah Senesh Community Day School, shall continue to administer the educational operations and purposes of the constituent corporations in the same manner as they presently exist, and the purposes of the consolidated corporation are:

a. To operate a grades one through eight elementary school;

b. To promote the welfare of children in the home, school and community;

c. To raise the standards of home life, and to bring into closer relation the home and the school, making it possible for parents and teachers to cooperate intelligently in the educational training of children; and

d. To pursue any other lawful purpose that will further the interests of the corporation.

4. The separate existence of the constituent corporations hereby ceases, and the consolidated corporation is hereby vested with all the rights, privileges, immunities, powers and authority possessed by or granted by law to each of the constituent corporations. All assets and liabilities of the respective predecessor corporations are hereby assets and liabilities of the consolidated corporation. All property, real, personal and mixed and all debts to each of the corporations on whatever account are hereby attached to the consolidated corporation and may be enforced against it to the same extent as if the debts, liabilities and duties had been incurred or contracted by it.

5. Charles B. Goldman, Lisa Altshuler, Gary Gottlieb, Pamela Kaplan, Jonathan Katz, Lisa Kleinman, Daniel Kummer, Ellen Phillips, Allegra Schorr, Lisa S. Smith and Marion Stein constitute the first board of trustees, to serve until the first annual meeting of the consolidated corporation. The board has power to adopt bylaws, including therein provisions fixing the method of election and the term of office of trustees, and has power by vote of two-thirds of all the members of the board of trustees to change the number of trustees to be not more than twenty-five nor less than five.

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

7. 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).

8. 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.

9. 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.

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. The consolidation herein shall take effect immediately.

12. The consolidated corporation will operate under the provisional charter of The Hannah Senesh Community Day School.

AMERICAN INSTITUTE FOR PSYCHOANALYSIS. An application having been made by and on behalf of the trustees of the American Institute for Psychoanalysis, for an amendment of its charter, it was

Voted, that the provisional charter of the American Institute for Psychoanalysis, located in the city, county and state of New York, which was granted by action of the Board of Regents on December 20, 1946; which provisional charter was made absolute by Regents action on October 26, 1951 and amended by Regents action on March 29, 1974, October 19, 1978 and November 20, 1992 be, and the same hereby is, amended to add authority, pursuant to Chapter 676 of the Laws of 2002, to also train and certify as psychoanalysts individuals who have earned a Masters Degree (M.D.) or its equivalent in other than a mental health profession field of study.

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

Voted, that the absolute charter in the first instance of Ithaca College, located in Ithaca, county of Tompkins, state of New York, which was granted by action of the Board of Regents under the corporate name “The Ithaca Conservatory and Affiliated Schools” on January 21, 1926; which absolute charter was amended by Regents action on March 19, 1931 to change the corporate name to “Ithaca College,” to delete the College’s authority to confer the degrees of Bachelor of Physical Education (B.Phys.Ed.) and Bachelor of Oral English (B.O.E.), and to add authority for the College to confer the degree of Bachelor of Science (B.S.), February 19, 1943, September 15, 1950, May 24, 1957, April 25, 1958, October 27, 1972, January 17, 1984, September 23, 1994 and February 8, 2000 be, and the same hereby is, amended to add authority for the College to confer the degree of Doctor of Physical Therapy (D.P.T.).

INTERNATIONAL SCHOOL FOR MENTAL HEALTH PRACTITIONERS. An application having been made by and on behalf of the trustees of the International School for Mental Health Practitioners, for its provisional charter to be extended, it was

Voted, that the provisional charter of the International School for Mental Health Practitioners, located in the borough of Staten Island, county of Richmond, state of New York, which was granted by action of the Board of Regents on July 31, 1981; which provisional charter was extended by Regents action on January 21, 1987, September 24, 1993 and June 8, 1999 be, and the same hereby is, extended until December 17, 2009; 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 December 17, 2009 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

THE NEW YORK INSTITUTE FOR PSYCHOANALYTIC SELF PSYCHOLOGY. An application having been made by and on behalf of the trustees of The New York Institute for Psychoanalytic Self Psychology, for its provisional charter to be extended, it was

Voted, that the provisional charter of The New York Institute for Psychoanalytic Self Psychology, located in the city, county, and state of New York, which was granted by action of the Board of Regents on May 21, 1993; which provisional charter was extended by Regents on July 16, 1999 be, and the same hereby is, extended until December 17, 2009; 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 December 17, 2009 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

THE TRAINING AND RESEARCH INSTITUTE FOR SELF-PSYCHOLOGY. An application having been made by and on behalf of the trustees of The Training and Research Institute for Self-Psychology, for its provisional charter to be made absolute, and it not 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 Training and Research Institute for Self-Psychology, located in the city, county, and state of New York, which was granted by action of the Board of Regents on October 16, 1992; which provisional charter was extended by Regents action on February 3, 1999 be, and the same hereby is, extended until December 17, 2009; 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 December 17, 2009 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 53 PROFESSIONAL DISCIPLINE CASES

AND 2 RESTORATION PETITIONS

December 16-17, 2004

The Board of Regents announced disciplinary actions resulting in the revocation of 2 licenses, surrender of 5 licenses and 1 registration, and 45 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 2 restoration petitions.

I. REVOCATIONS AND SURRENDERS

Dentistry

Adrian P. Wizes; 2787 Route 9, Lake George, NY 12845; Lic. No. 044121; Cal. No. 19843; Found guilty of professional misconduct; Penalty: Revocation.

Nursing

Carmen P. Simpkins; Licensed Practical Nurse; 604 Midwood Street, Brooklyn, NY 11203; Lic. No. 216411; Cal. No. 21344; Found guilty of professional misconduct; Penalty: Revocation.

Deborah Hampson; Licensed Practical Nurse; 8 Ontario Street, Port Jefferson Station, NY 11776; Lic. No. 251936; Cal. No. 21638; Application to surrender license granted. Summary: Licensee admitted to being convicted of Robbery in the 2^nd Degree, a class C felony, Possession of a Forged Instrument in the Second Degree, a class D felony, and Possession of a Forged Instrument in the Third Degree, a class A misdemeanor.

Teresa Miller a/k/a Teresa A. Miller; Licensed Practical Nurse, Registered Professional Nurse; 10 Carleton Avenue, Islip Terrace, NY 11752; Lic. Nos. 161110, 360539; Cal. Nos. 21807, 21806; Application to surrender licenses granted. Summary: Licensee admitted to being convicted of the crime of Operating a Motor Vehicle While Under the Influence of Alcohol.

Pharmacy

AAA Chemists, Ltd. d/b/a Eichler Pharmacy; Pharmacy; 97-02 101^st Avenue, Ozone Park, NY 11416; Reg. No. 019007; Cal. No. 21730; Application to surrender registration granted. Summary: Registrant admitted that in each of two inspections, the pharmacy held for sale expired drugs, failed to maintain a daily prescription log, and maintained the dispensing area in an excessively cluttered fashion; and that in one of the inspections, the pharmacy held for sale misbranded drugs.

Public Accountancy

Albert Isernio; Certified Public Accountant; 4 Copperdale Lane, Huntington, NY 11743; Lic. No. 036839; Cal. No. 21880; Application to surrender license granted. Summary: Licensee did not contest that he committed acts constituting the Federal crimes of Falsifying Income Tax Returns and Structuring Cash Deposits, both felonies.

Social Work

Herbert Sklar; Licensed Clinical Social Worker; 6 Colgate Drive, Plainview, NY 11803; Lic. No. 007678; Cal. No. 21850; Application to surrender license granted. Summary: Licensee admitted to being convicted of Grand Larceny in the 3^rd Degree, a class D felony, on May 13, 2003.

II. OTHER REGENTS DISCIPLINARY ACTIONS

Architecture

Daniel Louis Baccari; 86 Garfield Street, Lancaster, NY 14086; Lic. No. 022892; Cal. No. 21731; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 11 month stayed suspension, probation 1 year, $5,000 fine.

Dentistry

Yelena Tkachenko; 729 Mulberry Place, North Woodmere, NY 11581; Lic. No. 048914; Cal. No. 20629; Application for consent order granted; Penalty agreed upon: 18 month actual suspension, 18 month stayed suspension, probation 3 years.

Engineering and Land Surveying

Roderick N. Cobane; Land Surveyor; 1700 Guide Board Road, Schuyler Falls, NY 12985; Lic. No. 049544; Cal. No. 20372; Found guilty of professional misconduct; Penalty: 24 month suspension, execution of last 12 months of suspension stayed, probation 2 years.

William C. Mack; Professional Engineer; P.O. Box 432, Ocean Beach, NY 11770; Lic. No. 066354; Cal. No. 21661; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, probation 2 years, $5,000 fine.

Michael Dubem Iwuchukwu a/k/a Michael D. Iwuchukwu; Professional Engineer; 57 Skyview Drive, Poughkeepsie, NY 12603; Lic. No. 071795; Cal. No. 21834; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, probation 2 years, $1,000 fine.

Nursing

Stacia Smith; Registered Professional Nurse; 40 Oswego Place, Babylon, NY 11704; Lic. No. 501673; Cal. No. 20641; Application for consent order granted; Penalty agreed upon: 2 month actual suspension, 22 month stayed suspension, probation 2 years.

Mary Jo Izzo; Licensed Practical Nurse; 241 Planet Street, Rochester, NY 14606; Lic. No. 086543; Cal. No. 21091; Found guilty of professional misconduct; Penalty: 1 year suspension, execution of last 11 months of suspension stayed, probation 11 months.

Betty L. Page a/k/a Betty L. Moffitt; Licensed Practical Nurse, Registered Professional Nurse; 585 Shafer Road, Harpursville, NY 13787; Lic. Nos. 187621, 408912; Cal. Nos. 21255, 21608; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, probation 1 year, $500 fine.

Debra Ann French; Licensed Practical Nurse; 189 Avondale Road, Rochester, NY 14622; Lic. No. 182677; Cal. No. 21256; 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 to commence upon return to practice, $250 fine.

Ferdinand Zaldivar; Registered Professional Nurse; 10 Cranston Road, Kendall Park, NJ 08824; Lic. No. 457599; Cal. No. 21266; Application for consent order granted; Penalty agreed upon: 3 year suspension with leave to apply on or after service of first 2 years of 3 year period of suspension for a stay of any unserved period of suspension as set forth in consent order application – upon service or stay of execution of any unserved portion of suspension, probation 2 years.

Daniel J. Nicholas, Sr.; Licensed Practical Nurse; 228 B Sage Circle, Horseheads, NY 14845; Lic. No. 248793; Cal. No. 21325; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, probation 1 year, $250 fine.

Karen E. Tripodi; Licensed Practical Nurse; 204 East Avenue, Newark, NY 14513-1008; 510 East Union Street, Newark, NY 14513-1008; Lic. No. 133637; Cal. No. 21330; Found guilty of professional misconduct; Penalty: 2 year suspension, execution of last year of suspension stayed, probation 2 years.

Merissa Milillo a/k/a Merissa Ann Dillingham; Licensed Practical Nurse; 434 Locust Avenue, Oakdale, NY 11769; Lic. No. 269311; Cal. No. 21349; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, probation 2 years.

Amy Caroline Carter; Licensed Practical Nurse; 1405 Buck Lake Road, Booneville, NY 13309; Lic. No. 270044; Cal. No. 21391; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, probation 1 year, $250 fine.

Susan A. Albano a/k/a Jacobi; Registered Professional Nurse; 24 King Street, Depew, NY 14043; Lic. No. 450074; Cal. No. 21509; Application for consent order granted; Penalty agreed upon: Suspension in certain area until terminated as set forth in consent order application, probation 2 years, $500 fine.

Janis Dorothy Curry; Licensed Practical Nurse; 17 Fern Terrace, West Babylon, NY 11704; Lic. No. 221367; Cal. No. 21584; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, probation 1 year.

Jan Greenfield; Registered Professional Nurse; 16 Myrtle Avenue, Greenwood Lake, NY 10925; Lic. No. 449984; Cal. No. 21590; Application for consent order granted; Penalty agreed upon: Suspension for not less than 6 months and until terminated as set forth in consent order application – upon termination of suspension, probation 2 years to commence upon return to practice, 100 hours of public service.

Vicki Leidig; Licensed Practical Nurse; 40 High Lane, Levittown, NY 11756; Lic. No. 249395; Cal. No. 21593; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, probation 1 year.

Qi Ding; Licensed Practical Nurse; 240-14 70^th Street, Douglaston, NY 11362; Lic. No. 256589; Cal. No. 21599; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, probation 2 years.

Stacey Lynn Keck; Licensed Practical Nurse; 418 Prospect Hill Road, Horseheads, NY 14845; Lic. No. 261842; Cal. No. 21603; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, probation 2 years, $250 fine.

Lori-Anne A. Cross; Licensed Practical Nurse; 5 Harvard Street, Schenectady, NY 12304; Lic. No. 256691; Cal. No. 21610; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, probation 1 year, $250 fine.

Janet Aline Stark; Licensed Practical Nurse; 478 Elk Street, Albany, NY 12206; Lic. No. 092922; Cal. No. 21611; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, probation 1 year, $250 fine.

Laurie A. Miller; Registered Professional Nurse; 8621 W. Bucktooth Run, Little Valley, NY 14755; Lic. No. 336358; Cal. No. 21647; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, probation 1 year, $500 fine.

Pamela B. Westley; Licensed Practical Nurse; 11 Cole Avenue, Jamestown, NY 14701; Lic. No. 099873; Cal. No. 21650; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 11 month stayed suspension, probation 1 year.

Michelle Lynn Stephenson; Licensed Practical Nurse; 7 Simione Court, South Glens Falls, NY 12803; Lic. No. 257289; Cal. No. 21657; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, probation 2 years, $250 fine.

Mariamma Varghese; Registered Professional Nurse; 120 Van Guilder Avenue, New Rochelle, NY 10801; Lic. No. 305314; Cal. No. 21660; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, probation 2 years, $2,000 fine.

Kathryn M. Monaco a/k/a Kathryn M. Crawford; Licensed Practical Nurse, Registered Professional Nurse; 280 Route 17-K, Bloomingburg, NY 12721; Lic. Nos. 140668, 328522; Cal. Nos. 21666, 21667; Application for consent order granted; Penalty agreed upon: Suspension for not less than 6 months and until terminated as set forth in consent order application – upon termination of suspension, probation 1 year to commence if and when return to practice.

Gregory Joseph Sieverding; Registered Professional Nurse; 14 Locust Drive, Peru, NY 12972; Lic. No. 514608; Cal. No. 21678; Application for consent order granted; Penalty agreed upon: 1 year suspension – upon termination of suspension, probation 1 year to commence upon return to practice, $500 fine.

Patty Ann Wallis; Licensed Practical Nurse; 6548 Sholtz Road, Verona, NY 13478; Lic. No. 248413; Cal. No. 21683; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, probation 1 year, $500 fine.

John Stephen Rinaldo; Registered Professional Nurse; 2800 Peninsula Road, Oxnard, CA 93035; Lic. No. 537893; Cal. No. 21735; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 11 month stayed suspension, probation 1 year to commence if and when return to practice.

Stacey Lynn McBride-Adkison; Registered Professional Nurse; 411 Wauford Drive, Nashville, TN 37211; 2415 Chapel Hill Ct., Bartlesville, OK 74006; Lic. No. 512705; Cal. No. 21750; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, probation 2 years to commence if and when return to practice.

Karen Black Thompson; Licensed Practical Nurse; 267 Glenwood Avenue, Buffalo, NY 14208; Lic. No. 233549; Cal. No. 21751; Application for consent order granted; Penalty agreed upon: 1 year suspension, probation 1 year, $500 fine.

Santiago Rodriguez; Licensed Practical Nurse; 185 Lark Street, Albany, NY 12210; Lic. No. 253031; Cal. No. 21756; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, probation 1 year, $250 fine.

Elizabeth Fields a/k/a Elizabeth Ann Vosburgh; Registered Professional Nurse; 3709 Birmi Drive, Durham, NC 27713; Lic. No. 352629; Cal. No. 21822; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, probation 2 years.

Pharmacy

Robert A. Crystal; 8 Delee Avenue, Albany, NY 12203; Lic. No. 033744; Cal. No. 19334; Found guilty of professional misconduct; Penalty: 6 month suspension, execution of last 5 months of suspension stayed, probation 2 years.

Kevin Ferry; 780 Smithtown Avenue, Bohemia, NY 11716; Lic. No. 037459; Cal. No. 20936; Application for consent order granted; Penalty agreed upon: 2 year suspension with leave to apply for termination of suspension upon service of at least 6 months of suspension and until terminated as set forth in consent order application – upon service or early termination of suspension, probation 3 years, $1,000 fine, 50 hours of public service.

Public Accountancy

Frank J. Paccione; Certified Public Accountant; 61 Yorkshire Road, New Hyde Park, NY 11040; Lic. No. 045464; Cal. No. 21534; Application for consent order granted; Penalty agreed upon: Suspension for not less than 3 months and until terminated as set forth in consent order application – upon termination of suspension, probation 3 years to commence if and when return to practice, $1,000 fine.

Respiratory Therapy

Gladwin Thornhill; Respiratory Therapist; 1663 Brooklyn Avenue, Brooklyn, NY 11210; Lic. No. 001434; Cal. No. 21616; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, probation 2 years, $1,500 fine.

Social Work

Susan Lynn Korzeniewski; Certified Social Worker; 148 Goodwins Mills Road, Lyman, ME; Lic. No. 039556; Cal. No. 21746; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, probation 2 years to commence if and when return to practice.

Carlos C. Reyes; Certified Social Worker; 108 Valleybrook Lane, East Amherst, NY 14051; Lic. No. 017144; Cal. No. 21764; Application for consent order granted; Penalty agreed upon: 3 month suspension, probation 1 year to commence if and when return to practice, $1,000 fine.

Veterinary Medicine

Mitchell Robbins; 1515 Bush Parkway, Buffalo Grove, IL 60089; Lic. No. 006389; Cal. No. 21854; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, probation 2 years, $500 fine.

III. RESTORATIONS

The Board of Regents voted on December 17, 2004 to stay the order of revocation of the registered physician assistant license of Graciano E. Clause, 164 East 42^nd Street, Brooklyn, NY 11203, for three years, place him on probation for three years under specified terms and conditions, and upon successful completion of the probationary period, fully restore his license. Mr. Clause’s license was originally revoked effective August 6, 1999.

The Board of Regents voted on December 17, 2004 to stay the order of revocation of the physician license of Deborah Williams, 79 MacKay Drive, Bergenfield, NJ 07621, for five years, place her on probation for five years under specified terms and conditions, and upon successful completion of the probationary period, fully restore her license. Dr. Williams’ license was originally revoked effective February 7, 1995.