I. SURRENDERS
SUMMARY OF THE OCTOBER MEETING
OF THE BOARD OF REGENTS
OF
THE UNIVERSITY OF THE STATE OF NEW YORK
Held at the State Education Building
Albany, New York
October 25 and 26, 2007
David Johnson, Secretary
Board of Regents
THE BOARD OF REGENTS
The Board of Regents of The University of the State of New York held public sessions on Monday, October 22, at 11:00 a.m. and 4:00 p.m. and Tuesday, October 23, at 1:15 p.m. pursuant to a call duly sent to each Regent.
MEETING OF THE FULL BOARD, Monday, October 22, 11:00 a.m.
Board Members in Attendance:
Robert M. Bennett, Chancellor
Merryl H. Tisch, Vice Chancellor
Saul B. Cohen
James C. Dawson
Anthony S. Bottar
Geraldine D. Chapey
Arnold B. Gardner
Harry Phillips, 3rd
Joseph E. Bowman, Jr.
James R. Tallon, Jr.
Milton L. Cofield
Roger B. Tilles
Natalie M. Gomez-Velez
Charles R. Bendit
Also present were the Commissioner of Education, Richard P. Mills, Counsel, Kathy Ahearn, and the Secretary, Board of Regents, David Johnson. Regent Karen Brooks Hopkins was absent and excused.
Chancellor Robert M. Bennett called the meeting to order at 11:00 a.m.
Executive Session Motion
MOVED, that the Board of Regents convene in Executive Session on Tuesday, October 23, at 7:30 a.m. for the purpose of discussing pending litigation and personnel matters.
Motion by: Vice Chancellor Merryl H. Tisch
Seconded by: Regent Geraldine D. Chapey
Action: Motion carried unanimously
ACTION ITEM
Detailed Regents 2008-09 Proposal on State Aid to School Districts
BR (A) 7
The Regents State Aid proposal recommends continuation of the foundation formula advocated by the Regents and enacted in the 2007-2008 State Budget. It is focused on three Regents goals: to close the gap between actual and desired student achievement; to ensure that public education resources are adequate; and to ensure that public education resources are used by school districts effectively and efficiently.
The Regents propose a preliminary estimated increase of $1.9 billion in six general aid categories. Included in this total increase, it is recommended that the Legislature and Governor appropriate a $1.7 billion increase for general purpose aid, including the second year of a phase-in of a new, simplified Foundation Aid to assist school districts in raising student achievement and accelerating gap closing.
MOVED, that the Board of Regents recommend a proposal with a preliminary estimated increase of $1.9 billion in State aid to school districts for 2008-09.
Motion by: Regent James R. Tallon, Jr.
Seconded by: Vice Chancellor Merryl H. Tisch
Action: Motion carried unanimously (Regent Anthony S. Bottar and Regent Milton L. Cofield absent for vote)
DISCUSSION ITEMS
Commissioner’s Report to the Board
The Commissioner’s written monthly report focused on priority subject areas under consideration during the October monthly meeting: Regents Budget 2008-09 Proposals; Regents Legislative Priorities; Foundation Formula Proposal; and, Regents Commitment to Interagency Partnerships.
In discussion, Board members, in relation to the Regents Legislative Priorities, requested a complete listing of ongoing Department priorities and, related to the priority to reduce and then eliminate the inequitable distribution of teaching talent, link new teacher retention.
Review of the Implementation of the Recommendations of the Regents Commission on Library Services
BR (D) 1
Mr. Gerald Nichols, a member of the Regents Commission on Library Services, presented an overview of the report on the implementation of the ten recommendations of the Commission in the context of their overall P-16 education reform strategy.
MEETING OF THE FULL BOARD, Monday, October 22, 4:00 p.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.
James R. Tallon, Jr.
Milton L. Cofield
Roger B. Tilles
Natalie M. Gomez-Velez
Charles R. Bendit
Also present were the Commissioner of Education, Richard P. Mills, Counsel, Kathy Ahearn, and the Secretary, Board of Regents, David Johnson. Regents Saul B. Cohen and Karen Brooks Hopkins were absent and excused.
Chancellor Robert M. Bennett called the meeting to order at 4:00 p.m.
Conversation with Dr. Olivia Golden
Dr. Olivia Golden, Director of State Operations, met with the Board for a conversation on the structure and responsibilities of the Children’s Cabinet. The conversation focused on healthcare and the pre-kindergarten experience, opportunities for partnering with parents and children, teacher preparation for early childhood learning and funding opportunities for school and health agency collaborations.
MEETING OF THE FULL BOARD, Tuesday, October 23, 1:15 p.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.
James R. Tallon, Jr.
Roger B. Tilles
Natalie M. Gomez
Charles R. Bendit
Also present were the Commissioner of Education, Richard P. Mills, Counsel Kathy Ahearn and the Secretary, Board of Regents, David Johnson. Regents Saul B. Cohen, Milton L. Cofield and Karen Brooks Hopkins were absent and excused.
Chancellor Robert M. Bennett called the meeting to order at 1:15 p.m.
CONSENT AGENDA ITEMS
Charter Applications for October 2007
BR (A) 1
MOVED, that the Regents approve each application in accordance with the recommendations contained in the respective summaries.
Summary of the September 2007 Meeting
BR (A) 2
MOVED, that the Summary of the September 2007 meeting of the Board of Regents of The University of the State of New York be approved.
Interim Action by Standing Committees
BR (A) 3
VOTED, that the Standing Committees of the Board of Regents, be and they hereby are authorized to take interim action for the Board of Regents during the period commencing on October 24, 2007 and ending on December 12, 2007 and that any such action shall be reported to the Board at its meeting on December 13-14, 2007.
MOVED, that the Regents approve by consent the following coded items: BR (A) 1, BR (A) 2, BR (A) 3.
Motion by: Vice Chancellor Merryl H. Tisch
Seconded by: Regent Harry Phillips, 3rd
Action: Motion carried unanimously
Acceptance of a $1,130,946 grant from the National Science Foundation to Support the creation of “Movebank” an online database for archiving and studying animal movement
BR (A) 4
MOVED, that the Regents accept the sum $1,130,946 from the National Science Foundation to further the work of the Office of Cultural Education – New York State Museum.
Motion by: Regent Anthony S. Bottar
Seconded by: Regent Roger B. Tilles
Action: Motion carried unanimously
State Education Department September 2007 Fiscal Report
BR (A) 5
The Board received the September 2007 Fiscal Report for review and acceptance. Also included is a Variance Report summarizing adjustments for the month.
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 September 2007 State Education Department Fiscal Report as presented.
Motion by: Regent James R. Tallon, Jr.
Seconded by: Regent Roger B. Tilles
Action: Motion carried unanimously
2008-2009 Budget Development Process
BR (A) 6
The Board reviewed for approval the Department’s 2008-2009 Budget Proposal. The proposal is developed upon five budget priorities based on the Regents P-16 Plan and its 13 strategies for improving results system wide: improve achievement for students in greatest need; reduce and then eliminate inequitable distribution of teaching talent; implement year two of P-16 accountability; improve achievement by increasing access to museums, cultural institutions and online library services; and enable more individuals with disabilities to live and work independently.
In its deliberation the Board approved an amendment to the Budget Proposal, increasing the request by $28,300,000 for cultural education program initiatives. Included are increases in the following: Cultural and Museum Education Act; Statewide Aid to Libraries; Statewide Internet Library; Library Construction Aid; Early Childhood Literacy; Summer Reading; Talking Book-Braille Library; Trustee Training; Extended State Library and Archives Hours; State and Local Electronic Records; and, Disaster Preparedness.
MOVED, that the Board of Regents approve the 2008-2009 State Education Department Budget Proposal as presented with an amendment increasing the request by $28,3000,000 for cultural education program initiatives.
Motion by: Regent James C. Dawson
Seconded by: Regent Arnold B. Gardner
Action: Motion carried unanimously
Action to Implement Regents P-16 Strategic Plan and Regents 2008-09 Budget Proposal
BR (D) 3
The Regents Priority Legislative Program for 2008 was presented to the Board for final review and action.
MOVED, that the Board of Regents approve the Regents Priority Legislative Proposals for 2008.
Motion by: Regent Joseph E. Bowman, Jr.
Seconded by: Regent James C. Dawson
Action: Motion carried unanimously
DISCUSSION ITEM
Champlain-Hudson-Fulton Quadricentennial
BR (D) 2
Regent James C. Dawson provided an overview of the involvement of program areas in the Office of Cultural Education and Office of Elementary, Middle, Secondary and Continuing Education in the development of Champlain-Hudson-Fulton Commemoration instructional materials.
INFORMATION ITEM
Report on Roosevelt Union Free School District
BR (I) 1
The Board received a monthly report updating progress made in the Roosevelt UFSD and next steps to support student success.
Senior Deputy Commissioner Johanna Duncan-Poitier led the discussion, focusing on leadership in the District, examples of progress made, a fiscal update, and next steps.
MISCELLANEOUS
Certificate in Recognition of Distinguished
Service to Dr. William Brosnan
Commissioner Richard P. Mills presented a Certificate in Recognition of Distinguished Service to Dr. William Brosnan for extraordinary efforts in making a positive difference in the lives of the children of the Roosevelt UFSD.
STANDING COMMITTEE REPORTS
MOVED, that the reports from the Regents Standing Committees be approved as submitted.
Motion by: Regent Anthony S. Bottar
Seconded by: Regent Joseph E. Bowman, Jr.
Action: Motion carried unanimously
REGENTS COMMITTEE ON ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION – VOCATIONAL AND EDUCATIONAL SERVICES FOR INDIVIDUALS WITH DISABILITIES
Your EMSC-VESID Committee held its scheduled meeting on October 22, 2007. All members were present.
ACTION ITEMS
New York
State
Learning Standards Review and Revision Process
Your Committee received a proposed plan and time table for the review and revision of the New York State learning standards as required by the Regents P-16 Action Plan and Chapter 57 of the Laws of 2007. The Committee recommended that staff implement the plan in consultation with the Chair of the Regents Steering Committee. [EMSC-VESID (A) 4]
Regulations
Your Committee received an update on the status of the Contracts for Excellence. Members of the Committee asked questions about the timeline for approval of the Contracts and monitoring compliance. Committee members made suggestions on issues including the process for the announcement and release of the contracts to schools and the public. Senior Deputy Commissioner Duncan-Poitier provided information on additional revisions to the regulations based on the Department’s experience in implementing this new initiative and public comment received that will be considered before final adoption by the Board of Regents. In addition, the Committee will receive additional information on the Department’s coordinated monitoring plan and how monitoring compliance with the Contracts for Excellence will be incorporated into that plan. Your Committee recommends that the Board of Regents add, by emergency adoption and in accordance with Chapter 57 of the Laws of 2007 (Article VII), section 100.13 of the Regulations of the Commissioner and amend paragraph (1) of subdivision (e) of section 170.12 as submitted, effective November 25, 2007, 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 April Regents meeting, and revised and readopted at the June and July Regents meetings, and readopted at the September Regents meeting, remains continuously in effect until the effective date of its adoption as a permanent rule. [EMSC-VESID (A) 5]
Your Committee recommends that the Board of Regents repeal the emergency action taken at the September 10, 2007 meeting, which repealed Subpart 151-1 and added a new Subpart 151-1 of the regulations of the Commissioner of Education relating to Universal Prekindergarten, effective October 30, 2007. Your Committee further recommends that the Board of Regents repeal Subpart 151-1 of the regulations of the Commissioner of Education and a new Subpart 151-1 be added, as submitted, effective October 30, 2007, as an emergency action for the preservation of the general welfare to adopt revisions to provide additional flexibility with respect to the staffing of eligible agencies offering universal prekindergarten instruction, and to otherwise ensure that the emergency rule adopted at the May Regents meeting, and readopted at the July and September Regents meeting, remains continuously in effect until the effective date of its adoption as a permanent rule. [EMSC-VESID (A) 3]
Your Committee recommends that the Board of Regents add, by emergency adoption and in accordance with Chapter 57 of the Laws of 2007 (Article VII), sections 100.14 and 100.15 of the regulations of the Commissioner of Education relating to the Excelsior Scholars program and grants for summer institutes, as submitted, effective October 30, 2007. [EMSC-VESID (A) 1]
Your Committee recommends that the Board of Regents add, by a second emergency adoption and in accordance with Chapter 57 of the Laws of 2007 (Article VII), section 170.13 of the regulations of the Commissioner of Education relating to the maintenance of effort in certain cities, as submitted, October 29, 2007. Your Committee further recommends that the Board of Regents add as a permanent rule, section 170.13 of the regulations of the Commissioner of Education, effective November 15, 2007. [EMSC-VESID (CA) 4]
Your Committee recommends that the Board of Regents add, by a second emergency adoption and in accordance with Chapter 57 of the Laws of 2007 (Article VII), section 119.4 of the regulations of the Commissioner of Education relating to the conduct of charter school public hearings, as submitted, October 29, 2007. Your Committee further recommends that the Board of Regents add as a permanent rule, section 119.4 of the regulations of the Commissioner of Education, effective November 15, 2007. [EMSC-VESID (CA) 6]
Your Committee recommends that the Board of Regents add, by a second emergency adoption and in accordance with Chapter 57 of the Laws of 2007 (Article VII), section 3.16 of the rules of the Board of Regents relating to the delegation of authority with respect to certain charter school hearings, as submitted, October 29, 2007. Your Committee further recommends that the Board of Regents add as a permanent rule, section 3.16 of the rules of the Board of Regents, effective November 15, 2007. [EMSC-VESID (CA) 3]
Charter
School
Revisions
Your Committee recommends that the Board of Regents approve the revision to the initial charter of the Urban Choice Charter School, and the provisional charter is amended accordingly. [EMSC-VESID (A) 2]
Your Committee recommends that the Board of Regents approve the revision to the initial charter of the Westminster Community Charter School as proposed by the Board of Education of the Buffalo Public Schools, and the provisional charter is amended accordingly. [EMSC-VESID (A) 2]
Consent Agenda Items
Your Committee recommends that the Board of Regents approve the registration of two public high schools. [EMSC-VESID (CA) 5]
Your Committee recommends that the Board of Regents give consent to the issuance of bonds and/or bond anticipation notes by the Board of Education of the Elmira CSD in an amount not to exceed $570,000 to purchase buses, vans and station wagons for student transportation; and the issuance of such bonds and/or bond anticipation notes in excess of the constitutional debt limit of said school district. [EMSC-VESID (CA) 1]
Your Committee recommends that the Board of Regents give consent to the issuance of bonds and/or bond anticipation notes by the Board of Education of the Hornell City School District in an amount not to exceed $228,000 to purchase buses, a van and video equipment for the district’s bus fleet; and the issuance of such bonds and/or bond anticipation notes in excess of the constitutional debt limit of said school district. [EMSC-VESID (CA) 2]
MOTION FOR ACTION BY FULL BOARD
Mr. Chancellor and Colleagues: Your EMSC-VESID 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 October 23, 2007, copies of which have been distributed to each Regent.
MATTERS NOT REQUIRING BOARD ACTION
Education Programs and services for students with autism, including Aspergers Syndrome – The Committee discussed a report on autism, including regulatory requirements, targeted activities to improve education services and results for children with autism, current initiatives to expand the availability of education programs, and next steps. The Committee asked that more information be shared at the next meeting. [EMSC-VESID (D) 2]
Proposed 2008-09 Budget Initiatives – The Committee heard a presentation from Commissioner Mills on the P-16 Plan and the proposed budget priorities. The Committee discussed how the budget items are linked to the Regents legislative priorities and asked for more detail on specific issues including staffing to implement new initiatives included in the proposed budget priorities. [EMSC-VESID (D) 3]
REGENTS COMMITTEE ON HIGHER EDUCATION
AND PROFESSIONAL PRACTICE
Your Higher Education and Professional Practice Committee held its scheduled meeting on October 23, 2007. All members were present, except Regent Sault B. Cohen and Regent Milton L. Cofield, who were excused.
ACTION ITEMS
Professional Discipline Cases
Your Committee recommends that the reports of the Regents Review Committees, including rulings, findings of fact, determinations as to guilt, and recommendations, by unanimous or majority vote, contained in those reports which have been distributed to you, be accepted in 4 cases and modified in one case as hereinafter set forth. In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 56 consent order applications and 8 surrender applications be granted.
These recommendations are made following the review of 69 cases involving 15 registered professional nurses, 13 licensed practical nurses, nine licensed practical nurses who are also registered professional nurses, five pharmacists, four pharmacies, two clinical laboratory technicians, two dentists, two professional engineers, two veterinarians, one acupuncturist, one architect, one certified public accountant, two licensed master social workers, and one respiratory therapist.
In the case of Michael Boomer, Licensed Practical Nurse, Calendar No. 23283, we recommend that the recommendation of the Regents Review Committee be accepted, with the last sentence in the second paragraph of the Determination as to Guilt section modified to read: On July 20, 2004, respondent submitted a false insurance claim to Progressive Insurance Company, knowing the information was false, for reimbursement of lost wages, which were subsequently paid to him covering the period of time from December 23, 2003 to February 10, 2005.
Action Items
Your Committee recommends that the Board of Regents accredit for three years, the teacher education program offered by the School of Visual Arts with conditions. The vote for the motion to approve was 4 yes and 1 no (Regent Gardner). [HE&PP (A) 1]
Your Committee recommends that the Board of Regents grant probationary institutional accreditation to Sunbridge College for a period of two years ending on December 31, 2009. The College shall provide a progress report, due July 31, 2008. If the July 2008 report indicates that the College has not made substantial progress on the recommendations, the College’s accreditation will be brought before the Board of Regents for reconsideration. [HE&PP (A) 2]
Regulations for Approval
Your Committee recommends that Part 31 of the Rules of the Board of Regents be added relating to civil enforcement proceedings for the unauthorized practice of the professions and the unauthorized use of a professional title. This amendment is needed to implement the requirements of Section 6516 of the Education Law by specifying the requirements for the submission of complaints, investigations, hearing requests and stay requests; the contents of a cease and desist order; the standards for the imposition of civil penalties and restitution and the procedures for hearings and appeals. The Committee heard a presentation that covered the major requirements of the proposed regulation. The effective date will be November 15, 2007. [HE&PP (D) 2]
Consent Agenda Items
Your Committee recommends that the Board of Regents approve the amendment to the master plan authorizing Houghton College to offer a Master of Education (Ed.M.) degree program in Literacy Education. [HE&PP (CA) 1]
Your Committee recommends that the Board of Regents approve the amendment to the master plan authorizing Vaughn College of Aeronautics and Technology to offer a Master of Science (M.S.) degree program in Airport Management. [HE&PP (CA) 2]
Your Committee recommends that the Board of Regents approve the amendment to the master plan authorizing Dowling College: Brookhaven Campus to offer a Bachelor of Science (B.S.) degree program in Applied Mathematics. [HE&PP (CA) 3]
Your Committee recommends that the Board of Regents confer degrees upon students completing programs at Taylor Business Institute, Long Island Business Institute, Professional Business College and Bethel Seminary of the East. [HE&PP (CA) 4]
Your Committee recommends amendment to the Regulations of the Commissioner of Education relating to requirements for licensure as a licensed clinical social worker, limited permits to practice licensed clinical social work and the supervision of clinical social work services provided by a licensed master social worker. [HE&PP (CA) 5]
Your Committee recommends that the Board of Regents approve the recommendations of the Committee on the Professions regarding Licensing Petitions. [HE&PP (CA) 6]
Your Committee recommends that the Board of Regents approve the appointment of Deputy Commissioner Rebecca Cort and Deputy Commissioner Jeffrey Cannell to the Committee on the Professions. [HE&PP (CA) 7]
Your Committee recommends that the Board of Regents approve the proposed extension of permission to operate in New York State for Yale University: Adult Advanced Practice Nursing Program. [HE&PP (CA) 8]
Your Committee recommends that the Board of Regents approve the proposed extension of permission to operate in New York State for Yale University: Graduate Entry Prespecialty in Nursing Program. [HE&PP (CA) 9]
Your Committee recommends that the Board of Regents approve the updates to the list of Regents Physician Shortage Areas as recommended by the Department of Health. [HE&PP (CA) 10]
Your Committee recommends that the Board of Regents add section 145-2.15 to the regulations of the Commissioner of Education, as submitted, effective November 15, 2007. [HE&PP (CA) 11]
Your Committee recommends that the Board of Regents approve the appointments and reappointments of members to the State Boards for the Professions; reappointments of members to the State Board for Professional Medical Conduct; and appointments and reappointments of extended members to the State Boards for the Professions for service on licensure disciplinary and/or licensure restoration and moral character panels. [HE&PP (CA) 12]
Your Committee recommends that the Board of Regents appoint to the State Professional Standards and Practices Board, Stephen J. Uebbing (higher education) to fill an unexpired term beginning October 23, 2007 and ending June 30, 2009.
MOTION FOR ACTION BY FULL BOARD
Mr. Chancellor and Colleagues: Your Higher Education and Professional Practice Committee recommends, and I move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on October 23, 2007, copies of which have been distributed to each Regent.
MATTERS NOT REQUIRING BOARD ACTION
Your Committee discussed several topics of interest, including:
- Proposed amendment to the Regulations of the Commissioner of Education relating to the professional education requirement for admission to the licensing examination for veterinary technicians. The proposed amendment is to change the professional education requirement for admission to the licensing examination for veterinary technicians so that students completing registered or credited programs of education for veterinary technology may be admitted to the licensing examination within their final six months of such professional study immediately preceding their date of graduation. The amendment is needed to align examination admission requirements in this field with practice in other states and thereby remove the competitive disadvantage that New York State students confront. These regulations will be submitted for action at the January 2008 Regents meeting. [HE&PP (D) 3]
- Study of the Evaluation of Teacher Preparation in New York State. The Committee heard a presentation on a study that was conducted regarding the evaluation of the effectiveness of teacher preparation programs in consultation with institutions of higher education (in accordance with Chapter 57 of the Laws of 2007). The Committee was provided with recommendations for the evaluation of teacher education programs, including the comprehensive review of the Regents teaching policy and the development or modification of data systems and estimated costs. The Committee suggested revising the Department’s 2008-09 budget proposal to include some or all of the estimated costs.
- Regulatory Relief in the Event of the Temporary Closure of an Institution as a Result of a Disaster. The Committee discussed the proposed amendment that would provide regulatory relief in the event of the temporary closure of an institution as a result of a disaster. The amendment is a proactive step by the Regents to provide a means of regulatory relief in the event of a catastrophic incident. The proposed amendment will be submitted to the Regents for approval in December.
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 October 23, 2007 in Room 311EB. Regents Dawson, Tilles, Gardner, Phillips and Bowman were in attendance. Regent Brooks Hopkins was absent.
ITEMS FOR DISCUSSION
Chairs’ Remarks
Regent Dawson opened the meeting with a discussion on the 2008-2009 Cultural Education Budget Initiatives and discussed the Revised 2008-2009 Cultural Education Budget Proposals as follows:
Initiative Revised to:
Cultural and Museum Education Act $30,000,000
Statewide Aid to Libraries 11,000,000
Statewide Internet Library 10,000,000
Library Construction Aid 20,000,000
Early Childhood Literacy 5,000,000
Summer Reading 1,000,000
Talking Book and Braille Library (TBBL) 800,000
Trustee Training 750,000
Extended State Library and Archives Hours 750,000
State and local Electronic Records 500,000
Disaster Preparedness 500,000
Total: $80,300,000
Requested a name change from Museum Education Act to Cultural and Museum Education Act and to proposed budgetary changes to Executive Session.
(CE (CA)1 - Reappointment of Dr. John Jay Iselin to the Board of the Archives Partnership Trust
Christine Ward stated that Dr. Iselin’s term has recently expired and he is eligible to serve for another three-year term. Dr. Iselin is a leader in educational, cultural and civic affairs in New York State and brings over thirty-five years of exemplary experience in community affairs to the Archives Partnership Trust Board. He has been an enthusiastic Board member, opening doors for us with several foundations and potential donors and providing sage advice with respect to fund raising strategies. Therefore, it is requested that the Regents reappoint John Jay Iselin to the Board of the Archives partnership Trust for a three-year term beginning on October 23, 2007.
CE (A) 1 - Proposed Amendment to Section 90.12 of the Regulations of the Commissioner of Education Relating to State Aid for Public Library Construction
The above proposed amendment was adopted as an emergency measure at the July 25, 2007 Regents meeting with an effective date of July 31, 2007. The July emergency rule will expire on October 28, 2007. The second emergency action will become effective on October 29, 2007 with the permanent adoption of the proposed amendment effective on November 15, 2007. A copy of the Assessment of Public Comment was provided.
It is recommended that the Board of Regents take the following action:
- VOTED: That paragraph (5) of subdivision (a), subdivision (c), paragraphs (1) and (2) of subdivision (e), and subdivision (f) of section 90.12 of the Regulations of the Commissioner of Education be amended, as submitted, effective November 15, 2007.
- VOTED: That paragraph (5) of subdivision (a), subdivision (c), paragraphs (1) and (2) of subdivision (e), and subdivision (f) of section 90.12 of the Regulations of the Commissioner of Education be amended, as submitted, effective October 29, 2007, 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 July Regents meeting remains continuously in effect until the effective date of its adoption as a permanent rule.
CE (D) 1 - Amendment of Sections 185.1, 185.2, 185.3, 185.5, 185.6, 185.7, 185.8, 185.9 and 185.10 of the Regulations of the Commissioner of Education – Local Government Records Management
Christine Ward presented information regarding the proposed amendment listed above. The proposed amendment has been recommended by the State Education Department after consultation with and review by the New York State Local Government Records Advisory Council. A Notice of Proposed Rule Making was published in the State Register on September 26, 2007. It is anticipated that the proposed amendment will be submitted for approval at the December 2007 meeting, with a proposed effective date of January 3, 2008.
CE (D) 2 Public Television’s Impact on Teaching & Learning, July 1, 2006 through July 31, 2007
Liz Hood presented and provided background information regarding the above Regents Item. A handout titled - Public Television Statewide Educational Services Data 2006-07 - provided additional information. Staff recommends that the Cultural Education Committee review the information presented and provide direction to staff.
CE (D) 3 - New YorkStateArchives Five-Year Plan and Strategic Priorities
Christine Ward presented to the Committee the full plan for the New York State Archives Five Year Plan and Strategic Priorities including its history, and provided background information. The plan outlined efforts and identified the strategic priorities that will be the focus for the next five years.
The Regents were asked to review the five-year strategic plan and discuss the opportunities and challenges these embody for the Archives service and stewardship functions. Ms. Ward pointed-out the four key areas identified using the Archives strategic planning efforts.
Implementation of this plan began in September 2007 and will continue with yearly review and adjustment through March 2011. It is recommend that the Regents endorse this plan as an essential component of SED’s stewardship of the State’s information resources as key to achieving the goals will be ensuring the necessary technology infrastructure, partnerships, and fiscal/staff resources to accomplish them.
REGENTS COMMITTEE ON CULTURAL EDUCATION TRUSTEE MEETING
In Attendance: Regents Dawson, Tilles, Bowman and Phillips
Absent: Regents Gardner and Brooks Hopkins
Regent Dawson opened the meeting welcoming staff and Committee members. As part of addressing CET(D) 1, Regent Dawson provided some history and purpose of the Cultural Education Trusteeship Committee that was established under Deputy Commissioner Carole Huxley. It is the Committee’s responsibility to conduct three meetings annually to have a more in-depth focus on its responsibilities in the oversight of the State Museum, State Archives, and State Library in Albany – a slightly different approach than the work at the CE Committee meetings. Each Trusteeship meeting, therefore, will be conducted following the regularly scheduled Regents meetings for the months of February, June and October.
ITEMS FOR DISCUSSION
Deputy Commissioner Jeffrey Cannell announced that the budgetary information and CET(D) 2, Museum Gallery Renewal and Stewardship Collections Facility, would be presented by his colleagues. Regent Dawson had requested a “walk through” regarding the budget sheet and an extended explanation on how each line affects the Museum, Archives, and Library to have a better understanding of the budget, where funding comes from and where it goes, and the positions that are derived by the budget.
Deputy Commissioner Cannell introduced Sam Bogen, Administrative Officer. Mr. Bogen provided a handout reflecting the Financial Status, as of September 30, 2007, for the Office of Cultural Education. The material identified the areas of funding sources and special revenue accounts. Mr. Bogen explained the types of programs, services and including personnel that each category covered.
Regent Tilles requested a report that reflects a more detailed financial analysis -identifying sources of income and resources in addition to expenses, staffing salaries, as well as taking into account the affects of inflation, etc.
CET(D) 2 - Clifford Siegfried, Director and Assistant Commissioner for State Museum, offered a presentation showing the floor plans for the proposed new galleries and how the gallery renewals will integrate into existing exhibits. The Gallery Renewal is funded by a $20 million appropriation that was included in the 2007-2008 State budget.
Christina Phillips, Facilities and Program Coordinator, presented an overview of the process being made on the Stewardship Facility including the $60 million appropriation from the 2007-2008 State budget, which will be applied to the first phase of construction, continued work with OGS, site selection, a necessary feasibility study, budgetary needs, etc. Ms. Phillips also updated the Committee on the status of procuring land and announced that four of five board members for the Cultural Education (CE) Trust Board are in place. The appointment of a CE Trust Board member from the Assembly remains open.
THE REGENTS SUBCOMMITTEE ON AUDITS
The Regents Subcommittee on Audits met on October 22. The following Board members were in attendance: Geraldine D. Chapey (Chair), Joseph E. Bowman Jr. (Vice Chair), Arnold B. Gardner, and Milton L. Cofield.
The Subcommittee discussed the need to more efficiently process information identified through the many audits that are presented. Staff will present a proposal in December to enhance the effectiveness of the Subcommittee in identifying policy issues and taking needed action.
Activities of the Subcommittee for the period from September of 2006 to July 2007 were discussed. Staff provided a report on the activities which are included in the report. Staff also briefed the Subcommittee on the activities of the Office of Audit Services during the first year of its two-year audit plan.
The Subcommittee received a tentative agenda for meetings in 2008. In addition to reviewing audits at each meeting, the Subcommittee annually meets with the federal Single auditors, and the auditors that conduct the New York State Financial Statement Audit. In addition, meetings are scheduled with the Department’s Internal Control officer to review the list of school Districts in fiscal stress. Audit staff have also proposed other topics for consideration.
Audits presented to the Subcommitee identified findings in the areas of procurement, capital assets, claims processing, payroll, cash, financial reporting, information technology, conflicts of interest, budgeting and the extraclassroom activity fund.
The following audits were presented for review.
Office of Audit Services (OAS)
Clinical Associates of the Finger Lakes
New York State Museum Institute
Our Preschool Learning Adapted to Communication and Education (OUR P.L.A.C.E. School)
The Early Advantage for Children With Handicaps, Inc. (TEACH)
VESID Syracuse District Office
New York State Association of Retarded Citizens, Inc., Yates County Chapter – 3 reports
Office of the State Comptroller
Central Square Central School District
Clifton-Fine Central School District
Explore Charter School
Frewsburg Central School District
Gates Chili Central School District
George Junior Republic Union Free School District
Greenwich Central School District
Hannibal Central School District
Harpursville Central School District
Harrisville Central School District
Hermon-DeKalb Central School District
Hopevale Union Free School District – 2 reports
Ilion Central School District
Jamesville-DeWitt Central School District
Jefferson Central School District
Jericho Union Free School District
Keene Central School District
Leake & Watts Services, Inc.
Mamaroneck Union Free School District
Mayfield Central School District
Middletown - Enlarged City School District
Mohawk Central School District
Morrisville-Eaton Central School District
Nyack Union Free School District
Onondaga Central School District
Poughkeepsie City School District
Ramapo Central School District
Ravena-Coeymans-Selkirk Central School District
Red Hook Central School District
Saranac Central School District
Schalmont Central School District
Sisulu-Walker Charter School of Harlem
South Glens Falls Central School District
Stamford Central School District
Trumansburg Central School District
VADIR (Reporting of Violent and Disruptive Incidents by Public Schools)
Waterford-Halfmoon Union Free School District
Worcester Central School District
New York City Department of Education
FY05 & FY06 Internal Audits of Schools of the Department of Education of the City of New York
City of New York Office of the Comptroller
Audit Report on the Department of Education’s Reporting of Violent, Disruptive, and Other Incidents at New York City Public High Schools
Report on the Regents Subcommittee on Audits
2006-2007
In accordance with its written charge, the Regents Subcommittee on Audits assisted the Board of Regents in carrying out its oversight responsibilities for audits, ethical issues arising from audits, internal controls, and compliance with laws and regulations. The Subcommittee, which consists of five independent members, met eight times during the year. A summary of key items presented at the meetings follows.
- The need for internal controls and fiscal accountability dominated the discussions in the Subcommittee meetings.
- Members were informed of the various types of audits that are presented to the Subcommittee. During this year, the Subcommittee has received audits conducted by the Office of Audit Services, Office of the State Comptroller, the United States Department of Education Office of Inspector General, and a report issued by a Suffolk County Grand Jury.
- A total of 211 audit reports were presented to the Subcommittee members for their review and comments. These reports on school districts, BOCES, and Department programs identified 1,374 recommendations for improvements. In almost all cases, the auditees agreed to implement the recommendations.
- An entire meeting was devoted to meeting with Roosevelt School District officials to discuss the specific issues related to the discovery of a significant budget deficit.
- A partner from the accounting firm of Toski, Schaefer and Company presented information on the results of the Single Audit of federal funds that are received by the Department. There were five findings that related to the State Education Department.
- In response to concerns with governance expressed by Members of the Subcommittee, Department staff updated the Statement on the Governance Role of a Trustee or Board Member. The revised version includes updates addressing conflict of interest concerns as well as other internal control updates. The Members were provided with an opportunity to comment on proposed revisions. A final version was presented and has subsequently been distributed to the field.
- In response to input from the Members of the Subcommittee, the Department has developed a process to review each of the audits presented for possible action or further follow-up. The review involves staff from Counsel’s Office, the Office of Operations and Management Services and the Office for Education - P-16.
- The Members were briefed on the annual internal control certification process; the process is used by Department offices to assess their internal controls and prepare plans to strengthen the internal control process in the future.
- Staff briefed the Members on activities related to the Violent and Disruptive Incident Reporting System. The Department provided training to over 1,500 school district personnel from over 600 districts and will visit an additional 75 schools prior to the end of the school year.
- Staff briefed the Members on the process used to monitor the financial condition of school districts.
Through these activities, the Subcommittee helped set the “tone at the top” for quality financial reporting, effective internal controls, safeguarding assets, compliance with laws and regulations, effective use of resources, and accomplishment of goals and objectives.
POLICY INTEGRATION AND INNOVATION
Chancellor Robert Bennett, Chair of the Committee on Policy Integration and Innovation, presented on behalf of the Committee the following written report.
Your Committee held its scheduled meeting on October 23, 2007. Vice Chancellor Tisch, and Regents Dawson, Bottar, Chapey, Bowman and Tallon were present. Regents Gardner, Phillips, Tilles, Gomez-Velez and Bendit also attended. Commissioner Mills was present.
MATTERS NOT REQUIRING BOARD ACTION
Your Chair asked Committee members to review the written piece on the Regents Communication Strategy. Key comments from this discussion were:
- The piece needs to include explicitly a role for the Regents themselves. Individual Board members are a great untapped resource for bringing visibility to important policy issues across the State and to “put a face” to the vital institution that is the Board of Regents.
- However, to effectively use the Board as Ambassadors for education, the Regents need both some additional guidance on crafting their messages and a more systematic method to take full advantage of the opportunities to engage our constituencies.
- The work of the Board and the Department is both broad and complex. For this reason, it is essential that the Board craft a core message, comprised of only 5-6 key points (e.g. standards, accountability, improving teaching, etc.) that members can constantly come back to in every engagement with stakeholders. We need to have a collective, consistent and understandable message of change.
- The Regents should consider actions that would bring more visibility to the Board itself. One way many organizations do this is through an annual report, which the Department had published in prior years.
- The Board should consider continuing its monthly newsletter (the first one was published this fall). Perhaps, sending it out immediately after each Board meeting. This month, the Board has a very strong message: Five priorities, with tightly aligned State Aid proposal, State budget request, and package of legislative proposals.
Your Chair then asked Committee members to review the written piece on Regents Advocacy. Key comments from this discussion were:
- Advocacy is most effective if it is done as part of an on-going relationship with lawmakers, not just once-a-year visits in Albany during March. While all the Regents do this as part of their role, there are still opportunities where individual members could do more communications around the Board’s priorities.
- The Board needs to formulate the ideas in the written piece into a more systematic set of actions and then see them through. It’s like a political campaign where the “candidate” is the Board’s agenda. And like a good politician, every constituent engagement is an opportunity to discuss not only what is important to the constituent, but also to promote the Board’s priorities.
- The need to have a collective, consistent and understandable message of change discussed earlier is also true for effective advocacy.
Appendix I
NEW YORKSTATE BOARD OF REGENTS CHARTER ACTIONS
CULTURAL EDUCATION
ABSOLUTE CHARTERS
MORRISVILLE PUBLIC LIBRARY
Morrisville, Madison County
A provisional charter was granted to this corporation by action of the Board of Regents on September 13, 2002 to operate a public library. The Office of Cultural Education recommends that the provisional charter be made absolute.
NAPLES
LIBRARY
Naples
, Ontario
County
The board of trustees has petitioned the Board of Regents to form a corporation to operate a public library to serve the residents of the Naples Central School District in Ontario County. The Office of Cultural Education recommends that an absolute charter in the first instance be granted.
POLAND DISTRICT PUBLIC LIBRARY
Poland
, Herkimer County
The board of trustees has petitioned the Board of Regents to form a corporation to operate a public library to serve the residents of the Poland Central School District. The Office of Cultural Education recommends that an absolute charter in the first instance be granted.
PORT BYRON LIBRARY
Port Byron, Cayuga County
A provisional charter was granted to this corporation by action of the Board of Regents on September 17, 1999 to operate an association library. The Office of Cultural Education recommends that the provisional charter be made absolute.
AMENDMENT OF CHARTERS
BOVINA LIBRARY ASSOCIATION
Bovina
, Delaware
County
An absolute charter in the first instance was granted to this corporation by action of the Board of Regents on December 27, 1917 to operate a library. The board of trustees has applied for an amendment to the absolute charter to change the number of trustees from three to five, to designate the Commissioner of Education as agent of the corporation upon whom process in any action or proceeding against it may be served and to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3). The Office of Cultural Education recommends that the absolute charter be amended accordingly.
THE FRIENDS OF THE CATAWISSA
New York City
, New York
County
A provisional charter was granted to this corporation by action of the Board of Regents on December 19, 1997 to preserve and restore the historic 1897 steam tugboat Catawissa. The board of trustees has applied for an amendment to the provisional charter to change the corporate name to “The S.S. Columbia Project,” and to restate the corporate purposes to authorize the corporation to acquire, move, transport, safeguard, stabilize, survey, analyze, plan for, repair, restore, replicate, display, interpret, and operate the 1902 National Historic Landmark vessel S.S. Columbia (Hull No. US. 127665) as an especial and virtually unique example of turn of the century maritime architecture for the historical interest and enjoyment of this generation and many generations to come; to acquire similar vessels and to move, transport, safeguard, stabilize, survey, analyze, plan for, repair, restore, replicate, display, interpret, and operate those vessels; and to acquire artifacts which pertain to the functions and operations of this ship and its times, including those times leading to its building and those times subsequent to its withdrawal from commercial service and, as so amended, be extended. The Office of Cultural Education recommends that the provisional charter be amended accordingly and, as so amended, extended for a period of five years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.
GRAND
ISLAND
HISTORICAL SOCIETY
Grand Island
, Erie County
A provisional charter was granted to this corporation by action of the Board of Regents on December 14, 1962 to operate a historical society. Such provisional charter was made absolute by Regents action on April 28, 1972. The board of trustees has applied for an amendment to the absolute charter to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3). The Office of Cultural Education recommends that the absolute charter be amended accordingly.
MEMORIAL LIBRARY OF LITTLE VALLEY
Little Valley, Cattaraugus County
A provisional charter was granted to this corporation by action of the Board of Regents on November 15, 1923 to operate an association library. Such provisional charter was extended by Regents action on October 17, 1941, December 20, 1946, October 26, 1951, December 21, 1956, April 27, 1962, December 16, 1966 and was made absolute on June 26, 1970. The board of trustees has applied for an amendment to the absolute charter to specify the service area as the Town of Little Valley and to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3). The Office of Cultural Education recommends that the absolute charter be amended accordingly.
THE MUSEUM OF TELEVISION AND RADIO
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 Museum of Broadcasting” on February 20, 1975 to operate a museum to develop radio and television broadcasting for the advancement of the performing and creative arts in broadcasting. Such provisional charter was made absolute by Regents action on July 27, 1979. Such absolute charter was amended by Regents action on June 19, 1987; April 26, 1991 to include a name change to the “The Museum of Television and Radio”; April 24, 1996; and February 8, 2000. The board of trustees has applied for an amendment to the absolute charter to change the corporate name to “The Paley Center for Media.” The Office of Cultural Education recommends that the absolute charter be amended accordingly.
SHERMAN
FREE LIBRARY
Port Henry, Essex County
An absolute charter in the first instance was granted to this corporation by action of the Board of Regents on December 13, 1893 to operate an association library. Such absolute charter was amended by Regents action on November 18, 1966. The board of trustees has applied for an amendment to the absolute charter to specify the service area to be the Town of Moriah, to designate the Commissioner of Education as agent of the corporation upon whom process in any action or proceeding against it may be served and to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3). The Office of Cultural Education recommends that the absolute charter be amended accordingly.
TOWN OF ROSE HISTORICAL SOCIETY
Town of Rose, Wayne County
A provisional charter was granted to this corporation by action of the Board of Regents on November 17, 1989 to operate a historical society. Such provisional charter was amended and extended by Regents action on September 15, 1995. The board of trustees has applied for an amendment to the provisional charter to change the corporate name to “Rose Historical Society” and, as so amended, be extended. The Office of Cultural Education recommends that the provisional charter be amended accordingly and, as so amended, extended for a period of five years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.
PROVISIONAL CHARTERS
BROCKWAY TRUCK PRESERVATION ASSOCIATION
Cortland
, Cortland County
The board of trustees has petitioned the Board of Regents to form a corporation to establish and maintain a history museum relating to the promotion of cultural awareness of the products of the former Brockway Carriage Works, Inc., Brockway Motor Truck Company of Cortland, Inc., and Brockway Motor Company, Inc. (hereinafter referred to as “Brockway Companies”) and the promotion of cultural awareness of the impact of the Brockway Companies and ancillary supplemental industries had on Cortland County, New York and surrounding areas; to collect, own, hold, maintain, preserve, and make available appropriate historical objects and artifacts; to arrange, create, maintain and promote appropriate historical exhibits and displays; to promote and support historical research and scholarship, issue publications in any format, and organize historical and cultural activities, programs and events for the public. The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.
EDEN
REGIONAL FARM MUSEUM
Eden
, Erie County
The board of trustees has petitioned the Board of Regents to form a corporation to own, manage and maintain real and personal property situated within the Town of Eden, County of Erie, State of New York, to be restored and maintained as a small farmstead typical of the early Eden agricultural community to provide a hands-on educational and cultural experience to visitors; cooperate with Eden Historical Society on projects and activities of mutual interest. The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.
FORESTVILLE
AREA HISTORICAL SOCIETY
Forestville, Chautauqua County
The board of trustees has petitioned the Board of Regents to form a corporation to disseminate and encourage a greater knowledge of the history of the State of New York, and particularly the Village of Forestville, County of Chautauqua, and surrounding area; to cooperate with and assist in the work of the Village Historian; to gather, collect, own, hold, preserve, display, and make available appropriate artifacts, books, manuscripts, photographs, and other records and materials; to promote history and original historical research, and to encourage public interest in history, hold meetings, programs and events, sponsor exhibits, and issue publications in any format; to encourage, restore, preserve, and maintain historic sites and structures and to encourage the suitable marking of places of historical interest; to cooperate with local, county, and state officials and historical organizations to collect and preserve materials of countrywide, regional, and statewide significance. The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.
FRIENDS OF BELDEN HOUSE
Baldwin Place
, Putnam County
The board of trustees has petitioned the Board of Regents to form a corporation to undertake, encourage, and assist efforts to restore, preserve, conserve and maintain the Belden House, located in the Town of Carmel, County of Putnam; to raise awareness and gain support for restoration and for preservation of the site; to advocate for appropriate historic preservation laws and ordinances, historic district designations, landmarking of structures and sites, design controls, compatible planning and zoning, and similar designations and controls; to sponsor historic preservation projects, advocate for endangered structures, and receive grants; to raise public awareness and promote the preservation and appreciation of the built environment through historical research and scholarship, publications in any format, organized historical and cultural activities, public programs and events including tours and lectures; to work cooperatively with the New York City Department of Environmental Protection on projects and activities of mutual interest; to collect, own, hold, maintain, preserve and make available appropriate historical objects, artifacts, documents, photographs, furnishings and decoration; to cooperate with individuals, community, and civic groups in conducting meetings, lecture programs, classes and similar activities in furtherance of its purposes. The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.
GALWAY
PUBLIC LIBRARY
Galway, Saratoga County
The board of trustees has petitioned the Board of Regents to form a corporation to operate a public library to serve the residents of the Galway Central School District. The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.
LYONS
FALLS HISTORY ASSOCIATION
Lyons
Falls, Lewis County
The board of trustees has petitioned the Board of Regents to form a corporation to promote history and original historical research through programs and events for the public; to disseminate and encourage a greater knowledge of the history of the State of New York and particularly the Village of Lyons Falls, County of Lewis, and vicinity; to gather, collect, own, hold, preserve, display and make available for study appropriate historical artifacts, books, manuscripts, papers, photographs, and other records and materials; to arrange and maintain displays and exhibits of appropriate materials; to encourage the suitable marking of places of historic interest; to acquire by purchase, gift, devise, or otherwise the title to or the custody and control of historic sites and structures, and preserve and maintain such sites and structures; to bring together those people interested in history, encourage public interest in history, sponsor historical meetings, programs and events, sponsor exhibits, and issue publications in any format; to cooperate with county and state officials and historical organizations to collect and preserve materials of countywide and statewide significance. The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.
MUSEUM OF ARTS & CULTURE
New Rochelle
, Westchester County
The board of trustees has petitioned the Board of Regents to form a corporation to establish and maintain a museum at New Rochelle High School relating to fine arts, history, literature, science and technology; to collect, own, hold, maintain, preserve and make available appropriate objects and artifacts; to inspire educational excellence by providing an onsite museum experience for students and an important cultural asset for the community; to enrich the school curriculum, stimulate thought, excite imagination, and energize understanding; to foster educational innovation among children and youth, nourish their imaginations, spark creativity, promote tolerance, and inspire discovery and learning; to promote and support research and scholarship, issue publications in any format, and organize cultural activities, programs, events and workshops; to sponsor permanent and traveling exhibits focused on the fine arts, history, literature, science and technology; to cooperate with the Huguenot and New Rochelle Historical Association and other local institutions in projects and activities of mutual interest. The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.
THE TONAWANDA RESERVATION HISTORICAL SOCIETY
Basom, Genesee County
The board of trustees has petitioned the Board of Regents to form a corporation to collect and preserve materials pertaining to the history of the Tonawanda Reservation and its people; to record and document historically valuable information; to make such materials available to researchers, the public and especially to Tonawanda Reservation residents and their descendants; to sponsor exhibits, publications, and other methods to inform and educate people about the history of the Tonawanda Reservation. The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.
EXTENSION OF PROVISIONAL CHARTER
THE GREEK MUSEUM
East Hampton, Suffolk County
A provisional charter was granted to this corporation by action of the Board of Regents on June 14, 1996 to operate a museum. Such provisional charter was extended by Regents action on April 23, 2002. The board of trustees has applied for an extension of the provisional charter. The Office of Cultural Education recommends that the provisional charter be extended for a period of five years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.
DISSOLUTION OF CHARTERS
HORSEHEADS FREE LIBRARY ASSOCIATION
Horseheads, Chemung County
A provisional charter was granted to this corporation by action of the Board of Regents on February 28, 1958 to operate an association library. Such provisional charter was extended by Regents action on November 22, 1963 and was made absolute on December 20, 1968. Such absolute charter was amended by Regents action on June 9, 1995. The board of trustees has petitioned the Board of Regents for the dissolution of the charter as 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 of Horseheads Free Library Association to the Chemung County Library District which was incorporated by action of the Board of Regents under an absolute charter in the first instance on February 14, 2006 to serve the residents of Chemung County. The Office of Cultural Education recommends that the absolute charter of the Horseheads Free Library Association be dissolved and that its library property be transferred to the Chemung County Library District.
NEW HYDE PARK PUBLIC LIBRARY
New Hyde Park, Nassau County
A provisional charter was granted to this corporation by action of the Board of Regents on June 16, 1939 to operate a library. Such provisional charter was amended by Regents action on June 16, 1944 and was made absolute on December 17, 1948. The board of trustees has petitioned the Board of Regents for the dissolution of the charter as 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 of New Hyde Park Public Library to the Hillside Public Library which was incorporated by action of the Board of Regents under an absolute charter which was granted on June 25, 1971 to serve the encompassed area of the New Hyde Park Public Library. The Office of Cultural Education recommends that the absolute charter of the New Hyde Park Public Library be dissolved and that its library property be transferred to the Hillside Public Library.
TRUMPBOUR’S CORNERS FARM MUSEUM
Saugerties
, Ulster
County
A provisional charter was granted to this corporation by action of the Board of Regents on February 12, 2002 to operate a museum. The board of trustees has petitioned the Board of Regents for the dissolution of the charter due to the museum’s inability to physically pursue the plans they had for the farm and museum when it was incorporated five years ago. All taxes payable by the corporation have been paid. The Office of Cultural Education recommends that the provisional charter of Trumpbour’s Corners Farm Museum be dissolved.
ORDER OF CONSOLIDATION
BROCKWAY TRUCK PRESERVATION ASSOCIATION and BROCKWAY TRUCK SHOW, INC.
Cortland
, Cortland 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 Brockway Truck Preservation Association and Brockway Truck Show, Inc. The Brockway Truck Preservation Association has petitioned the Board of Regents for a provisional charter. Brockway Truck Show, Inc. was incorporated under §402 of the Not-For-Profit Corporation Law (NPCL) on October 8, 2004. Upon the effective date of the consolidation of Brockway Truck Preservation Association and Brockway Truck Show, Inc., Brockway Truck Preservation Association will assume all the assets, liabilities and responsibilities of both organizations. The consolidated corporation will operate under the provisional charter granted to Brockway Truck Preservation Association. The Office of Cultural Education recommends that an order of consolidation of Brockway Truck Preservation Association and Brockway Truck Show, Inc., be granted, forming Brockway Truck Preservation Association.
ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION
AMENDMENT OF CHARTERS
BINEINU AIM HIGH CHILDREN’S SERVICES
Brooklyn, Kings County
A provisional charter was granted to this corporation under the corporate name “Bineinu Child Center” by action of the Board of Regents on July 17, 1998 to operate a special education itinerant service for children with disabilities. Such provisional charter was extended by Regents action on November 9, 2001 and made absolute on September 10, 2004. Such absolute charter was amended by Regents action on November 3, 2005 to change the corporate name to “Bineinu Aim High Children’s Services.” The board of trustees has applied for an amendment to the absolute charter to change the corporate name to “Aim High Children’s Services” and to add authority for the corporation to operate a center-based preschool for children with and without disabilities from three to five years of age and to open a special class in an integrated setting for children with disabilities. The Office of Vocational and Educational Services for Individuals with Disabilities (VESID) has been provided with an opportunity to review this action and the trustees have been advised that the granting of any amendment thereof does not constitute approval for state funding for the programs and services under the jurisdiction of VESID. The Office of Nonpublic School Services recommends that the absolute charter be amended accordingly.
DOANE
STUART SCHOOL
Albany
, Albany County
An absolute charter in the first instance was granted to this corporation under the corporate name “Kenwood Academy” by action of the Board of Regents on May 23, 1969 to operate a elementary and secondary school for girls. Such provisional charter was amended by Regents action on August 1, 1975 to include a name change to “The Doane Stuart School” and to specify that the corporation will be a corporation with members. The board of trustees has applied for an amendment to the absolute charter to change the number of trustees to be no more than 25 nor less than 5, to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3, and to remove reference to members and specify that paragraph three of the charter should reads as: “The Board shall have powers to adopt bylaws, including therein provisions fixing the method of election and the terms of the office of trustees, and shall have powers also, by vote of two-thirds of all the members of the Board of Trustees.” The Office of Nonpublic School Services recommends that the absolute charter be amended accordingly.
THE MONTESSORI SCHOOL OF THE FINGER LAKES
Auburn
, Cayuga County
A provisional charter was granted to this corporation under the corporate name “Montessori Children’s House of Auburn” by action of the Board of Regents on November 4, 1994 to operate a nursery and elementary school. Such provisional charter was amended by Regents action on September 17, 1999 and amended on June 18, 2002 to include a name change to “The Montessori School of the Finger Lakes” and ,as so amended, made absolute. The board of trustees has applied for an amendment to the absolute charter to add authority for the corporation to also operate a toddler program for children from 18 months to 36 months. The Office of Nonpublic School Services recommends that the absolute charter be amended accordingly.
THE MOSAIC SCHOOL
Port Washington, Nassau County
A provisional charter was granted to this corporation by action of the Board of Regents on June 22, 2004 to operate a center-based school for children ages five to twenty-one with disabilities. The board of trustees has applied for an amendment to the provisional charter to change the corporate address of the school to 3315 Hillside Avenue, New Hyde Park, New York 11040, County of Nassau 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.
STEPPING STONES LEARNING CENTER
Rochester
, Monroe County
A provisional charter was granted to this corporation by action of the Board of Regents on February 3, 1995 to operate a home based preschool for children with disabilities and a kindergarten. Such provisional charter was extended by Regents action on April 21, 1998 and made absolute on October 5, 2001. The board of trustees has applied for an amendment to the absolute charter to add authority for the corporation to also operate a preschool for children with and without disabilities, to provide consultative services to children over the age of five contracted through their home school district, and to provide Medicaid service coordination, family support services, and other services to individuals with developmental disabilities. The Office of Nonpublic School Services recommends that the absolute charter be amended accordingly.
PROVISIONAL CHARTERS
MILLBROOK EARLY CHILDHOOD EDUCATION CENTER
Millbrook, Dutchess County
The board of trustees has petitioned the Board of Regents to form a corporation to operate and maintain a nursery school for preschool children with and without disabilities from three to five years of age; to establish, operate and maintain a day care center for infants, toddlers, and preschool age children; to establish, operate and maintain a before and after school day care program for school aged children. The Office of Vocational and Educational Services for Individuals with Disabilities (VESID) has been provided with an opportunity to review this action and the trustees have been advised that the granting of a provisional charter does not constitute approval for state funding for programs and services under the jurisdiction of VESID. The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.
THE SAND’S ACADEMY
Rochester
, Monroe County
The board of trustees has petitioned the Board of Regents to form a corporation to operate a kindergarten through grade six elementary school. The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.
HIGHER AND PROFESSIONAL EDUCATION
AMENDMENT OF CHARTERS
NEW YORK
UNIVERSITY
New York City
, New York
County
This corporation was incorporated by Special Act of the Legislature by Chapter 176 of the Laws of 1831 under the corporate name “The University of the City of New York” on April 18, 1831. Such absolute charter was amended by the Legislature by Chapter 270 of the Laws of 1849 on April 7, 1849; by Chapter 54 of the Laws of 1893 on February 23, 1893; by Regents action on March 19, 1896 to change the corporate name to ”New York University” and on November 21, 1947. Such corporation was merged by Regents action on November 19, 1948 with the New York Post-Graduate Medical School and Hospital, a domestic not-for-profit corporation, with the surviving corporation being New York University and on November 18, 1949 with the Stuyvesant Square Hospital, a domestic corporation, with the surviving corporation being New York University. Such absolute charter was amended by Special Act of the Legislature by Chapter 756 of the Laws of 1950 and amended by Regents action on December 16, 1955 to restate the charter in its entirety. Such corporation was consolidated by Regents action on February 28, 1958 with Town Hall, Inc., a domestic not-for-profit corporation with the surviving corporation being New York University. Such absolute charter was amended by Regents action on March 1, 1963. Such corporation was consolidated and merged by Regents action on August 1, 1975 with the Midtown Hospital, a domestic not-for-profit corporation, with the surviving corporation being New York University. Such absolute charter was amended by Regents action on September 24, 1976; March 27, 1981; October 21, 1983; October 18, 1985; July 17, 1998; June 8, 1999; and September 13, 2002. The board of trustees has applied for an amendment to the absolute charter to include language restricting the corporation’s authority over the operations and management of NYU Hospitals Center, as requested by the New York State Department of Health. The Office of Higher Education recommends that the absolute charter be amended accordingly.
VAN ALEN INSTITUTE: PROJECTS IN PUBLIC ARCHITECTURE
New York City
, New York
County
A provisional charter was granted to this corporation under the corporate name “Beaux Arts Institute of Design” by action of the Board of Regents on February 24, 1916 to operate a school that provides instructions and studies in architecture, sculpture and other decorative arts. Such provisional charter was made absolute on April 21, 1950 and amended by Regents action to change the corporate name to “National Institute for Architectural Education” on June 29, 1956. Such absolute charter was amended by Regents action to change the corporate name to “Van Alen Institute: Projects in Public Architecture” on September 15, 1995. The board of trustees has applied for an amendment to the absolute charter to remove language referencing “members” and substituting “board of trustees” in lieu thereof. The Office of Professions recommends that the absolute charter be amended accordingly.
ORDER OF CONSOLIDATION
THE CULINARY INSTITUTE OF AMERICA and CENTER FOR FOODS OF THE AMERICAS
Hyde Park, Dutchess County and San Antonio, Bexar County, Texas
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 Culinary Institute of America and Center for Foods of the Americas. The Culinary Institute of America received an absolute charter in the first instance granted by Regents action on November 19, 1971. Center for Foods of the Americas is a non-profit corporation, incorporated under the laws of Texas by a certificate of incorporation filed with the Secretary of State of Texas on March 24, 2005. Upon the effective date of the consolidation of The Culinary Institute of America and Center for Foods of the Americas, The Culinary Institute of America, the surviving corporation, will assume all the assets, liabilities and responsibilities of both organizations. The consolidated corporation will operate under the absolute charter granted to The Culinary Institute of America. The Office of Higher Education recommends that an order of consolidation of The Culinary Institute of America and Center for Foods of the Americas be granted, forming The Culinary Institute of America.
MATTER REQUIRING INFORMAL APPROVAL OF AN AMENDMENT
COOPER UNION FOR THE ADVANCEMENT OF SCIENCE AND ART
New York City
, New York
County
This corporation was incorporated pursuant to a Deed of Trust and the provisions of Chapter 279 of the Laws of 1859. Such charter was amended by both Regents and Supreme Court actions on January 26, 1972, January 25, 1978 and October 23, 1987. The board of trustees request for informal approval of an amendment to increase the maximum number of trustees from 25 to 40, as the impact made by the Deed of Trust will require action not only be taken by the Regents but also the Supreme Court. The Court will wish to know prior to its action that the Regents are willing to approve such amendment. The corporation will thereafter return to seek a formal charter amendment once the Court has acted. The Office of Higher Education recommends that an informal amendment approval be given.
APPLICATION 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. 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 “CIA Culinary Institute of America.” 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 69 PROFESSIONAL DISCIPLINE CASES
October 22-23, 2007
The Board of Regents announced disciplinary actions resulting in the surrender of 8 licenses and 61 other disciplinary actions. The penalty indicated for each case relates solely to the misconduct set forth in that particular case.
Dentistry
Gideon Kay; 145 Hummingbird Drive, Roslyn, NY 11576; Lic. No. 029840; Cal. No. 23575; Application to surrender license granted. Summary: Licensee did not contest the charge of practicing the profession of dentistry while his ability to practice was impaired by physical disability.
Engineering and Land Surveying
John L. Teramo; Professional Engineer; 110 Linkside Drive, St. Simons Island, GA 31522; Lic. No. 039680; Cal. No. 23446; Application to surrender license granted. Summary: Licensee did not contest the charge of failing to maintain for at least six (6) years all plans documents, computations, records, and professional evaluations he prepared relating to work he had signed and sealed.
Nursing
Kyle Glenn Harris; Registered Professional Nurse; 2587 Morrcrest Drive, Corning, NY 14830; Lic. No. 482198; Cal. No. 23518; Application to surrender license granted. Summary: Licensee did not contest the charge of willfully physically harassing a patient.
Kathryn Corrine Brewer a/k/a Kathryn C. Murphy; Licensed Practical Nurse, Registered Professional Nurse; 1129 Lake Royale, Louisburg, NC 27549-7089; Lic. Nos. 149160, 476181; Cal. Nos. 23544, 23539; Application to surrender licenses granted. Summary: Licensee admitted to the charge of having been found guilty of professional misconduct in North Carolina.
Kimberly Kozakiewicz; Licensed Practical Nurse; 819 Michigan Avenue, Schenectady, NY 12303; Lic. No. 232503; Cal. No. 23547; Application to surrender license granted. Summary: Licensee did not contest charges of diversion of drugs, lying on re-registration, and working without being registered.
Mary E. Kenyon; Licensed Practical Nurse; 9 Regina Drive, Cortland, NY 13045; Lic. No. 237815; Cal. No. 23576; Application to surrender license granted. Summary: Licensee admitted to charges of having been convicted of Willful Violation of Health Laws (patient neglect) and Falsifying Business Records in the 2nd Degree.
Pharmacy
Farid Uddin Syed; 79 Jefferson Avenue, Mineola, NY 11501; Lic. No. 039035; Cal. No. 23599; Application to surrender license granted.Summary: Licensee admitted to the charge of having been convicted of Criminal Sale of a Controlled Substance in the 4th Degree, a class C felony.
II. OTHER REGENTS DISCIPLINARY ACTIONS
Acupuncture
Phyllis Ruth Olson; 1158 49th Avenue, Long Island City, NY 11101; Lic. No. 001291; Cal. No. 23463; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 24 months probation.
Architecture
Wallace Chu; 12 Tulip Drive, Glen Cove, NY 11542-1442; Lic. No. 008450; Cal. No. 23343; Application for consent order granted; Penalty agreed upon: 1 year actual suspension, upon service of suspension 1 year probation, $1,000 fine payable within the first two months of suspension.
Clinical Laboratory Practitioner
Blasina Rodriguez; Clinical Laboratory Technician; 1652 Amsterdam Avenue, New York, NY 10031-1628; Cert. No. 001289; Cal. No. 23495; Application for consent order granted; Penalty agreed upon: Annulment of certificate to practice as a clinical laboratory technician.
Cindy S. Lee; Clinical Laboratory Technician; 275 Cherry Street, New York, NY 10002-7946; Cert. No. 001168; Cal. No. 23521; Application for consent order granted; Penalty agreed upon: Annulment of certificate to practice as a clinical laboratory technician.
Dentistry
Phillip Frank; 715 Broadway, Brooklyn, NY 11206-4405; Lic. No. 026392; Cal. No. 23597; Application for consent order granted; Penalty agreed upon: 2 year actual suspension, upon termination of suspension 2 years probation, 100 hours public service.
Engineering and Land Surveying
William M. Judge; Professional Engineer; 1300 Diane Drive, Seaford, NY 11783; Lic. No. 060844; Cal. No. 23464; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $2,500 fine.
Nursing
Fran Hillary Waring; Registered Professional Nurse; 50 Brompton Road, Great Neck, NY 11021; Lic. No. 478127; Cal. No. 22461; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for not less than 3 months and until fit to practice, upon termination of suspension 2 years probation to commence if and when return to practice, $250 fine.
Judith Ann Soloway; Licensed Practical Nurse; 317 Chemung Street, Sayre, PA 18840; Lic. No. 216724; Cal. No. 22556; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 11 month stayed suspension, 1 year probation, $250 fine.
Harvey Alan Zucker; Licensed Practical Nurse, Registered Professional Nurse; 220 Pelham Road, New Rochelle, NY 10805; 1005 Pelhamdale Avenue, Pelham, NY 10803; Lic. Nos. 231071, 467475; Cal. Nos. 23006, 23005; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for not less than 3 months and until fit to practice, upon termination of suspension 2 years probation, $500 fine.
Mark Louis Madcharo; Registered Professional Nurse; 862 Union Street, Schenectady, NY 12308; Lic. No. 499908; Cal. No. 23091; Found guilty of professional misconduct; Penalty: 2 year suspension, execution of suspension stayed, probation 2 years.
Anthony Michael Curcio; Registered Professional Nurse; 34 Redwood Drive, Penfield, NY 14526; Lic. No. 531070; Cal. No. 23159; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 9 month stayed suspension, 1 year probation, $500 fine.
Margaret R. Brock; Licensed Practical Nurse; 3545 Raven Street, Levittown, NY 11756; Lic. No. 243868; Cal. No. 23184; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.
Michael Boomer; Licensed Practical Nurse; 38 Winnie Avenue, Ravena, NY 12143; Lic. No. 254307; Cal. No. 23283; Found guilty of professional misconduct; Penalty: 24 month suspension, execution of last 22 months of suspension stayed, upon return to practice probation 2 years, $500 fine payable within 6 months of service of Order.
Kathleen Patricia Schmidt a/k/a Hauret; Licensed Practical Nurse, Registered Professional Nurse; 6301 Inducon Drive East, Sanborn, NY 14132; Lic. Nos. 255355, 496072; Cal. Nos. 23331, 23330; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for no less than 12 months and until fit to practice, upon termination of suspension 2 years probation to commence when return to practice, $500 fine.
Beulah Tovera Mudvary; Licensed Practical Nurse; 199 Princeton Avenue, Corning, NY 14830; Lic. No. 199460; Cal. No. 23374; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $250 fine.
Walter Robert Kimble; Licensed Practical Nurse; 106 Cedar Road, Lakeview, NY 11552; Lic. No. 265659; Cal. No. 23375; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation.
Andrew B. Jones; Registered Professional Nurse; 53 Garden Drive, Rochester, NY 14609; Lic. No. 455148; Cal. No. 23376; Found guilty of professional misconduct; Penalty: 2 year suspension, execution of suspension stayed, probation 2 years.
Dulcie Marie White; Licensed Practical Nurse, Registered Professional Nurse; 6537 Dix Road, Rome, NY 13440; Lic. Nos. 140748, 328632; Cal. Nos. 23387, 23388; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.
Tammy L. Garner a/k/a Tammy Louise Garner; Licensed Practical Nurse, Registered Professional Nurse; 24 Waverly Street, Potsdam, NY 13676; Lic. Nos. 234593, 499821; Cal. Nos. 23391, 23392; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.
Rogelita Rogel Arias; Registered Professional Nurse; 27 Sherbrooke Drive, Hauppauge, NY 11787-4725; Lic. No. 250329; Cal. No. 23394; Application for consent order granted; Penalty agreed upon: 6 month actual suspension, 18 month stayed suspension, 2 years probation.
Belinda Marie Lougher; Registered Professional Nurse; 429 Chemung Street, Waverly, NY 14892; Lic. No. 475140; Cal. No. 23396; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice, upon termination of suspension 3 years probation to commence upon return to practice.
Kathleen A. Baxter; Registered Professional Nurse; 51 Mary’s Road, Windsor, NY 13865; Lic. No. 464527; Cal. No. 23426; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.
Kyung Ja Jung; Registered Professional Nurse; 200 Lexington Avenue, Oyster Bay, NY 11771-2100; Lic. No. 439968; Cal. No. 23435; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation.
Nancy J. Bradley; Licensed Practical Nurse; 1413 Quaker Road, Barker, NY 14012-9638; Lic. No. 091673; Cal. No. 23438; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $250 fine.
Rachel L. Wright; Licensed Practical Nurse; 505 North 8th Street, Olean, NY 14760; Lic. No. 273548; Cal. No. 23439; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for no less than 1 month and until fit to practice, upon termination of suspension 2 years probation if and when return to practice, $250 fine.
Theresa A. Van Hoose a/k/a Stoke; Registered Professional Nurse; 2107 Finley Road, Walworth, NY 14568; Lic. No. 492409; Cal. No. 23440; 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.
Michelle A. Baratta a/k/a Michelle Ann Rodriguez; Licensed Practical Nurse, Registered Professional Nurse; 50 Island Parkway, Island Park, NY 11558; Lic. Nos. 208849, 426745; Cal. Nos. 23447, 23448; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation to commence upon return to practice, $500 fine.
Julie Virginia Williams; Licensed Practical Nurse, Registered Professional Nurse; 2656 Huntington Road, P.O. Box 117, West Eaton, NY 13484; Lic. Nos. 268733, 532799; Cal. Nos. 23455, 23457; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.
Charles James Gonder; Registered Professional Nurse; 3 Hart Street, Farmingdale, NY 11735; Lic. No. 533425; Cal. No. 23461; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation.
George Edward Ball; Licensed Practical Nurse; 216 N. Seward Avenue, Auburn, NY 13021-9716; Lic. No. 130908; Cal. No. 23465; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.
Louise Christine Giglio; Licensed Practical Nurse; 228 Hayward Street, Yonkers, NY 10704; Lic. No. 255058; Cal. No. 23478; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation.
Altide Jean; Licensed Practical Nurse; 123-12 152nd Street, Jamaica, NY 11434; Lic. No. 259991; Cal. No. 23485; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.
Wendy Pamela Jackson; Licensed Practical Nurse; 86 Hamilton Avenue, Yonkers, NY 10705; Lic. No. 274538; Cal. No. 23497; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.
Ruthanne Wright; Registered Professional Nurse; P.O. Box 210, 38 West Street, Millerton, NY 12546-0210; Lic. No. 515793; Cal. No. 23504; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.
Arif Rehmat Masih; Registered Professional Nurse; 37-19 69th Street, Woodside, NY 11377; Lic. No. 438035; Cal. No. 23507; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice, upon termination of suspension 3 years probation if and when return to practice, $500 fine.
David W. Chadderdon; Registered Professional Nurse; 11 Pulver Avenue, Ravena, NY 12143; Lic. No. 462206; Cal. No. 23511; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.
Barbara Rose Lanieri a/k/a Barbara Rose Hutter; Licensed Practical Nurse, Registered Professional Nurse; 2005 Foxglove Circle, Bellport, NY 11713; Lic. Nos. 208042, 424808; Cal. Nos. 23519, 23520; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $1,000 fine.
Raquel M. Falesbork; Registered Professional Nurse; 1808 Beverly Road, Brooklyn, NY 11226; Lic. No. 452860; Cal. No. 23548; Application for consent order granted; Penalty agreed upon: 6 month actual suspension, 18 month stayed suspension, 2 years probation to commence upon return to practice.
Ann Marie M. Kakavand; Licensed Practical Nurse, Registered Professional Nurse; 37 St. James Road, Cheektowaga, NY 14225; 1685 Hopkins Road, Getzville, NY 14068; Lic. Nos. 149666, 356193; Cal. Nos. 23558, 23559; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for no less than 2 years and until fit to practice, upon termination of suspension 3 years probation to commence upon return to practice.
Pharmacy
Joseph Ackman; 4173 Labyrinth Road, Baltimore, MD 21215-2202; Lic. No. 028022; Cal. No. 23417; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $1,000 fine.
Christine Williams Lazarony a/k/a Christine Ellen Williams; 6445 Alltees Drive, Livonia, NY 14487; Lic. No. 039668; Cal. No. 23432; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, 1 year probation, $1,000 fine.
Zafar H. Khan; 31 Stonebury Crossing, Pittsford, NY 14534; Lic. No. 030510; Cal. No. 23442; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $2,500 fine.
Cheung Lee Pharmacy, Inc. d/b/a Independence Drug and Trading; Pharmacy; 352½ Greenwich Street, New York, NY 10013; Reg. No. 018776; Cal. No. 23475; Application for consent order granted; Penalty agreed upon: 1 year probation, $1,000 fine.
Kwong Yuen Yip; 352½ Greenwich Street, New York, NY 10013; Lic. No. 030365; Cal. No. 23476; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,000 fine.
Genovese Drug Stores, Inc. d/b/a Eckerd; Pharmacy; 2125 Broadway, Long Island City, NY 11106; Reg. No. 014872; Cal. No. 23486; Application for consent order granted; Penalty agreed upon: $7,500 fine.
Rite Aid of New York, Inc.; Pharmacy; 81 First Avenue, New York, NY 10003; Reg. No. 022817; Cal. No. 23487; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, $5,000 fine.
Rite Aid of New York, Inc.; Pharmacy; 956 Second Avenue, New York, NY 10022; Reg. No. 022661; Cal. No. 23488; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, $5,000 fine.
Public Accountancy
Howard H. Cohen; Certified Public Accountant; 129 Rogers Drive, New Rochelle, NY 10804; Lic. No. 057825; Cal. No. 23496; Application for consent order granted; Penalty agreed upon: Partial actual suspension for no less than 1 year and until terminated as set forth in consent order application, 2 years probation, $7,500 fine.
Respiratory Therapy
Douglas Jay Morse; Respiratory Therapist; 116 Woodruff Street, Watertown, NY 13601; Lic. No. 003660; Cal. No. 23323; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation, $500 fine.
Social Work
Alissa Hecker Haber; Licensed Master Social Worker; 843 Flanders Drive, North Woodmere, NY 11581; Lic. No. 051506; Cal. No. 23490; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.
Veterinary Medicine
Ronald J. Peters; 3161 State Route 40, Greenwich, NY 12834; Lic. No. 003963; Cal. No. 23309; Found guilty of professional misconduct; Penalty: 24 month suspension, execution of last 15 months of suspension stayed, probation 24 months, $1,000 fine.
Michael M. McCarthy; 47 Sherwood Gate, Oyster Bay, NY 11771; Lic. No. 010479; Cal. No. 23650; Application for consent order granted; Penalty agreed upon: Annulment of license to practice as a veterinarian.
III. RECONSIDERATION
The Board of Regents voted on October 23, 2007 to reconsider the October 24, 2006, disciplinary action imposed on Edward J. Daly, Licensed Master Social Worker. The Board voted to grant the application for reconsideration modifying the penalty previously imposed.