Meeting of the Board of Regents | April 2010
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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 March 2010 Meeting |
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DATE: |
March 24, 2010 |
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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 March 2010 Meeting of the Board of Regents.
Proposed Handling
Approval of the Summary of the March 2010 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 March 2010 meeting.
Timetable for Implementation
Effective April 20, 2010.
VOTED, that the Summary of the March 2010 Meeting of the Board of Regents of The University of the State of New York be approved.
SUMMARY OF THE MARCH MEETING
OF THE BOARD OF REGENTS
OF
THE UNIVERSITY OF THE STATE OF NEW YORK
Held at the State Education Building
Albany, New York
March 8 and 9, 2010
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, March 8 at 9:10 a.m. and Tuesday, March 9 at 12:05 p.m. pursuant to a call to duty sent to each Regent.
MEETING OF THE FULL BOARD, Monday, March 8, 9:10 a.m.
Board Members in Attendance:
Merryl H. Tisch, Chancellor
Milton L. Cofield, Vice Chancellor
Robert M. Bennett, Chancellor Emeritus
Saul B. Cohen
James C. Dawson
Anthony S. Bottar
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.
Chancellor Merryl H. Tisch called the meeting to order at 9:10 a.m.
ACTION ITEM
State Education Department February 2010 Fiscal Report
BR (A) 4
MOVED, that the Board of Regents accept the February 2010 State Education Department Fiscal Reports as presented.
Motion by: Regent Harry Phillips, 3rd
Seconded by: Regent Saul B. Cohen
Action: Motion carried unanimously
PROGRAM AREA CONSENT ITEM
EMSC
Charter Schools: Proposed Revision to the Initial Charter for Harlem Success Academy Charter School 4
BR (CA) 6
MOVED, that the Board of Regents approves the revision to the initial charter of Harlem Success Academy Charter School 4 as proposed by the Trustees of the State University of New York, and the provisional charter is amended accordingly.
Motion by: Regent James C. Dawson
Seconded by: Regent Geraldine D. Chapey
Action: Motion carried unanimously
DISCUSSION ITEM
SED BUDGET
BR (D) 1
Regent Bendit provided an overview and analysis of the SED budget.
Commissioner’s Monthly Report
Oral
The Chancellor, Commissioner and Senior Deputy expressed appreciation to all who contributed to the Race to the Top application and on the achievement of New York’s ‘finalist’ status.
Elections of Officers
Chancellor Motion: I, Robert M. Bennett, nominate Merryl H. Tisch for the office of Chancellor of the Board of Regents for the period April 1, 2010 through March 31, 2013.
Seconded by: All
Action: Motion carried unanimously
Vice Chancellor Motion: I, Harry Phillips, 3rd, nominate Milton L. Cofield for the office of Vice Chancellor of the Board of Regents for the period April 1, 2010 through March 31, 2013.
Seconded by: Saul B. Cohen
Action: Motion carried unanimously
Full Board adjourned at 10:00 a.m.
MEETING OF THE FULL BOARD, Tuesday, March 9, 12:05 p.m.
Board Members in Attendance:
Merryl H. Tisch, Chancellor
Robert M. Bennett, Chancellor Emeritus
Saul B. Cohen
James C. Dawson
Anthony S. Bottar
Geraldine D. Chapey
Harry Phillips, 3rd
Joseph E. Bowman, Jr.
James R. Tallon, Jr.
Roger Tilles
Charles R. Bendit
Betty A. Rosa
Lester W. Young, Jr.
Christine D. Cea
Wade S. Norwood
Also present were the 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. Vice Chancellor Milton L. Cofield and Regent Karen Brooks Hopkins were absent and excused.
Chancellor Merryl H. Tisch called the meeting to order at 12:05 p.m.
ACTION ITEMS
Charter Applications for February 2010
BR (A) 1
MOVED, that the Regents approve each application in accordance with the recommendations contained in the respective summaries.
Motion by: Regent James C. Dawson
Seconded by: Regent Saul B. Cohen
Action: Motion carried unanimously
Summary of the January 2010 Meeting
BR (A) 2
MOVED, that the Summary of the January 2010 Meeting of the Board of Regents of The University of the State of New York be approved.
Motion by: Regent Saul B. Cohen
Seconded by: Regent James C. Dawson
Action: Motion carried unanimously
Proposed Amendment of Section 3.2 of the Rules of the Board of Regents, relating to the Membership of a Chancellor Emeritus on the
Regents Standing Committee
BR (A) 3
MOVED, that subdivision (b) of section 3.2 of the Rules of the Board of Regents be amended, as submitted, effective March 31, 2010, and it is further
MOVED, that subdivision (b) of section 3.2 of the Rules of the Board of Regents be amended, as submitted, effective March 22, 2010, as an emergency action, upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare in order to ensure that the emergency rule adopted at the December 2009 Regents meeting remains continuously in effect until the effective date of its adoption as a permanent rule.
Motion by: Regent Saul B. Cohen
Seconded by: Regent Harry Phillips, 3rd
Action: Motion carried unanimously
Structuring the State Education Department to Support Success
BR (A) 5
MOVED, that the Regents approve the recommendations concerning the structure of the State Education Department.
Motion by: Regent James R. Tallon, Jr.
Seconded by: Chancellor Emeritus Robert M. Bennett
Action: Motion carried unanimously
2010-2011 Regents Budget Priorities
BR (A) 6
MOVED, that the Board of Regents approve the amended 2010-2011 Regents Budget Priorities.
Motion by: Regent James C. Dawson
Seconded by: Regent Saul B. Cohen
Action: Motion carried unanimously
PROGRAM AREA CONSENT ITEMS
Cultural Education
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 April 14, 2010, as an emergency action to expire and be deemed repealed June 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. Emergency action is also necessary to ensure that the emergency rule remains continuously in effect until it can be adopted and made effective as a permanent rule.
Higher Education
Permission to Operate in New York State: Saint Mary’s College of California
BR (CA) 2
MOVED, that permission be granted to Saint Mary’s College of California, to offer 12 courses from its Bachelor of Arts in Performing Arts program, for a period beginning on March 9, 2010 and ending on March 8, 2015.
Professional Practice
Report of the Committee on the Professions Regarding Licensing Petitions
BR (CA) 3
MOVED, that the Regents approve the recommendations of the Committee on the Professions regarding licensing petitions.
(Re)Appointments of Members to the State Boards for the Professions and (Re)Appointments of Extended Members to the State Boards for the Professions for Service on Licensure Disciplinary and/or Licensure Restoration and Moral Character Panels
BR (CA) 4
MOVED, that the Regents should approve the proposed (re)appointments.
EMSC
Petition of the Watervliet City School District for Consent to Exceed the Constitutional Debt Limit
BR (CA) 5
MOVED, that the Board of Regents hereby give consent to the issuance of bonds and/or bond anticipation notes by the Board of Education of the Watervliet City School District in an amount not to exceed $5,086,000 for technology improvements, and capital improvements consisting of additions to, and reconstruction of, school buildings, grounds and facilities throughout the district and the issuance of such bonds and/or bond anticipation notes in excess of the constitutional debt limit of said school district.
Charter Schools: Initial Charter for the West Buffalo Charter School
BR (CA) 7
MOVED, that the Board of Regents issues a charter and provisional charter to the West Buffalo Charter School for a term of five years, up through and including March 8, 2015.
Motion by: Regent Harry Phillips, 3rd
Seconded by: Regent Geraldine D. Chapey
Action: Motion carried unanimously
DISCUSSION ITEM
Graduation Rates
Oral
Chancellor, Commissioner and Senior Deputy gave an overview of graduation data related to students who started 9th grade in 2001, 2002, 2003, 2004 and 2005.
STANDING COMMITTEE REPORTS
MOVED, that the reports from the Regents Standing Committees be approved as submitted.
Motion by: Regent Anthony S. Bottar
Seconded by: Chancellor Emeritus Robert M. Bennett
Action: Motion carried unanimously
Full Board adjourned at 10:30 a.m.
College and Career Readiness Working Group
Your College and Career Readiness Working Group held its scheduled meeting on March 9, 2010. All Working Group members were present, except for Regent Tilles, who was excused.
ACTION ITEMS
General Educational Development (GED) Program Budget and Policy Considerations
Your College and Career Readiness Working Group recommends that the Board of Regents approves the short-term actions to address immediate budget concerns in the GED program including suspending the $20 reimbursement for testing site contracts, effective July 1, 2010. The Working Group also discussed possible long term actions to address GED policy and budget concerns and endorsed gathering feedback from the field on those recommendations. Members of the Working Group requested that specific recommendations be developed to address the needs of those GED candidates who are 16-18 years old and those who are adults. Regent Bottar asked that the Working Group members get back to him within the next 10 days with any objections they may have to any of the proposed long-term recommendations. The Working Group also endorsed a proposed work plan and meeting schedule for the College and Career Readiness Working Group and staff will work on the details for future meetings. Regent Bottar asked that the Working Group members share with Senior Deputy Commissioner John King ideas that they have for a few issues that the Working Group may be able to work through within the next couple of months and those bigger issues that may necessitate future analysis and discussion by the Board of Regents. [CCR (D) 1]
MOTION FOR ACTION BY FULL BOARD
Madam Chancellor and Colleagues: Your College and Career Readiness Working Group recommends, and I move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Group’s deliberations at its meeting on March 9, 2010, copies of which have been distributed to each Regent.
REGENTS COMMITTEE ON CULTURAL EDUCATION
Regent James C. Dawson, Chair of the Cultural Education Committee, submitted the following written report.
Your Committee on Cultural Education (CE) had its scheduled meeting on March 9, 2010.
In attendance were: Regents Dawson, Bowman, Brooks-Hopkins, and Tilles
Absent: Regent Phillips
In addition to CE Committee Members in attendance: Regent Bendit
ITEMS FOR DISCUSSION
Chair’s Remarks: Regent Dawson welcomed everyone and opened the meeting with a brief update on advocacy efforts.
Deputy’s Report: Deputy Commissioner Jeffrey Cannell greeted everyone and spoke briefly about the Deputy’s OCE Monthly Report that was distributed to the Board of Regents prior to the meeting.
CE (D) 1 - Report on Office of Cultural Education (OCE) Finances/Staffing
Deputy Commissioner Jeffrey Cannell presented an extensive report regarding OCE’s finances; supplemented with handouts that included background information and legislation that was introduced in 2009, Assembly bill A-6883 and Senate bill S-3640. However, as stated, neither of these bills emerged from Committee. Also included, was information regarding CE account’s revenue source and the collapse of; a chart showing trends in the CE account over a twelve-month period including the steady decline in revenue since October 2004.
Mr. Cannell talked about the current status of OCE’S major financial accounts, concerns and issues in maintaining and increasing revenues in the future.
In addition to finances, the report included information regarding current staffing; the inability to fill vacancies and the impact the current fiscal environment has had on staffing issues.
OCE staff requests the Board’s advice in planning for advocacy in the upcoming budget; guidance in longer term remedies for the structural issues as presented; remediate the structural funding shortfall, and continued support of OCE’s goals as presented.
An opportunity for questions and discussion was provided.
CULTURAL EDUCATION TRUSTEESHIP
Regent James C. Dawson, Chair of the Cultural Education Committee, submitted the following written report.
Your Committee on Cultural Education had its scheduled meeting on March 9, 2010.
In attendance were: Regents Dawson, Bowman, and Tilles.
Regent Brooks Hopkins and Phillips were absent.
ITEMS FOR DISCUSSION
Chairs’ Remarks: Regent Dawson greeted everyone and opened the meeting.
Deputy’s Report: Deputy Commissioner Jeffrey Cannell greeted everyone as well.
CET (D) 1 – The Museum’s StateMap Program
Clifford Siegfried, Director and Assistant Commissioner of the New York State Museum provided a brief introduction before introducing presenter, Dr. Andrew Kozlowski, Glacial Geologist\Senior Scientist in the Museum’s New York State Geologic Survey unit.
Dr. Kozlowski provided a comprehensive presentation that also included background information regarding the New York State Geological Survey (NYSGS). Established in 1836 it is the oldest continuously operated geological Survey in the U.S. and pointed out that most other states based their surveys on the New York Model.
As part of the Museum, the NYSGS is unique in that its mission is to collect, archive and disseminate geologic data in useable formats. The principal format has been geologic maps and emphasized that no other state Agency is commissioned to collect and produce geologic maps. It is empowered to engage in scientific research, cooperate with scientific units, agencies of other states, Federal Government, educational institutions and industry, in the discovery, analysis and dissemination of geologic information to the public and all interested parties.
An opportunity for questions and/or comments was extended to the Committee.
CET (D) 2 – Status of Gallery Renewal Projects
Clifford Siegfried, Director and Assistant Commissioner of the New York State Museum provided a detailed overview/presentation that included background information and talked about the current status of the projects. As stated in a previous update, “The current fiscal crisis has put the implementation of the gallery renewal on hold as discussion continues regarding budget and schedule with the NYS Division of Budget.” On June 13, 2008, the Cultural Education Trust Board met and approved moving forward with the gallery renewal; it is recommended that the Board continue its endorsement of the overall direction and scope of the Museum gallery renewals. Handouts were provided.
An opportunity for questions and/or comments was extended to the Committee.
CET (D) 3 – Planned Expansion of State Records Center
Chris Ward, State Archivist and Assistant Commissioner of the New York State Archives, provided a brief overview including background, funding, and current status of this project.
It was recommended that the Board continue:
- to support this effort that will ensure better management of the state’s records by making increased and reasonably priced storage space available to our state agency customers;
- that funding to construct the Records Center be reinstated in the 2010-22 capital budget, and;
- that funding to carry out the architectural design phase of the project be found.
An opportunity for questions and/or comments was extended to the Committee.
CET (D) 4 – Stewardship Collection Facility
Regent Dawson provided a brief update and Jeffrey Cannell, Deputy Commissioner for Cultural Education presented background information regarding the stewardship facility including the Cultural Education Trust Board’s recommendation, in 2007, that the Harriman State Campus be considered as the prime location for the construction on this facility.
It is recommended that the Board or Regents continues to endorse the overall direction and scope of the new stewardship facility plan.
Joint Meeting of CE and EMSC
Regent Dawson called the joint committee to order and introduced Bernard Margolis.
The importance of summer reading: research on summer reading and learning
Margolis thanked the Board of Regents and the Commissioner for keeping the statewide summer reading program, “Summer Reading at New York Libraries” as a top priority of the State Education Department. This ongoing support has enabled the State Library and its many partners to provide rich and long-lasting education and reading opportunities for millions of young New Yorkers through 1,100 local public libraries and neighborhood branches since 1992. One of the desired outcomes for summers of 2010 and 2011 is greater promotion of summer reading by the schools, with a particular focus on reaching those disadvantaged students that may not find their way to the public library on their own.
In response to an earlier request from Chancellor Tisch, the State Library has developed: The Importance of Summer Reading: Research Findings on Summer Reading and Learning. This new White Paper, which is still a DRAFT and a work in progress, highlights key research on the importance of summer reading to long-term student success and achievement. This DRAFT White Paper focuses on four major areas:
- Impact of summer learning loss on disadvantaged students
- Importance of access to books and time for reading
- Importance of successful reading experiences
- Impact of innovative library summer reading programs
Before finalizing and disseminating the White Paper, the State Library seeks feedback and advice from the Regents on:
- The focus and content of the paper – suggested improvements?
- Thoughts on avenues for dissemination and related activities and possible partners to help achieve the desired outcome?
- And, what else might SED do to achieve the desired outcomes?
What’s New for 2010 - Summer Reading at New York Libraries?
In addition to the White Paper and the new program name and logo, several new statewide activities in 2010 will further promote and support “Summer Reading at New York Libraries:”
- Websites: more downloadable materials for librarians, educators, and families; reading lists; research information; and links to further information
- Statewide on-line registration for public library summer reading programs with Evanced software product—the leading national software for summer reading
- Collaborations with school libraries, NYS Public Broadcasting, State Museum, SED, and other education organizations.
- New collaborative activities with the Senate and Assembly to promote summer reading in local communities.
Discussion:
The Joint Committee requested that the State Library expand the White Paper to include policy recommendations with regard to actions to engage partners in the use of the Statewide Summer Reading Program and to integrate summer reading into school curricula, particularly encouraging teachers to provide summer reading lists.
The Joint Committee offered several recommendations for partnerships for expanded outreach of the summer reading program including community summer recreation offices. The committee also encouraged the use of online tools to enable students to share reviews and comments on books they have read.
The Commissioner agreed to provide additional information about a program at the National Endowment for the Arts.
Early Childhood Workgroup
Your Regents Early Childhood Workgroup Committee held its scheduled meeting on March 8, 2010. All Committee members were present (Chancellor Emeritus Bennett and Regents Young, Chappey; Cea; Norwood. Other Board members in attendance were Chancellor Tisch and Regents Tallon, Rosa, Bendit, Phillips, and Dawson.
CONSENSUS ITEMS
Early Childhood Education
Your Workgroup actively engaged in a discussion of two specific issues outlined below in an effort to reach consensus on moving ahead with this critical work:
- Guiding Principles that will drive the development of a theory of action to reform a comprehensive early childhood system; and
- The current provider landscape that represents the diverse system of early care and education for children from birth to age five.
Guiding Principles
Your Workgroup reached consensus on the five guiding principles put forth in the March Regents report: development, quality, access, accountability and transparency as well as the following understandings and recommendations:
- Education is the primary driver for improving New York State’s comprehensive early childhood system.
- Parent involvement is key and wherever possible the Regents should advocate for the reinstatement of federal funding for programs such as the Parent Information Resource Centers (PIRCs).
- Data collection should be an integral part of the P-12 data system. It will be important to collect the most salient data across systems.
- Adult education needs to be embedded as a component of the comprehensive system of early childhood education.
Provider Landscape
Your Workgroup also discussed the diversity of settings where more than 50 percent of children from birth to age five are served. There was a discussion about the differences among the settings, i.e., child care, Head Start, etc. Settings that offer full day programming, and in the case of low income families, those that are free or can be subsidized are most attractive to parents. School districts with universal Prek funding collaborate with many of these early care and education programs as eligible agencies which implement between 40% - 60% of their UPK programs.
Next Steps
Your Workgroup provided a list of external advisors as requested at the previous meeting. The Workgroup proposes that these individuals be invited to offer insight and recommendations as we work collaboratively to build a comprehensive, integrated system of early childhood education in NYS.
Your Workgroup was charged with including the percentages of children in each type of setting statewide at the next Workgroup meeting.
Your Workgroup recommended expanding its efforts by investigating international resources to enhance our work through researchers such as Dr. La Rue Allen and Dr. Sharon Lynn Kagan.
Your Workgroup recommended developing a compelling message that will increase awareness of the roots of early education by presenting scientific evidence of advancements in brain development and other research on early health and development and their impact on later student outcomes.
REGENTS COMMITTEE ON ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION
Your EMSC Committee held its scheduled meeting on March 8, 2010. All Committee members were present.
ACTION ITEMS
Charter School Action
Your Committee recommends that the Board of Regents approves and issues the charter of the Bedford Preparatory Charter School as proposed by the Chancellor of the city school district of the City of New York, and issues a provisional charter to it for a term of five years, up through and including March 8, 2015. [EMSC (A) 1]
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 March 9, 2010, copies of which have been distributed to each Regent.
MATTERS NOT REQUIRING BOARD ACTION
Broadband Access - Update – The Committee was given an update on data concerning broadband access in school buildings in New York State - including a map that shows where the schools are that do not currently meet a 100 mbps standard. New York State’s Office of Cyber-Security and Critical Infrastructure Coordination (CSCIC) is leading the effort in New York State to develop a map showing broadband capacity in “community anchor institutions” (e.g., schools, libraries, hospitals, etc.) and homes across the State. SED is contributing to this mapping effort by providing broadband data for K-12 schools, higher education institutions, and libraries. Members of the Committee suggested additional information and data that would be helpful as the Committee discusses how it wants to address the broadband access issue. Additional information requested included costs associated with getting all schools to the 100 mbps standard, comparison of types of content that can be delivered at different bandwidths, correlation between broadband capacity and school wealth factors, and how many of the schools that do not currently meet a 100 mbps standard are elementary schools vs. high schools. Staff will provide more complete data that includes schools that are not part of the Regional Information Centers (RICs) and the Big 5 school districts to the Regents in April. [EMSC (D) 1]
NYS Assessment Program Reductions – The Committee discussed possible options and cost savings strategies targeted specifically at reducing the costs for the New York State Assessment Program. Staff provided data on the number of students who took the various 3-8 and Regents exams to illustrate the impact of eliminating various tests. The Regents asked for more detail on this data, specifically about which districts tend to have students who take the Regents exams in August and January. The Regents also discussed the possible development of an online assessment program and participating in national assessment consortiums as possible means to achieve long term savings. The Committee will continue this discussion at future meetings. [EMSC (D) 2]
EMSC Budget Imbalance – The Committee began a discussion about the structural imbalance that currently exists between available EMSC resources and costs of the NYS testing program and student data systems. This imbalance has occurred due to reductions in state General Fund support and reliance on federal carryover funds. For 2010-2011 the projected deficit will be $11.5 million and for 2011- 2012 the projected deficit will be $21.3 million. The Committee discussed State and federal funding sources and whether or not those funds are flexible or if they are targeted for specific purposes. Staff identified some possible options for the Regents to consider to address the deficit which include advocating for additional funding and the Regents budget priorities with the Legislature, downsizing the NYS Assessment program, reducing reliance on external vendor contracts by hiring additional staff to do some work “in-house”, reduce the amount of State-level funds that are going to Technical Assistance Centers by bringing the work “in-house.” The Committee will continue this discussion at future meetings. [EMSC (D) 3]
Alternative Pathways to Earning Credit – The Committee approved a conceptual policy on receiving course credit for independent study. Members of the Committee asked that the draft regulations that will be developed to implement this policy include more specificity on which students would be eligible to earn credit through independent study, i.e., would students need to have certain GPA’s, etc., and also what schools could offer independent study options. Draft regulatory language will be brought back to the Regents for discussion in April. [EMSC (D) 4]
REGENTS COMMITTEE ON HIGHER EDUCATION
Your Higher Education Committee held its scheduled meeting on March 8, 2010. All members were present.
MATTERS NOT REQUIRING BOARD ACTION
Amendments of Section 100.2(o) of the Regulations of the Commissioner of Education Relating to the Annual Professional Performance Review for Teachers in the Classroom Teaching Service – The Committee discussed the existing Annual Professional Performance Review for teachers regulation and the need to change the regulations to conform to commitments made in New York's Race to the Top application. These changes include adding performance rating categories, a requirement for timely evaluation feedback to each teacher, and student achievement and student growth as criteria in a teacher's evaluation. These changes will be before the Committee in April for emergency action.
Online Education in Higher Education in New York – The Committee discussed the development and status of higher education’s use of online learning, including examples of best practices at colleges and universities around the State.
OHE Budget Discussion – The Committee reviewed the proposed budget for the Office of Higher Education and its impact the functions of the office. We discussed what actions may need to be taken in the absence of adequate State funding to support the Office. Some functions may need to be eliminated, staff may need to be reassigned and turnaround time with our customers will be significantly impacted. The Deputy Commissioner will continue to update the Committee on changes that may have to occur to ensure continuity in the Office's operation.
Joint Meeting of HE, EMSC and VESID
Students with Disabilities Teacher Certification - As part of their ongoing review of teacher policy, the Joint Committees of Higher Education; Elementary, Middle, Secondary and Continuing Education; and the Vocational and Educational Services for Individuals with Disabilities discussed concerns about the current special education certification structure not meeting the needs of students with disabilities in the State, especially at the adolescence level where there are documented shortages. This month the Committees discussed a framework to modify the structure of certification categories to create a 7-12 Generalist certificate and plans to create more flexibility for special educators to move between developmental levels.
REGENTS COMMITTEE ON PROFESSIONAL PRACTICE
Your Professional Practice Committee held its scheduled meeting on March 9, 2010. All Committee members were present, except for Chancellor Merryl H. Tisch who was excused. Regent Wade Norwood also attended the meeting.
ACTION ITEMS
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 4 cases with a clarification in one of those cases. In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 17 consent order applications and 8 surrender applications be granted.
In the case of Vincent A. D’Addio, Dentist, Calendar No. 24277, we recommend that the revocation of the respondent’s license be clarified, in agreement with the recommendation of the Regents Review Committee, respondent’s license to practice dentistry in the State of New York be revoked upon each of the two specifications of the charges of which respondent is found guilty, and said revocation be imposed for each of the reasons specified by the Regents Review Committee in taking a more serious view of the penalty than was taken by the hearing panel, including but not limited to the progressive discipline being imposed for this latest professional disciplinary proceeding against respondent and the severity of the guilt found under the first specification of the charges, and for the additional reason that there is a close proximity in time between respondent’s commission of the conduct, over a two-month period in 2003, that resulted in his conviction for the crime set forth in the first specification of the charges herein of Attempted Aiding and Abetting the Unauthorized Practice of a Profession and the last disciplinary action imposed upon respondent during the same year of 2003.
These recommendations are made following the review of 29 cases involving four licensed practical nurses, four registered professional nurses, three dentists, three professional engineers, two acupuncturists, two licensed practical nurses who are also registered professional nurses, two pharmacists, two pharmacies, one licensed clinical social worker, one ophthalmic dispenser, one professional engineer corporation, one psychologist, and one veterinarian. [PPC EXS (A) 1-3]
Restoration Petitions
Voted, that the Board of Regents grant the application of Frank J. Ballesteros for restoration of his license to practice as a physician in the State of New York, provided that, should Dr. Ballesteros wish to practice in New York, he so notify the Director of the Office of Professional Medical Conduct prior to beginning practice in New York and be placed on probation at that time for a period of three years under the terms and conditions specified in the Terms of Probation attached as Exhibit “A” to the Report of the Committee on the Professions. [PPC EXS (A) 4]
Voted, that the Board of Regents stay the Order of Revocation of Kildare Clarke’s license to practice as a physician in the State of New York and place him on probation for three 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 be fully restored. [PPC EXS (A) 5]
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 March 9, 2010, copies of which have been distributed to each Regent.
MATTERS NOT REQUIRING BOARD ACTION
Your Committee discussed several topics of interest, including:
- Deputy Commissioner’s Report – Frank Muñoz updated the Committee members on various OP issues, including:
- proposed legislation establishing a registration process for the continuation of mental health services by various entities currently providing such services;
- proposed changes in the experience requirements for licensure as a licensed clinical social worker;
- the status of OP’s technology initiatives; and
- staffing and budget issues. [Oral Report]
- Online Learning and the Licensed Professions – The Committee discussed the advantages of and challenges associated with the use of online learning in the didactic and clinical training of licensed professionals. [PPC (D) 1]
REGENTS COMMITTEE ON VOCATIONAL AND EDUCATIONAL SERVICES FOR INDIVIDUALS WITH DISABILITIES
Your VESID Committee held its scheduled meeting on March 8, 2010. All
members were present. Also attending were Chancellor Emeritus Bennett, Regent Brooks Hopkins, Commissioner Steiner and Senior Deputy Commissioner John King.
MATTERS NOT REQUIRING BOARD ACTION
The Deputy Commissioner discussed with the Committee the impact of the current fiscal climate on VESID’s work to implement the requirements of the federal Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act (IDEA) and stressed how critical it is that we maintain the necessary staff resources and expertise to meet the challenges of our responsibilities and ensure continued receipt of federal IDEA and Rehabilitation Act funds to New York State. (VESID (D) 1)
Appendix I
NEW YORK STATE BOARD OF REGENTS CHARTER ACTIONS
CULTURAL EDUCATION
ABSOLUTE CHARTERS
BOONVILLE BLACK RIVER CANAL MUSEUM
Boonville, Oneida County
A provisional charter was granted to this corporation by action of the Board of Regents under the corporate name “Black River Canal Museum” on December 12, 2003. Such provisional charter was amended by Regents action on February 12, 2007 to change the corporate name to “Boonville Black River Canal Museum.” The board of trustees has applied for an absolute charter. The Office of Cultural Education recommends that the provisional charter be made absolute.
HURLEY HERITAGE SOCIETY
Hurley, Ulster County
A provisional charter was granted to this corporation by action of the Board of Regents on February 12, 2002. The board of trustees has applied for an absolute charter. The Office of Cultural Education recommends that the provisional charter be made absolute.
THE LONG ISLAND REPUBLIC AIRPORT HISTORICAL SOCIETY
East Farmingdale, Suffolk County
A provisional charter was granted to this corporation by action of the Board of Regents on February 20, 1987. Such provisional charter was extended by Regents action on March 27, 1992, February 8, 2000, and July 28, 2009. The board of trustees has applied for an absolute charter. The Office of Cultural Education recommends that the provisional charter be made absolute.
WESTVILLE HISTORICAL ORGANIZATION
Constable, Franklin County
A provisional charter was granted to this corporation by action of the Board of Regents on July 19, 2001. The board of trustees has applied for an absolute charter. The Office of Cultural Education recommends that the provisional charter be made absolute.
AMEND AND MAKE ABSOLUTE
TOWN OF ESOPUS PORT EWEN LIBRARY
Esopus, Ulster County
A provisional charter was granted to this corporation by action of the Board of Regents on December 16, 1994 to operate a library. The board of trustees has applied for an amendment to the provisional charter to change the trustee term length to three years and to change the corporate name to “Town of Esopus Library,” and as so amended, that the charter be made absolute. The Office of Cultural Education recommends that the charter be amended accordingly, and as so amended, made absolute.
TOWN OF MAMAKATING LIBRARY DISTRICT
Wurtsboro, Sullivan County
A provisional charter was granted to this corporation by action of the Board of Regents on March 23, 2004 to operate a library. The board of trustees has applied for an amendment to the provisional charter to change the corporate name to “Mamakating Library” and to specify the number of trustees to be not less than five nor more than fifteen, and as so amended, that the charter be made absolute. The Office of Cultural Education recommends that the provisional charter be amended accordingly, and as so amended, made absolute.
AMENDMENT OF CHARTERS
MILFORD FREE LIBRARY
Milford, Otsego County
A provisional charter was granted to this corporation by action of the Board of Regents on January 3, 1924 to operate a library, and was made absolute on March 29, 1974. Such absolute charter was amended by Regents action on January 12, 2010. The board of trustees has applied for an amendment to the absolute charter to change the term of office of the trustees from four years to five years. The Office of Cultural Education recommends that the absolute charter be amended accordingly.
RED CREEK FREE LIBRARY
Red Creek, Wayne County
A provisional charter was granted to this corporation by action of the Board of Regents on June 17, 1938 to operate a library. Such provisional charter was extended by Regents action on January 17, 1947, January 25, 1952, April 25, 1957, and January 25, 1962, made absolute on September 26, 1969, and amended on October 15, 1993. The board of trustees has applied for an amendment to the absolute charter to designate the service area of the library to the Village of Red Creek, and to specify the number of trustees to be not less than five nor more than fifteen. The Office of Cultural Education recommends that the absolute charter be amended accordingly.
WNYC RADIO
New York, New York County
On March 11, 1997, WNYC Foundation, a not-for-profit corporation, was consolidated with The WNYC Broadcasting Foundation, which received an absolute charter in the first instance on December 15, 1995, and an absolute charter in the first instance was granted to WNYC Foundation, as the surviving corporation, and amended to change the corporate name to “WNYC Radio.” The board of trustees has applied for an amendment to the absolute charter to change the corporate name to “New York Public Radio.” The Office of Cultural Education recommends that the absolute charter be amended accordingly.
DISSOLUTION OF CHARTER
SODUS FREE LIBRARY
Sodus, Wayne County
A provisional charter was granted to this corporation by action of the Board of Regents under the corporate name “Sodus Circulating Library” on October 17, 1907. Such provisional charter was made absolute by Regents action on May 2, 1912 and was amended by Regents action on February 23, 1927 to change the corporate name to “Sodus Free Library,” and further amended on October 20, 2008. The board of trustees has petitioned the Board of Regents for dissolution because the corporation is no longer in operation and all taxes payable by the corporation have been paid The trustees request Regents approval of the transfer of the library assets to the Sodus Community Library. The Office of Cultural Education recommends that the absolute charter of the Sodus Free Library be dissolved and the transfer of the library’s assets to the Sodus Community Library be approved as requested.
CERTIFICATE OF INCORPORATION
FRIENDS OF THE CASTLETON PUBLIC LIBRARY
Castleton, Rensselaer County
The board of trustees has petitioned the Board of Regents to form a corporation to promote and support the Castleton Public Library and to raise and receive funds to provide supplemental financial assistance for special materials and activities for the library. The Office of Cultural Education recommends that a certificate of incorporation be issued.
ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION
AMENDMENT OF CHARTER AND APPLICATION FOR REGENTS CONSENT TO FILE A CERTIFICATE OF ASSUMED NAME
THE ROSS SCHOOL
East Hampton, Suffolk County
A provisional charter was granted to this corporation by action of the Board of Regents on July 23, 1993 to operate a school. Such provisional charter was amended and extended by Regents action on September 20, 1996 and made absolute on September 15, 2000. Such absolute charter was consolidated by Regents action on May 23, 2006 with the Morriss Center School, an education corporation, with The Ross School being the surviving corporation. Such absolute charter was amended on December 16, 2008 to restate the corporate purposes. The board of trustees has applied for an amendment to the absolute charter to change the corporate name to the “Ross Institute” and to also add authority for the corporation to foster educational research worldwide and develop, implement and disseminate innovative curricular, pedagogical methods and theories and best practices in education. In addition, the board of trustees has requested that the Board of Regents consent to the filing of a certificate of assumed name pursuant to General Business Law §130 to authorize the corporation to use the assumed name “Ross School." The Office of Nonpublic School Services recommends that the absolute charter be amended accordingly and that the consent of the Board of Regents to the filing of such certificate of assumed name be granted.
AMENDMENT AND EXTENSION OF CHARTER
BROOKLYN AUTISM CENTER ACADEMY
Brooklyn, Kings County
A provisional charter was granted to this corporation by action of the Board of Regents on March 19, 2007 to operate a kindergarten and a grades one through six elementary school for autistic children. Such provisional charter was amended by Regents action on September 16, 2008. The board of trustees has applied for an amendment to the provisional charter to add authority for the corporation to also operate a grades 7 through 12 school for autistic children, utilizing behavioral strategies to address the specific needs and challenges of autistic children, and to change the corporate address to 109 Remsen Street, Brooklyn, New York 11201. 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.
Appendix II
REGENTS ACTIONS IN 29 PROFESSIONAL DISCIPLINE CASES
AND 2 RESTORATION PETITIONS
MARCH 8-9, 2010
The Board of Regents announced disciplinary actions resulting in the revocation of 2 licenses, surrender of 8 licenses, and 19 other disciplinary actions. The penalty indicated for each case relates solely to the misconduct set forth in that particular case. In addition, the Board acted upon 2 restoration petitions.
I. REVOCATIONS AND SURRENDERS
Acupuncture
Boyuan Lin; Larchmont, NY 10538; Lic. No. 000947; Cal. No. 24994; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted of Grand Larceny in the 3rd Degree.
Dentistry
Vincent A. D’Addio; Bronx, NY 10469; Lic. No. 030134; Cal. No. 24277; Found guilty of professional misconduct; Penalty: Revocation.
Jacinto Alonzo Martinez a/k/a Jacinto Martinez; New York, NY 10027; Lic. No. 046959; Cal. No. 24899; Found guilty of professional misconduct; Penalty: Revocation.
Engineering and Land Surveying
Michael Ralph Sterlacci; Professional Engineer; Ossining, NY 10562-3640; Lic. No. 049424; Cal. No. 24951; Application to surrender license granted. Summary: Licensee admitted to charges of having been convicted of Scheme to Defraud in the 1st Degree, a class E felony; Offering a False Instrument for Filing in the 1st Degree, a class E felony; and Conspiracy in the 4th Degree, a class E felony.
Nursing
Dominic A. Bonanza; Registered Professional Nurse; Clayville, NY 13322; Lic. No. 544088; Cal. No. 24861; Application to surrender license granted. Summary: Licensee did not contest the charge of having been convicted of Possession of Cocaine with Intent to Distribute.
Jordan Belkin; Registered Professional Nurse; Jersey City, NJ 07302; Lic. No. 575634; Cal. No. 24879; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted of Sexual Abuse in the 3rd Degree, a class B misdemeanor.
Bernadette Boamah; Licensed Practical Nurse, Registered Professional Nurse; Valley Stream, NY 11581, Rockaway Beach, NY 11693; Lic. Nos. 269345, 541058; Cal. Nos. 24966, 24967; Application to surrender licenses granted. Summary: Licensee did not contest the charge of making fraudulent entries in patient records.
Kevin Patrick Roberts; Licensed Practical Nurse; Glens Falls, NY 12801; Lic. No. 246982; Cal. No. 24977; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted of Petit Larceny and Grand Larceny in the 4th Degree.
Psychology
Roy A. Nisenson; Psychologist; Somers, CT 06071; Lic. No. 004494; Cal. No. 24940; Application to surrender license granted. Summary: Licensee did not contest charges of having been convicted of 4th Degree Sexual Assault in the State of Connecticut and of Violation of Probation.
II. OTHER REGENTS DISCIPLINARY ACTIONS
Acupuncture
Jacob Jianqi Zong a/k/a Jianqi Jacob Zong; Flushing, NY 11355; Lic. No. 001721; Cal. No. 23566; Found guilty of professional misconduct; Penalty: 12 month suspension, execution of last 11 months of suspension stayed; probation 11 months, $5,000 fine.
Dentistry
Igor Klebanov; Brooklyn, NY 11214; Lic. No. 045540; Cal. No. 24828; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $3,000 fine.
Engineering and Land Surveying
Anthony Cecil Reneaud; Professional Engineer; Brooklyn, NY 11226; Lic. No. 072822; Cal. No. 24769; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $7,500 fine.
Hsin Eugene Chao; Professional Engineer; Fresh Meadows, NY 11366; Lic. No. 070181; Cal. No. 24906; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, 1 year probation, $500 fine.
HEC Engineering, P.C.; 41-25 Kissena Blvd., #108,Flushing, NY 11355; Cal. No. 24907; Application for consent order granted; Penalty agreed upon: $500 fine payable within 60 days.
Nursing
Bevin Michelle Taillon; Registered Professional Nurse; Potsdam, NY 13676; Lic. No. 567772; Cal. No. 24704; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.
Jan Koenig; Licensed Practical Nurse, Registered Professional Nurse; Glenmont, NY 12077; Lic. Nos. 126503, 340653; Cal. Nos. 24807, 24808; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation to commence when and if return to practice, $500 fine payable within 4 months.
Moselle Amelia Whitehead a/k/a Moselle A. Whitehead; Licensed Practical Nurse; Buffalo, NY 14215; Lic. No. 292818; Cal. No. 24848; Application for consent order granted; Penalty agreed upon: 2 month actual suspension, 22 month stayed suspension, 2 years probation to commence upon return to practice, $500 fine.
Heather Marie Wiggins; Licensed Practical Nurse; Elmira, NY 14903-1023; Lic. No. 294063; Cal. No. 24850; Application for consent order granted; Penalty agreed upon: 2 month actual suspension, 22 month stayed suspension, 2 years probation to commence upon return to practice, $250 fine.
Norman Allen Smith II; Licensed Practical Nurse; Peekskill, NY 10566-2709; Lic. No. 273666; Cal. No. 24931; Application for consent order granted; Penalty agreed upon: 2 month actual suspension, 22 month stayed suspension, 2 years probation to commence if and when return to practice, $250 fine payable within 2 months.
Mary Ellen Pace; Registered Professional Nurse; Redondo Beach, CA 90277; Lic. No. 532421; Cal. No. 24942; Application for consent order granted; Penalty agreed upon: 9 month actual suspension, 15 month stayed suspension, 2 years probation to commence upon return to practice in State of New York, $500 fine.
Ophthalmic Dispensing
Clifford Kaplan; Far Rockaway, NY 11691; Lic. No. 003855; Cal. No. 24537; Found guilty of professional misconduct; Penalty: 2 year suspension, execution of suspension stayed, probation 2 years.
Pharmacy
Jack Croccia; Bronxville, NY 10708; Lic. No. 019170; Cal. No. 23870; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, 1 year probation, $500 fine.
Jeeva Thomas; Brewster, NY 10509; Lic. No. 043438; Cal. No. 24264; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $5,000 fine.
Rio Drugs Inc.; Pharmacy; 701 Broadway, Brooklyn, NY 11206; Reg. No. 027631; Cal. No. 24449; Application for consent order granted; Penalty agreed upon: $7,500 fine payable within 30 days.
Courtesy Drugs and Surgical, Inc. d/b/a Courtesy Drugs; Pharmacy; 609 Main Street, Farmingdale, NY 11735; Reg. No. 029231; Cal. No. 24833; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $20,000 fine.
Social Work
Donald W. Whipple; Licensed Clinical Social Worker; New York, NY 10023; Lic. No. 000797; Cal. No. 24865; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,000 fine.
Veterinary Medicine
Gopal K. Beri; Veterinarian; Queens, NY 11104; Lic. No. 004190; Cal. No. 24571; Application for consent order granted; Penalty agreed upon: 1 year suspension with leave to apply for early termination thereof upon successful completion of certain coursework, upon service of or early termination of suspension, 2 years probation to commence upon return to practice, $5,000 fine payable within 18 months.
III. RESTORATIONS
The Board of Regents voted on March 9, 2010 to grant the petition for restoration of the physician license of Frank Jose Ballesteros, Miami, FL 33194. Dr. Bellesteros’s license was originally revoked August 19, 1994.
The Board of Regents voted on March 9, 2010 to stay the revocation of the physician license of Kildare Clarke, White Plains, NY 10605. Dr. Clarke’s license was originally revoked July 31, 2002.