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 April 2004 Meeting
DATE OF SUBMISSION:	April 26, 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 April 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 April 2004 Meeting of the Board of Regents of The University of the State of New York be approved.

SUMMARY OF THE April MEETING

OF THE BOARD OF REGENTS

OF

THE UNIVERSITY OF THE STATE OF NEW YORK

Held in Buffalo, Erie and Niagara Counties, New York

April 19 and 20, 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 a public session on Tuesday, April 20, at 1:15 p.m. pursuant to a call duly sent to each Regent.

MEETING OF THE FULL BOARD, Tuesday, April 20

Board Members in Attendance:

Robert M. Bennett
Adelaide L. Sanford
Saul B. Cohen
Robert M. Johnson
Merryl H. Tisch
Geraldine D. Chapey
Arnold B. Gardner
Harry Phillips, 3^rd
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 and the Secretary, Board of Regents, David Johnson. Regents Diane McGivern, James C. Dawson, Anthony S. Bottar, Lorraine A. Cortés-Vázquez and Milton L. Cofield, were absent and excused. Regents James C. Dawson, Lorraine A. Cortés-Vázquez and Milton L. Cofield were in attendance at the monthly meeting and only absent from the Meeting of the Full Board.

Chancellor Bennett called the meeting to order at 1:15 p.m.

CONSENT AGENDA ITEMS

Summary Recommendations with Respect to Charter Applications

BR (CA) 1

MOVED, that each application be approved in accordance with the recommendations contained in the respective summaries.

Regents Authorization – State University of New York at Stony Brook: Master of Public Health (M.P.H.)

BR (CA) 2

MOVED, that the State University of New York Board of Trustees be authorized, effective April 20, 2004, to confer the degree of Master of Public Health (M.P.H.) on students successfully completing registered programs at the State University of New York at Stony Brook.

The Graduate College of Union University: Authorization to Confer Honorary Degrees

BR (CA) 3

MOVED, that the Trustees of The Graduate College of Union University, Schenectady, be authorized, effective April 20, 2004, to confer the following honorary degrees on June 12, 2004: Doctor of Humane Letters (L.H.D.) on Robert M. Veatch, Doctor of Pedagogy (Pd.D.) on Jennifer Wolfe, and Doctor of Science (Sc.D.) on John E. Kelly, III.

Reappointment to the New York State Teachers’ Retirement System Board

BR (CA) 4

VOTED, that Richard F. Lindstrom be reappointed to the New York State Teachers’ Retirement System Board for a three-year term commencing May 6, 2004 and expiring May 6, 2007.

Consent Agenda Vote

MOVED, that the Board of Regents approve by consent the following coded items: BR (CA) 1-4.

Motion by: Regent Saul B. Cohen

Seconded by: Regent Harry Phillips, 3^rd

Action: Motion carried unanimously

ACTION ITEMS

Summary of the March 2004 Meeting

BR (A) 1

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

Motion by: Regent Robert M. Johnson

Seconded by: Regent Joseph E. Bowman, Jr.

Action: Motion carried unanimously

Charter School Application

BR (A) 2

Under the New York Charter Schools Act of 1998, the Board of Regents is authorized to make recommendations on proposed charters submitted by another charter entity. The Board reviewed a proposed charter from the Chancellor of the New York City Department of Education, the Peninsula Preparatory Academy Charter School, CSD 27/Instructional Region 5.

MOVED, that the Board of Regents approve the proposed charter for the following charter school based upon the information contained in the attachment and upon a finding by the Board of Regents that (1) the charter school described in the applications meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules, and regulations; (2) the applicant can demonstrate the ability to operate the school in an educationally and fiscally sound manner; and (3) granting the application is likely to improve student learning and achievement and materially further the purposes set out in subdivision two of section twenty-eight hundred fifty of Article 56 of the Education Law: Peninsula Preparatory Academy Charter School.

MOTION BY: Regent Saul B. Cohen

SECONDED BY: Regent Joseph E. Bowman, Jr.

ACTION: Motion carried unanimously

In discussion following the vote, Board members requested the current number and geographic distribution of charter schools in the State and also requested continuation of the discussion of a comparative measurement of academic progress between charter schools and their local school district.

State Education Department March 2004 Fiscal Report

BR (A) 3

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

General fund accounts are in structural balance. With one exception, all revenue accounts are in balance, allowing for normal reimbursement delays and the planned use of prior year balances. The exception is the Office of the Professions where the imbalance this year will be corrected next year through increased fee revenue through new professions or reduced expenditures.

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

MOTION BY: Regent Saul B. Cohen

SECONDED BY: Regent Robert M. Johnson

ACTION: Motion carried unanimously

DISCUSSION ITEMS

Commissioner’s Report to the Board of Regents

The Commissioner’s written monthly report focused on seven subject areas: School Aid Issues; Buffalo Schools—Some Context; Lunch Meeting with College Presidents and Deans; Dinner Meeting with USNY Partners; Visits to Schools and Other Sites; New York Has School Accountability; and, Federal Update.

State Aid to School Districts

BR (D) 1

Regent James R. Tallon, Jr., Chair of the Subcommittee on State Aid, reviewed with the Board a comparison of three proposals for State Aid to school districts for school year 2004-05: the Board of Regents, Campaign for Fiscal Equity, and the Governor’s Commission on Education Reform.

In conversation, Board members discussed next steps in the process for individual members and the need for a document that highlights consistencies between the Regents proposal and the Campaign for Fiscal Equity proposal, the current accountability system and the side-by-side comparison of the two proposals.

MISCELLANEOUS

Partnership Agreement Number 2

Commissioner Richard P. Mills and Marion Canedo, Superintendent, Buffalo City School District, signed the Partnership Agreement Number 2 between the New York State Education Department and the Buffalo City School District.

Six of the priority needs identified in the partnership agreement are drawn from the Fall 2000 report on the Buffalo Public Schools conducted by the Council of the Great City Schools. These priorities have constituted the Buffalo Public Schools reform agenda since that time. A seventh priority need, improving fiscal management, was added after the initial report.

Board Activities and Visitations

The Board convened its monthly meeting with a luncheon session with 22 area college presidents, deans of schools of education and public school administrators. The participants at the luncheon, hosted by SUNY Buffalo, discussed teaching and teacher education. In the afternoon, Board members visited The Parent Network of Western New York, Success by 6 and the Center for Applied Technology in Education/Buffalo Professional Development and Technology Center in the offices of WNED Public Radio and Television. In the evening, the Niagara Falls City School District hosted the Board and 12 members of The University of the State of New York (USNY) Partnership Group for dinner plus an overview of the Partnership and a discussion of its goals and future.

On the morning of April 20, Board members visited four pairs of schools: Bennett High School and P.S. 80; Erie I BOCES Northtowns Academy and P.S. 44 Lincoln Academy; South Park High School and P.S. 28 Triangle Academy; and, Charter School for Applied Technologies and P.S. 77.

A luncheon prepared by students of Emerson Vocational High School was enjoyed by the Board and guests, Erie County Executive Joel Giambra, Donald Jacobs and Anne Marie Tryjankowski, SUNY Buffalo, Jack Coyle, President of the Buffalo City Schools, and Marion Canedo, Superintendent of the Buffalo City Schools. The County Executive, college and school officials presented an overview of plans for the future of the Buffalo City School District with particular focus on charter schools.

The monthly meeting concluded with a meeting of the Full Board.

APPENDIX I

NEW YORK STATE BOARD OF REGENTS

CHARTER ACTIONS

April 20, 2004

JUDAIC CENTER FOR HISTORY AND CULTURE OF CENTRAL NEW YORK

Voted, that

1 A provisional charter valid for a term of five years is granted incorporating Janina Casper, Mark H. Field, Jil J. Hammer, Gwen E. Kay, Alexander E. Holstein, William C. Marcus, Rita T. Kanter, Bette S. Siegel, Martin D. Miller, Howard L. Weinberger, Michael A. Moss, David A. Yaffee, Frederick Zolna, Robert D. Zucker and their associates and successors as an education corporation under the corporate name of Judaic Center for History and Culture of Central New York, located in Syracuse, county of Onondaga and state of New York.

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

a. To preserve the history of Jews in the Central New York community and surrounding area;

b. To encourage the growth of local Jewish culture and to provide a variety of services and programs not provided by other Jewish organizations;

c. To gather, collect, own, hold, preserve, exhibit, display and make available for study artifacts, books, manuscripts, photographs, historical documents, films, and other records and materials relating to the history and culture of Jewish people in the Central New York area;

d. To bring together those people interested in local Jewish history, encourage public interest in that history, sponsor historical meetings, programs and events, sponsor exhibits, issue publications, and utilize all means of communication including printed materials, electronic mail, videoconferencing and web site information;

e. To create organizational ties to other local and national Jewish groups, libraries, museums, and like organizations, and work to bring their resources to Syracuse; and

f. To provide assistance to individuals and groups doing research using the materials maintained by the Center, internet resources, or relationships developed by the center with other Jewish cultural and historical organizations.

3. The persons named as incorporators shall constitute the first board of trustees. The board shall have power to adopt bylaws, including therein provisions fixing the method of election and the term of office of trustees, and shall have power by vote of two-thirds of all the members of the board of trustees to change the number of trustees to be not more than twenty-five nor less than five.

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

Janina Casper
15 Bradford Drive

Syracuse, NY 13224

Mark H. Field

5130 Brockway Lane

Fayetteville, NY 13066

Jil J. Hammer

918 Nottingham Road

Jamesville, NY 13078

Gwen E. Kay

215 Dewitt Road

Syracuse, NY 13214

Alexander E. Holstein

314 Kimber Road

Syracuse, NY 13224

William C. Marcus

5040 Bridle Path Road

Fayetteville, NY 13066

Rita T. Kanter

4936 Tanglewood Lane

Manlius, NY 13104

Bette S. Siegel

224 Stolp Avenue

Syracuse, NY 13207

Martin D. Miller

214 Oakmont Drive

Syracuse, NY 13214

Howard L. Weinberger

503 Hamilton Parkway

Dewitt, NY 13214

Michael A. Moss

6234 The Hamlet

Jamesville, NY 13078

David A. Yaffee

201 Greenwood Road

Dewitt, NY 13214

Frederick Zolna

101 Enfield Place

Syracuse, NY 13214

Robert D. Zucker

105 Donridge Drive

Dewitt, NY 13214

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

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

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

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

9. The institution to be maintained by the corporation shall be located at Syracuse, New York. The mailing address of the corporation shall be P.O. Box 241, Syracuse, New York 13214.

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.

MARSHALL HISTORICAL SOCIETY

Voted, that

1. A provisional charter valid for a term of five years is granted incorporating John G. Reile, Dorothy E. McConnell, Edith M. Eastman, Dale L. Allen, Anne W. Jasek, Ruth E. Allen, John R. McConnell and their associates and successors as an education corporation under the corporate name of Marshall Historical Society, located in Deansboro, county of Oneida and state of New York.

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

a. To promote and encourage original historical society;

b. To disseminate and encourage a greater knowledge of the history of the state of New York and particularly of the town of Marshall 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 of the town of Marshall and the surrounding area;

d. To encourage the suitable marking of places of historic interest; 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.

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

John G. Reile

1474 Alabam Road

Oriskany Falls, New York 13425

Edith M. Eastman

2360 NYS Route 315

Deansboro, New York 13328

Anne W. Jasek

7972 Canning Factory Road

Waterville, New York 13480

John R. McConnell

2816 Post Street

Clinton, New York 13323

Dorothy E. McConnell

2816 Post Street

Clinton, New York 13323

Dale L. Allen

2758 NYS Route 12B

Deansboro, New York 13328

Ruth E. Allen

2758 NYS Route 12B

Deansboro, New York 13328

9. The institution to be maintained by the proposed corporation shall be located at Deansboro, New York. The mailing address of the corporation shall be P.O. Box 232, Deansboro, New York 13328.

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.

NORTH TONAWANDA HISTORY MUSEUM

Voted, that

1. A provisional charter valid for a term of five years is granted incorporating Kay Learned, Timothy J. Neal, Donna Zellner Neal, Penny Creasey, John Borycki, Joseph P. Armenia, Jr., Michael K. Slowinski and their associates and successors as an education corporation under the corporate name of North Tonawanda History Museum, located in North Tonawanda, county of Niagara and state of New York.

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

a. To procure, collect, care for and display objects of lasting interest or value pertaining to the history of the people and community life of North Tonawanda in an institution open to the general public, and carrying on activities that foster a better understanding of that history;

b. To maintain a website devoted to the history and community life of North Tonawanda and the museum;

c. To publish brochures, booklets, newsletters and other material concerning the history and community life of North Tonawanda and the museum;

d. To seek the preservation and maintenance of sites and structures important to the history and community life of North Tonawanda;

e. To undertake education programs that promote a greater awareness, appreciation and knowledge of the history and community life of North Tonawanda by the general public;

f. To obtain, receive and administer funds for the above purposes; and

g. To do any other act or thing incidental to or in connection with the foregoing purposes or in advancement thereof and to engage in any lawful act or activity permitted for chartered museums under the Education Law of the State of New York.

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

Kay Learned

72 Webster Street

North Tonawanda, New York 14120

Timothy J. Neal

4 Webster Street

North Tonawanda, New York 14120

Donna Zellner Neal

195 Goundry Street

North Tonawanda, New York 14120

Penny Creasey

72 Webster Street

North Tonawanda, New York 14120

John Borycki

166 Delaware Street

Tonawanda, New York 14150

Joseph P. Armenia, Jr.

241 Adam Street

Tonawanda, New York 14150

Michael K. Slowinski

325 Essjay Road

Williamsville, New York 14221

9. The principal office of the corporation shall be located at 540 Oliver Street, North Tonawanda, New York 14120.

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.

ST. LAWRENCE POWER & EQUIPMENT MUSEUM

Voted, that

1. A provisional charter valid for a term of five years is granted incorporating Ross S. Goodyear, Paul M. Moore, Roger S. Austin, Gary F. Hargrave, William C. Pharoah, Paul G. Shirley, William P. Shirley and their associates and successors as an education corporation under the corporate name of St. Lawrence Power & Equipment Museum, located in Rensselaer Falls, county of St. Lawrence and state of New York.

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

a. To establish and operate a museum in St. Lawrence County, New York, that will enable the public to view and understand the operation and utilization of antique engines, tractors, trucks, autos, machines and equipment (the “mechanisms”);

b. To provide a better understanding to the public of the role of such mechanisms in the development of rural America;

c. To exhibit, display, demonstrate, and show such mechanisms at field days, fairs, exhibitions and other public programs.

d. To preserve, maintain, repair, reconstruct, refurbish, recondition and overhaul these mechanisms; and

e. To promote the public’s interest in preserving such historic mechanisms.

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

Ross S. Goodyear

309 Brandy Brook Road

Ellenburg Center, New York 12930

Paul M. Moore

723 Finnegan Road

Potsdam, NY 13676

Roger S. Austin

410 Stevenson Road

Rensselaer Falls, NY 13680

Gary F. Hargrave

10 River Street

Norwood, NY 13666

William C. Pharoah

83 Pleasant Street

Herman, NY 13652

Paul G. Shirley

22 Lincoln Drive

Massena, NY 13662

William P. Shirley

50 Lincoln Drive

Massena, NY 13662

9. The institution to be maintained by the corporation shall be located in the town of Canton, county of St. Lawrence, state of New York. The mailing address of the corporation shall be P.O. Box 164, Rensselaer Falls, New York 13680.

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 Honorable the Members of the Board of Regents

THE BOARD OF REGENTS

CONSENT AGENDA ITEMS

Summary Recommendations with Respect to Charter Applications

Reappointment to the New York State Teachers’ Retirement System Board

BR (CA) 4

Consent Agenda Vote

Summary of the March 2004 Meeting

BR (A) 2