THE BOARD OF REGENTS

The Board of Regents of The University of the State of New York held an executive session on Friday, September 10, 2004 at 8:30 a.m. and held two public sessions on Thursday, September 9 at 10:00 a.m. and Friday, September 10, at 9:15 a.m. pursuant to a call duly sent to each Regent.

MEETING OF THE FULL BOARD, Thursday, September 9

Board Members in Attendance:

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
Joseph E. Bowman, Jr.
James R. Tallon, Jr.
Milton L. Cofield

Also present were the President of The University and Commissioner of Education, Richard P. Mills, the Counsel and Deputy Commissioner for Legal Affairs, Kathy A. Ahearn, and the Secretary, Board of Regents, David Johnson. Chancellor Robert M. Bennett and Regents Harry Phillips, 3^rd, Lorraine Cortés-Vázquez and John Brademas were absent and excused.

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

ACTION ITEMS

MOVED, that the Board of Regents convene in executive session on Friday, September 10, 2004 at 8:30 a.m. for the purpose of discussing litigation strategy.

          Motion by:           Regent Diane McGivern
          Seconded by:      Regent Milton L. Cofield
          Action:                 Motion carried unanimously

Commissioner’s Report to the Board of Regents

The Commissioner’s written monthly report focused on thirteen subject areas: the year of continuous budget advocacy; 2005-06 budget development process; Regents State Aid Proposal; Federal Agenda; another look at the gap; report on improvements in assessment; middle level models; teaching policy; supplementary certificate for teaching; Regents Statewide Plan for Higher Education; charter school critical issues; advocacy for New Century Libraries; and, a scorecard on Legislative advocacy.

In discussion, it was agreed that the Quality Committee will conduct a review of all responsibilities formerly held by the Administration, Law and Legislation Committee and, experiencing significant reductions in the area of Cultural Education, received a plea from the Committee Chair for support in strengthening that area.

Charter School Critical Issues

BR (D) 1

A number of issues repeatedly are brought up during the Regents EMSC-VESID Committee’s deliberations on charter school actions. During this meeting the Board discussed the first of six identified critical issues, Fiscal Impact.

The issue of Fiscal Impact focuses on five questions: what should the maximum level for the fiscal impact of an individual charter school be on a school district; what should the maximum level for the cumulative fiscal impact be for all charter schools in the district; how should the impact be determined; would there be any conditions under which an application should be approved even if its approval meant that the maximum level of fiscal impact would be exceeded; and, should there be a different threshold for fiscal impact depending upon whether the district supports or opposes the creation of charter schools?

MEETING OF THE FULL BOARD, Friday, September 10, 9:15 a.m.

Board Members in Attendance:

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
Joseph E. Bowman, Jr.
James R. Tallon, Jr.

Vice Chancellor Sanford called the meeting to order at 9:15 a.m.

ACTION ITEMS

Summary of the July 2004 Meeting

BR (A) 2

MOVED, that the Summary of the July 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 Joseph E. Bowman, Jr.
          Action:                  Motion carried unanimously

State Level Review of Impartial Hearing Officer Determinations for

Students with Disabilities

BR (A) 3

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.

MOVED, that section 279.12 of the Regulations of the Commissioner of Education be amended as submitted, effective September 14, 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 ensure that the rule remains continuously in effect until the effective date of its adoption as a permanent rule, and thereby ensure compliance with Federal requirements for receipt of funds under the IDEA.

MOVED, that section 279.12 of the Regulations of the Commissioner of Education be amended as submitted, effective September 30, 2004.

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

State Education Department July and August 2004 Fiscal Reports

BR (A) 4

MOVED, that the Board of Regents accept the July and August 2004 State Education Department Fiscal Reports as presented.

          Motion by:           Regent James R. Tallon, Jr.
          Seconded by:       Regent Joseph E. Bowman, Jr.
          Action:                 Motion carried unanimously

2005-2006 Budget Development Process

BR (A) 5

MOVED, that the Board of Regents approve the State Education Department’s 2005-2006 Budget Proposal.

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

DISCUSSION ITEMS

Review of the Outline for the Regents Federal Agenda, Federal Legislation and Education in New York State, 2005

BR (D) 2

The 2005 Federal Agenda is being developed to provide legislative recommendations for the 1^st session of the 109^th Congress.

The Board received an outline of the 2004 version with proposed changes. The Agenda will be streamlined this year in an effort to make it a more effective tool for use with Congressional staff members.

Final action on the document will be taken in December with public release in January 2005.

ITEM FOR INFORMATION

BR (I) 1

Education and a Changing Economy

Anthony P. Carnevale, Senior Fellow, National Center on Education and the Economy (NCEE) and Linda S. Sanford, Senior Vice President, Enterprise on Demand Transformation and Information Technology at IBM, delivered presentations on changes in the economy and the business environment that are shaping the demand for a highly skilled workforce in New York State.

MISCELLANEOUS

Resolution in Recognition of Distinguished Service for Toni Cortese

Commissioner Richard P. Mills presented a Resolution recognizing Toni Cortese for her outstanding contributions as a teacher, union leader, and educational policy leader and wishing her well as Executive Vice President of the American Federation of Teachers.

The Resolution is attached as Appendix III.

STANDING COMMITTEE REPORTS

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

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

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 September 9, 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; EMSC-VESID (A) 4]

Charter Schools

· Your Committee recommends that the proposed revisions to the charters of the following charter schools be approved: Bronx Charter School for the Arts, Amber Charter School, East New York Village Academy Charter School, and Family Academy Charter School of New York. [EMSC-VESID (A) 2]

The Committee asked that the question, Should there be a limit on how long an approved charter school may extend its operational date?, be added to the critical issues list.

· Your Committee approved a motion by a vote of 4 to 1 (Regent Tisch) to deny approval of the application for the Albany Preparatory Charter School, Albany. [EMSC-VESID (A) 5 Addendum]

· Your Committee recommends disapproval of the application for the International Charter School of Fulmont, Amsterdam. [EMSC-VESID (A) 5]

The Committee asked that the concerns of parents and the community about the improvement in performance of English language learners be conveyed to the administration of the Amsterdam City School District.

· Your Committee recommends approval of the proposed charter for the Harlem Link Charter School, New York City CSD 5. [EMSC-VESID (A) 5]

· Your Committee recommends that the proposed charter for the Achievement Academy Charter School, Albany, be returned to the Trustees of the State University of New York for reconsideration. [EMSC-VESID (A) 5]

Regulations

· Your Committee recommends that section 156.3 of the Regulations of the Commissioner be amended as submitted, effective September 14, 2004, as an emergency action to ensure that the rule remains continuously in effect until the effective date of its adoption as a permanent rule. [EMSC-VESID (A) 1]

· Your Committee recommends that section 156.3 of the Regulations of the Commissioner be amended as submitted, effective September 30, 2004. [EMSC (A) 1]

· Your Committee recommends that sections 8.2 and 8.3 of the Rules of the Board of Regents and paragraph (2) of subdivision (a) of section 100.7 of the Regulations of the Commissioner of Education be amended as submitted, effective September 30, 2004. [EMSC-VESID (CA) 1]

Registration of Schools

Your Committee recommends that the public schools listed in Attachment A be registered, beginning with the 2004-2005 school year. [EMSC-VESID (CA) 2]

MATTERS NOT REQUIRING BOARD ACTION

Proposed renewal of the charter of the New Covenant Charter School, Albany [EMSC-VESID (A) 3]

Proposed amendment to section 164.2 of the Commissioner's Regulations relating to adult literacy education aid [EMSC-VESID (D) 1]

Proposed amendment to section 100.8 of the Commissioner's Regulations relating to the local high school equivalency diploma [EMSC-VESID (D) 2]

Status report on operational changes affecting the New York State assessment system [EMSC-VESID (D) 3]

Report on assessment issues [EMSC-VESID (D) 4]

The EMSC Deputy Commissioner will work with the Co-Chairs to schedule the assessment issues on the Committee’s agendas beginning in November. Suggestions by Committee members included: review of the four high school Regents sciences to determine if they should be hierarchical and include the relationship between the New York State English as a Second Language Achievement Test (NYSESLAT) and the English language arts tests in the October report on the recommendations to improve the performance of English language learners. Committee members will receive offline: (1) a crosswalk of the assessment issues with NCLB requirements and identification of the issues that are based solely on Regents policy; (2) a description of the concerns regarding adequate yearly progress under NCLB relating to students with disabilities; and (3) a copy of the March report on the review of other states' approaches to using state assessments to meet graduation requirements.

Strategy to implement Regents Policy Statement on Middle-Level Education [EMSC-VESID (D) 5]

The Committee directed staff to solicit public comment on the three Models before it votes on the strategy in November. Staff were asked to revise the document as follows: elaborate on how implementation of the three Models will be evaluated to determine if they are successful and how compliance will be assured; define the description of schools in the table showing the continuum of options, including schools with “significant” numbers of students not meeting standards, and revise the options available to these schools; and address the limitation of applications for Model C.

Regents EMSC-VESID Committee Joined by Regents Subcommittee on State Aid

Strategy for improving student performance and the accountability and fiscal integrity of school districts [EMSC-VESID & SA (D) 1]

There was a consensus of Committee members to allow Counsel Kathy Ahearn to enhance the strategy for submission to the panel of CFE referees, including the staffing and budget implications.

REGENTS COMMITTEE ON HIGHER EDUCATION AND PROFESSIONAL PRACTICE

Your Higher Education and Professional Practice Committee held its scheduled meeting on September 9, 2004. All members of the Committee were present except Regent Harry Phillips, 3^rd, who was excused.

ACTION ITEMS

PROFESSIONAL DISCIPLINE CASES

Your Committee recommends that the reports of the Regents Review Committees, including rulings, findings of fact, determinations as to guilt, and recommendations, by unanimous or majority vote, contained in those reports which have been distributed to you, be accepted in 4 cases, modified in 1 case, and not accepted in 2 cases as hereinafter set forth. In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 82 consent order applications and 9 surrender applications be granted and that one of those consent order applications be corrected as hereinafter recommended.

In the case of Sol S. Stolzenberg, dentist, Calendar No. 19173, we recommend that the recommendation of the Regents Review Committee as to the penalty to be imposed be modified and that the recommendation of the Regents Review Committee be otherwise accepted; and that, in agreement with the recommendation of the hearing panel as to the penalty to be imposed, we recommend that, upon the third specification of the amended statement of charges of which respondent was found guilty, respondent be fined $2,000 and respondent be placed on probation for two years under the terms prescribed by the hearing panel.

In the case of Alexander Kordonsky, dentist, Calendar No. 19744, we recommend that the recommendation of the Regents Review Committee as to the penalty to be imposed not be accepted and that the recommendation of the Regents Review Committee be otherwise accepted; and that, in agreement with the recommendation of the hearing panel as to the penalty to be imposed, we recommend that respondent’s license to practice as a dentist in the State of New York be suspended for two years and respondent be fined $7,500 upon the specification charged of which respondent was found guilty, to the extent found by the hearing panel, that execution of the last 23 months of said suspension be stayed, and, concurrent with the two year period of suspension, respondent be placed on probation for two years under the terms prescribed by the hearing panel.

In the case of Diedre Sachs Wolberg, ophthalmic dispenser, Calendar No. 21033, we recommend that the findings of fact and determination as to guilt of the Regents Review Committee be accepted; that the recommendation of the Regents Review Committee as to the penalty to be imposed not be accepted, and that, based upon a more serious view of the respondent’s misconduct, respondent’s license to practice as an ophthalmic dispenser in the State of New York be suspended for three years and respondent be fined $1,000 upon the specification charged of which respondent was found guilty, that execution of the last one year of said suspension be stayed at which time respondent then be placed on probation for three years under the terms prescribed by the Regents Review Committee, and, deemed as term of probation numbered 4(a) of respondent’s terms of probation, that said $1,000 fine be paid by certified or bank cashier’s check, payable to the order of the New York State Education Department, to be delivered to the Director, Office of Professional Discipline, as set forth in respondent’s terms of probation, within the first year of the period of probation.

In the case of Mario Capuano, under Calendar No. 21651, we recommend the correction that the words “dental anesthesia certificate” be used in the caption of the Vote and Order in this matter instead of the words “dental anesthesiologist”.

These recommendations are made following the review of 98 cases involving 16 licensed practical nurses, 13 licensed practical nurses who are also registered professional nurses, 10 dentists, 10 registered professional nurses, 7 certified social workers, 6 pharmacists, 4 certified public accountants, 4 professional engineers, 3 ophthalmic dispensers, 2 architects, 2 chiropractors, 2 massage therapists, 2 optometrists, 1 holder of a dental anesthesia certificate, 1 physical therapist assistant, 1 psychologist, and 1 veterinary professional corporation.

RESTORATION PETITIONS

Voted, that the Board of Regents deny the petition for restoration of the pharmacist license of Steven Leonard Shapiro. [HE & PP EXS (A) 1]

Voted, that the Board of Regents deny the petition for restoration of the certified social worker license of Pamela Larnard. [HE & PP EXS (A) 2]

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

CONSENT AGENDA ITEMS

Your Committee recommends that the Regents approve the lists of designated physician shortage areas updated by the Department of Health, effective January 1, 2005 [HE & PP (CA) 1]

Your Committee recommends that the Regents approve that subdivisions (a) and (b) of section 3.47 of the Rules of the Board of Regents be repealed and new subdivisions (a) and (b) be added; and that subdivision (d) of section 100.10 of the Regulations of the Commissioner of Education be amended, as submitted, effective September 30, 2004. The amendment relates to the requirements for the conferral of a college degree and the home instruction of students of compulsory attendance age and college study. [HE & PP (CA) 2]

Your Committee recommends that the Regents approve the addition of sections 65.6 and 65.7 of the Regulations of the Commissioner, as submitted, effective September 30, 2004. The amendment implements 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. [HE & PP (CA) 3]

Your Committee recommends that the Regents approve the following appointments and reappointments to the State Boards for the Professions: [HE & PP (CA) 4]

State Board for Chiropractic - appoint Jo L. VanderKloot (Warwick) for a term commencing October 1, 2004 and expiring September 30, 2009

State Board for Dietetics and Nutrition - reappoint Alex W. Torrelli (Dix Hills) for a term commencing December 1, 2004 and expiring November 30, 2009

State Board for Massage Therapy - reappoint Michael Evan Sanft (Spring Valley) for a term commencing December 1, 2004 and expiring November 30, 2009

State Board for Medicine - reappoint David A. Anthone (Williamsville), Stephen M. Arpadi (New York), and James E.C. Norris (New York) each for a term commencing December 1, 2004 and expiring November 30, 2009

State Board for Psychology - appoint Gloria S. Rothenberg (Merrick) for a term commencing October 1, 2004 and expiring April 30, 2006

State Board for Public Accountancy - reappoint John C. Olsen (Troy) for a term commencing October 1, 2004 and expiring September 30, 2009

Your Committee recommends that the Regents approve the following reappointment as an extended member to the State Boards for the Professions for service on licensure restoration and moral character panels and the appointment and reappointments of members to the State Board for Professional Medical Conduct: [HE & PP (CA) 4]

State Board for Medicine - reappoint Francine Cournos (Bronx) for a term commencing November 1, 2004 and expiring October 31, 2009

State Board for Professional Medical Conduct - appoint Theodore A. Spevack (Yonkers) and reappoint Richard V. Lee (Orchard Park) and Ravinder Mamtani (Hopewell Junction) each for a term commencing October 1, 2004 and expiring September 30, 2007

Your Committee recommends that the Regents authorize Touro College, effective September 10, 2004, to establish a branch campus in Kew Gardens Hills, Queens County, at which it offers Bachelor of Arts (B.A.) programs in Judaic Studies, Psychology, Economics, and Political Science, and Bachelor of Science (B.S.) programs in Biology, Accounting, Finance, Management, Management: Marketing, Computer Science, Management Information Systems: Programming, and Management Information Systems: Data Communications. This amendment will be effective until September 30, 2005, unless the Department registers the programs prior to that date, in which case the master plan amendment shall be without term. [HE & PP (CA) 5]

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

Your Committee recommends that the Regents approve, effective September 10, 2004, the master plan of Katharine Gibbs School-NYC authorizing the School to offer an Associate in Applied Science (A.A.S.) degree program in criminal justice. This master plan amendment will be effective until September 30, 2005, unless the Department registers the program prior to that date, in which case the master plan amendment shall be without term. [HE & PP (CA) 7]

Your Committee recommends that the Regents authorize Sloan-Kettering Graduate School of Biomedical Science, Manhattan, by master plan amendment, to offer Master of Science (M.S.) and Doctor of Philosophy (Ph.D.) programs in Cancer Biology, effective September 10. 2004. This amendment will be effective only until September 30, 2005, unless the programs are registered by the Department prior to that date, in which case the master plan amendment shall be without term. [HE & PP (CA) 8]

Your Committee recommends that the Regents approve the appointments to the State Professional Standards and Practices Board for Teaching of Eric R. Gidseg (teacher member) and Anne Marie Tryjankowski (public member) for terms beginning September 1, 2004 and ending June 30, 2008; Chelsea Lynn Caraco (teacher education student member) for a term beginning September 1, 2004 and ending June 30, 2006; Stephanie F. Leeds (higher education member) for an unexpired term beginning September 1, 2004 and ending June 30, 2007; Kathleen M. Taylor (teacher member) for an unexpired term beginning September 1, 2004 and ending June 30, 2006; and Sally A. Thompson (school administrator member) for an unexpired term beginning September 1, 2004 and ending June 30, 2005. [HE & PP (CA) 9 (Revised)]

ITEM FOR ACTION

Your Committee recommends that the Regents accredit, effective September 10, 2004, The Graduate College of Union University, Schenectady, pursuant to Subpart 4-1 of the Rules of the Board of Regents for a period beginning immediately and ending on September 9, 2014. [HE & PP (A) 1]

MATTERS NOT REQUIRING BOARD ACTION

Your Committee discussed several topics of interest, including:

Proposed Amendment to the Regulations of the Commissioner of Education Relating to the Title of the Executive Director of the Office of Teaching Initiatives and the Extension in Gifted Education of a Teaching Certificate [HE & PP (D) 1]

The purpose of the proposed amendment is to update the title of the head of the State Education Department’s Office of Teaching Initiatives in various provisions of the Regulations of the Commissioner of Education and defer the implementation of the requirement for a gifted education extension of a teaching certificate.

Proposed Amendment to the Regulations of the Commissioner of Education Relating to the Residency Option Pathway for Dental Licensure [HE & PP (D) 2]

The residency option pathway permits the applicant for licensure in dentistry to complete a dental residency program in lieu of the licensure examination in clinical dentistry (Part III of the licensing examination). The purpose of the proposed regulation is to adjust the requirements for the residency option pathway for dental licensure by deleting a provision that requires the dental residency program to be completed within a time frame of two years prior to application for licensure since the regulation contains other requirements that adequately verify that the applicant has completed the residency program.

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 Teachers of Adult, Community, and Continuing Education [HE & PP (D) 3]

Staff discussed the purpose of the proposed regulation which is to establish a new teaching certificate, the supplementary certificate, to enable a teacher certified in one classroom teaching title, upon meeting prescribed requirements, to provide instruction in a different title in the classroom teaching service for which there is a demonstrated shortage of certified teachers; and to relocate existing requirements for teachers of adult, community, and continuing education to another section of Commissioner’s Regulations. Members of the committee had a number of questions and concerns and asked staff to bring back more data to them at their next meeting.

Proposed Promulgation to the Regulations of the Commissioner of Education Relating to the Requirements for Licensure in Psychoanalysis [HE & PP (D) 4]

The purpose of the proposed addition of section 52.35 and Part 79-12 of the Commissioner's Regulations is to implement the provisions of Article 163 of the Education Law, relating to requirements for licensure in the new licensed profession of psychoanalysis, by establishing education, experience, and examination requirements for licensure in the profession of psychoanalysis, requirements for limited permits to practice this profession, and standards for registered educational programs leading to licensure in this field. It is recommended that formal action on the proposed regulations be taken at the November 2004 meeting of the Board of Regents.

Proposed Promulgation to the Regulations of the Commissioner of Education Relating to the Requirements for Licensure in Mental Health Counseling [HE & PP (D) 5]

The purpose of the proposed addition of section 52.32 and Part 79-9 of the Commissioner's Regulations is to implement the provisions of Article 163 of the Education Law, relating to requirements for licensure in the new licensed profession of mental health counseling, by establishing education, experience, and examination requirements for licensure in the profession of mental health counseling, requirements for limited permits to practice this profession, and standards for registered college programs leading to licensure in this field. It is recommended that formal action on the proposed regulations be taken at the November 2004 meeting of the Board of Regents.

Proposed Promulgation to the Regulations of the Commissioner of Education Relating to the Requirements for Licensure in Creative Arts Therapy [HE & PP (D) 6]

The purpose of the proposed addition of section 52.34 and Part 79-11 of the Commissioner's Regulations is to implement the provisions of Article 163 of the Education Law, relating to requirements for licensure in the new licensed profession of creative arts therapy, by establishing education, experience, and examination requirements for licensure in the profession of creative arts therapy, requirements for limited permits to practice this profession, and standards for registered college programs leading to licensure in this field. It is recommended that formal action on the proposed regulations be taken at the November 2004 meeting of the Board of Regents.

Proposed Promulgation to the Regulations of the Commissioner of Education Relating to the Requirements for Licensure in Marriage and Family Therapy [HE & PP (D) 7]

The purpose of the proposed addition of section 52.33 and Part 79-10 of the Commissioner's Regulations is to implement the provisions of Article 163 of the Education Law, relating to requirements for licensure in the new licensed profession of marriage and family therapy, by establishing education, experience, and examination requirements for licensure in the profession of marriage and family therapy, requirements for limited permits to practice this profession, and standards for registered college programs leading to licensure in this field. It is recommended that formal action on the proposed regulations will be taken at the November 2004 meeting of the Board of Regents.

Implementing the Regents Teaching Policy: Consideration of Modifications to the Policy Based on Input from the Field [HE & PP (D) 8]

The Committee discussed the feedback that it and staff of the Department have received concerning the impact of certain regulations affecting teacher education programs – specifically, earning a master’s degree in three years instead of five, full-time faculty in sufficient numbers for majority of courses, and faculty workload limits. The Committee endorsed the concept of making regulatory changes in these areas and directed staff to draft regulations. The Committee was also provided with a report on the results of a recently conducted Department survey with the Presidents of all 113 New York State colleges and universities with teacher education programs.

Development of the Statewide Plan for Higher Education, 2004-2012 [HE & PP (D) 9]

The Committee held it’s first of several discussions on the Statewide Plan. Staff discussed the format and content of the draft Statewide Plan for Higher Education and the remaining elements of the schedule necessary to complete the Plan. Members of the Committee made suggestions for additional information they would like to see incorporated into the next draft for discussion in November.

REGENTS COMMITTEE ON CULTURAL EDUCATION

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

Your Committee on Cultural Education had its scheduled meeting on September 9, 2004 in Room 146, State Education Building. Vice-Chancellor Sanford, Regents Dawson, Bowman and Tallon were in attendance. Regent Cortés-Vázques was absent.

ACTION ITEMS

Your Committee reviewed the summary recommendations with respect to charter applications. Items listed under Cultural Education were recommended for approval. The New York Maritime Museum of Troy was deferred.

Appointments to Regents Advisory Council on Libraries were approved as part of the Consent Agenda.

ITEMS NOT REQUIRING ACTION

Janet Welch, State Librarian and Assistant Commissioner for Libraries, led discussion on how the State Library and its partner organizations will continue to develop plans to raise awareness of New Century Libraries and the need to make this Regents priority legislation a reality. Leadership meetings will be held by Commissioner Mills on September 16 at Clarkson University in Potsdam, November 10 in Bath and November 29 at the New York Public Library in New York City.

Your Committee reviewed and discussed the proposed budget for 2005/2006 in advance of the approval of the Full Board. New Century Libraries, Public Television and Museum renewal were specifically brought to the attention of committee members. State Archivist Chris Ward is carefully monitoring progress on elimination of the sunset. Regent Tallon will investigate further.

Mrs. Huxley updated your Committee on OCE-wide activities in her Deputy report. The State Museum’s News and Views current issue highlighted scientists’ research and their partnerships and collaboration with scientists across the country and beyond. Archives Press Clippings included activities involving Archives staff.

The Museum is working with the Port Authority of New York and New Jersey on a project at the World Trade Center site. The Museum and Archives are also helping “September’s Mission,” the recipient of a grant from the Lower Manhattan Development Corporation to create an “internet-based knowledge management portal of reflection, remembrance, interaction, education and scholarly research about the tragedy of September 11, 2001.”

Regent Dawson announced that Regent John Brademas has been appointed as a member of the Cultural Education Committee.

REGENTS COMMITTEE ON QUALITY

Your Committee on Quality held its scheduled meeting on September 9, 2004. Vice Chancellor Sanford and Regents Cohen and Bowman were present. Regent Tisch also attended.

Regent Saul B. Cohen, Chair of the Committee on Quality, presented on behalf of the Committee the following written report.

APPROVAL

No items were recommended for formal approval by the Regents.

MATTERS NOT REQUIRING BOARD ACTION

l Your Committee received an update on the USNY Technology Policy and Practices Council. The Council has selected three broad areas as the focus for their work:

Digital Capacity – assess and analyze current digital network capacity across New York State, and develop alternative models for building capacity, infrastructure, and access;

Digital Content – assess and analyze current digital educational content across New York State and across USNY, and recommend approaches to coordinate and distribute digital content to classrooms and homes in New York State; and

Digital Use – assess and analyze current uses of technologies in teaching and learning across New York State and across USNY, and recommend approaches to increase effective use of technologies and digital content in teaching and learning.

The Council’s plan is to bring in outside expertise to conduct the necessary research and assessments. The Council will review the information gathered, develop a set of recommendations, and present them to the Quality Committee. The Quality Committee may subsequently take the recommendations to the full Board.

l Your Committee received an update on planning for the USNY Convocation. Work is under way regarding development of the program agenda, the list of invitees, the registration process, meeting logistics, and the prospectus to be distributed in advance of the event.

Your Committee has recommended that other presenters, in addition to Kati Haycock, be added to the program. Staff should continue its work on facilities issues so that Convocation can accommodate the numbers of USNY leaders the Board would like to invite. Your Committee also supports the proposal to delay the date of the Convocation – most likely sometime during the first three months of 2005 – so that staff can use the additional time to secure the additional presenters as well as finalize the agenda and related program materials.

l Your Committee also started the discussion about its priorities for the coming year. The Commissioner shared his suggestions. The Chair postponed decision on this matter until he has had more time to orient himself to the role and responsibilities of the Quality Committee.

APPENDIX I

NEW YORK STATE BOARD OF REGENTS

CHARTER ACTIONS

September 10, 2004

CLIFTON SPRINGS LIBRARY. An application having been made by and on behalf of the trustees of the Clifton Springs Library, for an amendment of its charter, it was

Voted, that the provisional charter of the Clifton Springs Library, located in Clifton Springs, county of Ontario, state of New York, which serves the village of Clifton Springs, which was incorporated by filing a certificate of incorporation with the Secretary of State under the corporate name “Peirce Free Library Association of Clifton Springs” on August 7, 1895; which certificate was amended by Regents action on April 7, 1923 to change the corporate name to “Peirce Free Library” and on February 23, 1968 to change the corporate name to “Clifton Springs Library” be, and the same hereby is, amended to change the number of trustees from nine to not less than nine nor more than fifteen.

DEWITT HISTORICAL SOCIETY OF TOMPKINS COUNTY. An application having been made by and on behalf of the trustees of the DeWitt Historical Society of Tompkins County, for an amendment of its charter, it was

Voted, that the provisional charter of the DeWitt Historical Society of Tompkins County, located in Ithaca, county of Tompkins, state of New York, which was granted by action of the Board of Regents on November 21, 1947; which provisional charter was made absolute by Regents action on December 19, 1952 be, and the same hereby is, amended to change the corporate name to “The History Center in Tompkins County.”

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

Voted, that the absolute charter in the first instance of the Hornell Public Library, located in Hornell, county of Steuben, state of New York, which was granted by action of the Board of Regents on June 22, 1911 be, and the same hereby is, amended to designate the Commissioner of Education as the agent of the corporation for the purpose of service of process, and 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”

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

Voted, that the provisional charter of the Roscoe Free Library, located in Roscoe, county of Sullivan, state of New York, which was granted by action of the Board of Regents on September 3, 1920; which provisional charter was extended by Regents action on April 18, 1841, June 20, 1947, June 29, 1951, May 25, 1956, October 27, 1961, December 20, 1963, September 27, 1968 and was made absolute by Regents action on June 29, 1973; which absolute charter was amended on December 15, 1978 be, and the same hereby is, amended to change from an association library serving the unincorporated village of Roscoe to an association school district library to serve the residents of the Roscoe Central School District and to add the following language:

ANDES PUBLIC LIBRARY

Voted, that

1. A provisional charter valid for a term of five years is granted incorporating Elizabeth Stuart Calvert, Edward Duensing, Judith Garrison, Wilma H. Mazo, Michael Passafiume and their associates and successors as a town public library serving the residents of the town of Andes, county of Delaware, in accordance with a resolution passed by the Town Board, located in Andes, county of Delaware, state of New York, under the corporate name of Andes Public Library.

2. The purpose for which such corporation is formed is to operate a public library to serve the residents of the town of Andes in Delaware County.

3. The library shall be administered by a board of trustees, with a range of not less than five nor more than nine, the initial number being five, to be at first the persons who are named herein as incorporators, said trustees to serve in the order in which they are named herein, for terms that shall expire April 30^th as follows: Elizabeth Stuart Calvert, 2005, Wilma H. Mazo, 2006, Michael Passafiume, 2007, Edward Duensing, 2008, Judith Gerrison, 2009. As vacancies occur, trustees shall be appointed by the Andes Town Board to serve five-year terms, or the balance of the remaining term.

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

Elizabeth Stuart Calvert

165 Delaware Avenue

Andes, New York 13731

Edward Duensing

815 County Highway 1

Andes, New York 13731

Judith Garrison

P.O. Box 266

Andes, New York 13731

Wilma H. Mazo

P.O. Box 4

Andes, New York 13731

Michael Passafiume

31665 State Highway 28

Andes, New York 13731

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

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

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

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

9. The institution to be maintained by the corporation is to be located at 242 Main Street, Andes, New York 13731. The mailing address shall be P.O. Box 116, Andes, New York 13731.

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.

CORNERSTONE MASONIC HISTORICAL SOCIETY. An application having been made by and on behalf of the trustees of Cornerstone Masonic Historical Society, for its provisional charter to be extended, it was

Voted, that the provisional charter of Cornerstone Masonic Historical Society, located in Monroe, county of Orange, state of New York, which was granted by action of the Board of Regents on November 14, 1997 be, and the same hereby is, extended until September 10, 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 September 10, 2009 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

FINGER LAKES BOATING MUSEUM. An application having been made by and on behalf of the trustees of Finger Lakes Boating Museum, for its provisional charter to be extended, it was

Voted, that the provisional charter of Finger Lakes Boating Museum, located in Penn Yan, county of Yates, state of New York, which was granted by action of the Board of Regents on June 17, 1997 be, and the same hereby is, extended until September 10, 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 September 10, 2009 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

HERMON HERITAGE HALL. An application having been made by and on behalf of the trustees of Hermon Heritage Hall, for its provisional charter to be amended and, as so amended, extended, it was

Voted, that the provisional charter of the Hermon Heritage Hall, located in Hermon, county of St. Lawrence, state of New York, which was granted by action of the Board of Regents on January 22, 1992; which provisional charter was extended by Regents action on September 19, 1997 be, and the same hereby is, amended to replace paragraph c of the purposes to read “to gather, collect, own, hold, preserve, display and make available for study artifacts, books, manuscripts, papers, photographs, and other records and materials relating to the history of the town and village of Hermon” and as so amended, extended until September 10, 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 September 10, 2009 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

LEHIGH VALLEY RAILROAD HISTORICAL SOCIETY. An application having been made by and on behalf of the trustees of LeHigh Valley Railroad Historical Society, for its provisional charter to be, extended, it was

Voted, that the provisional charter of the LeHigh Valley Railroad Historical Society, located in Manchester, county of Ontario, state of New York, which was granted by action of the Board of Regents on April 24, 1996 be, and the same hereby is, extended until September 10, 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 September 10, 2009 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

BINEINU CHILD CENTER. An application having been made by and on behalf of the trustees of Bineinu Child Center, for its provisional charter to be made absolute, and it appearing to the satisfaction of the Regents that the conditions for an absolute charter have been met, it was

Voted, that the provisional charter of Bineinu Child Center, located in Brooklyn, county of Kings, and state of New York, which was granted by action of the Board of Regents on July 17, 1998; which provisional charter was extended by Regents action on November 9, 2001 be, and the same hereby is, made absolute.

MYRTLE P. JARMON EARLY CHILDHOOD EDUCATIONAL CENTER. An application having been made by and on behalf of the trustees of Myrtle P. Jarmon Early Childhood Educational Center, 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 Myrtle P. Jarmon Early Childhood Educational Center, located in Jamaica, county of Queens, and state of New York, which was granted by action of the Board of Regents on June 8, 1999 be, and the same hereby is, amended to specify that the nursery school operated by the corporation will serve children from 2.6 to 5 years of age and amended to delete authority for the corporation to operate a grade one through six elementary school and, as so amended, the same be, and hereby is, made absolute.

RED APPLE CHILD DEVELOPMENT CENTER, A CHINESE SCHOOL. An application having been made by and on behalf of the trustees of Red Apple Child Development Center, A Chinese School, 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 Red Apple Child Development Center, A Chinese School, located in the city, county, and state of New York, which was granted by action of the Board of Regents on December 19, 1997 be, and the same hereby is, amended to change the corporate name to “Red Apple Child Development Center”; to change the principal office of the corporation to 25 Market Street, New York, New York 10002; to add authority for the corporation to operate day care centers; and to specify that the corporation is operating at the following locations:

25 Market Street

New York, New York 10002

29 Eldridge Street

New York, New York 10002

133-32 41^st Road

Queens, New York 11355

42-31 Colden Street

Queens, New York 11355

83-04 Broadway

Queens, New York 11373

83-38 Cornish Avenue

Queens, New York 11373

63-47 Booth Street

Queens, New York 11374

5715 7^th Avenue

Brooklyn, New York 11220

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

THE GENEVA SCHOOL OF MANHATTAN. An application having been made by and on behalf of the trustees of The Geneva School of Manhattan, for an amendment of its charter, it was

Voted, that the provisional charter of The Geneva School of Manhattan, located in the city, county, and state of New York, which was granted by action of the Board of Regents on April 24, 1996; which provisional charter was amended and extended by Regents action on June 8, 1999 and further extended on September 13, 2002 be, and the same hereby is, amended to restate paragraph 2 to read in its entirety:

“2. The purpose for which such corporation is formed is to operate a nursery school for three and four-year olds, a kindergarten for five-year olds, a grade one through six elementary school and a grade seven through twelve secondary school and shall include structured after-school and summer school programs for children in kindergarten through eighth grade, for students enrolled in such corporation’s regular programs as well as students not so enrolled.”

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

Voted, that the provisional charter of The McCarton School, located in the city, county, and state of New York, which was granted by action of the Board of Regents on October 4, 2002 be, and the same hereby is, amended to revise paragraph 2 to read as follows:

“2. The purposes of this corporation are to operate a center-based school for the education of children with autistic spectrum disorder, which shall consist of a nursery school for preschool children from three to five years of age, a kindergarten for five year olds, and a grade one through eight elementary school and to establish and operate a day care within the state of New York, provided however, that before such facility shall be established and opened, the prior written approval of the New York State Office of Children and Family Services ( and the New York City Department of Health for day care centers within New York City) must be obtained.”

TREE OF LIFE NURSERY SCHOOL. An application having been made by and on behalf of the trustees of Tree of Life Nursery School, for an amendment of its charter, it was

Voted, that the provisional charter of Tree of Life Nursery School, located in Commack, county of Suffolk, and state of New York, which was granted by action of the Board of Regents on October 23, 1987; which provisional charter was made absolute by Regents action on June 16, 1989 be, and the same hereby is, amended to add authority for the corporation to also operate a kindergarten and a grade one through six elementary school and to change the corporate name to “Tree of Life Schools.”

THE INTERNATIONAL SCHOOL OF BROOKLYN

Voted, that

1. A provisional charter valid for a term of one year is granted incorporating Habiba Boumlik, Rebecca Skinner, Teresa Santamaria, Karen Stewart, Nathalie Bouillon and their associates and successors as an education corporation under the corporate name of The International School of Brooklyn, located in Brooklyn, county of Kings, state of New York.

2. The purposes for which such corporation is formed are to operate a not-for-profit school which will provide an international dual-language curriculum to serve the needs of the Brooklyn community and which shall consist of a nursery school for preschool children from three to five years of age, a kindergarten for five year olds, and an elementary school for grades one through two.

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:

Habiba Boumlik

435 77^th Street

Brooklyn, New York 11209

Rebecca Skinner

42 Tiffany Place #4B

Brooklyn, New York 11231

Teresa Santamaria

133 8^th Avenue #3E

Brooklyn, New York 11215

Karen Stewart

1250 Ocean Avenue

Brooklyn, New York 11230

Nathalie Bouillon

434 Waverly Avenue #1

Brooklyn, New York 11238

9. The corporation is to be maintained at 435 77^th Street, Brooklyn, New York 11209.

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 one year 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 one-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 one year, and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

THE RYKEN EDUCATIONAL CENTER

Voted, that

1. A provisional charter valid for a term of three years is granted incorporating Salvatore Ferrera, Joseph Marino, Carol Sharib, John Alesi, Carolyn Dopman and their associates and successors as an education corporation under the corporate name of The Ryken Educational Center, located in Brooklyn, county of Kings, state of New York.

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

a. To operate a grade 9 – 12 secondary school for students with disabilities who demonstrate the cognitive capacity to master a rigorous college preparatory program but whose academic performance is significantly hampered by a documented disability that interferes with the capacity to store, process or produce information. These disabilities include but are not limited to reading, writing, or mathematics disorders, receptive or expressive language impairments, attention deficit disorder, traumatic brain injury and cerebral palsy; and

b. To solicit grants to provide financial aid to accomplish the educational purposes of the institution.

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

Salvatore Ferrera

1548 64^th Street

Brooklyn, New York 11219

Joseph Marino

144 Beach 122^nd Street

Bell Harbor, New York 11694

Carol Sharib

156 73^rd Street

Brooklyn, New York 11209

John Alesi

131 Grand Avenue

Staten Island, New York 10301

Carolyn Dopman

102 Sturges Street

Staten Island, New York 10314

9. The corporation is to be maintained at 7100 Shore Road, Brooklyn, New York 11209. The address for service of process on the corporation is c/o Carol Sharib 156 73^rd Street, Brooklyn, New York 11209.

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.

MOUNTAIN ROAD SCHOOL. An application having been made by and on behalf of the trustees of Mountain Road School, for its provisional charter to be extended, it was

Voted, that the provisional charter of Mountain Road School, located in New Lebanon, county of Columbia, state of New York, which was granted by action of the Board of Regents on April 29, 1997; which provisional charter was amended by Regents action on July 19, 2001 and, as so amended, extended be, and the same hereby is, extended until September 10, 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 September 10, 2007 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

THE SUSAN ODELL TAYLOR SCHOOL FOR CHILDREN. An application having been made by and on behalf of the trustees of The Susan Odell Taylor School for Children, for its provisional charter to be amended and extended, it was

Voted, that the provisional charter of The Susan Odell Taylor School for Children, located in Troy, county of Rensselaer, state of New York, which was granted by action of the Board of Regents on June 9, 1998; which provisional charter was amended by Regents action on June 8, 1999 be, and the same hereby is, amended to add authority for the corporation to also operate a nursery school for preschool children from three to five years of age and, as so amended, extended until September 10, 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 September 10, 2007 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

CHRIST’S CHURCH NURSERY SCHOOL. An application having been made by and on behalf of the trustees of Christ’s Church Nursery School, for its charter to be dissolved, and for approval of the distribution of its remaining corporate assets to Christ’s Church, Rye, New York a corporation formed under the Religious Corporations Law, and it appearing from the petition that all taxes payable by the corporation have been paid, it was

Voted, that the provisional charter of Christ’s Church Nursery School, located in Rye, county of Westchester, state of New York, which was granted by action of the Board of Regents on June 9, 1995 be, and the same hereby is, dissolved, and that notice to such effect be given to the board of trustees of the corporation, and that the distribution of the corporation’s assets to Christ’s Church, Rye, New York be, and the same hereby is, approved.

THE RYKEN EDUCATIONAL CENTER and RYKEN EDUCATIONAL CENTER, INC.

The Ryken Educational Center, located in Brooklyn, county of Kings, state of New York, has petitioned the Regents for a provisional charter.

Ryken Educational Center, Inc., located in Brooklyn, county of Kings, state of New York, was incorporated pursuant to §402 of the Not-for-Profit Corporation Law (NPCL) on May 9, 1994.

The boards of trustees of The Ryken Educational Center and Ryken Educational Center, Inc., have petitioned the Board of Regents, pursuant to Education Law §223, for an order consolidating the said corporations under one name, to wit, The Ryken Educational Center, 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 Ryken Educational Center and Ryken Educational Center, Inc., be, and hereby are, consolidated under the name The Ryken Educational Center.

2. The institution of the consolidated corporation shall be located at 7100 Shore Road, Brooklyn, New York 11209. The mailing address of the corporation shall be c/o Carol Sharib, 156 73^rd Street, Brooklyn, New York 11209.

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

4. The separate existence of Ryken Educational Center, Inc. hereby ceases, and The Ryken Educational Center, 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 each of the constituent corporations. All assets and liabilities of the respective constituent corporations are hereby assets and liabilities of the consolidated corporation. All property, real, personal and mixed and all debts to each of the corporations on whatever account are hereby attached to the consolidated corporation and may be enforced against it to the same extent as if the debts, liabilities and duties had been incurred or contracted by it.

5. Salvatore Ferrera, Joseph Marino, Carol Sharib, John Alesi, and Carolyn Dopman shall constitute the first board of trustees, to serve until the first annual meeting of the consolidated corporation. The board has power to adopt bylaws, including therein provisions fixing the method of election and the term of office of trustees, and has power by vote of two-thirds of all the members of the board of trustees to change the number of trustees to be not more than twenty-five nor less than five. The annual election will be held on the first Monday in June.

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

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

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

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

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

11. The consolidation herein shall take effect immediately.

12. The consolidated corporation will operate under the provisional charter granted to The Ryken Educational Center.

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; 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 and June 22, 2004 be, and the same hereby is, amended to add authority for the corporation to establish a branch campus at Kew Gardens Hills, Queens County, with authority to confer at this campus the degrees of Bachelor of Arts (B.A.) and Bachelor of Science (B.S.).

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

Voted, that the absolute charter in the first instance of Utica College, located in Utica, county of Oneida, and state of New York, which was granted by action of the Board of Regents on May 18, 1995, which absolute charter was amended by Regents action on September 18, 1998 and June 8, 1999 and which corporation was merged by action of the Board of Regents on June 18, 2002 with Utica College Foundation, a not-for-profit corporation incorporated pursuant to the Membership Corporations Law on April 6, 1953, and which absolute charter was further amended by Regents action on November 14, 2003 be, and the same hereby is, amended to authorize the corporation to confer the Doctor of Physical Therapy (D.P.T.) degree.

SLOAN-KETTERING GRADUATE SCHOOL OF BIOMEDICAL SCIENCES

Voted, that

1. A provisional charter valid for a term of five years is granted incorporating Richard I. Beattie, Peter O. Crisp, Richard N. Foster, Louis V. Gertsner, Jr., James G. Niven, Clifton S. Robbins, James D. Robinson III, Benjamin M. Rosen, Jack Rudin, Harold Varmus, M.D. Douglas A. Warner III, and their associates and successors as an education corporation under the corporate name of Sloan-Kettering Graduate School of Biomedical Sciences, located in the city, county, and state of New York.

2. The purposes for which such corporation is formed to provide one or more courses of study, which shall include scientific research as well as academic instruction, leading to a Master of Science (M.S.) degree or a Doctor of Philosophy (Ph.D.) degree, and to grant and confer such degrees on persons who demonstrate to the corporation that they have obtained sufficient mastery of their respective underlying courses of study; and to confer the honorary degree of Doctor of Science (Sci.D. honoris causa) on persons whom the proposed corporation determines to have achieved outstanding scientific accomplishments or made distinctive scientific contributions on a national or international level.

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

Richard I. Beattie