Meeting of the Board of Regents | November 2010
|
THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234 |
TO: |
The Honorable the Members of the Board of Regents
|
FROM: |
Anthony Lofrumento |
SUBJECT: |
Summary of the October 2010 Meeting of the Board of Regents and the October 14, 2010 Meeting of the College and Career Readiness Working Group |
DATE: |
November 1, 2010 |
STRATEGIC GOAL: |
Goal #4 |
AUTHORIZATION(S): |
|
Executive Summary
Issue for Decision
Review of the Summary of the October 2010 Meeting of the Board of Regents and the October 14, 2010 Meeting of the College and Career Readiness Working Group.
Proposed Handling
Approval of the Summary of the October 2010 Meeting of the Board of Regents and the October 14, 2010 Meeting of the College and Career Readiness Working Group.
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 October 2010 Meeting of the Board of Regents and the October 14, 2010 Meeting of the College and Career Readiness Working Group.
Timetable for Implementation
Effective November 16, 2010.
VOTED, that the Summary of the October 2010 Meeting of the Board of Regents and the October 14, 2010 Meeting of the College and Career Readiness Working Group of The University of the State of New York be approved.
SUMMARY OF THE OCTOBER MEETING
OF THE BOARD OF REGENTS
OF
THE UNIVERSITY OF THE STATE OF NEW YORK
Held at the State Education Building
Albany, New York
October 18 and 19, 2010
as well as a summary of the
College and Career Readiness Working Group Meeting
Held on October 14, 2010
at the State Education Building as well as
at various Statewide video conference locations.
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, October 18 at 9:00 a.m. and on Tuesday, October 19 at 12:00 p.m. pursuant to a call to duty sent to each Regent.
MEETING OF THE FULL BOARD, Monday, October 18 at 9:00 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
Also present were the Commissioner of Education, David M. Steiner, Senior Deputy Commissioner for P-12 Education, John King, Acting Counsel and Deputy Commissioner for Legal Affairs, Erin O’Grady-Parent, and the Secretary, Board of Regents, Anthony Lofrumento. Regents Karen Brooks Hopkins and Wade S. Norwood were absent and excused.
Chancellor Merryl H. Tisch called the meeting to order at 9:00 a.m.
ACTION ITEM
Executive Session Motion
MOVED, that the Board of Regents convene in executive session at this time for the purpose of discussing personnel matters; and further
MOVED, that the Board of Regents convene in executive session on Tuesday, October 19, at 8:00 a.m., for the purpose of board training and to discuss pending litigation.
Motion by: Vice Chancellor Milton L. Cofield
Seconded by: Chancellor Emeritus Robert M. Bennett
Action: Motion carried unanimously
DISCUSSION ITEM
Reform Agenda Update
Oral
Chancellor Tisch, Commissioner David M. Steiner and Senior Deputy John King presented an update to the Board.
PRESENTATIONS
October 2010 Update on NYSED P-12 Strategic Vision
Oral
Commissioner David M. Steiner and Senior Deputy John King presented an update to the Board.
Full Board adjourned at 10:50 a.m.
MEETING OF THE FULL BOARD, Tuesday, October 19 at 12:00 p.m.
Board Members in Attendance:
Merryl H. Tisch, Chancellor
Milton L. Cofield, Vice Chancellor
James C. Dawson
Anthony S. Bottar
Geraldine D. Chapey
Harry Phillips, 3rd
James R. Tallon, Jr.
Roger Tilles
Karen Brooks Hopkins
Charles R. Bendit
Betty A. Rosa
Lester W. Young, Jr.
Christine D. Cea
Also present were the Commissioner of Education, David M. Steiner, Senior Deputy Commissioner P-12, John King, Acting Counsel and Deputy Commissioner for Legal Affairs, Erin O’Grady-Parent, and the Secretary, Board of Regents, Anthony Lofrumento. Chancellor Emeritus Robert M. Bennett and Regent Wade S. Norwood were absent and excused.
Chancellor Merryl H. Tisch called the meeting to order at 12:00 p.m.
ACTION ITEMS
Charter Applications for October 2010
BR (A) 1
MOVED, that the Regents approve each application in accordance with the recommendations contained in the respective summaries.
Summary of the September 2010 Meeting of the Board of Regents
BR (A) 2
MOVED, that the Summary of the October 2010 Meeting of the Board of Regents and the October 14, 2010 Meeting of the College and Career Readiness Working Group
The University of the State of New York be approved.
Appointment of Assistant Commissioner for Innovative School Models
BR (A) 3
MOVED, that the Board of Regents approve the appointment of Sally Bachofer to the position of Assistant Commissioner for Innovative School Models effective October 19, 2010.
Appointment of Assistant Commissioner for Data Systems
BR (A) 4
MOVED, that the Board of Regents approve the appointment of Ken Wagner to the position of Assistant Commissioner for Data Systems effective October 19, 2010.
Appointment of Deputy Commissioner for Adult Education and Workforce Development
BR (A) 5
MOVED, that the Board of Regents approve the appointment of Kevin G. Smith to the position of Deputy Commissioner for Adult Education and Workforce Development effective October 19, 2010.
Appointment of Assistant Commissioner for Adult Education and Workforce Development
BR (A) 6
MOVED, that the Board of Regents approve the appointment of Debora Brown-Johnson to the position of Assistant Commissioner for Adult Education and Workforce Development effective October 19, 2010.
Proposed Amendment of section 3.2 of the Rules of the Board of Regents, relating to the Regents Committees
BR (CA) 1
MOVED, that section 3.2 of the Rules of the Board of Regents be amended, as submitted, effective November 10, 2010; and it is further
MOVED, that section 3.2 of the Rules of the Board of Regents be amended, as submitted, effective October 25, 2010, as an emergency action, upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare to ensure that the emergency rule adopted at the July 2010 Regents meeting remains continuously in effect until the effective date of its adoption as a permanent rule.
Motion by: Regent James C. Dawson
Seconded by: Regent Harry Phillips, 3rd
Action: Motion carried unanimously
PROGRAM AREA CONSENT ITEMS
P-12 Education
Proposed Amendment of Section 135.4 of the Regulations of the Commissioner Relating to the Age Eligibility and Four-Year Limitation for Senior Athletic Competition
BR (CA) 2
MOVED, that subclause (1) of clause (b) of subparagraph (ii) of paragraph (7) of subdivision (c) of section 135.4 of the Regulations of the Commissioner of Education be amended, and that clause (d) of subparagraph (ii) of paragraph (7) of subdivision (c) of section 135.4 of the Commissioner’s Regulations be added, as submitted, effective October 26, 2010, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare to continue to implement in the 2010-2011 school year, the process for granting waivers from the age and four-year limitations for senior athletic competition to eligible students with disabilities, and thereby permit their timely participation in non-contact athletic competition for a fifth season in high school.
Higher Education
Appointments to the State Professional Standards and Practices Board of Teaching
BR (CA) 3
MOVED, that the Board of Regents approve the following appointments to the State Professional Standards and Practices Board for Teaching: Janice Cabbell (school administrator member) to complete an unexpired term beginning October 18, 2010 and ending June 30, 2013, Lindsey Maurer Haviland (student member) to the two year term beginning October 18, 2010 and ending June 30, 2012, and Ellen Sullivan (teacher member), to complete an unexpired term beginning October 18, 2010 and ending June 30, 2012.
Briarcliffe
College: Bachelor of Science Degree Program in Healthcare Administration at its Bethpage and Patchogue Campuses
BR CA (4)
MOVED, that the Board of Regents approve a master plan amendment to authorize Briarcliffe College to offer Bachelor of Science degree programs in Healthcare Administration at the College’s main campus and Patchogue branch campus. This amendment will be effective until October 31, 2011, unless the Department registers the proposed programs prior to that date, in which case master plan amendment shall be without term.
Master Plan Amendment: Branch Campus in Brooklyn, B.B.A. in General Business; and a B.B.A. in Management
BR CA (5)
MOVED, that the Board of Regents approve a master plan amendment for Berkeley College to authorize the College to establish a branch campus in Brooklyn and to offer B.B.A. programs in General Business and in Management at that campus. The amendment will be effective until October 31, 2011, unless the Department registers the branch campus and its programs prior to that date, in which case master plan amendment shall be without term.
Professional Practice
(Re)Appointments
of Members to the State Boards for the Professions and (Re)Appointments 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 (6)
MOVED, that the Board of Regents approve the proposed (re)appointments.
Report of the Committee on the Professions Regarding Licensing Petitions
BR CA (7)
MOVED, that the Board of Regents approve the recommendations of the Committee on the Professions regarding licensing petitions.
Proposed Amendment to the Regulations of the Commissioner of Education Relating to the Licensing Examination in Architecture
BR CA (8)
MOVED, that section 69.2 of the Regulations of the Commissioner of Education be amended, as submitted, effective November 10, 2010.
Motion by: Vice Chancellor Milton L. Cofield
Seconded by: Regent James C. Dawson
Action: Motion carried unanimously however Regent Roger Tilles recused himself from the vote on BR CA (4)
STANDING COMMITTEE REPORTS
MOVED, that the reports from the Regents Standing Committees be approved as submitted.
Motion by: James C. Dawson
Seconded by: James R. Tallon, Jr.
Action: Motion carried unanimously
ACKNOWLEDGEMENTS AND APPOINTMENTS
The Board and Commissioner acknowledged the careers of Alan Ray, Assistant Commissioner and Theresa Savo, Deputy Commissioner. The Board and Commissioner also acknowledged the appointments of
- Assistant Commissioner for Data Systems, Ken Wagner
- Assistant Commissioner for Innovative School Models, Sally Bachofer
- Deputy Commissioner for Adult Education and Workforce Development, Kevin G. Smith
- Assistant Commissioner for Adult Education and Workforce Development, Debora Brown-Johnson
Also, Commissioner Steiner announced the appointment of Amy McIntosh as Senior Fellow.
Motion by: Roger Tilles
Seconded by: Vice Chancellor Milton L. Cofield
Action: Motion carried unanimously
AUDITS/BUDGET AND FINANCE
Regent Geraldine Chapey, Chair of the Regents Subcommittee on Audits/Budget and Finance submitted the following report.
The Regents Subcommittee on Audits/Budget and Finance met as scheduled on October 18, 2010. Chancellor Tisch, Vice Chancellor Cofield, Vice Chair Bendit, Regents Phillips, Tallon, and Tilles were in attendance.
ITEMS FOR DISCUSSION
Chair’s Remarks: Regent Chapey welcomed everyone and reminded them of the importance of finance, budget and audit during these times of fiscal stress. She commented on the effectiveness of combining these functions into a more effective systems approach for dealing with issues.
ACTION ITEMS
September Fiscal Report
Your Committee reviewed the September fiscal report. Motion was made by Regent Tilles, seconded by Vice Chancellor Cofield to accept the September fiscal report. – all in favor.
2011-12 Budget Request
Your committee reviewed the 2011-12 budget requests, discussed issues related to the request. Motion made by Regent Phillips, seconded by Vice Chancellor Cofield to accept the budget request. – all in favor.
MATTERS NOT REQUIRING BOARD ACTION
Overview of the Office of Audit Services
The members were presented with the organization, structure, and activities of the Department’s Office of Audit Services. Discussions took place regarding coordination with other auditors and the most effective methods to deploy the Office’s resources.
Discussion of the Subcommittee’s Charge
Staffs were briefed on the Subcommittee’s charge statement. The statement has not been updated since 2001. It focused more on Department internal functions while allowing for presentation of other audits of a more significant nature. This Statement will be revised in the future based on the new responsibilities of the Subcommittee and the input of the members.
Department’s Annual Internal Control Certification
Staff briefed the Subcommittee members on the Department’s process to ensure key risks are identified and adequate internal controls are in place, and the annual requirement to certify to DOB that the Department has complied with certain provisions related to internal controls.
Completed Audits
The Subcommittee was presented with 18 audits this month. The audits included 13 audits of preschool special education providers as well as 5 issued by the Office of the State Comptroller.
Final Report on the Results of School District Accountability Initiative
The Subcommittee was presented with the results of the recently concluded five-year audit initiative by the Office of the State Comptroller. The findings related to these audits have been tracked, summarized and trended for the members. A chart depicting the result was provided showing the distribution of audit findings by type. The Office of Audit Services will begin to track audits to identify serious concerns as well as emerging trends.
COLLEGE AND CAREER READINESS WORKING GROUP
Your College and Career Readiness Working Group held its scheduled meeting on October 14, 2010 via video conference. All Working Group members were present, except for Regents Tilles and Rosa, who were excused.
MATTERS NOT REQUIRING BOARD ACTION
The Working Group discussed and provided feedback on two draft items that will be brought back to the joint meeting of the P-12 Education Committee and College and Career Readiness Working Group on October 18 for further discussion.
Potential Revisions of High School Graduation Requirements – Commissioner David Steiner and Senior Deputy Commissioner John King gave an overview of possible policy directions for the Regents to consider as they continue their discussions on how to prepare students for college and careers. The options for consideration include increasing graduation requirements, allowing greater flexibility in meeting graduation requirements, alternative and supplemental credentials, and the safety net for students with disabilities. Working Group members provided feedback on issues relating to student disposition, additional impact data for English language learners, expanding the role of CTE, and holding statewide regional hearings.
Reporting of College- and Career-Ready High School Graduation Rates – Part II: Planning for the Transition – The Working Group discussed recommendations to report college- and career-ready graduation rate calculations beginning with the four-year outcomes of the 2007 cohort during the graduation rate release that occurs after the conclusion of the 2010-11 school year.
CULTURAL EDUCATION
ITEMS FOR DISCUSSION
Chair’s Remarks: Regent Tilles welcomed everyone and opened the meeting. Regent Tilles noted that Carole Huxley will lead an ad-hoc work group to solicit input from the Museum community regarding Regents Regulations regarding deaccessioning.
Regent Tilles also reported on a brief meeting that he participated in on October 18 with members of the Museum Association of New York where they discussed opportunities for greater communication and collaboration with the Museum community.
Deputy’s Report: Deputy Commissioner Jeffrey Cannell greeted everyone and briefly reviewed a number of recent accomplishments including the opening of the State Archives and State Library on Saturday, October 16th, representing the first Saturday opening since 1973. Deputy Cannell also noted the number of events at local libraries celebrating receipt of funds from the $9 million Broadband Technology Opportunities (BTOP) Grant that was received by the Department earlier this year. Finally, Deputy Cannell noted the upcoming meeting of representatives of former Dutch colonies to be held in Albany on November 1-3 to discuss digitization of colonial documents as part of the Mutual Cultural Heritage Program that is funded by the Dutch National Archives.
CE (D) 1 – Proposed Regulation and Assessment Relating to Reference and Research Library Resources Systems
Maribeth Krupczak, Library Development Specialist, provided, at the September CE Committee meeting, brief background information and presented the proposed changes to CR 90.5 including "terms" for discussion. The proposed changes and "terms" were discussed and put forth with recommendation for adoption at the October Regents meeting, with an effective date of November 10, 2010 and are intended to bring the Commissioner’s regulations in compliance with Education Law.
Motion to
Motion by: Regent Brooks-Hopkins
Seconded by: Regent Dawson
Action: Unanimously carried
CE (D) 2 – Overview of OCE’s Fiscal Situation
Deputy Commissioner Jeffrey Cannell presented the report on the current fiscal situation faced by the Office of Cultural Education and submitted it to the Committee members for discussion. The committee discussed many options and suggested development of a comprehensive proposal that shows the range of efforts to improve capacity, diversify revenue sources and change the way Cultural Education delivers its programs and services.
Following the presentation on OCE’s fiscal situation, the committee had extensive discussions about opportunities to improve arts education and more closely integrate the arts and cultural institution community with arts education in schools. Senior Deputy King and Deputy Cannell will work together to present the committee with materials for further discussion and possible action
HIGHER EDUCATION
Your Higher Education Committee held its scheduled meeting on October 19, 2010. All members were present with the exception of Chancellor Emeritus Bennett.
ACTION ITEMS:
Adolescence Level Teacher Certification Restructuring for Students with Disabilities.
Your committee recommends that subdivisions (b) and (c) of section 52.21 of the Regulations of the Commissioner of Education are amended; subdivision (a) of section 80-3.7 of the Regulations of the Commissioner of Education is amended; subdivision (a) is amended and subdivision (c) is added to section 80-4.2 of the Regulations of the Commissioner of Education; that subdivisions (a), (b), (c), (d) and (e) are amended and that a new subdivision (n) be added to section 80-4.3 of the Regulations of the Commissioner of Education, as submitted, effective October 26, 2010, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare to provide institutions with sufficient notice of the new program registration requirements for the Special Education Generalist adolescence certificate and to provide candidates with sufficient time to complete the requirements for the Special Education generalist and specialist certificate titles in grades 5-9 and the special education specialist certificate title in grades 7-12 before the Department phases out individual evaluation of these certificate titles. [HE (A) 1]
MOTION FOR ACTION BY FULL BOARD
Madam Chancellor and Colleagues: Your Higher Education 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 October 19, 2010, copies of which have been distributed to each Regents.
MATTERS NOT REQUIRING BOARD ACTION
Race to the Top Timeline
The Committee discussed the recommended timeline for rolling out RFPs and regulations relating to Section D of our Race to the Top application.
New York State Teaching Standards Development
The Committee discussed the draft teaching standards that will inform teacher preparation, teacher assessments for certification, teacher evaluation, and teacher professional development. [HE (D) 2]
Graduate Level Clinically Rich Teacher Preparation Pilot Program RFP
The Committee discussed the priorities for the RFP and also examined the point structure being recommended for evaluating applications under this pilot. [HE (D) 3]
Regents Coordination of Higher Education
The Committee discussed how the Board of Regents can most effectively use their authority to coordinate the provision of high quality higher education to New Yorkers by institutions located inside and outside the State, on ground and online. [HE (D) 1]
P-12 EDUCATION COMMITTEE AND THE
REGENTS
COLLEGE
AND CAREER READINESS WORKING GROUP
Your P-12 Education Committee and College and Career Readiness Working Group held a joint meeting on October 18, 2010. All members were present, except for Regent Norwood, who was excused.
ACTION ITEMS
Reporting of College- and Career-Ready High School Graduation Rates – Part II: Planning for the Transition – due to time constraints, this item was not discussed and will be brought back for discussion at the November Regents meeting. [CCR (A) 1]
MATTERS NOT REQUIRING BOARD ACTION
Potential Revisions of High School Graduation Requirements – the Committee continued its discussion of the possible policy directions for the Regents to consider as they continue their discussions on how to prepare students for college and careers. Department staff will begin to engage stakeholders on the development of these ideas and begin working with the Regents to set up regional meetings around the state to provide comment and feedback on impact, sustainability, capacity and timelines related to these possible policy directions. [CCR (D) 1]
P-12 EDUCATION
Your P-12 Education Committee held its scheduled meeting on October 18, 2010. All Committee members were present, except for Regent Norwood, who was excused.
ACTION ITEMS
Broome Street Academy Charter High School
Your Committee recommends that the Board of Regents approves and issues the charter of the Broome Street Academy Charter High School as proposed by the Trustees of the State University of New York (SUNY) and issues a provisional charter to it for a term of five years, up through and including October 18, 2015. [P-12 (A) 1]
Academic Intervention Services
Your Committee recommends that subdivision (ee) of section 100.2 of the Regulations of the Commissioner be amended as submitted, effective November 10, 2010, and it is further recommended that subdivision (ee) of section 100.2 of the Regulations of the Commissioner be amended as submitted, effective October 25, 2010, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare to ensure that the emergency rule adopted at the July 2010 Regents meeting remains continuously in effect until the effective date of its adoption as a permanent rule, and thereby avoid disruption to the administration of the modified Academic Intervention Services requirements by school districts in the 2010-2011 school year. [P-12 (A) 2]
Academic Intervention Services and the Response to Intervention Process
Your Committee recommends that the Board of Regents add paragraph (7) of subdivision (ee) of section 100.2 of the Regulations of the Commissioner, as submitted, effective November 10, 2010. These regulations would allow a school district to provide a Response to Intervention (RTI) program in lieu of providing Academic Intervention Services (AIS) to eligible students, provided that certain conditions are met. [P-12 (A) 3]
MOTION FOR ACTION BY FULL BOARD
Madam Chancellor and Colleagues: Your P-12 Education Committee recommends, and I move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on October 19, 2010, copies of which have been distributed to each Regent.
MATTERS NOT REQUIRING BOARD ACTION
Testing Program Update – The Committee discussed updates to the Grades 3-8 ELA and math tests, the Comprehensive Regents Examination in English and the PARCC and NCSC Test Consortia.
Grades 3-8 Testing Program – updates include the resetting of cut scores to signal student progress towards college and career readiness; and changes to the format of the testing program for the spring 2011 exams.
Comprehensive Regents Examination in English – the first administration of the redesigned one-day exam is scheduled for January 2011.
PARCC and NCSC Test Consortia – States in the PARCC Consortium are committed to building an assessment system that is internationally benchmarked. All states in the consortium will adopt common assessments that are aligned to the Common Core Standards and performance standards. PARCC tests are slated for administration in the 2014-15 school year. The NCSC Consortium will design an alternate assessment based on alternate achievement standards to develop a comprehensive assessment system for students with the most significant cognitive disabilities. [P12 (D) 1]
Elimination of Certain State Assessments – The Committee discussed proposed amendments to regulations to address the deficit-reducing actions taken by the Board of Regents in June that impacted the NYS assessment system. The actions taken include the elimination of the Checkpoint A Second Language Proficiency exams for languages other than English; the Checkpoint B Regents comprehensive examinations in Hebrew, Latin and German; and the elementary and intermediate assessments in social studies. These proposed amendments are necessary to ensure that students continue to meet State learning standards and earn diploma credit despite the elimination of these examinations. It is expected that these proposed amendments will be submitted to the Regents for approval in December. [P12 (D) 2]
RTTT Timelines – The Committee discussed proposed timelines for implementing New York’s Race to the Top plan – focusing on the timelines for Data Systems and Turning Around Low Performing Schools. There are two strands associated with the Data System timeline – the P-12 Longitudinal Data System and the Instructional Reporting and Improvement System. The Committee’s discussion on the timeline for Turning Around Low-Performing schools focused on ideas for engagement – such as bringing in schools to the table that have turned around and talk about what generated their turn around.
Updates from the Office of Accountability and the Office of Innovative School Models – The Committee discussed updates on the 2010 School Improvement Grant Award Process, the fall 2010 Charter School Application Process, and upcoming regulatory changes relating to charter schools. Earlier this school year, we informed seven districts of their 1003(g) School Improvement implementation grant award decisions (New York City, Buffalo, Rochester, Syracuse, Albany, Yonkers and Roosevelt). The Committee discussed the districts that received awards, the amounts awarded to each school, and the intervention model selected. The Department will continue to support districts so that targeted schools will be successful in implementing their selected intervention model and accompanying strategies.
The Committee also discussed the 2010 Charter School Application Process. This new charter school application process utilized by the Board of Regents and the New York State Education Department has been designed to ensure that any charter school applicant presented to the Board of Regents for possible approval demonstrates the essential competencies consistent with the new statute. On September 22, 2010, we received 15 full applications. Over the course of the fall, staff will review the full applications, conduct face-to-face capacity interviews with applicant groups, and make charter award recommendations to senior staff. At the December 2010 meeting, recommendations for charter awards will be brought to the Regents for consideration and action.
PROFESSIONAL PRACTICE
Your Professional Practice Committee held its scheduled meeting on September 13, 2010. At the executive session, all Committee members were present, except for Vice Chancellor Milton L. Cofield, who was excused. At the public session, all Committee members were present.
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 33 consent order applications and 6 surrender applications be granted.
These recommendations are made following the review of 45 cases involving thirteen registered professional nurses, eleven licensed practical nurses, four pharmacists, three certified public accountants, two licensed practical nurses who are also registered professional nurses, two pharmacies, two registered professional nurses who are also nurse practitioners, one dentist, one licensed clinical social worker, one occupational therapist, and one veterinarian.
Restoration Petitions
Voted, that the Board of Regents deny the application of Henry Magiet for the restoration of his license to practice as a pharmacist in the State of New York.
Voted, that the Board of Regents restore the pharmacist license of Sherif Fred Edwards, after he has successfully taken and passed Part 2 of the New York State Pharmacy licensure examination (the law and jurisprudence portion) and after he has completed working a total of 500 hours employed in a pharmacy as specified in the Report of the Committee on the Professions, and that, upon his actual return to practice as a pharmacist in the State of New York subsequent to the restoration of his license, he be placed on probation for three years under the Terms of Probation attached to the Report of the Committee on the Professions as Exhibit A.
Voted, that the Board of Regents deny the application of Evangelos A. Catsoulis for the restoration of his license to practice as a physician in the State of New York.
Voted, that the Board of Regents deny the application of Justiniana Oribello Cabanit for the restoration of her license to practice as a registered nurse in the State of New York.
Approvals
Social Work Regulations – Your Committee recommends that sections 74.3 through 74.7 of the Regulations of the Commissioner of Education be amended and that section 74.9 of the Regulations of the Commissioner of Education be added, as submitted, effective September 24, 2010, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the public health and general welfare to ensure that the rule remains continuously in effect until it is adopted as a permanent rule.
MOTION FOR ACTION BY FULL BOARD
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 September 13, 2010, copies of which have been distributed to each Regent.
MATTERS NOT REQUIRING BOARD ACTION
Your Committee discussed several topics of interest, including:
- Deputy Commissioner’s Report/Update – The Deputy Commissioner reported on the following issues:
- New Executive Secretary, State Boards for Dentistry and Optometry
- Update on the International Medical Schools Workgroup
- Staffing Update
- Update on Technology
- Update on the Social Work and Mental Health Workgroup
- Architecture Regulations – This discussion item introduced proposed amendments to align the New York State requirements for licensure with current national standards regarding the retention of credit for Architect Registration Examination (ARE) divisions passed prior to January 1, 2006 and extensions to the existing five-year rolling clock.
STANDARDS WORK GROUP
Your Standards Work Group held its scheduled meeting on October 18, 2010. All Work Group members were present.
MATTERS NOT REQUIRING BOARD ACTION
Update on the Common Core State Standards for ELA and Mathematics and the Development of “Next Generation Science Standards” – the Standards Work Group discussed initiatives related to the adoption of the Common Core State Standards. The Group was provided with an overview of the P-12 and higher education ELA and mathematics practitioners meetings held in July. Both groups made recommendations for adding a small number of student achievement expectations unique to New York State. The recommendations represent what all students, including students with disabilities and English language learners should know and be able to do to be prepared for college and careers. The Work Group also discussed the CCSS relationship to the PreK learning standards. The PreK learning standards document will connect to the P-12 learning standards, but will be a stand alone guide to early learning. In late fall, collection and analysis of public comment on the proposed additions to the ELA and mathematics CCSS will be conducted with proposed recommendations to the Regents in January 2011.
The Work Group also discussed the Department’s effort to be engaged in the development of the “Next Generation Science Standards” (NGSS) through the National Research Council’s (NRC) conceptual framework. This framework is the first step in a process for revising the existing standards in K-12 science education. The anticipated date for release of the final framework document by NRC is early 2011.
The Work Group also discussed Race to the Top timelines as they related to curriculum models, assessments and the development and implementation of Network Teams. [SW (D) 1]
STRATEGIC PLANNING WORK GROUP
Your Strategic Planning Work Group held its scheduled meeting on October 18, 2010. All Work Group members were present, except for Regent Norwood, who was excused.
MATTERS NOT REQUIRING BOARD ACTION
SED Capacity – The Work Group was provided with a high-level and historical overview of the challenges facing the Department with regards to budget and staffing. The Division of Budget is predicting an $8.2 billion deficit for next year, which means another $4.9 million needs to be cut from the Department’s budget, even after retirements and workforce reduction.
RTTT Timelines/Positions – The Work Group discussed the proposed timeline for implementation of New York’s Race to the Top plan. Senior Deputy Commissioner John King summarized the timelines and discussed the three critical components of each core initiative: (1) steps to be taken, (2) relevant positions to be filled, and (3) RFPs to be developed. The Group also discussed the Department’s communication plan which includes the hosting of a statewide video conference and a webinar on the Scope of Work, availability of an RTTT mailbox, online tools and resources, and field visits, in person and via video conference, to Joint Management Team areas. There was concurrence that communication with the field and development of a strategy for engaging districts is crucial. [SP (D) 1]
Regents Research Fund – The Work Group was provided with a brief description of the Regents Research Fund and its role as a part of USNY.
Appendix I
NEW YORK
STATE BOARD OF REGENTS CHARTER ACTIONS
Name of Institution |
Program Area |
County |
Description of Charter Action(s) |
The ACW Artillery Association |
CE |
Monroe |
Amend charter to:
|
Aurora Town Public Library |
CE |
Erie |
Amend charter to:
|
Bronxville Public Library |
CE |
Westchester |
Amend charter to designate service area as coterminous with Village of Bronxville. |
Center for the Study of the Presidency |
CE |
Nassau |
Consent to merger with Center for Study of the Presidency and Congress under Not-for-Profit Corporation Law. |
Chappaqua Central School District Public Library |
CE |
Westchester |
Amend charter to:
|
Douglaston and Little Neck Historical Society |
CE |
Queens |
Amend charter to change mailing address and make charter absolute. |
Elbridge Free Library |
CE |
Onondaga |
Amend charter to:
|
Ellicottville Memorial Library |
CE |
Cattaraugus |
Amend charter to:
|
Falconer Public Library |
CE |
Chautauqua |
Amend charter to:
|
Guild Hall of East Hampton |
CE |
Suffolk |
Amend charter to increase maximum number of trustees to 60. |
Hay Memorial Library of Sackets Harbor |
CE |
Jefferson |
Amend charter to:
|
Howland Public Library |
CE |
Dutchess |
Amend charter to designate service area as coterminous with Beacon City School District. |
Little Falls Public Library |
CE |
Herkimer |
Amend charter to:
|
Liverpool Public Library |
CE |
Onondaga |
Amend charter to:
|
Myers Memorial Library |
CE |
Chautauqua |
Amend charter to:
|
Niagara Falls Public Library |
CE |
Niagara |
Amend charter to:
|
Pearl River Public Library |
CE |
Rockland |
Amend charter to:
|
Phelps Community Memorial Library |
CE |
Ontario |
Amend charter to:
|
Ruth Keeler Memorial Library |
CE |
Westchester |
Amend charter to:
|
Sagamore Institute of the Adirondacks |
CE |
Hamilton |
Consent to assumed name of Great Camp Sagamore. |
Seymour Library |
CE |
Monroe |
Amend charter to designate service area as coterminous with Village of Brockport, Town of Clarkson and Town of Sweden. |
Sinclairville Free Library |
CE |
Chautauqua |
Amend charter to:
|
Shelter Island Public Library Society |
CE |
Suffolk |
Grant absolute charter in the first instance. |
The Society for Comparative Research on Iconic and Performative Texts |
CE |
Onondaga |
Grant Regents Certificate of Incorporation. |
The Somers Library |
CE |
Westchester |
Amend charter to designate service area as coterminous with Town of Somers. |
Wells Memorial Library |
CE |
Essex |
Amend charter to:
|
West Seneca Public Library |
CE |
Erie |
Amend charter to:
|
Ateres Bais Yaakov Academy of Rockland |
P-12 |
Rockland |
Make provisional charter absolute. |
Brooklyn Free School |
P-12 |
Queens |
Amend charter to change corporate address and make charter absolute. |
The Ha’or Beacon School |
P-12 |
Kings |
Amend charter to change school address and extend charter for 3 years. |
Ivy League School |
P-12 |
Suffolk |
Amend charter to add authority to operate a grade 7. |
Kulanu Torah Academy |
P-12 |
Nassau |
Amend charter to:
|
The Martin Luther School |
P-12 |
Queens |
Grant absolute charter in first instance. |
Montessori Children’s School of East Meadow |
P-12 |
Nassau |
Grant 3 year provisional charter. |
The Skill Building Center |
P-12 |
Rockland |
Grant 3 year provisional charter. |
Mt. Sinai School of Medicine of New York University |
HE/OP |
New York |
Amend charter, effective November 18, 2010, to:
|
Appendix II
REGENTS ACTIONS IN 43 PROFESSIONAL DISCIPLINE CASES
AND 5 RESTORATION PETITIONS
October 18-19, 2010
The Board of Regents announced disciplinary actions resulting in the surrender of 2 licenses 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 5 restoration petitions.
I. SURRENDERS
Nursing
Beth Anne Maloney; Licensed Practical Nurse; Waverly, NY 14892-9503; Lic. No. 261844; Cal. No. 25151; Application to surrender license granted. Summary: Licensee admitted to the charge of taking narcotics for her own personal use.
Podiatry
Nicholas A. Errico, Jr.; Brooklyn, NY 11232; Lic. No. 003651; Cal. No. 25179; Application to surrender license granted. Summary: Licensee admitted to charges of having been convicted of Conspiracy to Commit Mail Fraud and Health Care Fraud and to Make False Statements in Connection with Payment of Health Care, a felony; and Health Care Fraud, a felony.
II. OTHER REGENTS DISCIPLINARY ACTIONS
Clinical Laboratory Technology
Susanne Jarvis; Clinical Laboratory Technologist; Hudson, NY 12534-2612; Lic. No. 012324; Cal. No. 25202; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.
Dentistry
Gregory C. Skinner; Dentist; Atlantic City, NJ 08401; Lic. No. 046610; Cal. No. 24361; Found guilty of professional misconduct; Penalty: 2 year suspension, execution of suspension stayed, $2,500 fine, pursue certain 40 hour course of education, probation 2 years.
Ira Brad Grosser; Dentist; Rockville Centre, NY 11570-3701; Lic. No. 038178; Cal. No. 24830; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, 1 year probation, $7,500 fine.
Ludmila Lukovsky; Dentist; Brooklyn, NY 11235-2527; Lic. No. 045473; Cal. No. 25108; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,500 fine.
Kings Dental PC; 1101 Flatbush Avenue, Brooklyn, NY 11226; Cal. No. 25236; Application for consent order granted; Penalty agreed upon: $1,500 fine, 1 year probation.
Engineering and Land Surveying
Mahatab Alam Siddique; Professional Engineer; New Hyde Park, NY 11042; Lic. No. 083753; Cal. No. 25058; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, $3,500 fine payable within 60 days.
Michael D. Dushenko; Professional Engineer; West Seneca, NY 14224; Lic. No. 055970; Cal. No. 25081; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.
Nursing
Anil T. George; Registered Professional Nurse; New Hyde Park, NY 11040; Lic. No. 554560; Cal. No. 23956; Found guilty of professional misconduct; Penalty: $2,500 fine, 2 year suspension, execution of suspension stayed, probation 2 years.
Sylvia Angela Young; Licensed Practical Nurse; Freeport, NY 11520; Lic. No. 226734; Cal. No. 23996; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation.
Jennifer Hannah-Albon; Licensed Practical Nurse; Tonawanda, NY 14120; Lic. No. 267474; Cal. No. 24584; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.
Stephanie Chester a/k/a Stephanie Lyn Chester a/k/a Stephanie Lyn Pollack; Registered Professional Nurse; Williston Park, NY 11596; Lic. No. 524195; Cal. No. 24730; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice, upon termination of suspension, 3 years probation to commence when and if return to practice.
Flore Jeudy a/k/a Flore Lauture-Jeudy; Licensed Practical Nurse; Freeport, NY 11520; Lic. No. 226590; Cal. No. 24890; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation, $5,000 fine.
Colin Keith Buchanan; Licensed Practical Nurse; Brooklyn, NY 11212; Lic. No. 275670; Cal. No. 24979; Found guilty of professional misconduct; Penalty: 1 month suspension, execution of suspension stayed, probation 1 year.
William Stephen Redmond; Registered Professional Nurse; Queensbury, NY 12804; Lic. No. 417870; Cal. No. 25011; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.
Catherine E. Roome; Registered Professional Nurse; Victor, NY 14564; Lic. No. 353587; Cal. No. 25046; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for a minimum of 1 year and until fit to practice, upon termination of suspension, 2 years probation to commence upon return to practice, $750 fine payable within 90 days.
Kwaku A. Asante; Licensed Practical Nurse; Bronx, NY 10457-3532; Lic. No. 263782; Cal. No. 25080; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 11 month stayed suspension, 1 year probation.
Carol L. Briggs; Licensed Practical Nurse, Registered Professional Nurse, Certified Nurse Practitioner – Family Health; Dundee, NY 14837; Lic. Nos. 266273, 547224, Cert. No. 335623; Cal. Nos. 25086, 25085, 25084; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, upon return to practice, 1 year probation, $1,000 fine.
Stephanie Kaufman; Registered Professional Nurse; Washingtonville, NY 10992-1265; Lic. No. 483835; Cal. No. 25139; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice, upon termination of suspension, 2 years probation, $1,500 fine payable within 5 months.
Kim L. Skaarup a/k/a Kim L. Keller; Licensed Practical Nurse; Selkirk, NY 12158; Lic. No. 105909; Cal. No. 25147; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.
Theresa A. Lloyd; Registered Professional Nurse; Elmont, NY 11003 ; Lic. No. 298996; Cal. No. 25156; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, $500 fine payable within 10 days.
Susan Baquial Sagaral; Registered Professional Nurse; Flushing, NY 11354; Lic. No. 594252; Cal. No. 25166; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.
Amanda R. Milne; Registered Professional Nurse; Rochester, NY 14620; Lic. No. 568352; Cal. No. 25167; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.
Jennifer A. Kohlmeyer; Licensed Practical Nurse; Earlton, NY 12058-1716; Lic. No. 268449; Cal. No. 25170; Application for consent order granted; Penalty agreed upon: 9 month actual suspension, upon termination of suspension, 2 years probation to commence upon return to practice.
Alisa M. Phillips; Registered Professional Nurse, Certified Nurse Practitioner - Acute Care; Canandaigua, NY 14424; Lic. No. 521295, Cert. No. 430250; Cal. Nos. 25171, 25172; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.
Keri Lynn Mazzella a/k/a Keri Sanchez; Licensed Practical Nurse; Highland, NY 12528-2256; Lic. No. 273627; Cal. No. 25203; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.
Jacinto Gasmin Nalos; Licensed Practical Nurse, Registered Professional Nurse; Jackson Heights, NY 11370; Lic. Nos. 205269, 420905; Cal. Nos. 25237, 25238; 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.
Pharmacy
John M. Rubino; Pharmacist; Corona, NY 11368; Lic. No. 044080; Cal. No. 24771; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 24 months probation, $1,000 fine.
Procare Pharmacy, L.L.C. d/b/a Careplus CVS Pharmacy; Pharmacy; 138 Second Avenue, New York, NY 10003; Reg. No. 019202; Cal. No. 25158; Application for consent order granted; Penalty agreed upon: $5,000 fine payable within 30 days.
Danny Scarano; Pharmacist; Pine Bush, NY 12566; Lic. No. 051687; Cal. No. 25159; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for no less than 3 months and until sucessfully participate in course of therapy and treatment and until fit to practice, upon termination of suspension, 2 years probation, $500 fine payable within 2 months.
Steven Neil Weinberg; Pharmacist; South Farmingdale, NY 11735; Lic. No. 042945; Cal. No. 25162; Application for consent order granted; Penalty agreed upon: 6 month actual suspension, 18 month stayed suspension, 2 years probation, $1,000 fine.
Jennifer Jane Olcott; Pharmacist; Redford, NY 12978; Lic. No. 046147; Cal. No. 25197; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for no less than 2 years and until fit to practice, upon termination of suspension, 2 years probation to commence upon return to practice.
Physical Therapy
John Joel Lotuaco Uy; Physical Therapist; Coram, NY 11727; Lic. No. 022627; Cal. No. 25141; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $1,000 fine.
Ashley Castor; Physical Therapist Assistant; Cambria Heights, NY 11411; Cert. No. 003539; Cal. No. 25185; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation; $500 fine.
Respiratory Therapy
Lynne Marie Darling a/k/a Lynne Marie Richter; Respiratory Therapy Technician; West Wyoming, PA 18644; Lic. No. 000424; Cal. No. 24014; Application for consent order granted; Penalty agreed upon: 1 year actual suspension to be terminated earlier upon successful completion of certain coursework, upon service or upon earlier termination of suspension, 1 year probation, $2,500 fine payable within 6 months.
Social Work
Alissa Hecker Haber; Licensed Master Social Worker; North Woodmere, NY 11581; Lic. No. 051506; Cal. No. 25135; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for a minimum of 6 months and until fit to practice, upon termination of suspension, 2 years probation.
Veterinary
Medicine
Kofi Nyanin; Veterinarian; Brooklyn, NY 11231; Lic. No. 006070; Cal. No. 23742; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $1,500 fine.
Ronald J. Peters; Veterinarian; Greenwich, NY 12834; Lic. No. 003963; Cal. No. 24283; Application for consent order granted; Penalty agreed upon: 1 year actual suspension, 3 years probation to commence upon return to practice, $1,000 fine.
III. RESTORATIONS
The Board of Regents voted on October 19, 2010 to deny the petition for restoration of the physician license of Michael J. Gianturco, Snyder, NY 14226. Dr. Gianturco’s license was originally revoked January 4, 2000.
The Board of Regents voted on October 19, 2010 to grant the petition for restoration of the certified public accountant license of Anthony Pirro, South Salem, NY 10590. Mr. Pirro’s license was originally revoked June 1, 2004.
The Board of Regents voted on October 19, 2010 to stay the order of revocation of the certified public accountant license of Rosanna Bell, Ossining, NY 10562, to place her on probation for three years under specified terms and conditions, and, upon satisfactory completion of the probationary period, to fully restore her license. Ms. Bell’s license was originally revoked February 8, 2005.
The Board of Regents voted on October 19, 2010 to stay the order of surrender of the licensed clinical social worker license of Jay A. Buchbinder, Hampton Bays, NY 11946, after he passes the examination in clinical social work offered by the Association of Social Work Boards, to then place him on probation for five years under specified terms and conditions, and, upon satisfactory completion of the probationary period, to fully restore his license. Mr. Buchbinder’s license was originally surrendered May 17, 2005.
The Board of Regents voted on October 19, 2010 to stay the order of surrender of the physician license of Dimitrios Kontos, Fort Lee, NJ 07024, upon receipt of proof satisfactory to the Director of the Office of Professional Medical Conduct (of the New York State Department of Health) that the applicant has (1) undergone an evaluation by a psychiatrist or psychologist, approved in advance by said director, and been found fit to practice, and (2) received a passing score on the Special Purpose Examination of the Federation of State Medical Boards, to then place him on probation for a period of three years under specified terms and conditions, and, upon successful completion of the probationary period, to fully restore his license. Dr. Kontos’ license was originally surrendered December 12, 1998.