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THE
STATE EDUCATION DEPARTMENT / THE UNIVERSITY
OF THE STATE OF NEW YORK / ALBANY, NY 12234 |
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TO: |
The Honorable the Members of the Board of Regents |
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FROM: |
Kathy A. Ahearn |
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COMMITTEE: |
Cultural
Education EMSC-VESID Higher Education and Professional Practice |
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TITLE OF
ITEM: |
Summary recommendations with respect to charter applications |
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DATE OF
SUBMISSION: |
July 30, 2004 |
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PROPOSED
HANDLING: |
Approval |
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RATIONALE FOR
ITEM: |
Granting of charter applications pursuant to statutory authority |
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STRATEGIC
GOAL: |
Goal 2 |
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AUTHORIZATION(S): |
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SUMMARY:
Attached are summary recommendations with respect to charter applications. A total of 26 charter actions are recommended involving 27 institutions, including 4 libraries, 2 museums, 4 historical societies, 11 nonpublic schools, 4 chartered postsecondary institutions and 2 not-for-profit corporations.
I recommend that the Regents approve each application in accordance with the recommendations contained in the respective summaries.
l. Cultural
Education
AMENDMENT OF
CHARTERS
No. 1
CLIFTON SPRINGS
LIBRARY
Clifton Springs, Ontario
County
This corporation was incorporated by filing a
certificate in the office of the Secretary of State under the corporate name
“Peirce Free Library Association of Clifton Springs” on August 7, 1895; such certificate was
amended by Regents action on April 7, 1923 to change the corporate name to
“Peirce Free Library” and on February 23, 1968 to change the corporate name to
“Clifton Springs Library.” The board of trustees has applied for an amendment to
the absolute charter to change the number of
trustees from nine to not less than nine nor more than fifteen.
Janet M. Welch and the Office of Cultural Education recommend that the absolute
charter be amended accordingly.
No. 2
DEWITT HISTORICAL SOCIETY OF TOMPKINS
COUNTY
Ithaca, Tompkins
County
A provisional charter was granted to this
corporation by action of the Board of Regents on November 21, 1947 to operate a
historical society. Such provisional charter was made absolute by Regents action
on December 19, 1952. The board of trustees has applied for an amendment to the
absolute charter to change the corporate name to “The History Center in Tompkins
County.” Clifford A. Siegfried, David W. Palmquist and the Office of Cultural
Education recommend that the absolute charter be amended
accordingly.
No. 3
HORNELL PUBLIC
LIBRARY
Hornell, Steuben
County
An absolute charter in the first instance was
granted to this corporation by action of the Board of Regents on June 22, 1911
to operate a free public library. The board of trustees has applied for an
amendment to the absolute charter to add the language necessary to maintain
tax-exempt status under Internal Revenue Code §501(c)(3) and to designate the
Commissioner of Education as the agent of the corporation for the purpose of
service of process. Janet M. Welch and the Office of Cultural Education
recommend that the absolute charter be amended
accordingly.
No. 4
ROSCOE FREE
LIBRARY
Roscoe, Sullivan
County
A provisional charter was granted to this
corporation by action of the Board of Regents on September 3, 1920 to operate an
association library to serve the unincorporated village of Roscoe, New York.
Such provisional charter was extended by Regents action on April 18, 1941, June
20, 1947, June 29, 1951, May 25, 1956, October 27, 1961, December 20, 1963,
September 27, 1968 and was made absolute by Regents action on June 29, 1973.
Such absolute charter was amended by Regents action to add the language
necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3).
The board of trustees has applied for an amendment to the absolute charter to
add revised language necessary to maintain tax-exempt status under Internal
Revenue Code §501(c)(3) and to change from an association library serving the
unincorporated village of Roscoe to an association school district library to
serve the residents of the Roscoe Central School District. Janet M. Welch and
the Office of Cultural Education recommend that the absolute charter be amended
accordingly.
PROVISIONAL
CHARTERS
No. 5
ANDES PUBLIC LIBRARY
Andes, Delaware County
The board of trustees has petitioned the Board of Regents to form a corporation to operate a public library to serve the residents of the town of Andes in the county of Delaware. Janet M. Welch and the Office of Cultural Education recommend that a provisional charter be granted for a period of five years.
No. 6
NEW YORK MARITIME MUSEUM OF TROY
Troy, Rensselaer County
The board of trustees has petitioned the Board of Regents to form a corporation to establish and maintain a history museum relating to the history of the RMS Titanic and other maritime history and vessels; to collect, own, hold, maintain, preserve, and make available appropriate historical objects and artifacts; to arrange, create, maintain, and promote appropriate historical exhibits and displays; to establish and maintain a historical research library and archives and 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. Clifford A. Siegfried, David W. Palmquist and the Office of Cultural Education recommend that a provisional charter be granted for a period of five years.
EXTENSION OF
CHARTERS
No. 7
CORNERSTONE MASONIC HISTORICAL
SOCIETY
Monroe, Orange
County
A provisional charter was granted to this
corporation by action of the Board of Regents on November 14, 1997 to operate a
historical society. The board of trustees has applied for an extension of the
provisional charter. Clifford A. Siegfried, David W. Palmquist, Christine
Kleinegger and the Office of Cultural Education recommend that the provisional
charter be extended for a period of five years to allow the corporation
additional time to, among other things, renovate its historic inn, develop a
collection and exhibits, further develop public programs for the public and
schools and otherwise demonstrate that it can meet the requirements for an
absolute charter.
No. 8
FINGER LAKES BOATING
MUSEUM
Penn Yann, Yates
County
A provisional charter was granted to this
corporation by action of the Board of Regents on June 17, 1997 to operate a
museum. The board of trustees has applied for an extension of the provisional
charter. Clifford A. Siegfried, David W. Palmquist, Christine Kleinegger and the
Office of Cultural Education recommend that the provisional charter be extended
for a period of five years to allow the corporation additional time to, among
other things, work to obtain a permanent home by increasing its membership,
raising funds, obtaining grants, cataloging its collection and otherwise
demonstrate that it can meet the requirements for an absolute
charter.
No. 9
HERMON HERITAGE
HALL
Manchester, Ontario
County
A provisional charter was granted to this
corporation by action of the Board of Regents on January 22, 1992 to operate a
historical society. Such provisional charter was extended by Regents action on
September 19, 1997. The board of trustees has applied for an amendment to the
provisional charter to amend their purposes to delete the purpose which reads
“to maintain a resource list of sources for research on early as well as
present-day families, businesses and life” and to add the purpose “to gather,
collect, own, hold, preserve, display and make available for study artifacts,
books, manuscripts, papers, photographs, and other records and materials
relating to the history of the town and village of Hermon.” Clifford A.
Siegfried, David W. Palmquist, Christine Kleinegger and the Office of Cultural
Education recommend that the provisional charter be amended, and, as so amended,
be extended for a period of five years to allow the corporation additional time
to, among other things, focus on attracting new members and a wider audience for
its public programming as steps toward attaining Regents registration and
otherwise demonstrate that it can meet the requirements for an absolute
charter.
No. 10
LEHIGH VALLEY RAILROAD HISTORICAL
SOCIETY
Manchester, Ontario
County
A provisional charter was granted to this
corporation by action of the Board of Regents on April 24, 1996 to operate a
historical society. The board of trustees has applied for an extension to the
provisional charter. Clifford A. Siegfried, David W. Palmquist, Christine
Kleinegger and the Office of Cultural Education recommend that the provisional
charter be extended for a period of five years to allow the corporation
additional time to, among other things, continue its efforts in researching and
disseminating the history of railroading in the region through public programs,
exhibits, and the development of its collections, work towards increasing its
membership and otherwise demonstrate that it can meet the requirements for an
absolute charter.
Regents Meeting
September 9 and 10, 2004
CHARTERS
CULTURAL EDUCATION
AMENDMENT OF
CHARTERS
1. Clifton Springs Library, Clifton Springs
2. DeWitt Historical Society of Tompkins County, Ithaca
3. Hornell Public Library, Hornell
4. Roscoe Free Library, Roscoe
PROVISIONAL
CHARTERS
5. Andes Public Library, Andes
6. New York Maritime Museum of Troy, Troy
EXTENSION OF
CHARTERS
7. Cornerstone Masonic Historical Society, Monroe
8. Finger Lakes Boating Museum, Penn Yann
9. Hermon Heritage Hall, Manchester
10. Lehigh Valley Railroad Historical Society, Manchester
ll. ELEMENTARY, MIDDLE, SECONDARY AND
CONTINUING EDUCATION
ABSOLUTE
CHARTERS
No. 1
BINEINU CHILD CENTER
Brooklyn, Kings County
A provisional charter was granted to this
corporation by action of the Board of Regents on July 17, 1998 to operate a
special education itinerant service for children with disabilities from birth to
five years of age. Such provisional charter was extended by Regents action on
November 9, 2001. The board of trustees has applied for an absolute
charter.
The Office of Vocational and Educational Services for Individuals with
Disabilities (VESID) has been provided with an opportunity to review this action
and the trustees have been advised that the granting of an absolute charter does
not constitute approval for state funding of the programs and services under the
jurisdiction of VESID. Thomas E. Hogan and the Office of Nonpublic School
Services recommend that the provisional charter be made
absolute.
No. 2
MYRTLE P. JARMON EARLY CHILDHOOD EDUCATIONAL
CENTER
Jamaica, Queens
County
A provisional charter was granted to this
corporation by action of the Board of Regents on June 8, 1999 to operate a
nursery school, a kindergarten, a grade one through six elementary school and a
day care center pursuant to §460 of the Social Services Law. The board of
trustees has applied for an amendment to the provisional charter to delete
authority for the corporation to operate a grade one through six elementary
school and to provide that the pre-school serve children from 2.6 to 5 years of
age, and that the provisional charter as so amended, be made absolute. The Office of Children and Family Services (OCFS)
has consented to this action pursuant to §460-a of the Social Services Law.
Thomas E. Hogan and the Office of Nonpublic School Services recommend
that the provisional charter be amended accordingly and, as so amended, be made
absolute.
No. 3
RED APPLE CHILD DEVELOPMENT CENTER, A CHINESE
SCHOOL
New York City, New York
County
A provisional charter was granted to this corporation by action of the Board of Regents on December 19, 1997 to operate a nursery school, a kindergarten and a day care center. The board of trustees has applied for an amendment to the provisional charter to authorize the corporation to change the corporate name to “Red Apple Child Development Center,” to change the corporate address to 25 Market Street, New York, New York 10002, and to specify that the corporation is operating at the following locations: 25 Market Street, New York, New York 10002; 39 Eldridge Street, New York, New York 10002; 133-32 41st Road, Queens, New York 11355; 42-31 Colden Street, Queens, New York 11355; 83-04 Broadway, Queens, New York 11373; 83-38 Cornish Avenue, Queens, New York 11373; 63-47 Booth Street, Queens, New York 11374; and 5715 7th Avenue, Brooklyn, New York 11220 and to operate day care centers and, as so amended, made absolute. The Office of Children and Family Services (OCFS) has consented to this action pursuant to §460-a of the Social Services Law and §216-a of the Education Law. Thomas E. Hogan and the Office of Nonpublic School Services recommend that the provisional charter be amended accordingly and, as so amended, be made absolute.
AMENDMENT OF
CHARTERS
No. 4
THE GENEVA SCHOOL OF
MANHATTAN
New York City, New York
County
A provisional charter was granted to this
corporation by action of the Board of Regents on April 24, 1996 to operate a
nursery school, a kindergarten and a grade one through six elementary school.
Such provisional charter was
amended by Regents action on June 8, 1999 and, as so amended, extended and was
further extended on September 13, 2002. The board of trustees has applied for an
amendment to the provisional charter to add authority for the school to also
operate structured after-school and summer school programs for children in
kindergarten through eighth grade for students in such corporation’s regular
programs as well as students not so enrolled. Thomas E. Hogan and the Office of
Nonpublic School Services recommend that the provisional charter be
amended.
No. 5
THE MCCARTON
SCHOOL
New York City, New York
County
A provisional charter was granted to this
corporation by action of the Board of Regents on October 4, 2002 to operate a
center-based school for children with autistic spectrum disorder from three to
eight years of age and to operate a day care center. The board of trustees has
applied for an amendment to the provisional charter to authorize the corporation
to operate a nursery school for children from three to five years of age, a
kindergarten for five-year-olds and a grade one through eight elementary school.
The Office of Children and Family Services (OCFS) has consented to this action
pursuant to §460-a of the Social Services Law and §216-a of the Education Law.
The Office of Vocational and Educational Services for Individuals with
Disabilities (VESID) has been provided with an opportunity to review this action
and the trustees have been advised that the granting of the amendment does not
constitute approval for state funding for programs and services under the
jurisdiction of VESID. Thomas E. Hogan and the Office of Nonpublic School
Services recommend that the provisional charter be amended
accordingly.
No.6
TREE OF LIFE NURSERY
SCHOOL
Commack, Suffolk
County
A provisional charter was granted to this
corporation by action of the Board of Regents on October 23, 1987 to operate a
nursery school. Such provisional charter was made absolute by Regents action on
June 16, 1989. The board of trustees has applied for an amendment to the
absolute charter to change the corporate name to “Tree of Life Schools” and to
add authority for the corporation to also operate a kindergarten and grade one
through six elementary school. Thomas E. Hogan and the Office of Nonpublic
School Services recommend that the absolute charter be
amended.
PROVISIONAL
CHARTERS
No. 7
THE INTERNATIONAL SCHOOL OF
BROOKLYN
Brooklyn, Kings
County
The board of trustees has petitioned the Board of Regents to form a corporation to operate a nursery school for preschool children from three to five years of age, a kindergarten for five-year-olds and an elementary school for grades one through two which will offer an international dual-language curriculum to serve the needs of the Brooklyn community. Thomas E. Hogan and the Office of Nonpublic School Services recommend that a provisional charter be granted for a period of one year.
No. 8
THE RYKEN EDUCATIONAL
CENTER
Brooklyn, Kings
County
The board of trustees has petitioned the Board of Regents to form a corporation to operate a grade nine through twelve secondary school for students with disabilities. The Office of Vocational and Educational Services for Individuals with Disabilities (VESID) has been provided with an opportunity to review this action and the trustees have been advised that the granting of the provisional charter does not constitute approval for state funding for programs and services under the jurisdiction of VESID. Thomas E. Hogan and the Office of Nonpublic School Services recommend that a provisional charter be granted for a period of three years.
EXTENSION OF
CHARTERS
No. 9
MOUNTAIN ROAD
SCHOOL
New Lebanon, Columbia
County
A provisional charter was granted to this
corporation by action of the Board of Regents on April 29, 1997 to operate a
nursery school, a kindergarten and a grade one through six elementary school.
Such provisional charter was amended by Regents action on July 19, 2001 to
delete authority for the corporation to operate a grade six and, as so amended,
extended. The board of trustees has applied for an extension to the provisional
charter. Thomas E. Hogan and the Office of Nonpublic School Services recommend
that the provisional charter be extended for three years to allow the
corporation additional time to develop its programs and otherwise demonstrate
that it can meet the requirements for an absolute charter.
No. 10
THE SUSAN ODELL TAYLOR SCHOOL FOR
CHILDREN
Troy, Rensselaer
County
A provisional charter was granted to this
corporation by action of the Board of Regents on June 9, 1998 to operate a grade
one through eight elementary school. Such provisional charter was amended by
Regents action on June 8, 1999 to add authority to also operate a kindergarten.
The board of trustees has applied for an amendment to the provisional charter to
add authority for the corporation to also operate a nursery school for preschool
children from three to five years of age and, as so amended,
extended. Thomas E. Hogan and the Office of Nonpublic School
Services recommend that the provisional charter be amended accordingly and, as
so amended, extended for three years to allow the corporation additional time to
develop its programs and otherwise demonstrate that it can meet the requirements
for an absolute charter.
DISSOLUTION OF
CHARTER
No. 11
CHRIST’S CHURCH NURSERY
SCHOOL
Rye, Westchester
County
A provisional charter was granted to this
corporation by action of the Board of Regents on June 9, 1995 to operate a
nursery school for children from sixteen months to five years of age. The board
of trustees has petitioned the Board of Regents for the dissolution of the
charter since the school is no longer in operation and all taxes payable by the
corporation have been paid. The trustees request Regents approval of the
distribution of the remaining assets of the corporation to Christ’s Church, Rye,
New York, a corporation formed under the Religious Corporations Law. Thomas E.
Hogan and the Office of Nonpublic School Services recommend that the provisional
charter of Christ’s Church Nursery School be dissolved and that its assets be
distributed to Christ’s Church.
ORDER OF
CONSOLIDATION
No. 12
THE RYKEN EDUCATIONAL CENTER and RYKEN
EDUCATIONAL CENTER, INC.
Brooklyn, Kings
County
The board of trustees and the board of
directors have petitioned the Board of Regents, pursuant to Education Law §223,
for an order of consolidation of The Ryken Educational Center and Ryken
Educational Center, Inc. The Ryken Educational Center has petitioned the Board
of Regents for a provisional charter. Ryken Educational Center, Inc. was
incorporated under §402 of the Not-For-Profit Corporation Law (NPCL) on May 9, 1994. Upon the
effective date of the consolidation of The Ryken Educational Center and Ryken
Educational Center, Inc., The Ryken Educational Center will assume all the
assets, liabilities and responsibilities of both organizations. The consolidated
corporation will operate under the provisional charter granted to The Ryken
Educational Center. The Office of Vocational and Educational
Services for Individuals with Disabilities (VESID) has been provided with an
opportunity to review this action and the trustees have been advised that the
granting of the consolidation does not constitute approval for state funding for
programs and services under the jurisdiction of VESID. Thomas E. Hogan and the Office of Nonpublic
School Services recommend that an order of consolidation of The Ryken
Educational Center and Ryken Educational Center, Inc., be granted, with The
Ryken Educational Center as the surviving corporation.
Regents Meeting
September 9 and 10, 2004
CHARTERS
ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING
EDUCATION
ABSOLUTE CHARTERS
1. Bineinu Child Center, Brooklyn
2. Myrtle P. Jarmon Early Childhood Educational Center, Jamaica
3. Red Apple Child Development Center, A Chinese School, New York City
AMENDMENT OF CHARTERS
4. The Geneva School of Manhattan, New York City
5. The McCarton School, New York City
6. Tree of Life Nursery School, Commack
PROVISIONAL CHARTERS
7. The International School of Brooklyn, Brooklyn
8. The Ryken Educational Center, Brooklyn
EXTENSION OF
CHARTERS
9. Mountain Road School, New Lebanon
10. The Susan Odell Taylor School for Children, Troy
DISSOLUTION OF
CHARTER
11. Christ’s Church Nursery School, Rye
ORDER OF CONSOLIDATION
12. The Ryken Educational Center and Ryken Educational Center, Inc., Brooklyn
lll. HIGHER AND PROFESSIONAL
EDUCATION
AMENDMENT OF
CHARTERS
No. 1
TOURO
COLLEGE
New York City, New York
County
A provisional charter was granted to this
corporation by action of the Board of Regents on June 26, 1970 to operate a four-year
liberal arts college. Such provisional charter was amended on April 11, 1973, on
June 28, 1974, and extended on June 27, 1975 and was consolidated by Regents
action on June 21, 1979 with Jewish Teachers Seminary and People’s University, a
domestic corporation incorporated pursuant to Chapter 593 of the Laws of 1935
and with Herzliah Hebrew Teachers Institute, Inc., which was incorporated by
action of the Board of Regents under the corporate name “Herzliah Hebrew
Academy, Inc.” on February 15, 1923 and amended by Regents action on February
15, 1946 to change the corporate name to “Herzliah Hebrew Teachers Institute,
Inc.” Such provisional charter was amended and extended numerous times, and was
made absolute by Regents action on January 17, 1990. Such absolute charter was
again amended by Regents action on September 19, 1997, on April 29, 2003 and on
June 22, 2004. The board of trustees has applied for an amendment to the
absolute charter to add authority for the University to establish a branch
campus at Kew Gardens Hills, Queens County and to authorize it to award at that
branch campus the degrees of Bachelor of Arts (B.A.) and Bachelor of Science
(B.S.). Johanna Duncan-Poitier and the Office of Higher Education recommend that
the absolute charter be amended accordingly.
No. 2
UTICA
COLLEGE
Utica, Oneida
County
An absolute charter in the first instance was
granted to this corporation by action of the Board of Regents on May 18, 1995 to
operate an institution of higher learning offering instruction and research in
the liberal arts, sciences and professions leading to the degrees of Associate
in Arts (A.A.), Associate in Science (A.S.), Bachelor of Arts (B.A.) and
Bachelor of Science (B.S.). Such absolute charter was amended by Regents action
on September 18, 1998, on June 8, 1999, and the corporation was merged on June
18, 2002 with the Utica College Foundation, a not-for-profit corporation
incorporated pursuant to the Membership Corporations Law on April 6, 1953. Such
absolute charter was amended by Regents action on November 14, 2003.
The board of
trustees has applied for an amendment to the absolute charter to add authority
for the College to confer the degree of Doctor of Physical Therapy (D.P.T.).
Johanna Duncan-Poitier and the Office of the Professions recommend that the
absolute charter be amended accordingly.
PROVISIONAL
CHARTER
No. 3
SLOAN-KETTERING GRADUATE SCHOOL OF BIOMEDICAL
SCIENCES
New York City, New York
County
The board of trustees has petitioned the
Board of Regents to form a corporation to provide one or more courses of study,
which shall include scientific research as well as academic instruction, leading
to the earned degrees of Master of Science (M.S.) and Doctor of Philosophy
(Ph.D.) and the honorary degree of Doctor of Science (Sci.D.). Johanna
Duncan-Poitier and the Office of Higher Education recommend that a provisional
charter be granted for a period of five
years.
ORDER OF
CONSOLIDATION
No. 4
SUNBRIDGE COLLEGE and WALDORF INSTITUTE, INC.
Spring Valley, Rockland County
The board of trustees and the board of
directors have petitioned the Board of Regents, pursuant to Education Law §223,
for an order of consolidation of Sunbridge College and Waldorf Institute, Inc.
Sunbridge College was granted a provisional charter by action of the Board of
Regents on November 15, 1991 to operate a college. Such provisional charter was
extended by Regents action on June 9, 1995 and was made absolute on September
17, 1999. Waldorf Institute, Inc. was incorporated under §402 of the
Not-For-Profit Corporation Law (NPCL) on March 3, 1986. Upon the effective date
of the consolidation of Sunbridge College and Waldorf Institute, Inc., Sunbridge
College will assume all the assets, liabilities and responsibilities of both
organizations. The consolidated corporation will operate under the absolute
charter granted to Sunbridge College. Johanna Duncan-Poitier and
the Office of Higher Education recommend that an order of consolidation of Sunbridge College and
Waldorf Institute, Inc., be granted, with the surviving corporation being
Sunbridge College.
Regents Meeting
September 9 and 10, 2004
CHARTERS
HIGHER AND PROFESSIONAL
EDUCATION
AMENDMENT OF
CHARTERS
1. Touro College, New York City
2. Utica College, Utica
PROVISIONAL
CHARTER
3. Sloan-Kettering Graduate School of Biomedical Sciences, New York City
ORDER OF CONSOLIDATION
4. Sunbridge College and Waldorf Institute, Inc. , Spring Valley