Meeting of the Board of Regents | June 2008

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

 

TO:
FROM:	David Johnson
SUBJECT:	Summary of the May 2008 Meeting
DATE:	June 4, 2008
STRATEGIC GOAL:	Goal #4
AUTHORIZATION(S):

Executive Summary

 

Issue for Decision

 

              Review of the Summary of the May 2008 Meeting of the Board of Regents.

 

Proposed Handling

 

              Approval of the Summary of the May 2008 meeting.

 

Procedural History

 

              This document summarizes the actions of the Board of Regents during the monthly meeting and is brought before the Board the following month for approval.

 

Recommendation

 

              Approval of the Summary of the May 2008 meeting.

 

Timetable for Implementation

 

              Effective June 24, 2008.

 

VOTED, that the Summary of the May 2008 Meeting of the Board of Regents of The University of the State of New York be approved.

 

 

 

 

 

 

 

 

 

 

 

 

                             SUMMARY OF THE MAY MEETING

 

                                OF THE BOARD OF REGENTS

 

                                                    OF

 

                  THE UNIVERSITY OF THE STATE OF NEW YORK

 

 

 

 

 

 

 

                          Held at the State Education Building

Albany, New York

 

 

                                      May 19 and 20, 2008

 

 

 

 

 

 

                                            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, May 19 at 9:45 a.m. and Tuesday, May 20 at 12:00 pm. pursuant to a call duly sent to each Regent.

 

MEETING OF THE FULL BOARD, Monday, May 19, 9:45 a.m.

 

Board Members in Attendance:

 

Robert M. Bennett, Chancellor

Merryl H. Tisch, Vice Chancellor

Saul B. Cohen

James C. Dawson

Geraldine D. Chapey

Arnold B. Gardner

Harry Phillips, 3rd

James R. Tallon, Jr.

Roger B. Tilles

Charles R. Bendit

Lester W. Young, Jr.

 

 

              Also present were the Commissioner of Education, Richard P. Mills, Counsel and Deputy Commissioner for Legal Affairs, Kathy Ahearn, and the Secretary, Board of Regents, David Johnson.  Regents Anthony S. Bottar, Joseph E. Bowman, Jr., Milton L. Cofield, Karen Brooks Hopkins and Betty A. Rosa were absent and excused.

 

              Chancellor Robert M. Bennett called the meeting to order at 9:45 a.m.

 

ACTION ITEM

 

Executive Session Motion

 

              MOVED, that the Board of Regents convene in Executive Session on Tuesday, May 20 at 7:30 a.m. for the purpose of discussing pending litigation.

 

Motion by:                    Vice Chancellor Merryl H. Tisch

              Seconded by:           Regent James C. Dawson

              Action:                          Motion carried unanimously

 

 

 

 

 

DISCUSSION ITEM

 

Commissioner’s Report to the Board

 

              The Commissioner’s written monthly report focused on priority subject areas under consideration during the May monthly meeting: Reflections on the budget; Teacher tenure regulations; Contracts for Excellence – preliminary monitoring; Closing the achievement gap for students with disabilities; Rate-setting for special education programs; and, Teacher supply and demand.

 

 

MEETING OF THE FULL BOARD, Tuesday, May 20, 12:00 p.m.

 

Board Members in Attendance:

 

Merryl H. Tisch, Vice Chancellor

Saul B. Cohen

James C. Dawson

Geraldine D. Chapey

Arnold B. Gardner

Harry Phillips, 3rd

James R. Tallon, Jr.

Roger B. Tilles

Karen Brooks Hopkins

Charles R. Bendit

Betty A. Rosa

Lester W. Young, Jr.

 

 

              Also present were the Commissioner of Education, Richard P. Mills, Counsel and Deputy Commissioner for Legal Affairs, Kathy Ahearn, and the Secretary, Board of Regents, David Johnson.  Chancellor Robert M. Bennett, Regents Anthony S. Bottar, Joseph E. Bowman, Jr. and Milton L. Cofield were absent and excused.

 

              Vice Chancellor Merryl H. Tisch called the meeting to order at 12:00 p.m.

 

 

ACTION ITEMS

 

.

Charter Applications for May 2008

BR (A) 1

 

Supplemental Charter Application

BR (A) 5

 

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

 

 

Motion by:                    Regent Saul B. Cohen

              Seconded by:           Regent Geraldine D. Chapey

              Action:                          Motion carried unanimously 

 

Summary of the April 2008 Meeting

BR (A) 2

 

              MOVED, that the Summary of the April 2008 Meeting of the Board of Regents of The University of the State of New York be approved.

 

Motion by:                    Regent Saul B. Cohen

              Seconded by:           Regent Geraldine D. Chapey

              Action:                          Motion carried unanimously

 

Regents Monthly Meeting Dates, January – December 2009

BR (A) 3

 

              Monthly meeting dates for January – December 2009 were submitted for review and approval.  The schedule continues the policy of having eleven two-day meetings during the year, taking place approximately five weeks apart.

 

(2009)

 

  January 12-13                                       Monday-Tuesday

  February 9-10                                        Monday-Tuesday

  March 16-17                                          Monday-Tuesday

  April 20-21                                               Monday-Tuesday

  May 18-19                                                Monday-Tuesday

  June 22-23                                               Monday-Tuesday

  July 27-28                                                Monday-Tuesday

  September 14-15                                 Monday-Tuesday

  October 19-20                                       Monday-Tuesday

  November 16-17                                   Monday-Tuesday

  December 14-15                                  Monday-Tuesday

 

 

              MOVED, that the list of Regents meeting dates for the period January – December 2009 is approved.

 

Motion by:                    Regent Saul B. Cohen

              Seconded by:           Regent Geraldine D. Chapey

              Action:                          Motion carried unanimously

State Education Department April 2008 Fiscal Report

BR (A) 4

 

              The Board received the April 2008 Fiscal Report for review and acceptance.

 

              All general funds are in structural balance with the exception of the Tenured Teacher Hearing account.  Federal accounts are in structural balance.

 

Revenue accounts are in structural balance, allowing for normal reimbursement delays in the planned use of prior year balances with the exception of the Cultural Education account due to declining revenues and increased reliance on the account by other agencies.  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 April 2008 State Education Department Fiscal Report as presented.

 

              Motion by:                    Regent Saul B. Cohen

              Seconded by:           Regent James C. Dawson

              Action:                          Motion carried unanimously

 

Proposed Amendment to the Rules of the Board of Regents Relating to Standing Committees

BR (D) 1

 

              MOVED, that subdivisions (a) and (d) of section 3.2 and subparagraph (iv) of paragraph (11) of subdivision (a) of section 4-1.5 of the Rules of the Board of Regents be amended, as submitted, effective May 26, 2008, as an emergency action, upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare in order to immediately adopt revisions to conform the Rules of the Board of Regents to recent reorganization of the committee structure of the Board of Regents, and thereby assist the Board of Regents to efficiently and effectively meet its statutory responsibilities, and to otherwise ensure that the emergency rule that was adopted at the February 2008 Regents meeting remains continuously in effect until the effective date of its adoption as a permanent rule.

 

           Motion by:                     Regent James C. Dawson

              Seconded by:           Regent Geraldine D. Chapey

              Action:                          Motion carried unanimously

 

DISCUSSION ITEMS

 

2008-2009 State Budget

BR (D) 2

 

              The Board received an update on the impact of the 2008-2009 enacted State budget and the Statewide 3.35 percent State Operations spending reduction for all General Fund and Special Revenue – Other accounts.

 

Update on Implementing Changes to the Special Education Tuition Rate Setting System

BR (D) 3

 

This item was postponed to the June 2008 Meeting.

 

Progress Report on Work of the Three Consultants: McKinsey and Company, the Parthenon Group, and Nelson Mullins Riley

BR (D) 4

 

              The Board received a progress report on the work of three consultant firms, McKinsey & Company, the Parthenon Group, and Nelson Mullins Riley (formerly Holland & Knight).  These firms, supported by $6.2 million in funding from the Bill & Melinda Gates Foundation and the Wallace Foundation, are working collaboratively to assist the Regents and State Education Department in developing strategies to improve New York State’s high school graduation rates, college readiness and college completion rates.

INFORMATION ITEMS

 

Report on Standards Review

Oral

 

              Regent Saul B. Cohen, chair of the Regents Standards Review Committee, provided a status report on the review and revision of the New York State learning standards.

 

              The Standards Review Steering Committee and the ELA/ESL Content Panel have begun their work, each meeting several times since their creation in February 2008.  In addition, to receive public input in the process, five regional forums have been held across the State.  

Briefing on Teaching in Urban Areas

Oral

 

              Senior Deputy Commissioner Johanna Duncan-Poitier provided an oral summary of the regional meeting of the Committee on Higher Education on May 12 that focused on a conversation with a panel of discussion participants on improving recruitment and preparation of teachers for urban education.  The attendees, ten members of the Board and ten representatives from Teacher Corps programs, the New York City Leadership Academy, Yonkers City School District, Principals, and Deans of Schools of Education, discussed issues and effective practices related to recruiting, retaining and preparing teachers and school leadership in urban education.

 

MISCELLANEOUS

 

2007 Louis E. Yavner Awards for Teaching About the Holocaust

 

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

 

              Ms. Barbara A. Bernard, an adjunct supervisor at SUNY Oneonta and a retired social studies teacher in the Kings Park Central School District, was presented the 2007 Yavner Teaching Award.  Ms. Bernard received a formal citation and a check in the amount of $250.

 

              Mr. Fred Bachner, a Holocaust educator and community leader from Somers, New York, was presented the 2007 Louis E. Yavner Citizen Award.  Mr. Bachner received a formal citation and a check in the amount of $250.

 

Resolution in Recognition of Distinguished Service

Janet Martin Welch

                           

                            Regent James C. Dawson presented a Resolution in Recognition of Distinguished Service to Janet Martin Welch for her eleven years of outstanding leadership and service as Assistant Commissioner for Libraries and State Librarian for New York. 

 

                            The Resolution is attached as Appendix III.

 

Commissioner’s Summary

Oral

 

              Commissioner Richard P. Mills summarized the meeting, including significant actions and policy discussions by the Standing Committees.  These include: teacher supply and demand; use of “university” in the names of higher education institutions; impact of the TEACH web-based certification system; Grade 3-8 testing administration and scoring; closing the achievement gap for children with disabilities; update on corporate practice issues; third year of the State aid foundation formula; and, the New York Digital Collection initiative.          

             

STANDING COMMITTEE REPORTS

 

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

 

 

 

              Motion by:                    Regent James R. Tallon, Jr.  

              Seconded by:           Regent Saul B. Cohen

              Action:                          Motion carried unanimously

 

             

 

REGENTS COMMITTEE ON ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

 

Your EMSC Committee held its scheduled meeting on May 19, 2008.  All Committee members were present except for Regents Bottar and Bowman, who were excused. 

 

 

ACTION ITEMS

 

Contracts for Excellence

 

              Your Committee discussed revisions to the proposed regulations as a result of the 2008-09 State budget and extensive public comment.  Senior Deputy Commissioner Johanna Duncan-Poitier gave a brief update on the monitoring of current programs.  A more detailed item on monitoring will be brought to the Committee in June.

 

              The Committee recommends that section 100.13 and section 170.12 of the Regulations of the Commissioner be amended as submitted, effective May 20, 2008, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare in order to adopt revisions to the rule in response to public comment and Chapter 57 of the Laws of 2008 and to otherwise ensure that the emergency rule that was adopted at the April 2007 Regents meeting, revised and readopted at the June and July 2007 Regents meetings, and readopted at the September and October 2007 and January and March 2008 Regents meetings, remains continuously in effect until the effective date of its adoption as a permanent rule.  [EMSC (A) 1]

 

Consent Agenda

 

Your Committee recommends that the Board of Regents amend section 100.2(x)(1)(vi) of the Regulations of the Commissioner of Education to clarify the definition of "unaccompanied youth" and amend section 100.2(x)(7)(ii) to clarify school district's' responsibilities regarding disputes concerning transportation or status of a homeless child or youth, as submitted, effective June 12, 2008.  [EMSC (CA) 1]

 

Your Committee recommends that the Board of Regents hereby give consent to the issuance of bonds and/or bond anticipation notes by the Board of Education of the Stockbridge Valley Central School in an amount not to exceed $5,832,000 to undertake the reconstruction of various district buildings and an amount not to exceed $163,465 to purchase school buses and the issuance of such bonds and/or bond anticipation notes in excess of the constitutional debt limit of said school district.  [EMSC (CA) 2]

Your Committee recommends that the Board of Regents hereby give consent to the issuance of bonds and/or bond anticipation notes by the Board of Education of the Gloversville City School District in an amount not to exceed $24,885,200 to undertake the additions to and reconstruction of various district buildings and an amount not to exceed $400,000 to purchase five school buses and the issuance of such bonds and/or bond anticipation notes in excess of the constitutional debt limit of said school district.  [EMSC (CA) 3]

 

Charter Schools

 

Your Committee recommends that the Board of Regents approve and issue the charter of the Achievement First North Crown Heights Charter School as proposed by Trustees of the State University of New York, and issue a provisional charter to it for a term of five years, up through and including May 19, 2013.  [EMSC (A) 2]

 

Your Committee recommends that the Board of Regents approve and issue the second renewal charter of the Bronx Charter School for Better Learning as proposed by the Board of Trustees of the State University of New York, and that its provisional charter be extended for a term up through and including July 30, 2013.  [EMSC (A) 3]

 

Your Committee recommends that the Board of Regents approve and issue the third renewal charter of the Family Life Academy Charter School as proposed by the Board of Trustees of the State University of New York, and that its provisional charter be extended for a term up through and including June 29, 2013.  [EMSC (A) 4]

 

Your Committee recommends that the Board of Regents approves the renewal application of the Riverhead Charter School, that a second renewal charter be issued, and that its provisional charter be extended for a term up to and including June 30, 2009.  [EMSC (A) 5]

 

Your Committee recommends that the Board of Regents approve the revision to the initial charter of the Harlem Success Academy Charter School, and the provisional charter is amended accordingly.  [EMSC (A) 6]

 

Your Committee recommends that the Board of Regents approve the revision to the initial charter of the Bronx Lighthouse Charter School as proposed by the Chancellor of the city school district of the city of New York, and the provisional charter is amended accordingly.  [EMSC (A) 7]

 

Your Committee recommends that the Board of Regents return the proposed fourth renewal charter of the King Center Charter School to the Trustees of the State University of New York for reconsideration, with the following comments and recommendations: To consider any comments received at the hearing to be scheduled by the Board of Education of the City School District of the City of Buffalo.  [EMSC (A) 8]

 

 

MOTION FOR ACTION BY FULL BOARD

 

              Mr. Chancellor and Colleagues:  Your EMSC 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 May 19, 2008, copies of which have been distributed to each Regent.

 

MATTERS NOT REQUIRING BOARD ACTION

 

Grade 3-8 Testing Administration and Scoring Timeline – The Committee discussed short and long-term strategies to improve the administration, scanning and scoring of the Grades 3-8 Math and English Language Arts exams.  Related issues discussed were the timing of the exams; the purpose of the exams (accountability, instructional planning and evaluation of programs); and costs associated with electronic scoring.  The Committee also talked about how the growth model currently in development corresponds to the testing schedule now in place.  Staff have asked the Department’s consultants to review the material on this issue and provide comments/suggestions.  Further discussion on this topic will take place at a future meeting.  [EMSC (D) 1]

 

2008-09 State Budget Update for P-16 Education – The Committee discussed highlights of the 2008-09 budget as it pertains to P-16 education.  Staff provided information on which programs were given additional funding and which programs had their funding reduced and responded to questions about how school districts learn about and apply for available funding.  Specifically, the Committee asked about the funding of after school programs and centered their discussion on such issues as equitable distribution and program sustainability.  [EMSC (D) 2]

 

 

REGENTS COMMITTEE ON VOCATIONAL AND EDUCATIONAL SERVICES FOR INDIVIDUALS WITH DISABILITIES

 

Your VESID Committee held its scheduled meeting on May 19, 2008.  All members were present, with the exception of Regent Bowman who was excused.  Chancellor Bennett, Vice-Chancellor Tisch, Regents Phillips and Brooks Hopkins also attended.

 

MATTERS REQUIRING BOARD ACTION

 

              The Committee voted to approve the Amendment to the State Plan for Vocational Rehabilitation and Supported Employment Services, effective October 1, 2008.

 

MATTERS NOT REQUIRING BOARD ACTION

 

Staff provided a report on actions and key initiatives of the Vocational Rehabilitation’s Quality Assurance and Monitoring Unit.  The Unit’s goals are to ensure efficient Vocational Rehabilitation program operations and delivery of quality services; ensure that assets are protected and public funds are expended appropriately; and ensure that applicable Federal and State laws, as well as agency regulations, policies, and procedures and guidelines are met.

 

Staff provided a report identifying specific actions implemented by VESID during the 2007-2008 school year to implement the identified actions in the P-16 Education:  A Plan for Action and next steps for continuing progress.  Topics discussed included:

 

 

The Committee discussed proposed regulations relating to the provision of special education services for parentally placed nonpublic school students. The proposed regulation would add a new section to Part 177 of the Regulations to:  1) establish the process by which a claim by a school district of location for reimbursement of costs to provide special education to a New York State resident student with a disability who resides in another school district, may be made to the school district of residence; and 2) describe the process for an administrative review by the State Education Department when the school district of residence disputes the amount of the claim by the district of location.  The proposed regulation will be submitted for action at the July meeting following receipt of public comment.

 

The Committee discussed proposed revised amendments to regulations related to definitions of “school health and school nurse services” and “transition services”; the parties that can make a referral for an initial evaluation of a student suspected of having a disability; the provision of special education services to parentally placed students; the chairperson of the Committee on Special Education (CSE); agreements between school districts and parents regarding attendance of CSE or Committee on Preschool Special Education (CPSE) members; the three-year reevaluation of a student; and changes to an individualized education program (IEP) after the annual review without a meeting; participation of a representative from Early Intervention in the CPSE meeting of a child transitioning from EI to preschool special education; and timelines for provision of services to preschool students.  These amendments would conform the Regulations of the Commissioner of Education to NYS Education Law.  It is anticipated that the proposed amendment will be presented for permanent adoption at the July Regents meeting.

 

                                 REGENTS COMMITTEE ON HIGHER EDUCATION

 

              Your Higher Education Committee held its scheduled meeting on May 19, 2008. All members were present except for Regent Bottar, who was excused.   

 

Action Items

 

Action Items

 

              Your Committee recommends that the Board of Regents renew the institutional accreditation of New York Career Institute with condition, for a period of three years, ending on May 20, 2011, during which time the Institute must come into full compliance with the standards for institutional accreditation, with annual progress reports due each year.  [HE (A) 1]

 

Your Committee recommends that the Board of Regents accredit the Louis V. Gerstner, Jr., Graduate School of Biomedical Sciences, Memorial Sloan-Kettering Cancer Center for a period of six years ending on May 20, 2014.  [HE (A) 2]

 

Your Committee recommends that the Board of Regents accredit Northeastern Seminary for a period of ten years ending on May 20, 2018.  [HE (A) 3]

 

Consent Agenda Items

 

Your Committee recommends that the Board of Regents approve a master plan amendment authorizing Broome Community College to offer an Associate in Science degree program in Music.  This amendment will be effective until May 20, 2009, unless the Department registers the program prior to that date, in which case master plan amendment shall be without term.  [HE (CA) 1]

 

              Your Committee recommends that the Board of Regents approve a master plan amendment to authorize the New York Studio School, New York, to offer an M.F.A. program in Painting or Sculpture.  This amendment will be effective until May 31, 2009, unless the Department registers the program prior to that date, in which case master plan amendment shall be without term.  [HE (CA) 2]

 

              Your Committee recommends that the Board of Regents approve an amendment to the master plan of Long Island University – C.W. Post Campus authorizing the University to offer the Doctor of Education (Ed.D.) degree program in Interdisciplinary Educational Studies.  This amendment will be effective until April 15, 2009, unless the program is registered by the Department prior to that date, in which case master plan amendment shall be without term.   [HE (CA) 3]

 

              Your Committee recommends that the Board of Regents approve the amendment to the master plan of the State University of New York authorizing the State University of New York College of Agriculture and Technology at Cobleskill to offer the Bachelor of Technology (B.Tech.) degree in Information Technology.  This amendment will be effective until May 20, 2009, unless the Department registers the program prior to that date, in which case master plan amendment shall be without term.  [HE (CA) 4]

 

              Your Committee recommends that the Board of Regents extend Globe Institute of Technology’s temporary authorization to award degrees until June 24, 2008.  The Committee will discuss a more detailed item on this subject at their June 2008 meeting. [HE (A) 4]

 

MOTION FOR ACTION BY FULL BOARD

 

              Mr. Chancellor and Colleagues:  Your Higher Education 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 May 19, 2008, copies of which have been distributed to each Regent.

 

 

                                      MATTERS NOT REQUIRING BOARD ACTION

 

              Your Committee discussed several topics of interest, including:

 

P-16 Implementation:  TEACH System Effects on the Supply of Qualified Teachers – This item was moved to the June 2008 meeting.   [HE (D) 1]

 

Use of “University” in the Names of Institutions –  Your Committee had a policy discussion about the definition of “university” in New York State, established by the Regents 40 years ago, and requests received from a few institutions for the Regents to modify the definition.  The Committee did not see evidence at this time that the definition needs to be adjusted.   [HE (D) 2]

 

Implementation of Rules Regarding Teacher Tenure Determinations – Your Committee discussed revised preliminary draft regulations as a result of new language on teacher tenure in the 2008-09 State budget.  The primary change is the addition of language that states that a teacher shall not be granted or denied tenure based on student performance data.  The proposed regulations will now go out for further public comment and be brought back to the Regents for emergency adoption in June 2008.   [HE (D) 3]

 

Progress Report on Teacher Supply and Demand [HE (D) 4] – The Committee discussed the third in a series of teacher supply and demand reports as part of the Department’s ongoing evaluation of the Regents teaching policy. The report identified shortage subject areas and geographic regions.  The Committee also expressed the importance of sharing this information with school districts to help them meet their hiring needs; institutions that have teacher education programs to inform planning; and students to identify where job openings are and where shortages exist.

 

 

REGENTS COMMITTEE ON PROFESSIONAL PRACTICE

 

              Your Professional Practice Committee held its scheduled meeting on May 20, 2008.  All members were present except for Regent Anthony S. Bottar and Regent Milton L. Cofield who were absent and excused. 

 

ACTION ITEMS

 

Professional Discipline Cases

 

              Your Committee recommends that the reports of the Regents Review Committees, including rulings, findings of fact, determinations as to guilt, and recommendations, by unanimous or majority vote, contained in those reports which have been distributed to you, be accepted in 8 cases.  In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 28 consent order applications and 7 surrender applications be granted.  [PPC EXS (A) 1-3]

 

              These recommendations are made following the review of 43 cases involving nine licensed practical nurses, five dentists, five pharmacists, five registered professional nurses, four certified public accountants, two licensed practical nurses who are also registered professional nurses, one clinical laboratory technologist, one chiropractor, one massage therapist, one occupational therapist, one pharmacy, one physical therapist assistant, one podiatrist, one professional engineer, one psychologist, one respiratory therapist, and one veterinarian.

 

Restoration Petitions

             

              Voted, that the Board of Regents deny the petition for restoration of the physician license of Alexander Sporn.  [PPC EXS (A) 4]

 

              Voted, that the Board of Regents deny the petition for restoration of the physician license of Paul Andrew Visconti.  [PPC EXS (A) 5]

 

Consent Agenda

 

              Your Committee recommends that the Board of Regents approve the recommendations of the Committee on the Professions regarding licensing petitions.  [PPC (CA) 1]

 

              Your Committee recommends that the Board of Regents approve the appointments and reappointment of members to the State boards for the professions; and an appointment and reappointment of extended members to the State boards for the professions for service on licensure disciplinary and/or licensure restoration and moral character panels.  [PPC (CA) 2]

 

Your Committee recommends that the Board of Regents approve the resolution to add Herpes Zoster Vaccine (shingles) to the list of immunizations that may be administered to adults pursuant to non-patient specific orders and protocols. The vaccine has been determined by the Centers for Disease Control and Prevention and the NYS Department of Health to be an effective and safe immunizing agent for adults.  [PPC (CA) 3]

 

 

MOTION FOR ACTION BY FULL BOARD

 

              Mr. Chancellor and Colleagues:  Your Higher Education and Professional Practice Committee recommends, and we move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on May 20, 2008, copies of which have been distributed to each Regent.

 

MATTERS NOT REQUIRING BOARD ACTION

              Your Committee discussed several topics of interest, including:

 

• Associate Commissioner’s Report -- This report discussed with the Committee updates on a range of topics that relate to the work of that committee.  [oral report]

 

• Clinical Laboratory Education Regulations -- This item updated the Committee members on last month’s conceptual discussion of the clinical laboratory education regulations and the actual proposed regulatory language prior to the submission of these regulations for action at the July Regents meeting.  [PPC (D) 4]

 

• “Planting the Seed” -- This project will strengthen the role of the licensed professions in improving P-16 performance by establishing links with P-16 schools, professional associations, and others to introduce students to career opportunities in the professions, and to enable and encourage them to explore those opportunities.  [PPC (D) 5]

 

• Summary Suspension Proceedings -- These proceedings are for the Regents to consider summarily suspending a license before the completion of the usual hearing process.  The Board’s guidance is requested on factors to be required before a case is prosecuted and whether the process should be streamlined or otherwise revised.  [PPC (D) 2]

 

• Rules/Regulation Concept Discussion – Currently licensees are required to report disciplinary actions in other jurisdictions and criminal convictions to the Department at the time of re-registration, which occurs every three years.  This rule would require that licensees report such actions and convictions within 60 days, thus providing the Department with more timely information and the opportunity to take more timely disciplinary action if warranted.  [PPC (D) 1]

 

• Corporate Practice of the Professions – This item discussed the general prohibition against the practice of the professions by business corporations, the challenges raised by recent proposals such as those concerning the provision of health services in correctional facilities and the establishment of health clinics in retail businesses, and the importance of reaffirming the corporate practice prohibition.  [PPC (D) 3]

 

REGENTS COMMITTEE ON CULTURAL EDUCATION

 

Your Committee on Cultural Education had its scheduled meeting on May 20, 2008.  Regents Dawson, Gardner, Brooks Hopkins, Phillips, and Tilles attended; Regent Bowman was absent.  Also, in attendance were Regents Rosa and Young.

 

 

ITEMS FOR DISCUSSION

 

 

Chairs’ Remarks: Regent Dawson greeted everyone and opened the meeting with a brief report.

 

Deputy’s Report: Deputy Commissioner Jeffrey Cannell greeted everyone.  Mr. Cannell began his report with the announcement that the State Historical Records Advisory Board has been awarded an NHPRC grant from its new Supplemental Partnership grants program.  These grants support efforts to improve statewide, regional, or national collaborations and services.  The grant is for $41,000 and will be used to support the SHRAB's priority activities and to collaborate with colleges and universities statewide to deliver electronic records training.

 

Mr. Cannell had provided the CE Committee members with a multi-page Deputy’s Report and made copies of the report available to members and guests.

 

 

CE (D) 1SHRAB (New York State Historical Records Advisory Board) Strategic Plan              (2008-2012)

 

Christine Ward, Assistant Commissioner and State Archivist, spoke briefly providing background information and introduced Geoff Williams, Co-chair of SHRAB who presented to the Committee the strategic priorities for 2008 for SHRAB and the expected actions, partners and resources for each.

 

• Ensure the preservation of and access to archival electronic records
• Ensure that New York’s historical records repositories are prepared for natural and human-caused disasters
• Promote broad access to historical records held in New York’s 3000 historical records repositories
• Advocate for federal/state support for historical records programs in New York

 

A handout outlining the plan was made available.  It is expected a copy of the plan would be available on-line in the fall.

 

 

CE (D) 1: (Policy Proposal) Recommendations of the Regents Advisory Council (RAC) On Libraries (RAC, the oldest continuing Regents advisory council advises the Board on issues concerning library policy)

 

Janet Welch, State Librarian introduced the seven members of the Regents Advisory Council on Libraries who were in attendance: Tim Johnson, Carol Tauriello, Jill Hurst-Wahl, Jerry Nichols, Ellen Bach and Norm Jacknis, vice-chair of the Regents Advisory Council on Libraries.  Before Mr. Jacknis began his presentation, he thanked the Regents for their increased advocacy efforts on behalf of New York’s libraries and library systems and library users and supporters. He outlined the successes and disappointments of the 2008 State budget in relation to libraries and summarized the Council’s 2008 policy recommendations to the Board of Regents.  The Council recommends adoption of the following as a Board Regents priority 2009-2010 budget and legislative proposal for libraries:

 

 

Hard copies of the Regents Advisory Council on Libraries’ Report were made available to CE Committee members and meeting guests.

The Report from RAC also addresses and includes information pertaining to Regents Item (CE (D) 3 - the New York Digital Collection Initiative - a multi-phase project that includes all institutions within the Office of Cultural Education and will ultimately involve all interested New York State cultural education institutions, including those located in K–12 schools, colleges, and universities.

 

The goal of the Digital Collection Initiative is to promote the use of digital technologies to broaden and enhance access to information available from local, regional, and New York State cultural education institutions. The Report identifies the multiple implementation phases and anticipated actions for each phase.  Both Jill Hurst-Wahl, RAC member and Elaine Engst, Co-chair of SHRAB addressed this initiative.

 

 

CE (D) 3

New York


Digital Collection Initiative Proposal


(Statewide Digital Collections presentation)

 

Christine Ward, Assistant Commissioner and State Archivist, provided brief background information and introduced the two presenters, Regents Advisory Council member Jill Hurst-Wahl and State Historical Records Advisory Board co-chair Elaine Engst.  Ms. Ward also introduced leaders of the other two key partners for the initiative, Peter Repas of the Association of Public Broadcasting Stations of New York and Anne Ackerson of the Museum Association of New York.

 

Ms. Hurst-Wahl described the vision for this exciting new collaborative initiative to create a New York Digital Collection.  This initiative would involve educational and historical institutions statewide, including libraries, museums, archives, historical records repositories, local governments, public broadcasting, etc.; and, would establish a means for the long-term preservation of digital collections, assuring access to New York State’s history in digital form for future generations.  New York State has innumerable treasures to share through an online New York Digital Collection, not only with all New Yorkers but also with the nation and the world.  Ms. Hurst-Wahl urged the Board of Regents to adopt this new collaborative statewide proposal as Regents policy and asked that the Regents work with the leadership of the four key statewide organizations and other interested partners to obtain necessary State funding for Phase One.

 

The presentation continued with Ms. Engst who discussed important aspects of proposal implementation and expressed the long-standing interest and commitment of the State Historical Record Advisory Board in building online digital collections and on-line tools and materials for use by archivists, historians, researchers, teachers, students and others interested in learning more about New York State’s history and economy.

 

Ms. Engst expanded on Phase One of the initiative and suggested the Office of Cultural Education work with national experts and a statewide advisory group to develop a broad all-encompassing vision for the collection, statewide standards, best practices and training for thousands of local, regional and state cultural heritage institutions, including those located in colleges, universities and local governments.

 

A handout on the New York Digital Collection Initiative was provided.

 

              The Committee voted unanimously to recommend the Board of Regents adopt the New York Digital Collection proposal as Regents Policy and part of the Regents Budget Initiative.

 

 

REGENTS SUBCOMMITTEE ON AUDITS

 

Your Regents Subcommittee on Audits met on May 19.  Regents Chapey and Gardner were in attendance.

 

Audit staff will be participating in a series of six information sessions across the state with school business officials.  The topic covered will be trends found in school district audits and the role of the Regents Subcommittee on Audits in reviewing the trends.

 

Subcommittee members were presented with 33 audit summaries this month. Twenty-four of the audits were of school districts, six of charter schools and two BOCES.  The Internal Audit Workgroup, which is comprised of Deputy Commissioners’ Ahearn and Savo, Coordinator Charles Szuberla, Audit Director James Conway, and other staff from Counsel’s Office and Audit, reviewed all audit summaries. Based on the significance of the findings, the group highlighted five of the audits, including four school districts and one BOCES, and presented them to the Subcommittee.  These audits involved findings related to procurement, claims processing, fingerprint supported background checks, internal controls over confidential information, a board members conflict of interest situation, and the payment of an employee as a consultant to avoid allowable income provisions of the retirement system.  Audit staff will follow-up with these districts and BOCES to identify any possible future actions.  The audits of the six charter schools identified by the Internal Audit Workgroup related to findings on procurement, payroll, and fingerprint supported background checks.

 

The Subcommittee discussed the need to communicate emerging issues to the field whether identified by audits or other actions of control agencies such as the Comptroller’s Office and the Attorney General’s Office.  Two such issues currently in the forefront of public discussion are issues related to pensions of non-employees and the employment of retired school district officials.

 

The Subcommittee will be reviewing possible policy changes to enhance the work of the Internal Audit Workgroup based on the data they have compiled over the past several months.

 

 

Newly Presented Audits

 

              Subcommittee members reviewed 24 school districts, 2 BOCES, and 6 charter school audits that are being presented to the Subcommittee this month. In addition, one audit of the Department’s Implementation of the Provisions of the RESCUE act was also reviewed.  The audits were all issued by the Office of the State Comptroller (OSC) and the findings were in the areas of payroll, claims processing, cash, segregation of duties, information technology, procurement, conflict of interest, fingerprinting, capital assets, financial reporting, and other. 

 

              The Department has issued letters to the auditees, reminding them of the requirement to submit corrective action plans to the Department within 90 days of their receipt of the audit report.

 

              The Department’s Internal Audit Workgroup identified four school district audits and one BOCES audit for further action.

 

• ChappaquaCentral School District – The District did not use competitive bidding when it made purchases of approximately $455,000.  It did not have adequate policies and procedures as required by law for procuring professional services.  The District paid $419,000 for professional services without the benefit of competitive quotes or RFPs.  Further, it did not have written agreements with nine special education services contractors who were paid $348,000.  The claims auditor did not thoroughly audit claims related to special education services before approving for payment.  One contractor was paid $194,000 for physical therapy services including costs that she was not entitled to such as hours in excess of schedule, travel, meal, and break time.  Lastly, District officials did not perform fingerprint-supported criminal background checks on 26 contractors. 

 

• CortlandCity School District – The purchasing agent did not approve 135 of the purchase orders or any of the 41 blanket purchase orders issued during the 2006-07 school year.  The board did not provide for proper audit of claims.  No effective system was in place prior to May 2007 to ensure that 7,211 claims amounting to $57.2 million were properly authorized, documented, and approved.  The claims auditor did not perform a complete and thorough audit of claims or approve warrants.

 

• Eastern SuffolkBOCES – The BOCES maintains two web-based student management systems through outsourcing arrangements.  The contracts do not specifically define, nor are BOCES officials aware of, internal controls put in place by the contractors to protect the sensitive/confidential data.

 

• TullyCentral School District – The District paid $37,128 for equipment purchases from a business owned by a board member, including a purchase that was subject to competitive bidding, but was not bid.  For the period July 1, 2005 through November 30, 2006, the board did not perform a comprehensive audit of claims nor appoint a claims auditor for that purpose.

 

• ValhallaUnion Free School District – District officials paid a retired transit police officer as a vendor while also occasionally paying him as an employee through the normal payroll process.  This was to prevent his income from exceeding the allowable income amounts under his retirement provisions.

 

Follow-up Actions

 

• Office of Audit Services (OAS) staff will contact the Chappaqua Central School District to determine what actions have been taken related to the fingerprinting/background check finding.  In addition, the finding will be referred to the Office of School Personnel Review and Accountability (OSPRA).  Staff will assess the need to make a referral to the Office of the Professions for discipline.

 

• The Office of Education - P-16 will provide the schedule of upcoming training sessions for school district officials.

 

• OAS will provide the Office of Education - P-16 a monthly summary of audits grouped by BOCES districts.  The audit findings sorted by BOCES will be provided to the District Superintendents and discussed with them during their monthly meeting.

 

• The conflict of interest finding at Tully is being reviewed by Department staff.

 

• The Valhalla pension finding will be referred to the New York City Retirement System.

 

              Six charter school audits were also identified for further action.  Staff from OAS forwarded the audits and summaries to the Department’s Charter School Office to discuss the course of action that the Department needs to take.  The following are the charter schools that were audited and the specific findings that are being noted:

 

• AmberCharter School – The board was not involved in the approval of salary increases and bonuses.  One petty cash fund was maintained in the personal bank account of one of the directors.  School officials did not obtain bids for 14 of the 17 contracts reviewed with a total value of $958,000.  Lastly, adequate records are not maintained nor are physical inventories conducted for the School’s fixed assets valued at over $150,000.

 

• BrooklynCharter School – The School lacked an adequate system of internal controls over basic financial operations.  Disbursements did not comply with established procedures.  The petty cash fund was not maintained in accordance with the School’s manual. Payroll records were not being maintained properly or reviewed to ensure that employees were paid only for time worked.  Officials did not maintain adequate control of equipment inventory.

 

• CommunityPartnership Charter School – The control over employee background checks should be strengthened. Two employees were not fingerprinted, eight already began working before receiving fingerprint and background clearances, and one consultant showed no evidence of fingerprint clearance.  Documentation is not maintained to show prior approval of purchases.  Lastly, credit card purchases are not adequately supported.

 

• KippAcademy Charter School – The School paid $67,951 to send 49 staff on a five-day trip to the Bahamas and 21 staff to the Dominican Republic.  The School’s funds are not accounted for separately to determine whether donated funds were used for the trip.  Of the 37 employee files reviewed, 7 do not show that the required criminal history record check was performed.  Bonuses and stipends are not adequately documented to show appropriateness and authorization.

 

• MerrickAcademy Charter School – The management company of the School was overpaid by $14,339 due to incorrect calculation by the contractor.  Petty cash disbursements could not be accounted for.

 

• Our World Neighbor Charter School – Four employees did not have the required fingerprint and background clearance.  In addition, 58 employees began working before receiving the fingerprint and background clearance.  School officials did not always use competitive bidding in purchasing goods or services.  There was no evidence to support that physical inventories were performed in fiscal years 2005-06 and 2006-07 to account for all items of equipment.  In addition, the equipment inventory listing does not include pertinent information such as acquisition dates or the cost of equipment.  The equipment listing is not necessarily updated at the time of equipment purchase or disposal.

 

Since the Last Subcommittee Meeting

 

              OAS has received and reviewed the corrective action plans of seven schools that had been previously identified by the workgroup.  Four of the plans were acceptable, three will require further follow-up.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix I

NEW YORK
STATE BOARD OF REGENTS CHARTER ACTION

 

 

CULTURAL EDUCATION

 

 

AMENDMENT OF CHARTERS

 

BROOKFIELD
TOWNSHIP
HISTORICAL SOCIETY

Brookfield
, Madison County

 

A provisional charter was granted to this corporation by action of the Board of Regents on January 26, 1977 to operate a historical society. Such provisional charter was extended by Regents action on November 20, 1981 and March 13, 1996.  The board of trustees has applied for an amendment to the provisional charter to change the corporate name to “Town of Brookfield Historical Society.” The Office of Cultural Education recommends that the provisional charter be amended accordingly.

 

CONSTABLEVILLE LIBRARY

Constableville
, Lewis County

 

A provisional charter was granted to this corporation by action of the Board of Regents on February 27, 1959 to operate an association library. Such provisional charter was extended by Regents action on October 28, 1966 and was made absolute on February 20, 1975.  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.

 

DORMANN LIBRARY

Bath
, Steuben County

 

This corporation was incorporated with Secretary of State pursuant to the General Business Laws of New York on August 13, 1869 under the corporate name “Bath Library Association.”  Such certificate of incorporation was amended by the filing of a certificate of amendment with the Secretary of State on December 21, 1889 to change the corporate name to “Davenport Free Library” and by action of the Board of Regents as an absolute charter on July 2, 1902 to change the corporate name to “Davenport Library”, February 24, 1916, March 13, 1996 and on November 6, 1998 to change the corporate name to the “Dormann Library.”  The board of trustees has applied for an amendment to the absolute charter to change the number of trustees from nine to be not less than nine nor more than fifteen.  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

 

KINGSTON
HISTORIC BOATWORKS

Kingston
, Ulster
County

 

A provisional charter was granted to this corporation by action of the Board of Regents on July 25, 2007 to enrich and enliven the City and waterfront of Kingston, New York by illustrating its past, reconstructing historic uses, and educating the public about the history of maritime and allied transport and industry on the Hudson River.  The board of trustees has applied for an amendment to the provisional charter to change the corporate name to “Historic Kingston Waterfront Museum.” The Office of Cultural Education recommends that the provisional charter be amended accordingly.

 

SOUTH SALEM
LIBRARY

Lewisboro
, Westchester County

 

An absolute charter was granted to this corporation by action of the Board of Regents on December 3, 1903 under the corporate name “South Salem Library.”  Such absolute charter was amended by Regents on September 20, 1946 and December 15, 2000 to change the corporate name to “Lewisboro Library.”  Such absolute charter was amended by Regents action on February 14, 2006 to include a name change to the “South Salem Library.”  The board of trustees has applied for an amendment to the absolute charter to change the corporate name to “Lewisboro Library.”  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

 

STONY CREEK FREE LIBRARY

Stony Creek, Warren County

 

A provisional charter was granted to this corporation by action of the Board of Regents on February 24, 1921 to operate an association library.  Such provisional charter was extended by Regents action on September 19, 1941, September 19, 1947, February 29, 1952, October 26, 1956, April 27, 1962 and May 24, 1968.  Such provisional charter was made absolute by Regents action on February 23, 1978.  The board of trustees has applied for an amendment to the absolute charter to change the number of trustees from five to be not less than five 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.

 

 

PROVISIONAL CHARTERS

 

APALACHIN LIBRARY ASSOCIATION

Apalachin
, Tioga County

 

The board of trustees has petitioned the Board of Regents to form an association  library to serve the residents of the Apalachin CDP (Census Designated Place according to the 2000 Census) in Tioga County in the Town of Owego.  The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

 

CONSTABLE HISTORICAL ORGANIZATION

Constable, Franklin County

 

The board of trustees has petitioned the Board of Regents to form a corporation to promote and encourage historical research; to disseminate and encourage a greater knowledge of the history of the State of New York and particularly the Town of Constable, Franklin County and its environs; to gather, collect, own, hold, preserve, display, and make available for study appropriate historical artifacts, relics, books, manuscripts, papers, photographs, and other records and materials relating to the history of the Town of Constable, Franklin County, New York including the original land grant of March 13, 1807; to encourage the suitable marking of places of historic interest in the Town of Constable, Franklin County; 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 in the Town of Constable, Franklin County, New York;  to bring together those people interested in history, encourage public interest in history, sponsor historical meetings, programs and events, sponsor exhibits, and issue publications in any format; to work cooperatively with the Westville Historical Organization and the Franklin County Historical and Museum Society on projects of mutual interest and to cooperate with other 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.

 

LOUIS
ARMSTRONG HOUSE MUSEUM

Corona
, Queens County

 

The board of trustees has petitioned the Board of Regents to form a corporation to operate the Louis Armstrong House, a national historic landmark and a New York City landmark, as a historic house museum; to arrange, preserve, catalog, and make available to the public the materials held in the Louis Armstrong Archives; to collect, arrange, preserve, catalog, and make available to the public additional materials relating to the life and career of Louis Armstrong; to serve as a reference source for information about Louis Armstrong; and to present public programs, such as concerts and lectures that preserve and promote the cultural legacy of Louis Armstrong.  The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

 

LYME
HERITAGE CENTER

Chaumont, Jefferson County

 

The board of trustees has petitioned the Board of Regents to form a corporation to encourage and disseminate a greater knowledge of the history of the State of New York and particularly the Town of Lyme and the Village of Chaumont, County of Jefferson, and surrounding area; to promote history and original historical research; to gather, collect, own, hold, preserve, display and make available for study appropriate historical artifacts, books, manuscripts, papers, photographs, vital records, newspapers and other materials; to bring together those people interested in history, encourage public interest in history, sponsor historical meetings, programs and events, sponsor exhibits, and issue publications in any format; to cooperate with the Jefferson County Historical Society, and 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.

 

SNUG
HARBOR
CULTURAL CENTER AND BOTANICAL GARDEN

Staten Island, Richmond County

 

The board of trustees has petitioned the Board of Regents to form a corporation to operate, manage, maintain and develop the premises commonly known as Sailors Snug Harbor and currently known as Snug Harbor Cultural Center, in the County of Richmond, City and State of New York, as a cultural and educational  center and park; to operate, manage, maintain and develop the premises currently known as Staten Island Botanical Garden, in the County of Richmond, City and State of  New York, as a botanical garden, arboretum and park; to own, hold, collect, acquire, maintain, care for and preserve historical artifacts  that relate to the site and the Borough of Staten Island, and collections of art, music, literature and other media that relate to site activities, programs and  performers; to own, hold, collect, acquire, maintain, care for, cultivate and preserve plants, trees and related scientific specimens; to promote, encourage, and cultivate the performing, written and visual arts and sciences through theatrical presentations, music, drama, dance, opera, ballet, moving pictures, concerts, public exhibitions, art exhibits, and dramatic and musical compositions; to promote the study, improvement, patronage and development of community  appreciation of the arts, and aid appropriate community, cultural and professional associations; to exhibit and scientifically study plants, trees and related scientific specimens, advance knowledge of and appreciation for arboriculture, encourage botanical gardens generally, and promote studies and instruction pertaining to plants, trees,  botany and the natural sciences; and to stimulate and encourage community and regional use and enjoyment of the natural areas at the premises.  The Office of Cultural Education recommends that a provisional charter be granted for a period of two years.

 

DISSOLUTION OF CHARTER

 

FRIENDS OF INSIDE ALBANY

Albany
, Albany County

 

A certificate of incorporation was granted to this corporation by action of the Board of Regents on September 15, 1995 to inform the public in a nonpartisan manner about  the workings of the New York State government primarily, but not exclusively, through the production of a weekly television program; to produce educational videotapes and other printed materials and develop seminars.  The board of trustees has petitioned the Board of Regents for the dissolution of the certificate of incorporation due to the corporation’s board has ceased production of the television program and no longer wish to engage in the other purposes and all taxes payable by the corporation have been paid.  The Office of Cultural Education recommends that the certificate of incorporation of Friends of Inside Albany be dissolved.

 

AMENDMENT OF CERTIFICATE OF INCORPORATION

 

LOWER HUDSON
CONFERENCE: HISTORICAL AGENCIES AND MUSEUMS

Rye
, Westchester County

 

A certificate of incorporation was granted to this corporation by action of the Board of Regents on September 21, 1979 to provide member institutions improved museum and historical society professional services.  The board of trustees has applied for an amendment to the certificate of incorporation to change the corporate name to “Greater Hudson Heritage Network.”  The Office of Cultural Education recommends that the certificate of incorporation be amended accordingly.

 

 

ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

 

AMENDMENT OF CHARTERS

 

AQUINAS INSTITUTE OF ROCHESTER

Rochester
, Monroe County

 

This corporation was incorporated by Special Act of the Legislature on March 16, 1922 pursuant to the provisions of Chapter 133 of the Laws of 1922.   Such absolute charter was amended by Regents action on February 24, 1977, March 18, 1994 and November 3, 1995.  The board of trustees has applied for an amendment to the absolute charter to authorize the corporation to operate a grade seven through twelve secondary school, thereby adding authority to operate grades seven and eight.  The Office of Nonpublic School Services recommends that the absolute charter be amended accordingly.

 

MAPLEBROOK
SCHOOL

Amenia
, Dutchess County

 

A provisional charter was granted to this corporation by action of the Board of Regents on November 30, 1951 to operate an elementary school.  Such provisional charter was extended by Regents action on December 21, 1956 and was made absolute on November 20, 1959.  The board of trustees has applied for an amendment to the absolute charter to restate the corporate purpose as follows: The purpose for which the corporation is formed is to maintain and conduct an un-graded kindergarten, and a grades one through twelve school for children with and without disabilities from five to twenty-one years of age; to provide career, vocational and work experience programs for children with disabilities; and, to establish, maintain and operate day care centers in Dutchess County provided that no center will be operated without the approval of the NYS Office of Children and Family Services.  The Office of Vocational and Educational Services for Individuals with Disabilities (VESID) has been provided with an opportunity to review this action and the trustees have been advised that the granting of any amendments thereof or extensions thereof does not constitute approval for state funding for programs and services under the jurisdiction of VESID.  The Office of Nonpublic School Services recommends that the absolute charter be amended accordingly.

 

STEP BY STEP DEVELOPMENT CENTER

Brooklyn, Kings County

 

A provisional charter was granted to this corporation by action of the Board of Regents on February 21, 1992 to establish and operate a home-based preschool for children from birth to five years of age with emotionally and/or physically handicapping conditions and/or learning disabilities, and to provide related services.   Such provisional charter was amended by Regents action on April 24, 1996 and, as so amended, was made absolute.  Such absolute charter was provisionally granted an amendment to operate a kindergarten and grades one through twelve school for disabled and non-disabled children by Regents action on July 14, 2000.  The board of trustees has applied for an amendment to the absolute charter to request the that provisional amendment be further extended.  The Office of Vocational and Educational Services for Individuals with Disabilities (VESID) has been provided with an opportunity to review this action and the trustees have been advised that the granting of any amendments thereof or extensions thereof does not constitute approval for state funding for programs and services under the jurisdiction of VESID.   The Office of Nonpublic School Services recommends that the absolute charter be provisionally extended for a period of three years to allow the corporation to continue its operation of a kindergarten and grades one through twelve school for disabled and non-disabled children. 

 

PROVISIONAL CHARTERS

 

BRIGHT
STAR ACADEMY

Oceanside
, Nassau County

 

The board of trustees has petitioned the Board of Regents to form a corporation to establish, operate and maintain a toddler program for children from eighteen to thirty-five months of age, a nursery school for preschool children from three to five years of age, a kindergarten for five year olds and day care centers in Nassau County, provided that no center will be established without the approval of the New York State Office of Children and Family Services.  The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.

 

 

 

 

 

CATHOLIC ACADEMY OF WEST BUFFALO

Buffalo
, Erie County

 

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

 

THE GATEWAY MIDDLE SCHOOL

New York City
, New York
County

 

The board of trustees has petitioned the Board of Regents to form a corporation to establish, operate and maintain a school for students between the ages of ten and fourteen which shall provide a middle school curriculum for pupils of estimated normal intellectual potential whose classroom functioning has indicated learning or language disorders and who require small group instruction and special education strategies in order to make appropriate educational gains; to provide access to a general education curriculum which will enable students to meet learning standards in a setting providing accommodations and strategies to facilitate learning; and to offer after school and enrichment activities to students with learning or language disorders. The Office of Vocational and Educational Services for Individuals with Disabilities (VESID) has been provided with an opportunity to review this action and the trustees have been advised that the granting of a provisional charter does not constitute approval for state funding for programs and services under the jurisdiction of VESID.  The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.

 

EXTENSION  OF CHARTER

 

INTERNATIONAL PRESCHOOLS

New York City
, New York
County

 

A provisional charter was granted to this corporation by action of the Board of Regents on December 11, 1998 to operate a preschool, kindergarten and a day care center.   Such provisional charter was amended and extended by Regents on March 23, 2004 and consolidated with International Play Groups, Inc. a membership corporation on the same date.  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.

 

 

 

 

AMENDMENT  OF
CERTIFICATE OF INCORPORATION

 

OPUS 118 HARLEM SCHOOL OF MUSIC

New York City
, New York
County

 

A certificate of incorporation was granted to this corporation by action of the Board of Regents on October 18, 1991 under the corporate name “Opus 118 Music Center” to operate music programs for students in the public schools in the East Harlem area of New York City.  Such certificate of incorporation was amended by Regents action on February 23, 2004 to include a name change to “Opus 118 Harlem Center for Strings” and on March 15, 2005 to include a name change to “Opus 118 Harlem School of Music.” The board of trustees has applied for an amendment to the certificate of incorporation to restate the corporate purposes to read: “To establish, operate, conduct and maintain and promote programs offering music instruction.”  The Office of Nonpublic School Services recommends that the certificate of incorporation be amended accordingly.

 

DISSOLUTION OF CHARTER

 

THE HORIZONS SCHOOL OF ITHACA

Ithaca
, Tompkins County

 

A provisional charter was granted to this corporation by action of the Board of Regents on June 26, 1992 to operate a school.  Such provisional charter was extended by Regents action on March 17, 1995 and April 21, 1998.  Such provisional charter was amended and extended by Regents action on February 11, 2003.  The board of trustees has petitioned the Board of Regents for the dissolution of the charter due to the school is no longer in operation and all taxes payable by the corporation have been paid.  The trustees request Regents’ approval to store the student records at the Ithaca City School District.  The trustees request Regents approval of the distribution of the remaining assets of the corporation to the Day Care & Child Development Council of Tompkins County, Inc., the Greater Ithaca Activities Center, the Tompkins County Friends of the Library Book Sale, the Salvation Army, the Ithaca City School District, the Lansing School District, and the Onondaga-Cortland-Madison BOCES GED Program.  The Office of Nonpublic School Services recommends that the provisional charter of The Horizons School of Ithaca be dissolved, that its records be stored at the Ithaca City School District and that its assets be distributed to the Day Care & Child Development Council of Tompkins County, Inc., the Greater Ithaca Activities Center, the Tompkins County Friends of the Library Book Sale, the Salvation Army, the Ithaca City School District, the Lansing School District, and the Onondaga-Cortland-Madison BOCES GED Program.

 

HIGHER AND PROFESSIONAL EDUCATION

 

 

 

AMENDMENT OF CHARTERS

 

LONG
ISLAND UNIVERSITY

Brookville, Nassau County

 

A provisional charter was granted to this corporation by action of the Board of Regents  on December 9, 1926 to operate a college of liberal arts and science. Such provisional charter was made absolute by Regents action on February 19, 1931.  Such absolute charter was amended by Regents action on November 16, 1939 and merged with The First Institute of Podiatry.  Such absolute charter was amended by Regents action on July 23, 1943, March 26, 1952, June 25, 1954, June 26, 1959, September 29, 1961, May 24, 1963, June 24, 1966, November 15, 1973, July 1, 1976, October 29, 1976, October 19, 1978, on March 22, 1979 consolidated with the Arnold and Marie Schwartz College of Pharmacy and Health Sciences; May 22, 1981, on September 21, 1984 to restate the charter in its entirety; July 27, 1990, September 24, 1993,  February 3, 1995,  June 6, 1995, September 13, 2002, October 4, 2002 and May 18, 2004.  The board of trustees has applied for an amendment to the absolute charter to add authority for the University to confer the degree of Doctor of Education (Ed. D.).  The Office of Higher Education recommends that the absolute charter be amended accordingly.

 

ST. JOHN
FISHER COLLEGE

Pittsford, Monroe County

 

A provisional charter was granted to this corporation by action of the Board of Regents  on April 27, 1951.  Such provisional charter was amended by Regents action on May 23, 1952.  Such provisional charter was made absolute by Regents action on March 25, 1955.  Such absolute charter was amended by Regents action on April 25, 1958, September 25, 1980, February 25, 1983, June 26, 1992, September 18, 1992, July 16, 1999 and March 21, 2006.  The board of trustees has applied for an amendment to the absolute charter to authorize the corporation to establish a Doctor of Nursing Practice Program and to confer the degree of  Doctor of Nursing Practice (D.N.P.).  The Office of Professions recommends that the absolute charter be amended accordingly.

                     

PROVISIONAL CHARTERS

 

THE INSTITUTE OF THE POSTGRADUATE PSYCHOANALYTIC SOCIETY

New York City
, New York
County

 

The board of trustees has petitioned the Board of Regents to form a corporation to conduct and supervise, either alone or in conjunction with others or through the acceptance or donation of funds or the receiving or granting assistance to others, all manner of study and research with respect to the human mind and health particularly in those fields of psychiatry, neuropsychiatry, psychotherapy, mental health, psychology, social work, and sociology; to promulgate, foster, and promote high standards of training, practice and research in psychoanalysis and to increase the knowledge and competency of qualified practitioners; to study, investigate, and analyze existing methods of psychotherapy and psychoanalysis to determine their value, to coordinate and appraise all data and disseminate it to the profession and the public; to sponsor and promote professional and public meetings, lectures and conferences for the exchange of ideas and information about treatment and other matters related to the fields described above; to offer under professional guidance a comprehensive curriculum for the purpose of providing an educational opportunity to obtain extended exposure to psychotherapeutic approaches and treatment innovations to all licensed mental health professionals; and to offer courses, workshops and symposia to the general public who may have an interest in mental health.  The Office of the Professions recommends that a provisional charter be granted for a period of five years.

 

NEW YORK
STUDIO SCHOOL

New York City
, New York
County

 

The board of trustees has petitioned the Board of Regents to form a corporation to operate a school for the teaching of painting, drawing and sculpture, and all the branches of the plastic and graphic arts; to provide specialist and advanced level art instruction and ancillary community and professional support programming; to promote the public’s knowledge and understanding of art and artists; offer credit-bearing courses leading to the awarding of Master of Fine Arts degree.  The Office of the Higher Education recommends that a provisional charter be granted for a period of five years.

 

ORDER OF CONSOLIDATION

 

NEW YORK
STUDIO SCHOOL AND NEW YORK STUDIO SCHOOL OF DRAWING PAINTING AND SCULPTURE, INC.  

New York City
, New York
County

 

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 New York Studio School and New York Studio School of Drawing, Painting and Sculpture, Inc.  The New York Studio School has petitioned the Board of Regents for a provisional charter.  The New York Studio School of Drawing, Painting and Sculpture, Inc. was incorporated under §402 of the Not-For-Profit Corporation Law (NPCL) on June 25, 1964.  Upon the effective date of the consolidation of New York Studio School and New York Studio School of Drawing, Painting and Sculpture, Inc.  New York Studio School will assume all the assets, liabilities and responsibilities of both organizations.  The consolidated corporation will operate under the provisional charter granted to New York Studio School.  The Office of Higher Education recommends that an order of consolidation of New York Studio School and New York Studio School of Drawing, Painting and Sculpture, Inc., be granted, forming New York Studio School.

PROVISIONAL CHARTER

 

THE MUSEUM AT BETHEL WOODS

Bethel
, Sullivan County

 

The board of trustees has petitioned the Board of Regents to form a corporation to establish and maintain a history and music museum relating to, interpreting, studying, researching, developing, highlighting, gathering, and disseminating information, artifacts, exhibits, and audio-visual and other materials about and concerning the social, political, and cultural events of and around the 1960’s and the legacies of such times and events, including, without limitation, the Cold War, the Race to Space, the Civil Rights Movement, the War in Vietnam and the civil response to it, and the fashions and music of such times including the Woodstock Festival of 1969; to promote inter-generational dialogue about such events and times and their meanings for today and hereafter including through the use of teaching and studies in classrooms located within the museum; to encourage and increase public awareness of these times and the events thereof through the exhibits, artifacts, and displays, personal stories, community outreach and education, the media and other public and cultural events at the local. regional, state, national, and international levels; to preserve the quality of life for residents of Sullivan County and the surrounding region and the State of New York and visitors thereto and to promote the general welfare and improve the cultural life of Sullivan County, the surrounding region, and the State of New York; to the extent permitted by applicable law, to make contributions and donations or grants to charities such as libraries, colleges, cultural, and other tax-exempt charities within Sullivan County and elsewhere; to gather, collect, own, hold, preserve, display and make available for study appropriate historical artifacts, books, manuscripts, papers, photographs, and other records and materials; to encourage the suitable marking of places of historic interest; 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.

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix II

REGENTS ACTIONS IN 43 PROFESSIONAL DISCIPLINE CASES

AND 2 RESTORATION PETITIONS

May 19-20, 2008

              The Board of Regents announced disciplinary actions resulting in the revocation of 1 license, surrender of 6 licenses and 1 certificate, and 35 other disciplinary actions.  The penalty indicated for each case relates solely to the misconduct set forth in that particular case.  In addition, the Board acted upon 2 restoration petitions.

I. REVOCATIONS AND SURRENDERS 

Massage Therapy  

              David A. Brown; 405 Horan Road, Solvay, NY 13209-9640; Lic. No. 019172; Cal. No. 23785; Application to surrender license granted.  Summary: Licensee admitted to the charge of having been convicted of Sexual Abuse in the 3rd Degree. 

Nursing  

              Tami Brooks Luxon; Registered Professional Nurse; 3151 Cedarview Court, Mobile, AL 36618-4667; 200 Rock Ford Road, Uriah, AL 36480; Lic. No. 526419; Cal. No. 22542; Found guilty of professional misconduct; Penalty: Revocation. 

              Phaedra White; Registered Professional Nurse; 10820 S.W. 200th Drive, Miami, FL 33157; Lic. No. 459916; Cal. No. 23930; Application to surrender license granted.  Summary:  Licensee admitted to the allegations that in or about November, 2006 while employed and on duty as a registered professional nurse at Mercy Medical Center, Rockville Centre, New York, she stole controlled substances from the Medical Center’s supply for her own use. 

              Debra Lynn Knauber; Licensed Practical Nurse; 10186 Harlow Road, Darien Center, NY 14040; Lic. No. 171361; Cal. No. 23967; Application to surrender license granted.  Summary: Licensee admitted to the charge of having been convicted of Rape in the 2nd Degree; Criminal Sexual Act in the 2nd Degree; and Sexual Abuse in the 2nd Degree. 

Pharmacy  

              Timothy M. Scutchfield; 23-67 Cleveland Street, Bellmore, NY 11710; Lic. No. 035582; Cal. No. 23963; Application to surrender license granted.  Summary: Licensee admitted to the charge of having been convicted of Criminal Sale of a Controlled Substance in the 4th Degree, a class C felony. 

 

Physical Therapy  

              George C. Schmidt; Physical Therapist Assistant; 196 North 6th Street, Lindenhurst, NY 11757; Cert. No. 001780; Cal. No. 23523; Application to surrender certificate granted.  Summary: Licensee admitted to the charge of having been convicted of Forcible Touching. 

Podiatry  

              Richard M. Shankman; P.O. Box 200, Waymart, PA 18472; Lic. No. 003801; Cal. No. 23851; Application to surrender license granted.  Summary: Licensee admitted  to having been convicted of conspiracy to possess with intent to distribute the controlled substance oxycodone, a felony. 

Respiratory Therapy  

              Doreen Renee Chenery; Respiratory Therapist; 55 Stevens Street, White Plains, NY 10606; Lic. No. 002642; Cal. No. 23532; Application to surrender license granted.  Summary: Licensee did not contest the charge of filing a false report. 

II. OTHER REGENTS DISCIPLINARY ACTIONS

Chiropractic 

              Leonard Drebsky; 6 Presidential Drive East, Plainview, NY 11803; Lic. No. 001996; Cal. No. 23658; Found guilty of professional misconduct; Penalty: 3 month suspension.

Clinical Laboratory Practitioner 

              Jun Wang; Clinical Laboratory Technologist; 61 East 95th Street, New York, NY 10128-0767; Lic. No. 007086; Cal. No. 23864; Application for consent order granted; Penalty agreed upon: Annulment of license to practice as a clinical laboratory technologist.

Dentistry

              Judd Wayne Garson; 16 Belaire Court, Old Bridge, NJ 08857; Lic. No. 035589; Cal. No. 23282; Application for consent order granted; Penalty agreed upon: 4 month actual suspension, 20 month stayed suspension, 2 years probation, $5,000 fine.

              Sholom Menashe Fuzailov; 138-33 77th Avenue, Flushing, NY 11367; Lic. No. 047661; Cal. No. 23629; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation.

              Joseph V. Trumpatori; 100 Daly Boulevard, Oceanside, NY 11572; Lic. No. 033240; Cal. No. 23718; Found guilty of professional misconduct; Penalty: 2 year suspension, execution of last 23 months of suspension stayed, probation last 23 months, $500 fine.

              Kristina Thai Tran; 185 Canal Street, New York, NY 10013; Lic. No. 044505; Cal. No. 23826; Application for consent order granted; Penalty agreed upon: Partial actual suspension in certain area until successfully complete course of retraining in said certain area, 2 years probation, $5,000 fine.

              Mark Kogan; 530 Gregory Avenue, Weehawken, NJ 07086; Lic. No. 051647; Cal. No. 23857; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,000 fine.

Engineering and Land Surveying 

              Michael A. Scotto; Professional Engineer; 279 East 2nd Street, Brooklyn, NY 11218-3901; Lic. No. 062839; Cal. No. 23460; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation, $2,500 fine.

Nursing

              Ricardo A. Miller; Registered Professional Nurse; 18 Keller Street, Valley Stream, NY 11580; Lic. No. 524460; Cal. No. 22045; Found guilty of professional misconduct; Penalty: Censure and Reprimand, $500 fine.

              Tina Diane Craft-McRae a/k/a Tina Diane Craft a/k/a Tina Kraft; Licensed Practical Nurse, Registered Professional Nurse; 1520 Carroll Street, Brooklyn, NY 11213; Lic. Nos. 207972, 419923; Cal. Nos. 23818, 23819; Found guilty of professional misconduct; Penalty: Indefinite suspension until successfully completes a course of treatment, upon termination of suspension probation 2 years, $500 fine payable within 6 months.

              Robert Lewis Janes; Licensed Practical Nurse; 309 S.W. Fourth Avenue, Portland, OR 97204; Lic. No. 262515; Cal. No. 23019; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice, upon termination of suspension 2 years probation to commence if and when return to practice in the State of New York, $250 fine payable within 6 months.

              Carol A. Leonard; Licensed Practical Nurse; 509 High Street, Elmira, NY 14901; Lic. No. 155768; Cal. No. 23107; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for no less than 6 months and until fit to practice, upon termination of suspension 2 years probation to commence upon return to practice.

              Elizabeth Hartman; Licensed Practical Nurse; 9 Lenox Avenue, Freeport, NY 11520-1605; Lic. No. 166253; Cal. No. 23683; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation.

              Algielean Simpson; Licensed Practical Nurse; 1945 Brookstone Way, Rock Hill, SC 29732; Lic. No. 086831; Cal. No. 23699; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation.

              Robert Frederick Nichols, Jr.; Registered Professional Nurse; 432 Loder Street, Waverly, NY 14892; Lic. No. 425558; Cal. No. 23724; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $1,000 fine.

              William Smith; Registered Professional Nurse; 5055 Betsy Ross Way, Liverpool, NY 13088; Lic. No. 537294; Cal. No. 23726; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 11 month stayed suspension, 1 year probation, $500 fine.

              Michelle M. Seneca a/k/a Jones; Licensed Practical Nurse; 12673 Route 438, Irving, NY 14081; Lic. No. 273148; Cal. No. 23764; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $250 fine.

              Sookrajie Ramdeo; Licensed Practical Nurse, Registered Professional Nurse; 100 Oakland Street, Englewood, NJ 07631; Lic. Nos. 179007, 391840; Cal. Nos. 23816, 23817; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $500 fine.

              Marie Iverte Dorcely; Licensed Practical Nurse; 188‑39 Dormans Road, St. Albans, NY 11412; Lic. No. 277836; Cal. No. 23825; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

              Soynette S. Somerville; Licensed Practical Nurse; 118 Prospect Street, Schenectady, NY 12308; Lic. No. 276572; Cal. No. 23843; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for no less than 6 months and until fit to practice, upon termination of suspension 2 years probation to commence upon return to practice, $500 fine payable within 6 months.

              Sarah Henley-Grass; Licensed Practical Nurse; 45 Ashley Avenue, Middletown, NY 10940; Lic. No. 281786; Cal. No. 23900; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice, upon termination of suspension 2 years probation.

Occupational Therapy 

              Frank Augustine Turturro; 377 North Main Street, Canandaigua, NY 14424; Lic. No. 007975; Cal. No. 23841; 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, $1,000 fine payable within 6 months.

Pharmacy 

              Donna M. Dumont; 649 Jersey Avenue, Greenwood Lake, NY 10925; Lic. No. 038936; Cal. No. 23722; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for not less than 3 months and until successfully participate in course of therapy and any necessary treatment and until fit to practice, upon termination of suspension 2 years probation to commence if and when return to practice, $1,000 fine.

              Nouri Chamaa Ftiha; 2232 Homecrest Avenue, Brooklyn, NY 11229; Lic. No. 043570; Cal. No. 23763; Found guilty of professional misconduct; Penalty: Indefinite suspension for a minimum of 2 years and until fit to practice, upon termination of suspension, 5 years probation.

              Kam Leung Lok; 6811 7th Avenue, Brooklyn, NY 11220; Lic. No. 035796; Cal. No. 23806; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $5,000 fine.

              Nutri-Pharma, Inc.; Pharmacy; 6 East 46th Street, New York, NY 10017; Reg. No. 021653; Cal. No. 23807; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $5,000 fine.

              Ling Fung Cheung; 147 Bay 29th Street, Brooklyn, NY 11214; Lic. No. 049410; Cal. No. 23862; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, $2,500 fine payable within 60 days.

Psychology 

              Anthony Knowles Bolton; P.O. Box 547, Port Jefferson, NY 11777; Lic. No. 011367; Cal. No. 23815; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $1,000 fine.

 

Public Accountancy 

              Gilbert Bergsman; Certified Public Accountant; 17 Bonnie Briar Road, White Plains, NY 10607-1730; Lic. (Cert.) No. 017967; Cal. No. 23754; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $2,500 fine.

              Lee Levinson; Certified Public Accountant; 11 Rockville Avenue, Rockville Centre, NY 11570-5536; Lic. (Cert.) No. 027362; Cal. No. 23755; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $2,500 fine.

              Joseph John Pinz; Certified Public Accountant; 84 Overlook Drive, East Islip, NY 11730; Lic. No. 057857; Cal. No. 23768; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $1,000 fine.

              Ronald Ira Rosner; Certified Public Accountant; 3 Diane Road, Manahawkin, NJ 08050; Lic. (Cert.) No. 026305; Cal. No. 23837; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation, $5,000 fine.

III. RESTORATIONS

              The Board of Regents voted on May 20, 2008 to deny the petition for restoration of the physician license of Alexander Sporn, 120-07 85th Avenue, Kew Gardens, NY  11415. Dr. Sporn’s license was originally revoked October 25, 2001.

              The Board of Regents voted on May 20, 2008 to deny the petition for restoration of the physician license of Paul Andrew Visconti, 120 Old Commack Road, Kings Park, NY 11754. Dr. Visconti’s license was originally surrendered July 16, 1997.