SUMMARY OF THE OCTOBER MEETING

OF THE BOARD OF REGENTS

THE UNIVERSITY OF THE STATE OF NEW YORK

Held at the State Education Building
Albany, New York

December 4 and 5, 2006

David Johnson, Secretary
Board of Regents

THE BOARD OF REGENTS

The Board of Regents of The University of the State of New York held public sessions on Monday, December 4 at 10:00 a.m. and 1:00 p.m., and Tuesday, December 5 at 11:45 a.m. pursuant to a call duly sent to each Regent.

MEETING OF THE FULL BOARD, Monday, December 4, 10:00 a.m.

Board Members in Attendance:

Adelaide L. Sanford, Vice Chancellor

Saul B. Cohen

James C. Dawson

Anthony S. Bottar

Geraldine D. Chapey

Arnold B. Gardner

Harry Phillips, 3^rd

Joseph E. Bowman, Jr.

James R. Tallon, Jr.

Milton L. Cofield

John Brademas

Roger B. Tilles

Karen Brooks Hopkins

Also present were the President of The University and Commissioner of Education, Richard P. Mills, Deputy Commissioner for Legal Affairs, Kathy A. Ahearn, and the Secretary, Board of Regents, David Johnson. Chancellor Robert M. Bennett and Regents Merryl H. Tisch and Lorraine Cortés-Vázquez were absent and excused.

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

ACTION ITEMS

Executive Session Motion

MOVED, that the Board of Regents convene in Executive Session on Monday, December 4, at 5:00 p.m. for the purpose of discussing pending litigation and a personnel matter.

Motion by: Vice Chancellor Adelaide L. Sanford

Seconded by: Regent Harry Phillips, 3^rd

Action: Motion carried unanimously

DISCUSSION ITEM

Commissioner’s Report to the Board

The Commissioner’s written monthly report focused on eight subject areas the Board will vote upon or discuss during the monthly meeting: The Standards, USNY and a P-16 Perspective; Health/Mental Health Partnerships; Gap Closing Strategies for English Language Learners; Proprietary Colleges; State Aid; Roosevelt School District; High School and College Alignment; and, A Future Topic: Strengthening Teaching.

MISCELLANEOUS

Naming of the Museum Theater in the Cultural Education Center

Commissioner Richard P. Mills presented a resolution naming the Museum Theater in honor of retiring Deputy Commissioner for Cultural Education, Carole F. Huxley. This action confirms the informal approval of the Board in October.

The Resolution is attached as Appendix III.

MOVED, that the Theater in the Cultural Education Center, be, and hereby is, designated the Carole F. Huxley Theater.

Motion by: Regent James C. Dawson

Seconded by: Regent Saul B. Cohen

Action: Motion carried unanimously

Resolution in Recognition of Distinguished Service

Commissioner Richard P. Mills presented a resolution in recognition of distinguished service to Carole F. Huxley for her twenty-four years of outstanding leadership and service as Deputy Commissioner of Cultural Education.

The Resolution is attached as Appendix IV.

MOVED, that the Board of Regents approve the Resolution in Recognition of Distinguished Service for Carole Huxley.

Motion by: Regent Saul B. Cohen

Seconded by: Regent Joseph E. Bowman, Jr.

Action: Motion carried unanimously

MEETING OF THE FULL BOARD, Monday, December 4, 1:00 p.m.

Board Members in Attendance:

Adelaide L. Sanford, Vice Chancellor

Saul B. Cohen

James C. Dawson

Anthony S. Bottar

Geraldine D. Chapey

Arnold B. Gardner

Harry Phillips, 3^rd

Joseph E. Bowman, Jr.

James R. Tallon, Jr.

Milton L. Cofield

John Brademas

Karen Brooks Hopkins

Also present were the President of The University and Commissioner of Education, Richard P. Mills, Deputy Commissioner for Legal Affairs, Kathy A. Ahearn, and the Secretary, Board of Regents, David Johnson. Chancellor Robert M. Bennett and Regents Merryl H. Tisch, Lorraine Cortés-Vázquez, and Roger B. Tilles were absent and excused.

Vice Chancellor Sanford called the meeting to order at 1:00 p.m.

ACTION ITEMS

Charter Applications

BR (A) 1

MOVED, that the Regents approve each application in accordance with the recommendations contained in the respective summaries.

Motion by: Regent Harry Phillips, 3^rd

Seconded by: Regent Arnold B. Gardner

Action: Motion carried unanimously

Summary of the October 2006 Meeting

BR (A) 2

MOVED, that the Summary of the October 2006 Meeting of the Board of Regents of The University of the State of New York be approved.

Motion by: Regent Geraldine D. Chapey

Seconded by: Regent Joseph E. Bowman, Jr.

Action: Motion carried unanimously

2007 Regulatory Agenda

BR (A) 3

MOVED, that the 2007 Regulatory Agenda for the State Education Department be approved, as submitted.

Motion by: Regent James C. Dawson

Seconded by: Regent Geraldine D. Chapey

Action: Motion carried unanimously

DISCUSSION ITEM

Review of Existing Rules (2002)

BR (A) 4

The Review of Existing Rules will be published in the State Register on January 3, 2007.

MISCELLANEOUS

State Aid Update

Regent James R. Tallon, Jr. presented an oral update on the adjustment in the proposal for State aid to school districts in 2007-08, based upon additional data received on November 15, 2006.

At the October Regents meeting the Board unanimously approved a State aid proposal with a preliminary estimated increase of $1.48 billion. As a result of the November 15 database update, the overall State aid amount requested is $213 million higher than the total in October, or $1.695 billion.

Presentation by Geoffrey Canada

The Board received an oral presentation by Geoffrey Canada, the President and CEO of Harlem Children’s Zone, Inc. The Harlem Children’s Zone is less than one square mile and the home of more than 10,000 children, the vast majority of whom are facing many obstacles.

Mr. Canada discussed the six steps in his program that provides educational, recreational and community-building services for the children in a large defined area of the Bronx community.

Of immense importance, there is a best-practice recommendation for each stage of a child’s life beginning with a Baby College for expectant mothers, and mothers of infants and toddlers. The community has to be rebuilt to become a safe haven, a place that values its citizens. Schools need also to be viewed by children as a safe environment with qualified teachers and a learning experience that is expansive in opportunity and a literacy approach that is standardized and universal for all children. There must be a continuing evaluation of all components of the learning experience to determine what is working and with a strong connection between the classroom teacher and principal in analysis of data gathered to expedite strategic change as necessary. Appropriate and continuing health care services are critical to the physical, emotional and academic growth of every child. For any program to achieve success students must graduate, be prepared for college or the workplace and have the necessary skills for employment. Lastly, there must be accountability established throughout the system as it guides its children from infancy through high school and college graduation.

MEETING OF THE FULL BOARD, Tuesday, December 5, 11:45 a.m.

Board Members in Attendance:

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.

Milton L. Cofield

Roger B. Tilles

Karen Brooks Hopkins

Also present were the President of The University and Commissioner of Education, Richard P. Mills, Deputy Commissioner for Legal Affairs, Kathy A. Ahearn, and the Secretary, Board of Regents, David Johnson. Chancellor Robert M. Bennett, Vice Chancellor Adelaide L. Sanford and Regents Lorraine Cortés-Vázquez, James R. Tallon, Jr., and John Brademas were absent and excused.

Regent Cohen called the meeting to order at 11:45 a.m.

ACTION ITEMS

State Education Department October 2006 Fiscal Report

BR (A) 5

The Board received the October 2006 Fiscal Report for review and acceptance. Also included is a Variance Report reflecting estimated grant award levels in the Office of Vocational and Educational Services for Individuals with Disabilities, Cultural Education, and Operations and Management Services with the beginning of the new federal fiscal year on October 1, 2006 and unanticipated revenue in the Office of Higher Education due to changes in certificate fee structures.

General fund and federal accounts are in structural balance. It is anticipated the Office of Elementary, Middle, Secondary and Continuing Education (EMSC) will undertake additional priority activities over the coming years, and dependent on the extent of which activities are accomplished and expenses are incurred in the 2006-2007 federal fiscal years, the program will draw upon prior year balances to cover the costs which may create a structural imbalance.

Revenue accounts are in structural balance, allowing for normal reimbursement delays and the planned use of prior year balances. After expending prior year funds, the Archives Partnership Trust (APT) will use sufficient revenue from the APT endowment, pursuant to Chapter 399 of the Laws of 1998, to maintain structural balance.

MOVED, that the Board of Regents accept the October 2006 State Education Department Fiscal Report as presented.

Motion by: Regent Joseph E. Bowman, Jr.

Seconded by: Regent James C. Dawson

Action: Motion carried unanimously

State Education Department November 2006 Fiscal Report

BR (A) 6

The Board received the November 2006 Fiscal Report for review and acceptance. This report reflects actual expenditures for the first eight months and adjusted revenue and expenditure projections for the remaining four months of the 2006-2007 State fiscal year. Also included is a Variance Report that reflects estimated grant award levels in the Office of Elementary, Middle, Secondary and Continuing Education with the beginning of the new federal fiscal year on October 1, 2006.

MOVED, that the Board of Regents accept the November 2006 State Education Department Fiscal Report as presented.

Motion by: Regent Joseph E. Bowman, Jr.

Seconded by: Regent James C. Dawson

Action: Motion carried unanimously

STANDING COMMITTEE REPORTS

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

Motion by: Regent Joseph E. Bowman, Jr.

Seconded by: Regent Harry Phillips, 3^rd

Action: Motion carried unanimously

REGENTS COMMITTEE ON POLICY INTEGRATION AND INNOVATION

Regent Saul B. Cohen, Chair of the Committee on Policy Integration and Innovation, presented on behalf of the Committee the following written report.

Your Committee held its scheduled meeting on December 4, 2006. Vice Chancellor Sanford, and Regents Dawson, Bottar, Chapey, Bowman, Tallon and Cofield were present. Regents Gardner, Phillips, Brademas, and Brooks-Hopkins also attended. Commissioner Mills was present.

MATTERS NOT REQUIRING BOARD ACTION

Your Committee heard three presentations from Dean Mary Brabeck, Steinhardt School of Education at New York University; Dean Mary Gresham from the School of Education at SUNY Buffalo; and Anne Rothstein, Director of the Center for School College Collaboratives at CUNY Lehman College. The presenters were asked to share their insights on how best to craft policies related to high school-college articulation and teacher preparation, with an emphasis on the opportunities and obstacles as well as models of successful collaborations.

The three presenters spoke about the need for more collaboration between high schools and colleges; consistent funding to grow successful programs; and well-trained teachers and quality curriculum, especially in urban schools. The presenters also suggested topics for possible policy deliberation by this Board. These included policies to promote greater diversity in the teaching workforce, strategies to increase high school graduation and college retention, and actions to improve the pre-service and in-service training of teachers.

REGENTS COMMITTEE ON ELEMENTARY, MIDDLE, SECONDARY

AND CONTINUING EDUCATION  VOCATIONAL AND EDUCATIONAL SERVIES FOR INDIVIDUALS WITH DISABILITIES

Your EMSC-VESID Committee held its scheduled meeting on December 4, 2006. Regent Cortés-Vázquez was absent and excused.

ACTION ITEMS

Charter Schools

· Your Committee recommends approval of the second revision to the initial charter of the Excellence Charter School of Bedford Stuyvesant, and any amendment to its provisional charter that is necessary. [EMSC-VESID (CA) 1]

· Your Committee recommends approval of the first revision to the first renewal charter of the Genesee Community Charter School, and any amendment to its provisional charter that is necessary. [EMSC-VESID (CA) 1]

· Your Committee recommends approval of the first revision to the initial charter of the Leadership Preparatory Charter School, and any amendment to its provisional charter that is necessary. [EMSC-VESID (CA) 1]

· Your Committee recommends approval of the first revision to the first renewal charter of the New Covenant Charter School, and any amendment to its provisional charter that is necessary. [EMSC-VESID (CA) 1]

· Your Committee recommends approval of the first revision to the initial charter of the Niagara Charter School, and any amendment to its provisional charter that is necessary. [EMSC-VESID (CA) 1]

· Your Committee recommends approval of the second revision to the initial charter of the Southside Academy Charter School, and any amendment to its provisional charter that is necessary. [EMSC-VESID (CA) 1]

· Your Committee recommends approval of the first revision to the initial charter of the Urban Choice Charter School, and any amendment to its provisional charter that is necessary. [EMSC-VESID (CA) 1]

· Your Committee recommends approval of the first revision to the initial charter of the Western New York Maritime Charter School, and any amendment to its provisional charter that is necessary. [EMSC-VESID (CA) 1]

· Your Committee recommends approval of the proposed first renewal charter for the Bronx Charter School for the Arts and extension of the provisional charter for three years and four months from April 23, 2007 up through and including August 31, 2010. [EMSC-VESID (A) 2]

· Your Committee recommends approval of the proposed first renewal charter of the Global Concepts Charter School and extension of the provisional charter for five years from January 16, 2007 up through and including January 15, 2012. [EMSC-VESID (A) 2]

· Your Committee recommends approval of the proposed first renewal charter of the Southside Academy Charter School and extension of the provisional charter for five- and a half-months from January 16, 2007 up through and including June 30, 2007. [EMSC-VESID (A) 2]

· Your Committee recommends approval of the proposed second renewal charter of the Harriet Tubman Charter School and extension of the provisional charter from January 11, 2007 up through and including June 30, 2007. [EMSC-VESID (A) 2 Addendum]

Appointments

· Your Committee recommends that Agnes McCray and Sally J. Colletti be appointed for a three-year term to the New York State Independent Living Council, Inc. beginning January 1, 2007 and ending December 31, 2009, and that Eugene Hughes and Pratik Patel be reappointed to serve a three-year term beginning January 1, 2007 and ending December 31, 2009. [EMSC-VESID (CA) 2]

· Your Committee recommends that Scott Ebner, Kathy Hoffman, Francine Tishman and Lisa Rosano, be appointed for a three-year term to the New York State Rehabilitation Council beginning January 1, 2007 and ending December 31, 2009 and that Thomas Golden and Frank Graziano be reappointed for a three-year term beginning January 1, 2007 and ending December 31, 2009. [EMSC –VESID (CA) 3]

Regulations

· Your Committee recommends that subdivision (p) of section 100.2 of the Regulations of the Commissioner relating to public school and district accountability be amended as submitted, effective December 28, 2006. [EMSC-VESID (A) 1]

· Your Committee recommends that subdivision (p) of section 100.2 of the Regulations of the Commissioner be amended as submitted, effective December 12, 2006, as an emergency action in order to ensure that the emergency rule adopted at the September Regents meeting relating to public school and district accountability remains continuously in effect until the effective date of its adoption as a permanent rule. [EMSC-VESID (A) 1]

The vote on the above amendments was 6 yes and 1 no (Regent Tilles). The Committee directed Commissioner Mills to prepare an advocacy plan to voice the opposition of the Regents to the decision of the U.S. Department of Education that the New York State English as a Second Language Achievement Test (NYSESLAT) cannot be used to measure English language arts proficiency under Title I of NCLB.

MOTION FOR ACTION BY FULL BOARD

Mr. Chancellor and Members of the Board: Your EMSC-VESID Committee recommends, and I move, that the Board of Regents act affirmatively upon each of the recommendations set forth in the written report of the deliberations of the Committee at its meeting on December 4, 2006, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

Proposed amendment to Section 100.5 of the Commissioner’s Regulations relating to State assessments and graduation and diploma requirements as they pertain to the Regents diploma with honors or the Regents diploma with advanced designation with honors [EMSC-VESID (D) 1]

The proposed amendment will be submitted to the Committee for approval in February.

Proposed amendment to Section 120.4 of the Commissioner’s Regulations relating to supplemental educational services [EMSC-VESID (D) 2]

The proposed amendment will be submitted to the Committee for approval in February. Concern was noted that some school districts have slowed the process for funding for supplemental educational services providers and have used the funding to reduce tax burdens. SED staff indicated that additional amendments will be forthcoming concerning supplemental educational services relating to how SED works with the providers and school districts.

Strategies to improve the performance of LEP/ELL students [EMSC-VESID (D) 3]

Due to a time constraint, this report will be carried over to the January agenda.

Health and mental health collaborations [EMSC-VESID (D) 4]

The Committee received a summary of a November 30 meeting with stakeholders from the fields of health, mental health and education on a draft vision and leadership framework for an integrated education, health and mental health collaboration. Rebecca Cort will provide the Committee with a copy of an article concerning “braided funding” where funding streams are combined to support particular components of integrated service plans so that funds from different agencies can be tracked for the purpose of meeting funding requirements.

REGENTS COMMITTEE ON CULTURAL EDUCATION

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

Your Committee on Cultural Education had its scheduled meeting on December 5, 2006 in Room 146, Main Education Building. Regents Dawson, Cohen, Phillips, Gardner, Brademas, Brooks Hopkins, Bowman, and Tiles were in attendance.

ITEMS FOR DISCUSSION

Report from the Deputy

Acting Deputy Commissioner Chris Ward presented the following updates to your Committee.

Update on the Status of the Museum Renewal

The Museum has signed the Gallagher contract and work begins on December 15. Staff are already identifying materials for interactive exhibits that will include materials from all of OCE.

Update on the New Facility

The Museum is working on land identification and the capital budget request for $50 million. Staff are working with OGS to locate possible sites and are identifying the priorities for Phase I construction.

Update on Public Library Construction

There has been great interest in the $14 million in capital funds provided for public library construction grants in the 2006-07 budget. The State Library had over 500 phone inquiries regarding the application review and approval process. There were 4,675 hits on the Public Library Construction Grant Program web pages on the State Library’s website between August and November. This does not include questions asked of the 23 library systems by their member libraries. The complex multi-agency project application review and approval process is anticipated to end by early February 2007. More than 200 applications are expected. The State Library anticipates announcement of awards in February 2007. Ninety percent of the $14 million will be paid out before July 1, 2007.

Update on the Cultural Education Trust Board

Appointments have not yet been secured from the Governor, Majority Leader, or Speaker. OCE leaders are working hard on this and hope to have a quorum in place within the next month.

Status of the CE Account

OCE has had good luck with waivers and has been able to start filling many long standing vacancies. Revenues will begin to fall off as the real estate market slackens. Strategies will need to be discussed to deal with this over the next few years.

OCE Deputy Search

Members of the Search Committee, chaired by Janet Welch, made over 150 calls for recommendations of potential candidates. They reviewed 80 applications and forwarded a list of 12 candidates, 7 recommended for interviews, to the Interview Team. Board members are urged to share with the Search Committee information on any potential candidates they would like to recommend.

Museum Education Initiative Advocacy Plans

Clifford Siegfried presented to your Committee the proposed legislation to fund museums and other cultural institutions, increasing standards-based instruction in science, social science, the arts and the humanities in grades K-12. The Museum Education Initiative proposes $16 million in formula based aid, $6.5 million in competitive grants, $5 million administered by the New York State Council on the Arts for cultural institutions, and $2.5 million for administration.

The Initiative would provide state funds to support standards based education programs by cultural institutions. An advocacy plan is being modeled after advocacy efforts lead by the State Library for library initiatives and must be reviewed and approved by the Legislative Advocacy Team in the next few weeks. A tool kit will include promotional items. The Museum Association of New York will be a key partner.

Knowledge Initiative Advocacy Plans

Janet Welch presented to your Committee that the New York Knowledge Initiative Regents Priority Legislation proposes $10 million annually in State support to expand and sustain NOVELny; $14 million annually in State support for public library construction aid and $3 million annually for library systems. The impact of libraries on student learning and test scores is clear, and the New York Knowledge Initiative is critical to ensure libraries can fulfill this fundamental role. Your Committee reviewed a Regents Fact Paper developed by the State Library to provide information to state leaders about the New York Knowledge Initiative.

Discussion of Agenda Items

President of the Museum Association of New York, Ann Ackerson, addressed research showing the links between cultural programs and improved student performance and lower drop-out rates. Museums and other cultural institutions need support for these quality programs. A presentation of an award-winning education program kit from Historic Cherry Hill demonstrated how museum programs can enhance classroom work.

Your Committee discussed the need to get museums and other cultural organizations working together in the schools, get the message out about the fundamental impact they have on education, and work with the Deans of schools of library science and other teacher training programs to make them aware of the role of libraries and other cultural organizations in education.

Your Committee discussed the lack of certified School Library Media Specialists in many of New York State’s elementary schools and agreed to add this topic to the CE agenda for future consideration.

Regent Dawson told Board members that they need to begin their personal advocacy using the connections they have, and he will be calling the group to discuss strategies.

REGENTS COMMITTEE ON HIGHER EDUCATION

AND PROFESSIONAL PRACTICE

Your Higher Education and Professional Practice Committee held its scheduled meeting on December 5, 2006. All Committee members were present, except Regent Arnold B. Gardner who was present for the public session and excused from 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 8 cases, and modified in one case, as hereinafter set forth. In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 26 consent order applications and 12 surrender applications be granted.

These recommendations are made following the review of 47 cases involving ten licensed practical nurses, eight registered professional nurses, five dentists, five pharmacists, three licensed practical nurses who are also registered professional nurses, three architects, two chiropractors, one certified public accountant, one certified public accountant professional corporation, one dental professional corporation, one licensed master social worker, one massage therapist, one pharmacy, one professional engineer, and one psychologist.

In the case of Mary Jo Marino, a/k/a Mary Jo Brown, pharmacist, Calendar No. 19540, we recommend that the recommendation of the Regents Review Committee be accepted, with the exception that in disagreement with the Regents Review Committee, and in agreement with the hearing panel, we recommend that the findings of fact and determination recommended by the Regents Review Committee be modified and, accordingly, the findings of fact rendered by the hearing panel be accepted, the determination as to guilt rendered by the hearing panel be accepted, respondent is guilty, by a preponderance of the evidence, of subparagraph (1) of the specification of the charges to the extent set forth in the report of the hearing panel and of subparagraph (2) of the specification of the charges to the extent that it alleges that respondent did not communicate with the prescriber of the prescription in question, said determination as to guilt regarding subparagraph (2) of the specification of the charges shall include the notation that the law at the time of the incident required the respondent to receive a prescription of a controlled substance from the prescriber and not from a nurse communicating that prescription to a pharmacist, and the penalty recommended by the Regents Review Committee be accepted as set forth in the report of the Regents Review Committee.

Consent Agenda Items

Your Committee recommends that the Board of Regents approve the appointments and reappointments of members to the State Boards for the Professions and reappointment of an extended member to the State Boards for the Professions for Service on Licensure Disciplinary and/or Licensure Restoration and Moral Character Panels. [HE&PP (CA) 1]

Your Committee recommends that the Board of Regents approve the following appointment to the State Professional Standards and Practices Board for Teaching: Erik J. Bitterbaum, for a four-year term, beginning December 5, 2006 and ending June 30, 2010. [HE&PP (CA) 2]

Your Committee recommends that the Board of Regents approve the recommendations of the Committee on the Professions regarding Licensing Petitions. [HE&PP (CA) 3]

Your Committee recommends that the Board of Regents appoint Carole F. Huxley as an Adjunct Member of the Regents Review Committee for the term December 6, 2006 to December 31, 2007. [HE&PP (CA) 4]

Your Committee recommends that the Board of Regents amend the master plan of SUNY College of Agriculture at Morrisville – Norwich Campus to authorize the College to offer an Associate in Applied Science (A.A.S.) degree in Human Services. [HE&PP (CA) 5]

Your Committee recommends that the Board of Regents amend Subparts 79-13, 79-14 and 79-15 of the Regulations of the Commissioner of Education relating to licensure as a clinical laboratory technologist and as a cytotechnologist and certification as a clinical laboratory technician. [HE&PP (CA) 6]

Approvals

Your Committee recommends that the Board of Regents accredit with conditions for three years the teacher education programs in Visual Arts and Speech and Language Disabilities offered by Elmira College, effective December 5, 2006, for a period beginning immediately and ending on December 4, 2009, with the following conditions: (1) beginning in the spring of 2007, a majority of the credit-bearing pedagogical core courses in the Visual Arts program be taught by full-time faculty; (2) a doctorally-prepared, full-time faculty staff person in Speech and Language Disabilities or a related field be hired within the three-year period; and (3) the annual report provides information on the methods and outcomes of assessing graduate effectiveness and candidate achievements in the two programs. [HE&PP (A) 1]

Your Committee recommends that the Board of Regents amend section 3.46 and add section 3.58 to the Rules of the Board of Regents, effective December 28, 2006 relating to proprietary college degree-conferring authority. These changes will ensure that all new for-profit institutions in New York State are owned and operated by organizations that have demonstrated the capacity to operate degree- granting institutions in New York State. New proprietary institutions will be given provisional authority to operate for up to five years before final authority to award degrees is granted. Under these new rules, the approval of the Regents will be required before the purchase of a proprietary college can take place. [HE&PP (A) 2]

MOTION FOR ACTION BY FULL BOARD

Mr. Chancellor and Colleagues: Your Higher Education and Professional Practice Committee recommends, and I move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on December 5, 2006, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

Your Committee discussed several topics of interest, including:

· Proposed amendments to the regulations relating to examination requirements for licensure in public accountancy. The proposed amendments change the grading of the licensure exam to a numeric scoring system and also lengthen the period of time that passed sections of the licensure exam are valid. These changes will go into effect on March 8, 2007. [HE&PP (D) 1]

· Proposed amendments to the rules relating to voluntary institutional accreditation for Title IV purposes. The proposed amendments are a result of a multi-year self-study and review of existing standards and procedures that institutions must conduct if they are voluntarily seeking accreditation or renewal of accreditation by the Board of Regents. [HE&PP (D) 2]

· The P-16 Initiative, “Planting the Seed” – a long-term multi-media initiative to help students better understand the life long benefits of staying in and graduating from school and college and also to generate an early interest in careers in the licensed professions and teaching. This initiative is aligned with the Regents Statewide Plan for Higher Education. The Committee viewed a demonstration DVD that will provide information and tools to students, parents and teachers to help create interest in hard-to-staff teaching areas and shortage areas in the professions. The Regents provided suggestions for development and use of this material. [HE&PP (D) 3]

A provisional charter was granted to this corporation by action of the Board of Regents on February 20, 1913 to operate an association library. Such provisional charter was extended by Regents action on November 15, 1940, December 20, 1946, April 27, 1951, March 23, 1956 and was made absolute by Regents action on March 24, 1961. The board of trustees has applied for an amendment to the absolute charter to designate the service area to be bordered to the south by the Steuben County line and commencing at a point on the part of Burke Hill Road that intersects the Steuben County border and continuing northwest to the intersection of Italy Valley Road and continuing along Italy Valley Road in a northeasterly direction to the intersection of Lafler Road, thence south along Lafler Road to the intersection of Grady Road, thence in an easterly direction to the intersection of Bordwell Road, thence in a southern direction on Bordwell Road to the intersection of Sherman Hollow Road, thence in an eastern direction along Sherman Hollow Road to Friend Road; thence southeast along Friend Road to the intersection of Friend Hill Road thence east along Friend Hill Road to the intersection of Yatesville Road thence south on Yatesville Road to the intersection of Valley Road thence southwest along Valley Road thence along the border of Keuka Lake to the Steuben County border thence along the Steuben County border to the point of beginning. The board of trustees also request that the absolute charter be amended to change the corporate name to “Modeste Bedient Memorial Library,” to change the number of trustees to be no less than five nor more than seven, to designate the Commissioner of Education as agent of the corporation upon whom process in any action or proceeding against it may be served and to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3). The Office of Cultural Education recommends that the absolute charter be amended accordingly.

A provisional charter was granted to this corporation by action of the Board of Regents on December 20, 1900 to operate an association library. Such provisional charter was made absolute by Regents action on October 25, 1906. The board of trustees has applied for an amendment to the absolute charter to increase the number of trustees from seven to eleven, to designate the Commissioner of Education as agent of the corporation upon whom process in any action or proceeding against it may be served and to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3). The Office of Cultural Education recommends that the absolute charter be amended accordingly.

A provisional charter was granted to this corporation by action of the Board of Regents on May 17, 2005 to build, operate and maintain a working replica of a nineteenth century New Bedford whaling ship and to promote United States – Japanese cross-cultural relations. The board of trustees has applied for an amendment to the provisional charter to change the corporate name to “Manjiro Historic Friendship Society.” The Office of Cultural Education recommends that the provisional charter be amended accordingly.

This corporation was incorporated under General Laws on December 12, 1893 to operate an association library. Such corporation was admitted to the University of the State of New York on June 26, 1895 and amended by Regents action on January 17, 1984 and on March 27, 1992. The board of trustees has applied for an amendment to the absolute charter to amend the number of trustees from a range of not less than five nor more than eleven to a range of not less than five nor more than fifteen, and to designate the Commissioner of Education as agent of the corporation upon whom process in any action or proceeding against it may be served. The Office of Cultural Education recommends that the absolute charter be amended accordingly.

A provisional charter was granted to this corporation by action of the Board of Regents on February 17, 1950 to operate a public library. Such provisional charter was extended by Regents action on June 24, 1955 and was made absolute on June 24, 1960. The board of trustees has applied for an amendment to the absolute charter to designate the Commissioner of Education as agent of the corporation upon whom process in any action or proceeding against it may be served and to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3). The Office of Cultural Education recommends that the absolute charter be amended accordingly.

A provisional charter was granted to this corporation by action of the Board of Regents on July 29, 1938 to operate an association library to serve the Village of Valatie. Such provisional charter was extended by Regents action November 19, 1943 and made absolute on December 17, 1948. Such absolute charter was amended by Regents action on July 24, 1992. The board of trustees has applied for an amendment to the absolute charter to designate the service area as the Village of Valatie, the Census-designated Place (CDP) of Niverville (as of 2000 Census), and that area of the Town of Kinderhook to the east of and including County Route 28B and Plum Tree Drive and north of State Highway 203. The Office of Cultural Education recommends that the absolute charter be amended accordingly.

The board of trustees has petitioned the Board of Regents to form a corporation to establish and maintain the Hull Peterson House on Genesee Street in the Town of Lancaster, New York as an historic house museum interpreting the history of the Hull-Peterson family and general history of Western New York; to restore, maintain, and preserve the Hull Peterson House and open it to the public on a regular schedule; to collect, own, hold, maintain, preserve and make available appropriate historical objects and artifacts; to arrange, create, maintain, and promote appropriate historical exhibits and displays. The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

The board of trustees has petitioned the Board of Regents to form a corporation to establish and maintain a history museum of African heritage and the cultural contributions made by African-American individuals, organizations, associations and corporations; to collect, own, hold, maintain, preserve, and make available appropriate historical objects and artifacts; to arrange, create, maintain and promote appropriate historical exhibits and displays; to promote and support historical research and scholarship, issue publications in any format, and organize historical and cultural activities, lectures, forums, programs and events for the public; to disseminate information and provide historical perspective on African-American historical, cultural and literary contributions, including historical research and archaeological discoveries; to generate community pride, further the development of the individual, increase the individual’s desire to succeed and grow, promote good community and human relationships, promote a healthier sense of local community, further the positive aspects of humanity, and thus improve the world. The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

The board of trustees has petitioned the Board of Regents to form a corporation to establish and maintain a museum dedicated to the musical, cultural, and historical preservation of Afro-Hispanic musical forms as they developed in New York City, particularly the genre commonly referred to as “salsa;” to collect, own, hold, maintain, preserve, and make available objects and artifacts, as appropriate; to arrange, create, design, maintain and promote appropriate exhibits; to promote and support research and scholarship, and to organize cultural activities, programs, and events for the public; to promote, support, and/or facilitate the education of aspiring musicians in the genre. The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

THE MUSEUM OF AFRICAN AMERICAN HISTORY and FREEDOM’S JOURNEY FOUNDATION, INC.

The board of trustees and the board of directors have petitioned the Board of Regents, pursuant to Education Law §223, for an order of consolidation of The Museum of African American History and Freedom’s Journey Foundation, Inc. The Museum of African American History has petitioned the Board of Regents for a provisional charter. Freedom’s Journey Foundation, Inc. was incorporated under §402 of the Not-For-Profit Corporation Law (NPCL) on August 7, 2002. Upon the effective date of the consolidation of The Museum of African American History and Freedom’s Journey Foundation, Inc., The Museum of African American History will assume all the assets, liabilities and responsibilities of both organizations. The consolidated corporation will operate under the provisional charter granted to The Museum of African American History. The Office of Cultural Education recommends that an order of consolidation of The Museum of African American History and Freedom’s Journey Foundation, Inc., be granted, forming The Museum of African American History.

A provisional charter was granted to this corporation by action of the Board of Regents on June 12, 2001 to operate a nursery school for preschool children from two and one half to five years of age, a kindergarten for five year olds, a grade one through twelve school, and day care program. The board of trustees has applied for an absolute charter. The Office of Nonpublic School Services recommends that the provisional charter be made absolute.

AMENDMENT OF CHARTERS

An absolute charter in the first instance was granted to this corporation by action of the Board of Regents under the corporate name “Cold Spring Harbor Laboratory of Quantitative Biology” on September 28, 1962 to conduct investigations and research in the biological sciences and related subjects; to further discovery and development therein; and to diffuse information and provide instruction and training related thereto. Such absolute charter was amended by Regents action on January 21, 1970 to change the corporate name to “Cold Spring Harbor Laboratory,” October 23, 1987, September 18, 1998, February 3, 1999 and last amended on October 4, 2002. The board of trustees has applied for an amendment to the absolute charter to add authority for the corporation to also operate a daycare and a nursery school on the grounds of the Cold Spring Harbor Laboratory for the children of the employees and students of the Cold Spring Harbor Laboratory where such children are between the ages of six weeks to five years of age. The Office of Nonpublic School Services recommends the absolute charter be amended accordingly.

A provisional charter was granted to this corporation by action of the Board of Regents on April 29, 1997 to operate a nursery school, a kindergarten and a grades one through eight elementary school. Such provisional charter was extended by Regents action on June 13, 2000 and April 29, 2003. The board of trustees has applied for an amendment to the provisional charter to add authority to also operate at the First Presbyterian Church, 57 Church Street, Saranac Lake, New York 12983, to change the corporate address to 5798 NYS Route 86, Wilmington, New York 12997 and to add authority for the corporation to also operate a “Mommy & Me” programs at both locations for which parents will always be present, and that the provisional charter, as so amended, be extended. The Office of Nonpublic School Services recommends that the provisional charter be amended accordingly and, as so amended, extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

The board of trustees has petitioned the Board of Regents to form a corporation to establish and operate a day care center; a nursery school, a kindergarten and a grade one and two school. The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.

SOUTH COUNTRY MONTESSORI SCHOOL

A provisional charter was granted to this corporation by action of the Board of Regents on February 23, 2004 to operate a nursery school for preschool children from three to five years of age. Such provisional charter was extended by Regents action on February 8, 2005. The board of trustees has petitioned the Board of Regents for the dissolution of the charter due to the lack of enrollment throughout the first year and upcoming year and the result financial difficulties the school suffered. The school is no longer in operation and all taxes payable by the corporation have been paid. The corporation has no remaining assets for distribution. The student records will be stored at 53 Verbana Drive, Commack, New York 11727 with Joanne Lehman as the contact person. The Office of Nonpublic School Services recommends that the provisional charter of South Country Montessori School be dissolved.

A provisional charter under the name “Mid-Manhattan Institute for Psychoanalysis and Group Therapy” was granted to this corporation by action of the Board of Regents on January 29, 1985 to establish a training institute in modern psychoanalysis that will provide courses in the standard history, theory and technique of psychoanalysis. Such provisional charter was extended by Regents action January 14, 1994 and amended on October 5, 2001 including a corporate name change to “Mid-Manhattan Institute for Psychoanalysis” and, as so amended, extended. The board of trustees has petitioned for an extension of the provisional charter. The Office of Professions recommends that the provisional charter be extended for a period of five years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

A provisional charter was granted to this corporation under the corporate name “Mid-Manhattan Institute for Psychoanalysis and Group Therapy” by action of the Board of Regents on June 26, 1970 to operate a four-year liberal arts college. Such provisional charter was amended on April 11, 1973, on June 28, 1974, and extended on June 27, 1975 and was consolidated by Regents action on June 21, 1979 with Jewish Teachers Seminary and People’s University, a domestic corporation incorporated pursuant to Chapter 593 of the Laws of 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.” Such provisional charter was amended and extended numerous times, and was made absolute by Regents action on January 17, 1990. Such absolute charter was amended by Regents action on various occasions with the last amendment being granted on March 21, 2006. The board of trustees has requested that the Board of Regents consent to the filing of a certificate of assumed name pursuant to General Business Law §130 to authorize the corporation to use the assumed name “Touro College of Osteopathic Medicine” for its medical school located at 27-33 W 23^rd Street, New York, New York. The degree of Doctor of Osteopathic (D.O.) Medicine will still be awarded by Touro College. The Office of the Professions and the Office of Higher Education recommends that the consent of the Board of Regents to the filing of such certificate of assumed name be granted.

Appendix II

REGENTS ACTIONS IN 47 PROFESSIONAL DISCIPLINE CASES

December 4-5, 2006

The Board of Regents announced disciplinary actions resulting in the revocation of 1 license, surrender of 12 licenses, and 34 other disciplinary actions. The penalty indicated for each case relates solely to the misconduct set forth in that particular case.

I. REVOCATION AND SURRENDERS

Architecture

Christopher Beardsley; 846 North Taney Street, Philadelphia, PA 19130; Lic. No. 027006; Cal. No. 23020; Application to surrender license granted. Summary: Licensee did not contest the charge of filing a false report.

Chiropractic

Salvatore A. Feudi; Bare Hill Correctional Facility, 181 Brand Road, Malone, NY 12953-0020; Lic. No. 006391; Cal. No. 23011; Application to surrender license granted. Summary: Licensee admitted to charges of having been convicted of three counts of Sodomy in the 2^nd Degree.

Dentistry

Ahmed Aziz; 6160 Lucas Pond Court, Burke, VA 22015; Lic. No. 036909; Cal. No. 23021; Application to surrender license granted. Summary: Licensee did not contest the charge of having been convicted of 2^nd Degree Sexual Offense in the State of Maryland.

Nursing

Jason Anthony Rotunno; Licensed Practical Nurse, Registered Professional Nurse; 55 Pearl Road, Rocky Point, NY 11778; Lic. Nos. 234685, 470121; Cal. Nos. 21865, 21866; Application to surrender licenses granted. Summary: Licensee did not contest charges that, while practicing the profession of nursing in the Intensive Care Unit at Stony Brook University Hospital and Medical Center, and caring for a post-partum patient, he failed to take and/or document the patient’s vital signs and intake and output as often as was ordered; he failed to pick up some physician orders; he failed to write an admission note; and he administered 1000 cc’s of fluid to the patient when in fact the physician’s order called for only 500 cc’s to be administered.

Michael A. Edwards; Licensed Practical Nurse; Groveland Correctional Facility, 7000 Sonyea Road, Sonyea, NY 14556; Lic. No. 231951; Cal. No. 22501; Found guilty of professional misconduct; Penalty: Revocation.

James H. VanDamme; Registered Professional Nurse; 241 Mason Street, Canandaigua, NY 14424; Lic. No. 245075; Cal. No. 22724; Application to surrender license granted. Summary: Licensee did not contest the charge of willfully failing to comply with substantial provisions of state laws, rules or regulations governing the nursing profession.

Kathleen A. Leone; Licensed Practical Nurse; 945 Tuthill Road Extension, Southold, NY 11971; Lic. No. 225138; Cal. No. 22959; Application to surrender license granted. Summary: Licensee admitted to the charge of diverting controlled substances for her own use.

David C. Glover; Licensed Practical Nurse; 493 Lisbon Avenue, Buffalo, NY 14215; Lic. No. 241813; Cal. No. 23001; Application to surrender license granted. Summary: Licensee admitted to charges of having been convicted of two counts of child pornography.

Elizabeth Anne Cole; Registered Professional Nurse; P.O. Box 335, Tyrone, NY 14487; Lic. No. 185498; Cal. No. 23046; Application to surrender license granted. Summary: Licensee could not successfully defend against the charge of diverting the drug Ultram for her own use.

Sandra G. Corder; Registered Professional Nurse; 2724 Duluth Avenue, Highland, IN 46322; Lic. No. 313730; Cal. No. 23054; Application to surrender license granted. Summary: Licensee did not contest the charge of having been found guilty of professional misconduct in Indiana.

Pharmacy

Steven Mensah-Narh; 24 Wedgewood Drive, North Brunswick, NJ 08902-1347; Lic. No. 050940; Cal. No. 23065; Application to surrender license granted. Summary: Licensee did not contest the charge of having been found guilty of improper professional practice or professional misconduct in New Jersey.

Andrea Lynn Holstein; 4766 Vista Ridge Drive, Dublin, OH 43017; Lic. No. 046457; Cal. No. 23066; Application to surrender license granted. Summary: Licensee did not contest the charge of having been found guilty of improper professional practice or professional misconduct in Ohio.

II. OTHER REGENTS DISCIPLINARY ACTIONS

Architecture

Brian Burke; 67 Cooper Drive, New Rochelle, NY 10801; Lic. No. 022649; Cal. No. 22441; Found guilty of professional misconduct; Penalty: 36 month suspension, execution of last 30 months of suspension stayed, probation for at least 7 years and until termination of criminal probation as set forth in Regents Review Committee report.

Nicole De Acetis; 161A Asharoken Avenue, Asharoken, NY 11768; Lic. No. 016923; Cal. No. 23069; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $2,500 fine.

Chiropractic

Norman E. O’Dell; 853 Ridge Road, Webster, NY 14580; Lic. No. 006229; Cal. No. 22835; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,500 fine.

Dentistry

Shahryar Sedgh; 738 Broadway, Brooklyn, NY 11206; Lic. No. 047141; Cal. No. 22789; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $7,500 fine.

Richard J. Bollon; 366 North Broadway, Jericho, NY 11753; Lic. No. 029679; Cal. No. 22799; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 24 months probation, $50,000 fine.

Richard J. Bollon DDS PC; 366 North Broadway, Jericho, NY 11753; Cal. No. 22800; Application for consent order granted; Penalty agreed upon: 24 months probation, $10,000 fine.

Arthur Merrill Chasin; P.O. Box 725, Merrick, NY 11566; Lic. No. 020598; Cal. No. 22904; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $7,500 fine.

Oliver Marvin Harmon; 932 Largo Center Drive, Largo, MD 20774; Lic. No. 026968; Cal. No. 22965; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, 100 hours of public service.

Engineering and Land Surveying

Neal A. O’Connor; Professional Engineer; 120 Tysen Street, Staten Island, NY 10301; Lic. No. 059548; Cal. No. 22890; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $2,500 fine.

Massage Therapy

Cary C. Smagala; 6 Fox Hollow Lane, Queensbury, NY 12804; Lic. No. 015515; Cal. No. 22905; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Nursing

Selina N. Uche; Licensed Practical Nurse; 44 Briggs Street, Rochester, NY 14611; Lic. No. 268564; Cal. No. 21623; Found guilty of professional misconduct; Penalty: Pursue and complete certain courses within 1 year, probation 1 year.

Shannon K. Harkins; Licensed Practical Nurse; 141 Water Street, Perry, NY 14530; Lic. No. 258604; Cal. No. 21859; Found guilty of professional misconduct; Penalty: Partial suspension in certain area for not less than one year and until present satisfactory proof of completion of certain course of retraining in said area, probation 2 years.

Shamsher Chauhan; Licensed Practical Nurse, Registered Professional Nurse; 33 Pheasant Run, Scarsdale, NY 10583; Lic. Nos. 195968, 419670; Cal. Nos. 22512, 22513; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for not less than 6 months and until fit to practice – upon termination of suspension 2 years probation, $1,000 fine.

Stacy Lynn Sharot a/k/a Stacy L. Burlison; Licensed Practical Nurse; 12½ Arthur Avenue, Endicott, NY 13760; 266 South Main Street, Nichols, NY 13812; Lic. No. 266117; Cal. No. 22524; Found guilty of professional misconduct; Penalty: Censure and Reprimand.

Timothy K. Murtaugh; Licensed Practical Nurse; 262 Ridgefield Drive, Middletown, CT 06457; Lic. No. 267115; Cal. No. 22661; Found guilty of professional misconduct; Penalty: 2 year suspension, execution of suspension stayed, probation 2 years, $500 fine.

Lorri Varese a/k/a Lorri A. Varese; Licensed Practical Nurse, Registered Professional Nurse; 9 Oelsner Drive, Northport, NY 11768; Lic. Nos. 248765, 525821; al. Nos. 22780, 22781; Application for cnsent order granted; Penalty agreed upon: Censure and Reprimand, 1 year probation, $500 fine.

Cheryl Kiss a/k/a Cheryl Kluchar; Registered Professional Nurse; 25 Hammersley Avenue, Poughkeepsie, NY 12601; Lic. No. 507284; Cal. No. 22794; Application for consent order granted; Penalty agreed upon: 6 month actual suspension, 18 month stayed suspension, 2 years probation to commence upon return to practice.

Laura J. Spiak; Licensed Practical Nurse; 511 Fourth Avenue, Watervliet, NY 12189; Lic. No. 088968; Cal. No. 22834; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $250 fine.

Kristine Lisa Welles a/k/a McKey; Registered Professional Nurse; 15263 McNamara Road, Holley, NY 14470; Lic. No. 391429; Cal. No. 22865; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice, upon termination of suspension 2 years probation to commence upon return to practice.

Heather Anne Benedict; Licensed Practical Nurse; 7 West Academy Street, McGraw, NY 13101; Lic. No. 237985; Cal. No. 22927; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $500 fine.

Ronald Paul Mastronardi; Registered Professional Nurse; P.O. Box 292, Jefferson Valley, NY 10535; Lic. No. 483943; Cal. No. 22929; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 24 months probation.

Slava Gotlib a/k/a Vycheslav Gotlib; Registered Professional Nurse; 55 Bay 34^th Street, Brooklyn, NY 11214; Lic. No. 507078; Cal. No. 22938; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $500 fine.

Christine A. Trischitta; Licensed Practical Nurse; 54 Trout Brook Road, Highland Mills, NY 10930; Lic. No. 167738; Cal. No. 22960; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Vicki Lee Buback; Registered Professional Nurse; 300 Phoenix Park Drive, Jacksonville, NC 28546; Lic. No. 499280; Cal. No. 22996; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice – upon termination of suspension 2 years probation to commence upon return to practice in New York State.

Pharmacy

Mary Jo Marino a/k/a Mary Jo Brown; 169 Old Niskayuna Road, Latham, NY 12110; Lic. No. 036576; Cal. No. 19540; Found guilty of professional misconduct; Penalty: Censure and Reprimand, $500 fine.

Rite Aid of New York Inc. #686; Retail Pharmacy; 9519 Foster Wheeler Road, North Dansville, NY 14437; Reg. No. 014308; Cal. No. 22405; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $5,000 fine.

Brad A. Vacchetto; 300 North Avenue, Rochester, NY 14626; Lic. No. 047814; Cal. No. 22886; Application for consent order granted; Penalty agreed upon: 3 year stayed suspension, 3 years probation, $5,000 fine.

Kenneth R. Horwitz; 8 Mohawk Place, Randolph, NJ 07869; Lic. No. 042014; Cal. No. 22966; Application for consent order granted; Penalty agreed upon: 1 year actual suspension, 1 year stayed suspension, 2 years probation.

Psychology

Yevgeniy Margulis a/k/a Yevgeniy D. Margulis a/k/a Eugene Margulis; 2126 Benson Avenue, Brooklyn, NY 11214; Lic. No. 014157; Cal. No. 22827; Found guilty of professional misconduct; Penalty: 24 month suspension, execution of last 18 months of suspension stayed, $1,250 fine to be paid within 90 days.

Public Accountancy

Lee Steven Epstein; Certified Public Accountant; 142 Murray Drive, Oceanside, NY 11572; Lic. No. 059732; Cal. No. 22869; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $1,500 fine.

Krinsky & Epstein, CPA, P.C.; 265 East Merrick Road, Valley Stream, NY 11590; Cal. No. 22870; Application for consent order granted; Penalty agreed upon: 1 year probation, $1,500 fine.

Yevgeniy Margulis a/k/a Yevgeniy D. Margulis a/k/a Eugene Margulis; Licensed Master Social Worker; 2126 Benson Avenue, Brooklyn, NY 11214; Lic. No. 052298; Cal. No. 22828; Found guilty of professional misconduct; Penalty: 24 month suspension, execution of last 18 months of suspension stayed, $1,250 fine to be paid within 90 days.

TO:	The Honorable the Members of the Board of Regents
FROM:	David Johnson
SUBJECT:	Summary of the December 2006 Meeting
DATE:	December 22, 2006
STRATEGIC GOAL:	Goal #4
AUTHORIZATION(S):

The Honorable the Members of the Board of Regents

Executive Summary

ACTION ITEMS

DISCUSSION ITEM

ACTION ITEMS

Charter Applications

BR (A) 1

STANDING COMMITTEE REPORTS

MATTERS NOT REQUIRING BOARD ACTION

AMENDMENT OF CHARTERS

SOUTH COUNTRY MONTESSORI SCHOOL

I. REVOCATION AND SURRENDERS