0607summary

 

 

 

 

 

SUMMARY OF THE JUNE MEETING

OF THE BOARD OF REGENTS

OF

 

THE UNIVERSITY OF THE STATE OF NEW YORK

 

 

Held at the State Education Building

Albany, New York

 

June 25 and 26, 2007

 

 

David Johnson, 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, June 25, at 9:45 a.m. and Tuesday, June 26, at 11:15 a.m. pursuant to a call duly sent to each Regent.

MEETING OF THE FULL BOARD, Monday, June 25, 9:45 a.m.

 

Board Members in Attendance:

Robert M. Bennett, Chancellor

Merryl H. Tisch, Vice Chancellor

Saul B. Cohen

James C. Dawson

Anthony S. Bottar

Geraldine D. Chapey

Harry Phillips, 3rd

Joseph E. Bowman, Jr.

James R. Tallon, Jr.

Milton L. Cofield

Roger B. Tilles

Karen Brooks Hopkins

Natalie M. Gomez-Velez

Charles R. Bendit

              Also present were the Acting Commissioner of Education, Kathy Ahearn, Acting Counsel, Erin O’Grady-Parent, and the Secretary, Board of Regents, David Johnson.  Regent Arnold B. Gardner was absent and excused.

              Chancellor Robert M. Bennett called the meeting to order at 9:45 a.m.

 

ACTION ITEMS

Executive Session Motion

              MOVED, that the Board of Regents convene in Executive Session on Monday, June 25, at 6:15 p.m. for the purpose of discussing pending litigation and personnel matters.

              Motion by:              Vice Chancellor Merryl H. Tisch

              Seconded by:           Regent Milton L. Cofield

              Action:                     Motion carried unanimously

Charter Applications for June 2007

BR (A) 1

              MOVED, that the Regents approve each application in accordance with the recommendations contained in the respective summaries.

              Motion by:               Regent Anthony S. Bottar

              Seconded by:           Regent Joseph E. Bowman, Jr.

              Action:                     Motion carried unanimously

Summary of the May 2007 Meeting

BR (A) 2

              MOVED, that the Summary of the May 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 Joseph E. Bowman, Jr.

              Action:                     Motion carried unanimously

   

June 2007 Regulatory Agenda

BR (A) 4

              Section 202-d of the State Administrative Procedure Act (SAPA) requires that the State Education Department publish each year, a regulatory agenda in the first January issue, and in the last June issue, of the State Register.

              The June 2007 regulatory agenda is a list and brief description of the subject matter of each rule the Department is considering proposing during the remainder of 2007, but has not yet submitted a Notice of Proposed Rule Making.

              MOVED, that the June 2007 Regulatory Agenda will be published in the State Register on June 27, 2007.

              Motion by:               Regent Milton L. Cofield

              Seconded by:           Regent Joseph E. Bowman, Jr.

              Action:                     Motion carried unanimously

 
DISCUSSION ITEMS

Acting Commissioner’s Report to the Board

              The Acting Commissioner’s written monthly report focused on nine subject areas: Students with Disabilities; Contracts for Excellence; Ability-to-Benefit Tests; Student Lending Accountability, Transparency and Enforcement Act (SLATE); Institutional Accreditation; Parent and Family Partnerships; 2008 Legislative and 2008-09 Budget Proposals; Roosevelt; and, Trusteeship Committee Meeting.

Results for Students and Individuals with Disabilities – 2005-2006 and 2006-07

BR (D) 2

              The Board received a report on the academic achievement of students with disabilities for the 2005-2006 and 2006-2007 school years and data on participation in institutions of higher learning.

              The data was presented in categories: classification/disproportionality; placement/least restrictive environment; suspension; ELA and math results; English language learners; Regents examinations; exiting data – graduation and dropouts; adequate yearly progress (AYP); and, higher education.  Also included is a discussion of actions taken to address the results.

              In discussion, Board members commented that there may be value in comparing the data to results in similar demographic states, consider disaggregating data on ELL students for the first-third year, determine relevance of tracking certain individual diagnosed disabilities, determine in-state versus out-of-state college going rate, and measure length of student classifications.

Review of Existing Rules (2002) Notice of Continuation Without Modification

BR (A) 3
 

              The Board was informed that the Review of Existing Rules - Notice of Continuation Without Modification will be published in the State Register on June 27, 2007.

Status Report on Roosevelt Union Free School District

BR (I) 2

              The Board received a monthly report updating the status of key issues at the Roosevelt Union Free School  District.

              Senior Deputy Commissioner Johanna Duncan-Poitier led the discussion, focusing on preparations for the 2007-08 school year, status of the selection of a superintendent, activities of the board of education, and fiscal stability.

   

 

MEETING OF THE FULL BOARD, Tuesday, June 26, 11:45 a.m.

 

Board Members in Attendance:

Robert M. Bennett, Chancellor

Merryl H. Tisch, Vice Chancellor

Saul B. Cohen

James C. Dawson

Anthony S. Bottar

Geraldine D. Chapey

Harry Phillips, 3rd

Joseph E. Bowman, Jr.

James R. Tallon, Jr.

Milton L. Cofield

Roger B. Tilles

Natalie M. Gomez-Velez

              Also present were the Acting Commissioner of Education, Kathy Ahearn, Acting Counsel Erin O’Grady-Parent and the Secretary, Board of Regents, David Johnson.  Regents Arnold B. Gardner, Karen Brooks Hopkins and Charles R. Bendit were absent and excused.

              Chancellor Robert M. Bennett called the meeting to order at 11:45 a.m.

 

ACTION ITEMS

 
State  Education
Department May 2007 Fiscal Report

BR (A) 5

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

              General fund and federal accounts are in structural balance.

              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 May 2007 State Education Department Fiscal Report as presented.

              Motion by:               Regent Milton L. Cofield

              Seconded by:           Regent Joseph E. Bowman, Jr.

              Action:                      Motion carried unanimously

Appointment to the Position of Acting Executive Secretary, State Board for Medicine, Athletic Trainers Committee, Medical Physics Committee, State Board for Dietetics and Nutrition, and State Board for Veterinary Medicine

BR (A) 6

              MOVED, that the Board of Regents approve the appointment of Walter Ramos as Acting Executive Secretary to the State Board for Medicine, Athletic Trainers Committee, Medical Physics Committee, State Board for Dietetics and Nutrition, and State Board for Veterinary Medicine, effective immediately.  

              Motion by:               Regent Milton L. Cofield

              Seconded by:           Regent Harry Phillips, 3rd

              Action:                     Motion carried unanimously

2008 NASBE Board of Directors Elections

              The Board received background information on candidates seeking election to the offices of President-elect, Secretary-Treasurer and Northeastern Area Director for the 2008 NASBE Board of Directors.  Regent James C. Dawson led the election discussion.

              MOVED, that the Board of Regents abstain from casting a ballot for the office of President-elect of NASBE.

              MOVED, that the Board of Regents cast a ballot for Mr. Greg W. Haws, a member of the Utah State Board of Education, for the office of Secretary-Treasurer of NASBE.

              MOVED, that the Board of Regents cast a ballot for Mr. Allan Taylor, a member of the Connecticut State Board of Education, for the office of Northeastern Area Director of NASBE.

              Motion by:               Regent James C. Dawson

              Seconded by:           Regent Harry Phillips, 3rd

              Action:                     Motion carried unanimously

DISCUSSION ITEMS

Renewal of Recognition of the Board of Regents as a Nationally Recognized Accrediting Agency

BR (D) 1

              The Board received an update on its petition to the U.S. Secretary of Education for renewal of recognition of the Regents and the Commissioner of Education as a national accrediting agency.

              On January 8, 2007, the Department submitted an application to the U.S. Department of Education seeking renewal of the Secretary’s recognition of the Board of Regents, with review and recommendations by the National Advisory Committee on Institutional Quality and Integrity (NACIQI) on May 30, 2007.

              Supporting the U.S. Department of Education staff recommendation, NACIQI voted unanimously to recommend renewal of recognition of the Regents and the Commissioner as a national accrediting agency for a period of five years, the maximum term of recognition.  Department staff are confident the Secretary will accept the recommendation of NACIQI, approving the five year renewal.

 

MISCELLANEOUS

Emlyn
I. Griffith Scholarship Award

              The Emlyn I. Griffith Scholarship is awarded annually to a son or daughter of a State Education Department employee through an endowment established by Regent Emeritus Emlyn I. Griffith and his wife, Mary.  The scholarship recognizes a young adult for involvement in community service, time and energy devoted to charities, religious organizations, civic groups and community service projects.

         

              The 2007 recipient of the scholarship award in the amount of $500 is Ms. Whitney Washousky.

Chancellor McGovern Scholarship

              Each year the Board of Regents awards scholarships in the amount of $500 from the Chancellor McGovern Trust Fund.  Former Chancellor Joseph McGovern established this fund in honor of the employees of the The University of the State of New York (USNY) and the State Education Department.  The recipients, who are children of USNY and Department employees who plan to obtain a postsecondary education, are selected on the basis of character, achievement and financial need.

     

              This year scholarships in the amount of $500 were awarded to Ms. Rebecca Pleat and Mr. Peter Runfola.

Margaret Snow VanderVeer Memorial Scholarship

              Each year the Board of Regents awards a college scholarship from the Margaret Snow VanderVeer Trust Fund to the daughter or son of a State Education Department employee.  Chancellor Albert VanderVeer, a Regent from 1895-1927, made his bequest in gratitude to the staff of the State Education Department in honor of his wife, for whom the fund is named.

              This year the $350 award was presented to Ms. Julianna Dainotto.

STANDING COMMITTEE REPORTS

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

              Motion by:               Regent Anthony S. Bottar

              Seconded by:           Regent Joseph E. Bowman, Jr.

              Action:                     Motion carried unanimously

 

THE REGENTS SUBCOMMITTEE ON AUDITS

The Regents Subcommittee on Audits met on June 25, 2007.

The meeting was devoted to two major topics: the Department’s internal control process and annual certification, and the presentation of audit reports.

Staff from the Office of Audit Services described the Department’s internal control system. The Department has developed a self assessment process whereby managers identify each office’s goals and objectives and their key functions, processes and service activities. For each function, the managers are then expected to do an assessment of the internal control system supporting the function.

The assessment involves identifying for each function or activity, what can go wrong to prevent the accomplishment of goals, and the likelihood and consequences of it happening. The assessment then asks managers to identify the procedures in place to reduce the risk of objectives and activities not being accomplished.

The Commissioner annually certifies to the Division of Budget that the Department has met its internal control responsibilities. Department staff are reviewing current procedures to identify opportunities to strengthen the internal control process.

Twenty-nine audits were presented to the Subcommittee, all conducted by the Office of the State Comptroller. Staff from the Comptroller’s office described the basic findings contained in the Regents Examination Security audit. The report evaluated 235 schools, and 41 of them were not fully complying with the requirements for the storage and unsealing of the examination materials. It was found that 16 of those schools were storing their examination materials in unapproved locations, some of which were clearly not secure, and 11 schools had opened sealed packages of examination materials before the allowed time.

The Subcommittee discussed the reliability of examination scoring. Department staff, Jean Stevens and David Abrams, described the processes used to provide assurance on the reliability of test scores. They also provided updated information on the physical security of Regents examination in response to the recently released Comptroller’s audit.

The Subcommittee also discussed the Roslyn Union Free School District school district audit of Capital Projects. Staff advised the members that there would be follow-up on the question of unsupported expenses.

The remaining school district and BOCES audits identify findings in the areas of procurement, capital assets, capital construction, claims processing, payroll, cash, financial reporting, information technology, extra-classroom activity funds, and budgeting.

The following audits were presented for review.

Office of the State Comptroller

State Education Department Security Over Regents Examinations

Reimbursement to Nonpublic Schools for State Mandated Services      

              Broome-Tioga BOCES

              Madison-Oneida BOCES

              Roslyn Union Free School District

              Whitney Point Central School District

              Southold Union Free School District

              Wynantskill Union Free School District

              East Moriches Union Free School District

              Elba Central School District

              Edinburg Common School District

              Gilboa-Conesville Central School District

              Oriskany Central School District

              Germantown Central School District

              Penfield Central School District

              Newark Central School District

              Smithtown Central School District

              Warwick Valley Central School District

              Warrensburg Central School District

              Berne-Knox-Westerlo Central School District

              Commack Union Free School District

              Cheektowaga-Sloan Union Free School District

              Malone Central School District

              South Seneca Central School District

              Northern Adirondack Central School District

              Stillwater Central School District

              Campbell-Savona Central School District

              Fabius-Pompey Central School District

              Greater Amsterdam 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 June 25, 2007.  All members were present.

ACTION ITEMS

Charter Schools

• Your Committee recommends approval of the revision to the first renewal charter of the Charter School for Applied Technologies, and that the provisional charter be amended accordingly.  [EMSC-VESID (CA) 5]

• Your Committee recommends that no action be taken on the issuance of the second renewal charter of the International Charter School of Schenectady as proposed by the Trustees of the State University of New York nuncpro tunc to April 4, 2007, and the extension of its provisional charter for a term ending on July 31, 2008.  [EMSC-VESID (A) 2]

The Committee voted unanimously to not take action on the second renewal charter.

Regulations

• Your Committee recommends that subdivision (f) of section 175.5 of the Regulations of the Commissioner of Education relating to the use of superintendents’ conference days be amended as submitted, effective July 19, 2007.  [EMSC-VESID (CA) 4]

• Your Committee recommends that the title of Part 154 of the Regulations of the Commissioner of Education and paragraph (1) of subdivision (d) of section 154.2 of the Commissioner's Regulations be amended, that sections 154.3 and 154.4 be repealed, and that a new section 154.3 be added, as submitted, effective June 29, 2007, as an emergency action in order to immediately establish requirements for the development of comprehensive plans for pupils with limited English proficiency by school districts pursuant to Education Law section 3204, as amended by Chapter 57 of the Laws of 2007, and to otherwise conform Part 154 of the Commissioner's Regulations to the statute, so that school districts may timely prepare and implement such plans for the 2007-2008 school year pursuant to statutory requirements.  [EMSC-VESID (A) 1]

• Your Committee recommends that a new subdivision (ii) be added to section 100.2 of the Regulations of the Commissioner of Education; that subdivision (a) of section 120.6 be amended; that subdivisions (m),(p),(s), (ii), (nn), (qq), (ss), (zz), (bbb), (eee), (fff), of section 200.1 of the Regulations of the Commissioner of Education be amended and a new subdivision (nnn) be added to section 200.1; that section 200.2 be amended; that subparagraph (v) of paragraph (2) of subdivision (c) and subdivision (d) of section 200.3 be amended; that section 200.4 be amended; that section 200.5 be amended as revised; that section 200.6 be amended; that paragraph (3) of subdivision (b) of section 200.7 be amended; that paragraph (2) of subdivision (c) of section 200.8 be amended; that clause (c) of subparagraph (ix) of paragraph (2) of subdivision (f) of section 200.9 be amended; that subdivisions (a) and (b) of section 200.13 be amended; that subdivision (f) of section 200.14 be amended; that subparagraph (iv) of paragraph (1) of subdivision (b), paragraph (3) of subdivision (d), subparagraph (i) of paragraph (2), paragraphs (3) and (9) of subdivision (h) and subdivision (i) of section 200.16 be amended; that  paragraph (3) of subdivision (b) of section 200.22 be amended; that subdivisions (e), (i), (k) and (n) of section 201.2 be amended; that section 201.3 be repealed and a new section 201.3 be added; that subdivisions (d) and (e) of section 201.4 be amended; that subdivision (a) and paragraph (3) of subdivision (b) of section 201.5 be amended; that subdivision (b) of section 201.6 be amended; that subparagraph (i) of paragraph (1) of subdivision (e) and subdivision (f) of section 201.7 be amended; that section 201.8 be amended; that paragraph (2) of subdivision (c) of section 201.9 be amended; that subdivision (e) of section 201.10 be repealed and subdivisions (a), (c) and (d) of section 201.10 be amended; and that section 201.11 of the Regulations of the Commissioner of Education be amended, as submitted, effective July 1, 2007, as an emergency action in order to immediately conform the Commissioner's Regulations regarding the provision of special education services to the requirements of the Individuals with Disabilities Education Act (IDEA 2004), as amended by Public Law 108-446, and Part 300 of Title 34 of the Code of Federal Regulations, so that such requirements may be timely implemented during the 2007-08 school year, and thereby ensure the rights of students with disabilities and their parents consistent with Federal and State statutes and ensure compliance with requirements for receipt of Federal funds.  [EMSC-VESID (A) 4]

Section 200.5 was revised to delete subparagraph (iii) of paragraph (4) of subdivision (i) of section 200.5, relating to settlement agreements.  The Committee asked for more clarification on the rationale for this provision.

• Your Committee recommends that section 100.13 of the Regulations of the Commissioner be added as revised and that paragraph (1) of subdivision (e) of section 170.12 be amended as submitted, effective July 26, 2007, as an emergency action in order to ensure that the emergency rule relating to contracts for excellence adopted at the April Regents meeting remains continuously in effect until the effective date of its adoption as a permanent rule.  [EMSC-VESID (A) 5]

Section 100.13 (c)(2) was revised to add the criteria for the Commissioner’s approval of allowable programs selected by districts.  The Committee had an extensive discussion and requested the following:

The public comment period on the emergency regulation adopted in April will conclude on July 2.  At the July meeting, staff will submit revised language based on the suggestions of the Committee and on the public comment received.  Staff will keep the public and contract for excellence districts informed on the anticipated changes in the regulation and the Committee’s Co-chairs will review the communication to ensure it reflects the Committee’s discussion.

Petitions to Exceed Constitutional Debt Limit

• Your Committee recommends giving consent to the issuance of bonds and/or bond anticipation notes by the Board of Education of the Salamanca City Central School in an amount not to exceed $24,750,000 to reconstruct, renovate, and construct additions and improvements to various district buildings and sites and the issuance of such bonds and/or bond anticipation notes in excess of the constitutional debt limit of said school district.  [EMSC-VESID (CA) 1]

• Your Committee recommends giving consent to the issuance of bonds and/or bond anticipation notes by the Board of Education of the Norwich City School District in an amount not to exceed $34,100,000 for school building additions and reconstruction and the issuance of such bonds and/or bond anticipation notes in excess of the constitutional debt limit of said school district.  [EMSC-VESID (CA) 2]

• Your Committee recommends giving consent to the issuance of bonds and/or bond anticipation notes by the Board of Education of the Stockbridge Valley Central School in an amount not to exceed $162,000 to purchase school buses, a truck and the issuance of such bonds and/or bond anticipation notes in excess of the constitutional debt limit of said school district. [EMSC-VESID (CA) 3]

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 June 26, 2007, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

Proposed amendment to section 100.3 of the Commissioner’s Regulations relating to program requirements for students in pre-kindergarten and kindergarten  [EMSC-VESID (D) 1]

Committee members were asked to submit any comments on the proposed amendment to the Senior Deputy Commissioner before the amendment is submitted for approval in September.

Implementation plan for Regents Policy Statement on Improving Student Achievement and School Performance Through Parent and Family Partnerships  [EMSC-VESID (D) 2]

              Due to time constraints, the Committee was unable to discuss the implementation plan.

Proposed amendment to Part 117 of the Commissioner’s Regulations relating to diagnostic screening of students  [EMSC-VESID (D) 3]

Committee members were asked to submit any comments on the proposed amendment to the Senior Deputy Commissioner before the amendment is submitted for approval in September.

Closing the achievement gap:  strategies for students with disabilities implemented in 2006-07 [EMSC-VESID (D) 4]

The Committee discussed the need to ensure information on effective research-based instructional practices is shared with practitioners and teacher preparation programs.

Review of budget and legislative initiatives [BR (D) 3; BR (D) 4]

Due to time constraints, Committee members were asked to submit comments on the budget priorities to Terry Savo and on legislative priorities to Diana Hinchcliff.

2005-06 Annual Report to the Governor, the Temporary President of the Senate, and the Speaker of the Assembly on the Status of Charter Schools in New York State.  [EMSC-VESID (A) 3]

    

Action on the annual report was deferred.  The Committee identified the need for more discussion on the standards for charter schools and more information concerning the level of suspensions, number of students who leave charter schools, the number of English language learners and students with disabilities in the charter schools, trend data, etc.  The Committee Co-chairs will determine with the Senior Deputy Commissioner whether the additional issues should be included in the statutorily required report to the Governor and legislative leaders or in a separate discussion report to the Board.

 

REGENTS COMMITTEE ON HIGHER EDUCATION

AND PROFESSIONAL PRACTICE

              Your Higher Education and Professional Practice Committee held its scheduled meeting on June 26, 2007.  All Committee Members were present, except Regent Arnold P. Gardner, who was excused. 

ACTION ITEMS

Professional Discipline Cases

              Your Committee recommends that the reports of the Regents Review Committees, including rulings, findings of fact, determinations as to guilt, and recommendations, by unanimous or majority vote, contained in those reports which have been distributed to you, be accepted in 6 cases.  In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 39 consent order applications and 6 surrender applications be granted.

              These recommendations are made following the review of 51 cases involving ten registered professional nurses, seven licensed practical nurses, six pharmacists, six licensed practical nurses who are also registered professional nurses, four pharmacies, three certified public accountants, two dentists, one certified dental assistant, one chiropractor, one land surveyor, one massage therapist, one optometrist, one psychologist, and one respiratory therapist.

Consent Agenda Items

              Your Committee recommends that the Board of Regents amend the master plan of SUNY College of Agriculture and Technology at Morrisville to offer a Bachelor of Science degree in Science, Technology and Society.  [HE&PP (CA) 1]

              Your Committee recommends that the Board of Regents grant Middlesex County College permission to operate in New York State. [HE&PP (CA) 2]

              Your Committee recommends that the Board of Regents transfer degree powers to Business Informatics Center, Inc.’s owner following a change in control.  [HE&PP (CA) 3]

              Your Committee recommends that the Board of Regents confer degrees upon students completing programs at Technical Career Institutes, Long Island Business Institute, Professional Business College and Taylor Business Institute.  [HE&PP (CA) 4]

              Your Committee recommends that the Board of Regents grant the new owners of Technical Career Institutes (TCI) degree-granting authority.  [HE&PP (CA) 5]

Your Committee recommends that the Board of Regents approve the recommendations of the Committee on the Professions regarding Licensing Petitions.  [HE&PP (CA) 6]

Your Committee recommends that the Board of Regents approve the appointments and reappointments of members to the State Boards for the Professions; reappointments of members to the state board for professional medical conduct; and appointments and reappointments of extended members to the State Boards for the Professions for service on licensure disciplinary and/or licensure restoration and moral character panels with one amendment, the appointment of Dr. Terri Perkins-Lewis to the  Veterinary Medicine Board was withdrawn.   [HE&PP (CA) 7]

Action Items

Your Committee recommends that the Board of Regents amend, by emergency adoption and in accordance with Chapter 57 of the Laws of 2007 (Title VII), section 150.2 and add section 150.4 to the regulations of the Commissioner of Education relating to state aid awards for high needs nursing programs at certain independent colleges and universities.  These regulations will be brought back for confirmation as a permanent rule at the September 2007 Regents meeting.  [HE&PP (A) 1]

Your committee recommends that the Board of Regents add, by emergency adoption and in accordance with Chapter 57 of the Laws of 2007 (Title VII), section 145-2.15 to the regulations of the Commissioner of Education relating to the administration of ability-to-benefit tests for eligibility for awards and loans with one amendment, that subparagraph 145-2.15(e)(2)(ix) be excluded from the regulation.  The Committee heard a presentation that covered the major requirements of the proposed regulations. These regulations will be brought back for confirmation as a permanent rule at the September 2007 Regents meeting.   [HE&PP (A) 2]

MATTERS NOT REQUIRING BOARD ACTION

         

              Your Committee discussed several topics, including:

• Student Eligibility for the Higher Education Opportunity Program (HEOP). The Committee discussed proposed regulations that are designed to update the current criteria for determining student economic eligibility for HEOP.  The proposed amendment was developed by a statewide task force of representatives from SUNY, CUNY, independent colleges and universities and the Department’s Office of Higher Education.  These regulations will be submitted for action at the September 2007 Regents meeting.  [HE&PP (D) 1]

• Teachers’ Certificate and Teaching Practice Requirements. The Committee discussed proposed regulations that are designed to provide the Commissioner flexibility to accept equivalent preparation in certain situations when approving applications for teacher certification.  Also discussed were several proposed technical amendments.  These regulations will be submitted for action at the September 2007 Regents meeting.    [HE&PP (D) 2]

• Student Lending Accountability, Transparency and Enforcement Act (SLATE).  The Committee heard a presentation and discussed a report on the Department’s involvement in the enforcement of the SLATE statute and the level of resources needed in order to effectively implement its requirements.  The report describes in detail the provisions of the new law and clarifies the responsibilities and capacity of the State Education Department. SLATE regulates the student loan industry in NYS and establishes standards of conduct for colleges and school financial aid officers.  It is the result of Attorney General Cuomo’s investigations into the abuses in the student loan industry.  [HE&PP (D) 3]

A motion was made by Regent Cohen and seconded by Regent Chapey that a statement be made to the Governor and the Legislature that while the Board of Regents accepts that the responsibilities to implement the SLATE statute appropriately rest with the State Education Department, it is the sense of the Board that it is practically impossible for the State Education Department to effectively carry out these duties and responsibilities without an adequate funding stream.   The motion was defeated 4-2. 

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 June 26, 2007, copies of which have been distributed to each Regent.

 

REGENTS COMMITTEE ON CULTURAL EDUCATION

Your Committee on Cultural Education had its scheduled meeting on June 25, 2007 in the Librarians Room – 7th Floor, CEC.  Regents Dawson, Phillips, Bowman, Tilles and Brooks Hopkins were in attendance.  Regents Chapey and Bendit were also in attendance.  Regent Gardner was absent.

ITEMS FOR DISCUSSION

Remarks from the Chair:

Regent Dawson worked with Cliff Siegfried doing advocacy for the Museum Education Act.  The Museum Education Act was introduced into both the Assembly and the Senate and have bill numbers in both houses.

Deputy Report: Jeffrey Cannell provided updates on the following:

• NOVEL Advocacy Program is moving forward and will be discussed later on the agenda.
• Statewide Trustee Program, a handout was provided on talking points about the importance of creating and funding a Statewide Library Trustee Training Program including a request for $500,000 annually.
• School Library and P-16 (Committee members should have received a paper from the Scholastic Research Foundation: School Libraries Work.)
• Followed-up with Senor Deputy Commissioner Johanna Duncan-Poitier regarding a replacement for recently retired Frances Roscello in EMSC, School Libraries.  A plan has been put in place.

• Two Library Development Specialist (LSD) 1 positions have been filled.
• Two other staff have been promoted from a LSD 1 to LDS2
• There is a request in the Office of Human Resources to fill four vacant Library Development positions.  (Regent Dawson requested to be kept informed of the status.)
• New Gates Grant Program - $3.6 million matching grant program for the purchase of 2,000 computers Statewide.  New computers will be going to 437 libraries and branches over two years.  Regent Brooks Hopkins and Regent Phillips requested a list of accepted applications including NYC.  Joe Mattie will provide the list, which will also be available on the web soon.
• Today’s press conference kicked off the New York Summer Reading Program – tied-in with the new Nancy Drew movie “Get a Clue.”  Our goal is to have 1.5 million participants by 2010. In addition, there is a program for teenagers - YNK (You Never Know).

BRD-4 Regents Priority Legislation:

David Miller and Diana Hinchcliff presented comments on State priority legislations.  Diana, John and Cynthia are working on ways to help with these efforts.  An update on proposals will be submitted for the July Regents CE Committee meeting.

Janet Welch reported on funding for the New York Knowledge Initiative

• Saturday and evening hours for the State Library and State Archives
• Services for the disabled – Talking Book and Braille Library services
• Library Systems in NYS. Proposal would request that the $8 million be on-going.
• Public Library Construction proposal - to make the $14 million on going and the second year increase it to $30 million.
• Summer Reading Program – (Program currently funded entirely by federal funds.)
• Statewide Library Trustee Training proposal (Handout provided.) $500,000 is the Library part of it and related $250,000 for Museums and Public Television.
• Early Literacy programs – libraries and public TV
• Learning standards SEDwide, electronic records and disaster planning.
• NOVEL proposal – (draft of new ideas for NOVEL Advocacy was provided)

Additional item to consider – NY Library Association Books for Life

$7.5 million for public library books statewide in addition to $2 million to add to the existing college and university book program.  Ms. Welch also spoke of the Coordination Collection Development Program and the proposed request to increase schoolbook aid from $6.00 per pupil to $10.00.

Museum Education Act – Updates and Discussion took place regarding redrafting text and the need to strengthen the bill’s language.  Regent Dawson suggested requesting $40 million.  That will be a placeholder and ask staff to redraft the text and to revisit title.

Regent Dawson recommended adding the advocacy plan to a fall Regents CE Committee meeting.

Criminal History Checks for OCE Employees and Volunteers

Federal Priorities:  Reauthorize the Museum and Library Services Act, Fund Public Education Programs and Support Public Television’s “Ready to compete” Agenda, were moved to be discussed at the July CE Committee meeting.

 CED-2 –Archives Five-Year Strategic Plan and Priorities:

Christine Ward, Assistant Commissioner for NYS Archives reported on the process and strategic priorities that have been established.  Four priority areas were identified to focus efforts and resources in for the next five years.

• Develop and implement a program to manage all records of NYS government effectively including executive agencies, the executive and the legislature.
• Establish a fully functioning program that addresses the challenges of managing the electronic records of government.
• Build capacity in records repositories Statewide to protect their collections and facilities from natural and man-made disasters.
• Become the hub for information about using historical records for educational purposes.

A full plan will be presented at the September CE Committee meeting.

 

Cultural Education Trusteeship Meeting

June 25, 2007

Librarians Room – 7th Floor, CEC

Attendees: Regents Dawson, Phillips, Tilles, Bowman and Brooks Hopkins

Absent: Regent Gardner

Regent Dawson opened the meeting and acknowledged the role of trustees and the responsibility of the Board to meet three times a year to look at issues surrounding the New York State Library, Museum and Archives.

Deputy Commissioner Jeffrey Cannell reported on the Status on Cultural Education Trust Board:  There have been four members appointed to the CE Trust Board: The Chancellor, Regent Karen Brooks Hopkins, John Egan, and the Senate’s appointee: Jeffrey Kraus, a professor at Wagner College.  According to language in Article VII, the Chancellor will be able to appoint another Regent to Chair the Board - Council is working on making this official with the Chancellor delegating his seat to Regent Dawson.

ITEMS FOR DISCUSSION

CET-D1 – Records Center: Chris Ward reported on the Archives Records Center Expansion.  In addition, Ms. Ward responded to an issue raised at the February CE Trusteeship meeting regarding the State Record Center no longer being part of the Research and Storage Facility project.  Consequently, OCE staff and Archives have been meeting regularly with OGS, architects and engineers about expanding the Records Center’s current location at the State Campus, to develop a program that will allow us to identify options, to obtain reliable data and costs and to compare options/cost(s).  The plan, in general, could double the current facility’s storage capacity for paper records.

CET-D2 – John Hart, of the Museum reported on the Importance of Museum Collections-Based Research at the New York State Museum

With a PowerPoint presentation, Mr. Hart reported on the significant research that is very much a part of the New York State Museum and associated with collections. The State Museum, established legislatively as a collections, research, and education institution, has scientists and historians that conduct collaborative, collections-based, and world-class research.  Research is integral to collections Stewardship.  Research creates new collections, adds to existing collections, creates knowledge about objects in collections and gives objects lasting historical and scientific value.

Mr. Hart reported on funding and alternative funding.  Approximately $40 million in the past five years has been through contracts and grants from external sources.  Recently awarded, are three National Science Foundation (NSF) grants totaling almost $2 million – one grant awarded to archaeology investigation, another for tracking seeds, and another for establishing a large animal tracking network.

Importantly, research results are disseminated widely through publications, public programs, and exhibitions.  During the past five years, State Museum researchers published 13 books, 186 articles in profession journals, 170 technical reports, and 90 popular articles.  In addition, within this timeframe, staff presented 162 public lectures at the State Museum and conducted 19 workshops based on museum research and collections.

Regent Dawson encouraged members to visit the exhibit, “Beneath the City.” 

CET(D) 3 – Mark Schaming conducted this report on the Status of Gallery Renewal and New Stewardship Facility.  The project continues to move forward.  Gallagher & Associates will be working with museum, archives and library staff in addition to experts from across NY to develop the museum.  Exhibit development, planning and installation are expected to take three years with four major initiatives: Master planning of all galleries, exhibition development for Natural History, Human History and Native Peoples galleries. 

Mr. Schaming’s PowerPoint presentation provided illustrative floor plans to assist with visualizing the schematic of exhibits.  Out of 100,000 square feet of existing gallery space, the West Gallery, Discovery Place, Native peoples of NY, Exhibition Hall, WTC Gallery and city neighborhoods will be integrate into the renewal.  The new plan is based on a few basic principles:

• Tell the story of natural and human history of NY in a compelling and integrated manner
• The exhibitions will take into consideration the visitors needs
• The importance of having exhibits revealed both chronologically and by topic
• Create a smart and comfortable flow path with choices
• Create a hierarchy of information
• Exhibitions are linked to learning standards

During the phasing in period, the State Museum will remain open and continue to host exhibitions.

 

CET(D) 4 – Funding – Cultural Education programs

Christina Phillips reported on the New Stewardship Facility and CE Regents relation with Cultural Education Trust Board.  A handout, provided to members, regarding the Proposed Stewardship Facility’s first phase also identified components that need addressing in subsequent phases of construction in future years.  When reports are available, Regent Dawson would like copies.

Land Review and Requisition:  We are moving forward with the search for an acceptable piece of property.  At the end of March 2007, OCE advertised through OGS that the State is looking for a site of land to purchase resulting in receiving 29 proposals for 27 sites.  The criteria included such things as acreage, distance from the CEC, travel time, topography, and accessibility to major roadways.  OCE conducted an initial review of the 27 properties with SED and OGS and numerous sites eliminated based on established criteria.  On June 11, 2007, OGS provided our OCE Leadership with an overview of the remaining properties and engaged in several internal discussions resulting in the identification of six possible sites.

Next Steps:

OGS will be conducting further investigations and discussions with owners/brokers of the remaining six sites, in addition to gathering additional background information from the Town and County offices and expects to schedule site visits with OGS in the near future to make a final decision, which then goes to the Cultural Education Trust Board for approval.  Purchasing property by the end of the year is anticipated.

Deputy Commissioner Jeffrey Cannell presented a brief financial report and provided a related chart handout: Projected CE Account Revenue if Fund had been in Existence since 1990.  A request for permission to explore other funding sources was presented to the Committee.

Regent Dawson concluded the meeting stating he would meet with David Johnson to schedule a longer October CE Trusteeship meeting to discuss CE funding and to schedule time for tutorials, tours and visits to exhibits at CEC.

 

Appendix I

NEW YORK
STATE BOARD OF REGENTS CHARTER ACTION
 

Cultural Education

ABSOLUTE CHARTER

POTSDAM
PUBLIC LIBRARY

Potsdam
, St. Lawrence 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 Potsdam Central School District. The Office of Cultural Education recommends that an absolute charter in the first instance be granted.

AMENDMENT OF CHARTERS

BEAVER FALLS LIBRARY

Beaver Falls, Lewis County

A provisional charter was granted to this corporation by action of the Board of Regents on September 22, 1924 to operate an association library.  Such provisional charter was extended by Regents action on December 20, 1940, September 20, 1946, November 30, 1951, December 21, 1956, September 29, 1961, October 28, 1966 and was made absolute on December 14, 1973.  Such absolute charter was amended by Regents action on February 3, 1999.  The board of trustees has applied for an amendment to the absolute charter to designate the service area as the area starting on the east at State Highway 812 at the point where it meets Main Street at the border of the Village of Croghan, and following State Highway 812 in a southwestern direction to Artz Road, then following Artz Road in a northern direction to Patty Street and following Patty Street in a western direction to Van Amber Road, then following Van Amber Road in a northwestern direction to Naumberg Lane, and in an eastern direction to State Highway 126, in a northeastern direction to Swiss Road, and following Swiss Road in an eastern direction to Resha Road, then following Resha Road in a southeastern direction to the northwest boundary of Croghan Village thence south and east around Croghan village to the point of beginning.  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

SEA CLIFF VILLAGE LIBRARY

Sea Cliff, Nassau County

An absolute charter in the first instance was granted to this corporation by action of the Board of Regents under the corporate name “Stenson Memorial Library” on February 17, 1927 to operate a public library.  Such absolute charter was amended by Regents action on July 25, 1980 to change the corporate name to “Sea Cliff Village Library.”   The board of trustees has applied for an amendment to the absolute charter to  designate the Commissioner of Education as agent of the corporation upon whom process in any action or proceeding against it may be served; to state that the number of trustees shall be not less than five nor more than nine; and to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3).  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

PROVISIONAL CHARTERS

THE COLD SPRING HARBOR FIRE HOUSE MUSEUM

Cold
Spring Harbor, Suffolk County

The board of trustees has petitioned the Board of Regents to form a corporation to establish and maintain a history museum relating to the Cold Spring Harbor Volunteer Fire Department; to collect, own, hold, maintain, preserve and make available appropriate historical buildings, objects and artifacts; to arrange, create, maintain and promote appropriate historical exhibits and displays; to establish and maintain a historical research and reference center; to promote and support historical research and scholarship, issue publications in any format, and organize historical and cultural activities, programs and events for the public.  The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

THE FRIENDSHIP HERITAGE ASSOCIATION

Friendship, Allegany County

The board of trustees has petitioned the Board of Regents to form a corporation to undertake, encourage, coordinate and assist efforts to restore, preserve, conserve and maintain the Wellman House, located in the Town of Friendship, County of Allegany; to acquire by purchase, gift, devise or otherwise the title to or the custody and control of such sites and structures and maintain and preserve these sites and structures; to collect, own, hold, maintain, preserve, and make available appropriate historical objects, artifacts, documents, photographs, furnishings, and decorations; to advocate for appropriate historic preservation laws and ordinances, historic district designation, landmarking of structures and sites, design controls, compatible planning and zoning, and similar designations and controls; to sponsor historic preservation projects, advocate for endangered buildings, and receive grants; to raise public awareness and promote the preservation and appreciation of the built environment through historical research and scholarship, publications in any format, organized historical and cultural activities, public programs and events, including tours and lectures; to cooperate with the Friendship-Nile Historical Society in projects and activities of mutual interest; to mark or otherwise designate places of historical interest in the Town of Friendship or in territory adjacent thereto; to make available space for individuals, community and civic groups to conduct meetings, lectures, programs, classes, and similar activities; to raise awareness and gain support for restoration and preservation for the site.   The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

EXTENSION OF CHARTERS

HAMMOND
LIBRARY OF CROWN POINT

Crown Point
, Essex County

A provisional charter was granted to this corporation by action of the Board of Regents on November 26, 1986 to operate an association library.  Such provisional charter was extended by Regents action on July 24, 1992 and September 19, 1997.  The board of trustees has applied for an extension to the charter.  The Office of Cultural Education recommends that the provisional charter be extended for a period of five years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

KRIPPLEBUSH
SCHOOLHOUSE MUSEUM

Stone Ridge
, Ulster
County

A provisional charter was granted to this corporation by action of the Board of Regents on February 3, 1999.  The board of trustees has applied for an extension of the provisional charter.  The Office of Cultural Education recommends that the provisional charter be extended for a period of five years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

CERTIFICATE OF INCORPORATION

THE LITTLE BEARD CLUB

York
, Livingston County

The board of trustees has petitioned the Board of Regents to form a corporation to research, reenact, and educate the public about the 1640 to 1840 American Fur Trade era.  The corporation is not authorized to establish or maintain a museum or historical society, or to own or hold collections. The Office of Cultural Education recommends that a certificate of incorporation be issued.

ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

ABSOLUTE CHARTER

CHRISTIAN ACADEMY OF WESTERN NEW YORK

Lockport
, Niagara County

A provisional charter was granted to this corporation by action of the Board of Regents on October 4, 2002 to operate a kindergarten through grade twelve school.  The board of trustees has applied for an absolute charter.  The Office of Nonpublic School Services recommends that the provisional charter be made absolute.

AMENDMENT OF CHARTERS

GERMAN SCHOOL
NEW YORK

White Plains
, Westchester County

A provisional charter was granted to this corporation by action of the Board of Regents on September 25, 1980 to operate a grades one through thirteen school.  Such provisional charter was made absolute by Regents action on January 17, 1984.  The board of trustees has applied for an amendment to the absolute charter to add authority for the corporation to also operate a nursery school for preschool children from three to five years of age and a kindergarten for five year olds.  The Office of Nonpublic School Services recommends that the absolute charter be amended accordingly.

SAINT
IGNATIUS SCHOOL

Bronx, Bronx County

A provisional charter was granted to this corporation by action of the Board of Regents on November 6, 1998 to operate a grade six through eight school, including a summer program. Such provisional charter was amended and restated by Regents action on November 9, 2001.  The board of trustees has applied for an amendment to the provisional charter to amend paragraph 2 of the provisional charter to delete the phrase to conduct a “grade six through eight school” and replace it with the phrase to conduct a “grade five through eight school,” and to change the corporate address from 854 Hunts Point Avenue, Bronx, New York 10474 to 740 Manida Street, Bronx, New York 10474 and that the provisional charter, as so amended, be extended.  The Office of Nonpublic School Services recommends that the provisional charter be amended accordingly and, as so amended, extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

THE WALDORF SCHOOL OF THE FINGER LAKES

Ithaca
, Tompkins County

A provisional charter was granted to this corporation under the corporate name “The School of the Finger Lakes” by action of the Board of Regents on September 26, 1986 to operate a nursery school, kindergarten, and a grades one through seven school. Such provisional charter was amended by Regents action to include a name change to “The Waldorf School of the Finger Lakes” on July 28, 1989, and as so amended, extended.  Such provisional charter was amended and extended by Regents action on October 15, 1993 and September 18, 1998.  The board of trustees has applied for an amendment to the provisional charter to change the location of the school to 305 South Plain Street, Ithaca, New York 14850, and as so amended, be extended.  The Office of Nonpublic School Services recommends that the provisional charter be amended accordingly and, as so amended, extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

PROVISIONAL CHARTERS

DIVINE
MERCY CATHOLIC ACADEMY

Ozone
Park, Queens County

The board of trustees has petitioned the Board of Regents to form a corporation to operate a nursery school for preschool children from three to five years of age, a kindergarten for five year olds, and a grade one through eight elementary school.  A nursery school, kindergarten, and grades one through five elementary school will be conducted at 101-60 92nd Street, Ozone Park, New York 11416; a grade six through eight elementary school will be conducted at 90-01 101st Avenue, Ozone Park, New York 11416.  The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.

OPEN
CENTER
FOR AUTISM

Hurley
, Ulster
County

The board of trustees has petitioned the Board of Regents to form a corporation to operate a school for children from 12 to 21 years of age who have diagnoses or clinical descriptions of Asperger’s Syndrome, High Functioning Autism, Pervasive Developmental Disorder (PDD), or another significant social/communication disorder.  The Office of Vocational and Educational Services for Individuals with Disabilities (VESID) has been provided with an opportunity to review this action and the trustees have been advised that the granting of a provisional charter does not constitute approval for state funding for programs and services under the jurisdiction of VESID.  The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.

EXTENSION OF CHARTERS

FIRST
NURSERY SCHOOL OF UTICA

Utica
, Oneida County

A provisional charter was granted to this corporation by action of the Board of Regents on November 10, 2000.  Such provisional charter was extended by Regents action on January 12, 2004.  The board of trustees has petitioned for an extension of the provisional charter.  The Office of Nonpublic School Services recommends that the provisional charter be extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

SUSAN
E. WAGNER DAY SCHOOL

Bronx, Bronx County

A provisional charter was granted to this corporation by action of the Board of Regents on April 27, 1999.  Such provisional charter was amended by Regents action on  September 17, 1999 and extended on June 17, 2003.  The board of trustees has petitioned for an extension of the provisional charter.  The Office of Nonpublic School Services recommends that the provisional charter be extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

 

Appendix II

REGENTS ACTIONS IN 51 PROFESSIONAL DISCIPLINE CASES

June 25-26, 2007

              The Board of Regents announced disciplinary actions resulting in the revocation of 1 license, surrender of 6 licenses, and 44 other disciplinary actions.  The penalty indicated for each case relates solely to the misconduct set forth in that particular case.

I. REVOCATIONS AND SURRENDERS

Chiropractic

              Jeffrey Mark Srour; 2866 Merrick Road, Bellmore, NY 11710; Lic. No. 005414; Cal. No. 23410; Application to surrender license granted. Summary:  Licensee admitted to charges of having been convicted of Criminal Sale of a Controlled Substance in the 3rd Degree and Criminal Possesion of a Controlled Substance in the 7th Degree.

Nursing

              BannonCorbett; Licensed Practical Nurse; 147 Cherry Avenue, Delmar, NY 12054; Lic. No. 251334; Cal. No. 22500; Application to surrender license granted.  Summary:  Licensee did not contest charges of having been convicted of Criminal Possession of a Controlled Substance in the 5th Degree and having committed medication administration errors involving controlled substances.

              Blanca C. Jaravata; Registered Professional Nurse; 880 Bergen Avenue, Jersey City, NJ 07304; 1919 Hazen Street, East Elmhurst, NY 11370; 106 West 69th Street, New York, NY 10023; Lic. No. 235531; Cal. No. 23085; Found guilty of professional misconduct; Penalty: Revocation.

NenaCrane Babette Cole; Registered Professional Nurse; 6703 Alabama Highway #191, Jemison, AL 35085; Lic. No. 523086; Cal. No. 23384; Application to surrender license granted. Summary:  Licensee did not contest charges of  withdrawing a controlled substance from a PYXIS machine with fraudulent intent and falsely stating on a registration renewal application that she had not been disciplined since her last registration.

Pharmacy

              Maher M. Ishak; One Chimney Ridge Drive, Harriman, NY 10926; Lic. No. 037047; Cal. No. 23162; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted of Grand Larceny in the 3rd  Degree.  

Public Accountancy

              Seymour L. Goldman; Certified Public Accountant; 111 Great Neck Road, Great Neck, NY 11021; Lic. No. 033987; Cal. No. 23369; Application to surrender license granted.  Summary: Licensee admitted to the charge of having been convicted of Grand Larceny in the 2nd  Degree.

              Michael J. Todisco; Certified Public Accountant; 54 Third Street, Glen Cove, NY 11542; Lic. No. 061800; Cal. No. 23441; Application to surrender license granted.  Summary:  Licensee admitted to the charge of having been convicted of Grand Larceny in the 4th Degree, a class E felony.

II. OTHER REGENTS DISCIPLINARY ACTIONS

Dentistry

              Barry Louis Litt; Dentist; 12 Arbor Court, Pomona, NY 10970; Lic.No. 039144; Cal. No. 22987; Found guilty of professional misconduct; Penalty: 5 year suspension, execution of last 2 years of suspension stayed, $10,000 fine.

              Kelly A. Wojchowski; Certified Dental Assistant; 193 William Street, Geneva, NY 14456; Cert. No.000527; Cal. No. 23072; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 9 month stayed suspension, 12 months probation, $500 fine.

              Leonard Umanoff; Dentist; 457 Adams Avenue, Staten Island, NY 10306-5422; Lic.No. 048513; Cal. No. 23305; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $10,000 fine.

Engineering and Land Surveying

              Thomas G. Ahneman; Land Surveyor; 43 Old Camp Lane, Cos Cob, CT 06807; Lic. No. 050341; Cal. No. 21176; Found guilty of professional misconduct; Penalty: Annul license.

Massage Therapy

              Carol R. Daggs; 29 Doten Avenue, Saratoga Springs, NY 12866; Lic.No. 016259; Cal. No. 23316; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, 25 hours public service.

Nursing

              Rejeanne Altidor; Licensed Practical Nurse, Registered Professional Nurse; 2026 Baylis Avenue, Elmont, NY 11003; Lic. Nos. 173310, 439115; Cal. Nos. 22831, 22832; Application for consent order granted; Penalty agreed upon: 2 month actual suspension, 22 month stayed suspension, 24 months probation, $5,000 fine.

              Valerie Scott a/k/a Valerie R. Scott-Chatman; Licensed Practical Nurse; P.O. Box 22924, Rochester, NY 14692-2924; Lic.No. 182939; Cal. No. 22868; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation to commence upon return to practice, $250 fine.

              Carmen Stevenson; Registered Professional Nurse; 400 Brunswick Drive, Troy, NY 12180; Lic.No. 467326; Cal. No. 23049; Application for consent order granted; Penalty agreed upon: 9 month actual suspension, 15 month stayed suspension, 2 years probation.

              Sheila Anne Klementowski; Licensed Practical Nurse; 35 Peatbed Road, Hannibal, NY 13074; Lic.No. 144683; Cal. No. 23113; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

              Joann M. Kowalchuk a/k/a Joann M. Oracz a/k/a Joann Marie Oracz-Kowalchuk; Registered Professional Nurse; 58 Ridge Road, Montgomery, NY 12549; Lic.No. 381367; Cal. No. 23143; Found guilty of professional misconduct; Penalty:   Suspension until fit to practice as shown in Regents Review Committee report, upon termination of suspension 2 years probation to commence upon return to practice. 

              Lorraine Meoni a/k/a Lorraine Casiano; Licensed Practical Nurse, Registered Professional Nurse; 8 Poet Lane, Setauket, NY 11733; Lic. Nos. 144252, 439287; Cal. Nos. 23163, 23164; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until successfully participate in course of therapy and treatment, and until fit to practice, upon termination of suspension 2 years probation to commence if and when return to practice.

              Kathleen Marie Kocher; Licensed Practical Nurse, Registered Professional Nurse; 7239 Avenue N, Brooklyn, NY 11234; Lic. Nos. 202060, 416099; Cal. Nos. 23201, 23202; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for not less than 6 months and until successfully participate in course of therapy and treatment, and until fit to practice, upon termination of suspension 2 years probation.

              Marlene Ann Bott a/k/a Palmer; Licensed Practical Nurse; 3718 Route 96, P.O. Box 43, Shortsville, NY 14548; Lic. No. 197155; Cal. No. 23232; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for a minimum of 3 months and until fit to practice, upon termination of suspension 2 years probation to commence if and when return to practice, $1,000 fine.

              Aida Nielsen; Registered Professional Nurse; 48 Old Country Road, Westhampton, NY 11977-1218; Lic.No. 563429; Cal. No. 23243; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

              Maria Quercia; Licensed Practical Nurse; 45-17 220th Street, Bayside, NY 11361-3553; Lic.No. 278263; Cal. No. 23252; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation.

              Geraldine L. Randall a/k/a Geraldine L. Vaughn; Licensed Practical Nurse; 305 Ash Street, Corinth, NY 12822; Lic.No. 139065; Cal. No. 23257; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $250 fine.

              Cheryl Denise Dewitt-Taylor; Registered Professional Nurse; 35 Scott Avenue, Deer Park, NY 11729-7019; Lic.No. 535370; Cal. No. 23258; Application for consent order granted; Penalty agreed upon: Actual 2 year suspension with leave to apply for termination of suspension after service of at least 3 months of suspension upon successful completion of certain coursework, upon service or early termination of suspension 2 years probation.

              Eamon Michael Patrick Keenan; Registered Professional Nurse; 198 Bidwell Avenue, Staten Island, NY 10314; Lic.No. 418243; Cal. No. 23262; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, 1 year probation, $500 fine.

              Evelyn Abenes Alcalde; Licensed Practical Nurse, Registered Professional Nurse; 92-45 Springfield Boulevard, Queens Village, NY 11428; Lic.Nos. 213383, 433340; Cal. Nos. 23263, 23264; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, $500 fine.

              Christine D. Lyndaker; Licensed Practical Nurse; 8150 Long Pond Road, Croghan, NY 13327; Lic.No. 144717; Cal. No. 23293; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $250 fine.

              Esther Mei Lai Tung; Registered Professional Nurse; 73 Oneida Avenue, Centereach, NY 11720; Lic.No. 399552; Cal. No. 23306; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

              Julia Adina George-Sheriffe; Registered Professional Nurse; 1017 East 82nd Street, Brooklyn, NY 11236-4223; Lic.No. 436468; Cal. No. 23307; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for not less than 3 months and until successfully participate in course of therapy and treatment, and until fit to practice, upon termination of suspension 2 years probation to commence if and when return to practice.

              Jacqueline Severe; Licensed Practical Nurse, Registered Professional Nurse; 1038 82nd Street, Brooklyn, NY 11236; Lic.Nos. 187201, 436790; Cal. Nos. 23312, 23311; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for not less than 3 months and until fit to practice, upon termination of suspension 2 years probation to commence if and when return to practice.

              Yvette Alex Duchein; Licensed Practical Nurse, Registered Professional Nurse; 215 West 101st Street, New York, NY 10025; Lic. Nos. 201376, 415158; Cal. Nos. 23335, 23336; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

              Holly Ellen Cusick; Registered Professional Nurse; 6608 Clybourn Avenue, Los Angeles, CA 91606; Lic.No. 518545; Cal. No. 23344; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until successfully participate in course of therapy and treatment, upon termination of suspension 2 years probation to commence if and when return to practice.

Optometry

              Barry Boyarsky; 987 South End Drive, Woodmere, NY 11598; Lic.No. 003622; Cal. No. 23295; Application for consent order granted; Penalty agreed upon: 1 year actual suspension, 1 year stayed suspension, 2 years probation.

Pharmacy

              Tariq Waheed Sheikh; 89 Rhodes Drive, New Hyde Park, NY 11040; Lic.No. 035206; Cal. No. 22956; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation, $5,000 fine.

              Robert F. Perrella; 83-11 258th Street, Floral Park, NY 11004-1612; Lic.No. 036197; Cal. No. 22961; Found guilty of professional misconduct; Penalty: Suspension until fit to practice as shown in Regents Review Committee report.

              Joel David Boliver; 118 Covington Drive, Buffalo, NY 14220; Lic.No. 042072; Cal. No. 23026; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $2,000 fine.

              Rite Aid of New York, Inc., d/b/a Rite Aid Pharmacy #686; Pharmacy; 9519 Foster Wheeler Road, North Dansville, NY 14437-9259; Reg. No. 014308; Cal. No. 23210;

Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $3,500 fine.

              Grammatikos George Lambrakis; 1423 79th Street, Brooklyn, NY 11228; Lic.No. 044228; Cal. No. 23246; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $5,000 fine.

              Family Pharmacy & Surgical Supplies, Inc.; Pharmacy; 1757 Bath Avenue, Brooklyn, NY 11214; Reg. No.023388; Cal. No. 23247; Application for consent order granted; Penalty agreed upon: $5,000 fine, 1 year probation.

              C.J.S. Pharmacy Inc., d/b/a Merrick Chemists; Pharmacy; 131 Merrick Avenue, Merrick, NY 11566; Reg. No.017295; Cal. No. 23274; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $5,000 fine.

              Min Chien Chang; 21 Spruce Lane, Syosset, NY 11791; Lic.No. 032961; Cal. No. 23277; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, 1 year probation, $2,000 fine.

              Ta Cheng Chang’s Inc., d/b/a Forest Drugs; Pharmacy; 112-53 Queens Boulevard, Forest Hills, NY 11375; Reg. No. 019631; Cal. No. 23278; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, 1 year probation, $2,000 fine.

Psychology

              Anthony Vytautas Rubonis; 2025 Lexington Parkway, Niskayuna, NY 12309; Lic.No. 012163; Cal. No. 23170; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for no less than 1 year and until fit to practice, upon termination of suspension 2 years probation to commence upon return to practice, $500 fine.

Public Accountancy

              Gary H. Klein a/k/a Gary Klein a/k/a Gary Kline; Certified Public Accountant; 36 White Deer Lane, West Harrison, NY 10604; Lic.No. 057069; Cal. No. 23145; Found guilty of professional misconduct; Penalty: Suspension for no less than 3 months and until fit to practice as shown in Regents Review Committee report.

Respiratory Therapy

              Hani Jereis; Respiratory Therapist; 48 Crotty Avenue, Yonkers, NY 10704; Lic.No. 000012; Cal. No. 22836; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for not less than 3 months and until successfully participate in a course of therapy and treatment, and until fit to practice, upon termination of suspension 3 years probation to commence if and when return to practice, $500 fine.