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Meeting of the Board of Regents | April 2009

Wednesday, April 1, 2009 - 11:00pm

 

 sed seal                                                                                                                             

 

 

THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

 

 

TO:

 

FROM:

Kathy A. Ahearn

SUBJECT:

Charter Applications for April 2009

 

DATE:

April 1, 2009

 

STRATEGIC GOAL:

Goal 2

 

AUTHORIZATION(S):

 

 

 

 

Summary

 

 

Issue for Decision

             

Approval of charter applications.

 

Reason(s) for Consideration

 

              Required by State statute (Education Law §§216, 217, 219).

             

Proposed Handling

             

Discussion and approval in accordance with the respective recommendations contained in the attached summaries of charter applications.

 

Procedural History

 

N/A       

 

Background Information

             

Summary recommendations have been prepared for a total of 28 charter actions.

 

             

Recommendation

             

It is recommended that the Regents approve each application in accordance with the recommendations contained in the respective summaries.

 

Timetable for Implementation

             

N/A


Regents Meeting                                                                                                                                       April 20-21, 2009

 

 

                                                                      CHARTERS

 

 

CULTURAL EDUCATION

 

 

ABSOLUTE CHARTERS

 

1.           Great Neck Library, Great Neck

2.           The Skaneateles Library Association, Skaneateles

3.           Town of Pelham Public Library, Pelham

4.           The Town of Porter Historical Society, Youngstown

5.           Voelker-Orth Museum, Flushing

 

AMENDMENT OF CHARTERS

 

6.           Arcade Free Library, Arcade

7.           Florida Public Library, Florida

8.           Fort Edward Free Library, Fort Edward

9.           Groton Public Library, Groton

10.         Haxton Memorial Library, Oakfield

11.         Lake Placid Public Library, Lake Placid

12.         North Chatham Free Library, Chatham

13.         Wadhams Free Library, Wadhams

 

 

PROVISIONAL CHARTERS

 

14.         Mechanicville Heritage Society, Mechanicville

15.         Tun Tavern Leathernecks Museum, Boonville

 

CERTIFICATE OF INCORPORATION

 

16.         Genealogy Federation of Long Island, Kings Park

 

 

 

 

 

 

 

 

 

 

l. CULTURAL EDUCATION

 

 

ABSOLUTE CHARTERS

 

 

No. 1

 

GREAT NECK LIBRARY

 

Great Neck, Nassau County

 

The board of trustees has petitioned the Board of Regents to form a corporation to operate an association library maintained to provide library services and facilities for the benefit and free use of all people residing in the Great Neck Union Free School District. The Office of Cultural Education recommends that an absolute charter in the first instance be granted.

 

 

No. 2

 

THE SKANEATELES LIBRARY ASSOCIATION

 

Skaneateles, Onondaga County

 

The board of trustees has petitioned the Board of Regents to form a corporation to operate an association library to serve the Village and Town of Skaneateles.  The Office of Cultural Education recommends that an absolute charter in the first instance be granted.

 

 

No. 3

 

TOWN OF PELHAM PUBLIC LIBRARY

 

Pelham, Westchester County

 

A provisional charter was granted to this corporation by action of the Board of Regents on February 26, 1988 to operate a library.  Such provisional charter was extended by Regents action on February 19, 1993.  The board of trustees has applied for an absolute charter. The Office of Cultural Education recommends that the provisional charter be made absolute.

 

 

 

No. 4

THE TOWN OF PORTER HISTORICAL SOCIETY

 

Youngstown, Niagara County

 

A provisional charter was granted to this corporation by action of the Board of Regents on April 24, 2001 to operate a historical society.  The board of trustees has applied for an absolute charter.  The Office of Cultural Education recommends that the provisional charter be made absolute.

 

 

No. 5

 

VOELKER-ORTH MUSEUM

 

Flushing, Queens County

 

A provisional charter was granted to this corporation by action of the Board of Regents on July 16, 1999 to operate a museum.  The board of trustees has applied for an absolute charter.  The Office of Cultural Education recommends that the provisional charter be made absolute.

 

 

AMENDMENT OF CHARTERS

 

 

No. 6

 

ARCADE FREE LIBRARY

 

Arcade, Wyoming County

 

A provisional charter was granted to this corporation by action of the Board of Regents on June 28, 1905 to operate a library.  Such provisional charter was made absolute by Regents action on May 2, 1912 and amended on April 27, 1916.  The board of trustees has applied for an amendment to the absolute charter to designate the service area to be the Town of Arcade, to specify the number of trustees to be not less than five nor more than twenty-five, 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.

 

No. 7

 

FLORIDA PUBLIC LIBRARY

 

Florida, Orange County

 

A provisional charter was granted to this corporation by action of the Board of Regents on September 13, 1991 to operate a library.  Such provisional charter was extended by Regents action on February 4, 1997 and made absolute on April 23, 2002.  The board of trustees has applied for an amendment to the absolute charter to change the trustee term length from five years to three years. The Office of Cultural Education recommends that the absolute charter be amended accordingly.

 

 

No. 8

 

FORT EDWARD FREE LIBRARY

 

Fort Edward, Washington County

 

A provisional charter was granted to this corporation by action of the Board of Regents on March 4, 1915 to operate a library.  Such provisional was extended by Regents action on December 20, 1940, June 21, 1946 and was made absolute on February 29, 1952.  The board of trustees has applied for an amendment to the absolute charter to designate the service area of the library to be the Town of Fort Edward, 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.

 

 

No. 9

 

GROTON PUBLIC LIBRARY

 

Groton, Tompkins County

 

An absolute charter in the first instance was granted to this corporation by action of the Board of Regents on May 17, 1946 to operate a library.  The board of trustees has applied for an amendment to the absolute charter to designate the service area of the library to be the Groton Central School District, to specify the number of trustees to be not 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.

 

No.  10

 

HAXTON MEMORIAL LIBRARY

 

Oakfield, Genesee County

 

A provisional charter was granted to this corporation by action of the Board of Regents under the corporate name “Oakfield Public Library” on June 28, 1963 to operate a library.  Such provisional was made absolute by Regents action on October 24, 1964 and amended on April 28, 1995 to change the corporate name to “Haxton Memorial Library”.   The board of trustees has applied for an amendment to the absolute charter to designate the service area of the library to be the Town of Oakfield, 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.

 

 

No. 11

 

LAKE PLACID PUBLIC LIBRARY

 

Lake Placid, Essex County

 

An absolute charter in the first instance was granted to this corporation by action of the Board of Regents on June 29, 1951 to operate a library.  Such absolute charter was amended by Regents action on June 17, 2003.  The board of trustees has applied for an amendment to the absolute charter to designate the service area of the library to be the Lake Placid Central School District 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.

 

 

No. 12

 

NORTH CHATHAM FREE LIBRARY

 

Chatham, Columbia County

 

A provisional charter was granted to this corporation by action of the Board of Regents on March 4, 1915 to operate a public library.  Such provisional charter was amended by Regents action September 14, 1916 and extended on September 19, 1941, September 19, 1947, March 28, 1952 and was made absolute on March 27, 1953  The board of trustees has applied for an amendment to the absolute charter to designate the service area of the library to be the Town of Chatham excluding that portion of the town which is located in the Chatham School District and excluding the portion of the Census Designated Place of Niverville (as of U.S. Census 2000) which is located in the Town of Chatham, to specify the number of trustees to be not less than nine nor more than fifteen, 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.

 

 

No. 13

 

WADHAMS FREE LIBRARY

 

Wadhams, Essex County

 

A provisional charter was granted to this corporation by action of the Board of Regents under the corporate name “Wadhams Mills Free Library Association” on November 4, 1897 to operate a library.  Such provisional charter was amended by Regents action on April 27, 1916 to change the corporate name to “Wadhams Free Library” and was further amended on March 1, 1917.  Such provisional charter was extended by Regents action on May 16, 1941, June 20, 1947, June 29, 1951, December 21, 1956, September 29, 1961 and was made absolute by Regents action on September 29, 1967.   Such absolute charter was amended by Regents action on October 20, 2008.  The board of trustees has applied for an amendment to the absolute charter to specify the number of trustees to be not less than five nor more than fifteen.  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

 

 

PROVISIONAL CHARTERS

 

 

No. 14

 

MECHANICVILLE HERITAGE SOCIETY

 

Mechanicville, Saratoga County

 

The board of trustees has petitioned the Board of Regents to form a corporation to encourage, promote and disseminate a greater knowledge among the public of the history of the State of New York and particularly of the City of Mechanicville, County of Saratoga; to establish and maintain a history museum in the former railroad depot open to the public relating to the history of Mechanicville; to collect, own, hold, maintain, preserve, and make available to the public an appropriate collection of historical objects, artifacts, documents and records; to arrange, create, maintain and promote appropriate historical exhibits and displays; to document the history of the industries and workers of the community; to educate future generations about the lives and stories of the community’s founders and former  residents; to encourage the suitable marking of places of historic interest; to acquire by purchase, gift, devise, or otherwise the title to or the custody and control of historic sites and structures, and preserve and maintain such sites and structures; to bring together those people interested in history, promote and support historical research and  scholarship, sponsor and organize historical and cultural activities, programs, and events for the public, and issue publications in any format; and to cooperate with county and state officials and historical organizations to collect and preserve materials of countywide and statewide significance. The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

 

 

No. 15

 

TUN TAVERN LEATHERNECKS MUSEUM

 

Boonville, Oneida County

 

The board of trustees has petitioned the Board of Regents to form a corporation to establish a museum to educate the public, students and others regarding the history, traditions and contributions of the United States Marine Corps and its members; and to conduct research including interviews of Marine Corps Veterans and their families and create an archive of interviews and documents and historical displays and exhibits depicting the history of the Marine Corps and its members.  The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

 

 

CERTIFICATE OF INCORPORATION

 

 

No. 16

 

GENEALOGY FEDERATION OF LONG ISLAND

 

Kings Park, Nassau County

 

The board of trustees has petitioned the Board of Regents to form a corporation to encourage public interest and participation in the collection and dissemination of genealogical and historical materials on Long Island and to promote harmony and cooperation among genealogy-related organizations on Long Island.  The Office of Cultural Education recommends that a certificate of incorporation be issued.

 

 

 

 

Regents Meeting

April 20-21, 2009

 

 

CHARTERS

 

 

ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

 

 

             

ABSOLUTE CHARTER

 

1.           Our Savior New American School, Centereach

 

 

AMENDMENT OF CHARTERS

 

2.           Bayside Lutheran School, Flushing

3.           Child Program and Family Resource Center, Schenectady

4.           Green Chimneys School for Little Folk, Brewster

5.           Hope Hall, Rochester

6.           The LearningSpring Elementary School, New York City

7.           Mary McDowell Center for Learning, Brooklyn

 

 

PROVISIONAL CHARTERS

 

8.           City of Faith Christian School, Bronx

9.           Resurrection Episcopal Day School, New York City

 

 

EXTENSION OF CHARTER

 

10.         La Escuelita, New York City

 

 

 

 


ll. ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

 

 

ABSOLUTE CHARTER

 

 

No. 1

 

OUR SAVIOR NEW AMERICAN SCHOOL

 

Centereach, Suffolk County

 

The board of trustees has petitioned the Board of Regents to form a membership corporation to operate a nursery school for preschool children ages three to five years of age, a universal pre-K program for four year olds, a kindergarten for five years olds, and a grades one through twelve school.  The Office of Nonpublic School Services recommends that the absolute charter in the first instance be granted.

 

 

AMENDMENT OF CHARTERS

 

 

No. 2

 

BAYSIDE LUTHERAN SCHOOL

 

Flushing, Queens County

 

A provisional charter was granted to this corporation by action of the Board of Regents on April 18, 1986 under the corporate name “Bayside Lutheran School of Early Childhood.”  Such provisional charter was amended and made absolute by Regents action on July 24, 1987.  Such absolute charter was amended on October 4, 2002 to change the corporate name to “Bayside Lutheran School” and to change the corporate address.  Such absolute charter was last amended by Regents action on January 10, 2006.  The board of trustees has applied for an amendment to the absolute charter to change the corporate address to 155-14 35th Street, Flushing, New York 11354.  The Office of Nonpublic School Services recommends that the absolute charter be amended accordingly.

 

 

No. 3

 

CHILD PROGRAM AND FAMILY RESOURCE CENTER

 

Schenectady, Schenectady County

 

A provisional charter was granted to this corporation by action of the Board of Regents on February 6, 2001 to plan, develop and operate center-based preschool and special education services for children with handicapping conditions birth to five years of age, to operate an after school program for children five to twelve years of age and to operate day care centers in Schenectady County.  Such provisional charter was consolidated by Regents action on February 6, 2001 with Christ Church Day Care Center, Inc. a membership corporation.  The board of trustees has applied for an amendment to the provisional charter to change the corporate address to 125 Bigelow Avenue, Schenectady, New York 12304 and to replace the language in paragraph of five of the provisional charter with the following: “The corporation hereby created shall (i) be a nonstock corporation which has one class of members; and (ii) be organized and operated exclusively for educational purposes, as defined in section 501(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code).  No part of the net earnings or net income of the corporation 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”.  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.

 

 

No. 4

 

GREEN CHIMNEYS SCHOOL FOR LITTLE FOLK

 

Brewster, Putnam County

 

A provisional charter was granted to this corporation by action of the Board of Regents on May 23, 1952 to operate a boarding and day school and to maintain a summer camp for children.  Such provisional charter was amended by Regents action on February 25, 1955  and amended and made absolute on September 20, 1957.  Such absolute charter was amended by Regents action on March 25, 1960 and July 28, 1989.  The board of trustees has applied for an amendment to the absolute charter to add authority for the corporation to also maintain and operate vocational and career training programs for grades nine through twelve at Green Chimneys’ Clearpool Education Center in Carmel, New York, at Green Chimney’s Gramercy Group Residence in New York City and at Green Chimneys’ campus in Brewster, New York; and to maintain and operate an extended school-year program for grades kindergarten through twelve at Green Chimneys’ aforementioned Clearpool Education Center, at Green Chimneys aforementioned Gramercy Group Residence and at Green Chimneys’ aforementioned campus.  The Office of Vocational and Educational Services for Individuals with Disabilities (VESID) has also been provided with an opportunity to review this action and the trustees have been advised that the granting of an amendment to the absolute charter does not constitute approval for state funding for the programs and services under the jurisdiction of VESID.  The Office of Nonpublic School Services recommends that the absolute charter be amended accordingly.

 

 

No. 5

 

HOPE HALL

 

Rochester, Monroe County

 

A provisional charter was granted to this corporation by action of the Board of Regents on June 24, 1994 to operate a grade three to eight elementary school for students with special learning needs who experience frustration and failure in the traditional classroom setting.  Such provisional charter was amended by Regents action on July 18, 1997 to include authority to operate a grade nine program, and as so amended, made absolute.  The board of trustees has applied for an amendment to the absolute charter to add authority for the corporation to also operate a grade ten through twelve program.  The Office of Nonpublic School Services recommends that the absolute charter be amended accordingly.

 

 

No. 6

 

THE LEARNINGSPRING ELEMENTARY SCHOOL

 

New York City, New York County

 

A provisional charter was granted to this corporation by action of the Board of Regents on December 20, 2001 to operate a kindergarten and a grade one through six elementary school for children with handicapping conditions.  Such provisional charter was amended by Regents action on May 23, 2006 to restate the corporate purposes and, as so amended, was made absolute.  The board of trustees has applied for an amendment to the absolute charter to restate the corporate purposes to establish, conduct, operate and maintain a kindergarten and grade one through eight elementary and middle school for children with disabilities, specifically children diagnosed on the autism spectrum, including children with pervasive developmental disorders, Asperger’s disorder and related disorders and disabilities; to develop educational strategies for children with such disabilities; to serve as a model school and to be a resource for parents, professionals and other schools; to disseminate information about the education of children with such disabilities; and to increase awareness and acceptance of such disabilities in the professional community and among the general public; to collaborate with research institutions and agencies to develop best practices in the education and treatment of children with such disabilities and; to provide after-school activities for children who have been diagnosed on the autism spectrum to support their educational programs and to encourage recreational skills and interests.  Except as authorized by Title VIII or other applicable statute, nothing herein shall authorize the corporation to engage in the practice of any profession in New York, engage in the training of any profession in New York or to use a professional title or term of any profession in New York in violation of  Title VIII of the Education Law.  The corporation will restrict the provision of counseling services to instruction, advice, support, encouragement or information to individuals, families, and relational groups, provided that this shall not include the diagnosis or treatment of mental, emotional, nervous, or behavioral disorders.  The Office of Nonpublic School Services and the Office of Professions recommends that the absolute charter be amended accordingly.

 

 

No. 7

 

MARY MCDOWELL CENTER FOR LEARNING

 

Brooklyn, Kings County

 

A provisional charter was granted to this corporation by action of the Board of Regents on March 23, 1990 to operate a kindergarten and elementary school program for learning disabled children ages 5 to 11.  Such provisional charter was made absolute by action of the Board of Regents on March 26, 1993 and was amended by Regents action on July 21, 2005 to include a change in the corporate purposes.  The board of trustees has applied for an amendment to the absolute charter to restate the corporate purposes to establish, conduct, maintain and operate a school for students with learning disabilities offering instruction at the elementary, middle, and high school levels from kindergarten through grade twelve, at one or more locations in the County of Kings, in the State of New York; to provide related and after school activities for children at all grade levels for educational support and development of recreational skills and interests.  The Office of Vocational and Educational Services for Individuals with Disabilities (VESID) has also been provided with an opportunity to review this action and the trustees have been advised that the granting of an amendment to the absolute charter does not constitute approval for state funding for the programs and services under the jurisdiction of VESID.  The Office of Nonpublic School Services recommends that the absolute charter be amended accordingly.

 

 

 

 

 

 

 

 

 

 

PROVISIONAL CHARTERS

 

 

No.  8

 

CITY OF FAITH CHRISTIAN SCHOOL

 

Bronx, Bronx County

 

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

 

 

No. 9

 

RESURRECTION EPISCOPAL DAY SCHOOL

 

New York City, New York County

 

The board of trustees has petitioned the Board of Regents to form a corporation to operate a nursery school for preschool children from 2.9 to five years of age and a kindergarten for five year olds.  The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.

 

 

EXTENSION  OF CHARTER

 

 

No. 10

 

LA ESCUELITA

 

New York City, New York County

 

A provisional charter was granted to this corporation by action of the Board of Regents on May 18,2 004 to operate a bilingual preschool and day care center.  The board of trustees has petitioned for an extension of the provisional charter. The Office of Nonpublic School Services recommends that the provisional charter be 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.

 

 

 

 

Regents Meeting

                                                                                                                               April 20-21, 2009

 

 

             

CHARTERS                               

             

                                   

                                                               

 

HIGHER AND PROFESSIONAL EDUCATION

 

 

 

AMENDMENT OF CHARTERS

 

    1.    Alfred University, Alfred

    2.    Maria College, Albany

 

 

 

             

 

 

 

     


III.          HIGHER AND PROFESSIONAL EDUCATION

 

 

 

AMENDMENT OF CHARTERS

 

 

No. 1

 

ALFRED UNIVERSITY

 

Alfred, Allegany County

 

This corporation was incorporated by Special Act of the Legislature pursuant to the provisions of Chapter 190 of the Laws of 1857 on March 28, 1857.  Such absolute charter  was amended by the Legislature in 1917 and by action of the Board of Regents on November 21, 1952 and May 27, 1977.  The board of trustees has applied for an amendment to the absolute charter to increase the number of trustees from 33 to 51.  The Office of Higher Education recommends that the absolute charter be amended accordingly.

 

 

No. 2

 

MARIA COLLEGE

 

Albany, Albany County

 

A provisional charter was granted to this corporation by Regents action on April 25, 1958 to establish and maintain a junior college for the higher education of the Sisters of Mercy of the Albany Diocese and for members of other religious orders, and to conduct therein courses of study leading to the degrees of Associate in Arts (A.A.) and Associate in Applied Science (A.A.S.) Such provisional charter was amended by Regents action on November 22, 1963 and, as so amended, made absolute. Such absolute charter was amended by Regents action on November 21, 1986, October 9, 2003 and February 12, 2007.  The board of trustees has applied for an amendment to the absolute charter to add authority for the corporation to offer the Bachelor of Science degree program in Nursing.  The Office of Higher Education and Office of Professions recommends that the absolute charter be amended accordingly.