SUMMARY OF THE MAY MEETING

OF THE BOARD OF REGENTS

THE UNIVERSITY OF THE STATE OF NEW YORK

Held at the State Education Building

Albany, New York

May 17 and 18, 2004

David Johnson, Secretary

Board of Regent

THE BOARD OF REGENTS

The Board of Regents of The University of the State of New York held two public sessions on Monday, May 17 at 9:00 a.m. and Tuesday, May 18, at 8:00 a.m. pursuant to a call duly sent to each Regent.

MEETING OF THE FULL BOARD, Monday, May 17

Board Members in Attendance:

Robert M. Bennett, Chancellor

Adelaide L. Sanford, Vice Chancellor

Diane McGivern

Saul B. Cohen

James C. Dawson

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. Regents Lorraine Cortés-Vázquez and John Brademas were absent and excused.

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

ACTION ITEMS

Summary of the April Meeting

BR (A) 2

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

Motion by: Regent Arnold B. Gardner

Seconded by: Regent James R. Tallon, Jr.

Action: Motion carried unanimously

Proposed Amendment to the Regulations of the Commissioner
of Education Repealing Employee Leave of Absence Provisions

BR (A) 3

The Board received for approval a proposed repeal of Part 221 of the Regulations of the Commissioner of Education.

Part 221 governs leaves of absence for State Education Department employees. These rules have been superceded by provisions in the Civil Service Law, federal law or collective bargaining agreements. Accordingly, the proposed appeal is necessary to delete obsolete provisions relating to leaves of absences taken by Education Department staff.

MOVED, that Part 221 of the Regulations of the Commissioner of Education be repealed, as submitted, effective June 10, 2004.

Motion by: Regent James C. Dawson

Seconded by: Regent Milton L. Cofield

Action: Motion carried unanimously

Proposed Amendment to the Regulations of the Commissioner
of Education Relating to Inspection and Copying of Departmental Records

BR (A) 4

The Board received for approval a proposed amendment of sections 187.1, 187.2 and 187.4 of the Regulations of the Commissioner of Education.

The proposed amendment is necessary to conform the Commissioner's Regulations to Public Officers Law §89(3) and the regulations promulgated by the Committee on Open Government, consistent with the holding in Lecker v. New York City Board of Education, 157 AD2d 486 (1^st Dept). In addition, the proposed amendments to sections 187.1 and 187.2 are necessary to update references to the address of the Department's records access officer and the addresses of several regional offices designated to receive requests for inspection and copies of Department records.

MOVED, that sections 187.1, 187.2 and 187.4 of the Regulations of the Commissioner of Education be amended, as submitted, effective June 10, 2004.

Motion by: Regent Milton Cofield

Seconded by: Regent James C. Dawson

Action: Motion carried unanimously

Regents Monthly Meeting Dates, January-December 2005

BR (A) 5

Monthly meeting dates for January-December 2005 were submitted for review and approval. The schedule continues the policy of two-day meetings, taking place on Monday-Tuesday during the legislative session and Thursday-Friday during the remainder of the year.

This schedule is subject to change following a continuing discussion of the number of meetings per year at the July retreat.

(2005)

Monday, Tuesday January 10, 11

Monday, Tuesday February 7, 8

Monday, Tuesday March 14, 15

Monday, Tuesday (Regional meeting) April 18, 19

Monday, Tuesday May 16, 17

Monday, Tuesday June 20, 21

Thursday, Friday July 21, 22

Thursday, Friday September 8, 9

Thursday, Friday (Regional meeting) October 6, 7

Thursday, Friday November 3, 4

Thursday, Friday December 8, 9

MOVED, that the list of meeting dates for the period January-December 2005 is approved.

Motion by: Regent James C. Dawson

Seconded by: Regent Milton L. Cofield

Action: Motion carried unanimously

State Education Department April 2004 Fiscal Report

BR (A) 6

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

The revenue and expenditure projections in the report are consistent with the Executive budget recommendations and were adjusted upon the adoption of the 2004-2005 budget.

General fund and Federal accounts are in structural balance. All revenue accounts are in balance, allowing for normal reimbursement delays and the planned use of prior year balances.

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

Motion by: Regent Milton L. Cofield

Seconded by: Regent James C. Dawson

Action: Motion carried unanimously

Resolution on the Occasion of the 50^th Anniversary of the

Brown v. Board of Education Decision

Vice Chancellor Adelaide L. Sanford presented a resolution marking the 50^th anniversary of the landmark Supreme Court decision in Brown v. Board of Education.

The resolution is attached as Appendix III.

MOVED, that on May 17, 2004, the New York State Board of Regents commemorates the historical significance of the Brown v. Board of Education of Topeka, Kansas decision to public education and commits to continue the living legacy of the Brown decision by rededicating itself to the task of improving academic results for the students of New York State's public schools.

Motion by: Vice Chancellor Adelaide L. Sanford

Seconded by: Regent Anthony S. Bottar

Action: Motion carried unanimously

DISCUSSION ITEMS

Commissioner's Report to the Board of Regents

The Commissioner's written monthly report focused on nine subject areas: 20 Years Late; Special Education Results; Engaging Special Education Aid; Regents Stewardship for Collections; University Convocation; USNY Technology Council Convenes; Closing in on the Middle Level Decision; Home Schooling; and, Closing the Gaps in Student Achievement.

During discussion, Board members requested additional information on the content involved in Department reviews of local district special education programs and the possibility of receiving college success rates for students receiving GEDs.

MEETING OF THE FULL BOARD, Tuesday, May 18

Board Members in Attendance:

Robert M. Bennett, Chancellor

Adelaide L. Sanford, Vice Chancellor

Diane McGivern

Saul B. Cohen

James C. Dawson

Anthony S. Bottar

Merryl H. Tisch

Geraldine D. Chapey

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. Regents Arnold B. Gardner, Lorraine Cortés-Vázquez and John Brademas were absent and excused.

Chancellor Bennett called the meeting to order at 8:00 a.m.

DISCUSSION ITEMS

Update on Planning for Collection Storage
BR (D) 1

Mr. John Egan, chair of an expert panel convened to advise the Department on options for proper stewardship of the Archives, Library and Museum collections, presented the Board with his perspective on the need for, and approach to, a new research and collection storage facility.

It is proposed that a new state-of-the-art Office of Cultural Education Collection Storage and Research Center be constructed to accommodate all of the Museum's collections and research labs, the State Records Center and parts of the Archives and Library collections. It will also be designed to serve as the Cultural Education Center's (CEC) auxiliary education center. The project is complex, intended to accommodate 25 years or more of collection growth and be sufficiently flexible to incorporate new preservation and access new technologies as they develop.

The CEC will continue as the primary public service and education space for the three institutions that include the Museum's exhibit galleries, the Research Library and Archives' public spaces. It will also continue to house that portion of the Archives and Library collections most often used by researchers and other visitors.

A Request for Proposals is being developed for a feasibility plan.

Updated Special Education Data
BR (D) 2 and
EMSC-VESID (D) 5

The Board received a presentation on the performance of students with disabilities in the 2002-2003 school year, including data for results for individuals with disabilities enrolled in institutions of higher education, and the results of the vocational rehabilitation system in preparing and placing individuals with disabilities into employment from the previous federal fiscal year.

There are a significant number of indicators of continuing progress in 2002-2003 that are evidenced in the report. Among these are: 58.7 percent of preschool children with disabilities were served in a natural setting for preschool children or in settings including nondisabled children, compared to 32.3 percent in 1995-1996; the number of school districts and BOCES regions with high rates of placing students with disabilities in separate settings continues to decrease; the percent of students with disabilities who earned a Regents diploma increased to 13.5 percent compared to 11.1 in the 2001-2002 school year; 48.5 percent of students with disabilities plan to continue their education after high school compared to 41.4 percent in the 1999-2000 school year; there is a continuing increase in the number and percent of individuals with disabilities enrolled in institutions of higher education; in the past federal fiscal year there has been an increase in the number of individuals with disabilities placed in integrated employment and competitive employment; and, in Federal Fiscal Year 2003, individuals with disabilities placed in jobs by VESID represent $225 million in annualized first-year earnings.

There continue to be significant challenges in reducing the gap in performance between high need school districts, especially in urban areas, and those school districts with greater resources. Low achievement levels for students with disabilities on the Grade 8 assessments are also of great concern as these students prepare for high school.

In discussion, Board members requested data on the categories of disability by race.

Discussion on Proposed Amendments of the Rules of the Board of Regents
and the Regulations of the Commissioner of Education Relating to the
Requirements of the Conferral of a College Degree as it Relates to
Students who have not Graduated from High School
BR (D) 3

The Board continued a discussion begun at the March 2004 meeting on the requirements for the conferral of a college degree for students who have not obtained a high school diploma or a high school equivalency diploma, specifically as related to students who were home instructed.

There is a conflict in Regents Rule 3.47 which requires a student to complete a high school program to be conferred a college degree in New York State and also requires evidence of the completion of a high school program before enrolling in college. Causing the current conflict, Section 100.7 of the Regulations of the Commissioner of Education allows a student to obtain a high school equivalency diploma while attending college by completing a specified 24 college credits.

The Department presented three changes to the proposed regulations discussed at the March meeting for Board consideration, developed to eliminate the conflict for students who are beyond compulsory school age and for students who are still of compulsory school age. The Board will discuss the draft regulations at the June meeting with action scheduled at the July meeting.

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 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

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 written report.

Your EMSC-VESID Committee held its scheduled meeting on May 17, 2004. Regent Cortés-Vázquez was absent and excused.

ACTION ITEMS

Charter Applications

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

State Plan

· Your Committee recommends approval of the New York Title VII State Plan for Independent Living for the period 2005, 2006 and 2007. [EMSC-VESID (A) 2]

Charter Schools

· Your Committee recommends approval of the proposed charters for the following charter schools: Bronx Lighthouse Charter School, Bronx, and The Opportunity Charter School, New York City. [EMSC-VESID (A) 3]

· Your Committee recommends approval of the proposed revision to the charter and the certificate of incorporation for the Bronx Charter School for Children to reflect a change in its curriculum from the TERC Math Series to the Saxon Math program. [EMSC-VESID (A) 3]

The Committee asked for a status report in June about the facility arrangements for the Charter School for Educational Excellence in Yonkers, which is scheduled to begin operation in September 2004.

Regulation

· Your Committee recommends that paragraph (3) of subdivision (j) of section 200.5, subparagraph (iii) of paragraph (5) of subdivision (i) of section 200.6 and paragraph (4) of subdivision (d) of section 200.7 of the Regulations of the Commissioner relating to judicial review of a written decision of a State Review Officer be amended, as submitted, effective June 10, 2004. [EMSC-VESID (A) 1]

Petition to Exceed Constitutional Debt Limit

· Your Committee recommends that consent be given to the issuance of bonds and/or bond anticipation notes by the Board of Education of the Rensselaer City School District in an amount not to exceed $23 million to construct, reconstruct and improve the Middle High School building including land, and related site work, and to purchase furnishings and equipment for said building; 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]

MATTERS NOT REQUIRING BOARD ACTION

Proposed amendment to sections 200.1, 200.2, 200.4, 200.6, 200.9 and 200.16 of the Commissioner's Regulations relating to supplementary school personnel. [EMSC-VESID (D) 1]

Proposed amendment to section 164.1 of the Commissioner's Regulations relating to the Education for Gainful Employment Program. [EMSC-VESID (D) 2]

Proposed addition of section 155.26 of the Commissioner's Regulations relating to Qualified Public Educational Facility Bonds. [EMSC-VESID (D) 3]

Strategy for implementing Regents Policy Statement on Middle-Level Education [EMSC-VESID (D) 4]

The Committee discussed the following issues: a proposed timeline for implementation of any revised requirements; whether the proposed strategy will improve the quality of middle-level education; the problem of time for all levels of schools as presented in the "Prisoner of Time" study; the expectations for what students need to know and be able to do by the end of grade 8, and whether the curriculum is relevant to today's students; how the proposed strategy will help schools to be better able to comply with time requirements versus current noncompliance by some districts; the field's expectation for leadership by the Regents and Department in proposing a strategy to help middle-level schools that are struggling; how urgency in the field for changing the time requirements varies geographically and by school district type; the evaluation of next generation schools should take place sooner than three years; the inclusion of low performing schools in the mix of next generation schools; how schools might use the extra time gained from the reduction in time requirements; the need for a comprehensive evaluation of the effectiveness of academic intervention services, especially in the Big 5 school districts; the need for a clear definition of youth development programs and how they would be measured; and whether the proposed strategy will allow for various models of scheduling. The Committee asked for information on what strategies have worked for existing high performing middle-level schools.

REGENTS COMMITTEE ON HIGHER EDUCATION
AND PROFESSIONAL PRACTICE

Your Higher Education and Professional Practice Committee held its scheduled meeting on May 17, 2004. All members of the Committee were present, except Regent Arnold B. Gardner, who was 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 8 cases, and be modified in 4 cases, as hereinafter set forth. In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 52 consent order applications and 7 surrender applications be granted.

These recommendations are made following the review of 71 cases involving 17 licensed practical nurses, 11 registered professional nurses, seven dentists, six licensed practical nurses who are also registered professional nurses, six pharmacists, five certified public accountants, two architects, two registered professional nurses who are also nurse practitioners, one chiropractor, one midwife, one optometrist, one pharmacy, one physical therapist, one physical therapist assistant, and one professional engineer.

In the case of Jocelyne Louis, licensed practical nurse and registered professional nurse, Calendar Nos. 18615 and 18327, we recommend that the recommendation of the Regents Review Committee as to the penalty to be imposed be modified as to the respondent's license to practice as a licensed practical nurse in the State of New York and that the recommendation of the Regents Review Committee be otherwise accepted; and that, based upon a more serious view of respondent's misconduct as a licensed practical nurse, respondent's license to practice as a licensed practical nurse in the State of New York be suspended for two years and respondent fined $2,500 upon the second specification of the charges of which respondent was found guilty to the extent indicated by the hearing panel and that execution of the last twelve months of said suspension be stayed, said $2,500 fine to be paid as set forth in the report of the Regents Review Committee.

In the case of Marie Lucie Fleurimond, licensed practical nurse, Calendar No. 19228, we recommend that the recommendation of the Regents Review Committee as to the penalty to be imposed be modified and the recommendation of the Regents Review Committee be otherwise accepted; and that, based upon a more serious view of respondent's misconduct, respondent's license to practice as a licensed practical nurse in the State of New York be suspended for two years and respondent fined $2,500 upon the specification charged of which respondent was found guilty and that execution of the last twelve months of said suspension be stayed, said $2,500 fine to be paid as set forth in the report of the Regents Review Committee.

In the case of Anthony G. Pirro, certified public accountant, Calendar No. 20798, we recommend that the recommendation of the Regents Review Committee as to the penalty to be imposed be modified and the recommendation of the Regents Review Committee be otherwise accepted; and that, based upon a more serious view of respondent's misconduct, respondent's license to practice as a certified public accountant in the State of New York be revoked and respondent fined $2,500 upon the charge of which respondent was found guilty, said $2,500 fine to be paid by certified check or bank's cashier's check, payable to the order of the New York State Education Department, to be delivered to the Director, Office of Professional Discipline, New York State Education Department, 475 Park Avenue South - Second Floor, New York, NY 10016-6901 within six (6) months after the effective date of service of the order to be issued in this matter.

Restoration Petitions

Voted, that the Board of Regents stay the order of revocation of the physician license of Richard Swerdlik for three years, that he be placed on probation for three years under specified terms and conditions, and that upon successful completion of the probationary period, his license be fully restored. [HE & PP EXS (A) 1]

Voted, that the Board of Regents stay the order of surrender of the physician license of Peter Kang for three years, that he be placed on probation for three years under specified terms and conditions, and that upon successful completion of the probationary period, his license be fully restored. [HE & PP EXS (A) 2]

Voted, that the Board of Regents deny the petition for restoration of the physician license of Keith L. Barnard. [HE & PP EXS (A) 3]

Approvals

Your Committee recommends that the Board of Regents grant accreditation of the teacher education programs offered by Hobart and William Smith Colleges, Geneva, effective May 18, 2004, for a period beginning immediately and ending on May 17, 2011, with the condition that a focused site visit be conducted before May 1, 2007, to evaluate the development and implementation of a formal and systematic assessment plan, both qualitative and quantitative in scope, that demonstrates that the vision and goals of the teacher education programs are realized in candidate performance. Accreditation beyond May 17, 2007 shall be contingent on a finding that the Colleges have satisfactorily developed and implemented such an assessment plan. [HE & PP (A) 1]

Your Committee recommends that the Board of Regents grant accreditation of the Early Childhood Teacher Education program leading to initial certification in Early Childhood Education and the Inclusive Elementary Education program leading to initial certification in Childhood Education and Childhood Special Education, offered by Cazenovia College, effective May 18, 2004, for a period beginning immediately and ending on May 17, 2011, with the condition that a focused site visit be conducted before May 1, 2007, to evaluate the growth of the programs and Cazenovia College’s ability to meet increasing resource needs. Accreditation beyond May 17, 2007, shall be contingent on a finding that the College continues to provide sufficient resources to enable the programs to meet the accreditation standards. [HE&PP (A) 2]

Consent Agenda Items

Your Committee recommends that the Regents approve an application from the board of trustees of Northeastern Seminary that the provisional charter be made absolute. [BR (A) 1]

Your Committee recommends that the Regents amend the absolute charter to authorize Long Island University to award the Master of Social Work (M.S.W.) degree. [BR (A) 1]

Your Committee recommends that the Regents defer action until the June Regents meeting pending receipt of additional information on an amendment to the absolute charter of Touro College to add authority for the University to establish a branch campus at Bay Shore, Suffolk County and to authorize it to award at that branch campus the degrees of Associate in Applied Science (A.A.S.), Bachelor of Science (B.S.), Master of Science (M.S.) and Doctor of Physical Therapy (D.P.T.). [BR (A) 1]

Your Committee recommends that the Regents approve an amendment to the absolute charter of The Union Theological Seminary, in the City of New York, to increase the maximum number of trustees from 35 to 50. [BR (A) 1]

Your Committee recommends that the Regents grant a provisional charter to the New York Institute for Applied Behavior Management for a period of five years. [BR (A) 1]

Your Committee recommends that the Regents approve an amendment to change the corporate name of The East Side Institute for Short-Term Psychotherapy to "East Side Institute for Group and Short Term Psychotherapy" and, as so amended, for a further extension of the provisional charter for a period of five years. [BR (A) 1]

Your Committee recommends that the Regents extend the provisional charter of the Institute for Child, Adolescent, and Family Studies for a period of five years. [BR (A) 1]

Your Committee recommends that the Regents extend the provisional charter for Object Relations Institute for Psychotherapy and Psychoanalysis for a period of five years. [BR (A) 1]

Your Committee recommends that the Regents authorize Yale University, New Haven, Connecticut, effective May 18, 2004, to use a clinical agency in New York State for clinical education of students in its Master of Science in Nursing (M.S.N.) program, during a period beginning immediately and ending May 30, 2009. [HE & PP (CA) 1]

Your Committee recommends that the Regents defer action until the June Regents meeting pending receipt of additional information on the proposal to amend the master plan of Touro College, effective May 18, 2004, authorizing the College to establish a branch campus at Bay Shore, Suffolk County, at which it will offer an Associate in Applied Science (A.A.S.) program in Occupational Therapy Assistant; Bachelor of Science (B.S.) programs in Health Science, Health Care Administration, and Physician Assistant; Master of Science (M.S.) programs in Clinical Engineering and Biomedical Technology, Gerontology, Trans-Disciplinary Early Intervention, Occupational Therapy, Orthopedic Physical Therapy, Physical Therapy, Public Health, Forensic Examination, Clinical Vocational Rehabilitation Neuropsychology, and Interdisciplinary Studies in the Biological and Physical Sciences, and a Doctor of Physical Therapy (D.P.T.) program in Physical Therapy and that the master plan authority for Touro College to offer such programs at its Huntington branch campus be terminated. This amendment will be effective only until May 31, 2005, unless the Department registers the programs prior to that date, in which case master plan amendment shall be without term. [HE & PP (CA) 2]

Your Committee recommends that the Regents authorize the State University of New York Board of Trustees, effective May 18, 2004, to confer the Bachelor of Science (B.S.) degree on students successfully completing registered programs at SUNY College of Agriculture and Technology at Cobleskill. [HE & PP (CA) 3]

Your Committee recommends that the Regents amend the master plan of Monroe College, effective May 18, 2004, to authorize the College to offer a Bachelor of Business Administration (B.B.A.) in health services administration at its Bronx main campus and New Rochelle branch. This approval will be effective until May 31, 2005, unless the Department registers the program prior to that date, in which case master plan amendment shall be without term. [HE & PP (CA) 4]

Your Committee recommends that the Regents approve the following appointments and reappointments to the State Boards for the Professions: [HE & PP (CA) 5]

State Board for Interior Design - reappoint Lovejoy Duryea (New York) and Ann R. Myers (Athens) each for a term beginning May 1, 2004 and ending April 30, 2009

State Committee for Medical Physics- reappoint Brian M. Methé (Latham) for a term beginning July 1, 2004 and ending June 30, 2009

State Board for Ophthalmic Dispensing - appoint Tracy Coddington (Johnson City) and Joseph A. Miller (Buffalo) each for a term beginning June 1, 2004 and ending May 31, 2009

State Board for Veterinary Medicine - appoint Kimberly Baldwin (Spencer) for a term beginning June 1, 2004 and ending May 31, 2009

Your Committee recommends that the Regents approve the following appointments and reappointments as extended members to the State Boards for the Professions for service on licensure disciplinary and/or licensure restoration and moral character panels; the following appointments of members to the State Committee for Professional Assistance; and the following appointment and reappointments of members to the State Board for Professional Medical Conduct: [HE & PP (CA) 5]

State Board for Dentistry - reappoint John R. Billen (Canandaigua) as an extended member for a term beginning June 1, 2004 and ending May 31, 2009 and reappoint William R. Smithea (New York) as an extended member for a term beginning August 1, 2004 and ending July 31, 2009

State Board for Medicine - appoint Krishnareddy S. Gujavarty (Port Jefferson) and Joyce H. Lowinson (New York) as extended members each for a term beginning June 1, 2004 and ending May 31, 2009

State Board for Medicine - reappoint Patrick F. Carone (Massapequa), and Rafael Lopez (New York) as extended members each for a term beginning June 1, 2004, and ending May 31, 2009; and reappoint Rafael A. Olazagasti (Hurley) as an extended member for a term beginning August 1, 2004 and ending July 31, 2009

State Board for Podiatry - reappoint Wayne Axman (Atlantic Beach) as an extended member for a term beginning June 1, 2004 and ending May 31, 2009 and reappoint Nancy Rozran (Rockville Centre) as an extended member for a term beginning February 1, 2004 and ending January 31, 2009

State Board for Veterinary Medicine - appoint James J. Pawlicki (Boonville) as an extended member for a term beginning June 1, 2004 and ending May 31, 2009

State Committee for Professional Assistance - appoint Edward A. Epstein (Rock Hill), Sandra Marnell (Esperance), and Mary E. May (East Greenbush) each for a term beginning May 18, 2004 and ending May 17, 2009

State Board for Professional Medical Conduct - appoint Robert J. Corona (Skaneateles) for a term beginning June 1, 2004 and ending May 31, 2007; reappoint Arsenio G. Agopovich (Troy), Richard N. Ashley (Oyster Bay), and Richard F. Kasulke (Geneva) each for a term beginning July 1, 2004 and ending June 30, 2007; and reappoint William K. Major, Jr. (Orchard Park) and Thakor C. Rana (Hastings-on-Hudson) each for a term beginning June 1, 2004 and ending May 31, 2007

Your Committee recommends that the Regents approve the Report of the Committee on the Professions regarding Licensing Petitions. [HE & PP (CA) 6]

Your Committee recommends that the Regents amend the master plan of the State University of New York, effective May 18, 2004, to authorize the SUNY College of Agriculture and Technology at Cobleskill to offer a Bachelor of Science (B.S.) program in child care and development. This approval will be effective until May 31, 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]

Your Committee recommends that the Regents approve proposed amendments to sections 80-1.3, 80-2.1, 80-3.8, 80-3.9, and 80-5.17 of the Regulations of the Commissioner of Education relating to pathways to certification in the classroom teaching service, effective June 10, 2004. [HE & PP (CA) 8]

Your Committee recommends that the Regents approve proposed amendments to sections 80-1.2, 80-2.12, 80-2.13, 80-3.1, 80-3.5, 80-4.3, 80-5.6, and 80-5.13 of the Regulations of the Commissioner of Education relating to technical changes in requirements for certification in the classroom teaching service, effective June 10, 2004. [HE & PP (CA) 9]

MATTERS NOT REQUIRING BOARD ACTION

Your Committee discussed several topics of interest, including:

Amendment to the Regulations of the Commissioner of Education Relating to Requirements for Licensure as a Licensed Master Social Worker and Licensed Clinical Social Worker and for Registered College Programs [HE & PP (D) 1]

Your Committee discussed the proposed amendment to section 52.30 and Part 74 of the Regulations of the Commissioner of Education, which relates to the requirements for licensure in the profession of social work, requirements for an authorization qualifying licensed clinical social workers for insurance reimbursement, and requirements relating to the supervision of licensed master social workers who provide licensed clinical social work services and for baccalaureate social workers who provide licensed master social work services. The professions of Licensed Clinical Social Worker and Licensed Master Social Worker were created in 2002 and will replace the Certified Social Work profession effective September 1, 2004. Formal action will be taken at the June 2004 meeting of the Board.

Update on the new Illegal Practice Law - The Deputy Commissioner informed the Committee that approximately $1.9 million will be needed in order to implement the new Illegal Practice Law. The Department is seeking support for a $10 tri-annual surcharge on licensees' registration fees. This proposal has been supported by 98% of the professional associations.

State Board for Nursing's Resolution - The Deputy Commissioner advised the Committee that the State Board for Nursing has made a motion that "Statutory/regulatory change be sought permitting future RN applicants who have completed an associate degree or diploma in nursing to continue to receive licensure as an RN but requiring such persons to obtain a baccalaureate degree in nursing within 10 years of initial licensure." The Deputy explained the reasons the Board was seeking this change. Before Regents consideration or legislative action, the State Board will prepare a report addressing the impact this would have on future patient care, its effect on existing nursing population, shortage concerns and capacity issues. The issue will be formally discussed at a Committee meeting this fall.

Mental Health Professions - The Deputy Commissioner reported that, in addition to the changes in law regarding licensure in social work (licensed clinical social worker and licensed master social worker will replace certified social worker) that become effective September 1, 2004, a scope of practice for Social Work and Psychology was also established. Additionally, pursuant to statute, four new professions were added to the professions licensed and regulated by the Regents and the Department: Creative Arts Therapist, Marriage and Family Therapist, Psychoanalyst and Mental Health Counselor. The first licenses for these professions will be issued in January 2005.

Phase II Teaching Policy Transition - New requirements for Teacher Certification went into effect in February 2004. The Deputy Commissioner reported on the number of applications the Office of Teacher Certification has received this year and work is under way to process these applications.

New Certificate Titles - The Deputy Commissioner reported that the Department is working with the teachers unions, school boards, Counsel's Office, EMSC, and the Professional Standards and Practices Board to create a new regulation (Part 30) to maximize use of the new certificate titles, which became effective February 1, 2004, while providing necessary protection of teacher seniority and tenure rights.

Full-time/Part-time Faculty and Faculty Workload - The Deputy Commissioner reported that the Department has received significant feedback from the field requesting increased flexibility in the way of the full-time faculty and faculty teaching load requirements. It is proposed that the Regents consider changing the regulations to establish a performance-based policy that would provide teacher education programs that have achieved accreditation and have met the 80 percent pass rate with the authority to establish a faculty staffing plan that is consistent with their design. Staff anticipate reporting back to the Committee on this issue in September 2004.

The Three-Year Master’s Issue - The new teacher certification regulations, which became effective on February 1, 2004, require holders of initial teaching certificates to earn a master's degree in three years in order to advance to a professional certificate (the terminal level certificate). The Deputy Commissioner reported that many teacher candidates, colleges and school districts have indicated that three years are not sufficient time to earn the necessary master's degree and are seeking amendment of the Commissioner's Regulations to give candidates five years to earn the master's degree. Staff are examining the issue and plan to discuss it at the September Regents meeting.

The Statewide Plan for Higher Education - SUNY, CUNY and Independent institutions will be submitting their master plans soon. The Deputy Commissioner advised the Committee that the plans would be shared with them, that public hearings will be held in the fall and that the Board of Regents will act on the master plans before the end of the year.

Gifted and Talented Students - After 2004, teachers will be required to take six additional credits and pass the Gifted and Talented content specialty test. There are some capacity concerns that staff are examining and will bring back for discussion at the June Regents meeting.

The Deputy Commissioner reinforced that these issues do not represent an exhaustive list but rather are issues covered in recent press articles, letters from the field and spoken about in visits to schools. Other major topics include CPA legislation and regulatory structure, horizon issues (nursing shortage follow-up), pharmacy practice policy, dental residency, and developments in design professions.

REGENTS COMMITTEE ON CULTURAL EDUCATION

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

Your Committee on Cultural Education had its scheduled meeting on May 17, 2004 in the Regents Room, State Education Building. Chancellor Bennett, Regents Dawson, Bowman and Tallon were present. Regent Cortés-Vázquez 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.

ITEMS NOT REQUIRING ACTION

The State Librarian, Janet Welch, presented the members of the Regents Advisory Council on Libraries (RAC). Chairperson Louis Ciota, thanked the Regents and Commissioner Mills for their support of New Century Libraries (NCL) and encouraged them to continue to keep NCL as a top priority. The Regents and members of RAC discussed various strategies to increase support for library funding in New York State.

Chris Ward, State Archivist, discussed amendment of the Regulations of the Commissioner of Education regarding Records Retention and Disposition Schedule ED-1. These regulations are scheduled for approval by the Full Board at the June meeting.

FALLSBURG LIBRARY. An application having been made by and on behalf of the trustees of Fallsburg Library, for its provisional charter to be made absolute, and it appearing to the satisfaction of the Regents that the conditions for an absolute charter have been met, it was

Voted, that the provisional charter of the Fallsburg Library, located in South Fallsburg, and serving the Fallsburg Central School District, county of Sullivan, state of New York, which was granted by action of the Board of Regents on December 15, 2000 be, and the same hereby is, made absolute.

DEPOT PRESERVATION SOCIETY. An application having been made by and on behalf of the trustees of the Depot Preservation Society, for an amendment of its charter, it was

Voted, that the provisional charter of the Depot Preservation Society located in Port Jervis, county of Orange, state of New York, which was granted by action of the Board of Regents on July 23, 1985 be, and the same hereby is, amended to change the corporate name to “Tri-States Railway Preservation Society.”

GREECE PUBLIC LIBRARY. An application having been made by and on behalf of the trustees of the Greece Public Library, for an amendment of its charter, it was

Voted, that the provisional charter of the Greece Public Library, located in the town of Greece, county of Monroe, state of New York, which serves the town of Greece, which was granted by action of the Board of Regents on June 27, 1958; which provisional charter was extended by Regents action on June 24, 1960 and April 26, 1968 and which was made absolute by Regents action on June 25, 1971 be, and the same hereby is, amended to change the number of trustees from five to not less than five nor more than seven and to add the following language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3):

The corporation hereby created shall be a nonstock corporation organized and operated exclusively for educational purposes, as defined in section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code), and no part of the net earnings or net income shall inure to the benefit of any member, trustee, director or officer of the corporation, or any private individual (except that reasonable compensation may be paid for services rendered to or for the corporation), and no member, trustee, director or officer of the corporation, or any private individual, shall be entitled to share in the distribution of any of the corporate assets upon dissolution of the corporation.

Notwithstanding any other provision of these articles the corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code) or (b) by a corporation, contributions to which are deductible under section 170(c)(2) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code).

No substantial part of the activities of the corporation shall be devoted to carrying on propaganda, or otherwise attempting to influence legislation, (except to the extent authorized by Internal Revenue Code section 501(h) as amended, or the corresponding provision of any future Federal tax code, during any fiscal year or years in which the corporation has chosen to utilize the benefits authorized by the statutory provision) and the corporation shall not participate in or intervene (including the publishing or distribution of statements) in any political campaign on behalf of or in opposition to any candidate for public office.

Upon dissolution of the corporation, the board of trustees shall, after paying or making provision for the payment of all the liabilities of the corporation, dispose of the remaining assets of the corporation exclusively for one or more exempt purposes, within the meaning of section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code), or shall distribute the same to the Federal government, or to a state or local government, for a public purpose. Any such assets not so disposed of shall be disposed of by order of the Supreme Court of the State of New York in the judicial district where the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations, organized and operated exclusively for such purposes, as said Court shall determine.

JORDAN FREE LIBRARY. An application having been made by and on behalf of the trustees of the Jordan Free Library, for an amendment of its charter, it was

Voted, that the provisional charter of the Jordan Free Library, located Jordan in the town of Elbridge, county of Onondaga, state of New York, which serves the village of Jordan, which was granted by action of the Board of Regents on May 25, 1922; which provisional charter was extended by Regents action on July 18, 1941, July 31, 1947, July 29, 1951, March 1, 1957, September 19, 1961, June 21, 1968 and which was made absolute by Regents action on June 29, 1973 be, and the same hereby is, amended to change the corporate name to “Jordan Bramley Library” and to add the following language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3):

PATTERSON LIBRARY ASSOCIATION. An application having been made by and on behalf of the trustees of the Patterson Library Association, for an amendment of its charter, it was

Voted, that the provisional charter of the Patterson Library Association, an association library located in Patterson, county of Putnam, state of New York, which was granted by action of the Board of Regents on September 19, 1947; which provisional charter was made absolute by Regents action on September 14, 1950; which absolute charter was amended by Regents action on January 22, 1986 be, and the same hereby is, amended to change the corporate name to “Patterson Library” and to change the service area from the unincorporated village of Patterson to the town of Patterson.

SHENENDEHOWA PUBLIC LIBRARY. An application having been made by and on behalf of the trustees of the Shenendowa Public Library, for an amendment of its charter, it was

Voted, that the provisional charter of the Shenendowa Public Library, located in Clifton Park, county of Saratoga, state of New York, serving the town of Clifton Park as prescribed in Chapter 519 of the Laws of 1985 which was granted by action of the Board of Regents on December 13, 1985; which provisional charter was made absolute by Regents action on December 18, 1992; which absolute charter was amended by Regents action on February 11, 2003 to expand the service area to the portions of the town of Halfmoon outside the limits of the Mechanicville and Waterford Public School Districts as prescribed in Chapter 370 of the Laws of 2001 be, and the same hereby is, amended to change the corporate name to “Clifton Park-Halfmoon Public Library.”

1. A provisional charter valid for a term of five years is granted incorporating Lauren Hubbard, Rebecca Rohman, Jacqueline Hull, Anne Mottola, Margot Garant and their associates and successors as an education corporation under the corporate name of The Children’s Maritime Museum at Port Jefferson, located in Port Jefferson, county of Suffolk, state of New York.

a. To establish, operate and maintain a museum for children and youth, parents and teachers in Port Jefferson, Suffolk County, New York;

b. To provide appropriate interactive hands-on exhibits, events, workshops and educational programs with a maritime theme;

c. To engage children and youth in art, science, nature and the environment as related to our maritime theme;

d. To facilitate educational innovation among children and youth, stir their imaginations, spark creativity, promote tolerance, and inspire discovery and learning; and

e. To serve the needs of families, teachers, schools and communities as a center of learning and discovery.

3. The persons named as incorporators shall constitute the first board of trustees. The board shall have power to adopt bylaws, including therein provisions fixing the method of election and the term of office of trustees, and shall have power by vote of two-thirds of all the members of the board of trustees to change the number of trustees to be not more than twenty-five nor less than five.

5. The corporation hereby created shall be a nonstock corporation organized and operated exclusively for educational purposes, as defined in section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code), and no part of the net earnings or net income shall inure to the benefit of any member, trustee, director or officer of the corporation, or any private individual (except that reasonable compensation may be paid for services rendered to or for the corporation), and no member, trustee, director or officer of the corporation, or any private individual, shall be entitled to share in the distribution of any of the corporate assets upon dissolution of the corporation.

6. Notwithstanding any other provision of these articles the corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code) or (b) by a corporation, contributions to which are deductible under section 170(c)(2) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code).

7. No substantial part of the activities of the corporation shall be devoted to carrying on propaganda, or otherwise attempting to influence legislation, (except to the extent authorized by Internal Revenue Code section 501(h) as amended, or the corresponding provision of any future Federal tax code, during any fiscal year or years in which the corporation has chosen to utilize the benefits authorized by the statutory provision) and the corporation shall not participate in or intervene (including the publishing or distribution of statements) in any political campaign on behalf of or in opposition to any candidate for public office.

8. Upon dissolution of the corporation, the board of trustees shall, after paying or making provision for the payment of all the liabilities of the corporation, dispose of the remaining assets of the corporation exclusively for one or more exempt purposes, within the meaning of section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code), or shall distribute the same to the Federal government, or to a state or local government, for a public purpose. Any such assets not so disposed of shall be disposed of by order of the Supreme Court of the State of New York in the judicial district where the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations, organized and operated exclusively for such purposes, as said Court shall determine.

9. The institution of the corporation shall be located at 201 High Street, Port Jefferson, New York 11777.

10. The Commissioner of Education is designated as the representative of the corporation upon whom process in any action or proceeding against it may be served.

11. Such provisional charter will be made absolute if, within five years after the date when this charter is granted, the corporation shall acquire resources and equipment which are available for its use and support and which are sufficient and suitable for its chartered purposes in the judgment of the Regents of the University, and shall be maintaining an institution of educational usefulness and character satisfactory to the Regents. Prior to the expiration of said five-year period, an application for the extension of such provisional charter or for an absolute charter will be entertained by the Regents, but in the event that such application is not made, then at the expiration of said term of five years, and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

1. A provisional charter valid for a term of five years is granted incorporating Richard C. Mulliken, Sandra S. Stevenson, Barbara M. Hill, Carolyn S. Boyle, Laurel A. Santomassino, David L. Stevenson and their associates and successors as an education corporation under the corporate name of The Harpersfield Historical Society, located in Harpersfield, county of Delaware, state of New York.

b. To disseminate and encourage a greater knowledge of the history of the state of New York, county of Delaware, and particularly of the town of Harpersfield and its environs;

c. To gather, preserve, display and make available for study artifacts, relics, books, manuscripts, papers, photographs and other records and materials relating to the history of the state and particularly of the town of Harpersfield and the surrounding area;

e. 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.

9. The institution of the corporation shall be located at 25399 State Highway 23, Harpersfield, New York 13786.

10. The Commissioner of Education is designated as the representative of the corporation upon whom process in any action or proceeding against it may be served.

1. A provisional charter valid for a term of five years is granted incorporating Ronald L. Zealor, Ralph Pomeroy, Nancy Farrell, Elizabeth Turner, Samuel A. Fodora, Jr. and their associates and successors as an education corporation under the corporate name of Salmon River Visitor’s Center and International Sport Fishing Museum, located in Pulaski, county of Oswego, state of New York.

a. To establish and maintain a history museum relating to the sport of fishing and its history;

b. To collect, own, hold, maintain, preserve, and make available appropriate historical objects and artifacts;

c. To arrange, create, maintain, and promote appropriate historical exhibits and displays;

e. To promote and support historical research and scholarship, issue publications in all formats, and organize historical and cultural activities, programs and events for the public.

9. The mailing address of the corporation shall be located at State Route 13,P.O. Box 3044, Pulaski, New York 13142.

10. The Commissioner of Education is designated as the representative of the corporation upon whom process in any action or proceeding against it may be served.

ORANGE COUNTY COMMUNITY OF MUSEUMS AND GALLERIES. An application having been made by and on behalf of the trustees of Orange County Community of Museums and Galleries, for its charter to be dissolved, and for approval of the distribution of its remaining corporate assets to the Orange County Historical Society and it appearing from the petition that all taxes payable by the corporation have been paid, it was

Voted, that the provisional charter of Orange County Community of Museums and Galleries, located in Goshen, county of Orange, state of New York, which was granted by action of the Board of Regents on June 26, 1964 to promote the welfare of museums, galleries of art and comparable institutions in Orange County, New York; to foster continuous improvement of these institutions through the development and observance of high standards of ethics, conduct, education and scholarly attainments; to encourage cooperation among these museums and galleries; to survey the possible need for further museums; and to cooperate with the duly constituted authorities of the state of New York in carrying out these objects; which provisional charter was made absolute by Regents action on April 25, 1969 be, and the same hereby is, dissolved, and that notice to such effect be given to the board of trustees of the corporation, and that the distribution of the corporation’s assets to the Orange County Historical Society be, and the same hereby is, approved.

SALMON RIVER VISITOR’S CENTER AND INTERNATIONAL SPORT FISHING MUSEUM and FRIENDS OF SALMON RIVER VISITOR’S CENTER AND INTERNATIONAL SPORT FISHING MUSEUM, INC.

Salmon River Visitor’s Center and International Sport Fishing Museum, located in Pulaski, county of Oswego, state of New York, has petitioned the Board of Regents for the issuance of a provisional charter.

Friends of Salmon River Visitor’s Center and International Sport Fishing Museum, Inc., located in Pulaski, county of Oswego, state of New York, was incorporated pursuant to the provisions of the Not-for-Profit Corporation Law (NPCL) on October 22, 2002.

The board of trustees of Salmon River Visitor’s Center and International Sport Fishing Museum and the board of directors of Friends of Salmon River Visitor’s Center and International Sport Fishing Museum, Inc., have petitioned the Board of Regents, pursuant to Education Law §223, for an order consolidating the said corporations under one name, to wit, Salmon River Visitor’s Center and International Sport Fishing Museum, in accordance with an agreement of consolidation annexed to the petition, with power to carry on and conduct the educational activities heretofore carried on and conducted by said petitioners, and it was

1. Pursuant to the authority contained in Education Law §223, the Salmon River Visitor’s Center and International Sport Fishing Museum and Friends of Salmon River Visitor’s Center and International Sport Fishing Museum, Inc., be and hereby are consolidated under the name Salmon River Visitor’s Center and International Sport Fishing Museum.

2. The principal address of the consolidated corporation shall be located at State Route 13, P.O. Box 3044, Pulaski, New York 13142.

3. The surviving corporation will continue to administer the educational operations and purposes of the constituent corporations in the same manner as they presently exist, and the purposes of the consolidated corporation are:

a. To establish and maintain a history museum relating to the sport of fishing and its history;

b. To collect, own, hold, maintain, preserve, and make available appropriate historical objects and artifacts;

c. To arrange, create, maintain, and promote appropriate historical exhibits and displays;

e. To promote and support historical research and scholarship, issue publications in all formats, and organize historical and cultural activities, programs and events for the public.

4. The separate existence of the constituent corporations hereby ceases, and the consolidated corporation is hereby vested with all the rights, privileges, immunities, powers and authority possessed by or granted by law to each of the constituent corporations. All assets and liabilities of the respective predecessor corporations are hereby assets and liabilities of the consolidated corporation. All property, real, personal and mixed and all debts to each of the corporations on whatever account are hereby attached to the consolidated corporation and may be enforced against it to the same extent as if the debts, liabilities and duties had been incurred or contracted by it.

5. Ronald L. Zealor, Ralph Pomeroy, Nancy Farrell, Elizabeth Turner, Samuel A. Fodora, Jr. constitute the first board of trustees, to serve until the first annual meeting of the consolidated corporation. The board has power to adopt bylaws, including therein provisions fixing the method of election and the term of office of trustees, and has power by vote of two-thirds of all the members of the board of trustees to change the number of trustees to be not more than twenty-five nor less than five.

6. The corporation hereby created shall be a nonstock corporation organized and operated exclusively for educational purposes, as defined in section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code), and no part of the net earnings or net income shall inure to the benefit of any member, trustee, director or officer of the corporation, or any private individual (except that reasonable compensation may be paid for services rendered to or for the corporation), and no member, trustee, director or officer of the corporation, or any private individual, shall be entitled to share in the distribution of any of the corporate assets upon dissolution of the corporation.

7. Notwithstanding any other provision of these articles the corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code) or (b) by a corporation, contributions to which are deductible under section 170(c)(2) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code).

8. No substantial part of the activities of the corporation shall be devoted to carrying on propaganda, or otherwise attempting to influence legislation, (except to the extent authorized by Internal Revenue Code section 501(h) as amended, or the corresponding provision of any future Federal tax code, during any fiscal year or years in which the corporation has chosen to utilize the benefits authorized by the statutory provision) and the corporation shall not participate in or intervene (including the publishing or distribution of statements) in any political campaign on behalf of or in opposition to any candidate for public office.

9. Upon dissolution of the corporation, the board of trustees shall, after paying or making provision for the payment of all the liabilities of the corporation, dispose of the remaining assets of the corporation exclusively for one or more exempt purposes, within the meaning of section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code), or shall distribute the same to the Federal government, or to a state or local government, for a public purpose. Any such assets not so disposed of shall be disposed of by order of the Supreme Court of the State of New York in the judicial district where the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations, organized and operated exclusively for such purposes, as said Court shall determine.

10. The Commissioner of Education is designated as the representative of the corporation upon whom process in any action or proceeding against it may be served.

12. The consolidated corporation will operate under the provisional charter hereby granted to the Salmon River Visitor’s Center and International Sport Fishing Museum.

LAKE ONTARIO ARCHIVES CONFERENCE. An application having been made by and on behalf of the trustees of the Lake Ontario Archives Conference, for an amendment of its certificate of incorporation, it was

Voted, that the certificate of incorporation of the Lake Ontario Archives Conference, located in Ithaca, county of Tompkins, state of New York, which was granted by action of the Board of Regents on July 24, 1992 be, and the same hereby is, amended to change the corporate name to “New York State Archives Conference” and to restate the corporate purposes in their entirety to read:

“To support and promote the education and professional discourse of members of the archival profession and users or supporters of archives residing in New York State.”

The Office of Cultural Education having recommended that the Order of Consolidation adopted November 14, 2003, consolidating the Canton Free Library, located in Canton, county of St. Lawrence, state of New York, and The Trustees of Benton Library, located in Canton, county of St. Lawrence, state of New York, under the name "Canton Free Library" (the "Order of Consolidation"), be amended and restated, and it was

Voted, that the Order of Consolidation be amended and restated to read as follows:

This Instrument Witnesseth That the Board of Regents for and on behalf of the Education Department of the State of New York at their meeting of November 14, 2003,

The Canton Free Library, located in Canton, county of St. Lawrence, state of New York, was granted an absolute charter on March 19, 1896 to operate a library in the town and village of Canton, county of St. Lawrence, state of New York; which absolute charter was amended by Regents action on May 27, 1920.

The Trustees of Benton Library, located in Canton, county of St. Lawrence, state of New York, was created under a deed recorded May 26, 1908 by Emma P. Benton pursuant to Chapter 160 of the Laws of 1890, which was amended by Chapter 25 of the Laws of 1892 and Chapter 53 of the Laws of 1896; which deed provides that a parcel of land and the building thereon are to be held by The Trustees of the Benton Library and their survivors and successors forever, in trust, to create, continue and maintain upon premises, a public library to be conducted for the benefit of the village of Canton and upon the express condition that The Trustees of the Benton Library shall always maintain a suitable building for the accommodation of a free public library owned either by The Trustees of the Benton Library or by some other incorporated library association or associations, including the Canton Free Library, so long as said organization shall be in existence.

The boards of trustees of the Canton Free Library and The Trustees of Benton Library have petitioned the Board of Regents, pursuant to Education Law Section 223, for an order consolidating the said corporations under one name, to wit, Canton Free Library, in accordance with an agreement of consolidation annexed to the petition, with power to carry on and conduct the educational activities heretofore carried on and conducted by said petitioners, and it was

a. Canton Free Library is a corporation chartered under and pursuant to the powers of the Board of Regents;

b. The Trustees of Benton Library is a corporation chartered under a general law for purposes for which a charter may be granted by the Board of Regents under and pursuant to applicable law, including Section 216 of the Education Law of the State of New York (the "Education Law"); and

c. Canton Free Library and The Trustees of Benton Library are each qualified, eligible, authorized and permitted to seek, and the Board of Regents has authority and jurisdiction to grant, an Order of Consolidation with respect to the Consolidation Petition, as that term is defined below, pursuant to Section 223 of the Education Law of the State of New York as provided herein.

2. Pursuant to the authority contained in Education Law Section 223, the Petition of Consolidation dated September 10, 2003 executed and submitted by the Canton Free Library and The Trustees of Benton Library (the "Consolidation Petition") is hereby approved and confirmed in all respects, that the terms of the Consolidation Petition are incorporated herein by reference, that The Trustees of Benton Library be and hereby is consolidated into the Canton Free Library, and that the Canton Free Library be and hereby is deemed the surviving corporation.

3. Canton Free Library, the surviving corporation, will continue to administer the educational operations and purposes of the constituent corporations in the same manner as they presently exist.

4. The separate existence of The Trustees of Benton Library hereby ceases, and Canton Free Library, as the surviving corporation, continues in existence and is hereby vested with all the rights, privileges, immunities, powers and authority possessed by or granted by law to The Trustees of Benton Library and Canton Free Library. All assets and liabilities of The Trustees of Benton Library are hereby made assets and liabilities of the Canton Free Library, and all assets and liabilities of Canton Free Library shall remain and continue as assets and liabilities of Canton Free Library. Without limiting the foregoing, all property, real, personal and mixed, and all debts owing to The Trustees of Benton Library on whatever account are hereby vested, transferred and attached to Canton Free Library, and all debts, liabilities and duties of The Trustees of Benton Library are hereby vested, transferred and attached to Canton Free Library, to the same extent as if such debts, liabilities and duties had been incurred or contracted by Canton Free Library.

5. The charter of the Canton Free Library, the surviving corporation, is amended and restated as follows:

First: The name of the corporation is Canton Free Library (the “Corporation”).

a. To own, operate and maintain the library located in the village of Canton in order to provide the members of the public in the town of Canton with library services;

b. To support and develop library services and facilities for the community and to stimulate use of the library’s resources and services by the community;

d. To do any other act or thing incidental to or connected with the foregoing purposes or in advancement thereof, but not for the pecuniary profit or financial gain of its members, trustees, directors, or officers except as permitted under the Education Law.

Third: The Corporation shall be administered by a board of trustees of not fewer than nine nor greater than fifteen. The initial board of trustees including the initial term for each trustee is set forth in paragraph 4 herein. Thereafter, trustees shall be appointed by the board of trustees and serve in accordance with applicable provisions of the Corporation’s bylaws, as may be amended from time to time. A vacancy on the board of trustees for cause other than expiration of the trustee’s term may be filled as provided in the Corporation’s bylaws, as may be amended from time to time.

These initial trustees shall serve until the first annual meeting. At the first annual meeting of the Corporation, the trustees shall be elected in the manner set forth in the bylaws of the corporation.

Fifth: The corporation is a nonstock corporation organized and operated exclusively for educational purposes, and no part of the earnings or net income of the corporation shall inure to the benefit of any individual member, trustee, director, officer of the Corporation, or any private individual (except that reasonable compensation may be paid for services rendered to or for the Corporation); and no trustee, director, officer, member or employee of the corporation shall receive or be entitled to receive any pecuniary profit from the operations thereof, except reasonable compensation for services.

Sixth: Notwithstanding any other provision of these articles, the corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Law) or (b) by a corporation, contributions to which are deductible under section 170(c)(2) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Law).

Seventh: No substantial part of the activities of the corporation shall be devoted to carrying on propaganda, or otherwise attempting to influence legislation (except to the extent authorized by Internal Revenue Code section 501[h] as amended, or the corresponding provision of any future United States Internal Revenue Law, during any fiscal year or years in which the corporation has chosen to utilize the benefits authorized by the statutory provision), and the corporation shall not participate in or intervene (including the publishing or distribution of statements) in any political campaign on behalf, or in opposition to, of any candidate for public office.

Eighth: Upon dissolution of the corporation, the board of directors shall, after paying or making provision for the payment of all the liabilities of the corporation, dispose of the remaining assets of the Corporation exclusively for one or more exempt purposes, within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code), or shall distribute the same to the Federal government, or to a state or local government, for a public purpose. Any such assets not so disposed of shall be disposed of by order of the Supreme Court of the State of New York in the judicial district where the principal office of the Corporation is then located, exclusively for such purposes or to such organization or organizations, organized and operated exclusively for such purposes, as said Court shall determine.

Ninth: The principal office of the corporation shall be located at 8 Park Street, Canton, New York 13617-1204 and/or such other locations as the corporation may deem from time to time, necessary or admissible.

Tenth: The Commissioner of Education is designated as the representative of the corporation upon whom process in any action or proceeding against it may be served.

Eleventh: If a trustee or officer of the Corporation is made a party to any civil or criminal action or proceeding in any matter arising from the performance by such trustee or officer of his or her duties for or on behalf of the Corporation, then, to the full extent permitted by law, the Corporation, upon affirmative vote of the board of trustees, a quorum of trustees being present at the time of the vote who are not parties to the action or proceeding, shall:

(1) Advance to such trustee or officer all sums found by the board, so voting, to be necessary and appropriate to enable the trustee or officer to conduct his or her defense, or appeal, in the action or proceeding; and

(2) Indemnify such trustee or officer for all sums paid by him or her in the way of judgments, fines, amounts paid in settlement, and reasonable expenses, including attorneys’ fees actually and necessarily incurred, in connection with the action or proceeding, or appeal therein, subject to the proper application of credit for any sums advanced to the trustee or officer pursuant to clause (1) of this paragraph.

6. The consolidation herein shall take effect as of November 14, 2003, the date of the Consolidation Order, and this Amended and Restated Order of Consolidation shall be deemed effective in all respects as of November 14, 2003 and shall be deemed to amend and restate the Consolidation Order in all respects as of such date.

7. The consolidated corporation will operate under the absolute charter, as amended and restated, hereby granted to the Canton Free Library.

AURORA WALDORF SCHOOL. An application having been made by and on behalf of the trustees of Aurora Waldorf School, for its provisional charter to be made absolute, and it appearing to the satisfaction of the Regents that the conditions for an absolute charter have been met, it was

Voted, that the provisional charter of the Aurora Waldorf School, located in West Falls, county of Erie, state of New York, which was granted by action of the Board of Regents on September 13, 1991; which provisional charter was amended by Regents action on July 21, 1995 and, as so amended, extended, and was further extended on September 18, 1998 be, and the same hereby is, made absolute.

BROCKPORT COMMUNITY NURSERY SCHOOL. An application having been made by and on behalf of the trustees of Brockport Community Nursery School, for its provisional charter to be made absolute, and it appearing to the satisfaction of the Regents that the conditions for an absolute charter have been met, it was

Voted, that the provisional charter of the Brockport Community Nursery School, located in Brockport, county of Monroe, state of New York, which was granted by action of the Board of Regents on November 10, 2000 be, and the same hereby is, made absolute.

THE SUFFOLK COUNTY ORGANIZATION FOR THE PROMOTION OF EDUCATION (SCOPE). An application having been made by and on behalf of the trustees of The Suffolk County Organization for the Promotion of Education (SCOPE), for an amendment of its charter, it was

Voted, that the provisional charter of The Suffolk County Organization for the Promotion of Education (SCOPE) located in Oakdale, county of Suffolk, state of New York, which was granted by action of the Board of Regents on September 24, 1965; which provisional charter was made absolute by Regents action on February 27, 1970; which absolute charter was amended by Regents action on February 4, 1997 be, and the same hereby is, amended to change the corporate name to “Scope Education Services” and to be further known by the use of the acronym “SCOPE”; to be located principally in Smithtown, county of Suffolk, state of New York; and to add the following purposes:

“d. To provide tutorial or other academic enrichment activities to children, including but not limited to: gifted and talented programs; summer enrichment; SAT and other test preparation, supplemental educational service programs; and driver education, except that such driver education shall be limited to instruction provided pursuant to Part 7 of the Regulations of the Commissioner of Motor Vehicles (15 NYCRR Part 7) and shall not include instruction provided pursuant to Part 2 of the Regulations of the Commissioner of Motor Vehicles (15 NYCRR Part 2); and furthermore, that no such instruction shall be provided unless and until the corporation has received the approval of the Commissioner of Motor Vehicles; and

e. To provide training services for teachers, administrators and support staff in order to bring about the improvement of education, particularly in member school systems.”

TWIN TIERS BAPTIST HIGH SCHOOL ASSOCIATION. An application having been made by and on behalf of the trustees of the Twin Tiers Baptist High School Association, for an amendment of its charter, it was

Voted, that the provisional charter of the Twin Tiers Baptist High School Association located in Breesport, county of Chemung, state of New York, which was granted by action of the Board of Regents on December 16, 1977; which provisional charter was made absolute by Regents action on May 20, 1983 be, and the same hereby is, amended to change the corporate name to “Twin Tiers Christian Academy.”

THE WEBSTER MONTESSORI SCHOOL. An application having been made by and on behalf of the trustees of The Webster Montessori School, for an amendment of its charter, it was

Voted, that the provisional charter of The Webster Montessori School located in Webster, county of Monroe, state of New York, which was granted by action of the Board of Regents on March 29, 1968; which provisional charter was made absolute by Regents action on June 25, 1971; which absolute charter was amended by Regents action on July 28, 1989 and June 9, 1995 be, and the same hereby is, amended to authorize the corporation to also operate a toddler program; to delete the authority to operate a day care center; to add the disclaimer “Nothing herein shall allow the school to establish or operate a day care center as that term is defined in the Social Service Law” and to extend the provisional authority to operate the grade one through six elementary program, as amended to provide for the operation of the toddler program, for a period of three years through May 18, 2007.

1. A provisional charter valid for a term of three years is granted incorporating Jennifer Pirrone, Judith Lucks, Deanne Johnson, Corinne Van Oort, Elizabeth Nelson and their associates and successors as an education corporation under the corporate name of Good Ground Christian Education Services located in the city and county of Schenectady, state of New York.

a. To operate a nursery school program for children from three to five years of age;

b. To provide Christian education services via nursery school, youth activities, and adult conferences and seminars;

c. To solicit contributions, gifts, and grants to support the aforementioned activities; and

9. The institution of the corporation shall be located at 4809 Mariaville Road, Schenectady, New York 12306-6115.

10. The Commissioner of Education is designated as the representative of the corporation upon whom process in any action or proceeding against it may be served.

11. Such provisional charter will be made absolute if, within three years after the date when this charter is granted, the corporation shall acquire resources and equipment which are available for its use and support and which are sufficient and suitable for its chartered purposes in the judgment of the Regents of the University, and shall be maintaining an institution of educational usefulness and character satisfactory to the Regents. Prior to the expiration of said three-year period, an application for the extension of such provisional charter or for an absolute charter will be entertained by the Regents, but in the event that such application is not made, then at the expiration of said term of three years, and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

1. A provisional charter valid for a term of three years is granted incorporating Jennifer Woodruff, Jennifer Weiss Friedman, Joel S. W. Friedman, Kevin Woodruff, Rachel Berg and their associates and successors as an education corporation under the corporate name of La Escuelita, located in the city, county, and state of New York.

a. To establish and operate a bilingual preschool and day care centers, provided however that before each such day care facility shall be established and opened, the prior written approval of the New York State Office of Children and Family Services or the New York City Department of Health, for those corporations located within New York City, will be obtained. No merger, consolidation, amendment, or dissolution will be permitted without the prior written approval of the New York State Office of Children and Family Services;

b. To establish and operate bilingual playgroups whereby caregivers always accompany the children;

d. To establish and conduct after-school and summer programs for elementary-age children;

f. To establish and conduct bilingual speech and language services for children and their families.

9. The institution of the corporation shall be located at 302 West 91^st Street, New York 10024.

10. The Commissioner of Education is designated as the representative of the corporation upon whom process in any action or proceeding against it may be served.

BARKAI YESHIVAH. An application having been made by and on behalf of the trustees of Barkai Yeshivah, for its provisional charter to be amended and, as so amended, extended, it was

Voted, that the provisional charter of the Barkai Yeshiva, located in Brooklyn, county of Kings, state of New York, which was granted by action of the Board of Regents on June 13, 2000 be, and the same hereby is, amended to change the corporate address to 321 Avenue N, Brooklyn, New York 11230, and as so amended, extended until May 18, 2007; and prior to that date, an application for the further extension of such provisional charter or for an absolute charter will be entertained by the Regents, but, in the event that such application is not made, then after May 18, 2007 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

HUDSON VALLEY SUDBURY SCHOOL. An application having been made by and on behalf of the trustees of Hudson Valley Sudbury School, for its provisional charter to be amended and, as so amended, extended, it was

Voted, that the provisional charter of the Hudson Valley Sudbury School, located in Woodstock, county of Ulster, state of New York, which was granted by action of the Board of Regents on July 18, 2002; such provisional charter was extended by Regents action on September 12, 2003 be, and the same hereby is, amended to change the corporate address to 84 Zena Road, Kingston, New York 12401, and as so amended, extended until May 18, 2006; and prior to that date, an application for the further extension of such provisional charter or for an absolute charter will be entertained by the Regents, but, in the event that such application is not made, then after May 18, 2006 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

THE SARATOGA INDEPENDENT SCHOOL. An application having been made by and on behalf of the trustees of The Saratoga Independent School, for its provisional charter to be amended and, as so amended, extended, it was

Voted, that the provisional charter of The Saratoga Independent School, located in Saratoga Springs, county of Saratoga, state of New York, which was granted by action of the Board of Regents on April 26, 1991; which provisional charter was extended by Regents action on July 24, 1992 and amended by Regents action on December 19, 1997 and, as so amended, extended; which provisional charter was further extended by Regents action on December 15, 2000 and amended on June 17, 2003 be and the same hereby is, amended to add authority for the to also operate grades seven and eight, and as so amended, extended until May 18, 2007; and prior to that date, an application for the further extension of such provisional charter or for an absolute charter will be entertained by the Regents, but, in the event that such application is not made, then after May 18, 2007 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

LINCOLN ACADEMY. An application having been made by and on behalf of the trustees of Lincoln Academy, for its charter to be dissolved, and for approval of the approval of the filing of the student records with the Waverly Central School District, and it appearing from the petition that all taxes payable by the corporation have been paid, it was

Voted, that the provisional charter of Lincoln Academy, located in Waverly, county of Goshen, state of New York, which was granted by action of the Board of Regents on September 18, 1998 to operate a grade nine through twelve secondary school be, and the same hereby is, dissolved, and that notice to such effect be given to the board of trustees of the corporation, and that the filing of student records at the Waverly Central School District, be, and the same hereby is, approved.

NORTHEASTERN SEMINARY. An application having been made by and on behalf of the trustees of Northeastern Seminary, for an absolute charter, it was

Voted, that the provisional charter of Northeastern Seminary, located in the city of Rochester, county of Monroe, and state of New York, which was granted by action of the Board of Regents on July 17, 1998; which provisional charter was amended by Regents action on February 11, 2003 be, and the same hereby is, made absolute.

LONG ISLAND UNIVERSITY. An application having been made by and on behalf of the trustees of Long Island University, for an amendment of its charter, it was

Voted, that the provisional charter of Long Island University, located in Brookville, county of Nassau, and state of New York, which was granted by action of the Board of Regents on December 9, 1926; which provisional charter was made absolute by Regents action on February 19, 1931; which absolute charter was amended and which corporation was merged with the First Institute of Podiatry by Regents action on November 16, 1939; which absolute charter was amended by Regents action on July 23, 1943, March 26, 1952, June 25, 1954, June 26, 1959, September 29, 1961, May 24, 1963, June 24, 1966, November 15, 1973, July 1, 1976, October 29, 1976 and October 19, 1978; which corporation was consolidated by Regents action with the Arnold and Marie Schwartz College of Pharmacy and Health Sciences on March 22, 1979; which absolute charter was amended by Regents action on May 22, 1981, September 21, 1984 to restate the charter in its entirety, July 27, 1990, September 24, 1993, February 3, 1995, June 9, 1995, September 13, 2002 and October 4, 2002 be, and the same hereby is, amended to authorize the corporation to confer the Master of Social Work (M.S.W.) degree.

THE UNION THEOLOGICAL SEMINARY, IN THE CITY OF NEW YORK. An application having been made by and on behalf of the trustees of The Union Theological Seminary, in the City of New York, for an amendment of its charter, it was

Voted, that the charter of The Union Theological Seminary, in the City of New York located in the city, county, and state of New York, which was incorporated by special act of the New York State Legislature by Chapter 99 of the Laws of 1839; which charter was amended by action of the Board of Regents on various occasions, the last amendment having been granted on March 17, 1989 be, and the same hereby is, amended to replace the existing section 2 of such charter with the following:

1. A provisional charter valid for a term of five years is granted incorporating Martin A. Schwartzman, Frank Lourenso, Joseph Belevich, Rosemary Belevech, Anthony C. Hollander and their associates and successors as an education corporation under the corporate name of New York Institute for Applied Behavior Management, located in the city, county, and state of New York.

a. To provide a non-credit program which includes didactic class work, clinical practice under supervision, and research to train individuals to perform behavioral management strategies for a variety of individuals; and

b. To aid the progress of the profession by sponsoring meetings, lectures and symposia for persons interested or engaged in research in the field of applied behavior management.

9. The institution of the corporation shall be located at 832 North Broadway, Amityville, New York 11701.

10. The Commissioner of Education is designated as the representative of the corporation upon whom process in any action or proceeding against it may be served.

THE EAST SIDE INSTITUTE FOR SHORT-TERM PSYCHOTHERAPY. An application having been made by and on behalf of the trustees of The East Side Institute for Short-Term Psychotherapy, for its provisional charter to be amended and, as so amended, extended, it was

Voted, that the provisional charter of The East Side Institute for Short-Term Psychotherapy , located in the city, county, and state of New York, which was granted by action of the Board of Regents on May 24, 1985; which provisional charter was extended by Regents action on January 15, 1993 and March 16, 1999 be, and the same hereby is, amended to change the corporate name to “East Side Institute for Group and Short Term Psychotherapy,” and as so amended, extended until May 18, 2009; and prior to that date, an application for the further extension of such provisional charter or for an absolute charter will be entertained by the Regents, but, in the event that such application is not made, then after May 18, 2009 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

INSTITUTE FOR CHILD, ADOLESCENT, AND FAMILY STUDIES. An application having been made by and on behalf of the trustees of Institute for Child, Adolescent, and Family Studies, for its provisional charter to be extended, it was

Voted, that the provisional charter of the Institute for Child, Adolescent, and Family Studies, located in the city, county, and state of New York, which was granted by action of the Board of Regents on July 24, 1992; which provisional charter was extended by Regents action on December 19, 1997 be, and the same hereby is, extended until May 18, 2009; and prior to that date, an application for the further extension of such provisional charter or for an absolute charter will be entertained by the Regents, but, in the event that such application is not made, then after May 18, 2009 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

OBJECT RELATIONS INSTITUTE FOR PSYCHOTHERAPY & PSYCHOANALYSIS. An application having been made by and on behalf of the trustees of Object Relations Institute for Psychotherapy & Psychoanalysis, for its provisional charter to be extended, it was

Voted, that the provisional charter of the Object Relations Institute for Psychotherapy & Psychoanalysis, located in the city, county, and state of New York, which was granted by action of the Board of Regents on December 17, 1993; which provisional charter was extended by Regents action on November 6, 1998 be, and the same hereby is, extended until May 18, 2009; and prior to that date, an application for the further extension of such provisional charter or for an absolute charter will be entertained by the Regents, but, in the event that such application is not made, then after May 18, 2009 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.