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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:

Anthony Lofrumento

SUBJECT:

Summary of the September 2011 Meeting


DATE:

October 4, 2011


AUTHORIZATION(S):



Executive Summary



Issue for Decision
Review of the Summary of the September 2011 Meeting of the Board of Regents.
Proposed Handling
Approval of the Summary of September 2011 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 September 2011 meeting.
Timetable for Implementation
Effective October 18, 2011.
VOTED, that the Summary of the September 2011 Meeting of the Board of Regents of The University of the State of New York be approved.



SUMMARY OF THE SEPTEMBER MEETING
OF THE BOARD OF REGENTS
OF
THE UNIVERSITY OF THE STATE OF NEW YORK


Held at the State Education Building
Albany, New York

September 12 and 13, 2011




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 a session on Monday, September 12 at 9:00 a.m. pursuant to a call to duty sent to each Regent.
MEETING OF THE FULL BOARD, Monday, September 12 at 9:00 a.m.
Board Members in Attendance:
Chancellor Merryl H. Tisch

Vice Chancellor Milton L. Cofield

Robert M. Bennett, Chancellor Emeritus

James C. Dawson

Anthony S. Bottar

Harry Phillips, 3rd

James R. Tallon, Jr.

Roger Tilles

Charles R. Bendit

Betty A. Rosa

Lester W. Young, Jr.

Christine D. Cea

James O. Jackson

Kathleen M. Cashin

James E. Cottrell
Also present were the Commissioner of Education, John B. King Jr., Executive Deputy Commissioner Valerie Grey, Counsel and Deputy Commissioner for Legal Affairs, Richard J. Trautwein, and the Secretary, Board of Regents, Anthony Lofrumento. Regents Geraldine D. Chapey and Wade S. Norwood were absent and excused.
Chancellor Merryl H. Tisch called the meeting to order at 9:00 a.m.

ACTION ITEM



Executive Session Motion
MOVED, that the Board of Regents convene in executive session on Tuesday, September 13, 2011 at 8:15 a.m. to discuss personnel and litigation matters.
Motion by: Vice Chancellor Milton L. Cofield

Seconded by: Regent James C. Dawson

Action: Motion carried unanimously

PRESENTATIONS



Early Learning Challenge Grant

Oral

Commissioner John King, Executive Deputy Commissioner Valerie Grey and


P-12 Associate Commissioner Ken Slentz presented information on the Early Learning Challenge Grant.

Full Board adjourned at 9:30 a.m.



MEETING OF THE FULL BOARD, Tuesday, September 13
Board Members in Attendance:
Chancellor Merryl H. Tisch

Vice Chancellor Milton L. Cofield

James C. Dawson

Anthony S. Bottar

Geraldine D. Chapey

Harry Phillips, 3rd

James R. Tallon, Jr.

Roger Tilles

Charles R. Bendit

Betty A. Rosa

Lester W. Young, Jr.

Christine D. Cea

James O. Jackson

Kathleen M. Cashin



James E. Cottrell
Also present were the Commissioner of Education, John King, Executive Deputy Commissioner Valerie Grey, Counsel and Deputy Commissioner for Legal Affairs, Richard J. Trautwein, and the Secretary, Board of Regents, Anthony Lofrumento. Chancellor Emeritus Robert M. Bennett and Regent Wade S. Norwood were absent and excused.
Chancellor Merryl H. Tisch called the meeting to order at 11:30 a.m.

ACTION ITEMS



Charter Applications for September 2011

BR (A) 1

MOVED, that the Regents approve each application in accordance with the recommendations contained in the respective summaries.
Motion by: Vice Chancellor Milton L. Cofield

Seconded by: Regent Christine D. Cea
Action: Motion carried unanimously

Summary of the July 2011 Meeting of the Board of Regents

BR (A) 2
MOVED, that the Summary of the July 2011 Meeting of the Board of Regents of The University of the State of New York be approved.
Motion by: Regent Christine D. Cea

Seconded by: Vice Chancellor Milton L. Cofield
Action: Motion carried unanimously

PROGRAM AREA CONSENT ITEMS
Cultural Education
Appointments to the Regents Advisory Council on Libraries

BR (CA) 1

MOVED, that the Regents take the following action: That John Hammond be reappointed and Steven M. Manning be appointed to the Regents Advisory Council on Libraries for five-year terms beginning October 1, 2011 and ending September 30, 2016. It is also recommended that Sharon E. Orienter be appointed to fill a partial term for a three-year period beginning October 1, 2011 and ending September 30, 2014.

Motion by: Regent Roger Tilles

Seconded by: Chancellor Emeritus Robert M. Bennett

Action: Motion carried unanimously

Higher Education
Amendment of Subpart 30-1 of the Regents Rules and sections 80-1.7 and 80-1.8 of the Regulations of the Commissioner of Education Relating to Tenure and Seniority Rights for Teachers Performing Instructional Support Services (ISS) in a Board of Cooperational Educational Services (BOCES)
BR (CA) 2

MOVED, that the Board of Regents take the following action: That subdivision (b) of section 30-1.2 of the Rules of the Board of Regents be amended; that subdivisions (c) and (d) of section 30-1.2 be renumbered to subdivisions (d) and (e), a new subdivision (c) be added, and renumbered subdivision (d) be amended and a new subdivision (e) be added to section 30-1.2 of the Rules of the Board of Regents; that subdivision (b) and (d) of section 30-1.9 of the Rules of the Board of Regents be amended; that section 80-1.7 of the Regulations of the Commissioner of Education be amended and that subdivision (a) of section 80-1.8 of the Regulations of the Commissioner of Education be amended, as submitted, effective October 5, 2011.
Conferral of Degrees: Bethel Seminary of the East

BR (CA) 3
MOVED, that the Board of Regents confer upon the individual listed, who has completed the requirements for his registered degree program at Bethel Seminary of the East, the respective degree as listed.
Proposed Amendment of Section 27-1.1 of the Rules of the Board of Regents Relating to Student Eligibility for the Higher Education Opportunity Program

BR (CA) 4
MOVED, that subdivision (b) of section 27-1.1 of the Rules of the Board of Regents be amended, as submitted, effective October 5, 2011.
Proposed Amendment of Section 80-3.7 of the Regulations of the Commissioner of Education Relating to the Individual Evaluation Pathway to Teacher Certification

BR (CA) 5
MOVED, that section 80-3.7 of the Regulations of the Commissioner of Education be amended, as submitted, effective October 5, 2011.
Proposed Amendment of Section 87.5 of the Regulations of the Commissioner of Education Relating to Due Process Procedures for Criminal History Record Checks of Prospective School Employees and Applicants for Certification

BR (CA) 6
MOVED, that the Board of Regents take the following action: that subparagraphs (vii) and (viii) of paragraph (4) of subdivision (a), paragraph (5) of subdivision (a), and subdivision (b) of Section 87.5 of the Regulations of the Commissioner of Education be amended, as submitted, effective October 5, 2011; and further, that subparagraphs (vii) and (viii) of paragraph (4) of subdivision (a), paragraph (5) of subdivision (a), and subdivision (b) of Section 87.5 of the Regulations of the Commissioner of Education be amended, as submitted, effective September 22, 2011, as an emergency measure upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare in order to ensure that the emergency rule adopted at the June Regents meeting remains continuously in effect until the effective date of the permanent rule.
Proposed Revisions to the New York State Teaching Standards

BR (CA) 7
MOVED, that these provisions under Standard V of the New York State Teaching Standards be revised to replace the term “adapt” with “select”; to remove references to “modifications”; to clarify the reference to “adjusting” an assessment system; and to change the term “assessment modifications” to “testing accommodations.” Attached are the New York State Teaching Standards with the recommended revisions.
Renewal of Permission to Operate in New York State: Carnegie Mellon University

BR (CA) 8
MOVED, that the Board of Regents renew the authorization of Carnegie Mellon University to offer in Manhattan its M.S. in Computational Finance program for a period ending September 30, 2016.
Amendment to Section 100.2(o) of the Commissioner’s Regulations and Addition of a New Subpart 30-2 to the Rules of the Board of Regents, Relating to Annual Professional Performance Reviews of Classroom Teachers and Building Principals

BR (CA) 9
MOVED, that the Board of Regents take the following action: that paragraph (1) of subdivision (o) be repealed and paragraph (2) of subdivision (o) be renumbered paragraph (1) of subdivision (o), subparagraph (ii) of renumbered paragraph (1) of subdivision (o) be amended, subclause (1) of clause (a) of subparagraph (iv) of renumbered paragraph (1) of subdivision (o) be amended, subclauses (v) through (vii) of renumbered paragraph (1) of subdivision (o) be renumbered subparagraphs (vi) through (viii) of renumbered paragraph (1) of subdivision (o) and that a new subparagraph (v) of renumbered paragraph (1) of subdivision (o) of section 100.2 of the Regulations of the Commissioner of Education be added and that a new Subpart 30-2 of the Rules of the Board of Regents be added, as submitted, effective October 10, 2011, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare in order to ensure that the emergency rule remains continuously in effect while litigation is pending on certain of its provisions until all appeals are final and it can be adopted as a permanent rule.


P-12 Education
Amendment of Section 156.3 of the Regulations of the Commissioner, Relating to School Bus Driver Safety Training and Reporting of School Vehicle Idling on School Grounds

BR (CA) 10
MOVED, that the Regents take the following action: that subparagraph (iii) of paragraph (5) of subdivision (b) and paragraph (5) of subdivision (h) of section 156.3 of the Regulations of the Commissioner of Education be amended as submitted, effective October 5, 2011; and it is further moved that subparagraph (iii) of paragraph (5) of subdivision (b) and paragraph (5) of subdivision (h) of section 156.3 of the Regulations of the Commissioner of Education be amended as submitted, effective September 19, 2011, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare to ensure that the emergency rule adopted at the June 2011 Regents meeting remains continuously in effect until the effective date of its adoption as a permanent rule.
Proposed Amendment of Section 136.3(e) of the Regulations of the Commissioner Relating to Vision Screenings for Hyperopia

BR (CA) 11
MOVED, that the Board of Regents take the following action: that subparagraph (ii) of paragraph (1) of subdivision (e) of section 136.3 of the Regulations of the Commissioner of Education is amended, effective October 5, 2011.
Registration of Public Schools

BR (CA) 12
MOVED, that the schools listed be registered.
Repeal of Section 155.6 of the Regulations of the Commissioner, Relating to School Facility Report Cards

BR (CA) 13
MOVED, that the Regents take the following action: that section 155.6 of the Regulations of the Commissioner of Education be repealed, effective October 5, 2011; and it is further moved that section 155.6 of the Regulations of the Commissioner of Education be repealed, effective September 19, 2011, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare to ensure that the emergency rule adopted at the June 2011 Regents meeting remains continuously in effect until the effective date of its adoption as a permanent rule.


Professional Practice
(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) 14
MOVED, that the Regents approve the proposed (re)appointments.

Report of the Committee on the Professions Regarding Licensing Petitions

BR (CA) 15
MOVED, that the Regents approve the recommendations of the Committee on the Professions regarding licensing petitions.
Master Plan Amendment: Briarcliffe College, Associate in Applied Science (A.A.S.) Degree in Dental Hygiene

BR (CA) 16
MOVED, that the Board of Regents approve the amendment to the master plan of Briarcliffe College authorizing its Patchogue Campus to offer the Associate in Applied Science degree in Dental Hygiene.  This amendment would be effective until September 13, 2012, unless the program is registered by the Department prior to that date, in which case master plan amendment shall be without term.
Motion by: Regent James C. Dawson

Seconded by: Regent Harry Phillips, 3rd

Action: Motion carried unanimously, with the exceptions of: items BR (CA) 9, where the vote was 13 ‘yes’ votes and 2 ‘opposed’ votes (Opposed were Regents Rosa and Cashin.)
Vice Chancellor Milton L. Cofield recused himself from the vote on BR (CA) 8 and Regent Roger Tilles recused himself from the vote on BR (CA) 16.

State Education Department Fiscal Report – July/August 2011

BR (A) 3
MOVED, that the Board of Regents accept the June 2011 State Education Department Fiscal Report as presented.

Motion by: Regent Roger Tilles

Seconded by: Vice Chancellor Milton L. Cofield
Action: Motion carried unanimously

Regents Research Grant Approval

BR (A) 4
MOVED, that the Board of Regents accept the sum of $500,000 from the Tiger Foundation to support the work of the USNY Regents Research Fellowship Program.
Motion by: Regent James C. Dawson

Seconded by: Vice Chancellor Milton L. Cofield
Action: Motion carried unanimously





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