Appointments
SUMMARY OF THE JANUARY MEETING
OF THE BOARD OF REGENTS
OF
THE UNIVERSITY OF THE STATE OF NEW YORK
Held at the State Education Building
Albany, New York
January 9 and 10, 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, January 9 at 9:30 a.m. and Tuesday, January 10 at 12:45 p.m. pursuant to a call duly sent to each Regent.
MEETING OF THE FULL BOARD, Monday, January 9, 9:30 a.m.
Board Members in Attendance:
Robert M. Bennett, Chancellor
Adelaide L. Sanford, Vice Chancellor
Saul B. Cohen
James C. Dawson
Anthony S. Bottar
Merryl H. Tisch
Geraldine D. Chapey
Arnold B. Gardner
Harry Phillips, 3rd
Joseph E. Bowman, Jr.
James R. Tallon, Jr.
Milton L. Cofield
Roger B. Tilles
Also present were the President of The University and Commissioner of Education, Richard P. Mills, Counsel and Deputy Commissioner for Legal Affairs, Kathy A. Ahearn, and the Secretary, Board of Regents, David Johnson. Regents Lorraine Cortés-Vázquez and John Brademas were absent and excused.
Chancellor Bennett called the meeting to order at 9:30 a.m.
ACTION ITEM
Executive Session Motion
MOVED, that the Board of Regents convene in Executive Session on Tuesday, January 10, 2006 at 7:30 a.m., for the purpose of discussing a personnel matter.
Motion by: Vice Chancellor Adelaide L. Sanford
Seconded by: Regent Geraldine D. Chapey
Action: Motion carried unanimously
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 Roger B. Tilles
Seconded by: Regent James R. Tallon, Jr.
Action: Motion carried unanimously
DISCUSSION ITEMS
Commissioner’s Report to the Board
The Commissioner’s written monthly report focused on seven subject areas the Board will vote upon or discuss during the monthly meeting: Call to Action; Early Education – Policy Decision; Improving High School – The Essential Next Step; Policy Issues Relating to Persistently Dangerous Schools; A New VR System; Re-engineering the SED Grants Process; and, Regents Federal Agenda.
In discussion, Board members commented on the meeting item, Mathematics Teachers in New York City, requesting data for the rest of the State and requested expansion of the chart included in the Commissioner’s Regents item, Improving High School: The Essential Next Step, to include additional categories.
Regents Federal Legislative Agenda, Federal Legislation and Education
in New York State 2006
BR (D) 2
The Board received a draft of the Regents Federal Legislative Agenda which outlines the Regents legislative priorities for the second session of the 109th Congress.
Board members requested additional attention be given to the emergency funding act for students victimized by hurricanes and the library issues associated with authorization of the Patriot Act. Board members will submit additional changes for consideration prior to the February monthly meeting.
The final document will be presented to the Board for approval in February. Upon approval it will be distributed to members of Congress and congressional staff, advocacy groups and the public.
Analysis of Graduation Rates for the 2001 Student Cohort
BR (D) 3
The Board reviewed statewide graduation rate results for the 2000 and 2001 student cohorts and school-level graduation rate data for the 127 high schools identified as having graduation rates under 70 percent.
Following review of this information, the Board will commence discussions on: setting statewide targets for high school graduation; engaging boards of education and the New York City Chancellor to set local targets for graduation and to implement local strategies; and, mobilize The University of the State of New York (USNY) resources to support local implementation strategies.
In discussion, Board members noted that it is important not to focus exclusively on the 127 low performing high schools, that attention should be given to program development for students requiring five years of high school to graduate and, consideration must be given to the factors that can bring more relevance to the school experience for students.
Mathematics Teachers in New York City
BR (D) 4
In response to a request from the Board, staff presented information on mathematics teachers in the New York City school district.
In preliminary data, the district states that there are currently 679 teachers without certification in mathematics who are teaching the subject. The largest number of teachers in this group are teaching in the larger high schools, are certified in another subject and are not disproportionately assigned to low performing high schools.
The Board reviewed several actions included in the item that might be taken.
MEETING OF THE FULL BOARD, Tuesday, January 10, 12:45 p.m.
Board Members in Attendance:
Robert M. Bennett, Chancellor
Adelaide L. Sanford, Vice Chancellor
Saul B. Cohen
James C. Dawson
Anthony S. Bottar
Merryl H. Tisch
Geraldine D. Chapey
Arnold B. Gardner
Harry Phillips, 3rd
Joseph E. Bowman, Jr.
James R. Tallon, Jr.
Milton L. Cofield
Roger B. Tilles
Also present were the President of The University and Commissioner of Education, Richard P. Mills, Counsel and Deputy Commissioner for Legal Affairs, Kathy A. Ahearn, and the Secretary, Board of Regents, David Johnson. Regents Lorraine Cortés-Vázquez and John Brademas were absent and excused.
Chancellor Bennett called the meeting to order at 12:45 p.m.
ACTION ITEMS
Summary of the December 2005 Meeting
BR (A) 2
MOVED, that the Summary of the December 2005 Meeting of the Board of Regents of The University of the State of New York be approved.
Motion by: Regent Roger B. Tilles
Seconded by: Regent Joseph E. Bowman, Jr.
Action: Motion carried unanimously
State Education Department December 2005 Fiscal Report
BR (A) 3
The Board received for review and acceptance the December 2005 Fiscal Reports.
A Variance Report reflects the receipt of grant funding in the Office of Cultural Education for continuation of the State Map project and for the Latino/Hispanic History project.
General fund accounts are in structural balance with the exception of the Tenured Teacher Hearing program. The unmet 2004-05 Tenured Teacher Hearing costs were deferred to the 2005-06 State fiscal year and were paid with 2005-06 funds. A Deficiency Budget request has been submitted.
Federal funds are in structural balance. All revenue accounts are in balance, allowing for normal reimbursement delays and the planned use of prior year balances.
MOVED, that the Board of Regents accept the November 2005 State Education Department Fiscal Report as presented.
Motion by: Regent Anthony S. Bottar
Seconded by: Regent Roger B. Tilles
Action: Motion carried unanimously
DISCUSSION ITEM
Re-Engineering of Department’s Grants Management Process
BR (D) 1
The Board received a progress report on the modifications in the grants management process accomplished by a Department-wide workgroup. Included are: a single comprehensive assurance package used in all federal grant programs administered by the Department; a standardized RFP template; a streamlined FS10 budget format; an expedited payment process for certain federal grant programs to all educational agencies, except New York City, where guidelines are being developed for a similar process; a short form final expenditure report for agencies reporting on time and not selected as part of the risk-based auditing procedures; and, issued a Request for Information to gain information about successful e-grant systems that have been developed.
In discussion, Board members questioned whether the grant funds distributed as allocations or entitlements to eligible entities were consistent with the Board’s priorities and the methods of informing the public of the competitive or discretionary RFP process.
MISCELLANEOUS
Resolution in Recognition of Distinguished Service to James A. Kadamus
Chancellor Robert M. Bennett presented a Resolution in recognition of distinguished service to James A. Kadamus for his 32 years of dedicated leadership and service in securing a high quality education for all children of New York.
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 Joseph E. Bowman, Jr.
Seconded by: Regent James C. Dawson
Action: Motion carried unanimously
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 January 9, 2006. Regent Cortés Vázquez was absent and excused.
ACTION ITEMS
Charter Schools
- Your Committee recommends that initial charters be issued for the Elmwood Village Charter School, Buffalo, and the Harlem Success Charter School, New York City. [EMSC-VESID (A) 2]
- Your Committee recommends that renewal charters be issued for the Brighter Choice Charter School for Boys, Albany; the Brighter Choice Charter School for Girls, Albany; the Charter School for Applied Technologies, Kenmore; and the Riverhead Charter School, Riverhead. [EMSC-VESID (A) 2]
- Your Committee recommends approval of the following proposed charters: Achievement First Endeavor Charter School, New York City; Hyde Leadership Charter School, New York City; International Leadership Charter School, New York City; and Ross Global Academy Charter School, New York City. [EMSC-VESID (A) 4]
- Your Committee recommends that the following proposed charters be returned to the Chancellor of the New York City Department of Education for reconsideration: Lower East Side Charter School for Leadership Excellence, New York City; and Riverview Lighthouse Charter School, New York City. [EMSC-VESID (A) 4]
Policy
- Your Committee recommends approval of the Regents Policy Statement on Early Education for Student Achievement in a Global Community and directs staff to develop a plan for implementation of the Policy Statement. [EMSC-VESID (A) 1]
The description of Component 2 concerning statewide prekindergarten will be revised to indicate that a prekindergarten program for every three- and four-year old must be available through a variety of providers across the State. Staff will submit a proposed implementation plan at the March meeting that will include more detail on the parent/guardian opt out provision of changing the compulsory school age from 6 to age 5.
Your Committee recommends approval of the conceptual legislative proposal on financing full-day kindergarten for inclusion in the Regents 2006-07 legislative program. [EMSC-VESID (A) 3]
- Your Committee recommends that the following individuals be appointed to fill vacancies on the New York State Rehabilitation Council: Tina Conneely, John James DeCamilla, Kathleen Dollinger-Meyer, Susan Dooha, Connie Glover, Ernestine Daniels McElvene, Patricia Kelly McKay, Kimberly Walters, Jeanne Ricigliano, Sidette Warren and Christine Zachmeyer for a three-year term ending December 31, 2008. Jason McDonald to be reappointed to serve a three-year term ending December 31, 2008. [EMSC-VESID (CA) 4]
Petitions to Exceed Constitutional Debt Limit
- Your Committee recommends that the Board of Regents give consent to the issuance of bonds and/or bond anticipation notes by the Board of Education of the Batavia City School District in an amount not to exceed $14,365,800 to undertake the reconstruction and renovation of the Richmond Memorial Library and the Middle School and the issuance of such bonds and/or bond anticipation notes in excess of the constitutional debt limit of said school district. [EMSC-VESID (CA) 1]
- Your Committee recommends that the Board of Regents give consent to the issuance of bonds and/or bond anticipation notes by the Board of Education of the Jamestown City School District in an amount not to exceed $59,000,000 to undertake capital improvements at various school district buildings and the issuance of such bonds and/or bond anticipation notes in excess of the constitutional debt limit of said school district. [EMSC-VESID (CA) 2]
- Your Committee recommends that the Board of Regents give consent to the issuance of bonds and/or bond anticipation notes by the Board of Education of the Elmira City School District in an amount not to exceed $625,000 to purchase school buses, vans and station wagons; and the issuance of such bonds and/or bond anticipation notes in excess of the constitutional debt limit of said school district. [EMSC-VESID (CA) 3]
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 January 9, 2006, copies of which have been distributed to each Regent.
MATTERS NOT REQUIRING BOARD ACTION
Redesigning the future of vocational rehabilitation [EMSC-VESID (D) 1]
The Committee asked staff to articulate the connection between the Office of the Professionals and professional practice in the new design; to determine if a statutory amendment is needed, or whether the Commissioner has the authority to amend regulations, to require school construction projects to hire certain numbers of individuals with disabilities; to identify in the next report the policy issues the Regents will be asked to take action on; to include in the long-term implementation plan the need to do exit interviews and to follow-up with individuals who do not complete the 90-day job placements; to ensure the use of technology in accessing and exchanging information with consumers and providers; and to include high school leadership with VESID and other WIA partners in the planning of transition success for students.
Policy issues relating to violent and disruptive incident reporting and criteria for identification of persistently dangerous schools [EMSC-VESID (D) 2]
The March report to the Committee will focus on school climate and a supportive learning environment index. Staff was asked to provide the Regents offline with data and information on existing programs relating to school safety. The Committee discussed the status of discussions to align New York City’s data reporting with the rest of State and asked staff to notify them when meetings on school safety issues occur regionally.
New York State high school initiative [EMSC-VESID (D) 3]
Staff provided the Committee with their perception of whether there is an increased awareness of the urgency to improve high school graduation rates and highlighted strategies being undertaken by the 127 identified high schools.
Introduction of new Director of Bilingual Education, Pedro Ruiz
A comprehensive written report will be submitted to the Committee in March on the strategies to improve the performance of English language learners. The Committee discussed the plans to address the needs of students from English-speaking Caribbean countries; the increase in immigrant students coming from Somalia; a research agenda; and whether individual educational plans should be considered for English language learners.
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 January 9, 2006 in Room 146 of the State Education Building. Vice Chancellor Sanford, Regents Dawson, Gardner, Phillips, Bowman, Tilles and Tallon were in attendance. Regents Brademas and Cortés-Vázquez were absent.
Amendment of Sections 185.5, 185.13 and 185.14 of the Regulations of the Commissioner of Education regarding retention and disposition schedules CO-2 and MI-1 were discussed. The revised schedule MI-1 contains 36 new and 53 substantially revised items. Major revisions include new community college sections authorizing the disposition of records held by New York’s community colleges. Other sections in Schedules CO-2 and MI-1 have been updated based on changes to record keeping systems since 2002.
An overview of the current library funding situation, budget and legislative priorities for 2006 and plans for promotion of the New Century Libraries proposal was discussed by Janet Welch, State Librarian and Assistant Commissioner for Libraries. Despite the fundamental role that libraries play in support of learning, State funding for libraries has not increased since 1998. Strategies for improving library funding in 2006 were discussed.
Your Higher Education and Professional Practice Committee held its scheduled meeting on January 10, 2006. All Committee Members were present at the public session except for Regent John Brademas, who was excused. Regents Saul B. Cohen and Arnold B. Gardner were absent 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 4 cases. In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 28 consent order applications and 3 surrender applications be granted.
These recommendations are made following the review of 35 cases involving six licensed practical nurses, six licensed practical nurses who are also registered professional nurses, four pharmacists, three veterinarians, two professional engineers, two psychologists, two registered professional nurses, one chiropractor, one dentist, one dental professional corporation, and one midwife.
Approvals
Your Committee recommends that the Regents accredit the teacher education program offered by Sarah Lawrence College, as listed in the Summary of the Application for Accreditation and including the stipulations made by the Higher Education Subcommittee of the Professional Standards and Practices Board for Teaching, effective January 10, 2006, for a period beginning immediately and ending on January 9, 2013. [HE & PP (CA) 2]
Your Committee recommends that the Regents accredit the teacher education programs offered by Pratt Institute, Brooklyn and Manhattan, effective January 10, 2006, for a period beginning immediately and ending on January 9, 2009, with the following conditions: (1) that Pratt submit annual progress reports to the State Education Department with respect to the 27 areas for improvement cited in the Compliance Review Report and summarized in the Deputy Commissioner’s revised recommendation dated November 2, 2005; and (2) that Pratt undergo a focused site visit to be conducted three years from this action, and that such site visit shall indicate compliance with Regents’ Rules, including specific confirmation that (a) the faculty collective bargaining contract complies with Commissioner’s Regulations regarding faculty work load; (b) three new full-time faculty members have been added to the Education Department; and (c) all deficiencies cited in the Compliance Review Report have been corrected. [HE & PP (A) 1]
Your Committee recommends that the Regents accredit the teacher education programs offered by Daemen College, Amherst, effective January 10, 2006, for a period beginning immediately and ending on January 9, 2009, with the following conditions: (1) that the College submit annual progress reports to the State Education Department with respect to the 14 areas for improvement cited in the Compliance Review Report and summarized in the Deputy Commissioner’s revised recommendation dated November 9, 2005; and (2) that the College undergo a focused site visit to be conducted three years from this action, and that such site visit shall indicate compliance with Regents’ Rules, including specific confirmation that (a) faculty hired are working in the programs; (b) a proper assessment system is in place and data is properly collected; (c) bi-monthly meetings are held between Education and Liberal Arts faculty; (d) course sequencing and other curriculum adjustments have been made; and (e) all deficiencies cited in the Compliance Review Report have been corrected. [HE & PP (A) 2]
CONSENT AGENDA ITEMS
Your Committee recommends that the Regents approve the amendment of the master plan of Bramson ORT College, Queens, effective January 10, 2006, authorizing the College to offer a Medical Assistant Program leading to the Associate in Applied Science (A.A.S.) degree. [HE & PP (CA) 1]
Your Committee recommends that the Regents approve the amendment of the master plan of the State University of New York authorizing the State University of New York College of Technology at Delhi to offer a Bachelor of Technology degree program in Information Technology: Network Administration. [HE & PP (CA) 3]
Your Committee recommends that the Regents approve the appointment of Patrick Allen as co-chair of the State Professional Standards and Practices Board for Teaching to an unexpired term beginning January 10, 2006 and ending June 30, 2006. [HE & PP (CA) 4]
Your Committee recommends that the Regents approve the amendment of the master plan of Mildred Elley, authorizing the college to offer an Associate in Occupational Studies (A.O.S.) program in Game Design and 3D Animation. [HE & PP (CA) 5]
Your Committee recommends that the Regents approve the recommendations of the Committee on the Professions regarding Licensing Petitions. [HE & PP (CA) 6]
Your Committee recommends that the Regents approve the following appointments and reappointments to the State Boards for the Professions; Reappointment of Members to the State Board for Professional Medical Conduct; and Appointment 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) 7]
State Board for Medicine – appoint Constance Diamond (Massapequa Park) for a term commencing February 1, 2006 and expiring January 31, 2011;
State Board for Landscape Architecture – appoint J. Scott Lewendon (Glenmont) for a term commencing February 1, 2006 and expiring January 31, 2011;
State Board for Dietetics and Nutrition – reappoint Jane R. Levine (Ardsley) and Joan A. Friedrich (Yonkers) each for a term commencing February 1, 2006 and expiring January 31, 2011;
State Board for Professional Medical Conduct – reappoint Krishna RS Gujavarty (Port Jefferson) and Thomas W. King, Jr. (Albany) each for a term commencing March 1, 2006 and expiring February 28, 2009.
Your Committee also recommends that the Regents approve the following appointment 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) 7]
State Board for Architecture – appoint John Laping (Buffalo) for a term commencing January 1, 2006 and expiring December 31, 2010.
Your Committee recommends that the Regents amend the master plan of Medaille College to authorize the institution to relocate its M.S. Ed. in Education Preparation program for teacher certification to its Amherst campus. [HE & PP (CA) 8]
Your Committee recommends that the Regents approve the amendment to sections 61.2 and 61.18 of the Regulations of the Commissioner of Education, relating to the examination and residency program requirements for dental licensure, effective February 1, 2006. [HE & PP (CA) 9]
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 Licensing Examination in Certified Shorthand Reporting
The Committee discussed an amendment to the Regulations that would make a change in an examination requirement for licensure in certified shorthand reporting.
Presentation on the results of independent research on teacher pathways and student achievement
The Committee heard a presentation from Dr. Wyckoff and Dr. Boyd of the University of Albany on research they have completed to date on various pathways that candidates in New York State can take to enter the teaching profession and the relationship between the pathways by which students become certified and the impact teachers have on student achievement.
CPA Regulations
There was discussion in Executive Session on the legal authority of the Board of Regents to promulgate regulations to respond to disciplinary action taken by the federal government (PCAOB/SEC). Counsel’s office provided such clarity and based on this we expect revised regulations to be drafted for a policy discussion in March 2006.
Proprietary Colleges
Members of the Committee endorsed the charge to the State Education Department staff to come back to the committee with a comprehensive report on the process by which proprietary colleges are approved to operate in New York State. This request is precipitated by the recent accounts of fraud and other serious misconduct noted in New York and other states. The Department is further directed to not bring before the Board of Regents any future requests for new proprietary colleges to operate in this State until such review has occurred.
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 January 10, 2006, copies of which have been distributed to each Regent.
APPENDIX I
NEW YORK STATE BOARD OF REGENTS
CHARTER ACTIONS
HAMMONDSPORT PUBLIC LIBRARY. An application having been made by and on behalf of the trustees of Hammondsport Public Library, for an amendment of its charter, it was
Voted, that the absolute charter of the Hammondsport Public Library, located in Urbana, county of Steuben, state of New York, which was granted by action of the Board of Regents on February 11, 1938; which absolute charter was amended by Regents action on January 15, 1993 be, and the same is hereby amended to change the corporate name to “Fred and Harriett Taylor Memorial Library,” and to change the corporate address to 21 William Street, Hammondsport, New York 14840.
BAYSIDE LUTHERAN SCHOOL. An application having been made by and on behalf of the trustees of Bayside Lutheran School, for an amendment of its charter, it was
Voted, that the provisional charter of Bayside Lutheran School, located in Flushing, county of Queens, and state of New York, which was granted by action of the Board of Regents on April 18, 1986 under the corporate name “Bayside Lutheran School of Early Childhood; which provisional charter was made absolute by Regents action on July 24, 1987; which absolute charter was amended by Regents action on October 4, 2002 to change the corporate name to “Bayside Lutheran School” be, and the same hereby is, amended to change the corporate address to 35-10 156th Street, Flushing, New York 11354.
CRISTO REY NEW YORK HIGH SCHOOL. An application having been made by and on behalf of the trustees of Cristo Rey New York High School, for its provisional charter to be amended and, as so amended, extended, it was
Voted, that the provisional charter of Cristo Rey New York High School, located in Bronx, county of Bronx, state of New York, which was granted by action of the Board of Regents on December 13, 2002 be, and the same hereby is, amended to delete the second sentence in paragraph two of the provisional charter, which reads: “The School will be a college preparatory, Catholic High School serving Mott Haven and the surrounding communities of the South Bronx,” and replace it with the following sentence: “The School will be a college preparatory Catholic High School serving students in East Harlem and the surrounding communities in New York City,” and to change the corporate address to 112-118 East 106th Street, New York, New York 10029 and as so amended, extended until January 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 January 10, 2009 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.
EMMANUEL CHILDREN’S MISSION. An application having been made by and on behalf of the trustees of Emmanuel Children’s Mission, for its provisional charter to be amended and, as so amended, extended, it was
Voted, that the provisional charter of Emmanuel Children’s Mission, located in Mount Vernon, county of Westchester, state of New York, which was granted by action of the Board of Regents on October 5, 2001 be, and the same hereby is, amended to revise the corporate purposes in paragraph two of the provisional charter to read as follows:
2. The purposes for which such corporation is formed is to operate:
- a pre-kindergarten school for children three to five years of age;
- a kindergarten for five years-olds;
- a grade one through six elementary school; and
- a grade seventh and eighth middle school.
and to change the corporate address to 32 South Fifth Avenue, Mount Vernon, New York 10550-3109 and as so amended, extended until January 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 January 10, 2009 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.
THE FAMILY FOUNDATION SCHOOL An application having been made by and on behalf of the trustees of The Family Foundation School, for an amendment of its charter, it was
Voted, that the provisional charter of The Family Foundation School located in Hancock, county of Delaware, and state of New York, which was granted by action of the Board of Regents on July 27, 1990; which provisional charter was extended by Regents action on July 23, 1993 and made absolute on July 19, 1996; which absolute charter was amended by Regents action on June 21, 2005 be, and the same hereby is, amended to add authority for the corporation to also establish and operate day care centers within the state of New York, initially in Delaware County, provided however, before each such facility shall be established and opened, the prior written approval of the New York State Office of Children and Family Services (or the New York City Department of Health, for the day care centers located in New York City) must be obtained.
THE JEWISH ACADEMY AND EARLY CHILDHOOD DISCOVERY CENTER
Voted, that
1. A provisional charter valid for a term of three years is granted incorporating Rabbi Tuvia Teldon, Anita Kaufman, Jack Kulka, Joseph Heller, Chaya Teldon, and their associates and successors as an education corporation under the corporate name of The Jewish Academy and Early Childhood Discovery Center located in East Northport, county of Suffolk, and state of New York.
2. The purposes for which such corporation is formed is:
To operate a toddler program for two year olds, a Mommy and ME Program, a nursery school for preschool children from three to five years of age, a kindergarten for five years olds, a grade one through six elementary school, and a before and after school care program for children from five to twelve years of age. Nothing contained in this provisional charter shall otherwise directly or indirectly allow the corporation to establish or operate a day care center as that term is defined in the New York State Social Services Law.
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:
Rabbi Tuvia Teldon
65 Valleywood Road
Commack, NY 11725
Anita Kaufman
269-22 Grand Parkway
Suite 26-V
Floral Park, NY 11005-1010
Jack Kulka
16 Wyandanch Boulevard
Smithtown, NY 111787
Joseph Heller
121 Soundview Road
Huntington, NY 11743
Chaya Teldon
65 Valleywood Road
Commack, NY 11725
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 principal office of the corporation shall be located at 178 Cedar Road, East Northport, New York 11731.
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.
THE BRIDGE STREET PREPARATORY SCHOOL. An application having been made by and on behalf of the trustees of The Bridge Street Preparatory School, for its provisional charter to be extended, it was
Voted, that the provisional charter of The Bridge Street Preparatory School, located in Brooklyn, county of Kings, and state of New York, which was granted by action of the Board of Regents on April 27, 1990; which provisional charter was extended by Regents action on July 23, 1993 and September 13, 2002 be, and the same hereby is, extended until January 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 January 10, 2009 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.
INTERNATIONAL ASSOCIATION OF MEDICAL COLLEGES
Voted, that
1. A certificate of incorporation is granted incorporating Dr. Vicente O. Santos Jr., Yife Tien, Mahendra Patel, Dr. Thomas C. Shepherd, Dr. Jerry Thornton, Dr. David Fredrick, Dr. Charles Modica and their associates and successors as an education corporation under the corporate name of International Association of Medical Colleges, located in Bay Shore and county of Suffolk, state of New York.
2. The purpose for which such corporation is formed are:
To adopt quality standards for medical schools worldwide, evaluate schools requesting such evaluation for compliance with such standards, and publicly report findings. Nothing herein shall authorize the corporation to operate or maintain a college or University or to grant degree or credit leading to a degree, or engage in the practice of the profession of medicine or any other profession required to be licensed by the Title VIII of the Education Law, or provide professional training in the profession of medicine or any other profession required to be licensed by Title VIII of the Education Law.
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:
Dr. Vicente O. Santos, Jr.
Our Lady of Fatima University
120 MacArthur Highway
Valenzuela City, Metro Manila
Yife Tien
American University of the Caribbean
901 Ponce De Leon Blvd
Suite 401
Coral Gables, FL 33134
Mahendra Patel
Hope Medical Institute
11835 Rock Landing Drive
Newport News, VA 23606
Dr. Thomas C. Shepherd
Ross University
499 Thornall Avenue, 10th flr.
Edison, NJ 08837
Dr. Jerry Thornton
St. Matthew’s University
1750 Broadway Avenue, St 222
Oviedo, FL 32765
Dr. David Fredrick
SABA University
P.O. Box 368
Gardner, MA 01440
Dr. Charles Modica
St. George’s University
C/O University Services
1 East Main Street
Bay Shore, NY 11706
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 principal office of the corporation shall be located at 49 Fifth Avenue, Bay Shore, New York 11706.
10. The Commissioner of Education is designated as the representative of the corporation upon whom process in any action or proceeding against it may be served.
APPENDIX II
REGENTS ACTIONS IN 35 PROFESSIONAL DISCIPLINE CASES
January 9-10, 2006
The Board of Regents announced disciplinary actions resulting in the surrender of 1 certificate of incorporation and 2 licenses, and 32 other disciplinary actions. The penalty indicated for each case relates solely to the misconduct set forth in that particular case.
I. SURRENDERS
Dentistry
Vikramjit S. Anand, D.D.S., P.C.; 2309 Triphammer Road, Ithaca, NY 14850; Cal. No. 22269; Application to surrender certificate of incorporation granted, $5,000 fine. Summary: Respondent did not contest the charge of having been convicted of filing a false claim for Medicaid reimbursement.
Nursing
Llewellyn F. Bailey; Licensed Practical Nurse; 234-03 139th Avenue, Rosedale, NY 11422; Lic. No. 165034; Cal. No. 22438; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted of two counts of Grand Larceny in the 2nd Degree, a class C felony; four counts of Bribe Receiving in the 2nd Degree, a class C felony; and one count of Defrauding the Government, a class E felony.
Psychology
Peter Mies; 120 Bethpage Road, Hicksville, NY 11801; Lic. No. 010224; Cal. No. 22450; Application to surrender license granted. Summary: Licensee admitted to the allegation of having been convicted of Possessing a Sexual Performance by A Child, a class E felony.
II. OTHER REGENTS DISCIPLINARY ACTIONS
Chiropractic
David Robinson; 56850 Main Road, Southold, NY 11971; Lic. No. 006237; Cal. No. 22437; Application for consent order granted; Penalty agreed upon: 4 month actual suspension, 20 month stayed suspension, 2 years probation.
Dentistry
Chiu-Lun Lui; 12908 New Hampshire Avenue, Silver Spring, MD 20904; Lic. No. 033189; Cal. No. 22442; Application for consent order granted; Penalty agreed upon: 3 year actual suspension, 2 years probation, $1,000 fine.
Engineering and Land Surveying
Michael George Calvi a/k/a Michael Calvi; Professional Engineer; 152 Ridgewood Terrace, Chappaqua, NY 10514; Lic. No. 057806; Cal. No. 21553; Found guilty of professional misconduct; Penalty: 5 year suspension, execution of last 36 months of suspension stayed, probation 36 months.
Thomas P. Falzone; Professional Engineer; 211 Cedar Street, Corning, NY 14830; Lic. No. 047820; Cal. No. 22434; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, upon return to practice, 2 years probation, $1,000 fine.
Midwifery
Patricia Deibel; 1135 Genesee Park Boulevard, Rochester, NY 14619-1593; Lic. No. 000044; Cal. No. 21469; Application for consent order granted; Penalty agreed upon: Partial actual suspension of no less than 3 months in certain area until terminated as set forth in consent order application, probation 2 years if and when return to practice, $500 fine.
Nursing
Callie R. Crittenden; Licensed Practical Nurse, Registered Professional Nurse; 1639 Ontario Avenue, Niagara Falls, NY 14305; Lic. Nos. 177538, 389076; Cal. Nos. 20285, 20286; Found guilty of professional misconduct; Penalty: 5 year suspension, execution of suspension stayed, probation 5 years.
Tetiwe C. Muemba a/k/a Tetiwe Costance Mwemba; Registered Professional Nurse; 101 Elm Brook Drive, Manlius, NY 13104; 128 West Pleasant Street, Manlius, NY 13104; 107 Cherry Hill Road, Dewitt, NY 13214; Lic. No. 517350; Cal. No. 21405; Found guilty of professional misconduct; Penalty: Suspension for at least 1 year and until terminated as set forth in Regents Review Committee report – upon termination of suspension, probation 2 years, $1,000 fine.
Guirlene Sabine Clervoix; Licensed Practical Nurse, Registered Professional Nurse; 2 Mallory Court, New Castle, DE 19720; Lic. Nos. 251237, 496417; Cal. Nos. 21641, 21642; Application for consent order granted; Penalty agreed upon: 4 month actual suspension, 20 month stayed suspension, 2 years probation, $1,000 fine.
James Harrington Saylor; Licensed Practical Nurse; 3112 Lakeview Drive, Tobyhanna, PA 18466; Lic. No. 222338; Cal. No. 22251; Application for consent order granted; Penalty agreed upon: 2 month actual suspension, 22 month stayed suspension, 2 years probation, $250 fine.
Christine Chorowski a/k/a Christine McGuigan; Licensed Practical Nurse, Registered Professional Nurse; 26 Saltaire Place, Northport, NY 11768; Lic. Nos. 182439, 396237; Cal. Nos. 22259, 22260; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.
Tammy L. Provost; Licensed Practical Nurse; 2 Whaley Trailer Park, Waterbury, VT 05676-1307; Lic. No. 274783; Cal. No. 22283; Application for consent order granted; Penalty agreed upon: 6 month actual suspension, 18 month stayed suspension, upon return to practice 2 years probation.
Debbie Lee Thompson; Licensed Practical Nurse; 118 Liddle Lane, Norwich, NY 13815; Lic. No. 275249; Cal. No. 22378; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $250 fine.
Karen Marie Baker; Licensed Practical Nurse; 8289 Larkspur Drive, Baldwinsville, NY 13027; Lic. No. 255941; Cal. No. 22386; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $250 fine.
Adam Pawlowski; Licensed Practical Nurse, Registered Professional Nurse; 12-10 Bellair Avenue, Fairlawn, NJ 07410; Lic. Nos. 256071, 499780; Cal. Nos. 22416, 22417; Application for consent order granted; Penalty agreed upon: 6 month actual suspension, 18 month stayed suspension – upon return to practice 2 years probation, $500 fine.
Jennifer Quick Colville; Licensed Practical Nurse, Registered Professional Nurse; 4641 Southwest 25th Terrace, Dania, FL 33312; Lic. Nos. 224102, 465063; Cal. Nos. 22419, 22420; Application for consent order granted; Penalty agreed upon: Indefinite suspension for no less than 3 years, 2 years probation upon return to practice, consent order application to supercede Commissioner’s Order Nos. 21504 and 21505.
Lesley Mazie McCray-Simpson; Licensed Practical Nurse; 1109 East 215th Street, Bronx, NY 10469; Lic. No. 250176; Cal. No. 22459; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation.
Bonnie S. Dalewitz; Registered Professional Nurse; 15 Hemlock Trail, New City, NY 10956; Lic. No. 197369; Cal. No. 22465; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $2,500 fine.
Eileen Anne Holmes a/k/a Eileen Anne Brenner a/k/a Eileen A. Flaherty; Licensed Practical Nurse, Registered Professional Nurse; 3066 Lockwood Street, Port Charlotte, FL 33952; Lic. Nos. 158582, 457637; Cal. Nos. 22466, 22463; Application for consent order granted; Penalty agreed upon: Indefinite suspension of not less than six months – upon return to practice, 2 years probation, $500 fine.
Pharmacy
Sanjay Mahableshwar Hodarkar; 37 Poplar Road, Garnerville, NY 10923; Lic. No. 039419; Cal. No. 22273; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 24 months probation, $2,500 fine.
William A. Hogan; 1980 Third Avenue, New York, NY 10029; Lic. No. 027480; Cal. No. 22363; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $1,000 fine.
James Monahan; 20 Barton Avenue, Hoosick Falls, NY 12090; Lic. No. 030544; Cal. No. 22402; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $2,500 fine.
Jaya J. Kusumalayam; 11 Adams Lane, Suffern, NY 10901; Lic. No. 045106; Cal. No. 22464; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $2,500 fine.
Psychology
Michael A. Civin; 46 Sea Cliff Avenue, Sea Cliff, NY 11579; Lic. No. 010129; Cal. No. 22279; Application for consent order granted; Penalty agreed upon: 3 years actual suspension, with leave to apply for early termination as set forth in consent order application, $5,000 fine.
Veterinary Medicine
Melissa Erika Galluch; 9823 Darien Road, West Falls, NY 14170; Lic. No. 008548; Cal. No. 22380; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $1,500 fine.
Martin Wolf; 6118 Riverdale Avenue, Bronx, NY 10471; Sunnyridge Road, Harrison, NY 10528; Lic. No. 002732; Cal. No. 22428; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,500 fine.
Robert G. Raider; 74-10 Grand Avenue, Elmhurst, NY 11373; Lic. No. 004599; Cal. No. 22454; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,500 fine.