0307summary

 

SUMMARY OF THE MARCH MEETING

 

OF THE BOARD OF REGENTS

OF

 

THE UNIVERSITY OF THE STATE OF NEW YORK

 

Held at the State Education Building

Albany, New York

 

March 19 and 20, 2007

 

Board of Regents

 

              The Board of Regents of The University of the State of New York held public sessions on Monday, March 19 at 10:00 a.m. and Tuesday, March 20 at 12:15 p.m. pursuant to a call duly sent to each Regent.

MEETING OF THE FULL BOARD, Monday, March 19, 10:00 a.m.

THE BOARD OF REGENTS

 

Board Members in Attendance:

Saul B. Cohen

James C. Dawson

Merryl H. Tisch

Geraldine D. Chapey

Arnold B. Gardner

Joseph E. Bowman, Jr.

James R. Tallon, Jr.

Milton L. Cofield

John Brademas

Roger B. Tilles

Natalie M. Gomez-Velez

              Also present were the President of The University and Commissioner of Education, Richard P. Mills, Deputy Commissioner for Legal Affairs, Kathy A. Ahearn, and the Secretary, Board of Regents, David Johnson.   Chancellor Robert M. Bennett, Vice Chancellor Adelaide L. Sanford and Regents Anthony S. Bottar, Harry Phillips, 3rd and Karen Brooks Hopkins were absent and excused.

              Regent Saul B. Cohen called the meeting to order at 10:00 a.m.

ACTION ITEMS

 

Executive Session Motion

 

              MOVED, that the Board of Regents convene in Executive Session on Tuesday, March 20 at 11:15 a.m. for the purpose of discussing pending litigation and personnel matters.

              Motion by:                      Regent James C. Dawson

              Seconded by:                  Regent Geraldine D. Chapey

              Action:                            Motion carried unanimously

 

Charter Applications for March 2007

BR (A) 1

 

              MOVED, that the Regents approve each application in accordance with the recommendations contained in the respective summaries, with a change in the service area to ”the residents of the East Fishkill Public Library District” in the application for an absolute charter by the East Fishkill Public Library District.

              Motion by:                      Regent James C. Dawson

              Seconded by:                  Regent James R. Tallon, Jr.

              Action:                            Motion carried (Regent Arnold B. Gardner voted nay)

Summary of the February 2007 Meeting

BR (A) 2

 

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

              Motion by:                      Regent James C. Dawson

              Seconded by:                  Regent James R. Tallon, Jr.

              Action:                            Motion carried unanimously

Election of Officers of the Board

              The Board met in public session to elect its Chancellor and Vice Chancellor for the period April 1, 2007 through March 31, 2010.  The elections followed procedures adopted by the Board in February 1995.

              MOVED, the nomination of Chancellor Robert M. Bennett for the office of Chancellor.

              Motion by:                      Regent Saul B. Cohen

              Seconded by:                  Regent Arnold B. Gardner and Regent Geraldine D. Chapey

              Following the nomination and reading of a statement submitted by the candidate in his absence, the Board voted by paper ballot.  Regent James C. Dawson and Regent Geraldine D. Chapey were designated as Tellers.

              Chancellor Robert M. Bennett was re-elected Chancellor by unanimous vote of the members of the Board, the term of office to be April 1, 2007 – March 31, 2010.  The paper ballot vote count was 12-0.

 

              MOVED, the nomination of Regent Merryl H. Tisch for the office of Vice Chancellor.

              Motion by:                      Regent Milton L. Cofield

              Seconded by:                  Regent Anthony S. Bottar

              Following the nomination and an opportunity for the candidate to make a statement and receive comments and questions from her colleagues, the Board voted by paper ballot.  Regent James C. Dawson and Regent Geraldine D. Chapey were designated as Tellers.

              Regent Merryl H. Tisch was elected Vice Chancellor by unanimous vote of the members of the Board, the term of office to be April 1, 2007 – March 31, 2010.  The paper ballot vote count was 12-0.

 

DISCUSSION ITEM

 

Commissioner’s Report to the Board

              The Commissioner’s written monthly report focused on eight subject areas the Board will vote upon or discuss during the monthly meeting:  Teacher Supply and Demand; Roosevelt; Preliminary Plan for Perkins Career and Technical Education; Proposal to Discontinue Component Retesting; Proposal to Reduce Regulation of Attendance in Non-Public Schools; Monitoring Middle School Reform; Literacy Among Young Children; and, Designing the Future of Vocational Rehabilitation.

 

MEETING OF THE FULL BOARD, Tuesday, March 20, 12:15 p.m.

Board Members in Attendance:

Saul B. Cohen

James C. Dawson

Anthony S. Bottar

Merryl H. Tisch

Geraldine D. Chapey

Arnold B. Gardner

James R. Tallon, Jr.

Milton L. Cofield

John Brademas

Roger B. Tilles

Natalie M. Gomez-Velez

              Also present were the President of The University and Commissioner of Education, Richard P. Mills, Deputy Commissioner for Legal Affairs, Kathy A. Ahearn, and the Secretary, Board of Regents, David Johnson.   Chancellor Robert M. Bennett, Vice Chancellor Adelaide L. Sanford and Regents Harry Phillips, 3rd , Joseph E. Bowman, Jr., and Karen Brooks Hopkins, were absent and excused.

              Regent Saul B. Cohen called the meeting to order at 12:15 p.m.

 

ACTION ITEMS

 

State Education Department February 2007 Fiscal Report

BR (A) 3

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

              General fund and federal accounts are in structural balance.  It is anticipated the Office of Elementary, Middle, Secondary and Continuing Education (EMSC) will undertake additional priority activities over the coming years, and dependent on the extent of which activities are accomplished and expenses are incurred in the 2006-2007 federal fiscal year, the program will draw upon prior year balances to cover the costs which may create a structural imbalance.

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

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

              Motion by:                      Regent Milton L. Cofield

              Seconded by:                  Regent James R. Tallon, Jr.

              Action:                            Motion carried unanimously

Regents Monthly Meeting Dates, 2008

BR (A) 4

              Monthly meeting dates for January – December 2008 were submitted for review and approval.  The schedule continues the current policy of two-day meetings.  It attempts to space meetings approximately five weeks apart, continuing the number of meetings in a year at ten and with no meetings in August and November.

(2008)

                            January 14-15                                Monday-Tuesday

                            February 11-12                              Monday-Tuesday

                            March 17-18                                  Monday-Tuesday

                            April 14-15                                    Monday-Tuesday

                            May 19-20                                     Monday-Tuesday

                            June 23-24                                     Monday-Tuesday

                            July 30-31                                      Wednesday-Thursday

                            September 15-16                            Monday-Tuesday

                            October 20-21                                Monday-Tuesday

                            December 8-9                                 Monday-Tuesday

 

              MOVED, that the Regents meeting dates for the period January-December 2008 are approved with a change in the proposed September 2008 to September 15-16.

              Motion by:                      Regent Milton L. Cofield

              Seconded by:                  Regent Merryl H. Tisch

              Action:                            Motion carried unanimously

 

Appointment of Associate and Assistant Commissioners

in Office of P-16 Education

BR (A) 5

and

Appointment of Associate Commissioner for the Professions

BR (A) 6

 

              MOVED, that the Board of Regents accept the appointments of Jean Stevens and Joseph Frey to the position of Associate Commissioner and Robert Bentley to the position of Assistant Commissioner, effective March 22, 2007.

              MOVED, that the Board of Regents accept the appointment of Frank Munoz to the position of Associate Commissioner for the Professions, effective March 22, 2007.

 

 

              Motion by:                      Regent James C. Dawson

              Seconded by:                  Regent Geraldine D. Chapey

              Action:                            Motion carried unanimously

 

DISCUSSION ITEM

2008-2009 Budget and Legislative Development Process

BR (D) 1

 

              The Board began the process of developing the 2008-2009 fiscal year budget, legislative and State Aid proposals to be approved at the September 2007 meeting.

              The first step in the process is a review of the existing budget and legislative initiatives to identify those components that are unmet and determine if the unmet components should be considered in the development of the 2008-2009 proposals.

 

MISCELLANEOUS

Resolution in Recognition of Regent John Brademas

              Regent Saul B. Cohen presented a resolution recognizing Regent John Brademas upon his retirement following three years of faithful and dedicated service as a member of the Board of Regents.

              The resolution is attached as Appendix III.

 

STANDING COMMITTEE REPORTS

 

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

              Motion by:                      Regent James C. Dawson

              Seconded by:                  Regent Milton L. Cofield

              Action:                            Motion carried unanimously

 

REGENTS COMMITTEE ON AUDITS

 

The Regents Subcommittee on Audits on March 23.  The following Board members were in attendance: Geraldine D. Chapey (Chair), Arnold B. Gardner, Milton L. Cofield and John Brademas.

The revised Statement on the Governance Role of a Trustee or Board Member is in print. It is being distributed to USNY Institutions.

This meeting was devoted to audit reports. The first report discussed was the Comptroller’s recently released report on the financial condition of the Roosevelt Union Free School District. In September of 2006, the Subcommittee was briefed on the discovery of a deficit in the District. The Commissioner asked the Comptroller’s Office to conduct an audit and answer three questions.

 

• What was the District’s financial condition at the end of the 2005-06 fiscal year?

• Are the revenue and expenditure projections in the 2006-07 budget reasonable and is the budget structurally balanced so that recurring costs are financed with recurring revenues?

• Were financial controls overridden?

 

Staff from the Office of the State Comptroller briefed the Subcommittee on the results. The report found that the District ended the 2005-06 fiscal year with an accumulated unreserved general fund deficit of approximately $6.2 million. The audit’s review of the 2006-07 fiscal year found that due to over-budgeting revenues and under-budgeting expenditures, the District will potentially incur a $6.1 million operating deficit as of June 30, 2007.

The audit concluded that very poor budgeting and financial management practices have been the primary cause of the District’s deteriorating financial condition. In addition, the audit observed a lack of expenditure controls.

The Commissioner and Department staff described the actions that have been taken to lessen the deficit and ensure a sound budget for the next school year including the issuance of an Order of the Commissioner.  The order directs, among other actions, reductions in expenditures of approximately $990,000 and revenue enhancements of approximately $3.45 million.

Subcommittee members discussed concerns with the effectiveness of the various audits in causing change in school districts. It was agreed that the Department would move toward a better method of identifying problems in school districts and improved coordination between audit staff and legal staff.

The Subcommittee was presented with 11 other audit reports.  Seven were audits of school districts, three were audits of BOCES and one was a follow-up audit of the Archives Partnership Trust. Department staff highlighted the findings in the Three Villages School District, Lakeland Central School District, and the Archives Partnership Trust.

The school district audits identified instances of unauthorized payments to staff, inappropriate payment of lifetime health insurance, weaknesses in procurement, inadequate separation of duties, and poor inventory controls.

The BOCES audits identified weaknesses in assigning computer access rights, weaknesses in controlling technology assets, and the lack of a disaster recovery plan for information technology data. The audits also identified a lack of segregation of duties over financial transactions.

The follow-up audit of the Archives Partnership Trust found that Trust officials have made significant progress in implementing the recommendations contained in the prior audit report. Four of the recommendations have been implemented and the remaining three were not applicable because the Trust had not awarded any new contracts since the initial report was issued.  

The list of all the audits presented to us is detailed below.     

Office of the State Comptroller

 

Three Village Central School District

Ulster BOCES

Lakeland Central School District

Capital Region BOCES

Lake Pleasant Central School District

Chatham Central School District

Ossining Union Free School District

Jefferson-Lewis-Hamilton-Herkimer-Oneida BOCES

Morris Central School District

Livingston Manor Central School District

Archives Partnership Trust

Roosevelt Union Free School District

 

REGENTS COMMITTEE ON ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION – VOCATIONAL AND EDUCATIONAL SERVICES FOR INDIVIDUALS WITH DISABILITIES

              Your EMSC-VESID Committee held its scheduled meeting on March 19, 2007.  Regents Bowman and Phillips were absent and excused.

ACTION ITEMS

State Plan

 

• Your Committee recommends approval of the amendment to the State Plan for Vocational Rehabilitation and Supported Employment Services, effective October 1, 2007.  [EMSC-VESID (CA) 1]

 

• Your Committee recommends approval of the July 1, 2007 through June 30, 2008 career and technical education interim state plan outline and directs staff to complete the interim state plan for submission to the U.S. Department of Education as required under the federal Carl D. Perkins Career and Technical Education Act of 2006.  [EMSC-VESID (A) 1]

 

Charter Schools

 

• Your Committee recommends approval of the revision to the first renewal charter of the COMMUNITY Charter School, and that the provisional charter be amended accordingly.  [EMSC-VESID (CA) 2]

 

• Your Committee recommends approval of the revision to the initial charter of the Harlem Success Academy Charter School, and that the provisional charter be amended accordingly.   [EMSC-VESID (CA) 2]

 

• Your Committee recommends that the proposed revision to the initial charter of the Girls Preparatory Charter School of New York be returned to the Board of Trustees of the State University of New York for reconsideration, and with the following comments and recommendations:  That the proposed revision raises concerns regarding the independence and autonomy of the charter school and its Board of Trustees, and should be abandoned.  [EMSC-VESID (CA) 2]

 

• Your Committee recommends approval of the revision to the initial charter of the Harlem Village Charter School as proposed by the Board of Trustees of the State University of New York, and that the provisional charter be amended accordingly.  [EMSC-VESID (CA) 2]

 

• Your Committee recommends approval and the issuance of the first renewal charter of the Brooklyn Excelsior Charter School as proposed by the Trustees of the State University of New York, and that its provisional charter be extended for a term ending on July 31, 2008.  [EMSC-VESID (A) 2]

 

• Your Committee recommends approval and the issuance of the third renewal charter of the Community Partnership Charter School as proposed by the Trustees of the State University of New York, and that its provisional charter be extended for a term ending on July 31, 2012.  [EMSC-VESID (A) 2]

 

• Your Committee recommends approval and issuance of the third renewal charter of the Harbor Science and Arts Charter School as proposed by the Trustees of the State University of New York, and that its provisional charter be extended for a term ending on July 31, 2012. [EMSC-VESID (A) 2]

 

MOTION FOR ACTION BY FULL BOARD

              Mr. Chancellor and Members of the Board:  Your EMSC-VESID Committee recommends, and I move, that the Board of Regents act affirmatively upon each of the recommendations set forth in the written report of the deliberations of the Committee at its meeting on March 19, 2007, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

Proposed amendment to Section 175.43 of the Regulations of the Commissioner relating to Operating Standards Aid  [EMSC-VESID (D) 1]

              The proposed amendment will be submitted for approval at the May meeting.

Proposed amendments to Sections 100.2 and 120.6 and Parts 200 and 201 of the Regulations of the Commissioner relating to the 2004 reauthorization of the Individuals with Disabilities Education Act  [EMSC-VESID (D) 2]

              The proposed amendment will be submitted for approval at the June meeting.

Report on component retesting  [EMSC-VESID (D) 3]

The Committee asked for more information to inform their decision about whether to continue the component retesting program.  That information includes:  data on students that have used the appeals process; the result of research on the feasibility of banking questions for the component retests; the results of field consultation on the pros and cons of continuing the program; the results of consultation with the Technical Advisory Committee on questions/issues raised by the Regents Committee and on alternatives to the program; implications for meeting federal reporting requirements under NCLB; the results of research on validating component tests; and technical aspects of the component retest development process.  Staff will report back in May on the progress in collecting this information.

Monitoring report on implementation of the Regents policy on middle-level education  [EMSC-VESID (D) 4]

The Committee asked for information on why districts chose not to apply for Models B and C; the relationship of school organizational structures to improved student performance at the middle-level; the flexibility in existing regulations that districts are now using rather than submitting applications for Models B and C; and the barriers districts have identified that impede their submission of applications.  Suggestions were offered to (1) draft a brief action plan on what the Regents will do to address poor performance in middle schools; and (2) draft a brief paper that describes the problems and issues surrounding the lack of improved student performance in the middle grades.  Department staff will also research strategies undertaken in other states to improve performance at the middle level and pursue the related next steps outlined in the report on adolescent literacy.

Proposed amendment to Section 104.1 of the Commissioner’s Regulations relating to pupil attendance recordkeeping for nonpublic schools  [EMSC-VESID (D) 5]

              The proposed amendment was pulled off the Committee’s agenda.

Report on adolescent literacy in New York State  [EMSC-VESID (D) 6]

              Department staff will proceed with the next steps outlined in the report.

Other issue(s)

Staff will further consult with the Technical Advisory Committee on pre-equating vs. post-equating the performance standard to be set for the new Math B Regents examination that will be first administered in 2008 so that schools/students will have the results more quickly.

 

REGENTS COMMITTEE ON CULTURAL EDUCATION

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

Your Committee on Cultural Education had its scheduled meeting on March 19, 2007 in Room 311, Main Education Building.  Regents Dawson, Brademas, Tilles, Gomez-Velez, and Cohen were in attendance.   Absent: Regents Gardner, Phillips, Bowman, and Brooks Hopkins.

ITEMS FOR DISCUSSION

Chairs’ Remarks

Regent Dawson commented on his coming to Albany twice since the last Regents meeting, to do advocacy work across the street with support from the Regents Advisory Council on Libraries and the staff.

Report from the Deputy

Acting Deputy Commissioner Christine Ward presented the following updates to your Committee:

 

Cultural Education Advocacy Staff

 

CE staff are actively advocating for CE items in the Governor’s budget: library construction $14M; library systems, $3M; PBS, $2M; new facility, $60M capital funds, and two items not in the budget: NOVELny, $10M and Museum Ed. Act, $30M.  She reported on the status of each item in the legislative one-house bills.

Several Statewide organizations are also advocating for CE items including the Museum Association of New York and the Alliance for Arts in Education. Both have included the Museum Education Act in their advocacy literature.  NYLA is actively advocating for the Knowledge Initiative.

Emancipation Proclamation Exhibit

The Preliminary Emancipation Proclamation was publicly exhibited in the Capitol on March 11-12, 2007. Governor Elliot Spitzer, First Lady Silda Wall Spitzer, and Lieutenant Governor David Paterson announced the exhibition. About 3000 people visited the exhibit, some waiting up to 2-3 hours in line.

 

Gallery Renewal

 

A preliminary meeting was held with Gallagher and Associates to begin the development of a coherent master plan for the two new galleries. Gallagher and Associates will also kick off the formal planning process of the Natural History Gallery at the end of March. The foundation document for the Empire State gallery, Ken Jackson's "But it was in New York: The Empire State and the Making of America" has been sent to more than 25 historians for peer review.  OCE staff will meet with Dr. Jackson and a team of NY Historians to consider the peer reviews and revise the foundation document as necessary.

New Facility

 

Work is continuing on filling appointments to the CE Trust Board and hope to have the Board in place by June 2007.  OGS is publicly advertising the specifications for property.  Regent Dawson requested that the Regents receive a copy of the property specifications for the new facility.

Celebration of Teaching and Learning

 

The second annual Celebration of Teaching and Learning, sponsored by public television stations Thirteen/WNET and WLIW21, takes place in New York City on March 23-24, 2007 with a focus on Science and Global Awareness. The event is open to teachers, school administrators, school board members, students, parents, and others from the world of business and policy that support education. Speakers include Tim Russert, U.S. Secretary of Education Margaret Spellings, New York State Commissioner of Education Richard Mills, and former Vice President Al Gore. The Celebration of Teaching and Learning is an opportunity for the Office of Cultural Education (OCE) to increase access to and knowledge of its programs and resources.  OCE will host an exhibitor’s booth during the event and make available information on our educational resources and programs.

The New York State’s Library Services and Technology Act (LSTA) Five-Year Plan for October 1, 2007 through- September 30, 2012

Carol Desch, Coordinator for Statewide Library Services, presented information to your Committee on this plan which is linked to the recommendations issued in 2000 by the Regents Commission on Library Services and to one or more of the six purposes of LSTA. The plan describes specific evaluation measures that will enable accurate evaluation of the success of the program and ensure effective use of LSTA funds and other resources.  Regent Dawson noted that this discussion precedes the voting scheduled for May.

Public Television, Public Libraries, and Early Literacy

 

Your Committee heard presentations from two guest speakers whose work focuses on early childhood literacy. Barbara Lukas, Family Learning Coordinator from WMHT shared information on WMHT’s Ready to Learn Service, programs designed mainly for parents in a variety of situations and for diverse populations.  The program focuses on helping parents better direct their children’s early literacy training.

Sandra Feinberg, Director of the Middle Country Public Library, and Founder of the Parent/Child Workshop presented on a variety of services available through the Middle Country Public Library that help parents and caregivers encourage emergent and early literacy and other school readiness skills in their children from birth to age 5. 

 

Closing Remarks

 

Regent Dawson thanked Chris Ward for stepping in as Interim Deputy Commissioner and doing a great job. He also thanked all OCE staff who backfilled and provided support to ensure a smooth transition.

REGENTS COMMITTEE ON CULTURAL EDUCATION TRUSTEE MEETING

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

Your Committee on Cultural Education meeting in its role as Trustees of SED’s cultural institutions had its scheduled meeting on February 13, 2007 on the 11th floor of the Cultural Education Center.  Regents Dawson, Phillips, Tilles and Brooks Hopkins were in attendance.

ITEMS FOR DISCUSSION

Regents Trusteeship Role

Regent Dawson led a discussion on the Regents’ Governance Statement and its implications for the Board in its trusteeship role for the Museum, Archives and Library.  In its capacity as Trustees, Board members are responsible to the citizens of New York for the collections in the Museum, Library and Archives.  Because the Board is appointed by the legislature, it is in a strong position to advocate for the three institutions.  Regent Dawson requested that the Committee members consider items related to stewardship for the 24-month calendar.

Cultural Education Trust Board

Acting Deputy Commissioner, Chris Ward updated your Committee on the status of appointments to the Cultural Education Trust Board.  To date that includes: Chancellor Bennett as Chair; Commissioner Mills’ appointee, Regent Karen Brooks Hopkins; and the Senate Majority Leader’s appointee, John Egan.  We are still waiting for the Assembly’s appointee and the Governor’s appointee.  The Article 7 language in the Governor’s proposed budget would allow the Chancellor to designate an appointee once the budget is passed.

Gallery Renewal

Cliff Siegfried reported that preliminary talks with Gallagher and Associates spelled out certain requirements:

• The Museum remain open during renovation

• Galleries be changed on a frequent basis, since data shows 70% of Museum visitors are repeat visitors

• Galleries connect on a national level – “New York led the nation….”

• Exhibits be rich in collections and interactives be embedded to help advance the story

• Virtual museum – exhibits must connect with the web

• Certain exhibit components will not change i.e., Longhouse, WTC exhibit, A-Train

 

There was discussion about ensuring that the galleries will be tied to the learning standards.  Staff assured your Committee that EMSC staff would be involved as well as OCE education staff who are firmly grounded in the standards.

There was discussion about the efficacy of keeping the Museum open during renovations, resulting in agreement that the facility would remain open.

 

Collection Storage and Research Facility

 

              Chris Ward reported that the proposed Executive budget includes sixty million in capital bonded dollars for the facility.  Funds cannot be expended until the CE Trust Board is in place and the budget passed.  In the interim, however, staff are moving ahead on planning activities.  Chris noted that preparation of collections must begin right away and will cost approximately $1.1 million in 2007/08.  OCE will request these funds in next year’s budget.  With $60 million capital funds, it will be possible to build phase one of a facility to house OCE’s most at-risk collections (Museum’s history collections, all OCE collections requiring cold storage).  George Webb reported on work with OGS to identify and select property for the facility.   He also noted the possibility of expanding the existing Records Center at the State Campus.  A Records Center component is no longer a part of the Research and Storage Facility project.  Further discussion of this issue will be taken up at the June Trustee meeting.

 

Stewardship in Contemporary Information Environments

Loretta Ebert and Kathleen Roe discussed how the concept of stewardship is changing with technology.  They noted that a very sophisticated computer infrastructure will be needed to manage the growing body of digital information and this has significant resource implications for OCE.  Regent Dawson suggested we keep this item on the agenda for the future.

 

REGENTS COMMITTEE ON HIGHER EDUCATION

AND PROFESSIONAL PRACTICE

              Your Higher Education and Professional Practice Committee held its scheduled meeting on March 20, 2007.  All members were present, except Harry Phillips III, who was excused for the public session and executive session, and Regent Arnold B. Gardner, who was present for the public session, but excused for the executive session.

ACTION ITEMS

 

Professional Discipline Cases

              Your Committee recommends that the reports of the Regents Review Committees, including rulings, findings of fact, determinations as to guilt, and recommendations, by unanimous or majority vote, contained in those reports which have been distributed to you, be accepted in 10 cases, and not be accepted in one case, as hereinafter set forth.  In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 28 consent order applications and 2 surrender applications be granted.

              In the case of Dale Hedberg, under Calendar No. 22329, we recommend that the recommendation as to the penalty to be imposed rendered by the Regents Review Committee be clarified solely insofar as the $500.00 fine recommended by the Regents Review Committee, as part of the penalty to be imposed upon the charge of which respondent was found guilty, be paid by respondent 1) 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, New York 10016-6901 and 2) within three months after the effective date of the service of the order to be issued in this matter; and that term of probation numbered 6 recommended by the Regents Review Committee be deemed deleted and term of probation numbered 7 recommended by the Regents Review Committee be deemed renumbered and substituted as term of probation numbered 6.

              In the case of AC Northern LLC, under Calendar No. 23053, we recommend that where the caption states “limited liability company” in the application for consent order, such caption statement be deemed amended and be deemed to read, in addition thereto, “which is currently registered to operate as a retail pharmacy”, and that the application for a consent order in this case, as so amended, be granted.

              In the case of Lokman Darmal, under Calendar No. 23123, we recommend that wherever the phrase “physical therapy assistant” is used in the application for a consent order such phrase be deemed corrected and be deemed to read “physical therapist assistant” and that the references in the application to the words “licensed” and “license” concerning respondent’s such profession be deemed corrected and be deemed to read “certified” and “certification”, respectively, and that the application for a consent order, as so corrected, be granted.

              In the case of Edward Ezra Levy, Dentist, under Calendar No. 22637, the report of the Regents Review Committee as to the findings of fact and determination be accepted, the recommendation as to the penalty to be imposed contained in said report not be accepted, and based upon a more serious view of respondent’s misconduct, respondent’s license to practice as a dentist in the State of New York be revoked, upon the charge of which the respondent was found guilty.

              In the case of J.D. Lawson, Dentist, under Calendar No. 22482, the report of the Regents Review Committee be accepted by a vote of five to one, with Regent Saul B. Cohen voting in opposition to the penalty in such case, and recommending a penalty of revocation of respondent’s license to practice as a dentist in the State of New York.

              These recommendations are made following the review of 41 cases involving six dentists, four registered professional nurses, five licensed practical nurses, four licensed practical nurses who are also registered professional nurses, three massage therapists, three pharmacists, two licensed master social workers, two pharmacies, one architect, one dental hygienist, one optometrist, one physical therapist, one physical therapist assistant, one podiatrist, one professional engineer, and one veterinarian.

Restoration Petitions

Voted, that the Board of Regents stay the order of revocation of the physician license of Olga Benitez for period of two years, that she be placed on probation for a period of two years under specified terms and conditions, and that upon satisfactory completion of her probationary period, her license be fully restored.  [HE&PP EXS (A) 5]

Consent Agenda Items

             

Your Committee recommends that the Board of Regents approve the proposed permission to operate in New York State for Mansfield University.  [HE&PP (CA) 1]

              Your Committee recommends that the Board of Regents approve the reappointment of Daniel J. Hogarty, Jr. to the State Teachers’ Retirement System Board.  [HE&PP (CA) 2]

Your Committee recommends that the Board of Regents repeal subdivision (f) of section 66.5 and add a new section 66.6 to the Regulations of the Commissioner of Education relating to continuing education requirements for optometrists certified to use therapeutic pharmaceutical agents.  [HE&PP (CA) 3]

Your Committee recommends that the Board of Regents approve the recommendations of the Committee on the Professions regarding Licensing Petitions.  [HE&PP (CA) 4]

Your Committee recommends that the Board of Regents approve the appointment and reappointments of members to the State Boards for the Professions, a member to the State Board for Professional Medical Conduct, and the appointment and reappointments of extended and auxiliary members to the State Boards for the Professions for Service on Licensure Disciplinary and/or Licensure Restoration and Moral Character Panels.   [HE&PP (CA) 5]

Action Items

 

              Your Committee recommends that the Board of Regents amend the master plan of The Sage Colleges in Troy and Albany, in order for the college to offer a Doctor of Education (Ed.D) degree in Educational Leadership and Doctor of Nursing Science (D.N.S) in Education and Leadership.  [HE&PP (A) 1]

MATTERS NOT REQUIRING BOARD ACTION

              Your Committee discussed several topics of interest, including:

 

• P-16 Implementation and Evaluation of the Regents Teaching Policy:  Second Annual Report on Teacher Supply and Demand.  As part of the strategies to address the teacher shortages, the second annual report on teacher workforce supply and demand was discussed by the Regents.  This report reveals the latest data on teaching positions in 2005-06 held by teachers without appropriate certification, and the improvements made since last year.  School districts and colleges told us that last year’s report, the first of its kind, was extremely informative and helpful.  In order to make the data even more relevant, it was imperative that this year’s workforce data be provided early enough to make an impact on decisions and planning for the 2007-08 school year and beyond.  The Department is continuing to implement long- and short-range strategies to address teacher shortages consistent with the Regents three aligned plans:  The Statewide Plan for Higher Education, the Revised Plan to Enhance Teacher Quality, and the P-16 Education Plan for Action.   The Regents had an extensive discussion about the data and how it can be used to advance the Department’s strategies to address the shortages of teachers and whether the data indicates the need for additional strategies.  The Regents also discussed the issues around verification of teacher data received from school districts. [HE&PP (D) 5]

 

• P-16 Implementation:  TEACH Update.  The Committee discussed the new teacher certification computer system, TEACH, and how it can be used to help address the shortage of certified teachers by:

 

 

                Staff gave a demonstration of the TEACH system which provided an overview of the system and how it enables the Department to issue certificates within one business day of application to program graduates who meet all requirements.  The Committee was informed that the data gathered from TEACH will be used regionally to update colleges, universities and school districts about teacher supply and demand in various subject areas, as well as how new program graduates are meeting the needs of the school districts in that same region.  [HE&PP (D) 4]

 

• Proposed amendments to the regulations relating to scope of practice for certified dental assistants and dental hygienists and the curriculum requirements for registration as a program leading to licensure in certified dental assisting.  The proposed amendments implement a 2006 statute that expands the scope of practice for dental assistants and dental hygienists and establish a definition of unprofessional conduct as it pertains to such practice.  [HE&PP (D) 1]

 

• Proposed amendments to the regulations relating to the execution by registered nurses on non-patient specific orders to administer HIV tests.  The proposed amendments implement a 2005 statute that establishes uniform requirements that registered nurses need to meet when executing HIV-related tests.  [HE&PP (D) 2]

 

• Proposed amendments to the rules relation to Regents Accreditation of Teacher Education Programs (RATE).  The proposed amendment clarifies existing procedures for institutions of higher education seeking accreditation through RATE.  [HE&PP (D) 3]

 

MOTION FOR ACTION BY FULL BOARD

 

              Mr. Chancellor and Colleagues:  Your Higher Education and Professional Practice Committee recommends, and I move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on March 20, 2007, copies of which have been distributed to each Regent.

 

 

 

 

Appendix I

CULTURAL EDUCATION

 

ABSOLUTE CHARTERS

ALMANZO AND LAURA INGALLS WILDER ASSOCIATION

Malone (Burke), Franklin County

A provisional charter was granted to this corporation by action of the Board of Regents on May 22, 1987 to illustrate northern New York early rural life at the actual birthplace and boyhood home of Almanzo Wilder and to make the Wilder home, which was the residence of the James Wilder Family from 1840-1875, a restored house museum.  Such provisional charter was extended by Regents action on February 21, 1991 and April 29, 1997.  The board of trustees has applied for an absolute charter.  The Office of Cultural Education recommends that the provisional charter be made absolute.

EAST FISHKILL PUBLIC LIBRARY DISTRICT

East Fishkill, Dutchess County

The board of trustees has petitioned the Board of Regents to form a corporation to operate a public library to serve the residents of the Town of East Fishkill.  The Office of Cultural Education recommends that an absolute charter in the first instance be granted.

HURLEY LIBRARY

Hurley, Ulster County

A provisional charter was granted to this corporation by action of the Board of Regents on September 13, 2002 to operate a public library to serve the residents of the Hurley library district.  The board of trustees has applied for an absolute charter.   The Office of Cultural Education recommends that the provisional charter be made absolute.

MUSEUM OF JEWISH HERITAGE: A LIVING MEMORIAL TO THE HOLOCAUST

New York City, New York County

A provisional charter was granted to this corporation by action of the Board of Regents under the corporate name "New York City Holocaust Memorial Museum" on April 27, 1984 to perpetuate the memory of the six million Jews who were murdered by Nazi Germany in the Holocaust; to commemorate the lives of the victims of the Holocaust by creating a record of Jewish life, society and culture; to teach the history and lessons of the Holocaust to future generations by conducting lectures, seminars and other educational programs and publishing articles, papers and research materials; and to acquire, build, renovate, equip, maintain and dispose of a museum, conference center, exhibition area, archives and facilities for exhibitions, scholarly research and meetings relating to the other purposes of the corporation.  Such provisional charter was amended by Regents action on May 23, 1986 to change the corporate name to "The Museum of the Jewish Heritage" and on April 22, 1988 to change the corporate name to "A Living Memorial to the Holocaust: Museum of Jewish Heritage" and extended by Regents action on June 16, 1989, April 29, 1997 and amended by Regents action on April 21, 1998 and on June 17, 2003 to revise its purposes and to change the corporate name to "Museum of Jewish Heritage: A Living Memorial to the Holocaust."  The board of trustees had applied for an absolute charter at the time of the June 2003 amendments, which request was deferred until a site visit could be scheduled.  The Office of Cultural Education now recommends that the provisional charter be made absolute.

STONE RIDGE PUBLIC LIBRARY

Stone Ridge, Ulster County

A provisional charter was granted to this corporation by action of the Board of Regents on December 15, 2000 to operate a public library to serve the residents of the Stone Ridge library district.  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

 

LOCK 52 HISTORICAL SOCIETY OF PORT BYRON

Port Byron, Cayuga County

A provisional charter was granted to this corporation by action of the Board of Regents under the corporate name “Lock Fifty-Two Historical Society of Port Byron” on July 27, 1979 to collect, classify, display, and publish materials of historical value to the community for the purpose of preserving and creating an awareness of the area’s heritage.  Such provisional charter was extended by Regents action on May 20, 1983 and July 29, 1988 and was amended by Regents action on November 20, 1992 to change the corporate name to “Lock 52 Historical Society of Port Byron.”  Such provisional charter was made absolute by Regents action on July 17, 1998.  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.

RANSOMVILLE FREE LIBRARY

Ransomville, Niagara County

 

A provisional charter was granted to this corporation by action of the Board of Regents on May 27, 1955 to operate an association library.  Such provisional charter was extended by Regents action on June 24, 1960 and made absolute on December 18, 1970.   The board of trustees has applied for an amendment to the absolute charter to define the service area of the library to be the census designated place (CDP) identified as Ransomville, New York as of the 2000 Census; to change the number of trustees from five to not less than five nor more than nine; to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3); and to designate the Commissioner of Education as the agent of the corporation for the purpose of service of process. The Office of Cultural Education recommends that the absolute charter be amended accordingly.

 

PROVISIONAL CHARTERS

 

THE NATIONAL ABOLITION HALL OF FAME AND MUSEUM

Peterboro, Madison County

The board of trustees has petitioned the Board of Regents to form a museum to establish and maintain a history museum and a hall of fame devoted to abolition of slavery and to the unfinished abolition of slavery in our country; to collect, own, hold, maintain, preserve, and make available appropriate historical objects and artifacts; to arrange, create, maintain and promote appropriate historical exhibits and displays; to establish and maintain an historical research and reference center; to promote history and original historical research; to disseminate and encourage a greater knowledge of antislavery abolitionists, their work to end slavery, and contemporary abolitionists who carry on the legacy of that struggle; to bring together those people interested in history, encourage public interest in history, sponsor historical meetings, programs and events, sponsor exhibits, and issue publications in any format; to cooperate with county and state official and historical organizations to collect and preserve materials of county wide and statewide significance;  to acquire by purchase, gift, devise, or otherwise the title to or the custody and control of historic sites and structures, and preserve and maintain such sites and structures; to encourage the suitable marking of historical places of historic interest; to collaborate with other institutions, affiliates, descendents, and scholars of honorees to tell the story of abolitionism.  The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

NORWAY HISTORICAL SOCIETY

Newport, Herkimer County

 

       The board of trustees has petitioned the Board of Regents to form a museum to maintain and preserve the History Center (formerly the Norway Baptist Church) building and grounds located at 1067 Newport Gray Road in the Town of Norway; collect and maintain historical records and artifacts of the Town of Norway; providing genealogical information and assistance to members of the public as needed; communicate the society’s work with the residents of the town and the school districts, including, but not limited to, the West Canada Valley Central School District and the Poland Central School District; maintain liaison with the Town Board of Norway concerning the activities of the Society; work cooperatively with the Kuyahoora Valley Historical Society on matters concerning local history, projects and programs.  The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

 

EXTENSION OF CHARTERS

BOMBAY HISTORICAL SOCIETY

Bombay, Franklin County

A provisional charter was granted to this corporation by action of the Board of Regents on September 20, 1996 to operate a museum and to collect, assemble, and preserve documents, artifacts, photographs and other material which illustrate the history of Bombay, Franklin County. 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.

SPRINGFIELD LIBRARY

Springfield Center, Otsego County

A provisional charter was granted to this corporation by action of the Board of Regents on April 27, 1999 to operate an association library to serve the residents of the Town of Springfield. The board of trustees has applied for an absolute charter.  The Office of Cultural Education recommends that the provisional charter be extended for a period of five years to allow the library’s board time to seek additional funds from the town’s residents for operating expenses in order to increase library services to the community and otherwise demonstrate that it can meet the requirements for an absolute charter.

CERTIFICATE OF INCORPORATION

CIVIL WAR HERITAGE FOUNDATION

Clifton Springs, Ontario County

The board of trustees has petitioned the Board of Regents to form a corporation to educate the public about the daily lives, activities and historic events of the American Civil War by representing and recreating the authentic style, manner and equipment for specific or generic individual portrayals from both Northern and Southern states, which will provide opportunities for research, study and participation by its members in historically accurate reenactments of Civil War battles to which the public is invited as spectators, with the participants and spectators paying nominal fees to participate in and witness the reenactments, all proceeds being used to defray the cost of reenactments; to participate in appropriate living history events, encampments and the reenactments and narrations of battles, campaigns, engagements, or former/informal first person impression presentations; to promote and encourage appropriate historical research, preservation, dissemination and interpretation of specific or generic individuals of the American Civil War era, and the history, lives and times of those individuals, including both military and civilians; to encourage the discovery, documentation, marking and preservation of appropriate historical sites, markers and monuments; to sponsor appropriate exhibits and displays accessible to the public; to serve the community as appropriate by participating in parades, memorial events and dedications, and to assist other community organizations in historical, military, patriotic and similar functions.  The corporation is not authorized to establish or maintain a museum, library or historical society, or to own or hold collections.  The Office of Cultural Education recommends that a certificate of incorporation be issued.

APPLICATION FOR REGENTS CONSENT TO FILE A CERTIFICATE OF ASSUMED NAME

 

MARGARET WOODBURY STRONG MUSEUM

Rochester, Monroe County

A provisional charter was granted to this corporation by action of the Board of Regents under the corporate name “Margaret Woodbury Strong Museum of Fascination” on June 21, 1968 to establish, operate and maintain a museum with its attendant buildings and properties in the Town of Pittsford, Monroe County, New York.  Such provisional charter was extended by Regents action on September 24, 1971 and June 28, 1974, amended on September 19, 1974 to change the corporate name to “Margaret Woodbury Strong Museum,” amended and extended on June 24, 1977 and extended on September 25, 1980 and made absolute by Regents action on November 18, 1983.  Such absolute charter was amended by Regents action on December 20, 2001.  The board of trustees has requested that the Board of Regents consent to the filing of a certificate of assumed name pursuant to General Business Law §130 to authorize the corporation to use the assumed name “Strong National Museum of Play.”  The Office of Cultural Education recommends that the consent of the Board of Regents to the filing of such certificate of assumed name be granted.

 

ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

 

AMENDMENT OF CHARTERS

 

ITHACA MONTESSORI PRESCHOOL

Ithaca, Tompkins County

A provisional charter was granted to this corporation by action of the Board of Regents on May 23, 1969 to operate a preschool for children from two and half to five years of age.  Such provisional charter was made absolute by Regents action on January 22, 1975 and amended by Regents action on June 12, 1997.  The board of trustees has applied for an amendment to the absolute charter to add authority for the corporation to also operate a toddler program for children from 18 months to three years of age, a kindergarten for five year olds, a grade one through six elementary school, a before and after school care program and an extended day program for children from 5 to 12 years of age, a summer program, and a day care center and to also change the corporate name to “Ithaca Montessori School.”  The Office of Nonpublic School Services recommends the absolute charter be amended accordingly.

THE MARTIN DE PORRES SCHOOL FOR EXCEPTIONAL CHILDREN

Springfield Gardens, Queens County

A provisional charter was granted to this corporation by action of the Board of Regents on December 14, 1973 to operate school for emotionally disturbed and dyslexic children.  Such provisional charter was made absolute by Regents action on December 16, 1977 and amended by Regents action on October 23, 1980 and September 13, 2002.  The board of trustees has applied for an amendment to the absolute charter to add authority for the corporation to care for and board out destitute, delinquent, abandoned, abused, neglected, runaway or dependent children. The Office of Vocational and Educational Services for Individuals with Disabilities (VESID) has been provided with an opportunity to review this action and the trustees have been advised that the granting of any amendment thereof does not constitute approval for state funding for programs and services under the jurisdiction of VESID.  The Office of Nonpublic School Services recommends the absolute charter be amended accordingly.

RAINBOW PRE-SCHOOL OF SUFFOLK COUNTY

Commack, Suffolk County

A provisional charter was granted to this corporation by action of the Board of Regents on September 21, 1984 to conduct a preschool program specifically for children with handicapping conditions from two and half to five years of age.  Such provisional charter was made absolute by Regents action on June 16, 1989.  The board of trustees has applied for an amendment to the absolute charter to change the corporate name to “Children First Preschool.” The Office of Vocational and Educational Services for Individuals with Disabilities (VESID) has been provided with an opportunity to review this action and the trustees have been advised that the granting of any amendment thereof does not constitute approval for state funding for programs and services under the jurisdiction of VESID.  The Office of Nonpublic School Services recommends that the absolute charter be amended accordingly.

 

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. The board of trustees has applied for an amendment to the provisional charter to authorize the corporation to also establish and operate day care centers within the State of New York. The Office of Nonpublic School Services recommends that the provisional charter be amended accordingly.

 

PROVISIONAL CHARTERS

 

BROOKLYN AUTISM CENTER ACADEMY

Brooklyn, Kings County

The board of trustees has petitioned the Board of Regents to form a corporation to operate a kindergarten and a grade one through grade six elementary school for autistic children, utilizing behavioral strategies to address the specific needs and challenges of autistic children.  The Office of Vocational and Educational Services for Individuals with Disabilities (VESID) has been provided with an opportunity to review this action and the trustees have been advised that the granting of a provisional charter does not constitute approval for state funding for programs and services under the jurisdiction of VESID.  The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.

THE CHILDREN’S CENTER FOR EARLY LEARNING

Brooklyn, Kings County

The board of trustees has petitioned the Board of Regents to form a corporation to operate a centerbased and homebased program for children with disabilities from birth to five years of age, a nursery school for preschool children with and without disabilities from three to five years of age, and day care centers; to promote, foster, encourage and advance research of preschool curriculums; to hold, conduct and organize meetings, discussions, conferences and forums on contemporary issues and trends in the field of special education and autism; and to disseminate information to the general public concerning special education and autism.  The Office of Vocational and Educational Services for Individuals with Disabilities (VESID) has been provided with an opportunity to review this action and the trustees have been advised that the granting of a provisional charter does not constitute approval for state funding for programs and services under the jurisdiction of VESID.  The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.

FEI TIAN ACADEMY OF THE ARTS

Cuddebackville, Orange County

The board of trustees has petitioned the Board of Regents to form a corporation with members to operate a Falun Dafa Buddhist school that provides elementary and secondary education for grades five through twelve; to provide an educational environment of learning and self-improvement to students based on the Falun Dafa Buddhist principles of truthfulness, compassion and forbearance; to offer a holistic educational program that includes academic instructions and intensive arts training to prepare students for success in life; to promote multi-cultural diversity through education of traditional Chinese arts via performances, exhibits, workshops and publications of written, audio and visual materials on different forms of media.  The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.

 

ISLAMIC LEADERSHIP SCHOOL

Bronx, Bronx County

The board of trustees has petitioned the Board of Regents to form a corporation to operate a grades one through twelve school.  The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.

LAKESIDE PRESCHOOL

Essex, Essex County

The board of trustees has petitioned the Board of Regents to form a corporation to operate a nursery school for preschool for preschool children from three to five years of age (no individual children under the age of six will be in attendance for more than three hours a day); to organize community educational events on topics related to raising children; and to organize community choral and theatrical events for and with preschool-aged-children.  The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.

 

RESTATEMENT  OF CHARTERS

 

LAVELLE SCHOOL FOR THE BLIND

Bronx, Bronx County

An absolute charter in the first instance was granted to this corporation by action of the Board of Regents on September 17, 1999 to assume the operation of the kindergarten through grade twelve section 4201 school for blind and blind/multiply-disabled students previously operated by a not-for-profit corporation under the same name.  The board of trustees has applied to amend and restate the charter in its entirety which will restate the corporate purposes to authorize the corporation to operate a preschool through grade 12 section 4201 school for students 3 to 21 years of age who are blind or visually impaired with additional disabilities; to operate a section 4410 preschool for students three to five years of age who are eligible for special education services due to blindness or visual impairment, pervasive developmental delays, behavior disorders, cognitive delays, and/or orthopedic impairments; to specify the trustees and their powers; substitute dissolution language to provide for distribution of the remaining assets of the corporation to the then Ordinary of the Archdiocese of New York to be held by him and by his successors in trust to manage, invest and reinvest the same, to collect the net income therefrom and in the exercise of his absolute discretion to pay or apply so much of the net income therefrom exclusively to charitable purposes restricted to people who are blind or visually impaired. This Trust shall be known as the “Lavelle Trust for the Blind;” to add language necessary to maintain tax-exempt status under Internal Revenue code §501(c)(3); to state the location of the principal office of the corporation at 3830 Paulding Avenue, Bronx, New York 10468; to designate the Commissioner of Education as the agent for the purpose of service of process.   The Office of Nonpublic School Services recommends that the charter be amended and restated accordingly.

NOTRE DAME ACADEMY OF STATEN ISLAND, INC.

Staten Island, Richmond County

A provisional charter was granted to this corporation under the corporate name “Academy of Our Lady of the Blessed Sacrament of Staten Island, N.Y., Inc.” by action of the Board of Regents on September 28, 1922 to provide instruction in elementary and secondary subjects and in such other subjects as may be prescribed or permitted by the Regents.  Such provisional charter was made absolute by Regents action on December 20, 1940 and amended on December 15, 1950 to change the corporate name to “Notre Dame Academy of Staten Island, Inc.”  The board of trustees has applied to amend and restate the charter in its entirety to: specify the name of the corporate is Notre Dame Academy of Staten Island; specify the purpose of the  corporation is to conduct an elementary and secondary school in Staten Island, New York; specify the trustees, the number of trustees and their appointment by the Leadership team of the Leadership Team of the Congregation de Notre Dame, or its successors; specify the corporation is a membership corporation whose members consist of the Provincial Administration of Blessed Sacrament Province of the Congregation de Notre Dame, or its successors; specify the reserved powers of the members of the corporation; substitute dissolution language to state distribution of the remaining assets of the corporation to the Blessed Sacrament Province of the Congregation de Notre Dame, or its successor, a Roman Catholic religious order, for its educational and charitable purposes; to add language necessary to maintain tax-exempt status under Internal Revenue code §501(c)(3); specify the location of the principal office of the corporation as 74-134 Howard Avenue, Staten Island, New York 10301; and  designate the Commissioner of Education as the agent for the purpose of service of process.   The Office of Nonpublic School Services recommends that the charter be amended and restated accordingly.

VILLA MARIA ACADEMY, INC.

Bronx, Bronx County

A provisional charter was granted to this corporation by action of the Board of Regents on December 13, 1922 to operate an elementary school.  Such provisional charter was made absolute by Regents action on February 21, 1941. The board of trustees has applied to amend and restate the charter in its entirety to: specify the name of the corporation is Villa Maria Academy, Inc.; specify the purpose of the corporation is to operate a Catholic elementary school grades Pre-K through eight in Bronx County, New York; to specify the trustees and their appointment by the Leadership Team of the Congregation de Notre Dame, or its successors; specify that this is a membership corporation, whose members shall be the Provincial Administration of Blessed Sacrament Province of the Congregation de Notre Dame, or its successors; specify the reserved powers of the members of the corporation; substitute dissolution language to provide for distribution of the remaining assets of the corporation to the Blessed Sacrament Province of the Congregation de Notre Dame, or its successor, a Roman Catholic religious order, for its educational and charitable purposes;  add language necessary to maintain tax-exempt status under Internal Revenue code §501(c)(3); specify the principal office of the corporation at 3335 Country Club Road, Bronx, New York 10465; and designate the Commissioner of Education as the agent for the purpose of service of process.   The Office of Nonpublic School Services recommends that the charter be amended and restated accordingly.

ORDER OF CONSOLIDATION

 

THE CHILDREN’S CENTER FOR EARLY LEARNING AND THE CHILDREN’S CENTER FOR EARLY LEARNING, INC.

Brooklyn, Kings County

The board of trustees and the board of directors have petitioned the Board of Regents, pursuant to Education Law §223, for an order of consolidation of The Children’s Center for Early Learning and The Children’s Center for Early Learning, Inc.  The Children’s Center for Early Learning has petitioned the Board of Regents for a provisional charter.  The Children’s Center for Early Learning, Inc. was incorporated under §402 of the Not-For-Profit Corporation Law (NFP) on August 8, 1995. Upon the effective date of the consolidation of The Children’s Center for Early Learning and The Children’s Center for Early Learning, Inc., The Children’s Center for Early Learning, the surviving corporation, will assume all the assets, liabilities and responsibilities of both organizations.  The consolidated corporation will operate under the provisional charter granted to The Children’s Center for Early Learning. The Office of Vocational and Educational Services for Individuals with Disabilities (VESID) has been provided with an opportunity to review this action and the trustees have been advised that the granting of a provisional charter does not constitute approval for state funding for programs and services under the jurisdiction of VESID.  The Office of Nonpublic School Services recommends that an order of consolidation of The Children’s Center for Early Learning and The Children’s Center for Early Learning, Inc. be granted, forming The Children’s Center for Early Learning.

DISSOLUTION OF CHARTER

 

BRIGHT BEGINNINGS EARLY LEARNING CENTER

Port Jefferson Station, Suffolk County

A provisional charter was granted to this corporation by action of the Board of Regents on November 14, 2003 to operate a preschool for children from three to five years of age.   The board of trustees has petitioned the Board of Regents for the dissolution of the charter. The school is no longer in operation and all taxes payable by the corporation have been paid.  The corporation has no remaining assets or student records for disposition.  The Office of Nonpublic School Services recommends that the provisional charter of Bright Beginnings Early Learning Center be dissolved.

APPLICATION FOR REGENTS CONSENT TO FILE A CERTIFICATE OF ASSUMED NAME

ANDERSON CENTER FOR AUTISM

Hyde Park, Dutchess County

A provisional charter was granted to this corporation under the corporate name “Anderson School” by action of the Board of Regents on January 25, 1978 to conduct and operate a private secondary school for pupils in grades 7 through 12.  Such provisional charter was amended by Regents action on January 24, 1979 and June 21, 1979 and was made absolute by Regents action on September 25, 1981.  Such absolute charter was amended by Regents action on April 26, 1985, July 22, 1986, November 9, 2001 and amended on September 11, 2006 to change the corporate name to “Anderson Center for Autism.”  The board of trustees has requested that the Board of Regents consent to the filing of a certificate of assumed name pursuant to General Business Law §130 to authorize the corporation to use the assumed names “Anderson Children’s Services,” “Anderson Adult Services,” “Anderson Center Consulting Services,” and “Anderson School.”  The Office of Nonpublic School Services recommends that the consent of the Board of Regents to the filing of such certificates of assumed names be granted.

 

 

HIGHER AND PROFESSIONAL EDUCATION

 

AMENDMENT OF CHARTER

 

HOFSTRA UNIVERSITY

Hempstead, Nassau County

A provisional charter was granted to this corporation by action of the Board of Regents under the corporate name “Hofstra College” on January 16, 1937 to operate a college for men and women.  Such provisional charter was made absolute by Regents action on February 16, 1940.  Such absolute charter was amended by Regents action on May 16, 1947, June 17, 1949, September 15, 1950, March 1, 1963 to change the corporate name to “Hofstra University;” March 26, 1965, September 22, 1966, March 31, 1967, February 23, 1968, October 24, 1969, February 27, 1970, June 29, 1973, September 22, 1978, October 23, 1981, January 21, 1987, December 21, 1990, April 15, 1994,  December 16, 1994, February 3, 1999, June 13, 2000, February 23, 2004 and July 21, 2004.  The board of trustees has applied for an amendment to the absolute charter to add authority for the corporation to confer the degree of Master of Fine Arts (M.F.A.). The Office of Higher Education recommends that the absolute charter be amended accordingly.

APPLICATION FOR REGENTS CONSENT TO FILE A CERTIFICATE OF ASSUMED NAME

 

TRAINING INSTITUTE OF THE NATIONAL PSYCHOLOGICAL ASSOCIATION FOR PSYCHOANALYSIS

New York City, New York County

A provisional charter was granted to this corporation by action of the Board of Regents on February 23, 1962 to establish and maintain an institution of learning for the instruction of students in the theory and practice of psychoanalysis.  Such provisional charter was made absolute by Regents action on February 24, 1967.  The board of trustees has requested that the Board of Regents consent to the filing of certificates of assumed name pursuant to General Business Law §130 to authorize the corporation to use the assumed names “Theodor Reik Clinical Center for Psychotherapy (TRCC)”  and “212ANALYST.”  The Office of Professions recommends that the consent of the Board of Regents to the filing of such certificates of assumed names be granted.                                                                                                        

 

 

Appendix II

REGENTS ACTIONS IN 44 PROFESSIONAL DISCIPLINE CASES

AND 1 RESTORATION PETITION

 

March 19-20, 2007

              The Board of Regents announced disciplinary actions resulting in the revocation of 1 license, 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 1 restoration petition.

 

I. REVOCATION AND SURRENDERS

 

Dentistry

              Edward Ezra Levy; Dentist; 108-34  67th Avenue, Forest Hills, NY 11375; Lic. No. 045812; Cal. No. 22637; Found guilty of professional misconduct; Penalty: Revocation.

Nursing

 

              Sherry K. Carroll; Licensed Practical Nurse; 284 Ridgedale Circle, Rochester, NY 14616; Lic. No. 263689; Cal. No. 23227; Application to surrender license granted.  Summary: Licensee admitted to charges of failing to report seven criminal convictions on her application for licensure as a licensed practical nurse and of having been convicted of Petit Larceny.

              Dorothy McPherson Humphrey; Registered Professional Nurse; 202 Fallenwood Avenue, Durham, NC 27713; Lic. No. 209338; Cal. No. 23236; Application to surrender license granted.  Summary: Licensee admitted to the charge of having been convicted of Attempted Falsifying Business Records in the 1st Degree.

 

 

II. OTHER REGENTS DISCIPLINARY ACTIONS

Architecture

 

              David A. Graham; 1525 Baptist Church Road, Yorktown Heights, NY 10598; Lic. No. 016976; Cal. No. 23225; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $2,500 fine.

Dentistry

 

              Luz Marina Zelaya; Dental Hygienist; 53 West 72nd Street, New York, NY 10023; Lic. No. 017217; Cal. No. 20839; Found guilty of professional misconduct; Penalty: $3,000 fine, pursue certain coursework as set forth in Regents Review Committee report, probation 3 years.

              J.D. Lawson; Dentist; 2313 East Lake Road, Skaneateles, NY 13152; Lic. No. 033514; Cal. No. 22482; Found guilty of professional misconduct; Penalty: 3 year suspension, execution of last 2 years of suspension stayed, pursue certain coursework as set forth in Regents Review Committee report, probation 3 years, $5,000 fine.

              Feliciano Antonio Espaillat; Dentist; 19 Foster Avenue, Valley Stream, NY 11580; Lic. No. 048323; Cal. No. 22873; Found guilty of professional misconduct; Penalty: 36 months suspension, execution of last 24 months of suspension stayed, $2,500 fine.

              Enrique Guillen; Dentist; 759  4th Avenue, Brooklyn, NY 11232; Lic. No. 045832; Cal. No. 22776; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $5,000 fine.

              Frank A. Bosco; Dentist; 1055 Sawmill River Road, Ardsley, NY 10502; Lic. No. 037380; Cal. No. 23034; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $2,000 fine.

              Irlene Antunes Siegel; Dentist; 245 Mineola Boulevard, Mineola, NY 11501; Lic. No. 043252; Cal. No. 23118; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $3,000 fine.

Engineering and Land Surveying

 

              Michael A. Ruditser; Professional Engineer; 2734 Covered Bridge Road, Merrick, NY 11566; Lic. No. 059587; Cal. No. 22947; Application for consent order granted; Penalty agreed upon: 2 year actual suspension, thereafter 2 years probation, $2,500 fine.

 Massage Therapy

 

              Roy Paiva; 93 Jefferson Road, Farmingdale, NY 11735; Lic. No. 010870; Cal. No. 23086; 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 3 years probation upon return to practice.

              Lokman Darmal; 215-29  48th Avenue, Bayside, NY 11364; Lic. No. 013272; Cal. No. 23122; Application for consent order granted; Penalty agreed upon: 1 year actual suspension, 1 year stayed suspension, 2 years probation.

 

              Kelly Anne Connolly; 295 Harwick Road, Rochester, NY 14609; Lic. No. 010066; Cal. No. 23183; 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.

Nursing

 

              Dale Hedberg; Registered Professional Nurse; P.O. Box 368, Breese, IL 62230; Lic. No. 343875; Cal. No. 22329; Found guilty of professional misconduct; Penalty: 2 year suspension, execution of last 18 months of suspension stayed, probation 2 years to commence upon return to practice in State of New York, $500 fine.

              Lorraine McFadden; Licensed Practical Nurse; 41 St. Stephens Place, Buffalo, NY 14210; Lic. No. 251181; Cal. No. 23094; Application for consent order granted; Penalty agreed upon: 4 month actual suspension, 8 month stayed suspension, 12 months probation to commence upon return to practice, 25 hours public service.

              Pauline Elizabeth George a/k/a Pauline Elizabeth Best; Licensed Practical Nurse, Registered Professional Nurse; 191-49  115th Avenue, St. Albans, NY 11412; Lic. Nos. 196256, 406712; Cal. Nos. 23099, 23100; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $5,000 fine.

              Antoinette Peruggia; Registered Professional Nurse; 237 East Belle Terre Avenue,  Lindenhurst, NY 11757; Lic. No. 498588; Cal. No. 23108; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

              Nancy Arnold; Licensed Practical Nurse; 430 Grove Road, Southold, NY 11971; Lic. No. 240836; Cal. No. 23112; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation to commence upon return to practice, $250 fine.

              Trudy Vosper a/k/a Trudy Zotto; Licensed Practical Nurse, Registered Professional Nurse; 128 Hallock Landing Road, Rocky Point, NY 11778; Lic. Nos. 203509, 417484; Cal. Nos. 23117, 23116; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation, 100 hours public service.

 

              Aisha Montrina Jennings; Licensed Practical Nurse; P.O. Box 4020, Schenectady, NY 12304; Lic. No. 252359; Cal. No. 23127; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $250 fine.

              Todd Arthur Scott; Licensed Practical Nurse, Registered Professional Nurse; 7356 Bear Ridge Road, North Tonawanda, NY 14120; Lic. Nos. 212131, 436461; Cal. Nos. 23140, 23139; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

              Brenda M. Hollenbeck a/k/a Kaner; Registered Professional Nurse; 3108 Skyline Drive, Penn Yan, NY 14527-8910; Lic. No. 370125; Cal. No. 23150; 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.

Optometry

 

              Gurpreet Leekha; 2533 Ashurst Avenue, Coquitlam, British Columbia V3K 5T6, Canada; Lic. No. 006384; Cal. No. 23083; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation to commence if and when return to practice in the State of New York, $5,000 fine.

Pharmacy

 

              Christine K. Oare; Pharmacist; 281 South Shore Peck Lake, Gloversville, NY 12078; Lic. No. 028403; Cal. No. 22998; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice – upon termination of suspension 2 years probation to commence upon return to practice, $500 fine.

              Ki Julia Park; Pharmacist; 2 Brick Court, Tenafly, NJ 07670; Lic. No. 041294; Cal. No. 23052; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $5,000 fine.

              AC Northern LLC; Retail Pharmacy; 154-16 Northern Boulevard, Flushing, NY 11354; Reg. No. 027294; Cal. No. 23053; Application for consent order granted; Penalty agreed upon: $5,000 fine, 2 years probation.

              Wei Loon Lee; Pharmacist; 54 Hirsch Lane, Staten Island, NY 10314; Lic. No. 044478; Cal. No. 23060; Application for consent order granted; Penalty agreed upon: 6 month actual suspension, 18 month stayed suspension, 2 years probation, $10,000 fine.

              All Health Pharmacy Corp.; Retail Pharmacy; 118 Mott Street, New York, NY 10013; Reg. No. 025350; Cal. No. 23061; Application for consent order granted; Penalty agreed upon: $10,000 fine, 2 years probation.

Physical Therapy

              Edmund De Castro Oliveros; Physical Therapist; 1 Old Mamaroneck Road, White Plains, NY 10605; Lic. No. 015969; Cal. No. 22875; Found guilty of professional misconduct; Penalty: 12 month suspension, execution of last 9 months of suspension stayed.

              Lokman Darmal; Physical Therapist Assistant; 215-29  48th Avenue, Bayside, NY 11364; Cert. No. 001875; Cal. No. 23123; Application for consent order granted; Penalty agreed upon: 1 year actual suspension, 1 year stayed suspension, 2 years probation.

Social Work

 

              Lydia A. Galarza; Licensed Master Social Worker; 235 Seaman Avenue, New York, NY 10034-1286; Lic. No. 028060; Cal. No. 23023; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $1,000 fine.

              Geanette Casandra Gabriel; Licensed Master Social Worker; 2510 Wilson Avenue, Bronx, NY 10469; Lic. No. 067082; Cal. No. 23224; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice, upon termination of suspension 2 years probation.

 

III. RESTORATIONS

 

The Board of Regents voted on March 20, 2007 to stay the order of revocation of the physician license of Olga Benitez, 77 Newcomb Road, Tenafly, NJ 07676, for two years, place her on probation for two years under specified terms and conditions, and upon satisfactory completion of the probationary period, fully restore her license. Dr. Benitez’ license was originally revoked effective July 27, 1999.