SUMMARY OF THE JUNE 2004 MEETING

OF THE BOARD OF REGENTS

THE UNIVERSITY OF THE STATE OF NEW YORK

Held at the State Education Building
Albany, New York

JUNE 21 AND 22, 2004

David Johnson, Secretary
Board of Regents

THE BOARD OF REGENTS

The Board of Regents of The University of the State of New York held an executive session on Tuesday, June 22, at 7:45 a.m. and two public sessions on Monday, June 21, at 9:00 a.m. and Tuesday, June 22, at 10:00 a.m. pursuant to a call duly sent to each Regent.

MEETING OF THE FULL BOARD, Monday, June 21

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.
John Brademas

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 Milton L. Cofield were absent and excused.

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

ACTION ITEM

Executive Session Motion

MOVED, that the Board of Regents convene in executive session on Tuesday, June 22 at 7:45 a.m. for the purpose of discussing personnel and pending litigation.

          Motion by:             Vice Chancellor Adelaide L. Sanford
          Seconded by:        Regent Diane McGivern
          Action:                   Motion carried unanimously

Resolution in Recognition of Distinguished Service
to Douglass E. Bailey

Chancellor Robert M. Bennett presented a Resolution honoring Douglass E. Bailey for more than 20 years of outstanding service to the State Education Department and his contributions to improving services for youth and adults with disabilities.

The Resolution is attached as Appendix III.

DISCUSSION ITEMS

Commissioner's Report to the Board of Regents

The Commissioner’s written monthly report focused on eleven subject areas: Student Information System; Middle Level Education; Reading First-the Startup; VESID Key Performance Indicators; Regents Oversight of Assessment: GED; Home Instruction; Building the 2005-06 Budget; A Research Library for All New Yorkers; Digital Public TV and Education; State Aid; and, Supplementary Teaching Certificates.

Presentation on Scientifically-Based Reading Research
BR (I) 1

Drs. Sally and Bennett Shaywitz presented their work on scientifically-based reading research. Their work has contributed much to the vast amount of converging research that shows direct, high quality instruction does make a difference in attaining reading skills.

Dr. Bennett Shaywitz has a long-standing interest in disorders of learning and attention in children and young adults. In his presentation, he informed the Board of his use of functional magnetic resonance imaging (fMRI) to study how the brain changes as children with dyslexia are taught to read.

In her presentation, Dr. Sally Shaywitz informed the Board of her research which provides the basic framework, conceptual model, epidemiology and neurobiology for the scientific study of learning disabilities, particularly dyslexia, in children.

The research conducted by Drs. Sally and Bennett Shaywitz has been used to inform the development of New York’s Reading First program.

MISCELLANEOUS

2005 Teacher of the Year

Ms. Elizabeth Day, a sixth-grade teacher from Mechanicville Middle School, was honored by the Board as the 2005 New York State Teacher of the Year.

The other finalists for the Teacher of the Year Award included:

· Mr. Kurt Wheeler, a high school social studies teacher at the Cazenovia Junior-Senior High School, was named first runner up;

· Ms. Elyse Joy, a seventh grade science teacher at the Orville A. Todd Middle School in the Spackenkill Union Free School District;

· Ms. Toni Plummer, a high school health teacher from the Albion Central School District; and

· Ms. Angela Riordan, a high school chemistry teacher from the Clarence Central School District.

The New York Teacher of the Year Program is affiliated with the National Teacher of the Year Program sponsored by a consortium of leading educational associations and operated by the Council of Chief State School Officers and Scholastic, Inc. The Teacher of the Year receives a monetary award from the Thomas Sobol Award for the Teacher of the Year.

MEETING OF THE FULL BOARD, Tuesday, June 22

Board Members in Attendance:

Robert M. Bennett, Chancellor
Adelaide L. Sanford, Vice Chancellor
Diane McGivern
Saul B. Cohen
James C. Dawson
Merryl H. Tisch
Geraldine D. Chapey
Arnold B. Gardner
Lorraine Cortés-Vázquez
Harry Phillips, 3^rd
Joseph E. Bowman, Jr.
James R. Tallon, Jr.
John Brademas

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 Anthony S. Bottar and Milton L. Cofield were absent and excused.

Chancellor Bennett called the meeting to order at 10:00 a.m.

ACTION ITEMS

Summary of the May 2004 Meeting

BR (A) 2

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

          Motion by:             Regent Diane McGivern
          Seconded by:        Regent James C. Dawson
          Action:                   Motion carried unanimously

June 2004 Regulatory Agenda/Review of Existing Rules

BR (A) 3

          Section 202-d of the State Administrative Procedure Act (SAPA) requires that the State Education Department publish, each year, a regulatory agenda in the first January issue, and in the last June issue, of the State Register.

          The June 2004 regulatory agenda is a list and brief description of the subject matter of each rule the Department is considering proposing during the remainder of 2004, but has not yet submitted a Notice of Proposed Rule Making.

          The review of existing rules section for the June 2004 Regulatory Agenda includes a list of rules adopted in 1999 that the Department has determined should continue without modification.

MOVED, that the June 2004 Regulatory Agenda/Review of Existing Rules for the State Education Department be approved, as submitted.

          Motion by:             Regent Geraldine D. Chapey
          Seconded by:        Regent Joseph E. Bowman, Jr.
          Action:                   Motion carried unanimously

$680,866 Grant from the National Endowment for the Humanities to Extend the New York State Newspaper Project through June 30, 2006

BR (A) 4

MOVED, that the Board of Regents accept the sum of $680,866 from the National Endowment for the Humanities in order to support the New York State Newspaper Project for the period July 1, 2004 through June 30, 2006.

          Motion by:             Regent James C. Dawson
          Seconded by:        Regent Joseph E. Bowman, Jr.
          Action:                   Motion carried unanimously

State Education Department May 2004 Fiscal Report

BR (A) 5

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

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 May 2004 State Education Department Fiscal Report as presented.

          Motion by:             Regent Joseph E. Bowman, Jr.
          Seconded by:        Regent Saul B. Cohen
          Action:                   Motion carried unanimously

State Level Review of Impartial Hearing Officer Determinations for Students with Disabilities

BR (A) 6

The Board reviewed for action a proposed amendment to section 279.12 of the Regulations of the Commissioner of Education.

The proposed amendment is necessary to conform section 279.12 of the Commissioner’s Regulations to the Federal Individuals with Disabilities Education Act (IDEA) and 34 CFR section 300.511, by deleting a provision that authorizes the State Review Officer to extend the timelines for issuing a decision to allow additional time to review an extensive record on appeal. The U.S. Department of Education has notified the State Education Department that this provision is out of compliance with CFR section 300.511.

The amendment is being proposed for adoption as an emergency measure. It is anticipated that the proposed amendment will be presented to the Board of Regents for adoption as a permanent rule at the September 9-10, 2004 Regents meeting, effective September 30, 2004. A Notice of Emergency Adoption and Proposed Rule Making will be published in the State Register on July 14, 2004.

MOVED, that section 279.12 of the Regulations of the Commissioner of Education be amended as submitted, effective June 25, 2004, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare in order to conform the Commissioner’s Regulations to the Federal Individuals with Disabilities Education Act (IDEA) and 34 CFT 300.511 immediately, and thereby ensure compliance with Federal requirements for receipt of funds under the IDEA.

          Motion by:             Regent Harry Phillips, 3^rd
          Seconded by:        Regent Geraldine D. Chapey
          Action:                   Motion carried unanimously

Subcommittee Report and Recommendation Concerning the Institutional Accreditation of Gamla College

BR (A) 7

In early 2002, Gamla applied for extension of its institutional accreditation by the Board of Regents and the Commissioner. In November 2003, based on the recommendations of Department staff and the Regents Advisory Council on Institutional Accreditation, the Department recommended that the Board grant Gamla probationary accreditation for a period of two years with specified reports and a site visit. On December 11, 2003, the Committee on Higher Education and Professional Practice rejected this recommendation and voted to deny the extension of Gamla’s institutional accreditation. On December 12, 2003, the Board adopted the Committee’s recommendation and, thereafter, Gamla appealed the Board’s determination.

Pursuant to 4-1.5(b)(11) of the Rules of the Board of Regents, the Chancellor appointed Regents Diane McGivern, Harry Phillips, 3^rd and Milton L. Cofield as the Subcommittee to hear Gamla’s appeal. In accordance with the Rules, the Subcommittee reviewed Gamla’s appeal papers, the response of the Deputy Commissioner and the entire record upon which the Board’s initial determination was based.

The Subcommittee found that the evidence established that Gamla does not meet, or is in only partial compliance with, the following standards for institutional accreditation: Assessment of Student Achievement (Rule 4-1.4[b][1]; Assessment of Student Achievement – Graduation Rates (Rule 4-1.4[b][3][i][a]; Curricula (Rule 4-1.4[c]; Resources – Fiscal Capacity (Rule 4-1.4[e][3]); and Administration (Rule 4-1.4[f].

Based upon the findings, the Subcommittee concluded there is sufficient cause to uphold the Board’s determination of December 12, 2003.

MOVED, that the Board of Regents approve the Subcommittee’s report and recommendation to dismiss Gamla’s appeal and affirm the Regents determination of December 12, 2003 to deny the extension of the institutional accreditation of Gamla College.

          Motion by:             Regent Diane McGivern
          Seconded by:        Harry Phillips, 3^rd
          Action:                   Motion carried unanimously

At the time of adoption of Standing Committee reports, Regent Arnold B. Gardner stated his willingness to extend the institution’s accreditation to allow for further deliberation.

NASBE Election

(Uncoded)

The Board received background information on candidates seeking election to the offices of President-Elect and Northeast Area Director for the 2005 NASBE Board of Directors.

MOVED, that the Board of Regents cast a ballot for Ms. Diane Fladmo, a member of the Montana State Board of Education, for the Office of President-Elect of NASBE; and,

MOVED, that the Board of Regents cast a ballot for Mr. Claibourne Smith, a member of the Delaware State Board of Education, for the Office of Northeastern Area Director.

          Motion by:             Regent James C. Dawson
          Seconded by:        Regent Harry Phillips, 3^rd
          Action:                   Motion carried unanimously

Resolution in Honor of Thomas E. Sheldon

Chancellor Robert M. Bennett presented a Resolution honoring Thomas E. Sheldon for 35 years of truly outstanding service with the State Education Department and for his constant focus on advancing the education of all New Yorkers in ways large and small, universal and local.

The Resolution is attached as Appendix IV.

2003 Yavner Award for Teaching About the Holocaust

The late Regent Emeritus Louis E. Yavner established and funded the Louis E. Yavner Citizen Award and the Yavner Teaching Award. These annual awards recognize teachers and private citizens who have made outstanding contributions to teaching about the Holocaust and other violations of human rights.

Mr. Walter Wolff, a holocaust survivor, docent for two holocaust centers, community leader, and author, from Long Beach, was presented the 2003 Louis E. Yavner Citizen Award. Mr. Wolff received a formal citation and a check in the amount of $250.

The Yavner Teaching Award was presented in November 2003.

DISCUSSION ITEMS

Discussion on the Proposed Amendments to the Rules of the Board of Regents and the Regulations of the Commissioner of Education Relating to the Requirements for the Conferral of a College Degree as it Relates to Students Who Have Not Obtained a High School Diploma or a High School Equivalency Diploma

BR (D) 2

At the May 2004 meeting of the Board, the Department reviewed recommendations presented in March relating to 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. The discussion centered on students who were home instructed.

The Department is now recommending that the following pathways be available for students who are beyond compulsory school age in order to receive a college degree in New York State: possession of a high school diploma; or receipt of a letter from the superintendent of schools documenting equivalency of instruction to a high school program; or receipt of a high school equivalency diploma; or completion of 24 semester hours of college coursework as recommended at the May Regents meeting (i.e., 6 credits in English/Language arts, 3 credits in mathematics, 3 credits in natural sciences, 3 credits in social sciences, 3 credits in humanities, and 6 credits in courses within the registered program); or possession of a previous college degree; or passage of the five Regents examinations or approved alternatives required for a high school diploma.

The Department will bring draft amendments to sections 100.7 and 100.10 of the Regulations of the Commissioner and Regents Rules 3.47 and 8.2 to the Board for discussion at its July meeting. These proposed regulations will be available for action at the September meeting.

Statewide Student Data System

BR (D) 3

The Department is building a statewide student data repository system that collects individual student data from local school districts, manages the data at a regional level and provides for collection of the appropriate individual student data at the State level for State reporting and analysis.

The statewide student data system is intended to build on the Local Education Agency Program (LEAP) data collection system and the System for Tracking Education Progress (STEP) and the foundation laid by the regional data repositories of individual data begun by BOCES Regional Information Centers. It consists of four components: a system of statewide unique student identifiers; State and regional repositories of student performance, program and demographic data; tools for data analysis; and, training and assistance for school districts.

The statewide student data system will begin to replace the LEAP and STEP data collection systems beginning with data collected for the 2005-06 school year. The data collected in summer 2006 will include data for the school year 2005-06 and will include all students in grades 3-12, selected students in K-2 and students enrolled in GED programs operated by public school districts, BOCES or the Office of Children and Family Services. All of these students will have a statewide unique student identifier assigned to them.

In discussion, Board members raised several issues and comments: encourage consideration of a biometric in the unique student identifier; sources of funding; a discussion of the network capacity to implement; and, consideration of including data on the nature of the educational experience for the child in core reports.

STANDING COMMITTEE REPORTS

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

          Motion by:             Regent Merryl H. Tisch
          Seconded by:        Regent Joseph E. Bowman, Jr.
         Action:                 Motion carried unanimously (Regent Arnold B. Gardner voted nay on charter actions included in EMSC-VESID (A) 2)

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

Your EMSC-VESID Committee held its scheduled meeting on June 21, 2004. Regent Cortés-Vázquez was absent and excused.

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.

ACTION ITEMS

Charter Applications

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

Charter Schools

· Your Committee recommends approval of the revisions to the charters of The Ark Community Charter School, Troy, and the Enterprise Charter School, Buffalo. [EMSC-VESID (A) 2]

· Your Committee recommends approval of the revisions to the certificate of incorporation of The Ark Community Charter School, Troy. [EMSC-VESID (A) 2]

· Your Committee recommends approval of the revisions to the certificate of incorporation of the Enterprise Charter School, Buffalo. The vote was 4 yes and 1 no (Regent Dawson). [EMSC-VESID (A) 2]

Staff were asked to provide information on the cumulative fiscal impact of charter schools in Buffalo, what we know about how many students applied to these schools, as well as the impact of collective bargaining on conversion versus new charter schools. The Committee asked that staff provide in the future the percent as well as total dollar amount of the cumulative fiscal impact for charter school applications and revisions. The Committee asked that the Board schedule a future discussion on the threshold of cumulative fiscal impact on a school district, and indicated there are additional indicators that should be considered such as the academic performance of individual charter schools, the performance of student subgroups, teacher certification and mobility rates.

Regulation

· Your Committee recommends that section 156.3 of the Regulations of the Commissioner be amended as submitted, effective July 1, 2004, as an emergency action to ensure that individuals hired by private and parochial schools as school bus drivers may obtain the required instruction, training and certification in a timely manner consistent with statutory requirements. [EMSC-VESID (A) 1]

REGENTS COMMITTEE ON HIGHER EDUCATION AND PROFESSIONAL PRACTICE

Your Committee on Higher Education and Professional Practice held its scheduled meeting on June 21, 2004. All Committee members were present, except Regent Arnold B. Gardner, who was present for the public session and excused for the executive session, and Regent Milton L. Cofield and Regent Anthony S. Bottar who were excused for both sessions. Vice Chancellor Adelaide L. Sanford was also present during both sessions but did not participate in the executive session.

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 7 cases, and not accepted in one case as hereafter set forth. In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 27 consent order applications and 6 surrender applications be granted.

In one case, under calendar number 20937, we recommend that the recommendation of the Regents Review Committee not be accepted, and the application be denied.

These recommendations are made following the review of 41 cases involving 13 licensed practical nurses, seven dentists, four licensed practical nurses who are also registered professional nurses, five registered professional nurses, three certified public accountants, one professional engineer, one certified social worker, one massage therapist, one pharmacist, and one psychologist.

RESTORATION PETITIONS

Voted, that the Board of Regents stay the order of surrender of the physician license of Samuel Rosati 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 revocation of the podiatrist license of Joseph R. Gassler for two years, that he be placed on probation for two years under specified terms and conditions, and that upon successful completion of the probationary period, his license be fully restored. The stay of the revocation shall take effect upon documentation of Dr. Gassler's satisfactory completion of an approved one-year residency program in podiatry. [HE & PP EXS (A) 2]

Voted, that the Board of Regents deny the petition for restoration of the podiatrist license of Anthony Joseph Consalvo, Jr. [HE & PP EXS (A) 3]

CONSENT AGENDA ITEMS

Your Committee recommends that the Regents approve 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 grant a provisional charter to the Jungian Psychoanalytic Association for a period of five years. [BR (A) 1]

Your Committee recommends that the Regents approve the University of Pennsylvania, Philadelphia, Pennsylvania, 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 June 22, 2004, and ending June 30, 2009. [HE & PP (CA) 1]

Your Committee recommends that the Regents approve the reappointments of Iris Wolfson and R. Michael Kraus to the New York State Teachers’ Retirement System Board, each for a three-year term commencing June 30, 2004, and expiring June 30, 2007. [HE & PP (CA) 2]

Your Committee recommends that the Regents amend the master plan of Technical Career Institutes, effective June 22, 2004, authorizing the Institute to offer an Associate in Applied Science (A.A.S.) program in health information technology. This amendment will be effective until June 30, 2005, unless the Department registers the program prior to that date, in which case master plan shall be without term. [HE & PP (CA) 3]

Your Committee recommends that the Regents confer the Bachelor of Business Administration (B.B.A.) degree on five candidates, the Bachelor of Technology (B.Tech.) degree on 17 candidates, the Associate in Applied Science (A.A.S.) degree on 14 candidates, the Associate in Occupational Studies (A.O.S.) degree on three candidates, and the Certificate on one candidate who have successfully completed the programs of Globe Institute of Technology, Inc. [HE & PP (CA) 4]

Your Committee recommends that the Regents approve the reappointments of Eva M. Mroczka (teacher member), Marilyn O. Pirkle (administrator member) and Luis A. Ramirez (teacher member) to the State Professional Standards and Practices Board for Teaching, each for a term beginning July 1, 2004, and ending June 30, 2008; and that David A. Caputo be reappointed as co-chair of the State Professional Standards and Practices Board for Teaching for an additional term beginning July 1, 2004, and ending June 30, 2006. [HE & PP (CA) 5]

Your Committee recommends that the Regents amend the master plan of Touro College, effective June 22, 2004, authorizing the College to establish a branch campus at Bay Shore, Suffolk County, at which it offers Bachelor of Science (B.S.) programs in Health Science, Health Care Administration, and Physician Assistant; Master of Science (M.S.) programs in Occupational Therapy, Orthopedic Physical Therapy, Physical Therapy, Public Health, Forensic Examination, 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 June 30, 2005, unless the Department registers the programs prior to that date, in which case master plan amendment shall be without term. [HE & PP (CA) 6]

Your Committee recommends that the Regents authorize the State University of New York Board of Trustees to confer the degree of Master of Science (M.S.) on students successfully completing registered programs at State University College at Geneseo, effective June 22, 2004. [HE & PP (CA) 7]

Your Committee recommends that the Regents authorize Bryant and Stratton College, Buffalo, effective June 22, 2004, to confer the degree of Bachelor of Business Administration (B.B.A.) on students successfully completing registered programs at its main campus and its Amherst and Lackawanna campuses. [HE & PP (CA) 8]

Your Committee recommends that the Regents amend the master plan of Bryant and Stratton College, Buffalo, effective June 22, 2004, authorizing the College to offer Bachelor of Business Administration (B.B.A.) programs in general management and in information technology at its main campus and at its Amherst and Lackawanna branch campuses. This amendment will be effective until June 30, 2005, unless the Department registers the programs prior to that date, in which case master plan amendment shall be without term. [HE & PP (CA) 9]

Your Committee recommends that the Regents approve the following appointments and reappointments to the State Boards and Committees for the Professions: [HE & PP (CA) 10]

State Committee for Athletic Trainers - appoint Karen Balter (West Sand Lake) and Farron C. Bennett (DeRuyter) each for a term commencing July 1, 2004, and expiring June 30, 2009

State Board for Chiropractic- appoint Jack Stern (Rye) for a term commencing July 1, 2004, and expiring June 30, 2009

State Board for Dentistry - appoint Alban C. Burke (Armonk), Peter H. Collins (Troy), Ralph H. Epstein (Glen Cove), Luis J. Fujimoto (New York), Jean G. Furuyama (New York), Christine M. Matis (Northport), and Eugene A. Pantera (East Aurora) each for a term commencing August 1, 2004, and expiring July 31, 2009

State Board for Massage Therapy - appoint Heidi S. Liberatore (Hamburg) for a term commencing July 1, 2004, and expiring June 30, 2009

State Board for Medicine - appoint Myra B. Shayevitz (Manlius) for a term commencing August 1, 2004, and expiring July 31, 2009

State Board of Midwifery - appoint Christopher J. Murphy (Clifton Park), Sekile Nzinga-Johnson (Rochester), and Cecilia Stearns (Byron) each for a term commencing August 1, 2004, and expiring July 31, 2009

State Board for Nursing - reappoint Donna M. Karczewski (Cheektowaga), John W. Mullen (Troy), and Theresa Sebastian (New York) each for a term commencing July 1, 2004, and expiring June 30, 2009

State Board of Pharmacy - appoint Madelyne Di Maria (Vestal) for a term commencing August 1, 2004, to July 31, 2009

State Board for Public Accountancy - appoint Rona Cherno (New York), Patricia A. Crecco (Shrub Oak), Daniel J. Cristofano (New York), and Jeffrey R. Hoops (Rockville Centre) each for a term commencing July 1, 2004,and expiring June 30, 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, licensure restoration, and moral character panels: [HE & PP (CA) 10]

State Board for Chiropractic - appoint Robert J. DeBonis (Spring Valley) and Margaret E. Verhagen (Warwick) as extended members each for a term commencing July 1, 2004, and expiring June 30, 2009

State Board for Dentistry - appoint Nancy R. Barnes (Forest Hills), John M. Iacono (Manhasset), Owen K. W. Jones (Westbury), Ester L. Lim (New York), Michael Lozman (Menands), R. Chester Redhead (Scarsdale), and Robert E. Watson (Hamburg) as extended members each for a term commencing August 1, 2004, and expiring July 31, 2009

State Board for Massage Therapy - appoint Gina Martin (Suffern) as an extended member for a term commencing July 1, 2004, and expiring June 30, 2009

State Board for Nursing - appoint Mary Shaffer Collins (Skaneateles), Dianne Cooney Miner (Rochester), and Marion Niblock (Williamsville) as extended members each for a term commencing July 1, 2004, and expiring June 30, 2009

State Board of Pharmacy - reappoint Ronald W. McLean (Albany) as an extended member for a term commencing July 1, 2004, and expiring June 30, 2009

State Board for Psychology - appoint Casemiro Epe, Jr. (Binghamton) for a term commencing August 1, 2004, and expiring July 31, 2009

State Board for Public Accountancy - reappoint Irving Solomon (East Rockaway) for a term commencing May 1, 2004, and expiring April 30, 2009

Your Committee recommends that the Regents approve the Report of the Committee on the Professions regarding Licensing Petitions. [HE & PP (CA) 11]

APPROVAL ITEMS

Voted, that sections 52.30, 74.1, 74.2, 74.3, and 74.4 of the Regulations of the Commissioner be repealed and new sections 52.30, 74.1, 74.2, 74.3, and 74.4 be added; that section 74.5 of the Regulations of the Commissioner of Education be amended; and that sections 74.6, 74.7, and 74.8 of the Regulations of the Commissioner of Education be added, as submitted, effective September 1, 2004. These amendments relate to requirements for licensure as a Licensed Master Social Worker and Licensed Clinical Social Worker and the registered college programs leading to licensure in these fields. The Committee was provided with an updated copy of the Assessment of Issues Raised by Public Comment. A copy is available, upon request, from the Office of the Board of Regents. [HE & PP (A) 1]

Your Committee recommends that the Board of Regents grant accreditation of the teacher education programs offered by St. Joseph’s College at its main campus in Brooklyn and its Suffolk Branch Campus in Patchogue, effective June 22, 2004, for a period beginning immediately and ending on June 21, 2011. Regent Cohen abstained. [HE & PP (A) 2]

MATTERS NOT REQUIRING BOARD ACTION

Your Committee discussed several topics of interest, including:

Amendment to the Regulations of the Commissioner of Education Relating to the Operation of Radiographic Equipment by an Unlicensed Person under the Direct Supervision of a Licensed Podiatrist [HE & PP (D) 1]

The purpose of the proposed regulation is to implement section 7006(4) of the Education Law, which permits an unlicensed assistant providing supportive services to a licensed podiatrist to x-ray a patient's foot, while under the direct supervision of the licensed podiatrist, provided that the unlicensed assistant has completed an acceptable course of study.

Proposed Amendment to the Regulations of the Commissioner of Education Relating to the Creation of a Supplementary Certificate in the Classroom Teaching Service and Relocation of the Requirements for Teacher of Adult, Community and Continuing Education [HE & PP (D) 2]

The purpose of the proposed amendment is to enable a teacher certified in one classroom teaching title to provide instruction in a different title for which there is a demonstrated shortage of certified teachers. Teachers must meet additional requirements, which include completion of course work and passage of the Content Specialty Test in the area of the Supplementary Certificate. The amendment also relocates existing requirements for teachers of adult, community, and continuing education to another section of the Regulations. The Committee had a number of questions that staff will research and provide additional information to the Regents.

Liberty Partnership-Closing the Achievement Gap. Your committee had the first of a series of discussions on one of the five Opportunity Programs administered by the Department, Liberty Partnerships Program. The discussion highlighted some of the successful strategies that can be used to help all students reach academic success. All of these programs have demonstrated records of success in helping students, beginning in the fifth grade and continuing through graduate study, stay in school and successfully complete their education. Two graduates of the Liberty Partnerships Program addressed the Committee commenting on the importance of the program to them. [HE & PP (D) 3]

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 June 21, 2004 in the Regents Room, State Education Building. Regents Dawson, Bowman and Tallon were in attendance. Regent Cortés-Vázquez was absent.

ACTION ITEMS

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

Your Committee recommends approval of the amendment of Sections 185.5 and 185.12 of the Regulations of the Commissioner or Education regarding Records Retention and Disposition Schedule ED-1.

ITEMS NOT REQUIRING ACTION

Robert Reilly, Director of Educational Television and Public Broadcasting, led discussion on the development of policy, regulation and support governing public television. He asked your Committee to begin consideration of ways in which public television would serve education broadly, specifically its role in the development of the Quality Committee’s technology policy and steps the Regents and Department would take to ensure the potential of digital television (DTV) in the service of education will be realized. Regent Dawson suggested that there be an analysis identifying the SED and USNY programs that could most benefit from the DTV technology, and the fiscal resources (e.g., State and Federal funding streams) can be made available to support DTV projects and programs. Regent Dawson also suggested that this issue be brought up as one of the priorities at the Regents Retreat next month. Mrs. Huxley explained that DTV would be discussed at the Full Board this coming September.

The 2005-06 budget request for the Office of Cultural Education will include the following:

Ř New Centuries Libraries (NCL): NCL will continue to be a legislative priority for the Board.

Ř Public Broadcasting and DTV: The budget request continues at $25 million in capital funds. The emphasis will be on hardware and software needed for local and other programming.

Ř Collection Stewardship: There is a “place-holder” in the 2005-06 for a capital request to construct a new collection storage facility. The amount of proposed funding to support a new facility will be discussed at the December Regents meeting.

Ř Museum Renewal: We will request $5 million in appropriation authority from the Cultural Education Special Revenue account to continue to support the renewal of the State Museum.

Ř Documentary Heritage Program (DHP) and Archives Partnership Trust (APT): We will request an amendment to the Cultural Education Law so that additional funding can be directed to the DHP and APT.

State Librarian Janet Welch discussed expansion of borrowing privileges of the New York State Library collections for all New Yorkers. The Research Library proposes to expand privileges to include: 1) direct borrowing from the New York State Library’s circulating collection for all New York State residents who are at least 18 years of age; 2) direct remote access to the collection of NOVEL databases through the New York State Library website; and 3) direct remote access through the New York State Library website to an additional group of databases to be selected on the basis of appropriateness, availability and affordability. This expansion is a direct result of recommendations made by the Regents Commission on Library Services. Mrs. Welch reminded your Committee that the Board adopted the recommendations of the 1998-2000 Commission as their public policy.

Draft rules for Museums and Historical Society charters were presented as an information item. Mrs. Huxley reminded your Committee that in September they will review the amendments to these regulations with final approval by the Full Board in November.

Mrs. Huxley presented the OCE report on Actions to Increase Staff and Programmatic Diversity for your Committee’s information. Actions included were initiated in 2003 within the State Museum, the State Library and the State Archives as well as in programs across the State supported through discretionary grants.

Other information items included:

Ř Regent Brademas noted that there would be events in Washington D. C. and New York City (NYU) to address the need for ensuring that the papers of public officials be preserved and made accessible.

Ř The schedule for the NCL Leadership Meetings in Fall 2004 was announced.

Ř The Summer Reading Program now has materials in eight languages to be distributed to schools, libraries and other organizations.

Ř The opening of the Woodstock exhibit and celebration events in the State Museum was announced.

REGENTS COMMITTEE ON QUALITY

Chancellor Robert Bennett presented on behalf of the Committee the following written report.

Your Committee on Quality held its scheduled meeting on June 21, 2004. Vice Chancellor Sanford and Regent Bowman were present.

ACTION ITEMS

No items were recommended for formal approval by the Regents.

MATTERS NOT REQUIRING BOARD ACTION

l Your Committee confirmed the problem statement for the USNY Convocation, proposed by the external Convocation Planning Advisory Committee:

How can we use USNY’s powerful assets to support the people who help children and young adults acquire the skills and knowledge they need to have meaningful opportunities for full participation in society and the workforce?

Your Committee also accepted the Advisory Committee’s recommendation that the Regents act as passionate listeners and network builders during the December 3^rd event, which will prepare the Board to lead regional follow-up conversations.

Next steps in planning include finalizing the invitation list by expanding it to include representatives from foundations and the business sector, confirming a keynote speaker, and developing several options for the agenda to be reviewed by the Advisory Committee and the Quality Committee.

l Your Committee received an update on the USNY Technology Policy and Practices Council. The primary issue for discussion by the Council has been to identify the focus of its work within three broad categories: 1) digital capacity within USNY; 2) digital content; and 3) digital use. The Council will meet in late July to identify clear issues for analysis, and then to pursue outside expertise to develop the analysis and recommendations.

The Council has also raised concerns about funding to support its work and the capacity of the Department in the area of instructional technology.

l Your Committee also reviewed the proposed agenda for the annual Board retreat. The desired outcomes for the session are a consensus on the Board’s priorities for the coming year, an assessment of the Department’s staffing capacity to accomplish those priorities, and agreement on how the Board will use its time.

APPENDIX 1

NEW YORK STATE BOARD OF REGENTS

CHARTER ACTIONS

JUNE 21–22, 2004

SAGTIKOS MANOR HISTORICAL SOCIETY. An application having been made by and on behalf of the trustees of Sagtikos Manor Historical Society, for an amendment of its charter, it was

Voted, that the absolute charter in the first instance of the Sagtikos Manor Historical Society, located in Islip, county of Suffolk, state of New York, which was granted by action of the Board of Regents on March 1, 1963 be, and the same hereby is, amended to add the following language:

“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 part of the net earning of the corporation shall inure to the benefit of any 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 member, trustee, 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.

“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 publication or distribution of statements) in any political campaign on behalf of or in opposition to any candidate for public office.

“Upon the 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”

SWAN LIBRARY. An application having been made by and on behalf of the trustees of Swan Library, for its absolute charter to be amended, it was

Voted, that the absolute charter in the first instance of Swan Library, serving the area defined in the charter amendment of 1993 as stated below, located in Albion, county of Orleans, state of New York, which was incorporated by action of the Board of Regents on December 21, 1899 to operate an association library; such absolute charter was amended by Regents action on September 24, 1993 to enlarge and clearly define the library’s service area to include all parts of the towns of Barre, Albion, Gaines and Carlton not within the Lyndonville or Medina Central School District, to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501 (c)(3) and to designate the Commissioner of Education as the agent of the corporation for the purpose of service of process be, and the same hereby is, amended to change the number of trustees from seven to not less than five nor more than eleven and to specify that the term of the trustees is four years.

WEST SENECA HISTORICAL SOCIETY AND MUSEUM. An application having been made by and on behalf of the trustees of West Seneca Historical Society and Museum, for an amendment of its charter, it was

Voted, that the absolute charter in the first instance of the West Seneca Historical Society and Museum, located in West Seneca, county of Erie, state of New York, which was granted by action of the Board of Regents on September 20, 1957 be, and the same hereby is, amended to add the following language:

CUBA CHEESE MUSEUM

Voted, that

1. A provisional charter valid for a term of five years is granted incorporating Carol Donovan, Betty Edwards, Nico Van Zwanenberg, Ellsworth Swift, Greg Chiapuso, Judy Zayac, Donald Donovan, Bonnie Blair, Mary Nease, Ellen Scott and their associates and successors as an education corporation under the corporate name of Cuba Cheese Museum, located in Cuba, county of Allegany, state of New York.

2. The purposes for which such corporation is formed are:

a. To establish and maintain a history museum relating to the cheese and dairy industry;

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; and

d. 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.

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.

4. The names and post office addresses of the first trustees are as follows:

Carol Donovan

85 E. Main Street

Cuba, New York 14727

Betty Edwards

27 Orchard Street

Cuba, New York 14727

Nico Van Zwanenberg

P.O. Box 44

Cuba, New York 14727

Ellsworth Swift

12 Chapel Street

Cuba, New York 14727

Greg Chiapuso

106 S. Shore Road

Cuba, New York 14727

Judy Zayac

24 Bristol Street

Cuba, New York 14727

Donald Donovan

85 E. Main Street

Cuba, New York 14727

Bonnie Blair

105 S. Street

Cuba, New York 14727

Mary Nease

78 Spring Street

Cuba, New York 14727

Ellen Scott

39 Chapel Street

Cuba, New York 14727

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 mailing address of the corporation shall be P.O. Box 34, Cuba, New York 14727.

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.

MARATHON AREA HISTORICAL SOCIETY

Voted, that

1. A provisional charter valid for a term of five years is granted incorporating Kathy Dennison, Rhoda Jones, Terry Light, David Lusk, Constance White, La Vena Court, Richard Holl, David Light, Patricia McConnell, Marc Wheaton, Jerry Wilcox, Patricia Willis, Lynda Witty-Davern and their associates and successors as an education corporation under the corporate name of Marathon Area Historical Society, located in Marathon, county of Cortland, state of New York.

2. The purposes for which such corporation is formed are to discover, procure and preserve whatever shall relate to the natural, civil, literary and ecclesiastical history of the town of Marathon and the surrounding area, and to establish and maintain collections of art and archeology.

4. The names and post office addresses of the first trustees are as follows:

Kathy Dennison

26 Mill Street

P.O. Box 585

Marathon, New York 13803

Rhoda Jones

1563 Texas Valley Road

Marathon, New York 13803

Terry Light

42 West Main Street

P.O. Box 235

Marathon, New York 13803

David Lusk

3071 Highland Road

Marathon, New York 13803

Constance White

3471 Route 221

Marathon, New York 13803

La Vena Court

3473 West Main Street

Marathon, New York 13803

Richard Holl

8 Front Street

P.O. Box 729

Marathon, New York 13803

David Light

42 West Main Street

P.O. Box 235

Marathon, New York 13803

Patricia McConnell

1 South Street

P.O. Box 652

Marathon, New York 13803

Marc Wheaton

68 Cortland Street

Marathon, New York 13803

Jerry Wilcox

79 Cortland Street

P.O. Box 757

Marathon, New York 13803

Patricia Willlis

969 Merrill Creek Road

Marathon, New York 13803

Lynda Witty-Davern

11 Galatia Street

P.O. Box 238

Marathon, New York 13803

9. The office of the corporation shall be 3471 Route 221, Marathon, New York 13803.

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.

JOHN W. JONES MUSEUM. An application having been made by and on behalf of the trustees of John W. Jones Museum, for its provisional charter to be extended, it was

Voted, that the provisional charter of John W. Jones Museum, located in Elmira, county of Chemung, state of New York, which was granted by action of the Board of Regents on June 9, 1998 be, and the same hereby is, extended until June 22, 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 June 22, 2009 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

SHAKER MUSEUM AND LIBRARY and MOUNT LEBANON SHAKER VILLAGE

The Shaker Museum and Library, located in Old Chatham, county of Columbia, state of New York, was granted a provisional charter by action of the Board of Regents, under the corporate name “Shaker Museum Foundation” on July 21, 1950; which provisional charter was made absolute by Regents action on July 29, 1955; and which absolute charter was amended by Regents action on July 27, 1990 to change the corporate name to “Shaker Museum and Library.”

The Mount Lebanon Shaker Village, located in New Lebanon, county of Columbia, state of New York, was granted a provisional charter by action of the Board of Regents on October 23, 1984 and was consolidated on that date with Mount Lebanon Shaker Village, Inc. a Delaware corporation under the provisional charter granted to Mount Lebanon Shaker Village; which provisional charter was made absolute by Regents action on March 25, 1988; and on May 21, 1993, the Mount Lebanon Shaker Village was consolidated with Mount Lebanon Heritage Foundation, an education corporation incorporated by the Board of Regents on July 28, 1989, under the name “Mount Lebanon Shaker Village.”

The boards of trustees of the Shaker Museum and Library and Mount Lebanon Shaker Village have petitioned the Board of Regents, pursuant to Education Law §223, for an order consolidating the said corporations under one name, to wit, Shaker Museum and 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

Voted, that

1. Pursuant to the authority contained in Education Law §223, the Shaker Museum and Library and Mount Lebanon Shaker Village be and hereby are consolidated into the Shaker Museum and Library and that the Shaker Museum and Library be and hereby is deemed the surviving corporation.

2. The separate existence of Mount Lebanon Shaker Village hereby ceases, and the Shaker Museum and 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 Mount Lebanon Shaker Village and the Shaker Museum and Library. All assets and liabilities of Mount Lebanon Shaker Village are hereby made assets and liabilities of the Shaker Museum and Library and all assets and liabilities of the Shaker Museum and Library shall remain and continue as assets and liabilities of the Shaker Museum and Library. Without limiting the foregoing, all property, real, personal and mixed, and all debts owing to Mount Lebanon Shaker Village on whatever account are hereby vested, transferred and attached to the Shaker Museum and Library and may be enforced against it to the same extent as if the debts, liabilities and duties had been incurred or contracted by the Shaker Museum and Library.

3. The principal office of the consolidated corporation shall be located at 88 Shaker Museum Road, Old Chatham, New York 12136.

4. The Shaker Museum and 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, and the purposes of the consolidated corporation are:

a. To collect, preserve, and interpret materials related to the history of the United Society of Believers in Christ’s Second Appearing, more commonly known as the Shakers;

b. To maintain a museum facility open to the public wherein the object collections can be displayed;

c. To maintain the Emma B. King research library open to the public where the Shaker Museum’s collections of books, manuscripts, photographs, and other materials can be consulted;

d. To promote the general public’s awareness and understanding of Shaker history and its relationship to contemporary society through all appropriate media, including exhibitions, public programs, publications, and visual media;

e. To preserve, improve, restore, maintain, interpret and operate the National Historic Landmark known as Mount Lebanon Shaker Village;

f. To concentrate the preservation of efforts at Mount Lebanon Shaker Village in the conservation of all materials on the site, including, without limitation, building structures, landscape, water systems, field systems and artifacts;

g. To explore the history of the Mount Lebanon Shaker Village through archaeological surveys of above- and below-ground artifacts, oral histories and other historical research methods;

h. To educate the general public and promote public awareness and knowledge of the history, organization, technology, religion, culture and sociology of the United Society of Believers in America (the Shakers), including, without limitation, exhibitions, workshops and special events, and make all of its resources available to both general and scholarly education and research;

i. To acquire, through purchase or otherwise, Shaker materials such as, but not limited to, artifacts, photographs, manuscripts and imprints, library materials, records, microfilm, microfiche, film footage and videocassette recorder tapes relating to the Shakers and to Mount Lebanon Shaker Village; and

j. To conduct its activities consistent with the methodology for professionally accepted museum standards and in accordance with the standards and guidelines for preservation promulgated by the Secretary of the Interior of the United States.

5. Jeffrey R. Lick, F. James Tuttle, Stephen G. Williams, Judith A. Powers, Meyer S. Frucher, Lisa Kelly Thompson, John B. Carroll, Murray B. Douglas, Stephen J. Stein, Warden McL. Williams, J. Thomas Clark, Denise Clayton, David B. Forer, Sara P. Garretson, Nancy M. Pollard and William J. Tilles constitute the initial board of trustees, to serve until the first annual meeting of the consolidated corporation. The board shall have the 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 consolidated corporation is 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.

11. The consolidation herein shall take effect June 29, 2004.

12. The consolidated corporation shall operate under the absolute charter of the Shaker Museum and Library.

LITTLE PALS PRESCHOOL. An application having been made by and on behalf of the trustees of Little Pals Preschool, for its provisional charter to be amended and, as so amended, 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 Little Pals Preschool, located in Monroe, county of Orange, and 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 include the following purpose:

“ To establish and operate day care centers within the State of New York, initially within Orange County, provided, however, before each such 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.”

And, as so amended, the same be, and hereby is, made absolute.

MORRISS CENTER SCHOOL. An application having been made by and on behalf of the trustees of the Morriss Center School for an amendment of its charter, it was

Voted, that the provisional charter of the Morriss Center School located in Bridgehampton, county of Suffolk, state of New York, which was granted by action of the Board of Regents under the corporate name “The Hampton Day School” on February 27, 1970; which provisional charter was extended by Regents action on May 24, 1974; amended by Regents action on January 25, 1978 and, as so amended, made absolute; and which absolute charter was amended by Regents action on July 17, 1998, September 17, 1999 and September 12, 2003 to change the corporate name to “Morriss Center School” be, and the same hereby is, amended to expand the authority of the corporation to include such educational, cultural, artistic and scientific activities in support of, and/or in conjunction with, the School and its surrounding community as may be determined from time to time by the Board of Trustees to be appropriate and necessary.

RAINBOW K. An application having been made by and on behalf of the trustees of the Rainbow K for an amendment of its charter, it was

Voted, that the provisional charter of the Rainbow K located in Buffalo, county of Erie, state of New York, which was granted by action of the Board of Regents on May 25, 1984 to establish an all day kindergarten; which provisional charter was amended by Regents action on February 21, 1986 to authorize the corporation to operate a nursery school and was made absolute by Regents action on December 11, 1987; and which absolute charter was amended by Regents action on December 20, 1996 to authorize the corporation to also operate a first grade program be, and the same hereby is, amended to authorize the corporation to also operate a grade two.

TRINITY EPISCOPAL SCHOOLS CORPORATION. An application having been made by and on behalf of the trustees of the trinity Episcopal Schools Corporation for an amendment of its charter, it was

Voted, that the charter of the Trinity Episcopal Schools Corporation located in the city, county and state of New York, which was formed by an order of consolidation of the Board of Regents on September 20, 1946 consolidating the New York Protestant Episcopal Public School and the Pawling School; which charter was amended and restated in its entirely by Regents action on February 26, 1976 be, and the same hereby is, amended to restate paragraph 6 to read:

“6. The number of trustees is thirty-two (32). The board of trustees shall have the power to fix the number of trustees, provided such number shall be not more than thirty-five (35) nor less than fifteen (15), subject to the limitation that no decrease shall shorten the term of any incumbent trustee.”

HEBREW ACADEMY SCHOOL OF ACADEMIC EXCELLENCE

Voted, that

1. A provisional charter valid for a term of three years is granted incorporating Michael Foox, Zahava Foox, Luis Morgan, Rivka Bernstein, Helene Bergman and their associates and successors as an education corporation under the corporate name of Hebrew Academy School of Academic Excellence, located in Spring Valley, county of Rockland, state of New York.

2. The purposes for which such corporation is formed are:

a. To operate a kindergarten for five-year-olds who are eligible to attend kindergarten in the public school district in which they reside;

b. To operate a grades one through eight elementary school; and

c. To operate a grades nine through twelve secondary school.

4. The names and post office addresses of the first trustees are as follows:

Michael Foox

6 Birch Lane

Chappaqua, New York 10514

Zahava Foox

6 Birch Lane

Chappaqua, New York 10514

Luis Morgan

40 North Goodwin Avenue

Elmsford, New York 10523

Rivka Bernstein

386 Midwood Road

Woodmere, New York 11598

Helene Bergman

2929 Long Beach Road #2C

Oceanside, New York 11572

9. The corporation is to be maintained at 246 North Main Street, Street, Spring Valley, New York 10977.

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.

KNEE HI TO KNOWLEDGE

Voted, that

1. A provisional charter valid for a term of three years is granted incorporating Herb Phillips, Sharon Barbano, Laura Mitchell, Sue Flint, Deborah Potter and their associates and successors as an education corporation under the corporate name of Knee Hi to Knowledge, located in Wampsville, county of Madison, state of New York.

2. The purposes for which such corporation is formed are:

a. To operate a nursery school for children from three to four years of age, which classes shall be conducted in two sessions, one in the morning and one in the afternoon, each for a period of two to three hours; and

b. To operate a playgroup for children two years of age, which playgroup session shall be conducted two days per week for a period of one and one-half hours each.

4. The names and post office addresses of the first trustees are as follows:

Herb Phillips

209 Almond Street

Oneida, New York 13421

Sharon Barbano

329 Cleveland Avenue

Oneida, New York 13421

Laura Mitchell

314 Earl Avenue

Oneida, New York 13421

Sue Flint

252 Summit Avenue

Oneida, New York 13421

Deborah Potter

360 Earl Avenue

Oneida, New York 13421

9. The corporation is to be maintained at 227 Genesee Street, Wampsville, New York 13421.

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.

MANHATTAN CHRISTIAN ACADEMY

Voted, that

1. A provisional charter valid for a term of three years is granted incorporating Dr. Richard J. Bonifas, Carlton M. Higbie III, Rev. Robert G. Hall, Rev. David D. Martin, Rev. Bienvenido R. Paz and their associates and successors as an education corporation under the corporate name of Manhattan Christian Academy, located in the city, county, and state of New York.

2. The purposes for which such corporation is formed is to operate a grade one through eight elementary school and a grade nine through twelve secondary school.

4. The names and post office addresses of the first trustees are as follows:

Dr. Richard J. Bonifas

3239 Tibbett Avenue

Bronx, New York 10463

Carlton M. Higbie, III

105 Rockwood Lane

Greenwich, Connecticut 06830

Rev. Robert G. Hall

2232 Andrews Avenue

Bronx, New York 10453

Rev. David D. Martin

1716 Undercliff Avenue

Bronx, New York 10453

Rev. Bienvenido R. Paz

25 Van Corlear Place

Bronx, New York 10463

9. The corporation is to be maintained at 401W. 205^th Street, New York, New York 10034.

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 MOSAIC SCHOOL

Voted, that

1. A provisional charter valid for a term of three years is granted incorporating Michael F. Darcy, Lawrence F. Greenstein, Robin M. Havens, Lauretta E. Murdock, Robert M. Weintraub, M.D. and their associates and successors as an education corporation under the corporate name of The Mosaic School, located in Port Washington, county of Nassau, state of New York.

2. The purposes for which such corporation is formed is to operate a center-based school for children with disabilities from five to twenty-one years of age.

4. The names and post office addresses of the first trustees are as
follows:

Michael F. Darcy

6 Dolphin Way

Riverhead, New York 11901

Lawrence F. Greenstein

64 Beacon Hill Road

Port Washington, New York 11050

Robin M. Havens

5 Sunset Lane

Port Washington, New York 11050

Lauretta E. Murdock

76 Reid Avenue

Port Washington, New York 11050

Robert M. Weintraub, M.D.

1 Portico Court

Apt. 300

Great Neck, New York 11021

9. The corporation is to be maintained at 232 Main Street, Port Washington, New York 11050.

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.

MY FIRST SCHOOL

Voted, that

1. A provisional charter valid for a term of three years is granted incorporating Bridgette Alfonso, Catherine Sokol, Deborah Sawicki, Cynthia Ulrich, Elena Killeen and their associates and successors as an education corporation under the corporate name of My First School, located in Floral Park, county of Nassau, state of New York.

2. The purposes for which such corporation is formed are:

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

b. To operate a before and after school enrichment program for five-year-olds who attend half-time kindergarten in other schools. No individual children under the age of six will be in attendance for more than three hours.

4. The names and post office addresses of the first trustees are as
follows:

Bridgette Alfonso

51 Calla Avenue

Floral Park, New York 11001

Catherine Sokol

608 8^th Avenue

New Hyde Park, New York 11040

Deborah Sawicki

62 Beverly Avenue

Floral Park, New York 11001

Cynthia Ulrich

41 Mayfair Avenue

Floral Park, New York 11001

Elena Killeen

81 Beech Street

Floral Park, New York 11001

9. The institution is to be maintained at The Floral Park Methodist Church, 35 Verbena Avenue, Floral Park, New York 11001.

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.

JOHN A. COLEMAN CATHOLIC HIGH SCHOOL. An application having been made by and on behalf of the trustees of John A. Coleman High School, for its provisional charter to be extended, it was

Voted, that the provisional charter of John A. Coleman Catholic High School, located in Hurley, county of Ulster, state of New York, which was granted by action of the Board of Regents on June 12, 2001 be, and the same hereby is, extended until June 22, 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 June 22, 2007 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

OUR REDEEMER LUTHERAN SCHOOL OF AQUEBOGUE. An application having been made by and on behalf of the trustees of Our Redeemer Lutheran School of Aquebogue, for its provisional charter to be amended and, as so amended, extended, it was

Voted, that the provisional charter of Our Redeemer Lutheran School of Aquebogue, located in Aquebogue, county of Suffolk, state of New York, which was granted by action of the Board of Regents on November 4, 1994; which provisional charter was amended by Regents action on November 11, 2000 and, as so amended, extended be, and the same hereby is, amended to authorize the corporation to also operate grades seven and eight and, as so amended, extended until June 22, 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 June 22, 2007 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

TRUMANSBURG COMMUNITY NURSERY SCHOOL. An application having been made by and on behalf of the trustees of Trumansburg Community Nursery School, for its provisional charter to be extended, it was

Voted, that the provisional charter of Trumansburg Community Nursery School, located in Trumansburg, county of Tompkins, state of New York, which was granted by action of the Board of Regents on February 6, 2001 be, and the same hereby is, extended until June 22, 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 June 22, 2007 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

SUMMER ON THE HILL

Voted, that

1. A certificate of incorporation is granted incorporating Bruce S. Brickman, Julia Baez-Veliz Gary Miller, Anne F. Gilheany, John P. McIvor, Ann K. Arnold, Jean LoCascio, Brother Brian Carty, F.S.C., Geoff Parkinson, Lewis Jones, Howard G. Sloane, Wendy Steinthal, Rita Retzlaff and their associates and successors as an education corporation under the corporate name of Summer on the Hill, located in Bronx, county of Bronx, state of New York.

2. The purpose for which such corporation is formed to provide a summer and academic year enrichment program for selected gifted students enrolled in New York schools between second and twelfth grades.

4. The names and post office addresses of the first trustees are as follows:

                                   Bruce S. Brickman
                                   Bruce S. Brickman & Associates, Inc.
                                   712 Fifth Avenue
                                   New York, New York 10019

                                    Julia Baez-Veliz
                                    Director of Recruitment and Placement
                                    Summer on the Hill
                                    Horace Mann School
                                    4440 Tibbett Avenue
                                    Riverdale, New York 10471

                                    Gary Miller
                                    Director of Admissions Emeritus
                                    Horace Mann School
                                    51 Forest Avenue, #107
                                    Old Greenwich, Connecticut 06870

Anne F. Gilheany
                                    Assistant Director of Recruitment &
                                    Placement, Director of Alumni
                                    Summer on the Hill
                                    4440 Tibbett Avenue
                                    Riverdale, New York 10471

John P. McIvor
                                    Executive Director, Summer on the Hill
                                    Horace Mann School
                                    4440 Tibbett Avenue
                                    Riverdale, New York 10471

Ann K. Arnold
                                    President
                                    Oaklawn Foundation
                                    1 Old Church Road, #8
                                    Greenwich, Connecticut 06830

Jean LoCascio
                                    Principal Emeritus, Public School 182
                                    51 Iroquois Road
                                    Yonkers, New York 10710

Brother Brian Carty, F.S.C.
                                    Principal
                                    De La Salle Academy
                                    202 West 97^th Street
                                    New York, New York 10025

Geoff Parkinson
                                    President
                                    Preston and Hilda Davis Foundation
                                    Richard D. Donchian Foundation
                                    Laura J. Niles Foundation
                                    C/o Foundations Services LLC
                                    35 Mason Street, 2^nd Floor
                                    Greenwich, Connecticut 06830

Lewis Jones
                                    President
                                    J P Morgan Chase Community Development
                                    1 Chase Manhattan Plaza, 6^th Floor
                                    New York, New York 10081

Howard G. Sloane
                                    Chairman of the Board
                                    The Heckscher Foundation for Children
                                    17 East 47^th Street
                                    New York, New York 10017

Wendy Steinthal
                                    Admissions Director, Lower Division
                                    Horace Mann School
                                    4440 Tibbett Avenue
                                    Riverdale, New York 10471

Rita Tetzlaff
                                    Coordinator of Curriculum
                                    Summer on the Hill
                                    Horace Mann School
                                    4440 Tibbett Avenue
                                    Riverdale, New York 10471

9. The corporation will provide its programs in space made available to it for such purposes for specified periods of time by Horace Mann School, 231 West 246^th Street, Bronx, New York 10471.

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.

TOURO COLLEGE. An application having been made by and on behalf of the trustees of Touro College, for an amendment of its charter, it was

Voted, that the provisional charter of Touro College, located in the city, county, and state of New York, which was granted by action of the Board of Regents June 26, 1970; which provisional charter was amended by Regents action on April 11, 1973, June 28, 1974, and extended on June 27, 1975; and which corporation was consolidated on June 21, 1979 with Jewish Teachers Seminary and People’s University, a domestic corporation incorporated pursuant to Chapter 593 of Laws 1935 and with Herzliah Hebrew Teachers Institute, Inc. which was incorporated by action of the Board of Regents under the corporate name “Herzliah Hebrew Academy, Inc.” on February 15, 1923 and amended by Regents action on February 15, 1946 to change the corporate name to “Herzliah Hebrew Teachers Institute, Inc.” and, as amended, made absolute; which provisional charter of such consolidated corporation was extended by Regents action on November 19, 1982, amended by Regents action on September 21, 1984, extended by Regents action on January 20, 1988 and made absolute by Regents action on January 17, 1990; which absolute charter was amended by Regents action on September 19, 1997 and April 29, 2003 be, and the same hereby is, amended to add authority for the corporation to establish a branch campus at Bay Shore, Suffolk County, with authority to confer at this 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.).

JUNGIAN PSYCHOANALYTIC ASSOCIATION

Voted, that

1. A provisional charter valid for a term of five years is granted incorporating Michael Vannoy Adams, Alan M. Jones, Barbara Black Koltuv, Mark F. Kuras, Jeffrey Rubin Morey, Laurel Morris, Priscilla Young Rodgers, Sherry Salman, Sylvester Wojtkowski, Beverly Zabriskie, Philip T. Zabriskie and their associates and successors as an education corporation under the corporate name of Jungian Psychoanalytic Association, located in Clinton Corners, county of Dutchess, state of New York.

2. The purposes for which such corporation is formed are:

a. To promote and cultivate the continuing education and professional competence of its membership of Jungian analysts;

b. To promote the continuing development and presentation of analytic training to the larger professional and lay community through research, conferences and publication;

c. To promote, sponsor and carry out a professional education program for the theoretical an clinical education of future Jungian analysts through a course of studies, individual and group supervisions, and participation in on going professional seminars; and

d. To undertake the regular and continuous oversight of professional and training aims through peer review and outcome studies with the participation of public representatives.

4. The names and post office addresses of the first trustees are as follows:

Michael Vannoy Adams, D.Phil., C.S.W.

1 Washington Square Village, 5A

New York, New York 10012

Alan M. Jones, Ph.D. C.S.W. NCPsyA

3 East 10^th Street

Suite BR 2

New York, New York 10012

Barbara Black Koltuv, Ph.D.

2 Fifth Avenue

New York, New York 10011

Mark F. Kuras Ph.D.

20 West 86^th Street - #1D

New York, New York 10024

Jeffrey Rubin Morey Ph.D.

24 East 12^th Street

Suite 503

New York, New York 10003

Laurel Morris, M.A., NCPsyA

1225 Park Avenue

Suite 12E

New York, New York 10128

Priscilla Young Rodgers, M.P.S., NCPsyA

243 West End Avenue - #508

New York, New York 10023

Sherry Salman, Ph.D.

1173 Willowbrook Road

Clinton Corners, New York 12514

Sylvester Wojtkowski, Ph.D.

420 East 51^st Street

Suite C

New York, New York 10022

Beverly Zabriskie, C.S.W. NCPsyA

154 ˝ East 74^th Street

New York, New York 10021

Philip T. Zabriskie, M.DIV., D.D.

154 ˝ East 74^th Street

New York, New York 10021

9. The institutions to be maintained by the proposed corporation shall be located at Jungian Psychoanalytic Association (JPA), 1171 Willowbrook Road, Clinton Corners, New York 12514 and Jungian Psychoanalytic Association 140 Riverside Drive, New York, 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.

APPENDIX II

REGENTS ACTIONS IN 40 PROFESSIONAL DISCIPLINE CASES

AND 3 RESTORATION PETITIONS

June 21-22, 2004

The Board of Regents announced disciplinary actions resulting in the revocation of 3 licenses, surrender of 6 licenses, and 31 other disciplinary actions. In addition, the Board acted upon 3 restoration petitions.

I. REVOCATIONS AND SURRENDERS

Dentistry

Robert Siegel; 1751 Featherstone Road, Woodbridge, VA 22191; Lic. No. 024657; Cal. No. 21579; Application to surrender license granted. Summary: Licensee admitted to the charge of having been found guilty by the Virginia Board of Dentistry of professional misconduct.

Zachary Leiner; 8100 Boon Boulevard, Vienna, VA 22182; Lic. No. 029634; Cal. No. 21591; Application to surrender license granted. Summary: Licensee admitted to the charge of having been found guilty by the Virginia Board of Dentistry of professional misconduct.

Massage Therapy

Henry O. Houck; 3854 Dawes Avenue, Clinton, NY 13323; Lic. No. 005140; Cal. No. 21567; Application to surrender license granted. Summary: Licensee admitted to the charge of moral unfitness in the practice of massage therapy.

Nursing

Trena D. Powell a/k/a Trena Hankerson; Registered Professional Nurse; 25 Clifton Avenue, Newark, NJ 07104; 30 67^th Street, West New York, NJ 07093; Lic. No. 242458; Cal. No. 19475; Found guilty of professional misconduct; Penalty: Revocation.

Joann M. Taylor; Licensed Practical Nurse; 464 Pennsylvania Avenue, Brooklyn, NY 11207; 52 Schenectady Avenue, West Babylon, NY 11704; 24 Mahopac Road, West Hempstead, NY 11552-4334; Lic. No. 230092; Cal. No. 21210; Found guilty of professional misconduct; Penalty: Revocation.

Florence Luetters a/k/a Florence Catherine Luetters a/k/a Florence Catherine Caliguiri; Registered Professional Nurse; 59 Scooter Lane, Hicksville, NY 11801-6418; Lic. No. 226341; Cal. No. 21213; Found guilty of professional misconduct; Penalty: Revocation.

Mary Lou Collett a/k/a Mary Lou Bromley; Licensed Practical Nurse; 502 Gates Street, Ogdensburg, NY 13669; Lic. No. 077133; Cal. No. 21449; Application to surrender license granted. Summary: Licensee admitted to the charge of willfully failing to register.

Psychology

Joseph Yankura; 164 Pine Street, Freeport, NY 11520; Lic. No. 009275; Cal. No. 21570; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted of Rape in the 3^rd Degree, a class E felony and Endangering the Welfare of a Child, a class A misdemeanor.

Public Accountancy

Jeb Louis Bertolasi; Certified Public Accountant; 69 Sugar Maple Road, Levittown, NY 11756; Lic. No. 082934; Cal. No. 21560; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted of Grand Larceny in the 4^th Degree, a class E felony.

II. OTHER REGENTS DISCIPLINARY ACTIONS

Dentistry

Danette Holmes; Bogue Hill, Montego Bay – PO 1, Jamaica, West Indies; Lic. No. 043916; Cal. No. 20766; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of last 21 months of suspension stayed, probation 2 years.

Robert Fiorillo; 42 Daniel Webster Highway, Center Harbor, NH 03226; Lic. No. 032374; Cal. No. 21460; Application for consent order granted; Penalty agreed upon: 24 month suspension, execution of last 18 months of suspension stayed, probation 2 years.

Engineering and Land Surveying

S. Bernard Dickson; Professional Engineer; 11 Larkin Lane, Harwich, MA 02645; Lic. No. 061583; Cal. No. 21502; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $500 fine.

Nursing

Antoine Lambert; Licensed Practical Nurse; 47 Adamson Street, Selden, NY 11784; Lic. No. 258113; Cal. No. 19807; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of last 21 months of suspension stayed, probation 2 years.

George Evans Balenton; Licensed Practical Nurse; 915 James Street, Syracuse, NY 13202; Lic. No. 265890; Cal. No. 20532; Application for consent order granted; Penalty agreed upon: Suspension in certain area until terminated as set forth in consent order application, probation 2 years, $250 fine.

Duane C. McGraw; Licensed Practical Nurse; P.O. Box 491, Round Lake, NY 12151; Lic. No. 232735; Cal. No. 21039; Application for consent order granted; Penalty agreed upon: 1 year suspension, probation 2 years to commence upon return to practice.

Rosaline Earline Husbands; Licensed Practical Nurse, Registered Professional Nurse; 19 Frandsen Avenue, South River, NJ 08882; Lic. Nos. 194213, 417660; Cal. Nos. 21087, 21088; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year to commence if and when return to practice, $750 fine.

Patty Ann Wallis; Licensed Practical Nurse; 6548 Sholtz Road, Verona, NY 13478; Lic. No. 248413; Cal. No. 21092; Found guilty of professional misconduct; Penalty: Censure and Reprimand, probation 1 year.

Gail M. Jubak; Licensed Practical Nurse; 22 New Street, Catskill, NY 12414; Lic. No. 268101; Cal. No. 21223; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $250 fine.

Sally Richardson a/k/a Sally Jo Trombley; Licensed Practical Nurse, Registered Professional Nurse; 574 VanBuren Road, Gouverneur, NY 13642; Lic. Nos. 139112, 366767; Cal. Nos. 21225, 21226; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of last 8 months of suspension stayed, partial suspension in certain area until terminated as set forth in consent order application, probation 2 years to commence upon return to practice, $500 fine.

Luis Miguel Batson a/k/a Luis M. Batson; Licensed Practical Nurse; 36 North Street, Middletown, NY 10940; Lic. No. 265698; Cal. No. 21240; Found guilty of professional misconduct; Penalty: Suspension for at least 12 months and until terminated as set forth in Regents Review Committee report – upon termination of suspension, probation 2 years.

Evelyn Raquel Suarez; Licensed Practical Nurse; 1780 St. Paul Street, Rochester, NY 14621; Lic. No. 271071; Cal. No. 21286; Application for consent order granted; Penalty agreed upon: 12 month suspension, execution of last 11 months of suspension stayed, probation 1 year.

Israel G. Simonetti; Licensed Practical Nurse; 2736 Independence Avenue, Bronx, NY 10463; Lic. No. 093906; Cal. No. 21301; Application for consent order granted; Penalty agreed upon: Suspension for not less than 1 month and until terminated as set forth in consent order application, probation 2 years.

Iris Rivera; Licensed Practical Nurse; 49 Park Place, New Rochelle, NY 10801; Lic. No. 159893; Cal. No. 21304; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of last 23 months of suspension stayed, probation 2 years.

Addie M. Hairston a/k/a Addie M. Hardy; Licensed Practical Nurse; 257 Wendell Avenue, Nedrow, NY 13120; Lic. No. 093777; Cal. No. 21322; Application for consent order granted; Penalty agreed upon: Suspension in certain area until terminated as set forth in consent order application, probation 2 years, $250 fine.

Jennifer Jayne Jordan; Registered Professional Nurse; 265 Elizabeth Town Road, Ilion, NY 13357; Lic. No. 507848; Cal. No. 21323; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $1,000 fine.

Cynthia L. Burgess; Registered Professional Nurse; 2 Canal Street, Fort Plain, NY 13339; Lic. No. 455324; Cal. No. 21345; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $500 fine.

Cynthia M. Morrison; Licensed Practical Nurse, Registered Professional Nurse; 127 Prospect Street, Ithaca, NY 14850; Lic. Nos. 112501, 310034; Cal. Nos. 21364, 21365; Application for consent order granted; Penalty agreed upon: Suspension for no less than 3 years and until terminated as set forth in consent order application – upon termination of suspension, probation 2 years to commence upon return to practice.

Beth S. Becker; Licensed Practical Nurse, Registered Professional Nurse; 4 Dondelion Drive, Gansevoort, NY 12831; Lic. Nos. 129503, 443904; Cal. Nos. 21371, 21372; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $500 fine.

Arleen Marie Ford; Licensed Practical Nurse; 441 Gurnspring Road, Gansevoort, NY 12831; Lic. No. 264727; Cal. No. 21413; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $250 fine.

Pharmacy

Gregory C. Chase; 21415 Basil Court, Ashburn, VA 20148; Lic. No. 036012; Cal. No. 21496; Application for consent order granted; Penalty agreed upon: 24 month suspension, execution of last 21 months of suspension stayed, probation 2 years.

Public Accountancy

Fred Michael Roth; Certified Public Accountant; 110 Sagamore Drive, Syosset, NY 11791; Lic. No. 046455; Cal. No. 21305; Application for consent order granted; Penalty agreed upon: 1 year suspension, probation 1 year.

Jeffrey M. Bacsik; Certified Public Accountant; 565 Chestnut Street, Wyckoff, NJ 07481; Lic. No. 035591; Cal. No. 21381; Application for consent order granted; Penalty agreed upon: Suspension in certain area until terminated as set forth in consent order application – following termination of suspension, probation 2 years, $5,000 fine.

Social Work

Vincent Joseph Palumbo, Jr.; 145 Jamaica Avenue, Medford, NY 11763; Lic. No. 033570; Cal. No. 21382; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $500 fine.

III. RESTORATIONS

The Board of Regents voted on June 22, 2004 to stay the order of surrender of the physician license of Samuel Rosati, P.O. Box 888, Lockport, NY 14095, for 3 years, place him on probation for 3 years under specified terms and conditions, and upon successful completion of the probationary period, fully restore his license. Dr. Rosati’s license was originally surrendered effective July 8, 1999.

The Board of Regents voted on June 22, 2004 to deny the petition for restoration of the podiatrist license of Anthony Joseph Consalvo, Jr., 228 Fulton Street, New Milford, NJ 07646. Dr. Consalvo’s license was originally revoked effective June 16, 1998.

The Board of Regents voted on June 22, 2004 to stay the order of revocation of the podiatrist license of Joseph R. Gassler, 755 Silver Lake Place, Baldwin, NY 11510, for 2 years, place him on probation for 2 years under specified terms and conditions, and upon successful completion of the probationary period, fully restore his license. The stay of the revocation shall take effect upon documentation of Dr. Gassler’s satisfactory completion of an approved one-year residency program in podiatry. Dr. Gassler’s license was originally revoked effective November 20, 1991.

Summary of the May 2004 Meeting

BR (A) 2 MOVED, that the Summary of the May 2004 Meeting of the Board of Regents of The University of the State of New York be approved.

June 2004 Regulatory Agenda/Review of Existing Rules

State Education Department May 2004 Fiscal Report

NASBE Election

Resolution in Honor of Thomas E. Sheldon

2003 Yavner Award for Teaching About the Holocaust

Statewide Student Data System

Charter Applications

PROFESSIONAL DISCIPLINE CASES

CONSENT AGENDA ITEMS

MATTERS NOT REQUIRING BOARD ACTION

ACTION ITEMS

ITEMS NOT REQUIRING ACTION

ACTION ITEMS

MATTERS NOT REQUIRING BOARD ACTION

CUBA CHEESE MUSEUM

MARATHON AREA HISTORICAL SOCIETY

HEBREW ACADEMY SCHOOL OF ACADEMIC EXCELLENCE

KNEE HI TO KNOWLEDGE

MANHATTAN CHRISTIAN ACADEMY

THE MOSAIC SCHOOL

MY FIRST SCHOOL

JUNGIAN PSYCHOANALYTIC ASSOCIATION

I. REVOCATIONS AND SURRENDERS

Dentistry

Engineering and Land Surveying

Nursing

Pharmacy

Public Accountancy

Social Work

III. RESTORATIONS

BR (A) 2

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