SUMMARY OF THE February MEETING

OF THE BOARD OF REGENTS

OF

THE UNIVERSITY OF THE STATE OF NEW YORK

Held at the State Education Building
Albany, New York

February 23, 2004

David Johnson, Secretary
Board of Regents

THE BOARD OF REGENTS

The Board of Regents of The University of the State of New York held an executive session on Monday, February 23, 2004, 5:20 p.m. and held two public sessions on Monday, February 23, 2004, 9:00 a.m. and 6:10 p.m. pursuant to a call duly sent to each Regent.

MEETING OF THE FULL BOARD, Monday, February 23, 2004, 9:00 a.m.

Board Members in Attendance:

Robert M. Bennett
Adelaide L. Sanford
Diane McGivern
Saul B. Cohen
James C. Dawson
Robert M. Johnson
Anthony S. Bottar
Merryl H. Tisch
Geraldine d. Chapey
Arnold B. Gardner
Harry Phillips, 3^rd
Joseph E. Bowman, Jr.
James R. Tallon, Jr.
Milton L. Cofield

Also present were the President of The University and Commissioner of Education, Richard P. Mills, the Counsel and Deputy Commissioner for Legal Affairs, Kathy A. Ahearn, and the Secretary, Board of Regents, David Johnson. Regent Lorraine A. Cortés-Vázquez was absent and excused.

Chancellor Bennett called the meeting to order at 9:00 a.m.

ACTION ITEMS

Executive Session Motion

MOVED, that the Board of Regents convene in Executive Session on Monday, February 23 at 5:20 p.m. for the purpose of discussing personnel matters.

Motion by: Vice Chancellor Adelaide L. Sanford

Seconded by: Regent James C. Dawson

Action: Motion carried unanimously

Summary of the January 2004 Meeting
BR (A) 2

MOVED, that the Summary of the January 2004 Meeting of the Board of Regents of The University of the State of New York be approved.

Motion by: Regent James C. Dawson

Seconded by: Regent Geraldine D. Chapey

Action: Motion carried unanimously

Proposed Amendment to the Rules of the Board of Regents
Relating to Standing Committees
BR (A) 3

The Board reviewed for action a proposed amendment of Sections 3.2 and 4-1.5 of the Rules of the Board of Regents.

The purpose of the proposed amendment is to conform the Rules of the Board of Regents to a recent reorganization of the committee structure of the Board of Regents, which merged the Committee on Higher and Professional Education and the Committee on Professional Practice, and merged the Committee on Elementary, Middle, Secondary and Continuing Education and the Committee on Vocational and Educational Services for Individuals with Disabilities.

MOVED, that section 3.2 and subparagraph (iii) of paragraph (11) of subdivision (b) of section 4-1.5 of the Rules of the Board of Regents be amended, as submitted, effective March 18, 2004.

Motion by: Regent Harry Phillips, 3^rd

Seconded by: Regent Milton L. Cofield

Action: Motion carried unanimously

State Education Department January 2004 Fiscal Report
BR (A) 4

The Board received the January 2004 Fiscal Report for review and acceptance.

General fund accounts are in structural balance. With one exception, all revenue accounts are in balance, allowing for normal reimbursement delays and the planned use of prior year balances. The exception is the Office of the Professions where the imbalance this year will be corrected next year through increased fee revenue through new professions or reduced expenditures.

MOVED, that the Board of Regents accept the January 2004 State Education Department Fiscal Report as presented.

Motion by: Regent Robert M. Johnson

Seconded by: Regent James C. Dawson

Action: Motion carried unanimously

Designation of Fiscal Agent
BR (A) 7

MOVED, that the Board of Regents, acting in their capacity as Trustees of The University of the State of New York, designate Theresa E. Savo, Michael DiVirgilio and Andrew Klippel as investment agents for all funds and accounts of The University of the State of New York, with power in any two of them to direct, on behalf of the Board of Regents, the investments and reinvestments of the proceeds of such funds and accounts in their discretion in accordance with the provisions of Section 11-22.2 of the Estates, Powers and Trusts Law, and all documents necessary to carry out such powers and to disperse the proceeds of such funds and accounts for the purposes for which they were established.

Motion by: Regent Harry Phillips, 3^rd

Seconded by: Regent Geraldine D. Chapey

Action: Motion carried unanimously

DISCUSSION ITEMS

Commissioner's Report to the Board of Regents

The Commissioner's written monthly report focused on eight subject areas: Middle Level Reform Options; Charter School Process; Toward a New Regulatory Framework for Special Education; Update on Teacher Policy; Unique Student Identifier; Senate Subcommittee on Libraries; Building Capacity to Improve Performance of Students Learning English; and, Regents Math A.

Update: Regents 1998 Teaching Policy
BR (D) 1

The Board received an update on the implementation of the Regents teaching policy, focused on highlights of the successes and accomplishments addressing the four gaps identified by the Task Force on Teaching.

The recommendations of the Task Force, unanimously approved by the Board in July 1998, are:

(1) Recruitment and Retention: Attract and keep enough of our best teachers where they are needed most

(2) Higher education/pre-service: Ensure teachers leave college prepared to help New York's students meet high standards

(3) Professional development for existing classroom teachers: Help teachers maintain the knowledge and skills they need to teach to high standards throughout their careers

(4) Environment: Encourage schools to support effective teaching and learning

Beginning in March, based upon suggestions from individual Board members, feedback from the field and outcomes achieved, the Regents and Department will re-evaluate the continuing applicability of some of the strategies in place to implement current policy.

In the discussion, Board members commented that: although there has been ongoing support for paraprofessionals, there is no acknowledgment of that group in the current reporting; there has been significant success in the recruitment of teachers and research is now needed on their retention; and, information is required on what is truly happening with teacher continuing education.

MEETING OF THE FULL BOARD, Monday, February 23, 2004, 6:10 p.m.

Board Members in Attendance:

Robert M. Bennett
Adelaide L. Sanford
Saul B. Cohen
James C. Dawson
Robert M. Johnson
Anthony S. Bottar
Merryl H. Tisch
Geraldine d. Chapey
Harry Phillips, 3^rd
Joseph E. Bowman, Jr.
Lorraine A. Cortés-Vázquez
James R. Tallon, Jr.
Milton L. Cofield

Also present were the President of The University and Commissioner of Education, Richard P. Mills, the Counsel and Deputy Commissioner for Legal Affairs, Kathy A. Ahearn, and the Secretary, Board of Regents, David Johnson. Regents Diane McGivern and Arnold B. Gardner were absent and excused.

Chancellor Bennett called the meeting to order at 6:10 p.m.

ACTION ITEMS

Appointment of Assistant Commissioner for Standards,

Assessment and Reporting

BR (A) 5

MOVED, that the Board of Regents approve the appointment of David M. Abrams as Assistant Commissioner for Standards, Assessment and Reporting, effective March 4, 2004.

Motion by: Regent Robert M. Johnson

Seconded by: Regent Anthony S. Bottar

Action: Motion carried unanimously

Appointment of Deputy Commissioner for the Office of Vocational
and Educational Services for Individuals with Disabilities (VESID)
BR (A) 6

MOVED, that the Board of Regents approve the appointment of Rebecca H. Cort as Deputy Commissioner, effective February 23, 2004.

Motion by: Regent Saul B. Cohen

Seconded by: Regent Robert M. Johnson

Action: Motion carried unanimously

Resolution Commending Michael Bennett and John Sawchuk of

Columbia High School

Commissioner Richard P. Mills presented a resolution commending Michael Bennett and John Sawchuk for their efforts in protecting the safety of students and faculty at Columbia High School.

The resolution is attached as Appendix III.

MOVED, that the Board of Regents approve a Resolution commending Michael Bennett and John Sawchuk of Columbia High School.

Motion by: Regent Robert M. Johnson

Seconded by: Regent Joseph E. Bowman, Jr.

Action: Motion carried unanimously

STANDING COMMITTEE REPORTS

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

Motion by: Regent Saul B. Cohen

Seconded by: Regent Robert M. Johnson

Action: Motion carried unanimously

REGENTS COMMITTEE ON ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION/VOCATIONAL AND EDUCATIONAL SERVICES FOR INDIVIDUALS WITH DISABILITIES

Regents Anthony S. Bottar and Merryl H. Tisch, Co-Chairs of the Committee on Elementary, Middle, Secondary and Continuing Education-Vocational and Educational Services for Individuals with Disabilities presented on behalf of the committee, the following report.

Your EMSC-VESID Committee held its scheduled meeting on February 23, 2004. All members were present.

ACTION ITEMS

Charter Applications

· Your Committee recommends approval of the charter applications relating to elementary, middle, secondary and continuing education. [BR (A) 1]

Charter Schools

· Your Committee recommends approval of the proposed charters for the Harlem Children's Zone Promise Academy Charter School, Community School District 5/Region 10 in New York City and The Williamsburg Charter School, Community School District 15/Region 8 in New York City. [EMSC-VESID (A) 3]

Regulations

· Your Committee recommends that section 100.5 of the Regulations of the Commissioner of Education relating to State assessments and graduation and diploma requirements be amended as submitted, effective March 18, 2004. [EMSC-VESID (CA) 1]

· Your Committee recommends that section 100.5 of the Regulations of the Commissioner of Education be amended as submitted, effective February 27, 2004, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare to ensure that the rule adopted at the November meeting of the Board of Regents remains continuously in effect until the effective date of its adoption as a permanent rule so that students who are in their senior year during the 2003-2004 school year may timely graduate pursuant to revised diploma and graduation requirements, and to otherwise ensure that schools and school districts are able to make any necessary adjustments in students' class schedules to ensure their timely graduation pursuant to such requirements. [EMSC-VESID (CA) 1]

· Your Committee recommends that paragraphs (3) and (4) of subdivision (i) of section 200.5 of the Regulations of the Commissioner of Education relating to impartial hearings for students with disabilities be amended as submitted, effective May 1, 2004. [EMSC-VESID (A) 1 and Addendum]

Motion By Regent Gardner

· Your Committee recommends approval of Part 1 of the motion to include a statement in charter school applications to the Board on the cumulative fiscal impact upon the school district of location should such application(s) be granted and should all previously existing charter schools in such district of location continue their operations. [EMSC-VESID (A) 2]

· Your Committee recommends that Part 2 of the motion not be approved concerning establishing ways to do a comparative measurement of academic progress of charter schools and their school district of location in grades for which State assessments are not available. [EMSC-VESID (A) 2]

The vote was 6 opposed and 1 abstention (Regent Bowman).

MATTERS NOT REQUIRING BOARD ACTION

Special education regulatory reform and recognition and sanctions for school districts [EMSC-VESID (A) 1]

Following the public forums, staff will develop a set of recommendations for the Committee's consideration in fall 2004. It was noted that variations in policy relating to the New York City School District are in statute, and the Board may need to advance legislative proposals to make changes in Education Law. Comments included that parents should be included in the forums scheduled and information on incarcerated youth should be included in reports relating to students with disabilities.

Proposed amendment of sections 200.5, 200.6 and 200.7 of the Regulations of the Commissioner relating to judicial review of a written decision of a State Review Officer. [EMSC-VESID (D) 3]

Building capacity to improve the performance of limited English proficient/English language learners [EMSC-VESID (D) 4]

It was noted that the performance of English language learners on Regents exams would be included in the statewide school report card data presented in March. As an addendum to the February report, staff will provide additional data on English-speaking students from the Caribbean and on English language learners who are also students with disabilities at a future meeting depending on the availability of data. The Regents also expressed an interest in developing a set of recommendations based on the data in the February report.

Strategy for implementing the Regents Policy Statement on Middle-Level Education [EMSC-VESID (D) 5]

Comments/concerns provided by Committee members included: the policy needs to address the dichotomy between flexibility and level of performance in low and high performing schools; math instruction in grades 5-6 should not be taught by inappropriately prepared common branch teachers; low performing schools might consider extending the school year or school day in their efforts to improve student performance; the language on what is meant by all students should be given opportunities to receive instruction in core academic subjects and exploratory subjects needs to be sharpened; flexibility even in high performing schools with middle-level grades should not include allowing teachers to teach who are not properly certified; the Board needs to be aware of the degree of noncompliance of schools with current requirements for the middle grades and the implications for any amendments to regulations; the Committee would like more elaboration on the key elements of the proposed strategy, i.e., self-study, evidence of consultation, etc.; the implications of the projected increase of schools being identified as Schools In Need of Improvement under No Child Left Behind; and the preparedness of schools and school staff to offer youth development services in grades 5-8.

Committee members asked for a summary of significant comments from key stakeholders on the proposed strategy for implementing the Regents Policy Statement. The Committee also suggested that the Regents Higher Education Committee look into the need for teacher preparation relating to interdisciplinary instruction and integration of curriculum.

REGENTS COMMITTEE ON HIGHER EDUCATION

AND PROFESSIONAL PRACTICE

Regent Harry Phillips 3^rd, Co-Chair of the Committee on Higher Education and Professional Practice, presented on behalf of the committee the following report.

Your Committee on Higher Education and Professional Practice held its scheduled meeting on February 23, 2004. All members of the Committee were present, except Regent Diane O'Neill McGivern and Regent Arnold B. Gardner, 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 5 cases, and modified in 3 cases, as discussed below. In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 42 consent order applications and 7 surrender applications be granted.

In the Matter of Magalie R. Remy, LPN, RN, Calendar Nos. 19697 and 19698, we recommend that the Board of Regents accept the findings of fact and determination as to guilt of the Regents Review Committee, and that the Board of Regents determine that the respondent's licenses to practice as a licensed practical nurse and as a registered professional nurse be suspended for two years, that execution of the last eighteen months of said suspensions be stayed, that respondent be required to perform one hundred hours of public service, and that upon commencement of the stayed portion of the suspensions, the respondent then be placed on probation for a period of eighteen months under the terms of probation recommended by the Regents Review Committee.

In the Matter of Kevin S. Lamay, LPN, Calendar No. 20987, we recommend that the Board of Regents accept the findings of fact and determination as to guilt of the Regents Review Committee, and that the Board of Regents determine that the respondent's license to practice as a licensed practical nurse be suspended for twelve months, that execution of the suspension be stayed, and that no period of probation be imposed.

These recommendations are made following the review of 57 cases involving eight licensed practical nurses, eight registered professional nurses, seven dentists, six licensed practical nurses who are also registered professional nurses, five pharmacists, four architects, four certified public accountants, two professional engineers, two veterinarians, one certified social worker, one chiropractor, one massage therapist, one pharmacy, and one speech-language pathologist.

Restoration Petitions

Voted, that the Board of Regents deny the petition for restoration of the physician license of Lloyd G. Bayme. [HE & PP EXS (A) 1]

Voted, that the Board of Regents grant the petition for restoration of the physician license of Abdul Abbasi. [HE & PP EXS (A) 2]

Voted, that the Board of Regents stay the order of revocation of the physician license of Mitchell L. Kaphan for five years, that he be placed on probation for five years under specified terms and conditions, and that upon successful completion of the probationary period, his license be fully restored. [HE & PP EXS (A) 3]

Voted, that the Board of Regents deny the petition for restoration of the physician license of Shashi D. Ganti. [HE & PP EXS (A) 4]

APPROVAL OF CONSENT AGENDA ITEMS

Ø Your Committee recommends that the Regents approve an amendment to the absolute charter of the College of Aeronautics to change the corporate name to “Vaughn College of Aeronautics and Technology," effective September 1, 2004. [BR (A) 1]

Your Committee recommends that the Regents approve an amendment to the absolute charter of Dowling College to add authority for the College to operate a branch campus at 1300 William Floyd Parkway, Shirley, New York 11967.

Your Committee recommends that the Regents approve an amendment to the absolute charter of Hofstra University to add authority for the University to confer the Master of Health Administration (M.H.A.).

Your Committee recommends that the Regents approve an extension of the provisional charter for Gestalt Center of Long Island for a period of five years.

Your Committee recommends that the Regents approve an extension of the provisional charter for Westchester Jewish Community Services Educational Institute for a period of five years.

Ø Your Committee recommends that the Regents approve the following appointments to the State Boards for the Professions: (HE & PP (CA) 1)

State Board for Massage Therapy - appoint Paula J. Christ (Cazenovia) for a term beginning March 1, 2004, and ending February 28, 2009

State Board for Veterinary Medicine - appoint James C. Franzek (Snyder) for a term beginning March 1, 2004, and ending February 28, 2009

Your Committee recommends that the Regents approve the following appointments as extended members to the State Boards for the Professions for service on licensure disciplinary, licensure restoration, and moral character panels; and the following appointment and reappointments to the State Board for Professional Medical Conduct.

State Board for Chiropractic - appoint Jessica R. Grandal (Commack) as an extended member for a term beginning March 1, 2004, and ending February 28, 2009

State Board for Ophthalmic Dispensing - appoint David E. Caluori (Glenmont) and Margaret Walsh (Dryden) as extended members each for a term beginning May 1, 2004, and ending April 30, 2009

State Board for Social Work - appoint Cecile W. Fallon (Centerport) and Florence E. Frazier (Albany) as extended members each for a term beginning May 1, 2004, and ending April 30, 2009

State Board for Professional Medical Conduct - appoint Donald H. Teplitz (Merrick) for a term beginning March 1, 2004, and ending February 28, 2007; and reappoint Constance Diamond (Massapequa Park) and Donna Mickley (Clifton Park) each for a term beginning May 1, 2004, and ending April 30, 2007

Ø Your Committee recommends that the Regents approve the Report of the Committee on the Professions regarding Licensing Petitions with the exception of case #04-02-74 (Dr. Patrick Brendon Ringwood), which is being withdrawn. [HE & PP (CA) 2]

Ø Your Committee recommends that the Regents approve the proposed amendments to sections 80-3.3, 80-4.3, and 80-4.4 of the Regulations of the Commissioner of Education, and the addition of a new section 80-3.7 to such regulations, relating to individual evaluation and other requirements for teacher certification, effective March 11, 2004. [HE & PP (CA) 3]

Ø Your committee recommends the addition of section 73.5 of the Regulations of the Commissioner of Education, effective March 18, 2004. The new section establishes continuing education requirements and standards for chiropractors and sponsors of related continuing education programs [HE & PP (CA) 4]

Ø Your Committee recommends that the Regents approve an amendment to the master plan of Maria College, effective February 23, 2004, authorizing the College to offer an Associate in Science (A.S.) research technologist program. This amendment will be effective until February 28, 2005, unless the Department registers the program prior to that date, in which case master plan amendment shall be without term. [HE & PP (CA) 5]

Ø Your Committee recommends that the Regents confer the Associate in Occupational Studies (A.O.S.) degree on 16 candidates and the Bachelor of Technology (B. Tech.) degree on 19 candidates who have successfully completed the programs of Globe Institute of Technology, Inc. [HE & PP (CA) 6]

Ø Your Committee recommends that the Regents approve an amendment to the master plan of Polytechnic University, Brooklyn, effective February 23, 2004, authorizing the University to offer a Doctor of Philosophy (Ph.D.) degree in technology management. This amendment will be effective until February 28, 2005, unless the Department registers the program prior to that date, in which case master plan amendment shall be without term. [HE & PP (CA) 7]

Ø Your Committee recommends that the Regents authorize Dowling College, effective February 23, 2004, to operate a branch campus in Shirley, NY. The master plan amendment will be effective until February 28, 2005, unless the Department registers a program offered at the branch campus prior to that date, in which case master plan amendment will be without term. [HE & PP (CA) 8]

MATTERS NOT REQUIRING BOARD ACTION

Your Committee discussed several topics of interest, including:

Report on Institutional Accreditation by the Board of Regents [HE & PP (D) 1]

In accordance with Federal criteria for recognition as an institutional accrediting agency, your Committee discussed with staff the Regents accreditation standards, policies, and procedures and received an update on institutional accreditation.

New York State Teacher of the Year Program [HE & PP (D) 2]

Your Committee discussed with staff the significant contribution the Teacher of the Year program makes to the effort to recruit and retain qualified teachers. This forty-year-old program continues to highlight the importance of teachers and draw attention to best practices in the profession.

Board Member Discipline Training

Staff gave an update on the recent disciplinary training session held for members of the State professional boards.

REGENTS COMMITTEE ON CULTURAL EDUCATION

Regent James C. Dawson, Chair of the Committee on Cultural Education, presented on behalf of the Committee the following written report.

Your Committee on Cultural Education had its scheduled meeting on February 23, 2004 in the Regents Room, State Education Building. Regents Bowman, Cortés-Vázquez and Tallon were present. Regent Johnson was absent and excused.

ACTION ITEMS

Your Committee reviewed the summary recommendations with respect to charter applications. Items listed under Cultural Education were recommended for approval.

Your Committee reviewed and approved three reappointments to the Archives Partnership Trust Board. Ann L. Buttenwieser, Richard W. Couper and John J. Iselin will be reappointed to three-year terms beginning on February 24, 2004.

A Resolution was presented in memory of Robert C. Morris, a long-time and distinguished member of New York State’s archives and history community. This resolution was read by Chris Ward, State Archivist and signed by Chancellor Bennett and Commissioner Mills. (Attached as Appendix IV.)

REGENTS COMMITTEE ON QUALITY

Regent Robert M. Johnson, Chair of the Committee on Quality, presented on behalf of the Committee the following written report.

Your Committee on Quality held its scheduled meeting on February 23, 2004. Vice Chair Cortés-Vázquez and Regent Bowman were present. Chancellor Bennett and Vice Chancellor Sanford also attended.

APPROVAL

No items were recommended for formal approval by the Regents.

MATTERS NOT REQUIRING BOARD ACTION

The Committee discussed three items:

· Your Committee received a report from Regent Bowman on the work undertaken since last month’s Board meeting to advance the creation of the USNY Technology Policy and Practices Council. The Committee approved the recommended membership roster that includes 25 representatives from higher education, cultural institutions, public broadcasting, K-12 education, and professional associations. The Committee identified potential co-chairs, whom Regent Johnson will contact and invite to serve in the leadership positions.

During this past month, Regent Bowman and staff also invited eight technology experts to participate in a discussion on the potential role of the Council. This group is currently holding the discussion electronically. The results will be used to focus the Council’s initial tasks.

· Your Committee continued its conversation about the USNY Convocation. The Committee approved the proposed membership co-chairs of the external advisory planning committee, with one addition. The Commissioner will invite Chancellor Klein to have a representative on this committee.

Your Quality Committee also discussed desired outcomes and possible theme(s) for the Convocation. The ideas offered included:

· Significantly enhanced awareness of USNY and its unique role and potential;

· A recommitment to specific action to closing the gap in student achievement;

· Development of additional collaborations among educators and non-USNY organizations that can attend to the full range of children’s needs;

· An assessment of the Regents new statement of strategies for closing the gap;

· Defining the challenges facing USNY in the 21^st Century and planning a course of action using existing resources to address them; and

· Envisioning a new structure for USNY that is fully integrative, seamless, and capable of educating everyone.

These ideas will be shared with the external advisory planning committee as a starting point for its deliberations.

· Your Committee also discussed the two assignments it received at the earlier Full Board session.

· At the March meeting, the Committee will begin its discussion on the July Retreat agenda that could include an assessment of the new Committee structure.

· The Quality Committee will not request Office of Counsel to alter how it prepares items for action on regulatory change. Instead, the Committee will request that Counsel provide members of the Board with access to the full text of the regulatory language under consideration for change through a secure Internet link. A hard copy of the regulation under consideration should also be available through the Secretary’s Office.