0408summary

 

 

 

 

 

S


UMMARY OF THE APRIL MEETING

 

OF THE BOARD OF REGENTS

OF

THE UNIVERSITY OF THE STATE OF NEW YORK

 


 


 

Held at the State Education Building



Albany, New York




 


 

April 14 and 15, 2008

 

David Johnson, Secretary

Board of Regents

THE BOARD OF REGENTS

               The Board of Regents of The University of the State of New York held public sessions on Monday, April 14 at 9:45 a.m. and Tuesday, April 15 at 11:30 a.m. pursuant to a call duly sent to each Regent.

MEETING OF THE FULL BOARD, Monday, April 14, 9:45 a.m.

Board Members in Attendance:

 

Robert M. Bennett, Chancellor

Merryl H. Tisch, Vice Chancellor

James C. Dawson

Anthony S. Bottar

Geraldine D. Chapey

Arnold B. Gardner

Harry Phillips, 3rd

Joseph E. Bowman, Jr.

Milton L. Cofield

Roger B. Tilles

Charles R. Bendit

Betty A. Rosa

Lester W. Young, Jr.

              Also present were the Commissioner of Education, Richard P. Mills, Counsel and Deputy Commissioner for Legal Affairs, Kathy Ahearn, and the Secretary, Board of Regents, David Johnson.  Regents Saul B. Cohen, James R. Tallon, Jr. and Karen Brooks Hopkins were absent and excused.

ACTION ITEM

Executive Session Motion

              MOVED, that the Board of Regents convene in Executive Session on Monday, April 14 at 5:45 p.m. for the purpose of discussing pending litigation and, Tuesday, April 15 at 8:00 a.m. for the purpose of discussing a personnel matter.

              Motion by:                    Vice Chancellor Merryl H. Tisch

              Seconded by:                 Regent Geraldine D. Chapey

              Action:                           Motion carried unanimously

MEETING OF THE FULL BOARD, Tuesday, April 15, 11:30 a.m.

 

Board Members in Attendance:

Robert M. Bennett, Chancellor

Merryl H. Tisch, Vice Chancellor

James C. Dawson

Anthony S. Bottar

Geraldine D. Chapey

Arnold B. Gardner

Harry Phillips, 3rd

Joseph E. Bowman, Jr.

Roger B. Tilles

Karen Brooks Hopkins

Charles R. Bendit

Betty A. Rosa

Lester W. Young, Jr.

              Also present were the Commissioner of Education, Richard P. Mills, Counsel and Deputy Commissioner for Legal Affairs, Kathy Ahearn, and the Secretary, Board of Regents, David Johnson.  Regents Saul B. Cohen, James R. Tallon, Jr. and Milton L. Cofield were absent and excused.

              Chancellor Robert M. Bennett called the meeting to order at 11:30 a.m.

ACTION ITEMS

Charter Applications for April 2008


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 Harry Phillips, 3rd

              Action:                          Motion carried unanimously  (Vice Chancellor Merryl H. Tisch abstained from the vote on the charter amendment for the Educational Broadcasting Corporation and Provisional  Charter for WNET.org)

Summary of the March 2008 Meeting


BR (A) 2

              MOVED, that the Summary of the March 2008 Meeting of the Board of Regents of The University of the State of New York be approved.

              Motion by:                    Regent James C. Dawson

              Seconded by:                Regent Harry Phillips, 3rd

              Action:                          Motion carried unanimously

State Education Department March 2008 Fiscal Report


BR (A) 3
             

              The Board received the March 2008 Fiscal Report for review and acceptance.

              The report includes the unanticipated transfer of $2,050,000 from Special Revenue accounts to the General Fund pursuant to Chapter 57 of the Laws of 2007, Part T, Section 15.

              All general fund and federal accounts are in structural balance.

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

            MOVED, that the Board of Regents accept the March 2008 State Education Department Fiscal Report as presented.

               Motion by:                   Regent Geraldine D. Chapey

              Seconded by:                Regent Milton L. Cofield

              Action:                          Motion carried unanimously

DISCUSSION ITEMS

Report on Office of Cultural Education Finances


BR (D) 1

              The Board received a report on the status of the Cultural Education Account, a special revenue account established in 2002 to fund the majority of the programs of the Office of Cultural Education.  The fee structure, supported by document recording and indexing fees at the county level, is dependent on real estate transactions.

              The fee-based revenue funding the Account has experienced a dramatic decline from historical high levels, creating concern that the cash balance could be depleted in fiscal year 2009-2010.

              The Board and Department must consider fundamental changes in the sources of funding for the Office of Cultural Education within the next two fiscal years.

              Regent James C. Dawson, Chair of the Cultural Education Committee emphasized the need to develop a comprehensive list of options for consideration in the pursuit of a strategy to achieve a continuing stable funding base.

INFORMATION ITEMS

Report on the Roosevelt School District


BR (I) 1

              Regent Roger B. Tilles led a discussion on the progress made in the Roosevelt UFSD to support student success.  Highlights included: legislative grant funding in FY 2008-09 totaling $14 million for additional academic improvement ($6 million) and through special legislation ($8 million); identification of Gates and Wallace Foundation funding for targeted support; and, continuing progress in construction projects, engagement with partners providing assistance and support, and the provision of additional resources to strengthen student achievement and achieve fiscal stability.

2008-09 Enacted Budget


Uncoded

              The Board received a brief overview of the highlights of the 2008-2009 enacted budget and a side-by-side comparison of the 2007-2008 base, the 2008-2009 Regents Request, the 2008-2009 Executive Recommendations and the 2008-2009 Enacted Budget.

              In discussion, Board members requested an explanation of the allocation of additional ELL aid, a comparison of requested versus appropriated funds, and a assessment of the successes and lack of success by the Board and Department in the budget process.

Update on Standards Review


Oral

                            Chancellor Robert M. Bennett informed the Board of a scheduled series of six standards review public forums across the State.  The forums will provide an opportunity for local educators, teachers, practitioners, administrators, parents, business leaders, higher education administrators and educators, and the public, to provide their input and recommendations on the current New York State Learning Standards with a focus on English language arts (ELA).  Forums will be held on Long Island and in Buffalo, New York City, Glens Falls, Syracuse and in Westchester County.

Commissioner’s Summary


Oral

              Commissioner Richard P. Mills summarized the meeting, including significant actions and policy discussions by the Standing Committees.  These include: approval of the Regents Two-Year Policy Agenda; a conversation with Commissioner Gladys Carrion, Office of Children and Family Services; discussion of regulations, policies and procedures affecting proprietary colleges and, a discussion on the design and development of the interim Growth Model for the accountability system.

    

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 James C. Dawson

               Action:                         Motion carried unanimously

             

            

REGENTS COMMITTEE ON POLICY INTEGRATION AND INNOVATION

Chancellor Robert M. Bennett, Chair of the Committee on Policy Integration and Innovation, presented on behalf of the Committee the following written report.

The PII Committee held its scheduled meeting on April 14, 2008.  Vice Chancellor Tisch, and Regents Dawson, Bottar, Chapey, and Bowman were present. Regents Gardner, Phillips, Cofield, Tilles, Bendit, Young and Rosa also attended.  Commissioner Mills was present. 

MATTERS NOT REQUIRING BOARD ACTION

The PII Committee heard a report from the Commissioner on the Two-Year Policy Agenda, Annual Data Release Schedule, Interim Growth Model, Highly Qualified Teachers, Progress on Capacity Building and Collaboration with our Partners.  The Committee requested information on the State Aid breakdown in the final budget as well as all Regents priorities.  A written report on the Board of Regents budget priorities has been provided to the Regents and a more detailed report on the State Aid breakdown will be provided at the Full Board meeting.

The PII Committee was informed on the timeline for engagement of the three consultant projects for April, May, June and July:

MATTERS REQUIRING BOARD ACTION

The PII Committee recommends that the Board approve the Regents Two-Year Policy Agenda.  [PII (A) 1]

REGENTS COMMITTEE ON ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

Your EMSC Committee held its scheduled meeting on April 14, 2008.  All Committee members were present except Regents Cohen and Tallon, who were excused.

ACTION ITEMS

Consent Agenda

Your Committee recommends that the Board of Regents amend section 175.41 of the Regulations of the Commissioner of Education relating to Analysis of Average Interest Rates Applied to Capital Debt Incurred by the City of New York for School Purposes, as submitted, effective May 8, 2008.   [EMSC (CA) 1]

Charter Schools

Your Committee recommends that the Board of Regents approve the revisions to the first renewal charter of the Brighter Choice Charter School for Boys, and the provisional charter is amended accordingly.  The vote for the motion to approve was 5 yes (Chancellor Bennett, Vice Chancellor Tisch, Regent Phillips, Regent Bottar and Regent Bowman) and 2 no (Regent Tilles and Regent Dawson).  [EMSC (A) 1]

Your Committee recommends that the Board of Regents approve the revisions to the first renewal charter of the Brighter Choice Charter School for Girls, and the provisional charter is amended accordingly.  The vote for the motion to approve was 5 yes (Chancellor Bennett, Vice Chancellor Tisch, Regent Phillips, Regent Bottar and Regent Bowman) and 2 no (Regent Tilles and Regent Dawson).   [EMSC (A) 2]

MOTION FOR ACTION BY FULL BOARD

          

Mr. Chancellor and Colleagues:  Your EMSC Committee recommends, and I move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on April 15, 2008, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

Proposed Amendments to the Regulations of the Commissioner Relating to Pupil Transportation – The Committee discussed proposed amendments to regulations that require school buses to minimize the idling of school bus engines or any other vehicles owned by the school district while parked or standing on or near school grounds.  The proposed regulations take a firm step to ensure that all of our children are protected from the harmful effects of pollutants from idling school buses.  These proposed regulations will be brought back for action in June.  [EMSC (D) 1]

Proposed Amendments to and Repeals of the Regulations of the Commissioner Relating to State Aid – The Committee discussed proposed amendments to regulations that relate to State Aid to school districts and either delete unnecessary sections or bring sections of the regulations into conformance with current law.  There are no new sections or significant additions to any section as a result of these proposed amendments.  These proposed regulations will be brought back for action in June.  [EMSC (D) 2]

Development of an Interim Growth Model – The Committee discussed policy questions and were provided with a timeline and an update on actions to date as the Board of Regents and the Department pursue the design and development of the interim Growth Model for the accountability system. [EMSC (D) 3]

Strategic Data Release Calendar – The Committee discussed an overall data release item that includes information on when we propose to release data on a variety of topics including VESID and HQT.  [EMSC (D) 4]

Senior Deputy Commissioner’s Report – In March 2007, the Board of Regents created a new P-16 structure in the State Education Department which joined the Office of Elementary, Middle, Secondary and Continuing Education and the Office of Higher Education under one Senior Deputy Commissioner.  This month, the Senior Deputy Commissioner provided information on activities that occurred over the past year to advance the Regents P-16 vision for education as well as proposed next steps for organizational reform.   [EMSC (D) 5]

Update on Contracts for Excellence - Your Committee discussed changes related to the proposed regulations.  Some of the changes discussed included the public hearing process, the complaint process and class-size.   Other issues discussed included what we have done to provide increased flexibility to school districts and the need to provide meaningful and timely feedback.  There will be a summary of the comments received on the revised regulations and additional follow-up will be provided to the Board of Regents.  [EMSC (D) 6]

Conversation with Commissioner Gladys Carrion – Commissioner Gladys Carrion from the Office of Children and Family Services provided an overview of her agency and proposed that a joint workgoup including OCFS, the Board of Regents and the Department come together to solve common issues.

REGENTS COMMITTEE ON HIGHER EDUCATION

Your Higher Education Committee held its scheduled meeting on April 14, 2008. All members were present except for Regent Cohen, who was excused. 

Consent Agenda Items

Your Committee recommends that the Board of Regents confer upon the students who have completed the requirements for their registered degree programs at Taylor Business Institute (the respective degrees are listed in the Regents item). [HE (CA) 1]

              Your Committee recommends that the Board of Regents approve the proposed master plan amendment for Concordia College to offer a nursing program leading to the Bachelor of Science degree.  [HE (CA) 2]

              Your Committee recommends that the Board of Regents approve the proposed master plan for the Finger Lakes Health College of Nursing to offer a nursing program leading to the Associate in Applied Science degree in Nursing.  [HE (CA) 3]

RATE:  Mercy College

Your Committee recommends that the Board of Regents accredit the graduate teacher education programs at Mercy College, with the exception of the New Teacher Residency Program (NTRP), with conditions for a period of three years with a follow-up focused visit to be conducted 18 months from the Regents action to focus on the areas for improvement identified in the Compliance Review Report, and that Annual Reports focus on progress made towards addressing the following areas:

The majority of education courses continue to be taught by qualified full-time faculty;

• Program oversight, consistency among course section offerings, including  alignment with New York State Learning Standards is on-going;
• Assessment of candidates and graduates and P-12 student learning is supported by quantitative and qualitative data and confirm compliance with RATE standards; 
• Data analysis is informing program improvement; and
• All 41 areas for improvement and proposed changes give evidence of compliance with Regulations and RATE standards.  

The actions described in the Annual Report need to produce full compliance within the three-year term of accreditation and address each area for improvement in detail.  Accreditation will be effective April 15, 2008, for a period beginning immediately and ending on April 14, 2011.  Your Committee also recommends that the Board of Regents deny accreditation for the New Teacher Residency Programs.

MOTION FOR ACTION BY FULL BOARD

              Mr. Chancellor and Colleagues:  Your Higher Education Committee recommends, and I move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on April 15, 2008, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

              Your Committee discussed several topics of interest, including:

Progress Report on Highly Qualified Teachers - The Committee heard a presentation and discussed a report of progress made in school year 2006-2007 to ensure that all classes in core academic subjects are taught by highly qualified teachers, as required by federal law, and initiatives to address remaining gaps.  Issues discussed included amending the laws regarding certification of teachers at charter schools, and comparing how well students are doing who are being taught by highly qualified teachers to those who are not.  Staff will come back next month with a continuation of this discussion that will include a broad framework and a timetable for the work of the CTE workgroup.  This topic will also be discussed at the offline meeting of the Higher Education Committee on May 12 in Yonkers.   [HE (D) 1]

Regulations, Policy and Procedures Affecting Proprietary Colleges – The Committee discussed progress made following a year’s experience under the new requirements for proprietary colleges.  This discussion was a continuation of the January 2008 discussion of long-term ownership of proprietary colleges, re-defining “controlling interest,” and limiting the ability of a new owner to add off-campus locations and programs in new areas.  [HE (D) 2]

Requirements for Coursework or Training in the Needs of Students with Autism and Autism Spectrum Disorders – the Committee discussed proposed amendments to regulations that implement a new law requiring coursework or training in autism and autism spectrum disorders (ASD) for all teachers of students with disabilities.  Staff shared information on a Work Group created that included representatives from VESID, CUNY, SUNY and independent colleges and focused on how to meet the intent of the law and has made recommendations to ensure that teachers of students with autism and ASD have the competencies to effectively work with these students, their families and other school personnel.   The Committee also discussed further changes to the regulations as a result of discussions from the offline VESID Committee meeting on April 10.  The proposed regulations will be brought back in June for emergency adoption.  [HE (D) 3]

REGENTS COMMITTEE ON PROFESSIONAL PRACTICE

Your Professional Practice Committee held its scheduled meeting on April 15, 2008.  All Committee members were present, except Regent Saul B. Cohen, who was excused.  Regent Betty A. Rosa and Regent Lester W. Young Jr. were also present, but did not vote on any case or action.   

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 2 surrender applications be granted.  [PPC EXS (A) 1, 2 and 3]

              These recommendations are made following the review of 34 cases involving eight licensed practical nurses, five registered professional nurses, three licensed practical nurses who are also registered professional nurses, four pharmacies, three pharmacists, two certified public accountants, two massage therapists, one occupational therapist, one physical therapist, one physical therapy assistant, and one veterinarian.

Restoration Petitions

              Voted, that the Board of Regents stay the revocation of the physician licensure of Gregory O’Keefe and that he be placed on probation for a period of two years under the terms and conditions of probation recommended by the Peer Committee.  [PPC EXS (A) 4]

              Voted, that the Board of Regents deny the petition for restoration of the physician license of Steven St. Lucia.  [PPC EXS (A) 5]

Consent Agenda

              Your Committee recommends that the Board of Regents approve the recommendations of the Committee on the Professions regarding licensing petitions.  [PPC (CA) 1]

              Your Committee recommends that the Board of Regents approve the appointments and reappointment 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.  [PPC (CA) 2]

MOTION FOR ACTION BY FULL BOARD

              Mr. Chancellor and Colleagues:  Your Professional Practice Committee recommends, and I move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on April 15, 2008, 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 - This report is to discuss with the Committee updates on a range of topics that relate to the work of that committee.  [oral report]
• Speech-Language Pathology and Audiology Regulations – This proposed regulation is to update the education, examination and experience requirements for licensure of speech-language pathologists and audiologists and to provide for the endorsement of out-of-state and foreign applicants for licensure in these professions. [PPC (D) 1]
• Clinical Laboratory Technology Educational Requirements – This item updated the Committee members on the education requirements for the professions of clinical laboratory technology, cytotechnology and certified clinical laboratory technician and discussed the purpose of establishing education requirements to provide a core education enabling practitioners to have the fundamental knowledge needed to provide competent and safe professional services and obtain ongoing education through formal education, training or supervised experience to gain new competencies.  [PPC (D) 4]

 

REGENTS COMMITTEE ON CULTURAL EDUCATION

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

Your Committee on Cultural Education had its scheduled meeting on April 15, 2008.  Regents Dawson, Bowman, Gardner, Brooks Hopkins, Phillips, and Tilles attended.  Also, in attendance were Regents Rosa and Young.

ITEMS FOR DISCUSSION

Chairs’ Remarks: Regent Dawson greeted everyone and opened the meeting announcing information regarding the budget would be sent to the Regents from Theresa Savo’s Office.  Regent Dawson also acknowledged the retiring of Janet Welch, State Librarian and Assistant Commissioner for the Libraries in May 2008.   In addition, he reminded the Committee that the next CE Trusteeship meeting is scheduled for May 29, 2008, 1:00 p.m. – 4:00 p.m. at the Brooklyn Academy of Music in NYC.

Deputy’s Report: Deputy Commissioner Jeffrey Cannell greeted everyone and introduced John Hart from the NYS Museum.  Mr. Hart welcomed and introduced the newly hired State Historian Robert Weible.  Dr. Weible provided some background experience and looks forward to his role as State Historian.  Mr. Cannell continued with a brief update on progress made and issues addressed regarding security in OCE, briefly spoke of budget matters and announced the search for a new State Librarian has begun. Prior to the meeting, Mr. Cannell had provided the CE Committee members with a multi-page Deputy’s Report and made copies of the following bulleted items available to members and guests.

• The New York State Library announced on March 18, that it will be receiving $621,000 from the Governor’s Office for Technology New York State Universal Broadband Access Grant Program for a statewide project entitled “Bringing Broadband to New York’s Libraries”. The State Library in partnership with the 23 public library systems and the New York Library Association (NYLA) will use these funds to bring greatly improved broadband connectivity to public libraries deemed “High Needs” in both rural and urban parts of New York State. Not only will this collaboration bring better connectivity to these libraries, but the grant will assist public libraries in establishing or expanding Community Technology Centers in the library that offer digital literacy training and services (including e-government services) according to state-prescribed standards and identified best practices.
• On March 19, Janet M. Welch, Carol A. Desch, and student intern Ithai Larsen made legislative visits to the office of Assemblywoman Nolan, where they met with her aide and were joined by John Frederick from the Office of Government Relations; and Michael Fox, Senate Program and Counsel where they were joined by Diana Hinchcliff of the Office of Government Relations.  On Friday, March 21 Janet M. Welch, Carol A. Desch, John Frederick of Government Relations, and student assistant Briana Falconer made legislative visits to Shawn McKinnon of the Senate Finance Committee and Jocelyn Dax, of the Assembly Ways and Means Committee. Janet M. Welch, Carol A. Desch, John Frederick, Deputy Commissioner Jeffrey Cannell and Briana Falconer also met with Heather Clawson and Suzanne Bolling of the Assembly Program and Counsel.  Among topics discussed in both meetings were restoring $5 million in library aid cut from the executive budget proposal, continuing the $14 million for the construction of libraries, and start-up funds for the proposed Statewide Internet Library.
• Liz Hood will chair an OCE Education Committee, charged with sharing information about and coordinating direct educational efforts of OCE; coordinating OCE’s participation in education conferences and special events; evaluating OCE education efforts and providing data to the OCE Leadership Group; learning about the priorities of other offices within SED and USNY and making recommendations to OCE leadership about what role OCE should take in meeting those priorities; and providing advice and counsel to one another so as to improve the effectiveness of each institution’s education activities.
• The New York State Museum was the site of the Capital Region's National History Day Contest on Saturday, March 29, 2008.  The national theme for 2008 was Conflict and Compromise in History.

National History Day is the nation’s leading program for history education in the schools.  The program annually engages two million people in 48 states, the District of Columbia and Guam.  Students research history topics of their choice related to an annual theme and create exhibits, documentaries, performances and research papers, which they may enter in competition at the regional, state and national level.  Participants include students in grades 6-8 in the Junior Division and grades 9-12 in the Senior Division.  National History Day also provides educational services to students and teachers, including a summer internship program, curricular materials, internet resources and annual teacher workshops and training institutes.  On September 15, 2007, the Capital Region History Day hosted a day-long teacher workshop at the New York State Museum to provide support and encourage for local teachers.

In addition to Museum staff, State Archives staff were involved in the planning and execution of the event and many participated as volunteer judges during the day.  A total of 170 students participated in this year's contest.  Winners from the Capital Region event will go on to compete at the state contest on May 3, 2008, in Cooperstown. 

The New York State Archive Partnership Trust presented a special award for outstanding use of primary source materials and use of historical documents.  The award went to two young women from Bethlehem Central School, Sarah Aronson and Jessica Fiore for their documentary movie: We Shall Breath the Air Again: Prisoners of War in the Civil War.  The judges were extremely impressed with the quality of research and production; they likened the young women’s work to that produced by college level or professional documentaries.

• Theft Investigation and Security Upgrades:  Continuing work on the recovery of stolen items sold on eBay has resulted in 84 returns to the Attorney General’s Office.  Missing items in the Libraries were identified and evaluated by professional appraisers.  Library and Archives staff met with the Attorney General Office investigators and legal counsel to discuss restitution.  A victim’s impact statement is being drafted for review by SED Office of Counsel.  Steps have been taken to secure the services of a security consultant to conduct a site visit (in May) and prepare a report for the planned Security Panel to review later this summer.
• The Library has participated in the discussions and draft proposal for the New York State Digital Collection initiative.  A collaborative effort that began with the Regents Advisory Committee (RAC) and interested members of the State Historical Records Advisory Board (SHRAB) has also attracted input from the Museum and from Public Broadcasting.  A convening of important stakeholders to further plan the initiative has been suggested.
• A meeting with VESID staff and a conference call with staff at the NYS School for the Blind in Batavia explored the possibilities of a shared on-line system (KLAS) with our Talking Book and Braille Library (TBBL).  The School has mostly Braille textbooks that are circulated to schools in the field or to adults in educational programs not at the college level.  TBBL works with some of the same clientele, but has audio books predominantly.  A field trip to Batavia has been planned in the near future to further explore the possibility of a joint implementation of KLAS.

CE(D) 1 Regents Item: Connecting to Collections Grant Statewide Planning Grant -Update - Information item

Janet Welch, State Librarian and Assistant Commissioner for Libraries, updated the Committee on the receipt of a $621,000 Broadband Grant to improve high-speed access to libraries in high need.  In addition, Ms. Welch provided updated information related to a $4M Gates Grant for hardware. Ms. Welch also talked about the Connecting to Collections Grant Statewide Planning Grant.  The goal is to create a statewide digital collection of cultural heritage resources and a framework to promote the use of digital technologies to broaden and enhance access to New York’s approximately 10,000 local, regional and state cultural heritage institutions, including those located in colleges, universities and local governments. Ms. Welch proceeded to introduce the presenters: Barbara Lilley of the New York State Library and Maria Holden of the New York State Archives.

Ms. Lilley presented an update on the recent $38,000 IMLS grant, Connecting to Collections: Statewide Planning Grant  that was awarded to the Office of Cultural Education (OCE) by the federal Institute of Museum and Library Services. It is OCE’s first  effort to combine forces to systematically and comprehensively reach out to the stewards of New York’s cultural resources.  Under the program, the New York State Archives, the New York State Library and the New York State Museum will survey and create a plan to address preservation and conservation needs of New York’s cultural institutions statewide.  The survey will result in a statewide action plan that will set the course of preservation and conservation efforts in New York State for years to come. 

New York’s cultural heritage including breadth, volume, and density of collecting institutions as well as diversity and range — museums, libraries, historical societies and archival institutions, which, under charter by the University of the State of New York, steward collections that span four centuries.  There are over 5,000 collecting institutions, including museums, libraries, historical records repositories, and local governments.  New York’s cultural collections form a cultural collections form an incomparable resource for a students and culture and history - This is resource worthy of the utmost care—quote from Ken Jackson essay:  But It Happened in New York


New York has long invested in the preservation of its cultural resources. The State Museum, State Library, and State Archives have led this effort as stewards of the collections of the people of New York and as providers of services and funds to cultural institutions statewide.  The State Museum has provided oversight and assistance to museums and historical societies statewide through its Museum Chartering Office; the State Library was one of the very first to address preservation in its mission. In 1984, the State Library spearheaded legislation to establish ongoing support for the library community statewide and has distributed over 40 million dollars in preservation grants. Today, the State Library’s Conservation/Preservation Grant Program is regarded "the model/gold standard" to which other states aspire.  And, the State Archives has in its short history, demonstrated leadership in the preservation of its holdings as well as considerable support for the management of archives and records collections statewide through in-person advisory services, workshops, and grants totaling over 168 million dollars, of which more than 50 million have gone toward preservation and microfilming.

 

 

Together, these three institutions have invested close to 100 million dollars over the past 25 years preservation of collections statewide and provided countless preservation workshops, site visits, surveys, and disaster aid, among many other preservation services. However, despite their common goals and overlapping constituencies, these three institutions have seldom collaborated to assess and respond to the preservation needs of the cultural heritage community in New York.

In defining today’s preservation needs, our data on institutions’ needs are out of date, inaccurate, and incomplete.  Heritage Preservation.

• Heritage Health Index
• Nation-wide survey funded by the Institute of Museum and Library Services (IMLS) included archives, libraries, and museums. Purpose and scope
• Summary findings: New York repositories’ need improved environmental controls, better storage, and preservation education exceeds the national average. This survey and the resultant data will serve as the foundation for proposed data gathering efforts, because of their currency and high quality
• Show charts/graphs re environmental controls, disaster preparedness, need for training, funding, etc.
• Yielded the most comprehensive, systematically gathered preservation data of any of the New York studies
• It depicts the cultural heritage landscape in broad strokes but does not provide the detail necessary for planning.

(A Report was made available for those who wanted further information or one may contact Ms. Lilley or Ms. Holden at OCE for a copy.)

Ms. Holden provided background of need to Connect to Collections and why should OCE lead.

Leadership—We have built networks with the cultural heritage community statewide and among our constituents through our grant programs, field staff, and relationships with the regional history and professional organizations.

Partners: New York State Council for the Arts, Museum Association of New York, Lower Hudson Conference, New York Archives Conference, New York Library Association, Upstate History Alliance are just some of the partners.

(Regent Brooks Hopkins suggested involving the Performing Arts institutions and holding best practice workshops in high schools.)

 Plan of work

Ms. Holden touched on opportunities/expectations resulting from the survey’s report and of needed funding to implement and promote initiatives.

• • The survey will result in a report that details the preservation needs of heritage collections across the state and make recommendations for action with timeframe, responsibilities, outcomes, and budget identified.
  • Our ultimate goal is to obtain the information we need to build a comprehensive, statewide preservation plan that advocates for:
• priorities for training as well as training delivery options that meet the needs and budgets of the New York cultural resources community
• relationships and partnerships across repository types, geographical regions, governments, and private organizations
• future fundraising and legislative efforts, without which progress will be stalled. We expect that we will apply for a Connecting to Collections Implementation Grant to advance selected recommendations
• sustainability and consistency of action through a network of preservation advisors and advocates, including the New York State Records Advisory Board, the Regents Advisory Council, and other influential stakeholders. The long-term benefits of such a consortium of advocates include making collaboration the standard way of doing business, benchmarking, and ultimately, an even greater investment in New York’s cultural heritage.

 

Cultural Education Trusteeship Meeting

In Attendance: Regents Dawson, Brooks Hopkins and Tilles.

Absent: Regents Gardner, Bowman and Phillips

Regent Dawson opened the meeting welcoming staff and Committee members. 

ITEMS FOR DISCUSSION

CET (D) 2  Reporton Office of Cultural Education Finances

In follow-up to a request from Regent Tilles for a more detailed analysis of OCE’s finances, Sam Bogen, Head of OCE Administration presented to the Trusteeship Committee an in-depth report on OCE finances including the status of OCE’s major financial accounts and issues in maintaining and increasing revenues in the future.  Mr. Bogen also provided a handout containing charts and graphs supporting his findings and projections.  Regent Dawson recommended this Item be presented to the full Board for discussion at the April Regents meeting.

CET (D) 1 Peer Review of the Museum’s Research functions

• Research organizations such as museums and university departments have external peer reviews on a regular basis. These reviews help assess if the institution is performing well according to its mandates and help determine those areas that need improvement. The last external peer review of the Museum's research functions was in 1988.
• The peers of the New York State Museum are other major research museums. Museum management considered a number of peer institutions as potential sources from which to assemble a peer review panel including the American Museum of Natural History, the Field Museum of Natural History, and the Florida State Museum among others. We finally approached the Smithsonian Institution because the Institutions includes a major natural history museum and a major American history museum. A peer review panel was assembled by the Smithsonian that included present and former department heads of anthropology, biology, and geology in the National Museum of Natural History and the associate director of the National Museum of America History.
• The peer review panel was asked to assess the Museum's research functions in terms of the (i) quality and productivity of research projects, (ii) availability of the Museum's collections for research, (iii) funding support for Museum research programs, (iv) adequacy of facilities and equipment for research, (v) the dissemination of research results, (vi) research-based educational programming, and (vii) how well the Museum is meeting its statutory mandates for research.
• The peer review panel reviewed various sources of information provided by the Museum and spent three days at the Museum reviewing facilities and interviewing staff members. The panel submitted a report on their findings in December 2007.
• The peer review panel’s report is very favorable finding that the Museum is fulfilling its mission “in an effective and highly professional manner.” The panel made a number of recommendations including:
• • (i) developing a mechanism for effectively obtaining and administering external grants and contracts,
  • (ii) consider applying for accreditation by the American Association of Museums,
  • (iii) move the collections database function under Research & Collections and work towards more widespread use of the system,
  • (iv) encourage research staff to do more interdisciplinary research,
  • (v) hire a curator for the mycology collection and a professional collections conservator.

Regent Dawson adjourned the meeting at 2:05 p.m.

The Item below was not presented.

(CET) (D) 3 Museum Gallery Renewaland Stewardship Collections Facility

Status report; update on gallery renewal and research and stewardship facility

 

REGENTS SUBCOMMITTEE ON AUDITS

Your Regents Subcommittee on Audits met on April 14.

Staff provided follow-up information from the March meeting. The Subcommittee reviewed additional information on the accountability status of school districts that have also been identified as being in fiscal stress or concern. In addition, staff provided a summary of the results of audits of charter schools. The report will be updated as more charter school audits are released.

Deputy Commissioner Savo briefed the Subcommittee on an effort being organized to examine issues affecting the BOCES Central Business Office function that are being raised by the Comptroller’s audit. A workgroup which will include Department staff as well as staff from the Office of the State Comptroller will be formed to clarify roles, provide guidelines, best practices, and ensure that internal control structures are in place.

An audit director from Toski, Schaefer and Co. discussed the results of the New York State Single Audit as they relate to the Department. The Department had 5 findings and has submitted corrective action plans.  Methods were discussed to effect change in school districts identified through audits.

Twenty-three audits were presented that were issued by the Office of the State Comptroller. The Internal Audit Work Group, which is comprised of Deputy Commissioners’ Ahearn and Savo, Coordinator Charles Szuberla, Audit Director James Conway, and other staff from Counsel’s Office and Audit, identified 8 of the audits for more specific follow-up. Following are the results of the Review of Audits presented by the Department’s Internal Audit Workgroup.  

Newly Presented Audits

Twenty-one school district audits and two BOCES audits were received. The audits were all issued by the Office of the State Comptroller and the findings were in the areas of payroll, claims processing, cash, segregation of duties, information technology, procurement, capital assets, and financial reporting. For the most part, districts indicated agreement with the findings in the response to the audits.

The Department has issued letters to all 21 of the districts and the two BOCES reiterating the requirement to submit corrective action plans to the Department within 90 days of their receipt of the audit report.

The Department’s Internal Audit Workgroup identified 7 school district audits and 1 BOCES audit for further action.  Five of the school district audits involve one finding and the finding is summarized in the first bullet below.

• Baldwin, Bellmore-Merrick, Copiague, East Meadow and Harborfields School Districts - The audit of these five Districts found that the school districts did not have a formal procedure to distinguish between employees and independent contractors.  The Districts were incorrect in classifying an attorney as an employee.  Moreover, the Districts have simultaneously employed the same attorney under similar circumstances.  Staff from Counsel’s Office is working with the Attorney General’s Office.

• Eden Central School District - The audit found that the board and District officials did not provide adequate capital project planning, monitoring and oversight.  The board delegated its duties to plan and monitor the activity of its capital program activity to its Architect.  The board did not develop clear plans for the projects, and the Architect’s initial assessments for the projects were often inaccurate, resulting in the District’s capital plans not achieving their intended objectives.  The Office of P-16 Education will incorporate these audit findings into training sessions that are provided to districts’ architects.

• Hamburg Central School District - The audit found that District officials failed to provide the board with adequate and timely financial data. As a result critical budget decisions were made without complete financial information.  The Office of Audit Services has identified the District to be in fiscal stress, notified the District and requested a plan to address its financial condition.

Follow-up Actions

Since the last Subcommittee meeting:

• Audit staff have reviewed the corrective action plans of eight school districts that had been previously identified for follow-up.  Based on the corrective action plans OAS will continue to follow-up with three of the districts.

• On March 5, staff from the Offices of P-16 Education and Audit Services met with the interim Superintendent of the Capital Region BOCES and the Finance Director to discuss the results of the Comptroller's Audit. The discussion found that the BOCES has strengthened internal controls in compliance with the recommendations contained in the report. 

 

Appendix I

NEW YORK
STATE BOARD OF REGENTS CHARTER ACTIONS

CULTURAL EDUCATION

AMENDMENT OF CHARTER

EDUCATIONAL BROADCASTING CORPORATION

New York City
, New York
County

An absolute charter in the first instance was granted to this corporation under the corporate name "Educational Television for the Metropolitan Area, Inc." on May 3, 1961.  Such absolute charter was amended by Regents action on April 27, 1962 to change the corporate name to "Educational Broadcasting Corporation," November 21, 1986, April 27, 1990, and July 26, 1991; that the approval of the election of trustees to the corporation and of the corporation's amended bylaws has been granted by the Board of Regents on various occasions.  The board of trustees has applied for an amendment to the absolute charter to restate the corporate purposes to conduct or support activities for the benefit of or to carry out the purposes of WNET.org, which has petitioned the Board of Regents for a provisional charter.  In carrying out its purposes of supporting WNET.org, the corporation will:

a) foster the ideals of excellence, engagement, and education in all manner and media throughout the local communities served by WNET.org and the corporation beyond;

b) acquire, construct and operate noncommercial educational radio and television stations, obtain and hold appropriate authorizations and licensures for the operation of said stations from State or Federal authorities, and participate in state, regional, and national educational networks;

c) acquire, build, and operate other media platforms, including, but not limited to various forms of new and traditional media;

d) create, acquire, and preserve content in all manner and media that inspires, celebrates imagination, facilitates informed discussion, supports the healthy development and education of children, explores history, science, humanities, and culture and arts, including but not limited to educational, entertaining and cultural programs, films, and recordings;

e) distribute WNET.org’s and the corporation’s content in all manner and media worldwide, whether on WNET.org or the corporation’s platforms or through sale or license to any other persons, corporations, or organizations, whether commercial or noncommercial; and

f) aid, assist, and work in conjunction with corporations, educational institutions, organizations, agencies, foundations, and individuals interested or engaged in any of the fields or purposes of WNET.org and the corporation, and generally to encourage and foster educational and cultural television, broadcasting and media. 

To add language indicating that the sole member of the corporation will be WNET.org,  the board of trustees of the corporation will now be referred to as the board of directors, to amend the dissolution language to state: Upon dissolution of the corporation, the board of trustees shall, after paying or making provision for the payment of all the liabilities of the corporation, dispose of the remaining assets of the corporation exclusively for one or more exempt purposes, within the meaning of section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code), or shall distribute the same to the Federal government, or to a state or local government, for a public purpose.  Any such assets not so disposed of shall be disposed of by order of the Supreme Court of the State of New York in the judicial district where the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations, organized and operated exclusively for such purposes, as said Court shall determine, and to delete the following language from the corporations charter: “The bylaws of the corporations and each amendment thereof shall be subject to approval of the Board of Regents”.  The Office of Cultural Education recommends that the absolute charter be amended accordingly

PROVISIONAL  CHARTER

WNET.ORG

New York City
, New York
County

The board of trustees has petitioned the Board of Regents to form a corporation to foster the ideals of excellence, engagement, and education in all manner and media throughout the local communities served by the corporation beyond;  to acquire, construct and operate noncommercial educational radio and television stations, obtain and hold appropriate authorizations and licenses for the operation of said stations from State or Federal authorities, and participate in state, regional, and national educational networks; to acquire, build, and operate other media platforms, including, but not limited to various forms of new and traditional media; to create, acquire, and preserve content in all manner and media that inspires, celebrates imagination, facilitates informed discussion, supports the healthy development and education of children, explores history, science, humanities, and culture and arts, including but not limited to educational, entertaining and cultural programs, films, and recordings; to distribute the corporation’s content in all manner and media worldwide, whether on the corporation’s platforms or through sale or license to any other persons, corporations, or organizations, whether commercial or noncommercial; and to aid, assist, and work in conjunction with corporations, educational institutions, organizations, agencies, foundations, and individuals interested or engaged in any of the fields or purposes of the corporation, and generally to encourage and foster educational and cultural television, broadcasting and media.  The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

APPROVAL OF AMENDED BYLAWS

EDUCATIONAL BROADCASTING CORPORATION

New York City
, New York
County

The board of trustees has submitted for the approval of the Board of Regents the bylaws amended by vote of the trustees on December 14, 2007.  The Office of Cultural Education recommends that the amended bylaws of the Educational Broadcasting Corporation be approved.

 

ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

AMENDMENT OF CHARTERS

ASCENT: A SCHOOL FOR INDIVIDUALS WITH AUTISM

Deer Park
, Suffolk County

A provisional charter was granted to this corporation by action of the Board of Regents on February 3, 1999 to operate a preschool, kindergarten and grades one through twelve school for children with autism and atypical pervasive developmental disorders.  Such provisional charter was extended by Regents action on April 23, 2001 and amended on July 18, 2002 and was further extended by Regents action on January 9, 2007.  The board of trustees has applied for an amendment to the provisional charter to add authority for the corporation to provide residential, programmatic, habilitative and waiver support services to mentally retarded and developmentally disabled individuals in both Nassau and Suffolk Counties. Appropriate disclaimers have been added that, except as authorized by Title VIII or other applicable statue, nothing shall authorize the corporation to engage in the practice of any profession in New York, engage in the training of any profession in New York or to use a professional title or term of any profession in New York in violation of Title VIII of the Education Law.  The corporation will restrict the provision of counseling services to instruction, advice, support, encouragement or information to individuals, families, and relational groups, provided that this shall not include the diagnosis or treatment of mental, emotional, nervous, or behavioral disorders. 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 amendments thereof 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 the provisional charter be amended accordingly.

KIDS’ CORNER OF ROCKLAND

Orangeburg, Rockland County

 A provisional charter was granted to this corporation by action of the Board of Regents on April 4, 2000 to operate a preschool, kindergarten, before-and-after school care program and a day care center.  Such provisional charter was amended and extended by Regents action on February 8, 2005. The board of trustees has applied for an amendment to the provisional charter to add authority for the corporation to enroll children from six weeks to two years of age in the day care center and as so amended, be extended.  The Office of Nonpublic School Services recommends that the provisional charter be amended accordingly and, as so amended, extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

THE SARATOGA INDEPENDENT SCHOOL

Saratoga
Springs, Saratoga County

 A provisional charter was granted to this corporation by action of the Board of Regents on April 26, 1991 to operate a kindergarten through grade six school.  Such provisional charter was extended by Regents action on July 24, 1992 and amended on December 19, 1997 and, as so amended, extended.  Such provisional charter was further extended by Regents action on December 15, 2000, amended on June 17, 2003, and amended and extended on May 18, 2004.  The board of trustees has applied for an amendment to the provisional charter to change the corporate address to 459 Lake Avenue, Saratoga Springs, New York 12866 and as so amended, be extended. The Office of Nonpublic School Services recommends that the provisional charter be amended accordingly and, as so amended, extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

PROVISIONAL  CHARTERS

THE MANHATTAN CHILDRENS CENTER

New York City
, New York
County

The board of trustees has petitioned the Board of Regents to form a corporation to operate a kindergarten and a grades one through eight elementary school for children who have been diagnosed with autism spectrum disorder.  The Office of Vocational and Educational Services for Individuals with Disabilities (VESID) has been provided with an opportunity to review this action and the trustees have been advised that the granting of a provisional charter does not constitute approval for state funding for programs and services under the jurisdiction of VESID. The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.

SARATOGA
ACADEMY
OF THE ARTS AND SCIENCES

Clifton
Park, Saratoga County

The board of trustees has petitioned the Board of Regents to form a corporation to operate a day care center, nursery school for children three to five years of age, a universal kindergarten program, a kindergarten and a grades one through second elementary school. The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.

EXTENSION OF PROVISIONAL CHARTER

TRUMANSBURG
COMMUNITY NURSERY SCHOOL

Trumansburg, Tompkins County

A provisional charter was granted to this corporation by action of the Board of Regents on February 6, 2001 to operate a preschool for children from three to five years of age.    Such provisional charter was extended by Regents action on June 22, 2004.  The board of trustees has petitioned for an extension of the provisional charter. The Office of Nonpublic School Services recommends that the provisional charter be extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

DISSOLUTION OF CHARTERS

CLAY COMMUNITY NURSERY SCHOOL

Clay, Onondaga County

A provisional charter was granted to this corporation by action of the Board of Regents on July 28, 1989 to operate a nursery school program for children three to five years of age.  Such provisional charter was amended and made absolute by Regents action on July 23, 1993. The board of trustees has petitioned the Board of Regents for the dissolution of the charter due to the school has closed due to its declining enrollment and financial hardships and all taxes payable by the corporation have been paid.  The Office of Nonpublic School Services recommends that the absolute charter of Clay Community Nursery School be dissolved.

DALCROZE SCHOOL OF MUSIC

New York City
, New York
County

A provisional charter was granted to this corporation by action of the Board of Regents on September 20, 1935 to operate a school to teach students music and to instruct in music education based on the philosophies of Dr. Dalcroze.  Such provisional charter was made absolute by Regents action on April 18, 1941.   The board of trustees has petitioned the Board of Regents for the dissolution of the charter due to the school has closed and all taxes payable by the corporation have been paid.  The Office of Nonpublic School Services recommends that the absolute charter of Dalcroze School of Music be dissolved.

YM & YWHA NURSERY SCHOOL OF SOUTHERN WESTCHESTER

Mount Vernon
, Westchester County

An absolute charter in the first instance was granted to this corporation by action of the Board of Regents on June 21, 1991 to operate a nursery school program for children twenty-one month to five years of age and a kindergarten.   The board of trustees has petitioned the Board of Regents for the dissolution of the charter due to the school has terminated any and all of its existing programs and will no longer carry on its purposes and all taxes payable by the corporation have been paid.  The Office of Nonpublic School Services recommends that the absolute charter of YM & YWHA Nursery School of Southern Westchester be dissolved.

ORDER OF CONSOLIDATION

THE MANHATTAN CHILDRENS CENTER and THE MANHATTAN CHILDRENS CENTER, INC.

New York City
, New York
County

The board of trustees and the board of directors have petitioned the Board of Regents, pursuant to Education Law §223, for an order of consolidation of The Manhattan Childrens Center and The Manhattan Childrens Center, Inc.  The Manhattan Childrens Center Center has petitioned the Board of Regents for a provisional charter.  The Manhattan Childrens Center, Inc. was incorporated under §402 of the Not-For-Profit Corporation Law (NPCL) on March 6, 2007.  Upon the effective date of the consolidation of The Manhattan Childrens Center and The Manhattan Childrens Center, Inc.  The Manhattan Childrens Center will assume all the assets, liabilities and responsibilities of both organizations.  The consolidated corporation will operate under the provisional charter granted to The Manhattan Childrens Center.  The Office of Nonpublic School Services recommends that an order of consolidation of The Manhattan Childrens Center and The Manhattan Childrens Center, Inc. be granted, forming The Manhattan Childrens Center.

A
PPLICATION FOR REGENTS CONSENT TO FILE A CERTIFICATE OF ASSUMED NAME

WEST SIDE COOPERATIVE PRESCHOOL

New York City
, New York
County

A provisional charter was granted to this corporation by action of the Board of Regents on January 17, 1990 to operate a nursery school program for children three to five years of age.  Such provisional charter was amended and made absolute by Regents action on July 23, 1993. 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 “West Side Preschool.”  The Office of Nonpublic School Services recommends that the consent of the Board of Regents to the filing of such certificate of assumed name be granted.

                                                               

HIGHER AND PROFESSIONAL EDUCATION

AMENDMENT OF CHARTER

UNIVERSITY
OF ROCHESTER

Rochester
, Monroe County

A provisional charter was granted to this corporation by action of the Board of Regents on February 14, 1851 to operate a university.  Such provisional charter was made absolute by Regents action on January 10, 1861.  Such absolute charter was amended by Regents action on December 12, 1918, by Special Act of the Legislature under Chapter 150 of the Laws of 1925 on March 16, 1925 and again by Regents action on October 16, 1935, April 27, 1951, May 23, 1952, March 20, 1964 and March 20, 1979.   Such absolute charter was granted Regents consent on September 11, 2006 to authorize the corporation to use the assumed name “The Sherwood I. Deutsch Pharmacy” for its on-site pharmacy operated by the University’s Strong Memorial Hospital division. The board of trustees has applied for an amendment to the absolute charter to change the number of trustees to be not less than five nor more than fifty.  The Office of Higher Education recommends that the absolute charter be amended accordingly.

PROVISIONAL CHARTER

FINGER
LAKES HEALTH COLLEGE
OF NURSING

Geneva
, Ontario
County

The board of trustees has petitioned the Board of Regents to form a corporation to operate a college of nursing for the purpose of educating men and women to practice the profession of nursing; to confer the degree of Associate in Applied Science (A.A.S.) upon graduates of the program in registered professional nursing; to prepare the graduates to further their education through transfer of credits in a college or university which confers a Baccalaureate degree; and to have and exercise all powers necessary and convenient to effect any and all of the foregoing purposes for which the corporation is formed, together with all the powers now or hereafter granted to it by the State of New York.  The Office of Professions recommends that a provisional charter be granted for a period of five years.

EXTENSION OF PROVISIONAL CHARTER

THE AMERICAN INSTITUTE FOR MENTAL IMAGERY

New York City
, New York
County

A provisional charter was granted to this corporation by action of the Board of Regents under the corporate name “The Colette Aboulker-Muscat Center for Waking Dream Therapy & Education" on October 22, 1982 to advance the practical and philosophic ground for the enrichment of the therapeutic process and provide a suitable educational approach for such enrichment.  Such provisional charter was amended by Regents action on April 5, 1994 to include a name change to “The American Institute for Mental Imagery” and, as so amended, extended.  Such provisional charter was amended and extended by Regents action on July 14, 2000.  The board of trustees has petitioned for an extension of the provisional charter. The Office of the Professions recommends that the provisional charter be extended for a period of five years to allow the corporation time to further develop its programs.

A
PPLICATION FOR REGENTS CONSENT TO FILE A CERTIFICATE OF ASSUMED NAME

THE CULINARY INSTITUTE OF AMERICA

Hyde Park, Dutchess County

An absolute charter in the first instance was granted to this corporation by action of the Board of Regents on November 19, 1971 to operate an institution of higher learning in the culinary arts.  Such absolute charter was amended by Regents action on June 25, 1993 and consolidated by Regents action on October 23, 2007 with the Center for Foods of the Americas, non-profit corporation, incorporated under the laws of Texas by a certificate of incorporation filed with the Secretary of State of Texas with the surviving corporation being The Culinary Institute of America.  Such absolute charter was granted Regents consent on October 23, 2007 to authorize the corporation to use the assumed name “CIA Culinary Institute of America.”   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 “The Culinary Institute of America, San Antonio.” The Office of Higher Education recommends that the consent of the Board of Regents to the filing of such certificate of assumed name be granted.

 

Appendix II

REGENTS ACTIONS IN 34 PROFESSIONAL DISCIPLINE CASES

AND 2 RESTORATION PETITIONS

April 14-15, 2008

              The Board of Regents announced disciplinary actions resulting in the revocation of 3 licenses, surrender of 2 licenses, and 29 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

 
Nursing

              Junie Georges a/k/a Junie Prud’homme Georges; Licensed Practical Nurse, Registered Professional Nurse; 290 American Boulevard, Brentwood, NY 11717; Lic.Nos. 170148, 417968; Cal. Nos. 23348, 23347; Found guilty of professional misconduct; Penalty: Revocation.

              Dean G. Barr; Licensed Practical Nurse; 1946 Campus Drive, Hyde Park, NY 12538; Lic. No. 283230; Cal. No. 23861; Application to surrender license granted.  Summary: Licensee did not contest the charge that between January and February 2007, while employed and on duty as a licensed practical nurse at Good Samaritan Hospital Medical Center, West Islip, New York, he repeatedly diverted the controlled drug hydromorphone from the Medical Center’s supply for his own use.

Public Accountancy

              Elisa M. Paolini a/k/a Elisa M. Maruottolo a/k/a Elisa Maruottolo; Certified Public Accountant; 28 Northgate, Goshen, NY 10924; Lic.No. 062642; Cal. No. 23494; Found guilty of professional misconduct; Penalty: Revocation.

              Sam Antar; Certified Public Accountant; 115 Broadway, New York, NY 10006; Lic. No. 050872; Cal. No. 23835; Application to surrender license granted.  Summary: Licensee admitted to charges of having been convicted of Conspiracy to Commit Securities Fraud and Mail Fraud and of Obstruction of Justice.

II. OTHER REGENTS DISCIPLINARY ACTIONS

Massage Therapy

              Amy Ying-Jen Liu; 4769 Oakmont Street, Philadelphia, PA 19136; Lic. No. 007018; Cal. No. 23636; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $3,500 fine.

              Penny Graziano; P.O. Box 10171, Newburgh, NY 12550; Lic. No. 011125; Cal. No. 23741; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice, upon termination of suspension 2 years probation to commence if and when return to practice, $500 fine payable within 5 months.

Nursing

               Mary Stefania Allen; Registered Professional Nurse; 1740 Elizabeth Street, Schenectady, NY 12303; Lic. No. 414641; Cal. No. 23653; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for no less than one month and until fit to practice, upon termination of suspension 2 years probation to commence upon return to practice, $500 fine payable within 6 months.

              Kathryn Wilson; Licensed Practical Nurse; 47 Millay Lane, Bay Shore, NY 11706; Lic. No. 239801; Cal. No. 23663; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $250 fine.

              Donna Marie Johnstone; Licensed Practical Nurse; P.O. Box 407, Morris, NY 13808; Lic. No. 268872; Cal. No. 23666; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $250 fine.

              MedinaManashirova; Registered Professional Nurse; 35 Wolcott Avenue, Staten Island, NY 10312; Lic. No. 521717; Cal. No. 23698; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $1,000 fine.

              Rachel Love Dufrene; Licensed Practical Nurse; 10421 Smith Road, Middlesex, NC 27557; Lic. No. 269917; Cal. No. 23713; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $250 fine.

              Susan Carman; Licensed Practical Nurse; P.O. Box 262, Port Leyden, NY 13433; Lic. No. 257400; Cal. No. 23729; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $250 fine.

              Deborah L. Amidon; Registered Professional Nurse; 2439 Route 20 East, Cazenovia, NY 13035-9401; Lic. No. 258493; Cal. No. 23765; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

              Roseanne Lockwood-Caporale; Licensed Practical Nurse; 1005 Village Drive, Brewster, NY 10509; Lic. No. 218374; Cal. No. 23774; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation.

              LirrilL. Hylton; Licensed Practical Nurse; 97-21 Remington Street, Jamaica, NY 11435-4616; Lic. No. 114916; Cal. No. 23775; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation.

              Sarah Owusu-Ansah; Licensed Practical Nurse, Registered Professional Nurse; 2050 Washington Avenue, Bronx, NY 10457; Lic. Nos. 259410, 518729; Cal. Nos. 23778, 23779; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation.

              MavilieRuiz; Licensed Practical Nurse; 1173 West Avenue, Buffalo, NY 14213; Lic. No. 232380; Cal. No. 23780; Application for consent order granted; Penalty agreed upon: 3 year stayed suspension, 3 years probation.

              Bessie Lee Williams; Licensed Practical Nurse, Registered Professional Nurse; 537 Monroe Avenue, Buffalo, NY 14211; Lic. Nos. 133831, 322791; Cal. Nos. 23781, 23782; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

              Maryann Ten Eyck; Registered Professional Nurse; 5 Ray Street, Niskayuna, NY 12309; Lic. No. 494915; Cal. No. 23802; 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, Order to supersede Deputy Commissioner’s Order No. 21139.

              KlavdiaVicktorovna Rozhkova; Registered Professional Nurse; 2 Elmwood Park Drive, Staten Island, NY 10314; Lic. No. 546329; Cal. No. 23846; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 24 months probation, $1,000 fine.

Occupational Therapy

               Seth Michael Owens; 179½ Park Avenue, Watertown, NY 13601; Lic. No. 012625; Cal. No. 23631; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Pharmacy

              Louis P. Sosa; 74 Dalton Street, Long Beach, NY 11561; Lic. No. 037919; Cal. No. 23493; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $3,500 fine.

              Eckerd Corporation #5906; Pharmacy; Government Affairs, Rite Aid Corporation, P.O. Box 3165, Harrisburg, PA 17105; Reg. No. 023862; Cal. No. 23555; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $10,000 fine.

              Jenny Pui-Ming Lam; 99-26  65th Road, Rego Park, NY 11374-3655; Lic. No. 049897; Cal. No. 23639; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $2,500 fine.

              Genovese Drug Stores, Inc. d/b/a Rite Aid Pharmacy; Pharmacy; 168 North Village Avenue, Rockville Centre, NY 11570; Reg. No. 015058; Cal. No. 23648; Application for consent order granted; Penalty agreed upon: $1,000 fine payable within 30 days.

              AnilaLakhani Shah; 1 Churchill Drive, New Hyde Park, NY 11040; Lic. No. 039105; Cal. No. 23660; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,000 fine.

              ABC Pharmacy, Inc.; Pharmacy; 5015 Eighth Avenue, Brooklyn, NY 11220; Reg. No. 026818; Cal. No. 23685; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, 1 year probation, $5,000 fine.

              M. Poltarak, Inc. d/b/a Hunt’s Point Drug Co.; Pharmacy; 2799 Third Avenue, Bronx, NY 10451; Reg. No. 009294; Cal. No. 23749; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $15,000 fine.

Physical Therapy

               Jacqueline Morgan; Physical Therapist; 647 Everdell Avenue, West Islip, NY 11795; Lic. No. 014841; Cal. No. 23733; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $1,000 fine.

              Suzanne Luba Knittel; Physical Therapist Assistant; 4 Matthew Circle, Rochester, NY 14624; Cert. No. 001923; Cal. No. 23814; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Veterinary Medicine

              Steven Joseph Agoston; 23 Dr. Duggan Road, Bethel, NY 12720; Lic. No. 007951; Cal. No. 23751; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $2,500 fine.

III. RESTORATIONS

              The Board of Regents voted on April 15, 2008 to stay the revocation of the physician license of Gregory O’Keefe, 416 Ritter Road, Little Falls, NY 13365, and to place him on probation for a period of two years under specified terms and conditions.  Dr. O’Keefe’s license was originally revoked effective November 20, 2000.

              The Board of Regents voted on April 15, 2008 to deny the petition for restoration of the physician license of Steven St. Lucia, 1532 Valencia Road, Niskayuna, NY 12309. Dr. St. Lucia’s license was originally revoked effective January 10, 2000.