Meeting of the Board of Regents | February 2008

 

 

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

 

TO:
FROM:	David Johnson
SUBJECT:	Summary of the  January 2008 Meeting
DATE:	January 25, 2008
STRATEGIC GOAL:	Goal #4
AUTHORIZATION(S):

Executive Summary

 

Issue for Decision

 

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

 

Proposed Handling

 

              Approval of the Summary of the January 2008 meeting.

 

Procedural History

 

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

 

Recommendation

 

              Approval of the Summary of the January 2008 meeting.

 

Timetable for Implementation

 

              Effective February 12, 2008.

 

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

 

 

 

 

 

 

 

 

                         SUMMARY OF THE JANUARY 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 14 and 15, 2008

 

 

 

 

 

 

                                            David Johnson, Secretary

                                                   Board of Regents

THE BOARD OF REGENTS

 

              The Board of Regents of The University of the State of New York held a public session on Tuesday, January 15 at 11:00 a.m. pursuant to a call duly sent to each Regent.

 

MEETING OF THE FULL BOARD, Tuesday, January 15, 11:00 a.m.

 

Board Members in Attendance:

 

Robert M. Bennett, Chancellor

Merryl H. Tisch, Vice Chancellor

Saul B. Cohen

James C. Dawson

Anthony S. Bottar

Geraldine D. Chapey

Arnold B. Gardner

Harry Phillips, 3rd

Joseph E. Bowman, Jr.

James R. Tallon, Jr.

Milton L. Cofield

Roger B. Tilles

Karen Brooks Hopkins

 

 

              Also present were the Commissioner of Education, Richard P. Mills, Counsel, Kathy Ahearn, and the Secretary, Board of Regents, David Johnson.  Regents Natalie M. Gomez-Velez and Charles R. Bendit were absent and excused.

 

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

 

 

ACTION ITEMS

 

.

Charter Applications for January 2008

BR (A) 1

 

              MOVED, that the Regents approve each application, with the exception of the amendment of charter application by the Utica Public Library which was withdrawn, in accordance with the recommendations contained in the respective summaries.

 

Motion by:                    Regent Anthony S. Bottar

              Seconded by:           Regent Harry Phillips, 3rd

              Action:                          Motion carried unanimously

 

Summary of the December 2007 Meeting

BR (A) 2

 

              MOVED, that the Summary of the December 2007 Meeting of the Board of Regents of The University of the State of New York be approved.

 

Motion by:                    Regent James C. Dawson

              Seconded by:           Regent Anthony S. Bottar

              Action:                          Motion carried unanimously

 

Supplemental Charter Application

BR (A) 4

             

              MOVED, that the Regents approve the application submitted by the Seward House Museum in accordance with the recommendation contained in the summary.

 

Motion by:                    Regent James C. Dawson

              Seconded by:           Regent Arnold B. Gardner

              Action:                          Motion carried unanimously

 

 

State Education Department December 2007 Fiscal Report

BR (A) 3

 

              The Board received the December 2007 Fiscal Report for review and acceptance.

             

              All general fund and federal accounts are in structural balance.

 

              Revenue accounts are in structural balance, allowing for normal reimbursement delays in the planned use of prior year balances.  After expending prior year funds, the Archives Partnership Trust (APT) will use sufficient revenue from the APT endowment, pursuant to Chapter 399 of the Laws of 1998, to maintain structural balance.      

 

              The Office of Cultural Education December summary includes a revision to the Special Revenue, Cultural Education Account summary that highlights the funds that have been set aside for the renewal of the New York State Museum.

 

              MOVED, that the Board of Regents accept the December 2007 State Education Department Fiscal Report as presented.

 

 

              Motion by:                    Regent Milton L. Cofield

              Seconded by:           Regent Geraldine D. Chapey

              Action:                          Motion carried unanimously

 

Enterprise
Charter School
’s Proposed First Renewal Charter

EMSC (A) 17

 

MOVED, that the Board of Regents returns the proposed first renewal charter of the Enterprise Charter School to the Board of Education of the City School District of the City of Buffalo for reconsideration, and with the following comments and recommendations:  The school’s academic results, as well as the results of a recent audit conducted by the Office of the State Comptroller, raise significant concerns regarding the school’s ability to operate in an educationally or fiscally sound manner and whether a renewal for the period of time sought (five years) is likely to improve student learning and achievement.  It is therefore recommended that the Board of Education of the City School

District of the City of Buffalo abandon its request for a five-year renewal of the school’s charter and, after conducting all necessary hearings, submit a proposed charter which, at most, runs through the end of the 2007-2008 school year (i.e., for a term ending on June 30, 2008).

 

              Motion by:                    Regent Harry Phillips, 3rd

              Seconded by:           Regent James C. Dawson

              Action:                          Motion carried unanimously

 

 

INFORMATION ITEM

 

Report on Roosevelt Union Free School District

BR (I) 1

 

              The Board received a brief overview of the written report on work underway and progress made in the Roosevelt Union Free School District (UFSD) to support student success.

 

              Robert Wayne Harris was introduced as the new superintendent of the Roosevelt UFSD and he provided the Board with an oral update on progress and his vision for the future of the district.

 

             

Commissioner’s Summary

Oral

 

              Commissioner Richard P. Mills summarized the meeting, including actions taken by each Standing Committee and decisions regarding Board operations.  These include: Board expects recommendations on how to respond to audit patterns, Board policy and Department enforcement; must have strong internal and external communications; continue to provide constructive advice on State aid proposal; and involve all of USNY constituencies in the work of the consultants.

 

STANDING COMMITTEE REPORTS

 

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

 

              Motion by:                    Regent Joseph E. Bowman, Jr.        

              Seconded by:           Regent Geraldine D. Chapey

              Action:                          Motion carried unanimously

 

 

REGENTS COMMITTEE ON POLICY INTEGRATION AND INNOVATION

 

Chancellor Robert M. Bennett, Chair of the Committee on Policy Integration and Innovation, presented on behalf of the Committee the following written report.

 

Your Committee held its scheduled meeting on January 14, 2008.  Vice Chancellor Tisch, and Regents Cohen, Dawson, Bottar, Chapey, Bowman and Tallon were present.  Regents Gardner, Phillips, Cofield, Tilles, Brooks Hopkins, and Bendit also attended.  Commissioner Mills was present. 

 

 

Your Committee heard an update from the Commissioner on the status of the three Foundation grant projects.  In following discussion, your Committee underscored the importance of all the parts of USNY participating in the respective dialogues.  It is also essential that the work of the three consulting firms is well-coordinated.

 

Your Chair asked Committee members to review the Regents Communications and Advocacy Strategies items.  Key comments from this discussion were:

 

• We should plan to assess our performance with advocacy right after the State budget is passed.

 

• We should seek out external partners who share our desired outcomes regarding budget and legislative priorities to support and supplement our own advocacy.

 

• To be effective with legislators, we need to know what their own interests are so that we can demonstrate how our priorities can fit with theirs.

 

• The Commissioner plans to travel to Washington DC with Board members to meet with members of the NY Delegation.  These trips will be on-going and occur approximately every six weeks.

 

• The next steps include: Arranging for Deputy Commissioners to accompany Regents on their advocacy visits with legislators, scheduling additional meetings with legislators both in Albany and in the legislators’ districts and proceed with the distribution of the advocacy materials shared with the Board this month.

 

As a final discussion item, the Committee reviewed the Quick Response item.  The Committee directed the Commissioner to share the item with the Regents Technology Policy and Practices Council to determine what advice the members could give the Department on making improvements where needed.

 

 

 

REGENTS COMMITTEE ON ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

 

              Your EMSC Committee held its scheduled meeting on January 14, 2008.  All members were present. 

 

ACTION ITEMS

 

Regulations

 

Your Committee recommends that that section 100.8 of the Regulations of the Commissioner of Education relating to local high school equivalency program be amended, as submitted, effective February 7, 2008.   [EMSC (A) 1]

 

Your Committee recommends that section 100.13 of the Regulations of the Commissioner be added and that paragraph (1) of subdivision (e) of section 170.12 relating to Contracts for Excellence, be amended as submitted, effective January 22, 2008, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare in order to ensure that the emergency rule that was adopted at the April Regents meeting, revised and readopted at the June and July Regents meetings, and readopted at the September and October Regents meeting, remains continuously in effect until the effective date of its adoption as a permanent rule.  The Committee was also provided an update on the Contracts for Excellence, including a discussion on possible regulatory and legislative revisions as a result of suggestions from the Board of Regents, school districts and advocacy groups.  Regent Bowman and Senior Deputy Commissioner Johanna Duncan-Poitier provided feedback on the December 19, 2007 meeting with the Contracts for Excellence Superintendents.    [EMSC (A) 22]

 

Design for the Career and Technical Education Five-Year Plan (Carl D. Perkins Career and Technical Education Improvement Act of 2006)

 

              Your Committee recommends that the Board of Regents approve the July 1, 2008 through June 30, 2013 career and technical education five-year state plan design and direct staff to complete the five-year state plan for submission to the U.S. Department of Education as required under the federal Carl D. Perkins Career and Technical Education Improvement Act of 2006.  [EMSC (A) 16]

 

Charter Schools

 

              Your Committee recommends that the Board of Regents issue a charter and provisional charter to the Rochester Academy Charter School for a term of approximately four years, five months, ending on June 30, 2012.  [EMSC (A) 4]

 

Your Committee recommends that the Board of Regents return the proposed charter of the True North Troy Charter School to the Trustees of the State University of New York for reconsideration, and with the following comments and recommendations:  update the curriculum to address and be aligned with all seven New York State Learning Standards areas.  [EMSC (A) 5]

 

Your Committee recommends that the Board of Regents approve and issue the first renewal charter of the Sankofa Charter School as proposed by the Board of Trustees of the State University of New York, and that its provisional charter be extended for a term ending on July 31, 2008.   [EMSC (A) 29]  (This item was amended from its original version [EMSC (A) 6])

 

Your Committee recommends that the Board of Regents approve and issue the charter of the PAVE Charter School as proposed by the Chancellor of the city school district of the City of New York, and issue a provisional charter to it for a term of five years, ending on January 14, 2013.  [EMSC (A) 7]

 

Your Committee recommends that the Board of Regents approve and issue the charter of the Mott Haven Academy Charter School as proposed by the Chancellor of the city school district of the City of New York, and issue a provisional charter to it for a term of five years, ending on January 14, 2013.   [EMSC (A) 8]

 

Your Committee recommends that the Board of Regents approve and issue the charter of The Ethical Community Charter School as proposed by the Chancellor of the city school district of the city of New York, and issue a provisional charter to it for a term of five years, ending on January 14, 2013.  [EMSC (A) 9]

 

Your Committee recommends that the Board of Regents approve and issue the charter of the Dream Charter School as proposed by the Chancellor of the city school district of the city of New York, and issue a provisional charter to it for a term of five years, ending on January 14, 2013.  [EMSC (A) 10]

 

Your Committee recommends that the Board of Regents approve and issue the charter of the Achievement First Brownsville Charter School as proposed by the Trustees of the State University of New York, and issue a provisional charter to it for a term of five years, ending on January 14, 2013.  [EMSC (A) 11]

 

Your Committee recommends that the Board of Regents approve and issue the charter of the Collegiate Charter School as proposed by the Trustees of the State University of New York and issue a provisional charter to it for a term of five years, ending on March 14, 2013.  [EMSC (A) 12]

 

Your Committee recommends that the Board of Regents approve and issue the charter of the Voice Charter School as proposed by the Chancellor of the city school district of the City of New York, and issue a provisional charter to it for a term of five years, ending on January 14, 2013.  [EMSC (A) 13]

 

Your Committee recommends that the Board of Regents approve and issue the charter of The Equity Project Charter School as proposed by the Chancellor of the city school district of the city of New York, and issue a provisional charter to it for a term of five years, ending on January 14, 2013.  [EMSC (A) 14]

 

Your Committee recommends that the Board of Regents approve and issue the charter of the St. Hope Leadership Academy Charter School as proposed by the Chancellor of the city school district of the city of New York, and issue a provisional charter to it for a term of five years, ending on January 14, 2013.  [EMSC (A) 15]

 

Your Committee recommends that the Board of Regents approve and issue the charter of the Green Dot New York Charter School as proposed by the Trustees of the State University of New York and issue a provisional charter to it for a term of five years, ending on January 14, 2013.  [EMSC (A) 18]

 

Your Committee recommends that the Board of Regents approve and issue the charter of the Brooklyn Ascend Charter School as proposed by the Chancellor of the city school district of the City of New York, and issue a provisional charter to it for a term of five years, ending on January 14, 2013.  [EMSC (A) 19]

 

Your Committee recommends that the Board of Regents approve and issue the charter of the Bronx Community Charter School as proposed by the Chancellor of the city school district of the city of New York, and issue a provisional charter to it for a term of five years, ending on January 14, 2013.  [EMSC (A) 20]

 

Your Committee recommends that the Board of Regents issue a charter and provisional charter to the La Cima Charter School for a term of five years, ending on January 14, 2013.  [EMSC (A) 21]

 

Your Committee recommends that the Board of Regents return the proposed first renewal charter of the KIPP S.T.A.R College Prep Charter School to the Board of Trustees of the State University of New York for reconsideration and with the following comments and recommendations:  That the proposed first renewal charter be resubmitted to the Regents for consideration after a public hearing concerning the renewal of the school is held and any comments raised at this hearing have been considered.  [EMSC (A) 23]

 

Your Committee recommends that the Board of Regents return the proposed first renewal charter of the Bronx Charter School for Excellence to the Board of Trustees of the State University of New York for reconsideration and with the following comments and recommendations:  That the proposed first renewal charter be resubmitted to the Regents for consideration after a public hearing concerning the renewal of the school is held and any comments raised at this hearing have been considered.  [EMSC (A) 24]

 

Your Committee recommends that the Board of Regents return the proposed first renewal charter of the Bronx Charter School for Better Learning to the Board of Trustees of the State University of New York for reconsideration and with the following comments and recommendations:  That the proposed first renewal charter be resubmitted to the Regents for consideration after a public hearing concerning the renewal of the school is held and any comments raised at this hearing have been considered.  [EMSC (A) 25]

 

Your Committee recommends that the Board of Regents return the proposed revisions to the initial charter of the Albany Preparatory Charter School to the Trustees of the State University of New York (SUNY) for reconsideration, and with the following comment and recommendation: that the proposed revision be modified to eliminate the authorization for the charter school to unilaterally increase class sizes and/or total enrollment without further approval by the charter entity and the Board of Regents.  [EMSC (A) 26]

 

Your Committee recommends that the Board of Regents approve the revision to the initial charter of the Achievement Academy Charter School as proposed by the Trustees of the State University of New York, and the provisional charter is amended accordingly.  [EMSC (A) 27]

 

Your Committee recommends that the Board of Regents approves the revision to the first renewal charter of the New Covenant Charter School as proposed by the Trustees of the State University of New York, and the provisional charter is amended accordingly.  [EMSC (A) 28]

 

Your Committee recommends that the Board of Regents return the proposed charter of the Carl C. Icahn Charter School Far Rockaway to the Trustees of the State University of New York for reconsideration, and with the following comments and recommendations: That the number of Trustees associated with the institutional partner (or any other business or entity) be limited to a maximum of forty per cent of total Board.  [EMSC (A) 30]

 

Your Committee recommends that the Board of Regents return the proposed charter of the Harlem Success Academy Charter School II to the Trustees of the State University of New York for reconsideration, and with the following comments and recommendations: That the proposed charter school’s curriculum be aligned with New York State Learning Standards; the School demonstrate it is has gathered sufficient evidence of parent support to demonstrate it will operate at full enrollment upon opening; the School  gather New York State performance data to demonstrate it is a proven educational model for replication; the School clarify the roles of the Board of Trustees and its educational management organization; the proposed management company is authorized to manage charter schools in New York State; and the School submit evidence to demonstrate it will be fiscally sound.  It is recommended that these issues be addressed prior to resubmitting this School’s proposed charter for further consideration.   [EMSC (A) 31]

 

Your Committee recommends that the Board of Regents return the proposed charter of the Harlem Success Academy Charter School III to the Trustees of the State University of New York for reconsideration, and with the following comments and recommendations: That the proposed charter school’s curriculum be aligned with New York State Learning Standards; the School demonstrate it is has gathered sufficient evidence of parent support to demonstrate it will operate at full enrollment upon opening; the School  gather New York State performance data to demonstrate it is a proven educational model for replication; the School clarify the roles of the Board of Trustees and its educational management organization; the proposed management company is authorized to manage charter schools in New York State; and the School submit evidence to demonstrate it will be fiscally sound.  It is recommended that these issues be addressed prior to resubmitting this School’s proposed charter for further consideration.  [EMSC (A) 32]

 

Your Committee recommends that the Board of Regents return the proposed charter of the Harlem Success Academy Charter School IV to the Trustees of the State University of New York for reconsideration, and with the following comments and recommendations: That the proposed charter school’s curriculum be aligned with New York State Learning Standards; the School demonstrate it is has gathered sufficient evidence of parent support to demonstrate it will operate at full enrollment upon opening; the School  gather New York State performance data to demonstrate it is a proven educational model for replication; the School clarify the roles of the Board of Trustees and its educational management organization; the proposed management company is authorized to manage charter schools in New York State; and the School submit evidence to demonstrate it will be fiscally sound.  It is recommended that these issues be addressed prior to resubmitting this School’s proposed charter for further consideration.   [EMSC (A) 33]

 

The revisions to the first renewals of Brighter Choice Charter School for Girls and Brighter Choice Charter School for Boys were postponed until the February Regents meeting.   [EMSC (A) 2] and [EMSC (A) 3]

 

The proposed first renewal charter of the Enterprise Charter School was moved from EMSC Committee on January 14, 2008 to the Full Board Committee on January 15, 2008.  [EMSC (A) 17]

 

 

MOTION FOR ACTION BY FULL BOARD

             

              Mr. Chancellor and Colleagues:  Your EMSC Committee recommends, and I move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on January 14, 2008, copies of which have been distributed to each Regent.

 

MATTERS NOT REQUIRING BOARD ACTION

 

Development of an Enhanced School Accountability System – The Committee heard a presentation and discussed the various components of the enhanced accountability system required by Chapter 57 and how it is aligned with Regents policy objectives.  The Committee discussed the use of School Quality Review Teams, Joint Intervention Teams and Distinguished Educators to leverage improvement in low performing schools and districts.   [EMSC (D) 1]

 

Building Aid Apportionment for New York City – The Committee discussed a proposed amendment to regulations regarding the average interest rate used to apportion building aid to NYC.  In 2006, Chapter 56 amended the law regarding the computation of the interest rate used to determine NYC’s building aid allocation, but the regulation prescribing the methodology for computing this aid was never changed.  This proposed amendment will align regulations with statute.  [EMSC (D) 2]

 

 

             

REGENTS COMMITTEE ON VOCATIONAL AND EDUCATIONAL SERVICES FOR INDIVIDUALS WITH DISABILITIES

 

Your VESID Committee held its scheduled meeting on January 14, 2008.   All

members were present, with the exception of Regent Gomez-Velez, who was excused.  Additional members of the Board attending were:  Chancellor Bennett, Vice-Chancellor Tisch, Regent Bendit, Regent Bottar, Regent Brooks Hopkins, Regent Cofield, Regent Cohen, Regent Dawson, Regent Phillips, and Regent Tallon,

 

MATTERS NOT REQUIRING BOARD ACTION

 

Proposed Amendment to the Regulations of the Commissioner Relating to the 2004 Reauthorization of the Individuals with Disabilities Education Act – The Committee discussed proposed amendments that would conform State regulations to New York

State Law, as amended by Chapter 378 of the Laws of 2007, the Individuals with

Disabilities Act (IDEA 2004) and Part 300 of the Code of Federal Regulations. The proposed amendments will be published in the State Register and public hearings will be conducted in March and April in New York City, Albany and Syracuse. Following receipt of public comment, the proposed amendments will be submitted for action at the May 2008 meeting.  [VESID (D) 1]

 

The Temporary Task Force on Preschool Special Education Created by Article VII of

the2007-08 State Budget - The Committee discussed the conclusions and recommendations from the Temporary Task Force on Preschool Special Education which included their primary recommendations as well as their secondary recommendations and the strategies to implement them.   [VESID (D) 2]

 

Provision of Special Education Services to students with Disabilities who are Home Schooled - The Committee discussed the provision of IEP services by a public school district to students with disabilities who are home schooled students.   [VESID (D) 3]

 

 

                                 REGENTS COMMITTEE ON HIGHER EDUCATION

AND PROFESSIONAL PRACTICE

 

              Your Higher Education and Professional Practice Committee held its scheduled meeting on January 15, 2008.  All Committee members were present, except Vice Chancellor Merryl H. Tisch, who was excused from the executive session.  

 

                                                                  ACTION ITEMS

 

Professional Discipline Cases

 

              Your Committee recommends that the reports of the Regents Review Committees, including rulings, findings of fact, determinations as to guilt, and recommendations, by unanimous or majority vote, contained in those reports which have been distributed to you, be accepted in 4 cases, be explained in one of those cases as hereafter set forth, and be accepted in one other case, except that the penalty recommended to be imposed in that case be modified as hereafter set forth.  In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 19 consent order applications and 4 surrender applications be granted, with six members of the committee voting acceptance of the consent application in the case of Shaheen Begum, pharmacist, Calendar No. 23450 and with Regent Saul B. Cohen and Regent Arnold B. Gardner voting in opposition to the application in said case, and further recommends that 1 summary suspension application be denied. 

 

              In the case of Gregory Lawrence Freda a/k/a Gregory L. Freda, Podiatrist, Calendar. No. 23062, we recommend that the recommendation of the Regents Review Committee as to the findings of fact, determination as to guilt, and recommendation as to the penalty be accepted, with the issue of whether or not to “disavow” the rationale of the hearing panel as to the determination to be rendered as to the third and fourth specifications not being reached under the circumstances herein, as the outcome regarding the determination that respondent was not guilty of those specifications was  not contested by the parties in this case.

 

              In the case of Syed Tausif-Ul-Hasan Rizvi, pharmacist, under Calendar No. 23428, the report of the Regents Review Committee be accepted, except that its recommendation as to the penalty to be imposed contained in said report not be accepted, and that, based upon a more serious view of respondent’s misconduct, that respondent’s license to practice as a pharmacist the State of New York be suspended for two years, that respondent be fined  $10,000, and that respondent be placed on probation for two years, under the terms of probation prescribed by the Regents Review Committee.  

 

              These recommendations are made following the review of 29 cases involving 10 licensed practical nurses, 5 pharmacists, 2 licensed practical nurses who are also registered professional nurses, 2 pharmacies, 2 podiatrists, 2 registered professional nurses, 1 certified public accountant, 1 massage therapist, 1 physical therapist, and 1 physical therapy professional corporation.

 

Action Items

 

              Your Committee recommends that the Board of Regents authorize Long Island Business Institute effective January 15, 2008, to confer the Associate in Occupational Studies (A.O.S.) degree upon students successfully completing registered programs at that institution and change the designation of the Flushing location to Long Island Business Institute’s main campus and the Commack location to the branch campus. [HE&PP (A) 1]

 

Consent Agenda Items

 

              Your Committee recommends that the Board of Regents approved the appointments and reappointments of members to the State board for the Professions; and reappointment of extended member to the State Boards for the Professions for service on licensure disciplinary and/or licensure restoration and moral character panels.  [HE&PP (CA) 1]

 

              Your Committee recommends that the Board of Regents approve the recommendations of the Committee on the Professions regarding licensing petitions.  [HE&PP (CA) 2]

 

              Your Committee recommends that section 62.5 of the Regulations of the Commissioner of Education relating to the professional education requirement for admission to the licensing examination for veterinary technicians be amended, as submitted, effective February 7, 2008.  [HE&PP (CA) 3]

 

              Your Committee recommends that section 61.5 of the Regulations of the Commissioner of Education relating to the continuing education requirement for dentists be amended and add a new section 61.19 relating to the newly mandated certification in cardiopulmonary resuscitation, as submitted, effective February 7, 2008.  [HE&PP (CA) 4]

 

              Your Committee recommends that the Board of Regents authorize the Board of Trustees of the State University of New York to confer the additional degree of Doctor of Nursing Practice (D.N.P.) at the State University of New York at Stony Brook.  [HE&PP (CA) 5]

 

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 15, 2008, copies of which have been distributed to each Regent.

 

                                      MATTERS NOT REQUIRING BOARD ACTION

 

              Your Committee discussed several topics of interest, including:

 

• Proposed amendment to the Rules of the Board of Regents Relating to the Requirement that health Professionals Wear an Identifying Badge.  The proposed amendment will extend to all practice settings the requirement that licensed health professionals wear name badges that identify in which profession that they are licensed to practice.  The proposed amendment will be submitted for action at the March 2008 Regents Meeting and, if approved, will become effective on April 10, 2008.  [HE&PP (D) 1]

 

• Associate Commissioner’s Report for the Office of the Professions.  The Associate Commissioner for the Office of the Professions reported on recent noteworthy activities relating to the Office of the Professions.  [HE&PP (D) 2]

 

• Preliminary Report of the New York State Commission on Higher Education – Regent Cofield led a discussion on the key findings and recommendations of the Commission on Higher Education and how they align with the Regents Statewide Plan for Higher Education and the Regents P-16 Action Plan.  [HE&PP (D) 3]

 

• Review of Regulatory Requirements for Proprietary Colleges – Staff provided a conceptual overview of some recommended statutory, regulatory, and policy changes relating to the transfer of degree conferring authority for proprietary colleges including changes to help deal with "planned short term ownership" of these colleges.  This discussion was requested by the Higher Education and Professional Practice Committee at the December 2007 meeting.  Members of the Committee provided additional suggestions for possible changes and raised issues that may need to be addressed.  (No written item for this discussion). 

 

• State Professional Standards Board for Teaching – Priorities for 2007-08 – The Committee heard a presentation from the PSPB Co-Chairs, Eric Gidseg and Debra Colley.  Their presentation focused on the PSPB goals for 2008 related to professional development, mentoring, and teacher education policy and how this work aligns with the priorities of the Board of Regents.   Members of the Committee requested additional opportunities to meet with and work with the PSPB on Regents priority issues.  [HE&PP (D) 4]

 

• Educational Leadership Programs and Examinations – The Committee discussed a proposed implementation plan for the Education Leadership examinations required by current regulations.  The Committee also discussed the development of proposed regulation changes related to the enhancement of academic programs in the areas of fiscal accountability and ethics and improved flexibility in certification.  The Committee expressed its endorsement of the recommendations proposed by staff.  The Committee also asked staff to come back with information related to the educational leadership training in England. [HE&PP (D) 5]

 

             

REGENTS COMMITTEE ON CULTURAL EDUCATION

 

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

 

Your Committee on Cultural Education had its scheduled meeting on January 14, 2008.  Regents Dawson, Tilles, Phillips, Bowman, Brooks Hopkins, Gardner, Tisch, and Bendit attended.

 

ITEMS FOR DISCUSSION

 

Chairs’ Remarks

 

 Regent Dawson greeted everyone and opened the meeting.  The Department went over the Regents Priorities.  A 24-month calendar of priorities and advocacy plans will be released.

 

Deputy’s Report

 

             Deputy Commissioner Jeffrey Cannell reported to the Committee on the following updates from the Office of Cultural Education:

 

• The Museum recently published Before Albany: An Archaeology of Native-Dutch Relations in the Capital Region 1600-1664.  The book explores the interaction between Native Americans and the Dutch settlers living in the Beverwijck settlement, now present-day Albany.
• For a second consecutive year, the Archives was asked to display New York's engrossed copy of the US Constitution at a New Year’s Day open house at the Executive Mansion hosted by the Governor and his family. 
• Since August 2007, the Archives has been working closely with the Office for Technology (OFT) on a study of the utility of using open document formats in state government. This study helps forge a strong partnership between OFT and the Archives in a realm, electronic records of government, where both entities share an indivisible commitment. OFT will deliver a report to the Governor and the Legislature on January 15, 2008 that addresses the mechanisms and processes for obtaining access to and reading electronic data so that such data can be created, maintained, exchanged, and preserved by the state in a manner that encourages appropriate government control, access, choice, interoperability, and vendor neutrality.
• In 2007, nearly 775,000 visitors came to the State Museum - about average for the past six years and 40% higher than the previous five years.  Staff presented more than 200 public programs.
• Gallery renewal update: 100% schematic designs have been completed for both galleries (the natural history gallery and the history gallery) and continue on schedule.
• In 2005, the Day Peckinpaugh, a nearly 300-foot-long vessel, was rescued by the New York State Museum.  It possesses outstanding historical significance and now its industrial character and authenticity can launch an educational mission.  Its cargo hold offers an exhibition gallery nearly 140-feet in length.  With extra effort, the Peckinpaugh hopes to bring this capability to audiences across New York State as part of the 2009 Hudson-Fulton-Champlain Quadricentennial. The Peckinpaugh will berth at the Matton's shipyard at Peebles Island State Park.  OPR's Environmental Protection Fund is currently underwriting the initial renovation of the ship.
• The State Library is requesting $1.25 million through the Universal Broadband Access Grant Program for a statewide project that targets identified rural and urban public libraries serving high-need communities.  $1 million will enable public libraries to create or upgrade their broadband Internet access. $250,000 will provide such libraries with the resources to create Digital Literacy Centers.
• The State Library has signed an agreement with the Bill & Melinda Gates Foundation that will provide more than $4 million in grants for public-access computers in public libraries across the state. This is the latest in a series of Gates Foundation grants to New York totaling $30 million. Currently, 420 libraries in New York State are tentatively eligible for the grants; the libraries must provide matching funds to be eligible. A short (one-minute) video about the grants will soon be available on the State Library’s website to inform the public and libraries about the grant program.
• Two Associates have been appointed to School Library Services in the EMSC Office.  John Brock from the Delaware-Chenango-Madison-Otsego BOCES, and Dr. Joanne Parnes Shawhan from Cobleskill-Richmondville High School.  This represents a significant step in reestablishing coordination between the State Library and other components of SED to improve K–12 school library service, which is key to student achievement.
• Mr. Cannell reported on an education conference he attended recently at Bard College, “Using the Arts to Energize Core Curriculum,” that was sponsored by The New York Alliance for Art Education, The Columbia County Council on the Arts, The Fisher Center for the Performing Arts, and The New York Council on the Arts.

 

              Public Library and Public Television Early Literacy Partnerships – “Bridging the Achievement Gap” Proposal CE(D)1

 

The Regents 2008-2009 Budget Proposal includes a $5 million request for new ongoing, State funds to establish collaborative early literacy programs in cultural institutions. Bridging the Achievement Gap is a proposal to use the $5 million to establish partnerships in each of the nine regions of New York State served by a public television station.

 

Each Bridging the Achievement Gap partnership would identify resources from public libraries and public television; connect them with community agencies and organizations who already work with young children at risk of failing to complete their education; and deliver to these children, their parents and caregivers a coordinated and cost effective system of resources, services and support focused on a single goal: every child is ready to enter school.

 

Liz Hood, Director of Educational Television and Public Broadcasting, introduced the USNY Cabinet on Early Childhood Education.  The group has worked to close the achievement gap by finding ways to help children arrive at school ready to learn.  She further reported on what public television was doing to address this issue.  That the essence of this proposal is to bring the other agencies and libraries and public television together, so that early education resources can be delivered to the families cost effectively and efficiently; to encourage partnerships to involve the Child Care Resource and Referral agencies, with the goal to draw home-based daycare providers to improve the learning environment for their children.

 

Early learning and literacy is a growing concern in New York.  Cassandra Artale of the New York State Library presented how libraries are responding to this issue, including Family Place Libraries, literacy programs, Growing a Reader, and other library-based programs. 

 

In addition, Mary Shaheen, Vice President, United Way of New York State and Robert G. Frawley, Senior Policy Analyst, Council on Children and Families also gave reports related to this topic.   Ms. Shaheen reported on United Way programs that complement the proposed initiative, including Success by Six and the Born Learning programs.

 

Staff recommends the Cultural Education Committee review the information and provide direction to staff.  With the Committee’s approval, the “Bridging the Achievement Gap” document will be distributed to the field in January 2008.

 

 

 

 

 

REGENTS SUBCOMMITTEE ON AUDITS

 

Your Regents Subcommittee on Audits met yesterday morning.

 

We spent a good deal of time discussing the best method of using the information contained in the many audit reports provided to us in order to assist the Board in its Governance responsibilities.  Audit staff have been tracking audit trends and providing the subcommittee with that data.  Beginning with our next meeting we will routinely be presented with an in depth analysis of the issues related to one of the trends.

 

We discussed possible actions to address the audit finding trends reflected in the reports.  Some of the possible actions discussed include changes in existing policies, enforcement of actions by the Commissioner, advocating for stronger statutory provisions, and more training.

 

Although we have begun to focus more on the potential policy implications of audit finding trends, rather than individual audit reports, the Department’s internal audit work group will provide the subcommittee with a monthly report. That report will identify audits the group considered significant and will identify Department actions, if needed.

 

Audit staff also briefed us on the recently issued audit of the Title 1 program at the William Floyd School District. The United States Department of Education, Office of Inspector General had conducted a prior audit and determined that documentation of Title I expenditures was insufficient and there were potentially $4 million in unsupported Title I expenditures.  The Assistant Secretary for Elementary and Secondary Education issued a program determination directing the Department to audit the funds and determine the extent of unsupported expenditures. OAS conducted the audit and identified over $500,000 in unsupported Title I expenditures.

 

Audits presented to the Subcommitee identified findings in the areas of procurement, claims processing, payroll, cash, financial reporting, information technology, conflicts of interest, and the extraclassroom activity fund.

 

The following 38 audits were presented for our review.

 

Office of Audit Services (OAS)

 

William Floyd Union Free School District

 

Office of the State Comptroller

 

              Alden Central School District

              Bloomfield Central School District

Bradford Central School District

              Brushton-Moira Central School District

              Burnt Hills-Ballston Lake Central School District

              Canastota Central School District

              Cazenovia Central School District

              Chateaugay Central School District

              Clinton Central School District

              Dover Union Free School District

              Fallsburg Central School District

              Fort Ann Central School District

              Fort Edward Union Free School District

              Gananda Central School District

              Guilderland Central School District

              Hauppauge Union Free School District

              Holland Central School District

              Holley Central School District

              Hudson Falls Central School District

              Kendall Central School District

              Lansingburgh Central School District

              Monticello Central School District

              Mount Markham Central School District

              Mount Sinai Union Free School District

              New York Mills Union Free School District

              Norwich City School District

              Oakfield-Alabama Central School District

              Pelham Union Free School District

              Pine Valley Central School District

              Pinnacle Charter School

              Pulaski Academy and Central School District

              Sauquoit Valley Central School District

              Southern Cayuga Central School District

              Starpoint Central School District

              Sullivan County BOCES

              Wainscott Common School District

              Weedsport Central School District

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix I

NEW YORK
STATE BOARD OF REGENTS CHARTER ACTION

 

CULTURAL EDUCATION

 

 

ABSOLUTE CHARTER

 

THE HISTORICAL SOCIETY OF THE COURTS OF THE STATE OF NEW YORK

White Plains
, Westchester County

 

A provisional charter was granted to this corporation by action of the Board of Regents on April 23, 2002 to preserve the legal history of the State of New York. The board of trustees has applied for an absolute charter. The Office of Cultural Education recommends that the provisional charter be made absolute.

 

AMENDMENT OF CHARTERS

 

TOWN OF GAINESVILLE PUBLIC LIBRARY

Silver Springs
, Wyoming
County

 

A provisional charter was granted to this corporation by action of the Board of Regents on February 27, 1964 to operate a public library.  Such provisional charter was extended by Regents action on June 27, 1969 and was made absolute by Regents action on September 21, 1973. The board of trustees has applied for an amendment to the absolute charter to change the number of trustees from five to not less than five nor more than fifteen, to designate the Commissioner of Education as agent of the corporation upon whom process in any action or proceeding against it may be served, and to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3).   The Office of Cultural Education recommends that the absolute charter be amended accordingly.

 

WHITEHALL
FREE LIBRARY

Whitehall
, Washington
County

 

A provisional charter was granted to this corporation by action of the Board of Regents on October 28, 1909 to operate an association library.  Such provisional charter was made absolute by Regents action on May 2, 1912 and amended on November 24, 1919. The board of trustees has applied for an amendment to the absolute charter to define the service area of the library to be the Whitehall Central School District, to designate the Commissioner of Education as agent of the corporation upon whom process in any action or proceeding against it may be served, and to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3).   The Office of Cultural Education recommends that the absolute charter be amended accordingly.

 

PROVISIONAL CHARTERS

 

THE HALF HOLLOW HISTORICAL ASSOCIATION

Dix Hills, Suffolk County

 

The board of trustees has petitioned the Board of Regents to form a corporation to promote history and local history; to encourage a greater knowledge of the history of the State of New York and particularly the area covered by Half Hollow Hills Central School District #5, county of Suffolk, and of state, national and international history; to gather, collect, own, preserve, display and study historical artifacts, books, paper, photographs and other records and materials; to restore and open to the public the former one room Half Hollow School, District #16, Dix Hills; to bring together those people interested in local history, encourage public interest, sponsor historical meetings, programs, events, and exhibits, and issue publications in any format; to make the public aware of the history of the local area from colonial times up to present day; to maintain a museum including photos, papers, and artifacts showing times and lifestyles from the past.  The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

 

HISTORICAL SOCIETY OF EAST ROCKAWAY AND LYNBROOK

East Rockaway, Nassau County

 

The board of trustees has petitioned the Board of Regents to form a corporation to disseminate and encourage a greater knowledge of the history of the State of New York and particularly the Villages of East Rockaway and Lynbrook, County of Nassau, and surrounding area; to promote the compilation of the history of the area; to promote history and original historical research and record keeping; to collect, own, hold, preserve, display and publicize appropriate artifacts, books, manuscripts, photographs, and other records and materials; to encourage the suitable marking of places of historic interest; to acquire by purchase, gifts, devise or otherwise the title to or custody and control of historic sites and structures; to encourage public interest in history by meetings, programs, historical events, and programs for schools; to seek people who have historical knowledge and promote and share their experience; and to cooperate with village, county, state, and school officials and historical organizations to collect and preserve materials of countywide, regional and statewide consequence. The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

 

MUSEUM AT ELDRIDGE STREET

New York City
, New York
County

 

The board of trustees has petitioned the Board of Regents to form a corporation to establish and maintain an art and history museum of American-Jewish history, traditions, culture, and of immigrant and community history and the Lower East Side based in or around the Eldridge Street Synagogue, in the Borough of Manhattan and County of New York; to collect, own, hold, maintain, preserve and make available appropriate historical and other interpretive and aesthetic artifacts and documents; to arrange, create, maintain and promote appropriate exhibits and displays; to organize other historical and cultural activities, programs and events for the public and issue publications in any format; to establish and maintain research materials, documentation and archives; and to promote and support associated artistic creation, research and scholarship.  The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

 

EXTENSION OF CHARTER

 

THE HEUVELTON HISTORICAL ASSOCIATION

Heuvelton
, St. Lawrence County

 

A provisional charter was granted to this corporation by action of the Board of Regents on October 5, 2001 to promote history and encourage a greater knowledge of the history of Heuvelton and its surrounding area.  The board of trustees has applied for an extension of the provisional charter.  The Office of Cultural Education recommends that the provisional charter be extended for a period of five years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

 

DISSOLUTION OF CHARTER

 

GALWAY
PUBLIC LIBRARY

Galway, Saratoga County

 

A provisional charter was granted to this corporation by action of the Board of Regents on July 14, 2000 to operate a town public library.  Such provisional charter was extended by Regents on October 7, 2005.  The board of trustees has petitioned the Board of Regents for the dissolution of the charter as the corporation is no longer in operation and all taxes payable by the corporation have been paid.  The trustees request Regents approval of the transfer of the library assets of Galway Public Library to the Galway Public Library, which was incorporated by action of the Board of Regents under a provisional charter on October 23, 2007 to serve the residents of the Galway Central School District.  The Office of Cultural Education recommends that the absolute charter of the Galway Public Library be dissolved and that approval be given to the transfer of its library property to the Galway Public Library.

 

ORDER OF CONSOLIDATION

 

HISTORICAL SOCIETY OF EAST ROCKAWAY AND LYNBROOK and FRIENDS OF THE EAST ROCKAWAY GRIST MILL MUSEUM, INC.

East Rockaway, Nassau County

 

The board of trustees and the board of directors have petitioned the Board of Regents, pursuant to Education Law §223, for an order of consolidation of Historical Society of East Rockaway and Lynbrook and Friends of the East Rockaway Grist Mill Museum, Inc.  The Historical Society of East Rockaway and Lynbrook has petitioned the Board of Regents for a provisional charter.  Friends of the East Rockaway Grist Mill Museum, Inc. was incorporated under §402 of the Not-For-Profit Corporation Law (NPCL) on May 31, 1996.  Upon the effective date of the consolidation of Historical Society of East Rockaway and Lynbrook and Friends of the East Rockaway Grist Mill Museum, Inc., Historical Society of East Rockaway and Lynbrook will assume all the assets, liabilities and responsibilities of both organizations. The consolidated corporation will operate under the provisional charter granted to Historical Society of East Rockaway and Lynbrook.  The Office of Cultural Education recommends that an order of consolidation of Historical Society of East Rockaway and Lynbrook and Friends of the East Rockaway Grist Mill Museum, Inc., be granted, forming Historical Society of East Rockaway and Lynbrook.

 

MUSEUM AT ELDRIDGE STREET and ELDRIDGE STREET PROJECT, INC.
    

New York City
, New York
County

 

The board of trustees and the board of directors have petitioned the Board of Regents, pursuant to Education Law §223, for an order of consolidation of Museum at Eldridge Street and Eldridge Street Project, Inc. The Museum at Eldridge Street has petitioned the Board of Regents for a provisional charter. Eldridge Street Project, Inc. was incorporated under §402 of the Not-For-Profit Corporation Law (NPCL) on November 5, 1986. Upon the effective date of the consolidation of Museum at Eldridge Street and Eldridge Street Project, Inc., Museum at Eldridge Street will assume all the assets, liabilities and responsibilities of both organizations. The consolidated corporation will operate under the provisional charter granted to Museum at Eldridge Street.  The Office of Cultural Education recommends that an order of consolidation of Museum at Eldridge Street and Eldridge Street Project, Inc., be granted, forming Museum at Eldridge Street.

 

 

 

CERTIFICATE OF INCORPORATION

 

THE FRIENDS OF THE ONTARIO PUBLIC LIBRARY

Ontario
, Wayne County

 

The board of trustees has petitioned the Board of Regents to form a corporation to maintain a volunteer non-profit association interested in supporting the library system; support the Director of the Ontario Public Library & The Ontario Public Library board of trustees; promote the use of the library in the community; support special programs & community events sponsored by the Ontario Public Library; contribute to cultural & educational opportunities of the community served by the Ontario Public Library; receiving & administrating funds in furtherance of the Library’s purposes and to that end take and hold by bequest, devise, gift, grant, purchase lease or otherwise either absolutely or jointly with any other person corporation any property real, personal, tangible or intangible of any undivided interest therein, without limitations to the amount or value, to sell convey or otherwise dispose of any such property and invest, reinvest, or deal with the principal or the income thereof in such manner as will further the goals and objectives of the Ontario Public Library; to do any other thing or act incidental to or connected with foregoing purposes or in advancement thereof, but no for the pecuniary profit or financial gain of its members, trustees or officers. The Office of Cultural Education recommends that a certificate of incorporation be issued.

 

ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

 

ABSOLUTE CHARTER

 

JEWISH COMMUNITY CENTER NURSERY SCHOOL

New York City
, New York
County

 

A provisional charter was granted to this corporation by action of the Board of Regents on July 19, 2001 to operate a nursery school. The board of trustees has applied for an amendment to the provisional charter to change the corporate name to “The Saul and Carole Zabar Nursery School at the JCC in Manhattan”; to add authority for the corporation to also establish and operate day care centers in New York County provided that no center will be established and opened without the express consent of the New York City Board of Health; and to also operate a preschool for children from three to five years of age with and without disabilities and, as so amended, for an absolute charter.  The Office of Nonpublic School Services recommends that the provisional charter be amended accordingly and, as so amended, be made absolute.

 

AMENDMENT OF CHARTER

 

THE STUDIO SCHOOL

New York City
, New York
County

 

A provisional charter was granted to this corporation by action of the Board of Regents under the corporate name “The Studio on Eleventh Street” on February 24, 1977 to establish, conduct, operate and maintain a school for children in grades kindergarten through six.  Such provisional charter was amended by Regents action on April 23, 1982 to change the corporate name to “The Studio Elementary School” and to change the corporate address and, as so amended, made absolute.  Such absolute charter was amended by Regents action on June 18, 2002 to include a name change to “The Studio School.”   The board of trustees has applied for an amendment to the absolute charter to change the corporate location and address to 117 West 95th Street, New York, New York 10025.  The Office of Nonpublic School Services recommends that the absolute charter be amended accordingly.

 

 

 

 

 

 

HIGHER AND PROFESSIONAL EDUCATION

 

AMENDMENT OF CHARTERS

 

ACKERMAN INSTITUTE FOR THE FAMILY

New York City
, New York
County

 

A provisional charter was granted to this corporation by action of the Board of Regents under the corporate name “The Ackerman Institute for Family Therapy” on May 24, 1985.  Such provisional charter was consolidated with the Ackerman Institute for Family Therapy, Inc. a not-for-profit corporation on May 24, 1985.  Such provisional charter was extended by Regents action on May 23, 1990 and June 9, 1996.  Such provisional charter was amended by Regents action on June 12, 1997 to change the corporate name to “Ackerman Institute for the Family.”  The board of trustees has applied for an amendment to the provisional charter to change the number of trustees to be not more than 40 nor less than 15 and, as so amended, be extended.  The Office of Professions recommends that the provisional charter be amended accordingly and, as so amended, extended for a period of five years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

 

SIENA
COLLEGE

Loudonville, Albany County

 

A provisional charter was granted to this corporation by action of the Board of Regents under the corporate name “Saint Bernadine of Siena College” on June 17, 1938.  Such provisional charter was made absolute by Regents action on March 20, 1942 and was amended by Regents action on January 21, 1944, March 21, 1947, May 19, 1950, June 21, 1968 to change the corporate name to “Siena College,” September 24. 1971 and June 23, 1978.  The board of trustees has applied for an amendment to the absolute charter to increase the maximum number of trustees to be 40.  The Office of Higher Education recommends that the absolute charter be amended accordingly.

 

SUFFOLK INSTITUTE FOR PSYCHOTHERAPY AND PSYCHOANALYSIS 

Smithtown, Suffolk County

 

A provisional charter was granted to this corporation by action of the Board of Regents on October 13, 1989 to operate an institute for postgraduate study of psychotherapy, psychoanalysis and like practices. Such provisional charter was extended by Regents action on April 15, 1994, March 10, 1998, and May 23, 2006. The board of trustees has applied for an amendment to the provisional charter to change the corporate address to Suite 111, 2188 Nesconset Highway, Stony Brook, New York 11790. The Office of Professions recommends that the provisional charter be amended accordingly.

 

 

 

Appendix II

REGENTS ACTIONS IN 29 PROFESSIONAL DISCIPLINE CASES

 

January 14-15, 2008

 

              The Board of Regents announced disciplinary actions resulting in the revocation of 2 licenses, surrender of 4 licenses, one of which was originally a certificate, and 23 other disciplinary actions.  The penalty indicated for each case relates solely to the misconduct set forth in that particular case.

 

 

Massage Therapy

 

              Christopher Croce; Building 700 West 172nd Street, New York, NY 10032; Lic.No. 016362; Cal. No. 23509; Found guilty of professional misconduct; Penalty: Revocation.

 

Nursing

 

              Lisa Marie Rouse; Licensed Practical Nurse; P.O. Box 120F, New Milford, PA 18834; Lic.No. 252296; Cal. No. 23580; Application to surrender license granted.  Summary: Licensee did not contest charges of having been convicted of Issuing a Bad Check, a B misdemeanor; Welfare Fraud in the 5th Degree, an A misdemeanor; and Criminal Impersonation, an A misdemeanor.

 

              Teresa M. Loy; Licensed Practical Nurse; 88 Port Watson Street, Cortland, NY 13045; Lic.No. 242196; Cal. No. 23706; Application to surrender license granted. Summary: Licensee admitted to charges of having been convicted of Falsifying Business Records in the 2nd Degree, Falsifying Business Records in the 1st Degree, and Willful Violation of Health Laws.

 

Pharmacy

 

              John Mancini; 40 Marie Court, Wappingers Falls, NY 12590; Lic.No. 034825; Cal. No. 23570; Application to surrender license granted.  Summary: Licensee admitted to charges of having been convicted of Conspiracy to Possess with Intent to Distribute Hydrocodone (one count) and Distribution and Possession with Intent to Distribute Hydrocodone (two counts).

 

              Shamail Ahmed Shameem; 88 Crystal Court, Hewlett, NY 11557; Lic.No. 036294; Cal. No. 23612; Found guilty of professional misconduct; Penalty: Revocation, $10,000 fine.

 

Public Accountancy

 

              Albert Paul Cappadozy; Certified Public Accountant; 201 Pennsylvania Avenue, Johnstown, NY 12095; Lic.(Cert.) No. 027064; Cal. No. 23766; Application to surrender license (certificate) granted.  Summary: Licensee admitted to charges of having been convicted of Driving While Intoxicated, a Class E felony, and of violating a term of probation imposed by the Board of Regents.

 

II. OTHER REGENTS DISCIPLINARY ACTIONS

 

Nursing

 

              Carmen Gwen Lucia; Licensed Practical Nurse, Registered Professional Nurse; 356 Recore Road, West Chazy, NY 12992; Lic. Nos. 205136, 425125; Cal. Nos. 23152, 23153; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

 

              OlenaKropp; Registered Professional Nurse; 15 Fremont Street, Lindenhurst, NY 11757; Lic. No. 548128; Cal. No. 23409; Application for consent order granted; Penalty agreed upon: 6 month actual suspension, 18 month stayed suspension, 2 years probation.

 

              Laurie Irene Sorensen; Licensed Practical Nurse; 2121 E. Genesee Street, Syracuse, NY 13210; Lic. No. 264232; Cal. No. 23437; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

 

              Carrie Ann Recchia; Licensed Practical Nurse; 524 Modena Country Club, Gardiner, NY 12525; Lic. No. 281453; Cal. No. 23526; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for not less than 6 months and until fit to practice, upon termination of suspension 2 years probation.

 

              Patrick Jean-Pierre; Licensed Practical Nurse; 842 Lorenz Avenue, Baldwin, NY 11510; Lic. No. 266946; Cal. No. 23537; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $1,500 fine.

 

              Robert L. Arno, Jr.; Licensed Practical Nurse, Registered Professional Nurse; 226 Lakeshore Road, Plattsburgh, NY 12901; Lic. Nos. 264715, 525672; Cal. Nos. 23545, 23546; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

 

              Lynette Raeburn; Licensed Practical Nurse; 401 Schenectady Avenue, Brooklyn, NY 11213-5473; Lic. No. 265850; Cal. No. 23551; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

 

              CollettT. Bowen; Licensed Practical Nurse; P.O. Box 3486, Poughkeepsie, NY 12603; Lic. No. 275320; Cal. No. 23554; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $250 fine.

 

              Robert Michael Jackson; Licensed Practical Nurse; 69 Hamilton Avenue, Auburn, NY 13021-4907; Lic. No. 204922; Cal. No. 23615; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

 

              Charles Delano Pigott; Licensed Practical Nurse; 23 Kenmore Street, Yonkers, NY 10710; Lic. No. 275764; Cal. No. 23619; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, $500 fine payable within 30 days.

 

              Francine O’Brien; Licensed Practical Nurse; 10 Elizabeth Lane, New Windsor, NY 12553; Lic. No. 253182; Cal. No. 23641; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice, upon termination of suspension 2 years probation.

 

Pharmacy

 

              Syed Tausif-Ul-Hasan Rizvi; 88 Crystal Court, Hewlett, NY 11557-3901; Lic. No. 043094; Cal. No. 23428; Found guilty of professional misconduct; Penalty: 2 years suspension, 2 years probation to run concurrently with said suspension, $10,000 fine.

 

              ShaheenBegum; 26 King Arthur Court, New City, NY 10956; Lic. No. 043530; Cal. No. 23450; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $7,500 fine.

 

              KwikAid Pharmacy, Inc.; Pharmacy; 15 South Route 303, Congers, NY 10920; Reg. No. 024156; Cal. No. 23451; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $2,500 fine.

 

              Ira Karp; 315 West 70th Street, New York, NY 10023; Lic. No. 021096; Cal. No. 23515; Application for consent order granted; Penalty agreed upon: 1 year actual suspension, 1 year stayed suspension, 2 years probation, $5,000 fine.

              Third Ave. Pharmacy & Surgicals, Inc.; Pharmacy; 550 Third Avenue, New York, NY 10016; Reg. No. 021243; Cal. No. 23516; Application for consent order granted; Penalty agreed upon: $10,000 fine payable within 60 days.

 

 

 

Physical Therapy

 

              Fernando Tan Tan, Jr.; Physical Therapist; 1158 Atlantic Avenue, Baldwin, NY 11510; Lic. No. 011913; Cal. No. 23469; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $2,500 fine.

 

              All Care Physical Therapy & Rehabilitation Services PC; 1158 Atlantic Avenue, Baldwin, NY 11510; Cal. No. 23470; Application for consent order granted; Penalty agreed upon: 1 year probation, $2,500 fine.

 

 

 

Podiatry

 

              Gregory Lawrence Freda a/k/a Gregory L. Freda; 1006 Luxford Lane, Virginia Beach, VA 23455; Lic. No. 004888; Cal. No. 23062; Found guilty of professional misconduct; Penalty: 4 years suspension.

 

              Gordon Barrington John; 319 Utica Avenue, Brooklyn, NY 11213; Lic. No. 003937; Cal. No. 23585; Found guilty of professional misconduct; Penalty: 3 years suspension, execution of last year of suspension stayed, 1 year probation, $5,000 fine.