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

TO:	The Honorable the Members of the Board of Regents
FROM:	David Johnson
COMMITTEE:	Full Board
TITLE OF ITEM:	Summary of the November 2004 Meeting
DATE OF SUBMISSION:	November 18, 2004
PROPOSED HANDLING:	Approval
RATIONALE FOR ITEM:	Approval for Public Distribution of the Summary of the Monthly Meeting
STRATEGIC GOAL:	Goal #4
AUTHORIZATION(S):

SUMMARY:

Attached for approval is the Summary of the November 2004 Meeting of the Board of Regents.

Your review should focus on the summaries of discussions in Full Board. Motions adopted in Full Board were already approved as presented.

It is recommended that the Regents take the following action:

VOTED, that the Summary of the November 2004 Meeting of the Board of Regents of The University of the State of New York be approved.

SUMMARY OF THE NOVEMBER MEETING

OF THE BOARD OF REGENTS

THE UNIVERSITY OF THE STATE OF NEW YORK

Held at the State Education Building
Albany, New York

November 4 and 5, 2004

David Johnson, Secretary
Board of Regents

THE BOARD OF REGENTS

The Board of Regents of The University of the State of New York held two public sessions on Thursday, November 4, at 9:30 a.m. and Friday, November 5, at 10:40 a.m. pursuant to a call duly sent to each Regent.

MEETING OF THE FULL BOARD, Thursday, November 4

Board Members in Attendance:

Robert M. Bennett, Chancellor
Adelaide L. Sanford, Vice Chancellor
Diane McGivern
Saul B. Cohen
James C. Dawson
Anthony S. Bottar
Merryl H. Tisch
Geraldine D. Chapey
Harry Phillips, 3rd
Joseph E. Bowman, Jr.
James R. Tallon, Jr.
John Brademas

Also present were the President of The University and Commissioner of Education, Richard P. Mills, Chief of Staff and Counsel and Deputy Commissioner for Legal Affairs, Kathy A. Ahearn, and the Secretary, Board of Regents, David Johnson. Regents Arnold B. Gardner, Lorraine A. Cortés-Vázquez and Milton L. Cofield were absent and excused.

Chancellor Bennett called the meeting to order at 9:30 a.m.

DISCUSSION ITEMS

Commissioner’s Report to the Board of Regents

The Commissioner’s written monthly report focused on thirteen subject areas: Grade-by-Grade Mathematics Standards; Federal and State Legislative Priorities; State Aid; Assessment-Continuing Reviews; Grade-by-Grade Testing and NCLB; Special Education Regulatory Reform; Statewide Plan for Higher Education; Professional Standards and Practices Board for Teaching Reports to the Regents; Modifications to Teaching Policy Under Consideration; USNY; Strategic Plan; Archives Awards Luncheon; and the State Museum’s Scientific Collections.

Report of the Mathematics Standards Committee

BR (D) 4

The Mathematics Standards Committee was established in response to a recommendation in October 2003 by the Independent Math A Panel. Its charge from the Commissioner was to examine the existing Regents learning standards in mathematics, consider relevant research and other standards from the United States and other nations, and propose modifications to the Regents mathematics standards to improve clarity, specificity, and functionality.

Mr. William Brosnan and Ms. Theresa McSweeney, Co-chairpersons, presented the report of the Committee. This report was produced following twenty days of meetings and the recommendations are supported by all twenty-four members of the Committee.

In responding to its charge, the Committee recommends: modifying the wording of Standard 3; replacing the seven key ideas with five content strands and five process strands; revisions to the performance indicators for all grade levels; the need for grade-by-grade curriculum guidance and additional professional development; and revise the current program to enable students to understand concepts at a deeper level of understanding.

MOVED, that the Board of Regents concurs with the Mathematics Standards Committee recommendation for a public comment period on the report beginning immediately and concluding in mid-December.

          Motion by:             Regent James C. Dawson
          Seconded by:        Regent Saul B. Cohen
          Action:                   Motioned carried unanimously

MEETING OF THE FULL BOARD, Friday, November 5, 10:40 a.m.

Board Members in Attendance:

Robert M. Bennett, Chancellor
Adelaide L. Sanford, Vice Chancellor
Diane McGivern
Saul B. Cohen
Anthony S. Bottar
Geraldine D. Chapey
Arnold B. Gardner
Harry Phillips, 3rd
Joseph E. Bowman, Jr.
James R. Tallon, Jr.
Milton L. Cofield
John Brademas

Also present were the President of The University and Commissioner of Education, Richard P. Mills, Chief of Staff and Counsel and Deputy Commissioner for Legal Affairs, Kathy A. Ahearn, and the Secretary, Board of Regents, David Johnson. Regents James C. Dawson, Merryl H. Tisch and Lorraine A. Cortés-Vázquez were absent and excused.

Chancellor Bennett called the meeting to order at 10:40 a.m.

ACTION ITEMS

Summary of the October 2004 Meeting

BR (A) 2

MOVED, that the Summary of the October 2004 Meeting of the Board of Regents of The University of the State of New York be approved.

          Motion by:             Regent Harry Phillips, 3rd
          Seconded by:        Regent Joseph E. Bowman, Jr.
          Action:                   Motion carried unanimously

Summaries of Regents Priority Legislative Proposals 2005

BR (A) 3

The Regents Priority Legislative Program for 2005 is designed to further the goals and objectives of the Strategic Plan, a commitment to set high standards, build capacity and account for results. There is one new proposal and eight that are carried over from 2004 with modifications and updating as necessary. There are also two that are placeholders pending action by Congress.

Each proposal has been reviewed and approved by the appropriate Committee. During this review the EMSC-VESID Committee voted to remove a proposal to permit charter schools access to the Dormitory Authority to arrange financing, an action unanimously supported by the Board. This proposal will receive further review in December.

MOVED, that the Board of Regents approve the Regents Priority Legislative Proposals for 2005.

          Motion by:             Regent Diane McGivern
          Seconded by:        Regent Joseph E. Bowman, Jr.
          Action:                   Motion carried unanimously

State Education Department October 2004 Fiscal Report

BR (A) 4

The Board received the October 2004 Fiscal Report for review and acceptance.

General fund and Federal accounts are in structural balance. All revenue accounts are in balance, allowing for normal reimbursement delays and the planned use of prior year balances.

MOVED, that the Board of Regents accept the October 2004 State Education Department Fiscal Report as presented.

          Motion by:             Regent Harry Phillips, 3rd
          Seconded by:        Regent Joseph E. Bowman, Jr.
          Action:                   Motion carried unanimously

Regents 2005-06 Proposal on State Aid to School Districts

SA (D) 1

BR (D) 3

The Board reviewed a draft of the 2005-06 conceptual proposal for State Aid to school districts. This proposal expands upon the new funding system initiated last year, based on a Foundation Aid program. It links education funding to the cost of successful education, targets State Aid to school districts with the greatest educational need, and recognizes variation in purchasing power around the State.

MOVED, that the Board of Regents supports the 2005-06 conceptual proposal for State Aid to school districts and consents to have the Subcommittee on State Aid and Department staff develop the details of this proposal, with a recommended dollar amount, for action in December.

          Motion by:             Regent Joseph E. Bowman, Jr.
          Seconded by:        Regent Saul B. Cohen
          Action:                   Motion carried unanimously

DISCUSSION ITEMS

New York State Museum Collections: Statewide Mandate, Global Significance

BR (D) 1

Dr. Penelope Drooker, Curator of Anthropology and Assistant Director of Research and Collections in the State Museum, informed the Board of the Statewide and global significance of the Museum’s collections through a power point presentation.

Charter School Critical Issues

BR (D) 2

In September, the Board began a multiple month discussion of charter school issues, reviewing fiscal impact, educational need and special need populations to date. This month discussions focused on whether conditions should be set relating to teacher certification or collective bargaining in the review of charter school applications, should additional criteria be set with respect to the facilities to be used by charter schools, what standards should be used for the renewal of charter schools and should those standards differ for schools for which the Regents are the chartering entity, and should there be a limit on revisions to charters for approved charter schools to delay the operational date.

First Draft of Federal Legislation and Education in New York State 2005, the Regents Federal Legislative Agenda

BR (D) 5

The Board received the first draft of the Regents Federal Legislative Agenda which outlines the Regents legislative priorities for the first session of the 109^th Congress. The document has been condensed from earlier versions and has a new, consistent, easy-to-read format.

The draft document will be distributed for public review and comment with the final action in December and public release in January 2005.

ITEM FOR INFORMATION

Annual Report of the State Professional Standards and Practices Board for Teaching

BR (I) 1

David A. Caputo and Dawn Santiago-Marullo, co-chairs, reviewed a summary of accomplishments of the State Professional Standards and Practices Board for Teaching for the time period September 2003 through June 2004.

STANDING COMMITTEE REPORTS

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

          Motion by:             Regent Joseph E. Bowman, Jr.
          Seconded by:        Regent Saul B. Cohen
          Action:                   Motion carried unaminously

REGENTS COMMITTEE ON ELEMENTARY, MIDDLE, SECONDARY

AND CONTINUING EDUCATION/VOCATIONAL AND EDUCATIONAL SERVICES

FOR INDIVIDUALS WITH DISABILITIES

Your EMSC-VESID Committee held its scheduled meeting on November 4, 2004. Regent Cortés-Vázquez was absent and excused.

ACTION ITEMS

Charter Applications

· Your Committee recommends approval of the charter applications relating to elementary, middle, secondary and continuing education. [BR (A) 1]

Regents Legislative Priorities

· Your Committee recommends approval of the Regents priority legislative proposals for 2005 relating to elementary, middle, secondary and continuing education and vocational and educational services for individuals with disabilities, with the following change:

Remove the proposal to permit access to the Dormitory Authority by charter schools.

[BR (A) 3]

Regulations

· Your Committee recommends that section 100.8 of the Commissioner's Regulations relating to the local high school equivalency diploma be amended as submitted, effective November 25, 2004. [EMSC-VESID (CA) 1]

· Your Committee recommends that section 164.2 of the Commissioner's Regulations relating to adult literacy education aid be amended as submitted, effective November 25, 2004. [EMSC-VESID (CA) 2]

Petition to Exceed the Constitutional Debt Limit

· Your Committee recommends that consent be given to the issuance of bonds and/or bond anticipation notes by the Board of Education of the Peekskill City School District in an amount not to exceed $59,773,000 to construct a middle school and reconstruction of school district buildings, and the issuance of such bonds and/or bond anticipation notes in excess of the constitutional debt limit of said school district. [EMSC-VESID (CA) 3]

Charter Schools

· Your Committee recommends that the proposed revisions to the charters of the following charter schools be approved: Brooklyn Excelsior Charter School and Merrick Academy-Queens Public Charter School. [EMSC-VESID (CA) 4]

· Your Committee recommends that the proposed revision for the Sisulu Children's Academy-Harlem Public Charter School not be approved by a vote of 2 yes and 3 no, with Regents Bottar, Tisch and Dawson voting no. [EMSC-VESID (CA) 4]

· Your Committee recommends that the proposed revision for the Sisulu Children’s Academy- Harlem Public Charter School be returned to The State University of New York.

MOTION FOR ACTION BY FULL BOARD

Mr. Chancellor and Members of the Board: Your EMSC-VESID Committee recommends, and I move, that the Board of Regents act affirmatively upon each of the recommendations set forth in the written report of the deliberations of the Committee at its meeting on November 4, 2004, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

Report on assessment issues

I. Assessment and graduation issues: framework for discussion [Framework for Discussion – attached to Committee agenda and EMSC-VESID (D) 1]

The Committee explored the five questions posed in the Framework for Discussion:

In relation to Question 5 -- What is the performance of CTE students on the required Regents exams? – the Committee asked the Department to provide the following information, particularly in regard to New York City: the number and kinds of CTE programs that are in place; the performance of CTE students on the Regents exams (both before and after the implementation of the CTE standards); CTE enrollment; the size of CTE classes; the effect of the smaller school trend on CTE programs; the role of alternative high schools in the CTE program; and the difficulty of incarcerated individuals to obtain proof of high school completion, many of whom having participated in CTE programs. The Committee requested data on the CTE program; and that representatives of the New York City Department of Education be invited to its December meeting to discuss the CTE program or to provide a written report on the program. Department staff indicated that at the Committee’s December meeting there would be a report on research on the CTE program, conducted by outside consultants.

In relation to Question 4 -- What is the effect of creating an appeals process for students who do not meet a graduation requirement, e.g., fail a required Regents exam? -- descriptions of the appeals process in Massachusetts and Indiana were presented.

In relation to Question 1 -- What is the effect of averaging scores on the five required Regents exams? – and Question 2 – What is the effect of permitting students to meet graduation standards if they would pass 4 and 5 required Regents exams? – the Department will be able to provide data on the two issues in December.

In relation to Question 3 – What is the effect of using a student’s course grades in combination with Regents exam scores as a basis for high school graduation? – the Department will examine the feasibility of conducting a study on the standards for Regents exams and the standards for course grades and report back to the co-chairs.

The Committee requested that Department staff develop a report explaining the underlining logic and rationale behind the original Regents policy to require passing of five Regents exams for high school graduation. The Committee would like to continue the assessment discussion in December and at future Committee meetings.

II. Overview of the 3 – 8 testing program [EMSC-VESID (D) 3]

The timeliness of reporting results was raised as a concern. The Department is studying ways to use technology to address the issue. In this respect, the Committee asked whether NCLB funding could be helpful in addressing this need. The Department is using NCLB funding for a range of statutory requirements.

The Committee requested that the Department analyze the strengths and weaknesses in the implementation of NCLB in New York State.

Special education regulatory reform and recognition and sanctions for school districts [EMSC-VESID (D) 2]

The Committee received a report on special education regulatory reform and recognition and sanctions for school districts. The report proposes a strategy to improve both the achievement of students with disabilities and school district compliance with special education requirements. The proposal is based on public comment received through regional public discussion sessions. The Committee requested that additional public comment be sought, particularly from parents, VESID will outreach to community-based organizations and parent advocacy groups to ensure parent participation. [EMSC-VESID (D) 2]

Federal Legislation and Education in New York State 2005 [BR (D) 5]

The Committee raised no objections to this item.

REGENTS COMMITTEE ON HIGHER EDUCATION AND PROFESSIONAL PRACTICE

Your Higher Education and Professional Practice Committee held its scheduled meeting on November 4, 2004. All members of the Committee were present, except Regent Arnold B. Gardner, who was present for the public session and excused for the executive session, and Regent Milton L. Cofield and Regent Merryl H. Tisch who were excused for both sessions. Vice Chancellor Adelaide L. Sanford was also present during both sessions, but did not participate in the executive session.

ACTION ITEMS

Item for Action

Your Committee recommends that the Regents approve the four priority legislative proposals for 2005 for the Office of Higher Education and the Professions: Improving Services for the Disabled at Postsecondary Institutions; Eliminating Current Disincentive for Retired Public Employees to Work as Teachers and Educational Leaders; Nursing Faculty Scholarship Program; and Revising the Public Accountancy Statute to Reflect Contemporary Practice and Oversight. The descriptive information on the Priority Legislative Proposals was revised to better reflect the purpose of the proposals. The Committee asked staff to bring back more detailed information on the Public Accountancy proposal at the next Committee meeting. The two federal items on the Department’s agenda that pertain to the Office of Higher Education and the Professions – the Carl D. Perkins Vocational and Technical Education Act and the Higher Education Act were also discussed. The Federal agenda section concerning the Higher Education Act was also revised and approved as revised.

Professional Discipline Cases

Your Committee recommends that the reports of the Regents Review Committees, including rulings, findings of fact, determinations as to guilt, and recommendations, by unanimous or majority vote, contained in those reports which have been distributed to you, be accepted in 4 cases, and be modified and/or not accepted in five cases, as hereafter set forth. In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 60 consent order applications and 11 surrender applications be granted.

In the case of Carmen Jean Pierre a/k/a Carmen Pierre Edoward, Jr., licensed practical nurse and registered professional nurse, Calendar Nos. 18727 and 18331, we recommend that the recommendation of the Regents Review Committee be accepted except, by a vote of five to one, with Regent Saul B. Cohen dissenting, as sufficient penalties under the circumstances 1) that its recommendation as to the penalty to be imposed upon respondent’s registered professional nurse license be modified and respondent’s license to practice as a registered professional nurse in New York State be annulled upon the first specification of the amended statement of charges of which the respondent was found guilty, without the imposition of the $5,000 fine; and 2) that its recommendation as to the penalty to be imposed upon respondent’s licensed practical nurse license in New York State not be accepted and respondent’s license to practice as a licensed practical nurse in New York State be suspended for 24 months upon the second specification of the amended statement of charges of which the respondent was found guilty, that execution of the last 12 months of said suspension be stayed, and respondent be fined $2,500, said fine to be paid in the manner and time frame set forth on the last page of the report of the hearing panel.

In the case of Ramona A. Delgado, licensed practical nurse, Calendar No. 20898, the report of the Regents Review Committee be accepted except that its recommendation as to the penalty to be imposed contained in said report not be accepted, and that, based upon a more serious view of respondent’s misconduct, respondent’s license to practice as a licensed practical nurse in the State of New York be suspended for two years upon the charge of which the respondent was found guilty and that execution of the last 18 months of the period of said suspension be stayed at which time respondent then be placed on probation for one year under the terms of probation prescribed by the Regents Review Committee.

In the case of Cam-Suze Leveille, licensed practical nurse and registered professional nurse, Calendar Nos. 21726 and 20027, we recommend that the recommendation of the Regents Review Committee be accepted except, by a vote of five to one, with Regent Saul B. Cohen dissenting, as sufficient penalties under the circumstances 1) that its recommendation as to the penalty to be imposed upon respondent’s registered professional nurse license be modified and respondent’s license to practice as a registered professional nurse in New York State be annulled upon the first specification of the amended statement of charges of which the respondent was found guilty, without the imposition of the $5,000 fine; and 2) that its recommendation as to the penalty to be imposed upon respondent’s licensed practical nurse license in New York State not be accepted and respondent’s license to practice as a licensed practical nurse in New York State be suspended for 24 months upon the second specification of the amended statement of charges of which the respondent was found guilty, that execution of the last 12 months of said suspension be stayed, and respondent be fined $2,500, said fine to be paid in the manner set forth in paragraph 4 on page four of the report of the Regents Review Committee and to be paid within twelve (12) months after the effective date of the service of the order to be issued in this matter.

These recommendations are made following the review of 80 cases involving 15 registered professional nurses, 12 licensed practical nurses, 12 pharmacists, 6 dentists, 5 licensed practical nurses who are also registered professional nurses, 4 professional engineers, 4 veterinarians, 3 certified public accountants, 3 pharmacies, 2 architects, 1 licensed acupuncturist, 1 architect professional corporation, 1 certified social worker, 1 massage therapist, 1 physical therapist, 1 physical therapist assistant, 1 professional engineer professional corporation, and 1 registered professional nurse who is also a nurse practitioner.

RESTORATION PETITIONS

Voted, that the Board of Regents deny the petition for restoration of the professional engineer license of Henry Robert Fulton. [HE & PP EXS (A) 1]

CONSENT AGENDA ITEMS

Your Committee recommends that, effective November 5, 2004, the Regents authorize Plaza College, by master plan amendment, to offer the Associate in Occupational Studies (A.O.S.) degree in Medical Assisting. This amendment will be effective until November 30, 2005, unless the program is registered by the Department prior to that date, in which case master plan amendment shall be without term.

[HE & PP (CA) 1]

Your Committee recommends that the Regents approve the proposed amendment to sections 80-3.6, 80-4.1, 80-4.3, 83.1, 83.3, 83.5, and 87.6 of the Regulations of the Commissioner of Education relating to the title of the Executive Director of the Office of Teaching Initiatives and the extension in gifted education of a teaching certificate. [HE & PP (CA) 2]

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

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

State Board for Certified Shorthand Reporting - reappoint Michael J. DeVito (Rochester) and Angela M. Spinelli (Wantagh) each for a term commencing December 1, 2004, and expiring November 30, 2009

State Board for Chiropractic - appoint Lee T. Masterson (Voorheesville) for a term commencing December 1, 2004, and expiring November 30, 2009

State Board for Nursing – appoint Harriet Feldman (Bellmore) and Kathleen Guido (Tillson) each for a term commencing December 1, 2004, and expiring November 30, 2009

State Board for Occupational Therapy - appoint Gary Cassidy (Saint James) and Eleanor Q. Thiel Murray (Plattsburgh) each for a term commencing December 1, 2004, and expiring November 30, 2009

State Board for Physical Therapy - reappoint Suzanne M. Rinere O’Brien (Rochester) and Carol Wilson-Smith (Brooklyn) each for a term commencing January 1, 2005, and expiring December 31, 2009

State Board for Podiatry - reappoint Harry M. Nevers (Brooklyn) for a term commencing January 1, 2005, and expiring December 31, 2009

State Board for Public Accountancy – reappoint Samuel P. Gunther (New York), Barry B. Seidel (Plainview) and Dena G. Williams (Bronx) each for a term commencing December 1, 2004, and expiring November 30, 2009

Your Committee recommends that the Regents approve the following reappointments as auxiliary members to the State Boards for the Professions solely for service on licensure disciplinary and/or restoration and moral character panels; proposed reappointment of an extended member to the State Boards for the Professions for service on licensure disciplinary, licensure restoration, and moral character panels; and proposed reappointments of members to the State Committee for Professional Assistance: [HE & PP (CA) 4]

State Board for Dentistry - reappoint Naomi Epstein (East Hampton) and Robert Tauber (Mount Kisco) as auxiliary members each for a term commencing December 1, 2004, and expiring November 30, 2009

State Board for Medicine - appoint Jerry Balentine (Rye) as an auxiliary member for a term commencing December 1, 2004, and expiring November 30, 2009

State Board for Podiatry – reappoint Spencer Dubov (Commack) as an extended member for a term commencing January 1, 2005, and expiring December 31, 2009

State Board for Social Work – reappoint Virginia V. David (Pittsford) and Dee Livingston (New York) as auxiliary members each for a term commencing January 1, 2005, and expiring December 31, 2009

State Committee for Professional Assistance – reappoint Richard F. Goliber (Rensselaer) and Carolyn A. Portanova (Rochester) each for a term commencing December 1, 2004, and expiring November 30, 2009

Your Committee recommends that the Regents approve the proposed amendment to paragraph (1) of subdivision (b) of section 61.18 of the Regulations of the Commissioner of Education relating to the residency option pathway for dental licensure. [HE & PP (CA) 5]

Your Committee recommends that the Regents approve, effective November 5, 2004, that The City University of New York Trustees be authorized to confer the degree of Master of Landscape Architecture (M.L.A.) on duly qualified students successfully completing registered programs at The City College of New York. [HE & PP (CA) 6]

Your Committee recommends that the Regents confer the Doctor of Philosophy degree on 6 candidates and the Master of Arts degree on 17 candidates at the Center for Economics Research and Graduate Education – Economics Institute (CERGE- EI); and the Associate in Occupational Studies on 15 candidates at Professional Business College. The conferral of degrees upon the 53 candidates at Gamla College was not acted upon at this meeting. [HE & PP (CA) 7]

Your Committee recommends that the Regents approve an amendment to the absolute charter of Dominican College of Blauvelt to authorize the corporation to issue the degree of Doctor of Physical Therapy (D.P.T.) [BR (A) 1]

MATTERS NOT REQUIRING BOARD ACTION

Your Committee discussed several topics of interest, including:

Proposed Amendment to the Regulations of the Commissioner of Education Relating to Qualifications for Teachers and Paraprofessionals under the No Child Left Behind Act of 2001 [HE&PP (D) 1]

The Committee discussed a proposed addition to Section 120.6 of the Regulations of the Commissioner of Education relating to qualifications of teachers and paraprofessionals under the No Child Left Behind Act of 2001. The amendment will conform the Regulations to the Act requirements.

Proposed Amendment to the Regulations of the Commissioner of Education Relating to the Duration of the Initial Teaching Certificate and Requirements concerning the Faculty of Teacher Preparation Programs [HE&PP (D) 2]

The Committee discussed a proposed amendment that would give teachers with Initial certificates five years rather than three, to complete their master’s degree, which is required for professional certification. The Committee also discussed a proposal to modify the requirement for a fixed percentage of courses in teacher education programs be taught by full-time faculty and the maximum number of hours faculty in the programs may teach.

Update on Alternative Teacher Preparation Programs [HE&PP (D) 3]

The discussion on this item was deferred until the December Committee meeting.

Development of the Statewide Plan for Higher Education, 2004-2012

[HE & PP (D) 4]

The Committee reviewed the structure of the Statewide Plan as well as the initiatives and indicators for each of the Regents Priorities. It also discussed the need for one or more public hearings.

MOTION FOR ACTION BY FULL BOARD

Mr. Chancellor and Colleagues: Your Committee on Higher Education and Professional Practice 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 November 4, 2004, copies of which have been distributed to each Regent.

REGENTS COMMITTEE ON CULTURAL EDUCATION

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

Your Committee on Cultural Education had its scheduled meeting on November 5, 2004 on the 11^th floor of the Cultural Education Center. Vice-Chancellor Sanford, Regents Dawson, Bowman, Brademas and Tallon were in attendance. Regent Cortés-Vázquez was absent.

ACTION ITEMS

Your Committee reviewed the summary recommendations with respect to charter applications. Items listed under Cultural Education were recommended for approval.

Appointments to State Archaeologist, State Geologist and State Entomologist positions within the State Museum were approved as a part of the Consent Agenda.

The CE Committee recommends to the full Board that $11 million be included in the 2005-06 Capital Budget Request for design and site acquisition for a new collection stewardship and research facility.

OCE Collection Stewardship and Research Facility

Mrs. Huxley lead a discussion on the status of plans for the research and collections facility, focusing on understanding of the project, its impact, cost issues and next steps. Materials included cost figures for the building, equipment and furniture, land acquisition sites under consideration, operating costs, staffing needs and financing challenges.

ITEMS NOT REQUIRING ACTION

Draft Federal Agenda was reviewed for any issues.

REGENTS COMMITTEE ON QUALITY

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

Your Committee on Quality held its scheduled meeting on November 5, 2004. Chancellor Bennett, Vice Chancellor Sanford and Regent Bowman were present. Regents Chapey, Gardner, McGivern, and Phillips also attended.

APPROVAL

No items were recommended for formal approval by the Regents.

MATTERS NOT REQUIRING BOARD ACTION

· Your Committee reviewed draft protocols for Board meetings, which clarifies operational procedures, communication strategies, Board/staff relationships, Committee work and the conduct of meetings. This Committee will review a revised draft in December before bringing the statement to the full Board.

· Your Committee also discussed the proposed Regents priorities for policy creation and policy review. This list, revised to reflect the Committee’s discussion, will be shared with the Board before the December meeting.

· Your Committee received an update on planning for the USNY Summit.

The Summit will be held as part of the monthly Board meeting on November 9-10, 2005 in Albany.

The theme will be about mobilizing USNY resources for a strong future for New York. The Summit will focus on the dual goals of higher standards for the performance of the system overall and closing the achievement gaps PreK-16.

The Summit will be preceded by seven regional conversations to be held during March through early May. Each regional conversation will be convened by a local district superintendent, the Regent from the area, the Deputies, and another USNY leader – possibly a college president or chief executive officer of a major cultural institution.

Participants will be USNY leaders with track records of working across institutional boundaries, with good participation from business and industry, community or nonprofit organizations, and government leaders.

The November 2005 Summit will be followed by assertive implementation of a few critical strategies agreed to at the meeting and another series of regional conversations.

· Your Committee received an update on the development of the strategic plan. The Board will be asked to approve the new plan in early 2005.

· Your Committee received an update on the USNY Technology Policy and Practices Council. The Council plans a December or January meeting to finalize procurement plans for several studies related to digital capacity, content, and use. The Council will also be inviting other Deputy Commissioners to meet with the Council to discuss their vision for the use of technology in USNY institutions.

APPENDIX I

NEW YORK STATE BOARD OF REGENTS

CHARTER ACTIONS

November 5, 2004

AMERICAN FOLK ART MUSEUM. An application having been made by and on behalf of the trustees of the American Folk Art Museum, for an amendment of its charter, it was

Voted, that the provisional charter of the American Folk Art Museum, located in the city, county, and state of New York, which was granted by action of the Board of Regents under the corporate name “Museum of Early American Folk Arts” on June 23, 1961; which provisional charter was amended by Regents action on October 28, 1966 to change the corporate name to “Museum of American Folk Art” and, as so amended, made absolute; which absolute charter was amended by Regents action on July 27, 1979, January 18, 1989 and June 21, 2001 to change the corporate name to “American Folk Art Museum” be, and the same hereby is, amended to restate the corporate purposes to read:

“2. The purposes for which such corporation is formed are to establish and maintain a museum, library and educational center in the City of New York and to foster, promote and increase the knowledge and appreciation of American folk art, its roots and influences and related art expressions throughout the world, including but not limited to the work of contemporary self-taught artists.”

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

Voted, that the provisional charter of Avoca Free Library, an association library chartered to serve the town of Avoca, located in Avoca, county of Steuben, state of New York, which was granted by action of the Board of Regents on March 4, 1915; which provisional charter was extended by Regents action on December 20, 1940, January 17, 1947, June 29, 1951, February 24, 1956, February 24, 1961 and June 24, 1966; which provisional charter was made absolute by Regents action on March 25, 1977 be, and the same hereby is, amended to change the number of trustees from five to not less than five nor more than fifteen; to designate the Commissioner of Education as the representative of the corporation upon whom process may be served, and to add the following language:

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

“No part of the net earning of the corporation shall inure to the benefit of any member, trustee, director, officer of the corporation, or any private individual (except that reasonable compensation may be paid for services rendered to or for the corporation), and no member, trustee, officer of the corporation or any private individual shall be entitled to share in the distribution of any of the corporate assets upon dissolution of the corporation.

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

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

HEARTLAND LIVING MUSEUM. An application having been made by and on behalf of the trustees of the Heartland Living Museum, for an amendment of its charter, it was

Voted, that the provisional charter of the Heartland Living Museum, located in Evans Mills, county of Jefferson, state of New York, which was granted by action of the Board of Regents on November 14, 2003 be, and the same hereby is, amended to change the corporate name to “North Country Historic Village.”

CLARKSVILLE HISTORICAL SOCIETY

Voted, that

1. A provisional charter valid for a term of five years is granted incorporating David W. Briscoe, David E. Ingraham, Marilyn Miles, Steven Crookes, Janice Crookes, Michelle VanAlstyne, Robert VanAlstyne, Michael Cootware, Joseph T. Hogan, Carolyn O. Weatherwax, John J. McKenzie, Jaime L. Pauley, Keith Leonard, Elwood L. Vanderbilt, Brenda K. Dwyer and their associates and successors as an education corporation under the corporate name of Clarksville Historical Society, located in Clarksville, county of Albany, state of New York.

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

a. To promote, stimulate, and encourage local history through the publication of materials and educational programs;

b. To disseminate and encourage a greater knowledge of the history of the state of New York and particularly Clarksville and its environs;

c. To gather, preserve, display and make available for study artifacts, relics, books, manuscripts, papers, photographs, and other records and materials relating to the history of the state of New York and particularly Clarksville and the surrounding area;

d. To encourage the suitable marking of places of historic interest, such as the limestone industry, unique to Clarksville; and

e. To acquire by purchase, gift, devise, or otherwise the title to or the custody and control of historic sites and structures, and to preserve and maintain such sites and structures, when feasible.

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

David W. Briscoe

1812 Indian Fields Road

Feura Bush, New York 12067

David E. Ingraham

808 South Road

Clarksville, New York 12041

Marilyn Miles

P.O. Box 76

Clarksville, New York 12041

Steven Crookes

P.O. Box 92

Clarksville, New York 12041

Janice Crookes

P.O. Box 92

Clarksville, New York 12041

Michelle VanAlstyne

P.O. Box A

Clarksville, New York 12041

Robert VanAlstyne

P.O. Box A

Clarksville, New York 12041

Michael Cootware

P.O. Box 276

Clarksville, New York 12041

Joseph T. Hogan

P.O. Box 0113

Clarksville, New York 12041-0113

Carolyn O. Weatherwax

305 Heritage Way

Gansevoort, New York 12831

John J. McKenzie

P.O. Box 213

Clarksville, New York 12041-0213

Jaime L. Pauley

P.O. Box 142

Clarksville, New York 12041

Keith Leonard

P.O. Box 142

Clarksville, New York 12041

Elwood L. Vanderbilt

1876 Tarrytown Road

Feura Bush, New York 12067

Brenda K. Dwyer

P.O. Box 124

Clarksville, New York 12041-0124

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

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

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

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

9. The mailing address of the corporation shall be P.O. Box 91, Clarksville, New York 12041-0091.

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

11. Such provisional charter will be made absolute if, within five years after the date when this charter is granted, the corporation shall acquire resources and equipment which are available for its use and support and which are sufficient and suitable for its chartered purposes in the judgment of the Regents of the University, and shall be maintaining an institution of educational usefulness and character satisfactory to the Regents. Prior to the expiration of said five-year period, an application for the extension of such provisional charter or for an absolute charter will be entertained by the Regents, but in the event that such application is not made, then at the expiration of said term of five years, and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

THE GREATER FLEISCHMANNS MUSEUM OF MEMORIES

Voted, that

1. A provisional charter valid for a term of five years is granted incorporating Margaret C. Kearney, Jacqualine Grocholl, John Duda, Mabel West, Karen Shafer and their associates and successors as an education corporation under the corporate name of The Greater Fleischmanns Museum of Memories, located in Fleischmanns, county of Delaware, state of New York.

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

a. To foster an appreciation and understanding of the rich local history of the village of Fleischmanns and the surrounding area;

b. To preserve historic artifacts that chronicle and celebrate our past, and develop programs and exhibits that preserve the history and heritage of our community;

c. To present programs on local history in the area’s schools and to arrange special exhibits or programs for the public relating to our local history; and

d. To acquire, collect, preserve, maintain and make available for public study and examination appropriate documents, records, objects and artifacts, and also assist persons with researching aspects of the area’s history.

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

Margaret C. Kearney

P.O. Box 274

Fleischmanns, New York 12430

Jacqualine Grocholl

P.O. Box 261

Fleischmanns, New York 12430

John Duda

1592 County Highway 37

Fleischmanns, New York 12430

Mabel West

P.O. Box 273

Highmount, New York 12441

Karen Shafer

P.O. Box 537

Margaretville, New York 12455

9. The institution to be maintained by the proposed corporation is to be located at 1015 Main Street, Fleischmanns, New York 12430.

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

THE HISTORICAL SOCIETY OF THE UNITED STATES COURT OF INTERNATIONAL TRADE

Voted, that

1. A provisional charter valid for a term of five years is granted incorporating Gail T. Cumins, Joseph F. Donohue, Jr., Rufus E. Jarman, Jr., William D. Outman, II, Terence P. Stewart and their associates and successors as an education corporation under the corporate name of The Historical Society of the United States Court of International Trade, located in the city, county, and state of New York.

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

a. To gather, collect, own, hold, preserve, display, chronicle, and make available appropriate artifacts, books, manuscripts, documents, photographs, artwork and the like of the Court and its predecessor tribunals;

b. To encourage public interest in, and greater knowledge of, the Court’s history;

c. To hold meetings, programs and events, sponsor exhibits, issue publications and otherwise disseminate information on the Court’s history; and

d. To receive gifts and grants and make distributions thereof for purposes and activities that qualify as exempt under section 501 (c)(3) of the Internal Revenue Code of 1986 (“the Code”), or the corresponding provisions of any subsequent Federal tax law.

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

Gail T. Cumins

Sharretts, Paley, Carter & Blauvelt, P.C.

75 Broad Street

New York, New York 10004

Joseph F. Donohue, Jr.

Donohue and Donohue

26 Broadway, Suite 2300

New York, New York 10004-1801

Rufus E. Jarman, Jr.

Barnes, Richardson & Coburn

475 Park Avenue South

New York, New York 10016-6901

William D. Outman, II

Baker & McKenzie

815 Connecticut Avenue, N.W.

Washington, District of Columbia 20006

Terence P. Stewart

Stewart and Stewart

2100 M Street, N.W., Suite 200

Washington, District of Columbia 20037-1207

9. The institution to be maintained by the proposed corporation is to be located at Donohue and Donohue, 26 Broadway, New York, New York 10004.

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

MUSEUM OF BIBLICAL ART

Voted, that

1. A provisional charter valid for a term of five years is granted incorporating Lisa Ackerman, Chandra Anderson, William F. Baker, Marylou Habecker, Peter Rathbun, Sandra Bowden, John W. Cook, Dennis Dickerson, Brian O’Neil, Kevin Pritchett and their associates and successors as an education corporation under the corporate name of Museum of Biblical Art, located in the city, county, and state of New York.

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

a. To establish and maintain a museum of Biblical art, to foster understanding and appreciation of art inspired by the Bible and its legacy through the centuries by highlighting the connection between art and religion in the Jewish and Christian traditions;

b. To organize exhibitions that address Judeo-Christian art in its full historical and religious contexts, utilizing the Bible as primary source and formative text for our culture;

c. To organize exhibitions that focus on the Rare Scripture Collection of the American Bible Society, highlighting the history and cultural impact of the printing, translation, and illustration of the Bible;

d. To promote and support research and scholarship, issue publications, and create school and public programs that supplement the educational value of the exhibition and teach about the rich artistic and cultural history of the Bible; and

e. To collect, own and hold a collection consisting primarily of contemporary art inspired by the Bible and create a platform for the research, display and promotion of such art.

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

Lisa Ackerman

174 East 80^th Street

New York, New York 10021

Chandra Anderson

253 West 125^th Street

New York, New York 10027

William F. Baker

450 West 33^rd Street

New York, New York 10001

Marylou Habecker

1865 Broadway

New York, New York 10023

Peter Rathbun

1865 Broadway

New York, New York 10023

Sandra Bowden

30 Attuckes Trail

Chatham, Massachusetts 02633

John W. Cook

80 Fernwood Drive

Gilford, Connecticut 06437

Dennis Dickerson

Historiographer’s Office/Editor

AME Church Review

African Methodist Episcopal Church

P.O. Box 2203

Nashville, Tennessee 37202

Brian O’Neil

Robert Wood Johnson Foundation

Route 1 & College Road East

P.O. Box 2316

Princeton, New Jersey 08543

Kevin Pritchett

Kevin Pritchett and Associates Retirement

Planning and Wealth Management, Inc.

1 Westbrook Corporation Center

Westchester, Illinois 60154

9. The institution to be maintained by the proposed corporation is to be located at 1865 Broadway, New York, New York 10023.

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

OAK ORCHARD LIGHTHOUSE MUSEUM

Voted, that

1. A provisional charter valid for a term of five years is granted incorporating Margaret M. Wiley, Diane L. Blanchard, Cheryl A. Staines, Richard N. Anderson, Diana L. Jeffords and their associates and successors as an education corporation under the corporate name of Oak Orchard Lighthouse Museum, located in Albion, county of Orleans, state of New York.

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

a. To rebuild and maintain an historically correct lighthouse and establish a museum relating to the maritime and local history of the Point Breeze (town of Carlton) county of Orleans, New York harbor and area;

b. To collect, own, hold, maintain, preserve, and make available appropriate historical objects and artifacts;

c. To arrange, create, maintain and promote appropriate historical exhibits and displays;

d. To establish and maintain an historical research library and archives; and

e. To promote and support historical research and scholarship, issue publications in any format, and organize historical and cultural activities, programs and events for the public.

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

Margaret M. Wiley

1180 Point Breeze Road

Kent, New York 14477

Diane L. Blanchard

12679 Roustabout Terrace

Lyndonville, New York 14098

Cheryl A. Staines

311 South Main Street

Albion, New York 14411

Richard N. Anderson

14387 Oak Orchard on the Lake

Waterport, New York 14571

Diana L. Jeffords

1799 Oak Orchard Road

Albion, New York 14411

9. The institution to be maintained by the proposed corporation is to be located at Orleans County Marine Park at Point Breeze, town of Carlton, county of Orleans. The mailing address will be P.O. Box 436, Albion, New York 14411.

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

PLATTEKILL LIBRARY. An application having been made by and on behalf of the trustees of Plattekill Library, an association library, for its charter to be dissolved, and for approval of the distribution of its remaining corporate assets to the Plattekill Public Library, a special district library, and it appearing from the petition that all taxes payable by the corporation have been paid, it was

Voted, that the provisional charter of Plattekill Library, located in Modena, county of Ulster, state of New York, which was granted by action of the Board of Regents on March 23, 1984 to operate an association library. Which provisional charter was made absolute by action of the Board of Regents on April 14, 1989 and amended by Regents action on July 28, 1989 be, and the same hereby is, dissolved, and that notice to such effect be given to the board of trustees of the corporation, and that the distribution of the corporation’s assets to the Plattekill Public Library, a special district library, be, and the same hereby is, approved.

CARLE PLACE PUBLIC LIBRARY FUNDING DISTRICT. An application having been made by and on behalf of the trustees of Carle Place Public Library Funding District, for its certificate of incorporation to be restated, it was

Voted, that the certificate of incorporation of Carle Place Public Library Funding District, located in Carle Place, county of Nassau, state of New York, which was incorporated by Special Act of the Legislature pursuant to the provisions of Chapter 457 of the Laws of 2001 on November 13, 2001. Which certificate of incorporation was amended by Chapter 80 of the Laws of 2003 on June 18, 2003 and Chapter 620 of the Laws of 2003 on September 30, 2003 be, and the same hereby is, restated in its entirety to read as follows:

1. The name of the corporation is “Carle Place Public Library Funding District”.

2. The purposes of the corporation are to provide public library services to the residents of the public library funding district as constituted pursuant to Chapter 457 of the State of New York, Laws 2001 by providing library services to the residents of the district by contracting for same with the trustees of any public or free association library registered with the Board of Regents of the University of the State of New York, or with the trustees of a cooperative library system approved by the Commissioner of Education to furnish library services to the people of the district for whose benefit the contract is made, under such terms and conditions as may be stated in such contract and to exercise all the powers and duties set forth in Chapter 457 of the Laws of 2001 as amended.

3. The library shall be administered by a board of five trustees. Peter Prommersberger, Margaret Wilde, Peter McDonnell, David Evans and Michael Fitzerald shall constitute the first board of trustees. The board shall have power to adopt bylaws, not inconsistent with Chapter 457 of the Laws of 2001, as amended by Chapter 620 of the Laws of 2003, including therein provisions fixing the method of election and the term of office. The board of trustees shall have all other powers as provided by law.

4. The corporation is a nonstock corporation organized and operated exclusively for educational purposes, and no part of the earnings or net income of the corporation shall inure to the benefit of any individual; and no officer, member or employee of the corporation shall receive or be entitled to receive any pecuniary profit from the operations thereof, except reasonable compensation for services.

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

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

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

8. The principal office of the corporation is located at 497 Westbury Avenue, Carle Place, New York 11514.

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

BAY RIDGE PREPARATORY. An application having been made by and on behalf of the trustees of Bay Ridge Preparatory, for its provisional charter to be amended and, as so amended, made absolute, and it appearing to the satisfaction of the Regents that the conditions for an absolute charter have been met, it was

Voted, that the provisional charter of Bay Ridge Preparatory, located in Brooklyn, county of Kings, state of New York, which was granted by action of the Board of Regents on July 17, 1998 be, and the same hereby is, amended to change the corporate name to “Bay Ridge Preparatory School”; to change the corporate address to 8101 Ridge Boulevard, Brooklyn, New York 11209; to authorize the corporation to also operate at 7420 4^th Avenue, Brooklyn, New York 11209-2508 and to operate a pre-kindergarten and, as so amended, the same be, and hereby is, made absolute.

CATHOLIC ELEMENTARY SCHOOL ASSOCIATION OF NEW YORK

Voted, that

1. An absolute charter in the first instance is granted incorporating Edward Cardinal Egan, Bishop Robert A. Brucato, Monsignor Thomas E. Gilleece, Dr. Catherine Hickey, John Coyne and their associates and successors as an education corporation under the corporate name of Catholic Elementary School Association of New York, located in the city, county, and state of New York.

2. The purposes for which such corporation are to be formed are:

a. To operate nursery schools for preschool children from three to five years of age;

b. To operate kindergartens for five year olds; and

c. To operate grade one through eight elementary schools,

in the following counties: Richmond, New York, Bronx, Westchester, Putnam, Dutchess, Sullivan, Rockland, Orange and Ulster.

3. The persons named as incorporators shall constitute the first board of trustees. The board shall have power to adopt bylaws, including therein provisions fixing the method of election and the term of office of trustees, and shall have power by vote of two-thirds of all the members of the board of trustees to change the number of trustees to be not more than twenty-five nor less than five. The trustees shall at all times include ex officio those persons holding the offices of Archbishop of New York, Vicar General of the Archdiocese of New York and Chancellor of the Archdiocese of New York, and such other trustees as may be elected in accordance with the corporation’s by-laws.

4. The proposed corporation shall have the power (a) to buy, own, sell, assign, mortgage, or lease any interest in real estate and personal property and to construct, operate, and maintain improvements thereon necessary and incident to the accomplishment of the purposes set forth herein, (b) to borrow money and issue evidence of indebtedness in furtherance of any or all objects of its business, and to secure the same by mortgage, pledge, or other lien on the proposed corporations property, and (c) to do and perform all other acts permissible under law, engage in any kind of activity, and to enter into, perform and carry out contracts of any kind, necessary and incident to the purposes of the proposed corporation.

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

Edward Cardinal Egan

1011 First Avenue

New York, New York 10022

Bishop Robert A. Brucato

1011 First Avenue

New York, New York 10022

Monsignor Thomas E. Gilleece

1011 First Avenue

New York, New York 10022

Dr. Catherine Hickey

1011 First Avenue

New York, New York 10022

John Coyne

1011 First Avenue

New York, New York 10022

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

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

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

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

10. The mailing address of the corporation shall be 1011 First Avenue, New York, New York 10022.

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

NATIVITY MISSION CENTER. An application having been made by and on behalf of the trustees of Nativity Mission Center, for its provisional charter to be amended and, as so amended, made absolute, and it appearing to the satisfaction of the Regents that the conditions for an absolute charter have been met, it was

Voted, that the provisional charter of Nativity Mission Center, located in the city, county, and state of New York, which was granted by action of the Board of Regents on April 24, 2001 be, and the same hereby is, amended to restate the purposes to read as follows:

“2. The purpose for which such corporation is formed is to operate (i) a grade six through eight elementary school, (ii) an after school program for students from eight to eighteen years of age and (iii) a summer camp program for students from eight to fifteen years of age at Camp Monserrate, 100 Julian Drive, Lake Placid, New York 12496 or such other location with the prior express written consent of the State Education Department.”

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

THE SOLOMON SCHECHTER SCHOOL OF QUEENS. An application having been made by and on behalf of the trustees of The Solomon Schechter School of Queens, for its absolute charter to be amended, it was

Voted, that the provisional charter of The Solomon Schechter School of Queens, located in Flushing, county of Queens, state of New York, which was incorporated by action of the Board of Regents on March 1, 1957; which provisional charter was made absolute by Regents action on March 23, 1962; which absolute charter was amended by Regents action on February 23, 1968, May 25, 1973 and July 18, 1997 be, and the same hereby is, amended to increase the maximum number of trustees from twenty-five to thirty-seven.

BROOKLYN FREE SCHOOL

Voted, that

1. A provisional charter valid for a term of three years is granted incorporating Alan P. Berger, Jerry Mintz, Corinne Goodman, Katherine Chew, Sheryll Durrant and their associates and successors as an education corporation under the corporate name of Brooklyn Free School, located in Brooklyn, county of Kings, state of New York.

2. The purposes for which such corporation is formed are to run a pre-Kindergarten through 12^th grade independent school. Nothing contained in this charter shall otherwise directly or indirectly allow the corporation to establish or operate a day care center as that term is defined in the social services law.

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

Alan P. Berger

506 3 Street

Brooklyn, New York 11215

Jerry Mintz

417 Roslyn Road

Roslyn Heights, New York 11577

Corinne Goodman

435 7^th Street

Brooklyn, New York 11215

Katherine Chew

296 Sterling Place

Brooklyn, New York 11238

Sheryll Durrant

466 76^th Street

Brooklyn, New York 11209

9. The institution to be maintained by the proposed corporation is to be located at 120 16^th Street, Brooklyn, New York 11215.

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

11. Such provisional charter will be made absolute if, within three years after the date when this charter is granted, the corporation shall acquire resources and equipment which are available for its use and support and which are sufficient and suitable for its chartered purposes in the judgment of the Regents of the University, and shall be maintaining an institution of educational usefulness and character satisfactory to the Regents. Prior to the expiration of said three-year period, an application for the extension of such provisional charter or for an absolute charter will be entertained by the Regents, but in the event that such application is not made, then at the expiration of said term of three years, and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

JOHN A. COLEMAN SCHOOL

Voted, that

1. A provisional charter valid for a term of three years is granted incorporating Sr. Carol A. Barnes, S.C., Thomas Feuerstein, Peter T. McKeever, Sr. Marie Morris, S.C., Clarence N. York, Ed.D. and their associates and successors as an education corporation under the corporate name of John A. Coleman School, located in the city, county and state of New York.

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

a. To provide early intervention services to children with special needs, aged birth to three years old;

b. To establish, construct, own, operate and maintain (i) a preschool for children with disabilities aged two to five years old; and (ii) a school for children with disabilities aged four to twenty-one years old;

c. To establish and operate day care centers in New York State, initially in New York County, provided, however, before each such facility shall be established and opened, the prior written approval of the New York State Office of Children and Family Services (The New York City Department of Health for centers within the city of New York) must be obtained; and

d. To engage in any other lawful activity for which a corporation may be formed under Education Law, as the same be amended from time to time, which is necessary or convenient to effect, or which is conducive to the attainment of, any or all of the foregoing purposes.

3. Nothing contained herein shall authorize the corporation to establish, operate, construct, lease or maintain a hospital or to provide hospital service or health related service or to operate a home care services agency, a hospice or a health maintenance organization, or to provide a comprehensive health services plan, as defined in and covered by Articles 28, 36, 40 and 44, respectively, of Public Health Law, or to solicit, collect or otherwise raise or obtain any funds, contributions or grants from any source for the establishment or operation of any hospital in New York state. In addition, the corporation’s purposes do not authorize the corporation to establish, operate or maintain an adult home, residence for adults or enriched housing program as provided by Article 7 of the Social Services Law, or to solicit contributions for any such purpose.

4. Nothing contained herein shall authorize the corporation to provide Early Intervention services without obtaining all approvals required by Title II-A or Article 25 of the Public Health Law, Title 10 of the Codes, Rules and Regulations of the State of New York or, any other applicable law or regulation.

5. The persons named as incorporators shall constitute the first board of trustees. Except for management powers reserved to the members pursuant to paragraph 6 herein, the board shall have the authority and responsibility to administer and manage the corporation, including the power to adopt bylaws, including therein provisions fixing the method of election and the term of office of trustees, and shall have power by vote of two-thirds of all the members of the board of trustees to change the number of trustees to be not more than twenty-five nor less than five.

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

Sr. Carol A. Barnes, S.C.

20 Washington Square North

Apartment 4

New York, New York 10011

Thomas Feuerstein

5 Cliffview Court

Princeton Junction, New Jersey 08550

Peter T. McKeever

271 West Hills Road

New Canaan, Connecticut 06840

Sr. Marie Morris, S.C.

Ely Hall

6301 Riverdale Avenue

Bronx, New York 10471

Clarence N. York, Ed. D.

Clarence N. York Associates, Inc.

866 United Nations Plaza

Suite 4055

New York, New York 10017

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

8. The members of the corporation shall be individuals who are members of the Sisters of Charity of St. Vincent de Paul. In addition to all other rights and powers prescribed to members under New York law and/or the by-laws of this corporation and subject to the approval of the Board of Regents where required by law, the following powers are hereby reserved by this corporation to the members of the corporation:

(a) To change the mission and purposes of the corporation for which it was and is formed to exist and to assess the effectiveness of the fulfillment of the corporations’ mission;

(b) To approve any acquisition, purchase, sale, mortgage, lease, transfer or encumbrance of the real assets of the corporation that exceeds an amount set from time to time by the members;

(d) To approve any petition, prior to its acceptance by the board of trustees for its submission to the Board of Regents, to change the charter of the corporation;

(e) To appoint members of the board of trustees of the corporation and to provide for the replacement or removal of trustees;

(f) To amend, restate or modify the provisions of the bylaws of the corporation fixing the method of election and the term of office of trustees and changing the number of trustees to be not more than twenty-five nor less than five;

(g) To establish policies that facilitate the work of and the relationships among the members, the board of trustees and the administrator the institution;

(h) To approve, for the corporation, capital fund drives and any borrowing or receipt of gifts or bequests over an amount set from time to time by the members; and

(i) To approve the dissolution, merger, consolidation or liquidation of the corporation or the sale of all or substantially all of its assets.

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

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

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

12. The institution to be maintained by the proposed corporation is to be located at 590 Avenue of Americas, New York, New York 10011.

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

14. Such provisional charter will be made absolute if, within three years after the date when this charter is granted, the corporation shall acquire resources and equipment which are available for its use and support and which are sufficient and suitable for its chartered purposes in the judgment of the Regents of the University, and shall be maintaining an institution of educational usefulness and character satisfactory to the Regents. Prior to the expiration of said three-year period, an application for the extension of such provisional charter or for an absolute charter will be entertained by the Regents, but in the event that such application is not made, then at the expiration of said term of three years, and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

NOAH’S ARK COMMUNITY PRESCHOOL. An application having been made by and on behalf of the trustees of Noah’s Ark Community Preschool, for its provisional charter to be extended, it was

Voted, that the provisional charter of Noah’s Ark Community Preschool, located in Avoca, county of Steuben, state of New York, which was granted by action of the Board of Regents on June 12, 2001 and the same hereby is, extended until November 5, 2007; and prior to that date, an application for the further extension of such provisional charter or for an absolute charter will be entertained by the Regents, but, in the event that such application is not made, then after November 5, 2007 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

EARLY LEARNING CENTER OF WHITE PLAINS. An application having been made for approval of the judicial dissolution of the Early Learning Center of White Plains, and it appearing from the petition that all taxes payable by the corporation have been paid, it was

Voted, that approval is hereby given, nunc pro tunc, to the judicial dissolution of Early Learning Center of White Plains, located in White Plains, county of Westchester, state of New York, to which a provisional charter and order of consolidation with the White Plains Child Day Care Association, Inc., a Membership Corporation, was granted by action of the Board of Regents on December 20, 2001, to operate under such provisional charter; and which corporation, the Early Learning Center of White Plains, was dissolved by Order of Dissolution of the Supreme Court, county of Westchester, dated December 5, 2003 and filed on December 9, 2003.

DOMINICAN COLLEGE OF BLAUVELT. An application having been made by and on behalf of the trustees of Dominican College of Blauvelt, for an amendment of its charter, it was

Voted, that the provisional charter of Dominican College of Blauvelt, located in Blauvelt, county of Rockland, and state of New York, which was granted by action of the Board of Regents under the corporate name “Dominican Junior College of Blauvelt” on July 25, 1952; which provisional charter was amended by Regents action on June 28, 1957 and, as so amended, extended; amended by Regents action on June 26, 1959 to change the corporate name to “Dominican College of Blauvelt,” to delete the word “junior” from the purposes clause and to add authority for the College to confer the degrees of Bachelor of Arts (B.A.) and Bachelor of Science in Education (B.S. in Ed.) and, as so amended, further extended; extended by Regents action on January 24, 1964 and made absolute by Regents action on June 24, 1966; which absolute charter was amended by Regents action on May 25, 1973, March 26, 1993, January 14, 1994 and July 19, 1996 be, and the same hereby is, amended to authorize the corporation to also confer the Doctor of Physical Therapy (D.P.T.) degree.

APPENDIX II

REGENTS ACTIONS IN 80 PROFESSIONAL DISCIPLINE CASES

AND 1 RESTORATION PETITION

November 4-5, 2004

The Board of Regents announced disciplinary actions resulting in the revocation of 1 license, surrender of 10 licenses, 1 of which was originally a certificate, and 1 certificate, and 68 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 1 restoration petition.

I. REVOCATIONS AND SURRENDERS

Dentistry

Richard John Genco; P.O. Box 708, 363 Main Street, South Fallsburg, NY 12779; P.O. Box 708, 5203 Main Street, South Fallsburg, NY 12779; Lic. No. 044387; Cal. No. 21198; Found guilty of professional misconduct; Penalty: Revocation.

Timothy Kuna; 451 W. Lincoln Avenue, Madison Heights, WI 48071; Lic. No. 043530; Cal. No. 21774; Application to surrender license granted. Summary: Licensee admitted to the charge of having been found guilty by the Michigan Board of Dentistry of professional misconduct.

Engineering and Land Surveying

Nanda Kumar Chakrabarti; Professional Engineer; 111 Cuffy’s Lane, Cherry Hill, NJ 08003; Lic. No. 065819; Cal. No. 21528; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted of 2 counts of Bribe Receiving in the 3rd Degree and 2 counts of Criminal Solicitation in the 4th Degree.

Nursing

Stephen E. Chagnon; Registered Professional Nurse; 175 Broad Street, Glens Falls, NY 12801; Lic. No. 357469; Cal. No. 21697; Application to surrender license granted. Summary: Licensee admitted to the charge of adding a foreign substance to patient’s tube feedings and withholding tube feedings without a medical order.

Rosemarie Bissonnette; Registered Professional Nurse; 793 Windemere Point Way, Oceanside, CA 92054; Lic. No. 453374; Cal. No. 21761; Application to surrender license granted. Summary: Licensee admitted to the charge of having been found guilty by the California Board of Registered Nursing of professional misconduct.

Lewis T. Scholefield; Registered Professional Nurse; 336 Sundown Lane, Forsythe, MO 65653; Lic. No. 372164; Cal. No. 21765; Application to surrender license granted. Summary: Licensee admitted to the charge of failing to perform assessments of and to properly monitor patients although he documented that he had.

Albert Spicer; Licensed Practical Nurse; 40 Angelo Road, Poughkeepsie, NY 12603; Lic. No. 226010; Cal. No. 21769; Application to surrender license granted. Summary: Licensee admitted to the charge of striking an incompetent nursing home resident.

Pharmacy

Milton Barasch; 12 Ivy Way, Aberdeen, NJ 07747; Lic. No. 021886; Cal. No. 21747; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted of Conspiring with Others to Commit Health Care Fraud, a felony.

Physical Therapy

Jane Salamack Reilly; Physical Therapist Assistant; 175 Cedar Shore Drive, Massapequa, NY 11758; Cert. No. 001686; Cal. No. 21766; Application to surrender certificate granted. Summary: Licensee admitted to the charge of altering her physical therapist assistant registration to falsely reflect her registration as a physical therapist and thereafter accepting employment as a physical therapist.

Public Accountancy

Alan Jerome Goldberger a/k/a Alan Goldberger; Certified Public Accountant; 768 East 18^th Street, Brooklyn, NY 11230; Lic. (Cert.) No. 019636; Cal. No. 21679; Application to surrender license (certificate) granted. Summary: Licensee admitted to the charge of failing, in each of three audits, to perform audit procedures on the part of an entity’s financial statements that concerned related-party transactions.

Veterinary Medicine

Christopher Arnold; 212 Woodlawn Avenue, St. James, NY 11780; Lic. No. 008429; Cal. No. 21797; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted of Prescription Fraud in the State of Texas.

Vikki McLawhorn; General Delivery, Green Harbor, MA 02041; Lic. No. 004493; Cal. No. 21827; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted of Criminal Possession of a Controlled Substance.

II. OTHER REGENTS DISCIPLINARY ACTIONS

Acupuncture

Henry Buck; 260 Riverside Drive, New York, NY 10025; Lic. No. 000273; Cal. No. 21457; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $500 fine.

Architecture

Andrew Lowell Pettit; 44 West 76^th Street, New York, NY 10023; Lic. No. 011089; Cal. No. 21506; Application for consent order granted; Penalty agreed upon: 24 month suspension, execution of last 23 months of suspension stayed, probation 24 months, $2,500 fine.

Eric J. Pelletier; 248-260 Middle Country Road, Selden, NY 11784; Lic. No. 022560; Cal. No. 21507; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, probation 1 year, $1,000 fine.

Eric J. Pelletier Architect, P.C.; Architecture; 248-260 Middle Country Road, Selden, NY 11784; Cal. No. 21573; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, probation 1 year.

Dentistry

Robert Katz; 652 Suffolk Avenue, Brentwood, NY 11717; Lic. No. 022820; Cal. No. 21407; Application for consent order granted; Penalty agreed upon: 1 year suspension, thereafter probation 2 years, $2,500 fine.

Sherman Ross Citron; 201 Broadway, Lawrence, NY 11559; Lic. No. 016121; Cal. No. 21589; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $500 fine.

Mark Spierer; 11 Allison Drive, Englewood Cliffs, NJ 07632; Lic. No. 033859; Cal. No. 21702; Application for consent order granted; Penalty agreed upon: 24 month suspension, execution of last 23 months of suspension stayed, probation 2 years, $1,000 fine.

Daniel J. Gesek; 1601 Gemini Drive, Olean, NY 14760; Lic. No. 026284; Cal. No. 21782; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $1,000 fine.

Engineering and Land Surveying

John Thomas Capelli; Professional Engineer; 10 Park Place, Ballston Spa, NY 12020; Lic. No. 050941; Cal. No. 21011; Application for consent order granted; Penalty agreed upon: Suspension for no less than 1 year and until terminated as set forth in consent order application – upon termination of suspension, probation 2 years to commence upon return to practice.

Alexander Deutsch; Professional Engineer; 1369 Richmond Court, East Meadow, NY 11554; Lic. No. 073204; Cal. No. 21626; Application for consent order granted; Penalty agreed upon: 24 month suspension, execution of last 21 months of suspension stayed, probation 24 months, $5,000 fine.

A.D. Engineering Service, P.C.; Professional Engineering; 1369 Richmond Court, East Meadow, NY 11554; Cal. No. 21627; Application for consent order granted; Penalty agreed upon: 24 month suspension, execution of last 21 months of suspension stayed, probation 24 months.

Gaspare Rosario Santoro; Professional Engineer; 155 Weaver Street, Staten Island, NY 10312; Lic. No. 045601; Cal. No. 21695; Application for consent order granted; Penalty agreed upon: 24 month suspension, execution of last 23 months of suspension stayed, probation 24 months, $5,000 fine.

Massage Therapy

Henry Buck; 260 Riverside Drive, New York, NY 10025; Lic. No. 002922; Cal. No. 21456; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $500 fine.

Nursing

Carmen Jean Pierre a/k/a Carmen Pierre Edoward, Jr.; Licensed Practical Nurse, Registered Professional Nurse; 548 East 40^th Street, Brooklyn, NY 11203; Lic. Nos. 148465, 493176; Cal. Nos. 18727, 18331; Found guilty of professional misconduct; Penalty: RN license: annulled; LPN license: 24 months suspension, execution of last 12 months stayed, $2,500 fine.

Cam-Suze Leveille a/k/a Cam-Suze Thenor; Licensed Practical Nurse, Registered Professional Nurse; 3613 Avenue P, Brooklyn, NY 11234; Lic. Nos. 193054, 499554; Cal. Nos. 21726, 20027; Found guilty of professional misconduct; Penalty: RN license: annulled; LPN license: 24 months suspension, execution of last 12 months stayed, $2,500 fine.

Velma Stevenson Lyte; Registered Professional Nurse; 8605 Midland Parkway, Jamaica, NY 11432; Lic. No. 283265; Cal. No. 20699; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $3,000 fine.

Ramona A. Delgado; Licensed Practical Nurse; 3997 Greentree Drive, Oceanside, NY 11572; Lic. No. 246829; Cal. No. 20898; Found guilty of professional misconduct; Penalty: 2 year suspension, execution of last 18 months suspension stayed, probation 1 year.

Jane M. Niles a/k/a Jane Myra Hill; Licensed Practical Nurse, Registered Professional Nurse; 22 Mason Street, Hempstead, NY 11550; Lic. Nos. 074249, 242687; Cal. Nos. 20948, 20947; Found guilty of professional misconduct; Penalty: 2 year suspension, execution of last 18 months of suspension stayed, probation for last 18 months.

Sue A. Cutler; Licensed Practical Nurse; 1 Maple Lot 17, Norwood, NY 13668; Lic. No. 243334; Cal. No. 21425; Application for consent order granted; Penalty agreed upon: Suspension in certain area until terminated as set forth in consent order application, probation 1 year, $250 fine.

Lillian A. Lopez; Licensed Practical Nurse, Registered Professional Nurse; 29 Denise Drive, North Babylon, NY 11703; Lic. Nos. 170951, 370583; Cal. Nos. 21455, 21454; Application for consent order granted; Penalty agreed upon: Suspension until terminated as set forth in consent order application – upon termination of suspension, probation 2 years to commence if and when return to practice.

Jane Marie Post; Licensed Practical Nurse, Registered Professional Nurse; 4297 Robin Lane, Hamburg, NY 14075; Lic. Nos. 236530, 479974; Cal. Nos. 21462, 21461; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $1,000 fine.

Kristin M. Crable; Licensed Practical Nurse; 328 Columbia Street, Cohoes, NY 12047; Lic. No. 217387; Cal. No. 21494; Application for consent order granted; Penalty agreed upon: Suspension until stay of execution of suspension as set forth in consent order application – upon stay of suspension, probation 2 years to commence upon return to practice.

Carol J. Frey; Licensed Practical Nurse; 2518 Magog Road, Palmyra, NY 14522; Lic. No. 191875; Cal. No. 21519; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $500 fine.

Kenneth Earl Greene; Licensed Practical Nurse; 125 Clipper Drive, Newport News, VA 23602; Lic. No. 254403; Cal. No. 21533; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $1,000 fine.

Andrea L. Parker a/k/a Shear; Registered Professional Nurse; 2429 Norsen Road, Newark, NY 14513; Lic. No. 464445; Cal. No. 21550; Application for consent order granted; Penalty agreed upon: 24 month suspension, execution of last 23 months of suspension stayed, probation 2 years, $1,500 fine.

Deborah L. Jones; Licensed Practical Nurse; 4098 County Route 15A, Angelica, NY 14709; Lic. No. 190524; Cal. No. 21583; Application for consent order granted; Penalty agreed upon: Suspension until terminated as set forth in consent order application – upon termination of suspension, probation 1 year to commence upon return to practice.

Melinda A. Roberts; Registered Professional Nurse; 4124 State Route 38B, Newark Valley, NY 13811; Lic. No. 297537; Cal. No. 21602; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $500 fine.

Anne Marie Potter; Licensed Practical Nurse; P.O. Box 212, Antwerp, NY 13608; 3 Van Buren Street, Antwerp, NY 13608; Lic. No. 261216; Cal. No. 21612; Application for consent order granted; Penalty agreed upon: Suspension in certain area until terminated as set forth in consent order application, probation 1 year, $250 fine.

Majorie Dent; Registered Professional Nurse; 145 East 39^th Street, New York, NY 10016; Lic. No. 263760; Cal. No. 21640; Application for consent order granted; Penalty agreed upon: 3 year suspension, execution of suspension stayed, probation 3 years, $750 fine.

Abigail B. Amuquandoh; Licensed Practical Nurse; 12204 McKenna Circle, Midlothian, VA 23112; Lic. No. 157786; Cal. No. 21665; Application for consent order granted; Penalty agreed upon: 24 month suspension, execution of last 21 months of suspension stayed, probation 24 months.

Jacqueline Marie Seely; Registered Professional Nurse; 207 Cascadilla Street, Ithaca, NY 14850; Lic. No. 477771; Cal. No. 21668; Application for consent order granted; Penalty agreed upon: Suspension in certain area until terminated as set forth in consent order application, probation 1 year, $500 fine.

Rosalind Perry Scott; Licensed Practical Nurse; 353 South First Avenue, Mt. Vernon, NY 10550; Lic. No. 167342; Cal. No. 21685; Application for consent order granted; Penalty agreed upon: 24 month suspension, execution of last 23 months of suspension stayed, probation 24 months.

Robin R. Pastore; Registered Professional Nurse; 950 Harrigan Gully Road, Whitesville, NY 14897; Lic. No. 415529; Cal. No. 21694; Application for consent order granted; Penalty agreed upon: 24 month suspension, execution of last 23 months of suspension stayed, probation 24 months.

Donna Muller; Registered Professional Nurse; 19 Canterbury Boulevard, East Setauket, NY 11733; Lic. No. 310929; Cal. No. 21699; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $750 fine.

Fayette Tremallo; Registered Professional Nurse; 119 Bridgeport Avenue, Milford, CT 06460; Lic. No. 362535; Cal. No. 21700; Application for consent order granted; Penalty agreed upon: 3 year suspension, execution of suspension stayed, probation 3 years, $500 fine.

Alexander Trespeces; Registered Professional Nurse; 601 Rosewood Drive, Union, NJ 07083; Lic. No. 459294; Cal. No. 21701; Application for consent order granted; Penalty agreed upon: 12 month suspension, execution of last 10 months of suspension stayed, probation 1 year.

Sandra Netto; Licensed Practical Nurse; 4 Meadowview Terrace, Monroe, CT 06468; Lic. No. 248990; Cal. No. 21707; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $250 fine.

Jane M. Bonner; Registered Professional Nurse; 680 Berdan Avenue, Wayne, NJ 07470; Lic. No. 520010; Cal. No. 21715; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $500 fine.

Judith Fagen; Registered Professional Nurse, Nurse Practitioner; 2927 East Muirwood Drive, Phoenix, AZ 85048; Lic. No. 338993, Cert. No. 301775; Cal. Nos. 21727, 21728; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $500 fine.

Annmarie McCormack; Registered Professional Nurse; 71‑24 252^nd Street, Bellerose, NY 11426; Lic. No. 491291; Cal. No. 21736; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $500 fine.

Joelle Annemarie Bialkowski; Licensed Practical Nurse; 1213 Greenfield, Alden, NY 14004; Lic. No. 223492; Cal. No. 21745; Application for consent order granted; Penalty agreed upon: Suspension until terminated as set forth in consent order application – upon termination of suspension, probation 2 years to commence upon return to practice.

Brian Tapasto; Registered Professional Nurse; 60 E. Front Street, Dunkirk, NY 14048; Lic. No. 491747; Cal. No. 21757; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $500 fine.

Pharmacy

Jack Truncale; North Path, Nissequogue, NY 11780; Lic. No. 023266; Cal. No. 21243; Application for consent order granted; Penalty agreed upon: 24 month suspension to commence on December 1, 2004, execution of last 15 months of suspension stayed, probation 2 years, $10,000 fine.

Michael Antoni Manuszewski; 116 Pleasant Trail, Grand Island, NY 14072; Lic. No. 038139; Cal. No. 21556; Application for consent order granted; Penalty agreed upon: 12 month suspension, execution of last 11 months of suspension stayed, probation 1 year, $1,000 fine.

Seung Woo Lee; 23 Michele Lane, Hauppauge, NY 11788; Lic. No. 028938; Cal. No. 21568; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $2,000 fine.

C.J.S. Pharmacy Inc.; Pharmacy; 131 Merrick Avenue, Merrick, NY 11566; Reg. No. 017295; Cal. No. 21569; Application for consent order granted; Penalty agreed upon: $1,000 fine, probation 1 year.

Mark Klein; 196-34 Keno Avenue, Holliswood, NY 11423; Lic. No. 032569; Cal. No. 21585; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $1,500 fine.

Shraddha Hemant Shukla; 328 Elmwood Drive, Paramus, NJ 07652; Lic. No. 045555; Cal. No. 21586; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $1,000 fine.

Richard Longo; 412 Beach 129^th Street, Belle Harbor, NY 11694; Lic. No. 043361; Cal. No. 21600; Application for consent order granted; Penalty agreed upon: 24 month suspension, execution of last 23 months of suspension stayed, probation 2 years.

Harvey Cohen; 30 Flint Road, East Rockaway, NY 11518; Lic. No. 023854; Cal. No. 21605; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $750 fine.

Eckerd Corporation; Pharmacy; 181 Broadway, Monticello, NY 12701; Reg. No. 023968; Cal. No. 21619; Application for consent order granted; Penalty agreed upon: $2,500 fine, probation 2 years.

Eckerd Corporation; Pharmacy; 709 Main Street, Poughkeepsie, NY 12603; Reg. No. 024211; Cal. No. 21620; Application for consent order granted; Penalty agreed upon: $2,500 fine, probation 2 years.

Shilpa Rakesh Patel; 8 Candice Way, East Hanover, NJ 07936; Lic. No. 044762; Cal. No. 21672; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of last 21 months of suspension stayed, probation 2 years, $1,000 fine.

Eric Steven Sorkin; 16 Maybelle Court, Mechanicsburg, PA 17050; Lic. No. 028363; Cal. No. 21708; Application for consent order granted; Penalty agreed upon: 24 month suspension, execution of last 12 months of suspension stayed, probation 2 years, $5,000 fine.

John Anthony Pandolfo; 166 Pembrook Drive, Yonkers, NY 10710; Lic. No. 041719; Cal. No. 21758; Application for consent order granted; Penalty agreed upon: 24 month suspension, execution of last 23 months of suspension stayed, probation 24 months, $7,500 fine.

Lauren H. Smith; 3755 Edison Street, Uniontown, OH 44685; Lic. No. 029343; Cal. No. 21796; Application for consent order granted; Penalty agreed upon: 24 month suspension, execution of last 21 months of suspension stayed, probation 2 years.

Public Accountancy

Isidore Leon Eichenthal; Certified Public Accountant; 3904 15^th Avenue, Brooklyn, NY 11218; Lic. (Cert.) No. 020771; Cal. No. 21196; Application for consent order granted; Penalty agreed upon: Suspension in certain areas until terminated as set forth in consent order application – upon termination of said suspension, probation 2 years, $10,000 fine.

Stanley M. Buturla; Certified Public Accountant; 6035 Broadway, Bronx, NY 10471; Lic. No. 046093; Cal. No. 21441; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $500 fine.

Social Work

Frank Faso, Jr.; 2185 Florence Drive, Ransomville, NY 14131; Lic. No. 036562; Cal. No. 21488; Application for consent order granted; Penalty agreed upon: 24 month suspension, execution of last 18 months of suspension stayed, probation 2 years.

Veterinary Medicine

Victor Van Wagenen; 151 Van Wagenen Drive; Fultonville, NY 12072; Lic. No. 001211; Cal. No. 21431; Application for consent order granted; Penalty agreed upon: 3 year suspension, execution of suspension stayed, probation 3 years, $1,000 fine.

Paul Bromberg; 223 Boa Vista Street, Punta Gorda, FL 33983; Lic. No. 002953; Cal. No. 21652; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $750 fine.

III. RESTORATIONS

The Board of Regents voted on November 5, 2004 to deny the petition for restoration of the professional engineering license of Henry Robert Fulton, 902 Shore Road, Douglaston, NY 11363. Mr. Fulton’s license was originally revoked effective February 10, 1999.

The Honorable the Members of the Board of Regents

DISCUSSION ITEMS

Commissioner’s Report to the Board of Regents

BR (D) 4

ACTION ITEMS

State Education Department October 2004 Fiscal Report

BR (D) 3

AND CONTINUING EDUCATION/VOCATIONAL AND EDUCATIONAL SERVICES

ACTION ITEMS

Charter Applications

Item for Action

Professional Discipline Cases

RESTORATION PETITIONS

CONSENT AGENDA ITEMS

MATTERS NOT REQUIRING BOARD ACTION

Update on Alternative Teacher Preparation Programs [HE&PP (D) 3]

REGENTS COMMITTEE ON CULTURAL EDUCATION

ACTION ITEMS

OCE Collection Stewardship and Research Facility

ITEMS NOT REQUIRING ACTION

APPROVAL

MATTERS NOT REQUIRING BOARD ACTION

I. REVOCATIONS AND SURRENDERS

Acupuncture

Architecture

Dentistry

Engineering and Land Surveying

Massage Therapy

Nursing

Pharmacy

Public Accountancy

Social Work

Veterinary Medicine

III. RESTORATIONS