Meeting of the Board of Regents | September 2009
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THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234 |
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TO: |
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FROM: |
Anthony Lofrumento |
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SUBJECT: |
Summary of the July 2009 Meeting
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DATE: |
August 4, 2009
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STRATEGIC GOAL: |
Goal #4
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AUTHORIZATION(S): |
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Executive Summary
Issue for Decision
Review of the Summary of the July 2009 Meeting of the Board of Regents.
Proposed Handling
Approval of the Summary of the July 2009 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 July 2009 meeting.
Timetable for Implementation
Effective September 15, 2009.
VOTED, that the Summary of the July 2009 Meeting of the Board of Regents of The University of the State of New York be approved.
SUMMARY OF THE JULY MEETING
OF THE BOARD OF REGENTS
OF
THE UNIVERSITY OF THE STATE OF NEW YORK
Held in Buffalo, New York
July 27 and 28, 2009
Anthony Lofrumento, Secretary
Board of Regents
THE BOARD OF REGENTS
The Board of Regents of The University of the State of New York held public sessions on Monday, July 27 at 11:30 a.m., at 4:00 p.m. and on Tuesday, July 28 at 8:15 a.m. pursuant to a call duly sent to each Regent.
MEETING OF THE FULL BOARD, Monday, July 27, 11:30 a.m.
Board Members in Attendance:
Merryl H. Tisch, Chancellor
Milton L. Cofield, Vice Chancellor
Robert M. Bennett, Chancellor Emeritus
James C. Dawson
Anthony S. Bottar
Geraldine D. Chapey
Harry Phillips, 3rd
James R. Tallon, Jr.
Roger Tilles
Charles R. Bendit
Betty A. Rosa
Lester W. Young, Jr.
Christine D. Cea
Wade S. Norwood
Also present were the Interim Commissioner of Education, Carole F. Huxley, Acting Counsel and Deputy Commissioner for Legal Affairs, Erin O’Grady-Parent, and the Secretary, Board of Regents, Anthony Lofrumento. Regents Saul B. Cohen, Joseph E. Bowman, Jr. and Karen Brooks Hopkins were absent and excused.
Chancellor Merryl H. Tisch called the meeting to order at 11:30 a.m.
ACTION ITEMS
Executive Session Motion
MOVED, that the Board of Regents convene in Executive Session on Tuesday, July 28 at 8:00 a.m. discussing personnel matters.
Motion by: Vice Chancellor Milton L. Cofield
Seconded by: Regent James C. Dawson
Action: Motion carried unanimously
Oral
Appointment of David M. Steiner as Commissioner of Education and President of the University of the State of New York
VOTED, that the Board of Regents elect David M. Steiner as Commissioner of Education and President of the University of the State of New York, effective October 1, 2009, at an annual salary of $250,000 computed as follows: $136,000 for his position as Commissioner of Education and $114,000 for his position as President of the University of the State of New York.
Motion by: Chancellor Merryl H. Tisch
Seconded by: Chancellor Emeritus Robert M. Bennett
Action: Motion carried unanimously
Chancellor Emeritus Bennett lead Western New York college representatives in a discussion about: early college opportunities for high school students; college readiness/current high school requirements; reducing the need for remediation for college freshman; and, affordability. Participants included: Sr. Denise Roche, president, D’Youville College; Dr. Dennis Ponton, interim president, State University College at Buffalo; Rev. Vincent Cooke, SJ, president, Canisius College; Dr. Martin Anisman, president, Daemen College; Dr. Nan DiBello, dean, Empire State College; Mr. Jack Quinn, president, Erie Community College; Dr. Cynthia Zane, president, Hilbert College; Dr. Christopher Haloman, provost, Hilbert College; Dr. Richard Jurasek, president, Medaille College; Dr. James Klyczek, president, Niagara County Community College; Dr. John Simpson, president, SUNY at Buffalo; Dr. Paul Hurley, Jr., president, Trocaire College; Sr. Marcella Marie Garus, president, Villa Maria College.
MEETING OF THE FULL BOARD, Monday, July 27, 4:00 p.m.
Board Members in Attendance:
Merryl H. Tisch, Chancellor
Milton L. Cofield, Vice Chancellor
Robert M. Bennett, Chancellor Emeritus
James C. Dawson
Anthony S. Bottar
Geraldine D. Chapey
Harry Phillips, 3rd
James R. Tallon, Jr.
Roger Tilles
Charles R. Bendit
Betty A. Rosa
Lester W. Young, Jr.
Christine D. Cea
Wade S. Norwood
Also present were the Interim Commissioner of Education, Carole F. Huxley, Acting Counsel and Deputy Commissioner for Legal Affairs, Erin O’Grady-Parent, and the Secretary, Board of Regents, Anthony Lofrumento. Regents Saul B. Cohen, Joseph E. Bowman, Jr. and Karen Brooks Hopkins were absent and excused.
Chancellor Merryl H. Tisch called the meeting to order at 4:00 p.m.
Chancellor Emeritus Bennett lead a group of community educators and leaders in a round table discussion about how a wide variety of services are an integral part in the success of school programs. Participants in this discussion included: Paul G. Buchanan, Family Court Judge, Erie County; Diane Rowe, Boys and Girls Clubs of Buffalo; Lourdes Iglesias, Hispanics United of Buffalo; Will Kerestes, Associate Superintendent; Gregory Mott, Principal, PS 131 Academy School; Margaret Boorady, Principal, PS 27 Hillery Park Elementary.
MEETING OF THE FULL BOARD, Tuesday, July 28, 8:15 a.m.
Board Members in Attendance:
Merryl H. Tisch, Chancellor
Milton L. Cofield, Vice Chancellor
Robert M. Bennett, Chancellor Emeritus
James C. Dawson
Anthony S. Bottar
Geraldine D. Chapey
Harry Phillips, 3rd
James R. Tallon, Jr.
Roger Tilles
Charles R. Bendit
Betty A. Rosa
Lester W. Young, Jr.
Christine D. Cea
Wade S. Norwood
Also present were the Interim Commissioner of Education, Carole F. Huxley, Acting Counsel and Deputy Commissioner for Legal Affairs, Erin O’Grady-Parent, and the Secretary, Board of Regents, Anthony Lofrumento. Regents Saul B. Cohen, Joseph E. Bowman, Jr. and Karen Brooks Hopkins were absent and excused.
Chancellor Merryl H. Tisch called the meeting to order at 8:15 a.m.
ACTION ITEMS
Charter Applications for July 2009
BR (A) 1
MOVED, that the Regents approve each application in accordance with the recommendations contained in the respective summaries.
Motion by: Vice Chancellor Milton L. Cofield
Seconded by: Regent Anthony S. Bottar
Action: Motion carried unanimously
Summary of the June 2009 Meeting
BR (A) 2
MOVED, that the Summary of the June 2009 Meeting of the Board of Regents of The University of the State of New York be approved.
Motion by: Vice Chancellor Milton L. Cofield
Seconded by: Regent Anthony S. Bottar
Action: Motion carried unanimously
State Education Department June 2009 Fiscal Report
BR (A) 3
MOVED, that the Board of Regents accept the June 2009 State Education Department Fiscal Report as presented.
Motion by: Regent James R. Tallon, Jr.
Seconded by: Regent James C. Dawson
Action: Motion carried unanimously
Charter Schools: Proposed Revision to the Initial Charter for the Urban Choice Charter School
BR (A) 4
MOVED, that the Board of Regents approves the revision to the initial charter of the Urban Choice Charter School and the provisional charter is amended accordingly.
Motion by: Regent James C. Dawson
Seconded by: Vice Chancellor Milton L. Cofield
Action: Motion carried unanimously
Interim Action by Standing Committees
BR (A) 5
MOVED, that the Standing Committees of the Board of Regents, be and they hereby are, authorized to take interim action for the Board of Regents during the period commencing on July 29, 2009 and ending on September 13, 2009 and that any such action shall be reported to the Board at its meeting on September 14-15, 2009.
Motion by: Vice Chancellor Milton L. Cofield
Seconded by: Regent Anthony S. Bottar
Action: Motion carried unanimously
Charter Schools: Proposed Revision to the Initial Charter for Future Leaders Institute Charter School
BR (A) 6
MOVED, that the Board of Regents approves the revision to the initial charter of the Future Leaders Institute Charter School as proposed by the Chancellor of the city school district of the City of New York, and the provisional charter is amended accordingly.
Motion by: Regent James C. Dawson
Seconded by: Vice Chancellor Milton L. Cofield
Action: Motion carried unanimously
Charter Schools: Proposed Charter for the Health Sciences Charter School
BR (A) 7
MOVED, that the Board of Regents approves the application for the Health Sciences Charter School.
Motion by: Regent Geraldine D. Chapey
Seconded by: Regent James C. Dawson
Action: Motion carried unanimously (Chancellor Emeritus Bennett recused himself from the vote)
Charter Schools: Proposed Revision to the First Renewal Charter for the Bronx Charter School for the Arts
BR (A) 8
MOVED, that the Board of Regents approves the revision to the first renewal charter of the Bronx Charter School for the Arts, and the provisional charter is amended accordingly.
Motion by: Regent James C. Dawson
Seconded by: Vice Chancellor Milton L. Cofield
Action: Motion carried unanimously
Charter Schools: Proposed Revision to the Initial Charter For Equality Charter School
BR (A) 9
MOVED, that the Board of Regents approves the revision to the initial charter of the Equality Charter School as proposed by the Chancellor of the city school district of the City of New York, and the provisional charter is amended accordingly.
Motion by: Regent James C. Dawson
Seconded by: Vice Chancellor Milton L. Cofield
Action: Motion carried unanimously
Charter Schools: Proposed Revision to the First Renewal Charter for Explore Charter School
BR (A) 10
MOVED, that the Board of Regents approves the revision to the first renewal charter of the Explore Charter School as proposed by the Chancellor of the city school district of the City of New York, and the provisional charter is amended accordingly.
Motion by: Regent James C. Dawson
Seconded by: Vice Chancellor Milton L. Cofield
Action: Motion carried unanimously
Charter Schools: Proposed Revision to the Initial Charter for South Bronx Classical Charter School
BR (A) 11
MOVED, that the Board of Regents approves the revision to the initial charter of the South Bronx Classical Charter School as proposed by the Chancellor of the city school district of the City of New York, and the provisional charter is amended accordingly.
Motion by: Regent James C. Dawson
Seconded by: Vice Chancellor Milton L. Cofield
Action: Motion carried unanimously
Appointment to the Roosevelt Union Free School District Interim Board of Education
BR (A) 12
MOVED, that the Board of Regents approve the appointment of Heather M. Palmore effective August 1, 2009 to fill a vacancy on the Interim Board of Education of the Roosevelt Union Free School District and to serve the remainder of the unexpired term ending June 30, 2011.
MOVED, that the Board of Regents approve the appointment of Bishop J. Raymond Mackey as President of the Interim Board of Education of the Roosevelt Union Free School District ending June 30, 2011.
Motion by: Vice Chancellor Milton L. Cofield
Seconded by: Regent Anthony S. Bottar
Action: Motion carried unanimously
Charter Schools: Proposed Revision to the Initial Charter for Explore Charter School 2
BR (A) 13
MOVED, that the Board of Regents approves the revision to the initial charter of the Explore Charter School 2 as proposed by the Chancellor of the city school district of the City of New York, and the provisional charter is amended accordingly.
Motion by: Regent James C. Dawson
Seconded by: Vice Chancellor Milton L. Cofield
Action: Motion carried unanimously
Charter Schools: Proposed First Renewal Charter for Grand Concourse Academy Charter School
BR (A) 14
MOVED, that the Board of Regents returns the proposed first renewal charter of the Grand Concourse Academy Charter School to the SUNY Trustees for reconsideration, and with the following comments and recommendations: 1) That the charter school develop a curriculum in mathematics and ELA that is aligned with the updated guidelines of 2005; 2) That the charter school include a goal for parental satisfaction in the accountability plan; 3) That the charter school provide details of the financial procedures and controls that will replace those used during the partnership with VSI.
Motion by: Regent James C. Dawson
Seconded by: Vice Chancellor Milton L. Cofield
Action: Motion carried unanimously
Charter Schools: Proposed Third Renewal Charter for Bronx Charter School For Excellence
BR (A) 15
MOVED, that the Board of Regents returns the proposed third renewal charter of the Bronx Charter School for Excellence to the Trustees of the State University of New York for reconsideration, and with the following comments and recommendations: 1) That the charter school develop a curriculum in mathematics and ELA that is aligned with the updated guidelines of 2005 and; 2) That the charter school Include a goal for parent satisfaction in the accountability plan.
Motion by: Regent James C. Dawson
Seconded by: Vice Chancellor Milton L. Cofield
Action: Motion carried unanimously
Charter Schools: Proposed Revision to the Second Renewal Charter for KIPP S.T.A.R. College Prep Charter School
BR (A) 16
MOVED, that the Board of Regents approves the revision to the second renewal charter of the KIPP S.T.A.R. College Prep Charter School as proposed by the Trustees of the State University of New York, and the provisional charter is amended accordingly.
Motion by: Regent James C. Dawson
Seconded by: Vice Chancellor Milton L. Cofield
Action: Motion carried unanimously
Charter Schools: Proposed Revision to the Initial Charter for KIPP Always Mentally Prepared Charter School and KIPP Infinity Charter School
BR (A) 17
MOVED, that the Board of Regents approves the revision to the initial charter of the KIPP Always Mentally Prepared Charter School and the KIPP Infinity Charter School as proposed by the Chancellor of the city school district of the City of New York, and the provisional charters are amended accordingly.
Motion by: Regent James C. Dawson
Seconded by: Vice Chancellor Milton L. Cofield
Action: Motion carried unanimously
Charter Schools: Proposed Revision to the First Renewal Charter for KIPP Academy Charter School
BR (A) 18
MOVED, that the Board of Regents approves the revision to the first renewal charter of the KIPP Academy Charter School as proposed by the Chancellor of the city school district of the City of New York, and the provisional charter is amended accordingly.
Motion by: Regent James C. Dawson
Seconded by: Vice Chancellor Milton L. Cofield
Action: Motion carried unanimously
Charter Schools: Proposed Revision to the Initial Charter for Harlem Success Academy Charter School
BR (A) 19
MOVED, that the Board of Regents deny the revision to the initial charter of the Harlem Success Academy Charter School.
Motion by: Vice Chancellor Milton L. Cofield
Seconded by: Regent Harry Phillips, 3rd
Action: Motion carried unanimously
Charter Schools: Proposed Revision to the Initial Charter for Harlem Success Academy Charter School 2
BR (A) 20
MOVED, that the Board of Regents return the proposed revisions to the initial charter of the Harlem Success Academy Charter School 2 to the Trustees of the State University of New York for reconsideration, and with the following comments and recommendations: 1) That the charter school ensure that the program is a kindergarten program, and revise the curriculum to align to New York State’s kindergarten standards; 2) That the charter school ensure the admission only of students eligible to attend kindergarten; and 3) That the charter school understand that State Aid is only available for kindergarten, not pre-kindergarten.
Motion by: Regent Harry Phillips, 3rd
Seconded by: Regent James R. Tallon, Jr.
Action: Motion carried unanimously
Emergency Amendment of Regents Rule §3.27 Relating to Museum Collections Management Policies
BR (CA) 1
MOVED, that paragraph (7) of subdivision (a) and paragraphs (6) and (7) of subdivision (c) of section 3.27 of the Rules of the Board of Regents be amended, as submitted, effective September 15, 2009, as an emergency action to expire and be deemed repealed November 13, 2009, upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare in order to protect the public’s interest in collections held by a museum or historical society by enumerating the specific criteria under which an institution may deaccession an item or material in its collection, remove the option allowing an institution to designate a structure as a collections item but keep intact any such designation made by vote of a board of trustees prior to December 19, 2008, and specify that no proceeds from deaccessioning may be used for capital expenses, except to preserve, protect or care for an historic building previously designated as part of the institution’s collection, as above.
Motion by: Regent James C. Dawson
Seconded by: Vice Chancellor Milton L. Cofield
Action: Motion carried unanimously
Registration of Public Schools
BR (CA) 2
MOVED, that the schools listed on the tables be registered.
Motion by: Regent Anthony S. Bottar
Seconded by: Vice Chancellor Milton L. Cofield
Action: Motion carried unanimously
Registration of Nonpublic High Schools Visited in 2008-09
BR (CA) 3
MOVED, that the following schools, which participated in the 2008-2009 nonpublic high school registration program, be registered.
Motion by: Regent Anthony S. Bottar
Seconded by: Vice Chancellor Milton L. Cofield
Action: Motion carried unanimously
Proposed Amendment of Section 174.2 of the Regulations of the Commissioner, Relating to State Aid
BR (CA) 4
MOVED, that section 174.2 of the Regulations of the Commissioner of Education be amended as submitted, effective July 30, 2009, 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 immediately adopt clarifying and corrective revisions to the rule in response to public comment and to otherwise ensure that the emergency rule adopted at the April 2009 Regents meeting, which established the methodology for computing allowable tuition rates for nonresident pupils for public reporting by school districts, remains continuously in effect until such time as it can be adopted as a permanent rule, and thereby avoid disruption to the preparation and administration of contracts for the reimbursement of school districts which provide instruction to nonresident pupils for the 2009-2010 school year.
Motion by: Regent Anthony S. Bottar
Seconded by: Vice Chancellor Milton L. Cofield
Action: Motion carried unanimously
Proposed Amendment of Section 150.4 of the Regulations of the Commissioner, Relating to State Aid for High Need Nursing Programs
BR (CA) 5
MOVED, that section 150.4 of the Regulations of the Commissioner of Education be amended as submitted, effective August 20, 2009, 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 adopted at the May 2009 Regents meeting, which extends the date for submission of annual reports for high needs nursing programs from June 1 to November 15 to provide institutions with an adequate amount of time to submit their annual reports, remains continuously in effect until the effective date of its adoption as a permanent rule.
Motion by: Regent Anthony S. Bottar
Seconded by: Vice Chancellor Milton L. Cofield
Action: Motion carried unanimously
Proposed Amendment of Subpart 30-1 of the Rules of the Board of Regents and section 80-1.1 of the Regulations of the Commissioner of Education and Addition of a new section 80-5.21 to the Regulations of the Commissioner of Education Relating to Qualifications for Teachers Appointed to a Position in Instructional Support Services and Tenure and Seniority Rights for Teachers Performing Such Services
BR (CA) 6
MOVED, that a new subdivision (j) be added to section 30-1.1 of the Rules of the Board of Regents; that subdivisions (b) and (c) of section 30-1.2 be renumbered to subdivisions (c) and (d), new subdivision (b) be added, and renumbered subdivision (d) be amended; that subdivision (a) of section 30-1.9 be amended, subdivisions (b) through (e) be renumbered to subdivisions (c) through (f), a new subdivision (b) be added; that paragraphs (23) through (46) of subdivision (b) of section 80-1.1 of the Regulations of the Commissioner of Education be renumbered to paragraphs (24) through (47) of subdivision (b), and a new subdivision (23) be added; and that a new section 80-5.21 be added, as submitted, effective August 20, 2009; and it is further
MOVED, that a new subdivision (j) be added to section 30-1.1 of the Rules of the Board of Regents; that subdivisions (b) and (c) of section 30-1.2 be renumbered to subdivisions (c) and (d), new subdivision (b) be added, and renumbered subdivision (d) be amended; that subdivision (a) of section 30-1.9 be amended, subdivisions (b) through (e) be renumbered to subdivisions (c) through (f), a new subdivision (b) be added; that paragraphs (23) through (46) of subdivision (b) of section 80-1.1 of the Regulations of the Commissioner of Education be renumbered to paragraphs (24) through (47) of subdivision (b), and a new subdivision (23) be added; and that a new section 80-5.21 be added, as submitted, effective July 29, 2009, as an emergency action upon a finding by the Board of Regents that such action is necessary for preservation of the general welfare in order to ensure that the emergency rule adopted at the April 2009 Regents meeting, which authorizes a teacher employed by a school district or BOCES to accrue tenure and seniority rights for the performance of instructional support services, remains continuously in effect until the effective date of its adoption as a permanent rule.
Motion by: Regent Anthony S. Bottar
Seconded by: Vice Chancellor Milton L. Cofield
Action: Motion carried unanimously
Appointments and Reappointments of Members to the State Boards for the Professions and Reappointments of Extended Members to the State Boards for the Professions for Service on Licensure Disciplinary and/or Licensure Restoration and Moral Character Panels
BR (CA) 7
MOVED, that the Board of Regents approve the appointments and reappointments of members to the State boards for the professions.
Motion by: Chancellor Emeritus Robert M. Bennett
Seconded by: Regent Anthony S. Bottar
Action: Motion carried unanimously
Report of the Committee on the Professions Regarding Licensing Petitions
BR (CA) 8
MOVED, that the Board of Regents approve the recommendations of the Committee on the Professions regarding licensing petitions.
Motion by: Chancellor Emeritus Robert M. Bennett
Seconded by: Regent Anthony S. Bottar
Action: Motion carried unanimously
Proposed Amendment to section 29.7 of the Rules of the Board of Regents and sections 63.3 and 63.6 of the Regulations of the Commissioner of Education Relating to Electronic Recordkeeping and Examination Requirements for Pharmacists
BR (CA) 9
MOVED, that section 29.7 of the Rules of the Board of Regents and sections 63.3 and 63.6 of the Regulations of the Commissioner of Education relating to electronic recordkeeping and examination requirements for pharmacists be amended effective August 20, 2009.
Motion by: Chancellor Emeritus Robert M. Bennett
Seconded by: Regent Anthony S. Bottar
Action: Motion carried unanimously
DISCUSSION ITEM
Implementation Plan for the Recommendations from the Regents Project Management Group
BR (D) 1
Regent Tallon and Rebecca Cort provided an update on work underway to develop recommendations for the Board’s consideration.
INFORMATION ITEMS
Race to the Top
Oral
Chancellor Tisch and Regent Young provided an update on Race to the Top activities.
STANDING COMMITTEE REPORTS
MOVED, that the report from the Regents PPC Executive Session be approved as submitted.
Motion by: Regent Harry Phillips, 3rd
Seconded by: Regent James C. Dawson
Action: Motion carried unanimously
Full Board adjourned at 11:00 a.m.
REGENTS COMMITTEE ON PROFESSIONAL PRACTICE
Your Professional Practice Committee held its scheduled Executive Session meeting on July 27, 2009. All Committee members were present, except Chancellor Merryl H. Tisch and Regent Saul B. Cohen, who were excused.
ACTION ITEMS
Professional Discipline Cases
Your Committee recommends that the reports of the Regents Review Committees, including rulings, findings of fact, determinations as to guilt, and recommendations, by unanimous or majority vote, contained in those reports which have been distributed to you, be accepted in 6 cases. In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 37 consent order applications and 11 surrender applications be granted. [PPC EXS (A) 1-3]
In the case of Christy Lee Russell, Licensed Practical Nurse and Registered Professional Nurse, Calendar Nos. 24525 and 24524, we recommend that, to clarify the portion of the penalty involving the imposition of a fine upon respondent that is effective upon the service of the order in this matter and that is independent of the probationary period that commences upon respondent's actual return to practice in the State of New York, (1) the recommendation of the Regents Review Committee be modified solely as to the penalty to be imposed, as follows:
That, upon the specification of the charges of which respondent is found guilty, respondent's licenses to practice as a licensed practical nurse and as a registered professional nurse in the State of New York each be indefinitely suspended until such time as, at respondent's expense, 1) respondent submits to an examination, counseling, and any necessary treatment, with respect to substance abuse, by a physician, psychiatrist, psychologist, licensed clinical social worker, licensed master social worker, or nurse practitioner (psychiatric specialty), selected by respondent and previously approved, in writing, by the New York State Education Department; 2) said physician, psychiatrist, psychologist, licensed clinical social worker, licensed master social worker, or nurse practitioner (psychiatric specialty) submits a written report to the New York State Education Department, addressed to the Director, Office of Professional Discipline, 475 Park Avenue South -- Second Floor, New York, New York 10016-6901, certifying that respondent is substance abuse free and fit to practice as a licensed practical nurse and as a registered professional nurse in the State of New York; and 3) said Director, Office of Professional Discipline, is thereafter satisfied that respondent is substance abuse free and fit to practice as a licensed practical nurse and as a registered professional nurse in the State of New York, at which time said Director shall notify respondent, in writing, of the termination of the suspension of respondent's licenses to practice as a licensed practical nurse and as a registered professional nurse in the State of New York and the effective date of said termination; and respondent be fined $500 on each of her licenses, said $500 fines shall run concurrently and shall total $500, and said indefinite suspensions shall run concurrently, and said fine shall be paid by respondent by certified or bank cashier's check, payable to the order of the New York State Education Department, to be delivered to the Director, Office of Professional Discipline, New York State Education Department, 475 Park Avenue South -- Second Floor, New York, NY 10016-6901, within six months after the effective date of the service of the order to be issued in this matter; and that subsequent to the termination of the indefinite suspensions and at such time as specified below, respondent shall be placed on probation for two years under the terms prescribed by the Regents Review Committee as modified by the Board of Regents, said terms of probation to include requirements that respondent remain substance abuse free and fit to practice and respondent shall submit quarterly employer reports, said two year period of probation to commence upon respondent's actual return to practice as a licensed practical nurse or as a registered professional nurse in the State of New York as to which respondent shall inform the New York State Education Department, by certified mail, return receipt requested, addressed to the Director, as aforesaid, at least seven (7) days prior to respondent's return to practice as a licensed practical nurse or as a registered professional nurse in the State of New York;
and (2) the terms of probation be modified and renumbered in view of the payment of the fine already imposed upon respondent as a penalty; and term of probation numbered “5” be deemed deleted and, consequently, terms of probation numbered “6” through “9” be deemed renumbered as terms of probation numbered “5” through “8.”
These recommendations are made following the review of 54 cases involving eight licensed practical nurses, six registered professional nurses, four pharmacies, four professional engineers, three licensed practical nurses who are also registered professional nurses, three pharmacists, two certified public accountants, two dentists, two licensed master social workers, two veterinarians, one acupuncturist, one architect, one architect professional corporation, one certified dental assistant, one chiropractor, one chiropractic professional corporation, one dentist who is also a holder of a dental anesthesia certificate, one licensed clinical social worker, one massage therapist, one occupational therapist, one podiatrist, one professional engineer professional corporation, one psychologist, and one psychology professional corporation.
Restoration Petitions
Voted, that the Board of Regents deny the petition of Joseph G. Shanahan for restoration of his license to practice as a certified public accountant in the State of New York. [PPC EXS (A) 4]
Voted, that the Board of Regents deny the petition of Thomas Schultz for restoration of his license to practice as a physician in the State of New York. [PPC EXS (A) 5]
Madam Chancellor and Colleagues: Your Professional Practice Committee recommends, and we move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on July 27, 2009, copies of which have been distributed to each Regent.
Appendix I
NEW YORK STATE BOARD OF REGENTS CHARTER ACTIONS
CULTURAL EDUCATION
ABSOLUTE CHARTERS
THE EAST ISLIP HISTORICAL SOCIETY
East Islip, Suffolk County
A provisional charter was granted to this corporation by action of the Board of Regents on March 26, 1993. The board of trustees has applied for an absolute charter. The Office of Cultural Education recommends that the provisional charter be made absolute.
LEVITTOWN HISTORICAL SOCIETY
Levittown, Nassau County
A provisional charter was granted to this corporation by action of the Board of Regents on July 24, 1992. Such provisional charter was extended by Regents action on June 9, 1998. 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
LEE-WHEDON MEMORIAL LIBRARY
Medina, Orleans County
A provisional charter was granted to this corporation by action of the Board of Regents on June 29, 1956 to operate a library. Such provisional made absolute on April 27, 1962. The board of trustees has applied for an amendment to the absolute charter to designate the service area of the library to be the Medina Central School District, to specify the number of trustees to be not less than five nor more than nine, 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.
MORRIS HISTORICAL SOCIETY
Morris, Otsego County
A provisional charter was granted to this corporation by action of the Board of Regents on October 24, 1975. Such provisional charter was made absolute by Regents action on May 22, 1981. The board of trustees has applied for an amendment to the absolute charter 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.
PINE PLAINS FREE LIBRARY
Pine Plains, Dutchess County
A provisional charter was granted to this corporation by action of the Board of Regents on February 17, 1950 to operate a public library. Such provisional charter was extended by Regents action on June 24, 1955 and was made absolute on June 24, 1960. Such absolute charter was amended by Regents action on December 4, 2006. The board of trustees has applied for an amendment to the absolute charter to specify the number of trustees to be not less than five nor more than fifteen. The Office of Cultural Education recommends that the absolute charter be amended accordingly.
SALINA FREE LIBRARY
Mattydale, Onondaga County
A provisional charter was granted to this corporation by action of the Board of Regents on April 16, 1943 to operate a public library. Such provisional charter was made absolute on December 17, 1948 and was amended on December 18, 1992. The board of trustees has applied for an amendment to the absolute charter to specify the number of trustees to be not less than five nor more than fifteen. The Office of Cultural Education recommends that the absolute charter be amended accordingly.
SOUTHOLD FREE LIBRARY
Southold, Suffolk County
A provisional charter was granted to this corporation by action of the Board of Regents on December 1, 1904 to operate a library. Such provisional charter was made absolute on March 12, 1908 and amended on December 16, 1988. The board of trustees has applied for an amendment to the absolute charter to designate the service area of the library to be the Southold Union Free School District. The Office of Cultural Education recommends that the absolute charter be amended accordingly.
TOMPKINS COUNTY PUBLIC LIBRARY
Ithaca, Tompkins County
A provisional charter was granted to this corporation by action of the Board of Regents on December 15, 1967 to operate a public library. Such provisional charter was made absolute charter by Regents action on June 29, 1973 and was amended on March 17, 1995. The board of trustees has applied for an amendment to the absolute charter to increase the number of trustees from eleven to fifteen and to decrease the terms of office from five years to three years. The Office of Cultural Education recommends that the absolute charter be amended accordingly.
WESTHAMPTON FREE LIBRARY
Westhampton, Suffolk County
A provisional charter was granted to this corporation by action of the Board of Regents on March 1, 1897 to operate a library. Such provisional charter was made absolute on July 12, 1902 and amended on November 3, 2005. The board of trustees has applied for an amendment to the absolute charter to designate the service area of the library to be the Westhampton Beach Union Free School District. The Office of Cultural Education recommends that the absolute charter be amended accordingly.
YATES COMMUNITY LIBRARY
Lyndonville, Orleans County
A provisional charter was granted to this corporation by action of the Board of Regents on December 14, 1950 to operate a library. Such provisional charter was extended by Regents action on November 18, 1955; March 24, 1961; made absolute on May 24, 1974; and amended on May 21, 1993. The board of trustees has applied for an amendment to the absolute charter to designate the service area of the library to be the Lyndonville Central School District and to specify the number of trustees to be not less than five nor more than nine. The Office of Cultural Education recommends that the absolute charter be amended accordingly.
PROVISIONAL CHARTERS
ADIRONDACK BOTANICAL GARDENS
Schroon Lake, Essex County
The board of trustees has petitioned the Board of Regents to form a corporation to promote and support botanical research and scholarship, sponsor and organize educational and cultural activities, programs and events for the public, and issue publications in any format; to establish and maintain one or more public display gardens; and to collect, maintain, and make available to the public a collection of living specimens of flora that grow in the Adirondacks and Capital Region of New York State for the purpose of education in the fields of horticulture, botany and ecology. The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.
CIVIL WAR HISTORICAL SOCIETY AND ROUNDTABLE OF BINGHAMTON, NEW YORK
Binghamton, Broome County
The board of trustees has petitioned the Board of Regents to form a corporation to encourage, promote and disseminate a greater knowledge among the public of the Civil War in general, and its effects on and connections with Binghamton, New York, and environs in particular’ to disseminate and interpret Civil War history as it relates to the people, units and local communities during the war years of 1861-1865; to collect, own, hold, maintain, preserve, and make available to the public an appropriate collection of Civil War-related artifacts; to arrange, create, maintain and promote appropriate historical exhibits and displays; to establish and maintain an historical research collection and archives; to bring together those people interested in history, provide a forum, promote and support historical research and scholarship, sponsor and organize historical and cultural activities, meetings, seminars, symposiums, programs and events for the public, and issue publications in any format; to encourage the suitable preservation, commemoration and marking of places of historic interest, especially relating to the services and sacrifices of men and women from the region; to cooperate with other museums and historical societies, and 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.
HONEOYE-RICHMOND HISTORICAL SOCIETY
Honeoye, Ontario County
The board of trustees has petitioned the Board of Regents to form a corporation to discover, preserve and promote the history of the Town of Richmond and the hamlet of Honeoye, County of Ontario, State of New York; to own, hold, collect, preserve, study, identify and make available appropriate artifacts; to support and encourage research in history; to create historical awareness and perspective; to encourage preservation of official archives, personal records, architectural heritage, and local material culture; to study, interpret and disseminate local history to all levels of the population; to present programs, discussions, presentations, and other events open to the public that enrich the understanding and significance of history; and to cooperate with educational institutions, state and local agencies, other museums and community institutions, and county and town historians. The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.
MARTINSBURG HISTORICAL SOCIETY
Martinsburg, Lewis County
The board of trustees has petitioned the Board of Regents to form a corporation to maintain, keep, acquire, own and store items of historical significance to the Town of Martinsburg; to receive donation from private business or corporations for the purpose of funding needs of the society; to acquire and own real property; to maintain said property for the purpose of displaying and exhibiting items owned and maintained by the society. The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.
EXTENSION OF CHARTERS
THE LONG ISLAND REPUBLIC AIRPORT HISTORICAL SOCIETY
East Farmingdale, Suffolk County
A provisional charter was granted to this corporation by action of the Board of Regents on February 20, 1987. Such provisional charter was extended by Regents action on March 27, 1992 and February 8, 2000. 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.
PATTERSON HISTORICAL SOCIETY
Patterson, Putnam County
A provisional charter was granted to this corporation by action of the Board of Regents on February 22, 1973. Such provisional charter was extended by Regents action February 24, 1977; amended and extended on April 24, 1987; and extended on February 19, 1993. The board of trustees has applied for an extension of the provisional charter. T he 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 CHARTERS
BLOOMINGBURG FREE LIBRARY
Bloomingburg, Sullivan County
A provisional charter was granted to this corporation by action of the Board of Regents on April 17, 1913 to operate a library. Such provisional charter was extended by Regents action on various occasions and was made absolute on December 17, 1976. Such absolute charter was amended by Regents action on September 20, 1985. 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 Bloomingburg Free Library to the Town of Mamakating Library District, which was incorporated by action of the Board of Regents under a provisional charter on March 23, 2004. The Office of Cultural Education recommends that the absolute charter of the Bloomingburg Free Library be dissolved and that approval be given to the transfer of its library property to the Town of Mamakating Library District.
PIERMONT PUBLIC LIBRARY
Piermont, Rockland County
An absolute charter in the first instance was granted to this corporation by action of the Board of Regents on March 31, 1910 to operate a library. Such absolute charter was amended by Regents action on April 27, 1979. 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 Piermont Public Library to the Piermont Library District, which was incorporated by action of the Board of Regents under an absolute charter on April 4, 2000. The Office of Cultural Education recommends that the absolute charter of the Piermont Public Library be dissolved and that approval be given to the transfer of its library property to the Piermont Library District.
ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION
ABSOLUTE CHARTERS
AL-IHSAN ACADEMY
South Richmond Hill, Queens County
A provisional charter was granted to this corporation under the name “Islamic Elementary School” by action of the Board of Regents on October 13, 1989 to operate a grade one through eight elementary school. Such provisional charter was amended and extended by Regents action on March 26, 1993 and September 18, 1998. Such provisional charter was amended by Regents action on February 11, 2003 to change the corporate name to “Al-Ihsan Academy” and to add authority for the corporation to also operate a grade nine through twelve secondary school and, as so amended, extended. Such provisional charter was amended on September 10, 2007 to add authority for the corporation to also operate a nursery school for preschool children three to five years of age, a universal pre-K program, and a kindergarten for five year olds and, as so amended, was extended. The board of trustees has applied for an absolute charter. The Office of Nonpublic School Services recommends that the provisional charter be made absolute.
ARCHBISHOP STEPINAC HIGH SCHOOL
White Plains, Westchester County
The board of trustees has petitioned the Board of Regents to form a membership corporation to operate a high school. The Office of Nonpublic School Services recommends that an absolute charter in the first instance be granted.
BROOKLYN FRIENDS SCHOOL
Brooklyn, Kings County
The board of trustees has petitioned the Board of Regents to form a corporation to operate a preschool, kindergarten and grade one through twelve school. The Office of Nonpublic School Services recommends that an absolute charter in the first instance be granted.
CARDINAL HAYES HIGH SCHOOL
Bronx, Bronx County
The board of trustees has petitioned the Board of Regents to form a membership corporation to operate a high school. The Office of Nonpublic School Services recommends that an absolute charter in the first instance be granted.
CARDINAL SPELLMAN HIGH SCHOOL
Bronx, Bronx County
The board of trustees has petitioned the Board of Regents to form a membership corporation to operate a high school. The Office of Nonpublic School Services recommends that an absolute charter in the first instance be granted.
CATHEDRAL HIGH SCHOOL
New York City, New York County
The board of trustees has petitioned the Board of Regents to form a membership corporation to operate a high school. The Office of Nonpublic School Services recommends that an absolute charter in the first instance be granted.
FEI TIAN ACADEMY OF THE ARTS
Cuddebackville, Orange County
A provisional charter was granted to this corporation by action of the Board of Regents on March 19, 2007 to operate a grade five through twelve school. The board of trustees has applied for an absolute charter. The Office of Nonpublic School Services recommends that the provisional charter be made absolute.
JOHN F. KENNEDY CATHOLIC HIGH SCHOOL
Somers, Westchester County
The board of trustees has petitioned the Board of Regents to form a membership corporation to operate a high school. The Office of Nonpublic School Services recommends that an absolute charter in the first instance be granted.
JOHN S. BURKE CATHOLIC HIGH SCHOOL
Goshen, Orange County
The board of trustees has petitioned the Board of Regents to form a membership corporation to operate a high school. The Office of Nonpublic School Services recommends that an absolute charter in the first instance be granted.
MARIA REGINA HIGH SCHOOL
Hartsdale, Westchester County
The board of trustees has petitioned the Board of Regents to form a membership corporation to operate a high school. The Office of Nonpublic School Services recommends that an absolute charter in the first instance be granted.
MONSIGNOR FARRELL HIGH SCHOOL
Staten Island, Richmond County
The board of trustees has petitioned the Board of Regents to form a membership corporation to operate a high school. The Office of Nonpublic School Services recommends that an absolute charter in the first instance be granted.
MOORE CATHOLIC HIGH SCHOOL
Staten Island, Richmond County
The board of trustees has petitioned the Board of Regents to form a membership corporation to operate a high school. The Office of Nonpublic School Services recommends that an absolute charter in the first instance be granted.
OUR LADY OF LOURDES HIGH SCHOOL
Poughkeepsie, Dutchess County
The board of trustees has petitioned the Board of Regents to form a membership corporation to operate a high school. The Office of Nonpublic School Services recommends that an absolute charter in the first instance be granted.
AMENDMENT OF CHARTERS
BARKAI YESHIVAH
Brooklyn, Kings County
A provisional charter was granted to this corporation by action of the Board of Regents on June 13, 2000 to operate a day care center, nursery school, a kindergarten, and a grade one through eight elementary school. Such provisional charter was amended and extended by Regents action on May 18, 2004. The board of trustees has applied for an amendment to the provisional charter to change the location of the school to 5302 21st Avenue, Brooklyn, New York 11204 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.
THE CHILD DEVELOPMENT COUNCIL
Johnson City, Broome County
A provisional charter was granted to this corporation by action of the Board of Regents on June 18, 2002 to form a corporation to plan, coordinate and implement services for children who are disabled developmentally, emotionally, physically, and/or socially from birth on; including but not limited to providing special education programs pursuant to Education Law §4410. Such provisional charter was amended by Regents action on November 3, 2005 to change the corporate address and to restate the corporate purposes to provide early intervention services, to establish, conduct and operate services for children with disabilities including, but not limited to, evaluations, special classes, special education itinerant services, related services, consultant teaching services, and special classes within integrated settings, and to establish and operate day care centers and provide after-school activities and, as so amended, was extended. The board of trustees has applied for an amendment to the provisional charter to also add authority for the corporation to establish and operate a private elementary school for children with and without disabilities in grades pre-K through sixth. The private school will be available to Broome County residents and will be located at 24 Cherry Street, Johnson City, New York. The board of trustees further request that the provisional charter, as so amended, be extended. The Office of Children and Family Services (OCFS) has consented to this action pursuant to §460-a of the Social Services Law. 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 the amendment 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, 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.
THE CHILDREN’S ANNEX
Kingston, Ulster County
A provisional charter was granted to this corporation by action of the Board of Regents on March 31, 1978 to operate a full time school specifically designed to educate children 5-10 years of age with physical and/or emotional handicaps. Such provisional charter was made absolute by Regents action February 26, 1982 and amended on September 13, 2002. The board of trustees has applied for an amendment to the absolute charter to change the corporate name to “Center for Spectrum Services.” The Office of Nonpublic School Services and the Office of Professions recommends that the absolute charter be amended accordingly.
CHILDREN’S ENRICHMENT CENTER
Orangeburg, Rockland County
A provisional charter was granted to this corporation by action of the Board of Regents on December 20, 1991 to operate a preschool program and a kindergarten. Such provisional charter was amended and made absolute by Regents action on December 11, 1998. The board of trustees has applied for an amendment to the absolute charter to change the corporate address to 32 Old Tappan Road, Tappan, New York 10983. The Office of Nonpublic School Services recommends that the absolute charter be amended accordingly.
HOLY TRINITY COMMUNITY SCHOOL
Hollis, Queens County
A provisional charter was granted to this corporation by action of the Board of Regents on November 15, 1979 to operate a nursery school, a kindergarten, and grades one through two school. Such provisional charter was amended by Regents action on February 18, 1994 to add authority to also operate a grades three through eight school program and, as so amended, was extended. The board of trustees has applied for an amendment to the provisional charter to change the corporate name to “The New Chapter Academy” and that the provisional charter, as so amended, be extended. The Office of Nonpublic School Services recommends that the provisional charter be amended accordingly and, as so amended, 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.
SCHOOL FOR LANGUAGE AND COMMUNICATION DEVELOPMENT
Glen Cove, Nassau County
A provisional charter was granted to this corporation by action of the Board of Regents under the corporate name “School for Language and Communication Disorders” on March 22, 1985 to provide preschool and kindergarten educational programs for mentally retarded and developmentally disabled children with language and communication disorders. Such provisional charter was amended by Regents action on June 19, 1987, including a change of corporate name to “School for Language and Communication Development” and, as so amended, extended. Such provisional charter was further amended by Regents action on September 18, 1992 and, as so amended, made absolute. Such absolute charter was amended by Regents action on various occasions with the last amendment being granted on October 23, 2006. The board of trustees has applied for an amendment to the absolute charter to restate the corporate purposes in its entirety to read as follows: To establish, operate and maintain a nursery school, kindergarten, and grade one through twelve school for children with and without disabilities from 3 to 21 years of age. The following areas of disabilities are specified: mental retardation, hearing impairment, speech and language impairment, emotional disturbance, multiply disabled, learning disabled, physically challenged, neurological impairment, visual impairment, autism, other health impaired and mentally retarded and developmentally disabled children with language and communication disorders. To establish, operate and maintain day care centers in Nassau and Queens Counties provided that no center will be operated in Nassau County without the approval of the New York State Office of Children and Family Services, and that no center will be operated in Queens County without the approval of the New York City Department of Mental Health and Hygiene. Except as authorized by Title VIII or other applicable statute, nothing herein 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. To specify that the corporation will operate at the following two sites 70-20 47th Avenue, Woodside New York 11377-6010 and at 100 Glen Cove Avenue, Glen Cove, New York 11542, with the Glen Cove address site being listed as the corporate address. The Office of Nonpublic School Services and the Office of Professions recommends that the absolute charter be amended accordingly.
PROVISIONAL CHARTERS
THE CHILDREN’S ACADEMY
New York City, New York County
The board of trustees has petitioned the Board of Regents to form a corporation to operate a kindergarten for five year olds, a grade one through six elementary school, and an after school care program. The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.
CHRIST THE KING PREPARATORY ACADEMY
Niagara Falls, Niagara County
The board of trustees has petitioned the Board of Regents to operate a pre-kindergarten, a kindergarten, and a grade one through twelve school. The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.
DESALES CATHOLIC SCHOOL
Lockport, Niagara 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 school. The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.
NATIVITY PREPARATORY ACADEMY OF ROCHESTER
Rochester, Monroe County
The board of trustees has petitioned the Board of Regents to form a corporation to operate a grade five through eight school for disadvantaged children in the Rochester, New York area. The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.
OUR LADY OF GOOD SUCCESS
Farmingville, Suffolk County
The board of trustees has petitioned the Board of Regents to form a corporation to operate a kindergarten for five year olds, a grade one through six elementary school. The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.
EXTENSION OF CHARTERS
AL-MAMOOR SCHOOL
Jamaica, Queens County
A provisional charter was granted to this corporation by action of the Board of Regents on November 3, 2005 to operate a kindergarten and a grade one through six elementary school. 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.
CHEMUNG VALLEY MONTESSORI SCHOOL
Elmira, Chemung County
A provisional charter was granted to this corporation by action of the Board of Regents on April 27, 1999 to operate a toddler program for two year olds, nursery school, day care center, kindergarten, and a grade one through six elementary school. Such provisional charter was amended by Regents action on April 24, 2001 to add authority to also operate a grade seven and eight and, as so amended, was extended. Such provisional charter was extended again by Regents action on May 23, 2006. The board of trustees has applied 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 continue developing its programs and to otherwise demonstrate that it can meet the requirements for an absolute charter.
THE HAYGROUND SCHOOL
Bridgehampton, Suffolk County
A provisional charter was granted to this corporation by action of the Board of Regents on September 20, 1996 to operate a nursery school, a kindergarten and a grade one through eight elementary school. Such provisional charter was consolidated by Regents action on November 14, 1997 with The Hayground School Foundation, Inc. Such provisional charter was extended by Regents action on September 17, 1999, February 11, 2003 and May 23, 2006. The board of trustees has applied 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 continue developing its programs and to otherwise demonstrate that it can meet the requirements for an absolute charter.
THE JEWISH ACADEMY AND EARLY CHILDHOOD DISCOVERY CENTER
East Northport, Suffolk County
A provisional charter was granted to this corporation by action of the Board of Regents on January 10, 2006 to operate a toddler program, a Mommy and ME program a nursery school, a kindergarten and a grade one through six elementary school. 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.
LOVE OF LEARNING MONTESSORI SCHOOL
Centerport, Suffolk County
A provisional charter was granted to this corporation by action of the Board of Regents on February 8, 2000 to operate a nursery school, kindergarten, and a grade one through six elementary school. Such provisional charter was amended and extended by Regents action on April 29, 2003; amended on December 17, 2004; and extended on May 23, 2006. The board of trustees has applied 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 continue developing its programs and to otherwise demonstrate that it can meet the requirements for an absolute charter.
MONTESSORI SCHOOL OF SYRACUSE
Syracuse, Onondaga County
A provisional charter was granted to this corporation by action of the Board of Regents under the corporate name "The Montessori Learning Center" on June 9, 1995 to operate a kindergarten for five year olds and a grade one through six elementary school. Such provisional charter was amended by Regents action on June 14, 1996 and, as so amended, extended and was amended by Regents action on June 12, 1997 to add authority to operate a nursery school and amended on July 16, 1999 to change the corporate name to "The Montessori Learning Center and The Montessori Academy" and to operate a grade seven through twelve program and, as so amended, extended, and was further amended on April 23, 2002 and, as so amended, extended. Such provisional charter was amended on June 17, 2003 to change the corporate name to “Montessori School of Syracuse” and, as so amended, extended. Such provisional charter was last extended by Regents action on June 20, 2006. 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.
THE SAG HARBOR RAINBOW PRESCHOOL
Sag Harbor, Suffolk County
A provisional charter was granted to this corporation by action of the Board of Regents on December 9, 2005 to operate a nursery school for preschool children from three to five years of age and a day care center. Such provisional charter was amended by Regents action on March 19, 2007. The board of trustees has applied 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 continue developing its programs and to otherwise demonstrate that it can meet the requirements for an absolute charter.
HIGHER AND PROFESSIONAL EDUCATION
AMENDMENT OF CHARTER
MANHATTANVILLE COLLEGE
Harrison (Purchase), Westchester County
A provisional charter was granted to this corporation by Regents action under the corporate name “College of the Sacred Heart” on March 1, 1917. Such provisional charter was made absolute charter by Regents action on May 29, 1919 and amended on February 19, 1937 to change the corporate name to “Manhattanville College of the Sacred Heart.” Such absolute charter was amended on various occasions, including an amendment on December 7, 1966 to change the corporate name to “Manhattanville College” and was last amended on April 28, 1995. The board of trustees has applied for an amendment to the absolute charter increase the maximum number of trustees from 25 to 40. The Office of Higher Education recommends that the absolute charter be amended accordingly.
Appendix II
REGENTS ACTIONS IN 54 PROFESSIONAL DISCIPLINE CASES
AND 2 RESTORATION PETITIONS
July 27-28, 2009
The Board of Regents announced disciplinary actions resulting in the revocation of 1 license and 1 certificate, surrender of 10 licenses and 1 certificate of incorporation, and 41 other disciplinary actions. The penalty indicated for each case relates solely to the misconduct set forth in that particular case. In addition, the Board acted upon 2 restoration petitions.
Dentistry
Michael Mastromarino; Dentist, Dental Anesthesia; Ft. Lee, NJ 07024; Lic. No. 044455, Cert. No. 000618; Cal. Nos. 24456, 24457; Found guilty of professional misconduct; Penalty: Dentist license: Revocation, $140,000 fine; Dental Anesthesia certificate: Revocation.
Neil Robert Mate; Dentist; Manhasset, NY 11030-1334; Lic. No. 036749; Cal. No. 24568; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted of two counts of Sexual Abuse in the 3rd Degree, a class B misdemeanor.
Massage Therapy
Michael Kyzyzak; Pleasant Valley, NY 12569; Lic. No. 016424; Cal. No. 24567; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted of Possessing a Sexual Performance by a Child.
Nursing
Mary Elaine Rauer; Licensed Practical Nurse, Registered Professional Nurse; South Jamesport, NY 11970-0013; Lic. Nos. 157403, 351411; Cal. Nos. 24500, 24501; Application to surrender licenses granted. Summary: Licensee did not contest the charge of giving medication to another nurse for administration to a patient when there was no physician’s order for the patient to receive said medication.
Somsri Orachantara; Registered Professional Nurse; Yonkers, NY 10710; Lic. No. 237802; Cal. No. 24512; Application to surrender license granted. Summary: Licensee did not contest the charge of failing to maintain an accurate patient record in that she incorrectly indicated on the operating room count sheets for a patient’s surgery that the lap pad counts were correct.
Matthew Jon McFarland; Licensed Practical Nurse; Selden, NY 11784; Lic. No. 269877; Cal. No. 24517; Application to surrender license granted. Summary: Licensee admitted to charges of having been convicted of Offering a False Instrument for Filing in the 1st Degree, a class E felony; Criminal Possession of a Controlled Substance in the 7th Degree, a class A misdemeanor; and Petit Larceny, a class A misdemeanor.
Jennylin Lelieth Barrett; Licensed Practical Nurse; Kissimmee, FL 34758; Lic. No. 206889; Cal. No. 24578; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted of Petit Larceny, a class A misdemeanor.
Occupational Therapy
Vincent Accardi; Occupational Therapist; Stony Brook, NY 11790; Lic. No. 012049; Cal. No. 24570; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted of Criminal Sexual Act in the 1st Degree, a class B felony, and Sexual Abuse in the 1st Degree, a class D felony.
Pharmacy
Vincent Samuel Rubino; Pharmacist; Islip, NY 11751-2645; Lic. No. 024468; Cal. No. 24574; Application to surrender license granted. Summary: Licensee did not contest the charge of engaging in conduct in the practice of the profession which evidences moral unfitness to practice the profession, to wit: stealing the controlled substances Oxycodone and Hyrocodone form the pharmacy where he was employed.
Psychology
Inna Pustilnik; Psychologist; New York, NY 10023; Lic. No. 015189; Cal. No. 24096; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted of Attempted Enterprise Corruption.
University Psychological Care, P.C.; 99 University Place – 7th Floor, New York, NY; Cal. No. 24097; Application to surrender certificate of incorporation as a professional service corporation granted. Summary: Respondent admitted to the charge of having been convicted of Attempted Enterprise Corruption.
II. OTHER REGENTS DISCIPLINARY ACTIONS
Acupuncture
Jonathan Lloyd Harwayne; New York, NY 10280-1075; Lic. No. 002561; Cal. No. 24532; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation.
Architecture
Hwei Sze Chen; Architect; Flushing, NY 11355; Lic. No. 015179; Cal. No. 21991; Application for consent order granted; Penalty agreed upon: 5 month actual suspension, 19 month stayed suspension, 24 months probation, $10,000 fine.
Hwei-Sze Chen, Architect, P.C.; 41-36 College Point Blvd., Flushing, NY; Cal. No. 21992; Application for consent order granted; Penalty agreed upon: 5 month actual suspension, 19 month stayed suspension, 24 months probation, $10,000 fine.
Chiropractic
Advanced Chiropractic Health Care, P.C.; 226 Seventh Street – Suite 101, Garden City, NY 11530; Cal. No. 22928; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $2,500 fine.
Dennis Martin Homack; Chiropractor; Seneca Falls, NY 13148-1705; Lic. No. 008680; Cal. No. 24471; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.
Dentistry
Sidney Starman; Dentist; Rochester, NY 14616; Lic. No. 024220; Cal. No. 24057; Application for consent order granted; Penalty agreed upon: 1 year actual suspension, upon service of 6 months of actual suspension may apply for early termination upon successful completion of certain coursework, upon service of or upon early termination of 1 year actual suspension 2 years probation to commence upon return to practice, $2,500 fine.
Bambi Linn Jones Olsen; Certified Dental Assistant; Brockport, NY 14420; Cert. No. 000514; Cal. No. 24455; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.
Engineering and Land Surveying
Peter Gerazounis; Professional Engineer; New Hyde Park, NY 11040; Lic. No. 072050; Cal. No. 24400; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, upon service of 1 month actual suspension 24 months probation, $5,000 fine.
Waseem Hakeem; Professional Engineer; Franklin Square, NY 11010; Lic. No. 080511; Cal. No. 24493; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $5,000 fine.
Steven J. Rizzo; Professional Engineer; Islip, NY 11751-0314; Lic. No. 066204; Cal. No. 24507; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation, $1,000 fine.
Leon St. Clair Nation; Professional Engineer; Bronx, NY 10467-6206; Lic. No. 065052; Cal. No. 24510; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation, $5,000 fine.
JNS Engineers, P.C.; 633 Remsen Avenue, Brooklyn, NY; Cal. No. 24511; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $5,000 fine.
Nursing
Faith Hutchinson; Licensed Practical Nurse; Rockville Centre, NY 11570; Lic. No. 211433; Cal. No. 23907; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $250 fine.
Anthony H. Barber; Licensed Practical Nurse; Bayside, NY 11361-3055; Lic. No. 109943; Cal. No. 24156; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for not less than 3 months and until fit to practice, upon termination of suspension 2 years probation to commence if and when return to practice.
Kristyn Sullivan a/k/a Kristyn Silvagnoli; Licensed Practical Nurse; Utica, NY 13502; Lic. No. 254910; Cal. No. 24246; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.
Anton Lacy Williams; Licensed Practical Nurse; Central Islip, NY 11722-3936; Lic. No. 265189; Cal. No. 24311; Found guilty of professional misconduct; Penalty: 36 month suspension, execution of last 24 months of suspension stayed.
Daniel William Grimmick; Registered Professional Nurse; Clifton Park, NY 12065; Lic. No. 484472; Cal. No. 24339; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,000 fine.
B. Joanne Shibley Butts; Registered Professional Nurse; Cazenovia, NY 13035; Lic. No. 388579; Cal. No. 24432; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation to commence upon return to practice, $500 fine payable within 6 months.
Glynnis Guanizo Gigantone; Registered Professional Nurse; Patchogue, NY 11772; Lic. No. 566662; Cal. No. 24454; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $500 fine.
Dawn Marie Lemcke; Licensed Practical Nurse, Registered Professional Nurse; Canandaigua, NY 14424; Lic. Nos. 234389, 497033; Cal. Nos. 24474, 24475; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.
Sheila M. Malone; Registered Professional Nurse; Flushing, NY 11358; Lic. No. 402136; Cal. No. 24482; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.
Mary Beth Juricek; Registered Professional Nurse; College Point, NY 11356; Lic. No. 327227; Cal. No. 24492; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $2,500 fine.
Deborah Jean Rose; Licensed Practical Nurse; Schenectady, NY 12305; Lic. No. 253072; Cal. No. 24523; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for no less than 1 year and until fit to practice, upon termination of suspension 2 years probation to commence upon return to practice.
Christy Lee Russell; Licensed Practical Nurse, Registered Professional Nurse; Malone, NY 12953; Lic. Nos. 265358, 532870; Cal. Nos. 24525, 24524; Found guilty of professional misconduct; Penalty: Indefinite actual suspension until substance abuse free and fit to practice, upon termination of suspension, probation 2 years to commence upon return to practice, $500 fine.
Rainey L. Rathbun; Licensed Practical Nurse; Verona, NY 13478; Lic. No. 289318; Cal. No. 24565; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $250 fine.
Pharmacy
Monsey Family Drugstore, LLC.; Pharmacy; 108-B Route 59, Monsey, NY; Reg. No. 026502; Cal. No. 24132; Application for consent order granted; Penalty agreed upon: $5,000 fine.
Mia M. Bero Carr; Pharmacist; Brewerton, NY 13029; Lic. No. 042975; Cal. No. 24273; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, 1 year probation, $500 fine.
Rite Aid of New York, Inc.; Pharmacy; 1900 Grant Blvd., Syracuse, NY; Reg. No. 023516; Cal. No. 24461; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $30,000 fine.
Duane Reade; Pharmacy; 666 Third Avenue, New York, NY; Reg. No. 022297; Cal. No. 24468; Application for consent order granted; Penalty agreed upon: 2 years probation, $10,000 fine.
Rite Aid of New York, Inc.; Pharmacy; P. O. Box 3165, Harrisburg, PA; Reg. No. 013968; Cal. No. 24485; Application for consent order granted; Penalty agreed upon: 2 years probation, $10,000 fine.
Dale Robert Lewis; Pharmacist; Malta, NY 12020; Lic. No. 042313; Cal. No. 24529; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $1,500 fine.
Podiatry
Jonathan Lloyd Harwayne; New York, NY 10280; Lic. No. 004616; Cal. No. 24531; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $1,000 fine.
Public Accountancy
Byron Von Brewer; Certified Public Accountant; Kenmore, NY 14213; Lic. No. 080103; Cal. No. 24445; Application for consent order granted; Penalty agreed upon: 6 month actual suspension, 18 month stayed suspension, 2 years probation, $5,000 fine.
Frederick J. Stoffel; Certified Public Accountant; Brockport, NY 14420; Lic. No. 031162; Cal. No. 24481; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice, upon termination of suspension 2 years probation to commence if and when return to practice, $500 fine payable within 6 months.
Social Work
Jean Marie Hendrickson; Licensed Clinical Social Worker; Poughkeepsie, NY 12601; Lic. No. 052594; Cal. No. 23705; Found guilty of professional misconduct; Penalty: 2 year suspension, execution of suspension stayed, probation 2 years.
Linda Santiago; Licensed Master Social Worker; Bayside, NY 11360; Lic. No. 060229; Cal. No. 24316; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation to commence upon return to practice, $1,000 fine payable within 12 months.
Karen Yonsky Drossel; Licensed Master Social Worker; Medusa, NY 12120; Lic. No. 049109; Cal. No. 24483; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.
Veterinary Medicine
Richard Laird Hall; Veterinarian; Eden, NY 14057; Lic. No. 001712; Cal. No. 24071; Application for consent order granted; Penalty agreed upon: Partial actual suspension in certain area until successfully complete course of retraining in certain area, 2 years probation.
Daniel Francis Tufaro; Veterinarian; New York, NY 10010; Lic. No. 006633; Cal. No. 24470; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $2,500 fine.
The Board of Regents voted on July 28, 2009 to deny the petition for restoration of the physician license of Thomas Schultz, Morristown, NJ 07960. Dr. Schultz’s license was originally revoked December 18, 1998.
The Board of Regents voted on July 28, 2009 to deny the petition for restoration of the certified public accountant license of Joseph G. Shanahan, New Rochelle, NY 10801. Mr. Shanahan’s license was originally revoked February 8, 2000.