TO: /
The Honorable the Members of the Board of Regents
FROM: / Anthony LofrumentoSUBJECT: / Summary of the June 2009 Meeting
DATE: / July 2, 2009
STRATEGIC GOAL: / Goal #4
AUTHORIZATION(S):
Executive Summary
Issue for Decision
Review of the Summary of the June 2009 Meeting of the Board of Regents.
Proposed Handling
Approval of the Summary of the June 2009 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 June 2009 meeting.
Timetable for Implementation
Effective July 27, 2009.
VOTED, that the Summary of the June 2009 Meeting of the Board of Regents of The University of the State of New York be approved.
SUMMARY OF THE JUNE MEETING
OF THE BOARD OF REGENTS
OF
THE UNIVERSITY OF THE STATE OF NEW YORK
Held at the State Education Building
Albany, New York
June 22 and 23, 2009
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, June 22 at 9:00 a.m. and on Tuesday, June 23 at 11:15 a.m. pursuant to a call duly sent to each Regent.
MEETING OF THE FULL BOARD, Monday, June 22, 9:00 a.m.
Board Members in Attendance:
Merryl H. Tisch, Chancellor
Milton L. Cofield, Vice Chancellor
Saul B. Cohen
James C. Dawson
Anthony S. Bottar
Robert M. Bennett
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
Wade S. Norwood
Also present were the Commissioner of Education, Richard P. Mills, Interim Commissioner Carole Huxley, Acting Counsel and Deputy Commissioner for Legal Affairs, Erin O’Grady-Parent, and the Secretary, Board of Regents, Anthony Lofrumento. Regents Joseph E. Bowman, Jr. 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, June 23 at 8:00 a.m. and Wednesday, July 15 at 10:00 a.m. for the purpose of discussing litigation and personnel matters.
Motion by: Vice Chancellor Milton L. Cofield
Seconded by: Regent Geraldine D. Chapey
Action: Motion carried unanimously
Charter Applications for June 2009
BR (A) 1
MOVED, that the Regents approve each application in accordance with the recommendations contained in the respective summaries.
Motion by: Chancellor Emeritus Robert M. Bennett
Seconded by: Regent James C. Dawson
Action: Motion carried unanimously
Summary of the May 2009 Meeting
BR (A) 2
MOVED, that the Summary of the May 2009 Meeting of the Board of Regents of The University of the State of New York be approved.
Motion by: Chancellor Emeritus Robert M. Bennett
Seconded by: Regent James C. Dawson
Action: Motion carried unanimously
June 2009 Regulatory Agenda
BR (A) 3
MOVED, that the Regents approve the June 2009 Regulatory Agenda for the State Education Department as submitted.
Motion by: Chancellor Emeritus Robert M. Bennett
Seconded by: Regent James C. Dawson
Action: Motion carried unanimously
State Education Department May 2009 Fiscal Report
BR (A) 4
MOVED, that the Board of Regents accept the May 2009 State Education Department Fiscal Report as presented.
Motion by: Regent Saul B. Cohen
Seconded by: Regent James C. Dawson
Action: Motion carried unanimously
INFORMATION ITEMS
Race to the Top
Oral
Chancellor Merryl H. Tisch and Regent Lester W. Young provided updates on actives related to New York State Race to the Top application planning and strategy.
Graduation Rates
Oral
Commissioner Mills provided a detailed overview of graduation rate data.
Commissioner’s Report to the Board
Oral
The Commissioners Report was shared with the Board.
Full Board adjourned at 9:50 a.m.
MEETING OF THE FULL BOARD, Tuesday, June 23, 11:15 a.m.
Board Members in Attendance:
Merryl H. Tisch, Chancellor
Milton L. Cofield, Vice Chancellor
Robert M. Bennett, Chancellor Emeritus
James C. Dawson
Anthony S. Bottar
Geraldine D. Chapey
Harry Phillips, 3rd
James R. Tallon, Jr.
Roger Tilles
Karen Brooks Hopkins
Betty A. Rosa
Lester W. Young, Jr.
Christine D. Cea
Wade S. Norwood
Also present were the Commissioner of Education, Richard P. Mills, Interim Commissioner Carole Huxley, Acting Counsel and Deputy Commissioner for Legal Affairs, Erin O’Grady-Parent, and the Secretary, Board of Regents, Anthony Lofrumento. Regents Saul B. Cohen, Joseph E. Bowman, Jr. and Charles R. Bendit were absent and excused.
Chancellor Merryl H. Tisch called the meeting to order at 11:15 a.m.
ACTION ITEMS
Appointment of Erin M. O’Grady-Parent as Acting Counsel and Deputy Commissioner for Legal Affairs
BR (A) 5
MOVED, that the Board of Regents accept the appointment of Erin M. O’Grady-Parent as Acting Counsel and Deputy Commissioner for Legal Affairs, effective July 1, 2009.
Motion by: Vice Chancellor Milton L. Cofield
Seconded by: Regent Anthony S. Bottar
Action: Motion carried unanimously
Approval of Licensing Agreement for Commercialization of Patents for Biological Control of Zebra Mussels, and Assignment of a Co-Owner’s Rights to Certain Patents
BR (A) 6
MOVED, that USNY enter into a License Agreement for commercialization of the patents, and that USNY’s fiscal agent be authorized to sign the License Agreement once negotiations are complete.
Motion by: Chancellor Merryl H. Tisch
Seconded by: Regent James C. Dawson
Action: Motion carried unanimously
MOVED, that USNY accept assignment of the one-third undivided interest in U.S. Patent No. 6,194,194 B1 and Canadian Patent No. 2,225,436 owned by a co-owner, in return for a share of net revenues received by USNY pursuant to the commercialization License Agreement.
Motion by: Chancellor Merryl H. Tisch
Seconded by: Regent James C. Dawson
Action: Motion carried unanimously
MOVED, the Theresa Savo as Fiscal Agent for the Board of Regents of USNY is authorized on behalf of USNY to enter into any agreements or contracts required to effect the License Agreement and the Assignment.
Motion by: Chancellor Merryl H. Tisch
Seconded by: Regent James C. Dawson
Action: Motion carried unanimously
Proposed Amendment of Section 175.5(f) of the Commissioner’s Regulations, Relating to the Use of Superintendents’ Conference Days
BR (CA) 1
MOVED, that subdivision (f) of section 175.5 of the Regulations of the Commissioner of Education relating to the use of Superintendents’ conference days be amended, effective July 16, 2009.
Motion by: Regent James R. Tallon, Jr.
Seconded by: Regent Anthony S. Bottar
Action: Motion carried unanimously
Petition of the Elmira City School District for Consent to Exceed the Constitutional Debt Limit
BR (CA) 2
MOVED, that the Board of Regents give consent to the issuance of bonds and/or bond anticipation notes by the Board of Education of the Elmira City School District in an amount not to exceed $835,000 for the acquisition of school buses, vans and station wagons and the issuance of such bonds and/or bond anticipation notes in excess of the constitutional debt limit of said school district.
Motion by: Regent James R. Tallon, Jr.
Seconded by: Regent Anthony S. Bottar
Action: Motion carried unanimously
Petition of the Utica City School District for Consent to Exceed the Constitutional Debt Limit
BR (CA) 3
MOVED, that the Board of Regents give consent to the issuance of bonds and/or bond anticipation notes by the Board of Education of the Utica City School District in an amount not to exceed $187,600,000 for capital improvements consisting of additions to, and reconstruction of school buildings, grounds and facilities throughout the district and the issuance of such bonds and/or bond anticipation notes in excess of the constitutional debt limit of said school district.
Motion by: Regent James R. Tallon, Jr.
Seconded by: Regent Anthony S. Bottar
Action: Motion carried unanimously
Reappointments to the State Professional Standards and Practices Board for Teaching
BR (CA) 4
MOVED, that the Board of Regents approve the following reappointments to the State Professional Standards and Practices Board for Teaching: Catalina R. Fortino (teacher member), Rosemary B. Harrigan (teacher member), Susan W. Mittler (teacher member), and Stephen J. Uebbing (higher education member) and that each be appointed to a four-year term beginning July 1, 2009 and ending June 30, 2013; and that Catalina R. Fortino (teacher member) be appointed to a two-year term as co-chair beginning July 1, 2009 and ending June 30, 2011.
Motion by: Regent Anthony S. Bottar
Seconded by: Vice Chancellor Milton L. Cofield
Action: Motion carried unanimously
New York School of Interior Design (NYSID): Master Plan Amendment to Award the Bachelor of Arts (B.A.) Degree in the History of the Interior and the Decorative Arts
BR (CA) 5
MOVED, that the Board of Regents authorize New York School of Interior Design (NYSID) to offer the History of the Interior and the Decorative Arts program leading to a Bachelor of Arts (B.A.) degree.
Motion by: Regent Anthony S. Bottar
Seconded by: Vice Chancellor Milton L. Cofield
Action: Motion carried unanimously
Proposed Amendment to the Regulations of the Commissioner of Education Relating to the Federal Regulations that Implement the 2004 Reauthorization of the Individuals with Disabilities Education Act and Chapter 323 of the New York State Laws of 2008
BR (CA) 6
MOVED, that the Board approve the adoption of the proposed amendments of sections 200.1, 200.2, 200.4, 200.5, 200.6, 200.9 and 200.15 of the Regulations of the Commissioner of Education, effective July 16, 2009, to conform the regulations to recent amendments to federal regulations (34 CFR Part 300) and to Chapter 323 of the Laws of 2008; and to make certain technical amendments."
Motion by: Regent Roger Tilles
Seconded by: Regent James R. Tallon, Jr.
Action: Motion carried unanimously
Emergency Amendment of Regents Rule 3.27 relating to Museum Collections Management Policies
BR (CA) 7
MOVED, that paragraph (7) of subdivision (a) and paragraphs (6) and (7) of subdivision (c) of section 3.27 of the Rules of the Board of Regents be amended, as submitted, effective July 17, 2009, as an emergency action to expire and be deemed repealed September 14, 2009, upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare in order to protect the public’s interest in collections held by a museum or historical society by enumerating the specific criteria under which an institution may deaccession an item or material in its collection, remove the option allowing an institution to designate a structure as a collections item but keep intact any such designation made by vote of a board of trustees prior to December 19, 2008, and specify that no proceeds from deaccessioning may be used for capital expenses, except to preserve, protect or care for an historic building previously designated as part of the institution’s collection, as above.
Motion by: Regent James C. Dawson
Seconded by: Regent James R. Tallon, Jr.
Action: Motion carried unanimously
Proposed Amendment of the Regulations of the Commissioner of Education relating to Supplementary Certificates and Supplementary Bilingual Education Extensions for Certificates in the Classroom Teaching Service and Pupil Personnel Service
BR (CA) 8
MOVED, that sections 80-2.9, 80-4.3 and 80-5.18 of the Regulations of the Commissioner of Education relating to Supplementary Certificates and Supplementary Bilingual Education Extensions for Certificates in the Classroom Teaching Service and Pupil Personnel Service be amended, effective July 16, 2009.
Motion by: Regent James R. Tallon, Jr.
Seconded by: Regent Anthony S. Bottar
Action: Motion carried unanimously
Proposed Amendment of the Regulations of the Commissioner of Education relating to the Processing of and Requirements for Teachers’ Certificates
BR (CA) 9
MOVED, that sections 80-1.2, 80-1.6, 80-1.8 and 80-5.9 of the Regulations of the Commissioner of Education relating to the Processing of and Requirements for Teachers’ Certificates be amended, effective July 16, 2009.
Motion by: Regent James R. Tallon
Seconded by: Regent Anthony S. Bottar
Action: Motion carried unanimously
Report of the Committee on the Professions Regarding Licensing Petitions
BR (CA) 10
MOVED, that the Board of Regents approve the recommendations of the Committee on the Professions regarding licensing petitions.
Motion by: Regent Anthony S. Bottar
Seconded by: Vice Chancellor Milton L. Cofield
Action: Motion carried unanimously
Appointments and Reappointments of Members to the State Boards for the Professions and a Reappointment of an Extended Member to the State Boards for the Professions for Service on Licensure Disciplinary and/or Licensure Restoration and Moral Character Panels
BR (CA) 11
MOVED, that the Board of Regents approve the appointments and reappointments of members to the State boards for the professions.
Motion by: Regent Anthony S. Bottar
Seconded by: Vice Chancellor Milton L. Cofield
Action: Motion carried unanimously
Appointment of Dr. Kimberly Gilmore to the Board of the Archives Partnership Trust
BR (CA) 12
MOVED, that the Board approve the appointment of Dr. Kimberly Gilmore to the Board of the Archives Partnership Trust filling the Regents vacancy created by the resignation of Bernard Conners. Dr. Gilmore will complete the balance of Mr. Conners’ term ending on December 15, 2011.
Motion by: Regent James C. Dawson
Seconded by: Regent Roger Tilles
Action: Motion carried unanimously
INFORMATION ITEM
Commissioner’s Summary
Oral
Commissioner Richard P. Mills summarized the meeting, including among other topics: the strong graduation rate theme; the strategic use of joint meetings; strengthening significance of diplomas; critical importance of Race to the Top funds and activities; etc. Commissioner Mills concluded his last meeting summary with words of appreciation for the Board for the professional experience of a lifetime.
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 James C. Dawson
Action: Motion carried unanimously
Full Board adjourned at 11:50 a.m.
AUDITS
Regent Geraldine Chapey, Chair of the Regents Subcommittee on Audits submitted the following report.