TO: /
The Honorable the Members of the Board of Regents
FROM: / Anthony LofrumentoSUBJECT: / Summary of the April 2010 Meeting
DATE: / May 7, 2010
STRATEGIC GOAL: / Goal #4
AUTHORIZATION(S):
Executive Summary
Issue for Decision
Review of the Summary of the April 2010 Meeting of the Board of Regents.
Proposed Handling
Approval of the Summary of the April 2010 meeting.
Procedural History
This document summarizes the actions of the Board of Regents during the monthly meeting and is brought before the Board the following month for approval.
Recommendation
Approval of the Summary of the April 2010 meeting.
Timetable for Implementation
Effective May 18, 2010.
VOTED, that the Summary of the April 2010 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 at the State Education Building
Albany, New York
April 19 and 20, 2010
Anthony Lofrumento, Secretary
Board of Regents
THE BOARD OF REGENTS
The Board of Regents of The University of the State of New York held public sessions on Monday, April 19 at 9:00 a.m. and Tuesday, April 20 at 11:45 a.m. pursuant to a call to duty sent to each Regent.
MEETING OF THE FULL BOARD, Monday, April 19, 9:00 a.m.
Board Members in Attendance:
Merryl H. Tisch, Chancellor
Milton L. Cofield, Vice Chancellor
Robert M. Bennett, Chancellor Emeritus
Saul B. Cohen
James C. Dawson
Anthony S. Bottar
Geraldine D. Chapey
Harry Phillips, 3rd
Joseph E. Bowman, Jr.
James R. Tallon, Jr.
Charles R. Bendit
Betty A. Rosa
Lester W. Young, Jr.
Christine D. Cea
Wade S. Norwood
Also present were the Commissioner of Education, David M. Steiner, Senior Deputy Commissioner P-12, John King, Acting Counsel and Deputy Commissioner for Legal Affairs, Erin O’Grady-Parent, and the Secretary, Board of Regents, Anthony Lofrumento. Regents Roger Tilles and Karen Brooks Hopkins were absent and excused.
Chancellor Merryl H. Tisch called the meeting to order at 9:00 a.m.
ACTION ITEMS
Executive Session Motion
MOVED, that the Board of Regents convene in Executive Session on Tuesday, April 20 at 8:15 a.m. for the purpose of discussing a personnel matter and pending legal proceedings.
Motion by: Vice Chancellor Milton L. Cofield
Seconded by: Regent Harry Phillips, 3rd
Action: Motion carried unanimously
State Education Department March 2010 Fiscal Report
BR (A) 3
MOVED, that the Board of Regents accept the March 2010 State Education Department Fiscal Reports as presented.
Motion by: Vice Chancellor Milton L. Cofield
Seconded by: Regent James C. Dawson
Action: Motion carried unanimously
Race to the Top
Oral
MOVED, that the Board of Regents directs the Commissioner of Education to assemble a team to write the Race to the Top Round 2 application to reflect key agreements reached.
Motion by: Regent James C. Dawson
Seconded by: Chancellor Emeritus Bennett
Action: Motion carried unanimously
DISCUSSION ITEM
Mandates
BR (D) 1
The Commissioner provided information on how the mandates list was developed and how the Senior Deputy and he will move forward gathering comments, preparing the next draft and presenting the information to the Board.
Full Board adjourned at 9:45 a.m.
MEETING OF THE FULL BOARD, Tuesday, April 20, 11:45 a.m.
Board Members in Attendance:
Merryl H. Tisch, Chancellor
Robert M. Bennett, Chancellor Emeritus
Saul B. Cohen
James C. Dawson
Anthony S. Bottar
Geraldine D. Chapey
Harry Phillips, 3rd
Joseph E. Bowman, Jr.
James R. Tallon, Jr.
Karen Brooks Hopkins
Charles R. Bendit
Betty A. Rosa
Lester W. Young, Jr.
Christine D. Cea
Wade S. Norwood
Also present were the Commissioner of Education, David M. Steiner, Senior Deputy Commissioner P-12, John King, Acting Counsel and Deputy Commissioner for Legal Affairs, Erin O’Grady-Parent, and the Secretary, Board of Regents, Anthony Lofrumento. Vice Chancellor Milton L. Cofield and Regent Roger Tilles were absent and excused.
Chancellor Merryl H. Tisch called the meeting to order at 11:45 a.m.
ACTION ITEMS
Charter Applications for April 2010
BR (A) 1
MOVED, that the Regents approve each application in accordance with the recommendations contained in the respective summaries.
Motion by: Regent James C. Dawson
Seconded by: Chancellor Emeritus Robert M. Bennett
Action: Motion carried unanimously
Summary of the March 2010 Meeting
BR (A) 2
MOVED, that the Summary of the March 2010 Meeting of the Board of Regents of The University of the State of New York be approved.
Motion by: Regent James C. Dawson
Seconded by: Chancellor Emeritus Robert M. Bennett
Action: Motion carried unanimously
Appointment to the Position of Executive Secretary, State Board for Acupuncture, State Board for Occupational Therapy, and State Board for Speech-Language Pathology and Audiology
BR (A) 4
MOVED, that the Regents approve the appointment of Douglas E. Lentivech as Executive Secretary to the State Board for Acupuncture, the State Board for Occupational Therapy, and the State Board for Speech-Language Pathology and Audiology.
Motion by: Regent Anthony S. Bottar
Seconded by: Regent Harry Phillips, 3rd
Action: Motion carried unanimously
Regents Monthly Meeting Dates, January – December 2011
BR (A) 5
MOVED, that the list of Regents meeting dates for the period January – December 2011 be approved.
Motion by: Regent James C. Dawson
Seconded by: Chancellor Emeritus Robert M. Bennett
Action: Motion carried unanimously
PROGRAM AREA CONSENT ITEMS
EMSC
Proposed Addition of Section 100.5(d)(8) of the Regulations of the Commissioner of Education, relating to Making Up Course Credit
BR (CA) 1
MOVED, that paragraph (8) of subdivision (d) of section 100.5 of the Regulations of the Commissioner of Education be added, as submitted, effective May 12, 2010.
Higher Education
Master Plan Amendment: Boricua College to Open a Branch Campus in the Bronx
BR (CA) 2
MOVED, that the Board of Regents approve the amendment to the master plan of Boricua College authorizing the College to open a branch campus in the Bronx, and to offer the same degree programs as those offered at the College’s two existing campuses. The amendment will be effective until April 30, 2011, unless the College implements the move to the proposed branch campus prior to that date, in which case master plan amendment shall be without term.
Reappointments to the New York State Teachers’ Retirement Board
BR (CA) 3
MOVED, that the Board of Regents approve the reappointments to the New York State Teachers’ Retirement System Board for a three-year term of Daniel J. Hogarty, Jr. beginning May 6, 2010 and ending May 6, 2013; R. Michael Kraus beginning June 30, 2010 and ending June 30, 2013; and Michael J. Masse beginning June 30, 2010 and ending June 30, 2013.
Master Plan Amendment: New York Chiropractic College
BR (CA) 4
MOVED, that the Board of Regents approve the amendment to the master plan of New York Chiropractic College to allow the College to offer a Master of Science degree program in Human Anatomy and Physiology Instruction. The amendment will be effective until April 20, 2011, unless the Department registers the program prior to that date, in which case master plan amendment shall be without term.
Professional Practice
Proposed Amendment to the Regulations of the Commissioner of Education Relating to Continuing Education Requirements for Dentists and the Registration of Dental Residents
BR (CA) 5
MOVED, that subparagraph (v) of paragraph (1) of subdivision (c) of section 61.15 of the Regulations of the Commissioner of Education be amended; and that subdivision (d) of section 61.18 of the Regulations of the Commissioner of Education be added, as submitted, effective April 24, 2010, as an emergency action upon a finding by the Board of Regents that such action is necessary to ensure that the emergency rule adopted at the January 2010 Regents meeting, remains continuously in effect until the effective date of its adoption as a permanent rule to avoid disruption of the implementation of Chapter 436 of the Laws of 2009.
MOVED, that subparagraph (v) of paragraph (1) of subdivision (c) of section 61.15 of the Regulations of the Commissioner of Education be amended; and that subdivision (d) of section 61.18 of the Regulations of the Commissioner of Education be added, as submitted, effective May 12, 2010.
Master Plan Amendment: State University of New York College of Technology at
Alfred, Bachelor of Science (B.S.) Degree in Nursing
BR (CA) 6
MOVED, that the Board of Regents approve the proposed master plan amendment of the State University of New York authorizing the College of Technology at Alfred to offer the Bachelor of Science degree program in Nursing. This amendment will be effective until April 20, 2011, unless the Department registers the program prior to that date, in which case the Master Plan Amendment shall be without term.
Master Plan Amendment: State University of New York Institute of Technology at
Utica/Rome, Bachelor of Science (B.S.) Degree in Electrical and Computer
Engineering
BR (CA) 7
MOVED, that the Board of Regents approve the proposed master plan amendment of the State University of New York authorizing the Institute of Technology at Utica/Rome to offer the Bachelor of Science degree program in Electrical and Computer Engineering. This amendment will be effective until April 20, 2011, unless the Department registers the program prior to that date, in which case the Master Plan Amendment shall be without term.
Report of the Committee on the Professions Regarding Licensing Petitions
BR (CA) 8
MOVED, that the Regents approve the recommendations of the Committee on the Professions regarding licensing petitions.
(Re)Appointments of Members to the State Boards for the Professions and (Re)Appointments of Extended Members to the State Boards for the Professions for Service on Licensure Disciplinary and/or Licensure Restoration and Moral Character Panels
BR (CA) 9
MOVED, that the Regents should approve the proposed (re)appointments.
Motion by: Regent Harry Phillips, 3rd
Seconded by: Regent James C. Dawson
Action: Motion carried unanimously
STANDING COMMITTEE REPORTS
MOVED, that the reports from the Regents Standing Committees be approved as submitted.
Motion by: Regent Geraldine D. Chapey
Seconded by: Regent Saul B. Cohen
Action: Motion carried unanimously
Formation of a Blue Ribbon Panel
The Commissioner announced that Regent Saul B. Cohen agreed to chair a Blue Ribbon Panel comprised of highly renowned teacher educators and that the Panel will make recommendations to the Board of Regents on programs for consideration to establish clinically rich teacher preparation programs. (See HE(A) 4 for more information.)
Full Board adjourned at 12:30 p.m.
audits
Regent Geraldine Chapey, Chair of the Regents Subcommittee on Audits submitted the following report.
Your Regents Subcommittee on Audits had its scheduled meeting on April 20, 2010. Chancellor Tisch, Chancellor Emeritus Bennett, Regents Bendit, Phillips, and Tallon, were in attendance.
Items for Discussion
Chair’s Remarks: Regent Chapey welcomed everyone and commented on the impact of the ARRA audits in establishing relationships with school district leaders.
Proposed Revision to the Statement on the Governance Role of a Trustee and Board Member
In follow up to our last meeting, staff proposed modified language to be included in the Statement. The language would provide guidance to boards in considering and/or adopting policies limiting or prohibiting the employment of relatives or other individuals with a personal relationship with board members. The language will be incorporated into the Statement.
Additional Information on expectations on the Department for Sub-recipient Monitoring
Staff provided further information on the basis in federal regulation for the Department’s monitoring of sub-recipients receiving federal funds. A discussion of current Department processes took place and a planned change for future coordination and efficiencies was presented.
Proposed Actions Taken in Response to the Findings and Recommendations in the Office of the State Comptroller Audit of Regents Examination Scoring
The Subcommittee was briefed on a proposal to phase in a requirement that school districts begin to scan Regents examination answer sheets. The proposal would call for the scanning of some exams in June 2011 and the balance of the exams commencing with the 2011-12 school year.
The introduction of the scanning will allow the collection of item level and test taker demographic data that the Department needs for federal reporting. It is expected that the districts will benefit by an accelerated exam scoring process, elimination of manual inputting of test results and provides actionable data that can be used to inform their instructional programs.
The Sub-committee agreed to forward to the EMSC Committee for discussion and approval.
Presentation of Audits
The Subcommittee was presented with 15 audits. Staff described the results of the four audits on school district use of ARRA funds. The audits found that 2 of the 4 claimed anticipated expenditures which are not permissible under ARRA ESF. We also found that 2 of the 4 charged ARRA funds for expenditures that were not included in the approved budget. Three districts did not comply with federal requirements requiring payroll certifications and none of the districts were aware of cash management requirements.
The Subcommittee asked to be updated on actions taken to communicate cash management issues to the field.
REGENTS COMMITTEE ON CULTURAL EDUCATION
Regent James C. Dawson, Chair of the Cultural Education Committee, submitted the following written report.
Your Committee on Cultural Education (CE) had its scheduled meeting on April 19, 2010.
In attendance were: Regents Dawson, Bowman and Brooks-Hopkins
Absent: Regents Phillips and Tilles
In addition to CE Committee Members in attendance were: Regent Bendit
ITEMS FOR DISCUSSION
Chair’s Remarks: Regent Dawson welcomed everyone and opened the meeting. Regent Dawson reported on his recent participation in the Northern New York Library Network’s archival conference in Potsdam and in the Museum Association of New York’s (MANY) annual conference.
Deputy’s Report: Deputy Commissioner Jeffrey Cannell greeted everyone and briefly spoke about the Deputy’s OCE Monthly Report that was distributed prior to the meeting. In addition, Mr. Cannell talked briefly about mandate relief for cultural institutions and existing requirements that ensure quality of service, stewardship of public records and protection of collections. He also explained that in cases where a mandate may become financially burdensome for an institution, the institution may request relief via a variance or a waiver as stipulated in the Commissioner’s Regulations and Education Law providing the institution remains in compliance. Mr. Cannell also reported briefly on his participation in the National Archives of the Netherlands Mutual Cultural Heritage meeting in Surniame, where he represented the United States. Finally, Mr. Cannell provided an update regarding State Librarian, Bernard A. Margolis who is currently in the hospital.