Meeting of the Board of Regents | November 2009
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THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234 |
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TO: |
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FROM: |
Anthony Lofrumento |
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SUBJECT: |
Summary of the October 2009 Meeting |
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DATE: |
November 2, 2009 |
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STRATEGIC GOAL: |
Goal #4 |
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AUTHORIZATION(S): |
Executive Summary
Issue for Decision
Review of the Summary of the October 2009 Meeting of the Board of Regents.
Proposed Handling
Approval of the Summary of the October 2009 meeting.
Procedural History
This document summarizes the actions of the Board of Regents during the monthly meeting and is brought before the Board the following month for approval.
Recommendation
Approval of the Summary of the October 2009 meeting.
Timetable for Implementation
Effective November 17, 2009.
VOTED, that the Summary of the October 2009 Meeting of the Board of Regents of The University of the State of New York be approved.
SUMMARY OF THE OCTOBER MEETING
OF THE BOARD OF REGENTS
OF
THE UNIVERSITY OF THE STATE OF NEW YORK
Held at the State Education Building
Albany, New York
October 19, 2009
Anthony Lofrumento, Secretary
Board of Regents
THE BOARD OF REGENTS
The Board of Regents of The University of the State of New York held public sessions on Monday, October 19 at 9:00 a.m. and at 5:35 p.m. pursuant to a call to duty sent to each Regent.
MEETING OF THE FULL BOARD, Monday, October 19, 9:00 a.m.
Board Members in Attendance:
Merryl H. Tisch, Chancellor
Milton L. Cofield, Vice Chancellor
Robert M. Bennett, Chancellor Emeritus
Geraldine D. Chapey
Harry Phillips, 3rd
James R. Tallon, Jr.
Roger Tilles
Karen Brooks Hopkins
Charles R. Bendit
Betty A. Rosa
Lester W. Young, Jr.
Christine D. Cea
Wade S. Norwood
Also present were the Commissioner of Education, David M. Steiner, Senior Deputy Commissioner P-12, John King, Acting Counsel and Deputy Commissioner for Legal Affairs, Erin O’Grady-Parent, and the Secretary, Board of Regents, Anthony Lofrumento. Regents Saul B. Cohen, James C. Dawson, Anthony S. Bottar and Joseph E. Bowman, Jr. were absent and excused.
Chancellor Merryl H. Tisch called the meeting to order at 9:00 a.m.
ACTION ITEMS
Executive Session Motion
MOVED, that the Board of Regents convene in Executive Session on Monday, October 19 at 4:35 p.m. for discussing a personnel matter and a competitive grant proposal.
Motion by: Vice Chancellor Cofield
Seconded by: Regent Geraldine D. Chapey
Action: Motion carried unanimously
State Education Department September 2009 Fiscal Report
BR (A) 3
MOVED, that the Board of Regents accept the September 2009 State Education Department Fiscal Reports as presented.
Motion by: Regent Roger Tilles
Seconded by: Chancellor Emeritus Robert M. Bennett
Action: Motion carried unanimously
DISCUSSION ITEM
Status Report on Draft “Common Core State College and Career Readiness Standards for Mathematics and Standards for Reading, Writing, and Speaking and Listening”
BR (D) 1
Report was presented by Senior Deputy Commissioner King.
INFORMATION ITEM
Commissioner’s Report to the Board
Oral
Commissioner Steiner provided an overview and highlights of discussions and actions anticipated at the October meeting.
COMMITTEE ASSIGNMENTS
Chancellor Tisch announced committee appointments including: Regent Cea to serve on Vocational and Educational Services for Individuals with Disabilities, Higher Education and Professional Practice; and, Regent Norwood to serve on Vocational and Educational Services for Individuals with Disabilities, Subcommittee on State Aid and Elementary, Middle, Secondary and Continuing Education.
Full Board adjourned at 9:35 a.m.
MEETING OF THE FULL BOARD, Monday, October 19, 5:35 p.m.
Board Members in Attendance:
Merryl H. Tisch, Chancellor
Milton L. Cofield, Vice Chancellor
Robert M. Bennett, Chancellor Emeritus
Geraldine D. Chapey
Harry Phillips, 3rd
Joseph E. Bowman, Jr.
James R. Tallon, Jr.
Roger Tilles
Karen Brooks Hopkins
Charles R. Bendit
Betty A. Rosa
Lester W. Young, Jr.
Christine D. Cea
Wade S. Norwood
Also present were the Commissioner of Education, David M. Steiner, Senior Deputy Commissioner P-12, John King, Acting Counsel and Deputy Commissioner for Legal Affairs, Erin O’Grady-Parent, and the Secretary, Board of Regents, Anthony Lofrumento. Regents Saul B. Cohen, James C. Dawson, and Anthony S. Bottar were absent and excused.
Chancellor Merryl H. Tisch called the meeting to order at 5:35 p.m.
ACTION ITEMS
Charter Applications for October 2009
BR (A) 1
MOVED, that the Regents approve each application in accordance with the recommendations contained in the respective summaries.
Motion by: Regent Roger Tilles
Seconded by: Vice Chancellor Milton L. Cofield
Action: Motion carried unanimously
Summary of the September 2009 Meeting
BR (A) 2
MOVED, that the Summary of the September 2009 Meeting of the Board of Regents of The University of the State of New York be approved.
Motion by: Regent Roger Tilles
Seconded by: Vice Chancellor Milton L. Cofield
Action: Motion carried unanimously
Deputy Commissioner of Higher Education
BR (A) 4
MOVED, that the Board of Regents approve the appointment of Joseph Frey to the position of Deputy Commissioner of Higher Education.
Motion by: Vice Chancellor Milton L. Cofield & Regent Harry Phillips, 3rd
Seconded by: Chancellor Emeritus Robert M. Bennett
Action: Motion carried unanimously
PROGRAM AREA CONSENT ITEMS
Emergency Amendment of Regents Rule 3.27 relating to Museum Collections Management Policies
BR (CA) 1
MOVED, that paragraph (7) of subdivision (a), and paragraphs (6) and (7) of subdivision (c), of section 3.27 of the Rules of the Board of Regents be amended, as submitted, effective November 14, 2009, as an emergency action to expire and be deemed repealed January 12, 2010, upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare in order to protect the public’s interest in collections held by a museum or historical society by enumerating the specific criteria under which an institution may deaccession an item or material in its collection, remove the option allowing an institution to designate a structure as a collections item but keep intact any such designation made by vote of a board of trustees prior to December 19, 2008, and specify that no proceeds from deaccessioning may be used for capital expenses, except to preserve, protect or care for an historic building previously designated as part of the institution’s collection, as above.
Appointment to the Committee on the Professions
BR (CA) 3
MOVED, that the Board of Regents approve the roster of the Committee on the Professions, effective October 20, 2009.
Report of the Committee on the Professions Regarding Licensing Petitions
BR (CA) 4
MOVED, that the Board of Regents approve the recommendations of the Committee on the Professions regarding licensing petitions.
Appointments and Reappointments of Members to the State Boards for the Professions and Reappointment of an Extended Member to the State Boards for the Professions for Service on Licensure Disciplinary and/or Licensure Restoration and Moral Character Panels
BR (CA) 5
MOVED, that the Board of Regents approve the appointments and reappointments of members to the State boards for the professions.
MOVED, that the Board of Regents approve the consent agenda items noting that EMSC item BR (CA) 2 was not considered at this meeting and not included in this vote.
Motion by: Regent Geraldine D. Chapey
Seconded by: Vice Chancellor Milton L. Cofield
Action: Motion carried unanimously
STANDING COMMITTEE REPORTS
MOVED, that the reports from the Regents Standing Committees be approved as submitted.
Motion by: Regent Joseph E. Bowman, Jr.
Seconded by: Regent Geraldine D. Chapey
Action: Motion carried unanimously
INFORMATION ITEM
Commissioner’s Look Ahead at the November Meeting
Oral
Commissioner Steiner: The Commissioner reported that the November meeting will include: budget priorities, redesign of teacher prep programs, graduation rates, federal ILMS grants, program update, OP technology report, State Aid proposal development and an update on Roosevelt.
Regent Tallon: Previewed State Aids discussions that are anticipated balancing fiscal challenges with Board priorities.
Full Board adjourned at 5:50 p.m.
REGENTS COMMITTEE ON ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION
Your EMSC Committee held its scheduled meeting on October 19, 2009. All Committee members were present except for Regents Bottar, Cohen and Dawson who were excused.
ACTION ITEMS
Charter Schools
Your Committee recommends that the Board of Regents approves the revision to the initial charter of the Leadership Preparatory Brownsville Charter School as proposed by the Trustees of the State University of New York, and the provisional charter is amended accordingly. [EMSC (A) 1]
Your Committee recommends that the Board of Regents approves the second revision to the first renewal charter of the Brighter Choice Charter School for Boys, and the provisional charter is amended accordingly. [EMSC (A) 2]
Your Committee recommends that the Board of Regents approves the second revision to the first renewal charter of the Brighter Choice Charter School for Girls, and the provisional charter is amended accordingly. [EMSC (A) 3]
Action Items
Your Committee recommends that the Board of Regents adopt the new federal four-year adjusted graduation rate cohort definition and begin using this definition no later than the 2011-2012 school year results. Furthermore, your Committee recommends that the Board of Regents apply to the U.S. Education Department to use a five-year extended graduation rate and give schools credit for making Adequate Yearly Progress (AYP) as long as the school or district achieves the goal or the target(s) on either the four-year cohort or the five-year cohort. [EMSC (A) 4]
Your Committee recommends that the Board of Regents adopt a policy on making up course credit that includes the following provisions:
- School district officials may provide various programs for students who were previously enrolled in a course but failed to demonstrate mastery of the intended course outcomes.
- A school-based panel, consisting of at least the principal, a teacher in the area for which the student must make up credit, and a guidance director (or other administrator) must approve all programs for make-up credit.
- In order to provide the appropriate program to make up failed or incomplete course credit, the panel must consider each student’s needs and course completion deficiencies.
- The program must be aligned with the Regents learning standards.
- In order to receive credit, the student must receive equivalent, intensive instruction in the deficiency areas of the course by a teacher certified in the subject area.
- The student must demonstrate mastery of the initial deficiency area(s).
- If an end-of-course Regents examination is required for graduation, the student must pass the Regents examination to fulfill the graduation requirements, and, to the extent determined by the school district, receive course credit.
[EMSC (A) 5]
MOTION FOR ACTION BY FULL BOARD
Madam Chancellor and Colleagues: Your EMSC Committee recommends, and we move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on October 19, 2009, copies of which have been distributed to each Regent.
MATTERS NOT REQUIRING BOARD ACTION
Conversation with Lt. Governor Ravitch – The Committee was joined by Lt. Governor Richard Ravitch for a conversation about New York State’s fiscal condition and the impact of additional deficit reductions on critical services including educational programs.
REGENTS COMMITTEE ON HIGHER EDUCATION
Your Higher Education Committee held its scheduled meeting on October 19, 2009. All members were present, except Regents Bottar and Cohen, who were excused.
MATTERS NOT REQUIRING BOARD ACTION
Draft Recommendations of the Regents Workgroup on Improving the Preparation, Recruitment, and Retention of Teachers in Urban Settings – The Committee discussed the seven recommendations of the workgroup, which collectively, seek to strengthen instruction and support the work of urban teachers throughout their teaching careers beginning with preparation followed by recruitment and induction through to retention and professional development. The recommendations of the Workgroup will help to inform strategies for strengthening teacher and school leader preparation that will be advanced by the Commissioner and senior leadership and will also be considered as part of the State’s Race to the Top proposal.
The Role of Cultural Institutions Role in Teacher Preparation and Professional Development – A panel of leaders in the cultural education community shared ways in which cultural institutions can support the preparation of new teachers and professional development, especially in shortage areas and in high needs schools.
Panelists included Dr. Maritza Macdonald, Director of Education Policy for the American Museum of Natural History; Ms. Sonnet Takahisa, Director of Education at the National September 11 Memorial & Museum; Dr. Ronald Thorpe, Vice President and Director of Education at WNET.org; and Mr. John S. Weber, Dayton Director of the Francis Young Tang Teaching Museum and Art Gallery at Skidmore College
Certification of Teachers of Students with Disabilities - The Committee discussed potential opportunities for streamlining the certification structure for teachers of students with disabilities and working to increase the supply of teachers of students with disabilities in grades 7-12. The Committee also provided guidance for helping to ensure teachers are adequately prepared to serve the learning needs of all students, as well as potential models for improving efforts to ensure that students with disabilities are educated to high standards in content areas and receive the support services they need to be successful. The discussion will help to inform next steps and recommendations for strengthening teaching now under development under the Commissioner’s leadership.
REGENTS COMMITTEE ON PROFESSIONAL PRACTICE
Your Professional Practice Committee held its scheduled meeting on October 19, 2009. All Committee members were present, except Regent Saul B. Cohen and Regent Anthony S. Bottar, who were excused.
ACTION ITEMS
Professional Discipline Cases
Your Committee recommends that the reports of the Regents Review Committees, including rulings, findings of fact, determinations as to guilt, and recommendations, by unanimous or majority vote, contained in those reports which have been distributed to you, be accepted in 3 cases. In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 29 consent order applications and 8 surrender applications be granted.
In the case of Marcy J. Bishop, Registered Professional Nurse, Calendar No. 23237, we recommend that both the caption and the header in the report of the Regents Review Committee be deemed corrected and be deemed to read respondent’s name “Marcy J. Bishop," and not "Mary J. Bishop."
These recommendations are made following the review of 40 cases involving five dentists, five licensed practical nurses, five pharmacists, five registered professional nurses, four certified public accountants, four licensed practical nurses who are also registered professional nurses, three chiropractors, two licensed master social workers, two pharmacies, and one physical therapist.
Restoration Petitions
Voted, that the Board of Regents stay the Order of Revocation of the physician license of Perry Orens, that he be placed on probation for five years under the Terms of Probation attached to the Report of the Committee on the Professions as Exhibit “A,” and that upon satisfactory completion of the probationary period, his license shall be fully restored.
Approvals
Your Committee discussed the public comment received on the emergency amendments to the Commissioner’s regulations and Regents rules relating to the implementation of the new public accountancy law and voted that the emergency action taken at the September 15, 2009 meeting of the Board of Regents, which amended section 29.10 of the Rules of the Board of Regents and section 52.13 of the Regulations of the Commissioner of Education and added a new Part 70 to the Regulations of the Commissioner of Education be repealed, effective October 27, 2009, and that paragraphs (13) and (14) of subdivision (a) and subdivisions (h) and (i) of section 29.10 of the Rules of the Board of Regents be added; that paragraph (1) of subdivision (b) of section 52.13 of the Regulations of the Commissioner of Education be amended; and that sections 70.1 through 70.7 of the Regulations of the Commissioner of Education be repealed and new sections 70.1 through 70.9 be added, as submitted, effective October 27, 2009, as an emergency action upon a finding by the Board of Regents that such action is necessary to preserve the general welfare in order to ensure the immediate adoption of clarifying and corrective revisions to the rule in response to public comment and to otherwise ensure that the emergency revised rule, which implements the requirements of Chapter 651 of the Laws of 2008, is enacted to avoid disruption in the practice of public accountancy.
MOTION FOR ACTION BY FULL BOARD
Madam Chancellor and Colleagues: Your Professional Practice Committee recommends, and we move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on October 19, 2009, copies of which have been distributed to each Regent.
MATTERS NOT REQUIRING BOARD ACTION
Your Committee discussed several topics of interest, including:
- Associate Commissioner's Report/Update – The Associate Commissioner provided an update on current topics of interest, including: a budget update on the need for developing a new OP expenditure plan; an update on social work, mental health practitioner, and 4410 corporate practice issues; a technology update; a discussion concerning the performance of neuropsychological evaluations; and a status report on the professional leadership meeting scheduled for October 20.
VOCATIONAL AND EDUCATIONAL SERVICES FOR INDIVIDUALS WITH DISABILITIES
Your VESID Committee held its scheduled meeting on October 19, 2009. All members were present with the exception of Regents Chapey and Cea who were excused. Chancellor-Emeritus Bennett, Commissioner Steiner, and Regent Brooks Hopkins also attended.
MATTERS NOT REQUIRING BOARD ACTION
The Committee was provided an update on VESID activities related to services to veterans and our collaboration with other state agencies. (VESID (D) 1)
The Committee discussed proposed regulations to amend Section 100.5 of the Regulations of the Commissioner to extend the existing Regents Competency Test (RCT) Safety Net to all eligible students with disabilities entering grade 9 prior to the 2011-12 school year. Following receipt of public comment, the proposed regulations will be acted on at the December 2009 Regents meeting. (VESID (D) 2)
The Committee was presented information on cost containment strategies being implemented by VESID in response to an unprecedented increase in the number of individuals participating in the Vocational Rehabilitation program. (VESID (D) 3)
Appendix I
NEW YORK STATE BOARD OF REGENTS CHARTER ACTIONS
CULTURAL EDUCATION
ABSOLUTE CHARTER
PECONIC PUBLIC BROADCASTING
Southampton, Suffolk County
The board of trustees has petitioned the Board of Regents to form a corporation to construct, own, operate, and maintain a non-profit and non-commercial public radio station on eastern Long Island for providing educational radio programs. The Office of Cultural Education recommends that an absolute charter in the first instance be granted.
AMENDMENT OF CHARTERS
BYRON-BERGEN PUBLIC LIBRARY
Bergen, Genesee County
An absolute charter was granted to this corporation by action of the Board of Regents on May 24, 1985 to operate a library. 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) 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.
RIVERHEAD FREE LIBRARY
Riverhead, Suffolk County
A provisional charter was granted to this corporation by action of the Board of Regents on October 15, 1896 to operate a library. Such provisional was made absolute by Regents action on May 2, 1912. Such absolute charter was amended by Regents action on December 2, 1915. The board of trustees has applied for an amendment to the absolute charter to designate the service area of the library to be the Riverhead Central School District, to designate the Commissioner of Education as agent of the corporation upon whom process in any action or proceeding against it may be served, and to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3). The Office of Cultural Education recommends that the absolute charter be amended accordingly.
PROVISIONAL CHARTERS
CUMSEWOGUE HISTORICAL SOCIETY
Port Jefferson Station, Suffolk County
The board of trustees has petitioned the Board of Regents to form a corporation to encourage, promote and disseminate a greater knowledge among the public of the history of the State of New York and particularly the hamlets of Terryville and Port Jefferson Station, located in the Town of Brookhaven, County of Suffolk, and immediately surrounding area; to collect, own, hold, maintain, preserve, and make available to the public a collection of appropriate historical materials, objects and artifacts; to arrange, create, maintain and promote appropriate historical exhibits and displays; to establish and maintain an historical research collection and archives; to bring together those people interested in history, promote and support historical research and scholarship, sponsor and organize historical and cultural activities, programs and events for the public, and issue publications in any format; to encourage the suitable marking of places of historic interest; to acquire by purchase, gift, devise, or otherwise the title to or the custody and control of historic sites and structures, and preserve and maintain such sites and structures; to cooperate with the Historical Society of Greater Port Jefferson in projects and activities of mutual interest; and to cooperate with county and state officials and historical organizations to collect and preserve materials of countywide and statewide significance. The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.
THOMAS COLE HISTORIC HOUSE
Catskill, Greene County
The board of trustees has petitioned the Board of Regents to form a corporation to acquire, own, operate and maintain “Thomas Cole Historic House,” known as “Cedar Grove,” the home and property of the artist Thomas Cole, a national historic site, in the Village of Catskill, County of Greene, as a historic house museum and site open to the public; to collect, own, hold, maintain, preserve and make available appropriate historical objects and artifacts of Thomas Cole, the Hudson River School of Art, and related fields of art, culture and history; to advocate for and support the conservation, preservation, restoration, interpretation and improvement of “Thomas Cole Historic House,” for the benefit of the public for this and future generations; to operate and maintain a visitor center at “Thomas Cole Historic House,” dedicated to the life and work of Thomas Cole, the Hudson River School of Art, and related fields of art, culture and history; to offer educational programs to visitors and other individuals, and to encourage and sponsor appropriate scholarly research and publications; to participate in regional activities that enhance the economic well-being of the region and that are in keeping with the corporate purposes of “Thomas Cole Historic House;” and to cooperate with the Greene County Historical Society in projects and activities of mutual interest. The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.
EXTENSION OF CHARTERS
THE CHILDREN’S MARITIME MUSEUM AT PORT JEFFERSON
Crestwood, Westchester County
A provisional charter was granted to this corporation by action of the Board of Regents on May 18, 2004 to operate a museum. 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.
CRESTWOOD HISTORICAL SOCIETY
Crestwood, Westchester County
A provisional charter was granted to this corporation by action of the Board of Regents on March 23, 2004 to operate an historical society. 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.
LEON HISTORICAL SOCIETY
Leon, Cattaraugus County
A provisional charter was granted to this corporation by action of the Board of Regents on February 8, 2000 to operate an historical society. 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.
DISSOLUTION OF CHARTERS
CROOKED LAKE HISTORICAL SOCIETY
Hammondsport, Steuben County
A provisional charter was granted to this corporation by action of the Board of Regents on March 20, 1987 to operate an historical society. Such provisional charter was extended by Regents action on February 19, 1993. The board of trustees has petitioned the Board of Regents for the dissolution of the charter as the corporation has not acted as an independent organization since its members did not renew their membership. The corporation has no remaining assets and all taxes payable by the corporation have been paid. The trustees request Regents approval of the transfer of the corporate records to the Steuben County Historical Society. The Office of Cultural Education recommends that the provisional charter of the Crooked Lake Historical Society be dissolved and that the corporate records to be transferred to Steuben County Historical Society.
FOTO PLUS SYNTHESIS
New York, New York County
A provisional charter was granted to this corporation by action of the Board of Regents on January 9, 2007 to operate a museum of photography. The board of trustees has petitioned the Board of Regents for the dissolution of the charter as the corporation was redundant with its German affiliate, Foto+Synthesis e.V., (the “German Affiliate”), and unable to raise funds. The corporation has no remaining assets available for distribution. The Office of Cultural Education recommends that the provisional charter of the Foto Plus Synthesis be dissolved.
NEWARK PUBLIC LIBRARY
Newark, Wayne County
A provisional charter was granted to this corporation by action of the Board of Regents under the corporate name of “Newark Free Public Library” on March 18, 1897 to operate a library. That such provisional charter was made absolute by Regents action on May 8, 1902, and amended on March 25, 1955 to change the corporate name to “Newark Public Library.” The board of trustees has petitioned the Board of Regents for the dissolution of the charter as the corporation has ceased operation and all taxes payable by the corporation have been paid. The trustees request Regents approval of the transfer of the library assets of the Newark Public Library (association town Library) to the Newark Public Library (school district public library), which was incorporated by action of the Board of Regents under an absolute charter in the first instance on October 23, 2006. The Office of Cultural Education recommends that the absolute charter of the New Public Library (association town library) be dissolved and that approval be given to the transfer of its library assets to the New Public Library (school district public library).
CERTIFICATE OF INCORPORATION
WILDLIFE IN TRIBECA
New York, New York County
The board of trustees has petitioned the Board of Regents to form a corporation to educate the public about urban wildlife, wild and feral animals in urban environments and ecosystems; to promote conservation and care of urban wildlife; to engage in and provide educational, scientific, and cultural projects and programs to increase awareness and understanding of the existence, roles, and needs of urban wildlife; to conduct independent and collaborative research, write and publish writings about issues relating to urban wildlife; to develop and provide educational materials and policy recommendations for protecting and conserving urban wildlife to individuals, businesses, educational institutions, governmental agencies, associations, and other organizations; to protect and promote the rights and interests of urban wildlife through advocacy; and the corporation is not authorized to operate or maintain a library, archives, museum or a historical society, or to own or hold collections in connection therewith. The Office of Cultural Education recommends that a certificate of incorporation be issued.
APPLICATION FOR REGENTS CONSENT TO FILE A CERTIFICATE OF ASSUMED NAME
DISCOVERY CENTER OF SCIENCE & TECHNOLOGY
Syracuse, Onondaga County
A provisional charter was granted to this corporation by action of the Board of Regents on October 19, 1979 to operate a science and technology center. Such provisional charter was made absolute by Regents action on February 25, 1983. The board of trustees has requested that the Board of Regents consent to the filing of certificates of assumed names pursuant to General Business Law §130 to authorize the corporation to use the assumed names “Milton J. Rubenstein Museum of Science & Technology” and “Museum of Science & Technology (MOST).” The Office of Cultural Education recommends that the consent of the Board of Regents to the filing of such certificates of assumed names be granted.
ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION
AMENDMENT OF CHARTERS
ANNUR ISLAMIC SCHOOL
Schenectady, Schenectady County
A provisional charter was granted to this corporation by action of the Board of Regents on June 26, 1992 to operate a kindergarten, and a grade one through six elementary school. Such provisional charter was amended and, as so amended, extended by Regents action on July 23, 1993 and extended on April 27, 1999. Such provisional charter was amended and extended by Regents action on July 21, 2004 and May 23, 2006. The board of trustees has applied for an amendment to the provisional charter to specify that this will be a membership corporation, and that the sole member will be The Islamic Center of the Capital District, and as so amended, be extended. The Office of Nonpublic School Services recommends that the provisional charter be amended accordingly and, as so amended, be extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.
PROVISIONAL CHARTERS
THE LANG SCHOOL
Brooklyn, Kings County
The board of trustees has petitioned the Board of Regents to form a corporation to operate an elementary and middle school for children between the ages of five and thirteen who are gifted and have high potential, but who require specially designed instruction because of learning disabilities, other educational disabilities or atypical learning styles. 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 and the Office of Professions recommends that a provisional charter be granted for a period of three years.
OAK TREE PRESCHOOL
Geneseo, Livingston 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. The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.
EXTENSION OF CHARTERS
ALL SAINTS ELEMENTARY OF TIPPERARY HILL
Syracuse, Onondaga County
A provisional charter was granted to this corporation by action of the Board of Regents on July 26, 2006 to operate a pre-kindergarten, kindergarten, a grade one through six elementary school, and a day care center. 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.
CHILDREN AT PLAY EARLY INTERVENTION CENTER
Staten Island, Richmond County
A provisional charter was granted to this corporation by action of the Board of Regents on January 12, 2004 to operate and maintain special education and ancillary educational programs and services to pre-school and school-age children with disabilities. Such provisional charter was extended by Regents action on January 9, 2007. The board of trustees has petitioned for an extension of the provisional charter. 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 extension thereof does not constitute approval for State funding for programs and services under the jurisdiction of VESID. The Office of Nonpublic School Services recommends that the provisional charter be 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.
DISSOLUTION OF CHARTERS
GIANT STEP NURSERY SCHOOL
Freeport, Nassau County
A provisional charter was granted to this corporation by action of the Board of Regents on June 29, 1973 to operate a nursery school. Such provisional charter was made absolute by Regents action on January 26, 1977. The board of trustees has petitioned the Board of Regents for the dissolution of the charter due to the lack of enrollment. All taxes payable by the corporation have been paid. The Office of Nonpublic School Services recommends that the provisional charter of the Giant Step Nursery School be dissolved.
GLORY TO GOD CHRISTIAN HIGH SCHOOL
Freeport, Nassau County
A provisional charter was granted to this corporation by action of the Board of Regents on February 11, 2003 to operate a grade nine through twelve secondary school. Such provisional charter was amended, and as so amended, extended by Regents action on July 21, 2004 and July 26, 2006. The board of trustees has petitioned the Board of Regents for the dissolution of the charter because the corporation is no longer in operation; for approval to transfer students records to Liberty High School, Liberty, New York; and for approval to distribute the remaining assets, after the payment of any liabilities, to Lighthouse Ministries. The Office of Nonpublic School Services recommends that the provisional charter of the Glory to God Christian High School be dissolved, and that approval be given to the transfer of student records and to the distribution of the remaining assets as requested.
Appendix II
REGENTS ACTIONS IN 40 PROFESSIONAL DISCIPLINE CASES
AND 1 RESTORATION PETITION
October 19-20, 2009
The Board of Regents announced disciplinary actions resulting in the surrender of 7 licenses and 1 registration, and 32 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. SURRENDERS
Chiropractic
Jason R. Kaplan; Newtown, PA 18940; Lic. No. 007462; Cal. No. 24594; Application to surrender license granted. Summary: Licensee admitted to charges of having been convicted of Conspiracy to Commit Mail and Wire Fraud; Mail Fraud; Wire Fraud; False Statements Relating to Health Care Matters; Health Care Fraud; and Conspiracy to Commit Money Laundering; all felonies.
Christopher G. King; Goshen, NY 10924; Lic. No. 009461; Cal. No. 24775; Application to surrender license granted. Summary: Licensee admitted to charges of having been convicted of 2 counts of Attempted Forcible Touching, a misdemeanor.
Nursing
Gabrielle Pasquarelli; Licensed Practical Nurse; Jericho, NY 11753-2645; Lic. No. 090045; Cal. No. 24722; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted of 1 count of Grand Larceny in the 3rd Degree, a class D felony.
Faye C. Thomas; Licensed Practical Nurse; Rochester, NY 14611; Lic. No. 238856; Cal. No. 24811; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted of Grand Larceny in the 4th Degree.
Pharmacy
3-9 Drugs, Inc. d/b/a Farmacia Central; Pharmacy; 102 Nagle Avenue, New York, NY 10040; Reg. No. 017397; Cal. No. 24679; Application to surrender registration granted. Summary: Registrant admitted to charges of operating a pharmacy without a supervising pharmacist; dispensing prescription-required medications by an unlicensed person; and holding for sale expired drugs.
Steven Joseph Freifeld; Merrick, NY 11566; Lic. No. 041753; Cal. No. 24773; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted of Conspiracy to Distribute Stolen Goods in Interstate Commerce, a felony.
Public Accountancy
Michael Murphy Lowther a/k/a Michael Lowther; Certified Public Accountant; Houston, TX 77094; Lic. No. 076020; Cal. No. 24514; Application to surrender license granted. Summary: Licensee did not contest the charge that he voluntarily consented to a suspension of his authority to appear or practice as an accountant before the United States Securities and Exchange Commission.
Martin S. Bodner; Certified Public Accountant; Port Washington, NY 11050; Lic. No. 032590; Cal. No. 24682; Application to surrender license granted. Summary: Licensee admitted to charges of having been convicted of Mail Fraud and Wire Fraud, both felonies.
II. OTHER REGENTS DISCIPLINARY ACTIONS
Chiropractic
Thomas F. Miceli; Farmingville, NY 11738; Lic. No. 002908; Cal. No. 24625; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $3,000 fine.
Dentistry
Robert Fred Winegarden; New York, NY 10016; Lic. No. 030351; Cal. No. 23304; Application for consent order granted; Penalty agreed upon: Partial actual suspension in certain area until successfully complete certain course of retraining in said area, 2 years probation, $5,000 fine.
Jarrett Brian Turk; New York, NY 10016; Lic. No. 042378; Cal. No. 23430; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation.
Martin Jay Thaler; Monsey, NY 10952-1707; Lic. No. 037408; Cal. No. 24600; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $10,000 fine.
Kenneth John Raczka; Buffalo, NY; Lic. No. 029663; Cal. No. 24614; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $3,000 fine.
Konstantin Grigoryevich Levin; Brooklyn, NY 11220; Lic. No. 047174; Cal. No. 24659; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $10,000 fine.
Nursing
Kathleen A. Whalen; Licensed Practical Nurse, Registered Professional Nurse; Buffalo, NY 14220-2618; Lic. Nos. 179923, 382457; Cal. Nos. 24312, 24313 ; 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 payable within 6 months.
Wilma Enith Perez-Mallory a/k/a Wilma E. Perez-Mallory a/k/a Wilma E. Mallory a/k/a Wilma Perez-Mallory; Licensed Practical Nurse; Poughkeepsie, NY 12601; Lic. No. 226007; Cal. No. 24488; Found guilty of professional misconduct; Penalty: Indefinite suspension until fit to practice, upon termination of suspension probation 2 years to commence upon return to practice.
Kelly A. Wilkins a/k/a Kelly Ann Roach; Licensed Practical Nurse, Registered Professional Nurse; Yonkers, NY 10703; Lic. Nos. 255305, 503039; Cal. Nos. 24490, 24489; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $250 fine.
Margaret Jane Contro a/k/a Margaret Jane Calta; Registered Professional Nurse; Windsor, NY 13865; Lic. No. 479585; Cal. No. 24547; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.
Starr L. Masten; Licensed Practical Nurse; Belmont, NY 14813; Lic. No. 224091; Cal. No. 24557; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $250 fine.
Christopher W. Handy; Licensed Practical Nurse, Registered Professional Nurse; Mt. Morris, NY 14510; Lic. Nos. 241136, 480865; Cal. Nos. 24562, 24561; 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 payable within 90 days.
Patricia Ann Holohan; Registered Professional Nurse; Elmhurst, NY 11373-3949; Lic. No. 486205; Cal. No. 24608; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $1,500 fine.
Yvonne Hodge; Licensed Practical Nurse, Registered Professional Nurse; South Ozone Park, NY 11420; Lic. Nos. 170462, 464493; Cal. Nos. 24617, 24618; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $1,500 fine.
Aretha E. Hamlin-Hardy; Registered Professional Nurse; Hempstead, NY 11550-6917; Lic. No. 593005; Cal. No. 24652; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.
Eleise A. Gordon; Registered Professional Nurse; Mt. Vernon, NY 10553-1332; Lic. No. 248673; Cal. No. 24657; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.
Dawn Marie Lowe; Licensed Practical Nurse; Medford, NY 11763; Lic. No. 234445; Cal. No. 24782; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $1,000 fine.
Pharmacy
Rite Aide of New York, Inc.; Pharmacy; 4046 Broadway, New York, NY 10032-1517; Reg. No. 024613; Cal. No. 24593; Application for consent order granted; Penalty agreed upon: $10,000 fine.
Denice A. Brady; Lake Placid, NY 12946; Lic. No. 034653; Cal. No. 24595; Application for consent order granted; Penalty agreed upon: 2 month actual suspension, 22 month stayed suspension, 2 years probation, $2,500 fine.
Sharon A. Leary; Hamburg, NY 14075; Lic. No. 029583; Cal. No. 24609; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,000 fine.
Mark S. Sherry; Brooklyn, NY 11230; Lic. No. 031354; Cal. No. 24624; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $2,500 fine.
Catherine Helioti; Rochester, NY 14615; Lic. No. 037144; Cal. No. 24641; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $5,000 fine.
Physical Therapy
Tige W. Jones; Quincy, IL 62301; Lic. No. 021424; Cal. No. 24230; Application for consent order granted; Penalty agreed upon: 3 year actual suspension, upon return to practice in New York State 3 years probation, $1,000 fine.
Public Accountancy
Joseph Podhorcer; Certified Public Accountant; Nanuet, NY 10954; Lic. No. 033093; Cal. No. 24390; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $2,500 fine.
Stephen H. Tarnofsky; Certified Public Accountant; Merrick, NY 11566-4949; Lic. No. 043316; Cal. No. 24638; Application for consent order granted; Penalty agreed upon: 6 month actual suspension, 18 month stayed suspension, 2 years probation.
Social Work
Nancy J. Hillsdon; Licensed Master Social Worker; Jericho, NY 11753-2537; Lic. No. 060854; Cal. No. 24506; Found guilty of professional misconduct; Penalty: Indefinite suspension for a minimum of 2 years and until fit to practice, upon termination of indefinite suspension probation 2 years to commence upon return to practice.
Anita Elizabeth Anderson; Licensed Master Social Worker; West Fulton, NY 12194-0068; Lic. No. 057763; Cal. No. 24673; 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.
III. RESTORATION
The Board of Regents voted on October 19, 2009 to stay the revocation of the physician license of Perry A. Orens, Quogue, NY 11959, and to place him on probation for a period of five years under specified terms and conditions. Dr. Orens’s license was originally revoked November 17, 1999.