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Meeting of the Board of Regents | June 2008

Wednesday, June 4, 2008 - 11:00pm

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 June 2008

 


DATE:

June 4, 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 20 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

              June 23-24, 2008

 

 

 

 

CHARTERS

 

 

 



CULTURAL EDUCATION



 

 

AMENDMENT OF CHARTER

 

1.           Mount Kisco Public Library, Mount Kisco

 

 


PROVISIONAL  CHARTERS

 

2.           Belfast Historical Society, Belfast

3.           Hartland Historical Society, Gasport

4.           Long Lake Historical Society, Long Lake   

 

 

DISSOLUTION OF CHARTER

 

5.           Potsdam Public Library and Reading Room, Potsdam

 

 

ORDER OF CONSOLIDATION

 

6.           Snug Harbor Cultural Center and Botanical Garden

             and Snug Harbor Cultural Center, Inc. and Staten Island Botanical Garden, Inc.,           Staten Island   

 

 

 

 

 

 

 

 

 

 

 

 

 

 


l. Cultural Education

 

 

AMENDMENT OF CHARTER

 

 

No. 1

 

MOUNT KISCO PUBLIC LIBRARY

 

Mount Kisco, Westchester County

 

An absolute charter in first instance was granted to this corporation by action of the Board of Regents on March 31, 1910 to operate a public library.  The board of trustees has applied for an amendment to the absolute charter to change the number of trustees from five to be not less than five nor more than seven, to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3) and to designate the Commissioner of Education as the agent of the corporation for the purpose of service of process. The Office of Cultural Education recommends that the absolute charter be amended accordingly.

 

 

 


PROVISIONAL  CHARTERS

 

 

No. 2

 

BELFAST HISTORICAL SOCIETY             

 

Belfast, Allegany County

 

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

 

 

 

No. 3

 

HARTLAND HISTORICAL SOCIETY          

 

Gasport, Niagara County

 

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

 

 

No. 4

 

LONG LAKE HISTORICAL SOCIETY         

 

Long Lake, Hamilton County

 

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

 

 

DISSOLUTION OF CHARTER

 

 

No. 5

 

POTSDAM PUBLIC LIBRARY AND READING ROOM

 

Potsdam, St. Lawrence County

 

An absolute charter in first instance was granted to this corporation by action of the Board of Regents on March 19, 1896 to operate a public library.  The board of trustees has petitioned the Board of Regents for the dissolution of the charter as the corporation is no longer in operation and all taxes payable by the corporation have been paid.  The trustees request Regents approval of the transfer of the library assets of Potsdam Public Library and Reading Room to the Potsdam Public Library, which was incorporated by action of the Board of Regents under a provisional charter on June 25, 2007 to serve the residents of the Potsdam Central School District.  The Office of Cultural Education recommends that the absolute charter of the Potsdam Public Library and Reading Room be dissolved and that approval be given to the transfer of its library property to the Potsdam Public Library.

 

 

 

ORDER OF CONSOLIDATION

 

 

No. 6

 

SNUG HARBOR CULTURAL CENTER AND BOTANICAL GARDEN

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

 

Staten Island, Richmond County

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

              Regents Meeting

              June 23-24, 2008

 

 

 

 

CHARTERS

 

 

 



ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION



 

 

ABSOLUTE CHARTER

 

1.           Trey Whitfield School, Brooklyn

 

 

AMENDMENT OF CHARTERS

 

2.           The Hannah Senesh Community Day School, Brooklyn

3.           Ohr Halimud/The Multi-Sensory Learning Center, Brooklyn

4.           Omar Ibn Al-Khattab School, Astoria

5.           Tyburn Academy of Mary Immaculate, Auburn

 

 


PROVISIONAL  CHARTERS

 

6.           Catholic Academy of the Holy Family, Jamestown

7.           Little Gemz Child Day Care, Spring Valley

8.           The Yaldeinu School, Brooklyn

 

 

 

 

 

 

 



ll. ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION



 

 

ABSOLUTE CHARTER

 

 

No. 1

 

TREY WHITFIELD SCHOOL

 

Brooklyn, Kings County

 

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

 

 

AMENDMENT OF CHARTERS

 

 

No. 2

 

THE HANNAH SENESH COMMUNITY DAY SCHOOL

 

Brooklyn, Kings County

 

A provisional charter was granted to this corporation by action of the Board of Regents on April 24, 2001 to operate a grades one through eight elementary school.  Such provisional charter was extended by Regents action on December 17, 2004 and consolidated on the same date with The Committee to Form the Hannah Senesh School, Inc., a domestic not-for-profit corporation incorporated on November 21, 1997.  The board of trustees has applied for an amendment to the provisional charter to also add authority for the corporation to operate a kindergarten for four and five year olds, to operate a before and/or after school care program, and to change the corporate address to 342 Smith Street, Brooklyn, New York 11231 and, as so amended, be extended.  The Office of Nonpublic School Services recommends that the provisional charter be amended accordingly and, as so amended, extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

 

 

 

No. 3

 

OHR HALIMUD/THE MULTI-SENSORY LEARNING CENTER

 

Brooklyn, Kings County

 

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

 

 

No. 4


 

OMAR IBN AL-KHATTAB SCHOOL

 

Astoria, Queens County

 

A provisional charter was granted to this corporation by action of the Board of Regents on April 21, 1998 to operate a nursery school, kindergarten and a grades one through twelve school for girls.  The board of trustees has applied for an amendment to the provisional charter to change the corporate name to “Toobaa Academy” and to change the corporate address to 23-31/23-33 Steinway Street, Astoria, New York 11105 and, as so amended, be extended.  The Office of Nonpublic School Services recommends that the provisional charter be amended accordingly and, as so amended, extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

 

 

No. 5

 

TYBURN ACADEMY OF MARY IMMACULATE

 

Auburn, Cayuga County

 

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

 


 


PROVISIONAL  CHARTERS

 

 

No. 6

 

CATHOLIC ACADEMY OF THE HOLY FAMILY

 

Jamestown, Chautauqua County

 

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

 

 

No. 7

 

LITTLE GEMZ CHILD DAY CARE

 

Spring Valley, Rockland County

 

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

 

 

No. 8

 

THE YALDEINU SCHOOL

 

Brooklyn, Kings County

 

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

 

 

                                                                           

 

 

 

 

 

 

 

 

 

                                                                                                                                  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                                                                                       Regents Meeting


                                                                                                                                June 23-24, 2008

 

 

 

 


CHARTERS                               


             


                                   

                                                               



HIGHER AND PROFESSIONAL EDUCATION

 

 


AMENDMENT OF CHARTERS

 

  • Boston Graduate School of Psychoanalysis, New York, New York City
  • Cooper Union for the Advancement of Science and Art, New York City
  • Polytechnic University, New York City
  • Touro College, New York City
  • Villa Maria College of Buffalo, Buffalo

 

 

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

 

  •  Touro College, New York City

 

      


 

 


III.



HIGHER AND PROFESSIONAL EDUCATION

 

 

AMENDMENT OF CHARTERS

 

 

No. 1

 

BOSTON GRADUATE SCHOOL OF PSYCHOANALYSIS, NEW YORK

New York City, New York County

 

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

 

 

No. 2

 

COOPER UNION FOR THE ADVANCEMENT OF SCIENCE AND ART          

 

New York City, New York County

 

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

 

 

 

 

 

 

 

 

No. 3

 

POLYTECHNIC UNIVERSITY

 

New York City, New York County

 

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

 

 

No. 4

 

TOURO COLLEGE

 

New York City, New York County

 

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

 

 

No. 5

 

VILLA MARIA COLLEGE OF BUFFALO

 

Buffalo, Erie County

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

APPLICATION FOR REGENTS CONSENT TO FILE A CERTIFICATE OF ASSUMED NAME 

 

No. 6

 

TOURO COLLEGE

 

New York City, New York County

 

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