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Meeting of the Board of Regents | April 2008

Tuesday, April 1, 2008 - 8:20am

sed seal                                                                                                                             


 


 



THE STATE EDUCATION DEPARTMENT


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

 

 


TO:

 


FROM:

Kathy A. Ahearn


SUBJECT:

Charter Applications for April 2008

 


DATE:

March 28, 2008

 


STRATEGIC GOAL:

Goal 2

 


AUTHORIZATION(S):

 

 

 

 



Summary


 

 

Issue for Decision

             

Approval of charter applications.

 

Reason(s) for Consideration

 

              Required by State Statute (Education Law section 216).

             

Proposed Handling

             

Discussion and approval in accordance with the respective recommendations contained in the attached summaries of charter applications.

 

Procedural History

 

N/A       

 


Background Information

             

Summary recommendations have been prepared for a total of 18 charter actions.

 

             

Recommendation

             

It is recommended that the Regents approve each application in accordance with the recommendations contained in the respective summaries.

 

Timetable for Implementation

             

N/A


Regents Meeting

April 14-15, 2008

 

 

 

 

CHARTERS

 

 

 



CULTURAL EDUCATION



 

 

AMENDMENT OF CHARTER

 

1.           Educational Broadcasting Corporation, New York City

 

 


PROVISIONAL  CHARTER

 

2.           WNET. org, New York City

 

 

APPROVAL OF AMENDED BYLAWS

 

3.           Educational Broadcasting Corporation, New York City

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AMENDMENT OF CHARTER

 

 

No. 1

 

EDUCATIONAL BROADCASTING CORPORATION

 

New York City, New York County

 

An absolute charter in the first instance was granted to this corporation under the corporate name "Educational Television for the Metropolitan Area, Inc." on May 3, 1961.  Such absolute charter was amended by Regents action on April 27, 1962 to change the corporate name to "Educational Broadcasting Corporation," November 21, 1986, April 27, 1990, and July 26, 1991; that the approval of the election of trustees to the corporation and of the corporation's amended bylaws has been granted by the Board of Regents on various occasions.  The board of trustees has applied for an amendment to the absolute charter to restate the corporate purposes to conduct or support activities for the benefit of or to carry out the purposes of WNET.org, which has petitioned the Board of Regents for a provisional charter.  In carrying out its purposes of supporting WNET.org, the corporation will:

a) foster the ideals of excellence, engagement, and education in all manner and media throughout the local communities served by WNET.org and the corporation beyond;

b) acquire, construct and operate noncommercial educational radio and television stations, obtain and hold appropriate authorizations and licensures for the operation of said stations from State or Federal authorities, and participate in state, regional, and national educational networks;

c) acquire, build, and operate other media platforms, including, but not limited to various forms of new and traditional media;

d) create, acquire, and preserve content in all manner and media that inspires, celebrates imagination, facilitates informed discussion, supports the healthy development and education of children, explores history, science, humanities, and culture and arts, including but not limited to educational, entertaining and cultural programs, films, and recordings;

e) distribute WNET.org’s and the corporation’s content in all manner and media worldwide, whether on WNET.org or the corporation’s platforms or through sale or license to any other persons, corporations, or organizations, whether commercial or noncommercial; and

f) aid, assist, and work in conjunction with corporations, educational institutions, organizations, agencies, foundations, and individuals interested or engaged in any of the fields or purposes of WNET.org and the corporation, and generally to encourage and foster educational and cultural television, broadcasting and media. 

To add language indicating that the sole member of the corporation will be WNET.org,  the board of trustees of the corporation will now be referred to as the board of directors, to amend the dissolution language to state: 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, and to delete the following language from the corporations charter: “The bylaws of the corporations and each amendment thereof shall be subject to approval of the Board of Regents”.  The Office of Cultural Education recommends that the absolute charter be amended accordingly

 

 

 


PROVISIONAL  CHARTER

 

 

No. 2

 

WNET.ORG

 

New York City, New York County

 

The board of trustees has petitioned the Board of Regents to form a corporation to foster the ideals of excellence, engagement, and education in all manner and media throughout the local communities served by the corporation beyond;  to acquire, construct and operate noncommercial educational radio and television stations, obtain and hold appropriate authorizations and licenses for the operation of said stations from State or Federal authorities, and participate in state, regional, and national educational networks; to acquire, build, and operate other media platforms, including, but not limited to various forms of new and traditional media; to create, acquire, and preserve content in all manner and media that inspires, celebrates imagination, facilitates informed discussion, supports the healthy development and education of children, explores history, science, humanities, and culture and arts, including but not limited to educational, entertaining and cultural programs, films, and recordings; to distribute the corporation’s content in all manner and media worldwide, whether on the corporation’s platforms or through sale or license to any other persons, corporations, or organizations, whether commercial or noncommercial; and to aid, assist, and work in conjunction with corporations, educational institutions, organizations, agencies, foundations, and individuals interested or engaged in any of the fields or purposes of the corporation, and generally to encourage and foster educational and cultural television, broadcasting and media.  The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

 

 

 

APPROVAL OF AMENDED BYLAWS

 

 

No. 3

 

EDUCATIONAL BROADCASTING CORPORATION

 

New York City, New York County

 

The board of trustees has submitted for the approval of the Board of Regents the bylaws amended by vote of the trustees on December 14, 2007.  The Office of Cultural Education recommends that the amended bylaws of the Educational Broadcasting Corporation be approved.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Regents Meeting

April 14-15, 2008

 

 

 

 

CHARTERS

 

 

 



ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION



 

 

AMENDMENT OF CHARTERS

 

1.           ASCENT: A School for Individuals with Autism, Deer Park

2.           Kids’ Corner of Rockland, Orangeburg

3.           The Saratoga Independent School, Saratoga Springs

 


PROVISIONAL  CHARTERS

 

4.           The Manhattan Childrens Center, New York City

5.           Saratoga Academy of the Arts and Sciences, Clifton Park

 

EXTENSION OF
PROVISIONAL CHARTER

 

6.           Trumansburg Community Nursery School, Trumansburg

 

DISSOLUTION OF CHARTERS

 

7.           Clay Community Nursery School, Clay
8.           Dalcroze School of Music, New York City
9.           YM & YWHA Nursery School of Southern Westchester, Mount Vernon

 

ORDER OF CONSOLIDATION

 

10.         The Manhattan Childrens Center and The Manhattan Childrens Center, Inc., New        York City

 

A
PPLICATION FOR REGENTS CONSENT TO FILE A CERTIFICATE OF ASSUMED NAME

 

11.         West Side Cooperative Preschool, New York City

 



ll. ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION



 

 

AMENDMENT OF CHARTERS

 

No. 1

 

ASCENT: A SCHOOL FOR INDIVIDUALS WITH AUTISM

 

Deer Park, Suffolk County

 

A provisional charter was granted to this corporation by action of the Board of Regents on February 3, 1999 to operate a preschool, kindergarten and grades one through twelve school for children with autism and atypical pervasive developmental disorders.  Such provisional charter was extended by Regents action on April 23, 2001 and amended on July 18, 2002 and was further extended by Regents action on January 9, 2007.  The board of trustees has applied for an amendment to the provisional charter to add authority for the corporation to provide residential, programmatic, habilitative and waiver support services to mentally retarded and developmentally disabled individuals in both Nassau and Suffolk Counties. Appropriate disclaimers have been added that, except as authorized by Title VIII or other applicable statue, nothing shall authorize the corporation to engage in the practice of any profession in New York, engage in the training of any profession in New York or to use a professional title or term of any profession in New York in violation of Title VIII of the Education Law.  The corporation will restrict the provision of counseling services to instruction, advice, support, encouragement or information to individuals, families, and relational groups, provided that this shall not include the diagnosis or treatment of mental, emotional, nervous, or behavioral disorders. The Office of Vocational and Educational Services for Individuals with Disabilities (VESID) has been provided with an opportunity to review this action and the trustees have been advised that the granting of any amendments thereof does not constitute approval for state funding for programs and services under the jurisdiction of VESID.  The Office of Nonpublic School Services and the Office of Professions recommends that the provisional charter be amended accordingly.

 

 

No. 2

 

KIDS’ CORNER OF ROCKLAND

 

Orangeburg, Rockland County

 

 A provisional charter was granted to this corporation by action of the Board of Regents on April 4, 2000 to operate a preschool, kindergarten, before-and-after school care program and a day care center.  Such provisional charter was amended and extended by Regents action on February 8, 2005. The board of trustees has applied for an amendment to the provisional charter to add authority for the corporation to enroll children from six weeks to two years of age in the day care center and as so amended, be extended.  The Office of Nonpublic School Services recommends that the provisional charter be amended accordingly and, as so amended, extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

 

 

No. 3

 

THE SARATOGA INDEPENDENT SCHOOL

 

Saratoga Springs, Saratoga County

 

 A provisional charter was granted to this corporation by action of the Board of Regents on April 26, 1991 to operate a kindergarten through grade six school.  Such provisional charter was extended by Regents action on July 24, 1992 and amended on December 19, 1997 and, as so amended, extended.  Such provisional charter was further extended by Regents action on December 15, 2000, amended on June 17, 2003, and amended and extended on May 18, 2004.  The board of trustees has applied for an amendment to the provisional charter to change the corporate address to 459 Lake Avenue, Saratoga Springs, New York 12866 and as so amended, be extended. The Office of Nonpublic School Services recommends that the provisional charter be amended accordingly and, as so amended, extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.


 

 


 


PROVISIONAL  CHARTERS

 

 

No. 4

 

THE MANHATTAN CHILDRENS CENTER

 

New York City, New York County

 

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

 

 

No. 5

 

SARATOGA ACADEMY OF THE ARTS AND SCIENCES

 

Clifton Park, Saratoga County

 

The board of trustees has petitioned the Board of Regents to form a corporation to operate a day care center, nursery school for children three to five years of age, a universal kindergarten program, a kindergarten and a grades one through second elementary school. The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.

 

 


EXTENSION OF PROVISIONAL CHARTER

 

No. 6

 

TRUMANSBURG COMMUNITY NURSERY SCHOOL

 

Trumansburg, Tompkins County

 

A provisional charter was granted to this corporation by action of the Board of Regents on February 6, 2001 to operate a preschool for children from three to five years of age.    Such provisional charter was extended by Regents action on June 22, 2004.  The board of trustees has petitioned for an extension of the provisional charter. The Office of Nonpublic School Services recommends that the provisional charter be extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

 

 

DISSOLUTION OF CHARTERS

 

No. 7

 

CLAY COMMUNITY NURSERY SCHOOL

 

Clay, Onondaga County

 

A provisional charter was granted to this corporation by action of the Board of Regents on July 28, 1989 to operate a nursery school program for children three to five years of age.  Such provisional charter was amended and made absolute by Regents action on July 23, 1993. The board of trustees has petitioned the Board of Regents for the dissolution of the charter due to the school has closed due to its declining enrollment and financial hardships and all taxes payable by the corporation have been paid.  The Office of Nonpublic School Services recommends that the absolute charter of Clay Community Nursery School be dissolved.

 



 

No. 8

 

DALCROZE SCHOOL OF MUSIC

 

New York City, New York County

 

A provisional charter was granted to this corporation by action of the Board of Regents on September 20, 1935 to operate a school to teach students music and to instruct in music education based on the philosophies of Dr. Dalcroze.  Such provisional charter was made absolute by Regents action on April 18, 1941.   The board of trustees has petitioned the Board of Regents for the dissolution of the charter due to the school has closed and all taxes payable by the corporation have been paid.  The Office of Nonpublic School Services recommends that the absolute charter of Dalcroze School of Music be dissolved.

 

 

No. 9

 

YM & YWHA NURSERY SCHOOL OF SOUTHERN WESTCHESTER

 

Mount Vernon, Westchester County

 

An absolute charter in the first instance was granted to this corporation by action of the Board of Regents on June 21, 1991 to operate a nursery school program for children twenty-one month to five years of age and a kindergarten.   The board of trustees has petitioned the Board of Regents for the dissolution of the charter due to the school has terminated any and all of its existing programs and will no longer carry on its purposes and all taxes payable by the corporation have been paid.  The Office of Nonpublic School Services recommends that the absolute charter of YM & YWHA Nursery School of Southern Westchester be dissolved.

 

 

 

 

 

 

 

 

 

 

 

 

ORDER OF CONSOLIDATION



 



 

No. 10

 

THE MANHATTAN CHILDRENS CENTER and THE MANHATTAN CHILDRENS CENTER, 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 The Manhattan Childrens Center and The Manhattan Childrens Center, Inc.  The Manhattan Childrens Center Center has petitioned the Board of Regents for a provisional charter.  The Manhattan Childrens Center, Inc. was incorporated under §402 of the Not-For-Profit Corporation Law (NPCL) on March 6, 2007.  Upon the effective date of the consolidation of The Manhattan Childrens Center and The Manhattan Childrens Center, Inc.  The Manhattan Childrens Center will assume all the assets, liabilities and responsibilities of both organizations.  The consolidated corporation will operate under the provisional charter granted to The Manhattan Childrens Center.  The Office of Nonpublic School Services recommends that an order of consolidation of The Manhattan Childrens Center and The Manhattan Childrens Center, Inc. be granted, forming The Manhattan Childrens Center.

 

 

 

A
PPLICATION FOR REGENTS CONSENT TO FILE A CERTIFICATE OF ASSUMED NAME

 



 

No. 11

 

WEST SIDE COOPERATIVE PRESCHOOL

 

New York City, New York County

 

A provisional charter was granted to this corporation by action of the Board of Regents on January 17, 1990 to operate a nursery school program for children three to five years of age.  Such provisional charter was amended and made absolute by Regents action on July 23, 1993. The board of trustees has requested that the Board of Regents consent to the filing of a certificate of assumed name pursuant to General Business Law §130 to authorize the corporation to use the assumed name “West Side Preschool.”  The Office of Nonpublic School Services recommends that the consent of the Board of Regents to the filing of such certificate of assumed name be granted.

 

 

                                                                                                                                       Regents Meeting


                                                                                                                                April 14-15, 2008

 


             

 


CHARTERS                               


             


                                   

                                                               



HIGHER AND PROFESSIONAL EDUCATION

 

 

 


AMENDMENT OF CHARTER

 

    1.    University Of Rochester, Rochester

 

 

     PROVISIONAL CHARTER

 

    2.       Finger Lakes Health College of Nursing, Geneva

 

 

    EXTENSION OF PROVISIONAL CHARTER

 

    3.       The American Institute for Mental Imagery, New York City

 

 

A
PPLICATION FOR REGENTS CONSENT TO FILE A CERTIFICATE OF ASSUMED NAME 

 

     4.   The Culinary Institute of America, Hyde Park

      


AMENDMENT OF CHARTER

 

 

No. 1

 

UNIVERSITY OF ROCHESTER

 

Rochester, Monroe County

 

A provisional charter was granted to this corporation by action of the Board of Regents on February 14, 1851 to operate a university.  Such provisional charter was made absolute by Regents action on January 10, 1861.  Such absolute charter was amended by Regents action on December 12, 1918, by Special Act of the Legislature under Chapter 150 of the Laws of 1925 on March 16, 1925 and again by Regents action on October 16, 1935, April 27, 1951, May 23, 1952, March 20, 1964 and March 20, 1979.   Such absolute charter was granted Regents consent on September 11, 2006 to authorize the corporation to use the assumed name “The Sherwood I. Deutsch Pharmacy” for its on-site pharmacy operated by the University’s Strong Memorial Hospital division. The board of trustees has applied for an amendment to the absolute charter to change the number of trustees to be not less than five nor more than fifty.  The Office of Higher Education recommends that the absolute charter be amended accordingly.

 

 

PROVISIONAL CHARTER

 

 

No. 2

 

FINGER LAKES HEALTH COLLEGE OF NURSING

 

Geneva, Ontario County

 

The board of trustees has petitioned the Board of Regents to form a corporation to operate a college of nursing for the purpose of educating men and women to practice the profession of nursing; to confer the degree of Associate in Applied Science (A.A.S.) upon graduates of the program in registered professional nursing; to prepare the graduates to further their education through transfer of credits in a college or university which confers a Baccalaureate degree; and to have and exercise all powers necessary and convenient to effect any and all of the foregoing purposes for which the corporation is formed, together with all the powers now or hereafter granted to it by the State of New York.  The Office of Professions recommends that a provisional charter be granted for a period of five years.

 

 

 

 

EXTENSION OF PROVISIONAL CHARTER

 

 

No. 3

 

THE AMERICAN INSTITUTE FOR MENTAL IMAGERY

 

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 Colette Aboulker-Muscat Center for Waking Dream Therapy & Education" on October 22, 1982 to advance the practical and philosophic ground for the enrichment of the therapeutic process and provide a suitable educational approach for such enrichment.  Such provisional charter was amended by Regents action on April 5, 1994 to include a name change to “The American Institute for Mental Imagery” and, as so amended, extended.  Such provisional charter was amended and extended by Regents action on July 14, 2000.  The board of trustees has petitioned for an extension of the provisional charter. The Office of the Professions recommends that the provisional charter be extended for a period of five years to allow the corporation time to further develop its programs.

 

 

A
PPLICATION FOR REGENTS CONSENT TO FILE A CERTIFICATE OF ASSUMED NAME

 



 

No. 4

 

THE CULINARY INSTITUTE OF AMERICA

 

Hyde Park, Dutchess County

 

An absolute charter in the first instance was granted to this corporation by action of the Board of Regents on November 19, 1971 to operate an institution of higher learning in the culinary arts.  Such absolute charter was amended by Regents action on June 25, 1993 and consolidated by Regents action on October 23, 2007 with the Center for Foods of the Americas, non-profit corporation, incorporated under the laws of Texas by a certificate of incorporation filed with the Secretary of State of Texas with the surviving corporation being The Culinary Institute of America.  Such absolute charter was granted Regents consent on October 23, 2007 to authorize the corporation to use the assumed name “CIA Culinary Institute of America.”   The board of trustees has requested that the Board of Regents consent to the filing of a certificate of assumed name pursuant to General Business Law §130 to authorize the corporation to use the assumed name “The Culinary Institute of America, San Antonio.” The Office of Higher Education recommends that the consent of the Board of Regents to the filing of such certificate of assumed name be granted.