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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: |Kathy A. Ahearn |

|SUBJECT: |Charter Applications for March 2009 |

|DATE: |February 27, 2009 |

|STRATEGIC GOAL: |Goal 2 |

|AUTHORIZATION(S): | |

Summary

Issue for Decision

Approval of charter applications.

Reason(s) for Consideration

Required by State Statute (Education Law section 216).

Proposed Handling

Discussion and approval in accordance with the respective recommendations contained in the attached summaries of charter applications.

Procedural History

N/A

Background Information

Summary recommendations have been prepared for a total of 10 charter actions.

Recommendation

It is recommended that the Regents approve each application in accordance with the recommendations contained in the respective summaries.

Timetable for Implementation

N/A

Regents Meeting March 16-17, 2009

CHARTERS

CULTURAL EDUCATION

ABSOLUTE CHARTER

1. Alfred Box of Books Library, Alfred

AMENDMENT OF CHARTERS

2. The Doll and Toy Museum of New York City, Brooklyn

3. Highland Falls Library, Highland Falls

4. Town of Johnsburg Library, North Creek

l. Cultural Education

ABSOLUTE CHARTER

No. 1

ALFRED BOX OF BOOKS LIBRARY

Alfred, Allegany County

A provisional charter was granted to this corporation by action of the Board of Regents on April 29, 2003 to operate a library. The board of trustees has applied for an absolute charter. The Office of Cultural Education recommends that the provisional charter be made absolute.

AMENDMENT OF CHARTERS

No. 2

THE DOLL AND TOY MUSEUM OF NEW YORK CITY

Brooklyn, Kings County

A provisional charter was granted to this corporation by action of the Board of Regents on July 16, 1999 to operate a museum. The board of trustees has applied for an amendment to the provisional charter to change the corporate name to “The Toy Museum of NY” and, as so amended, be extended. The Office of Cultural Education recommends that the provisional charter be amended accordingly and, as so amended, extended for a period of five 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. 3

HIGHLAND FALLS LIBRARY

Highland Falls, Orange County

An absolute charter in the first instance was granted to this corporation by action of the Board of Regents on December 17, 1896 to operate a library. Such absolute charter was amended by Regents action on May 24, 1979. The board of trustees has applied for an amendment to the absolute charter to change the number of trustees to be not less than five nor more than fifteen and to designate the Commissioner of Education as the agent of the corporation for the purpose of service of process. The Office of Cultural Education recommends that the absolute charter be amended accordingly.

No. 4

TOWN OF JOHNSBURG LIBRARY

North Creek, Warren County

A provisional charter was granted to this corporation by action of the Board of Regents on September 19, 1997 to operate a library. Such provisional charter was made absolute by Regents action on December 13, 2002. The board of trustees has applied for an amendment to the absolute charter to change the number of trustees to be not less than five nor more than eleven and to change the length of the terms of the trustees so that they shall be appointed by the town board for a full term of three years. The Office of Cultural Education recommends that the absolute charter be amended accordingly.

Regents Meeting

March 16-17, 2009

CHARTERS

ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

EXTENSION OF CHARTERS

1. Funshine Nursery School, Red Hook

2. Our Redeemer Lutheran School of Aquebogue, Aquebogue

PROVISIONAL CHARTER

3. The Pope John Paul II Family Academy, Brooklyn

AMENDMENT OF CERTIFICATE OF INCORPORATION

4. The New York State Association of Independent Schools, Lake Placid

ll. ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

EXTENSION OF CHARTERS

No. 1

FUNSHINE NURSERY SCHOOL

Red Hook, Dutchess County

A provisional charter was granted to this corporation by action of the Board of Regents on September 13, 2002 to conduct a nursery school for preschool children; to operate a summer program; and to operate a toddler program. Such provisional charter was extended by Regents action on December 9, 2005. The board of trustees has applied for an extension to the provisional charter. The Office of Nonpublic School Services recommends that the provisional charter be extended for a period of 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. 2

OUR REDEEMER LUTHERAN SCHOOL OF AQUEBOGUE

Aquebogue, Suffolk County

A provisional charter was granted to this corporation by action of the Board of Regents on November 4, 1994 to operate a nursery school for children from three to five years of age, a kindergarten for five-year-olds, a grades one through six elementary school, a before and after school care program for children from five to twelve years of age and a summer day camp for children from three to twelve years of age. Such provisional charter was amended and extended by Regents action on November 11, 2000 and June 22, 2004. The board of trustees has applied for an extension to the provisional charter. The Office of Nonpublic School Services recommends that the provisional charter be extended for a period of 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.

PROVISIONAL CHARTER

No. 3

THE POPE JOHN PAUL II FAMILY ACADEMY

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 grades one through eight elementary school. The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.

AMENDMENT OF CERTIFICATE OF INCORPORATION

No. 4

THE NEW YORK STATE ASSOCIATION OF INDEPENDENT SCHOOLS

Lake Placid, Essex County

A provisional charter was granted to this corporation by action of the Board of Regents on October 25, 1968. Such provisional charter was replaced with a certificate of incorporation by Regents action on February 28, 1974. Such certificate of incorporation was amended by Regents action on July 25, 1980. The board of trustees has applied for an amendment to the certificate of incorporation to change the principal office of the corporation to 12 Jay Street, Schenectady, New York, to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3) and restate the corporate purpose in their entirety as follows: To promote the well-being and public regard for the independent schools of the State of New York and to safeguard the interests of these schools in the matter of legislation and regulation; to foster mutually beneficial relations with The New York State Education Department and other educational agencies; to serve as the New York State member association of the National Association of Independent Schools and to assist member schools in maintaining standards of excellence; to exchange information about new methods and new practices and to encourage activities for the purpose of keeping our education work updated and current; to provide service and leadership to the communities of which we are a part; and to authorize the corporation to evaluate and accredit nursery schools, kindergartens, elementary and secondary schools operating within the State of New York and, as concerns New York corporations with branches in other states and countries, to evaluate and accredit those consistent with the laws, rules and regulations of host states and countries. The Office of Nonpublic Schools Services recommends that certificate of incorporation be amended accordingly.

Regents Meeting

March 16-17, 2009

CHARTERS

HIGHER AND PROFESSIONAL EDUCATION

AMENDMENT OF CHARTER

1. Bard College, Red Hook

APPLICATION FOR REGENTS CONSENT TO FILE A CERTIFICATE OF ASSUMED NAME

2. New York Studio School, New York City

III. HIGHER AND PROFESSIONAL EDUCATION

AMENDMENT OF CHARTER

No. 1

BARD COLLEGE

Red Hook, Dutchess County

This corporation was incorporated pursuant to the provisions of Chapter 89 of the Laws of 1860 under the corporate name “The Trustees of St. Stephen’s College” on March 20, 1860. Such absolute charter was amended pursuant to the provisions of Chapter 125 of the Laws of 1860, Chapter 254 of the Laws of 1861, Chapter 196 of the Laws of 1865, Chapter 773 of the Laws of 1866, Chapter 206 of the Laws of 1920, Chapter 224 of the Laws of 1927, Chapter 316 of the Laws of 1934 and Chapter 669 of the Laws of 1939 and was amended by action of the Board of Regents on March 15, 1935 to change the corporate name to “Bard College” and on April 29, 1966 to restate the charter in its entirety. Such corporation was merged with and absorbed Simon’s Rock Early College, a Massachusetts not-for-profit corporation formed in 1964, pursuant to consent of the Regents granted on August 14, 1984. The absolute charter of such merged corporation was further amended by Regents action on September 14, 1990, May 21, 1993, September 19, 1997, September 13, 2002 and December 12, 2002. The board of trustees has applied for an amendment to the absolute charter to add authority for the corporation to confer the degree of Master of Philosophy (M. Phil.) at its branch campus at 18 West 86th Street, New York, New York. The Office of Higher Education recommends that the absolute charter be amended accordingly.

APPLICATION FOR REGENTS CONSENT TO FILE A CERTIFICATE OF ASSUMED NAME

No. 2

NEW YORK STUDIO SCHOOL

New York City, New York County

A provisional charter was granted to this corporation by action of the Board of Regents on May 20, 2008 to operate a school for the teaching of painting, drawing and sculpture, and all the branches of the plastic and graphic arts; to provide specialist and advanced level art instruction and ancillary community and professional support programming; to promote the public’s knowledge and understanding of art and artists; offer credit-bearing courses leading to the awarding of Master of Fine Arts degree. Such provisional charter was consolidated by Regents action on May 20, 2008 with New York Studio School of Drawing, Painting and Sculpture, Inc. a Not-For-Profit Corporation Law (NPCL). The board of trustees has requested that the Board of Regents consent to the filing of a certificate of assumed name pursuant to General Business Law §130 to authorize the corporation to use the assumed name “New York Studio School of Drawing, Painting and Sculpture”. The Office of Higher Education recommends that the consent of the Board of Regents to the filing of such certificate of assumed name be granted.

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