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/ 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
SUBJECT: / Summary of the May 2007 Meeting
DATE: / June 7, 2007
STRATEGIC GOAL: / Goal #4
AUTHORIZATION(S):

Executive Summary

Issue for Decision

Review of the Summary of the May 2007 Meeting of the Board of Regents.

Proposed Handling

Approval of the Summary of the May 2007 meeting.

Procedural History

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

Recommendation

Approval of the Summary of the May 2007 meeting.

Timetable for Implementation

Effective June 26, 2007.

VOTED, that the Summary of the May 2007 Meeting of the Board of Regents of The University of the State of New York be approved.

SUMMARY OF THE MAY MEETING

OF THE BOARD OF REGENTS

OF

THE UNIVERSITY OF THE STATE OF NEW YORK

Held at the State Education Building

Albany, New York

May 21 and 22, 2007

David Johnson, Secretary

Board of Regents


THE BOARD OF REGENTS

The Board of Regents of The University of the State of New York held public sessions on Monday, May 21, at 10:00 a.m. and Tuesday, May 22, at 11:15 a.m. pursuant to a call duly sent to each Regent.

MEETING OF THE FULL BOARD, Monday, May 21, 10:00 a.m.

Board Members in Attendance:

Robert M. Bennett, Chancellor

Merryl H. Tisch, Vice Chancellor

Saul B. Cohen

James C. Dawson

Anthony S. Bottar

Geraldine D. Chapey

Arnold B. Gardner

Harry Phillips, 3rd

Joseph E. Bowman, Jr.

James R. Tallon, Jr.

Milton L. Cofield

Roger B. Tilles

Karen Brooks Hopkins

Natalie M. Gomez-Velez

Charles R. Bendit

Also present were the President of The University and Commissioner of Education, Richard P. Mills, Deputy Commissioner for Legal Affairs, Kathy A. Ahearn, and the Secretary, Board of Regents, David Johnson.

Chancellor Robert M. Bennett called the meeting to order at 10:00 a.m.

ACTION ITEMS

Executive Session Motion

MOVED, that the Board of Regents convene in Executive Session on Tuesday, May 22 at 7:30 a.m. for the purpose of discussing pending litigation and personnel matters.

Motion by: Vice Chancellor Merryl H. Tisch

Seconded by: Regent James C. Dawson

Action: Motion carried unanimously


Charter Schools: Renewal Charter

BR (A) 4

In accordance with the standards set forth in subdivision two of New York State Education Law Section 2852, the Board of Regents reviews applications for the renewal of existing charter schools and may either (a) approve and issue the charter or renewal charter as proposed by the charter entity, or (b) return the proposed charter or renewal charter to the charter entity for reconsideration with the written comments and recommendations of the Board of Regents.

The Trustees of the State University of New York have proposed a second renewal charter for the International Charter School of Schenectady (Rotterdam-Mohanasen). The School’s charter expired on April 4, 2007 and any action taken by the Board of Regents will become effective immediately.

MOVED, that the Board of Regents return the proposed second renewal charter of the International Charter School of Schenectady to the Trustees of the State University of New York for reconsideration, and with the following comments and recommendations: The International Charter School of Schenectady as it currently exists is significantly different in a number of material respects than the school that is described in the documents and materials submitted to the Board of Regents for review. It is, therefore, recommended that either (a) the proposed second renewal charter be amended to change the school’s renewal term to the end of the 2006-2007 school year at most, or that (b) the proposed second renewal charter be resubmitted to the Board of Regents with sufficient documentation of the ability of the school to operate in an educationally and fiscally sound manner for the term of the renewal, including but not limited to information on the School’s plan to independently manage and operate the School without a management company; the School’s academic program, textbooks and instructional materials, student discipline policies and a plan for recruiting a new school leader as well as teachers and students.

Motion by: Regent James C. Dawson

Seconded by: Regent Milton L. Cofield

Action Motion carried unanimously

DISCUSSION ITEMS

Commissioner’s Report to the Board

The Commissioner’s written monthly report focused on nine subject areas: Roosevelt; Grade 3 through 8 test results – English Language Arts; Article VII issues; Contracts for Excellence; Emergency Regulations; Teacher Preparation and Student Outcomes; Implementation of the Statewide Plan for Higher Education: Strengthening Retention; Regents Priority Legislation; and, Parent and Family Partnerships.

Status Report on Roosevelt Union Free School District

BR (I) 2

Senior Deputy Commissioner Johanna Duncan Poitier led a discussion on the status of the Roosevelt Union Free School District and next steps to be taken. Her comments focused on actions scheduled in the areas of education, leadership, fiscal stability, and school buildings.

In discussion, Board members expressed the need for program coordination in the collaborative efforts of external partners, the critical need for classroom supplies to be in place at the start of school in the Fall, and the establishment of monthly progress benchmarks.

MISCELLANEOUS

2006 Yavner Awards for Teaching About the Holocaust

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

Ms. Beth Quinn, a special education teacher at Gorton High School in the Yonkers Public Schools, was presented the 2006 Yavner Teaching Award. Ms. Quinn received a formal citation and a check in the amount of $250.

Mr. Ira Bilus, a Holocaust educator and community leader from Brooklyn, was presented the 2006 Louis E. Yavner Citizen Award. Mr. Bilus received a formal citation and a check in the amount of $250.


MEETING OF THE FULL BOARD, Tuesday, May 22, 11:15 a.m.

Board Members in Attendance:

Robert M. Bennett, Chancellor

Merryl H. Tisch, Vice Chancellor

Saul B. Cohen

James C. Dawson

Anthony S. Bottar

Geraldine D. Chapey

Arnold B. Gardner

Harry Phillips, 3rd

Joseph E. Bowman, Jr.

James R. Tallon, Jr.

Milton L. Cofield

Roger B. Tilles

Karen Brooks Hopkins

Natalie M. Gomez-Velez

Charles R. Bendit

Also present were the President of The University and Commissioner of Education, Richard P. Mills, Deputy Commissioner for Legal Affairs, Kathy A. Ahearn, and the Secretary, Board of Regents, David Johnson.

Chancellor Robert M. Bennett called the meeting to order at 11:15 a.m.

Charter Applications for May 2007

BR (A) 1

MOVED, that the Regents approve each application in accordance with the recommendations contained in the respective summaries, with the exception of the application submitted by Coney Island, U.S.A., Brooklyn, which was withdrawn from consideration.

Motion by: Regent Roger B. Tilles

Seconded by: Regent Harry Phillips, 3rd

Action: Motion carried unanimously

Summary of the April 2007 Meeting

BR (A) 2

MOVED, that the Summary of the April 2007 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: Regent Karen Brooks Hopkins

Action: Motion carried unanimously

State Education Department April 2007 Fiscal Report

BR (A) 3

The Board received for review and acceptance the April 2007 Fiscal Report, including a USNY grant received since the last Fiscal Report.

General fund and federal accounts are in structural balance.

Revenue accounts are in structural balance, allowing for normal reimbursement delays in the planned use of prior year balances. After expending prior year funds, the Archives Partnership Trust (APT) will use sufficient revenue from the APT endowment, pursuant to Chapter 399 of the Laws of 1998, to maintain structural balance.

MOVED, that the Board of Regents accept the April 2007 State Education Department Fiscal Report as presented.

Motion by: Regent Geraldine D. Chapey

Seconded by: Regent Harry Phillips, 3rd

Action: Motion carried unanimously


Extension of the Appointment of James L. Knowles as Interim Superintendent

at the State School for the Blind

BR (A) 5

MOVED, that the Board of Regents extend the appointment of James L. Knowles as Interim Superintendent of the New York State School for the Blind, for the period June 23, 2007 – August 29, 2008.

Motion by: Regent James C. Dawson

Seconded by: Regent Karen Brooks Hopkins

Action: Motion carried unanimously

DISCUSSION ITEMS

Update on SED Leadership Academy IV

BR (D) 1

Certificates were presented to the graduates of the Department’s Leadership Academy IV.

Academy participants are required to complete a Department-wide project as part of a team. Representatives of each of the teams presented a brief summary of the project topics: Improving Linkages Between the State Boards for the Professions and Schools; The Next Generation of School Improvement; and, VESID/EMSC Data Assessment.

2008 Regents Priority Legislation

BR (D) 2

The Board reviewed the process for identifying 2008 State and federal legislative priorities. In June, the Standing Committees of the Board will identify proposed priorities as the next step in preparation for final Board approval in September.

MISCELLANEOUS

2008 NASBE Board of Directors Elections

This item was withdrawn from the agenda for consideration in June.

Resolution in Recognition of Distinguished Service for David J. DeSantis

MOVED, that the Board of Regents approve a resolution recognizing David J. DeSantis for 42 years of service and commitment to public education.

Motion by: Regent James C. Dawson

Seconded by: Regent Joseph E. Bowman, Jr.

Action: Motion carried unanimously

The resolution is attached as Appendix III

Resolution in Recognition of Distinguished Service for Thomas Monahan

MOVED, that the Board of Regents approve a resolution expressing their gratitude to Thomas Monahan for his dedicated service and leadership on behalf of the professions and in pursuit of public protection.

Motion by: Regent Milton L. Cofield

Seconded by: Regent Joseph E. Bowman, Jr.

Action: Motion carried unanimously

The resolution is attached as Appendix IV.

STANDING COMMITTEE REPORTS

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

Motion by: Regent Saul B. Cohen

Seconded by: Regent Milton L. Cofield

Action: Motion carried unanimously

REGENTS SUBCOMMITTEE ON AUDITS

The Regents Subcommittee on Audits met on May 21. The Subcommittee members were informed that staff from the Office of Counsel, the Office of P-16, and the Office of Audit Services have begun to meet on a regular basis to provide greater scrutiny of the findings contained in audit reports. The group is examining all current audit reports as well as considering any past reports on a district’s operation. The focus of the meetings has been two fold; one is to use the findings as a basis for developing training programs. The training programs would be more than likely developed with the cooperation of one of the Department’s partner organizations. The second approach is to use the school districts’ 90-day response to the audit report to reexamine the need for an additional type of intervention. The 90-day response is important because it requires the Board’s approval of corrective actions. Staff will keep the members informed on activities related to the process for reviewing audit findings.

The meeting was devoted to two major topics: the analysis of school district financial statements and the presentation of audit reports.

Staff from the Office of Audit Services described the process that is used to identify districts in fiscal stress as well as those moving toward stress. The office reviews the annual financial statements for all school districts and applies a certain criteria to those financials. Staff described the criteria and explained the factors that are considered.

Based on the 2005-06 financial statements, 16 schools have been identified as being in “stress” and 25 as in “concern.” The Subcommittee had a discussion on the importance of more broadly distributing this information. It was the feeling of the members of the Subcommittee that this is information that should be made publicly available so that residents of school districts are informed on the financial condition of the District. The Office of Audit Services, Office of Counsel, Office of P-16 and Office of Innovation will develop a plan for releasing school financial information to the press and Legislators.

The following audits were presented for review.

Office of Audit Services

VESID Albany District Office

VESID Mid-Hudson District Office

U.S. Department of Education - Office of the Inspector General

Hempstead Union Free School District

Office of the State Comptroller

Mineola Union Free School District

Buffalo City School District

Greater Southern Tier BOCES

Monroe I BOCES

Silver Creek Central School District

Webster Central School District

Lyons Central School District

Somers Central School District

Scarsdale Union Free School District

Patchogue-Medford Union Free School District

Salem Central School District

Heuvelton Central School District

Newfane Central School District

East Aurora Union Free School District

Gouverneur Central School District

Andover Central School District

Uniondale Union Free School District

Brunswick Central School District

Franklinville Central School District

Clarkstown Central School District

Marion Central School District

Niskayuna Central School District

Lake Placid Central School District

Cambridge Central School District

Westport Central School District

Lake George Central School District

Whitehall Central School District

North Greenbush Common School District

Fort Plain Central School District

Brewster Central School District

Pavilion Central School District

Byram Hills Central School District

Fabius-Pompey Central School District

Hudson City School District

Bedford Central School District

Washingtonville Central School District

East Moriches Union Free School District