The following members were present: Anthony Stanziani, Mike Hatten, Arthur Resso, Cyndi Frieder, Dennis Petersen, Arlene Padone, Vincent Ferrara, Yerachmiel Barash, Bill Merry (for John Austin, HESC), and James Dees (NYC representative for Consumer Protection; Ann Curtin is Albany representative).

The minutes from September 9, 2001 were approved with the recommended changes of Mike Hatten. The minutes from November 28, 2001 were approved.

• The issue of negative placement for high school graduates in New York City who attend proprietary schools was discussed. Students’ success is measured by attendance at two/four-year colleges. There is concern over the lack of representation for proprietary schools. David Brieff and Mike Hatten had discussed this with the supervisor of guidance counselors of the NYC Board of Education. They explained that things are different now. Howard Goldsmith and David Brieff want to make a February presentation for counselors to consider proprietary schools as a viable option for high school students. Arlene Padone suggested they should meet with the supervisor of district superintendents; she will supply the phone number. Dennis Petersen offered for a staff member from DOL to supply statistics regarding proprietary school graduates’ employment possibilities.
• The website should be checked for additions to Policy Guideline 5-1100. A fourth method of curriculum review, regarding Requests for Proposals (RFP), has been added. This is a preliminary method that will be tested when some curricula are submitted using this new method. It may evolve, as changes are necessary.
• Anthony Stanziani asked whether it is too late to send a letter to former Deputy Commissioner Gerald Patton, thanking him for his support of our sector.
• A report to the Legislature from the Advisory Council is due April 1, 2002 as mandated by Section 5010(5) of the Education Law regarding the status of unlicensed schools and the effectiveness of the tuition recovery fund. This was added in 1999 when changes were made in order to increase BPSS revenue, to assess schools that were licensed after the special assessment, and to address the unlicensed school issue. The 3/10 special assessment expires in 2003, and the Legislature needs feedback to see what is needed.

• The Benchmarking/Streamlining Committee met on January 9. An institutional profile was developed for schools that would be willing to put their information on the Bureau’s website. The information would include enrollment, success, and placement rates for the period July 1-June 30. Optional information would include national accreditation, date of initial licensure, student/teacher ratios, average class size, and pass rates of professional examinations. A brief narrative about the school, contained in the school catalog as well, could be included. Reference by cluster is not yet possible.

• Howard Goldsmith updated on Bureau developments. The OEDS mandatory report was sent to schools this week. ORIS (the SED bureau that compiles data) indicated that the report may be sent electronically after February 15. Notice of this will be posted under "Cutting Edge News" on the BPSS website. Deputy Commissioner Gerald Patton has left his position in OHE. The Regents appointed Johanna Duncan-Poitier as Deputy Commissioner of OHE. Howard will invite the new Deputy to a future Advisory Council meeting.
• Howard Goldsmith and Monica Borden met with the Department of Labor on WIA as part of the Bureau’s public information campaign. It is hoped that funding be limited to schools that are licensed. Communication with the local boards is planned to inform them of the importance of licensure.

-Discussion on Regulatory Reform-

• A meeting with BPSS representatives was held with some ESL school directors and Jim Carr, Association of ESL Schools. Monica Borden related that when the regulations were written in 1993, they were not tied as tightly as they should have been with other regulations. A review of the regulations took place to determine what would and would not apply to ESL schools. The regs were cleaned up and rewritten to include ESL where appropriate. Clarification in the areas of catalogs, instructors, and curriculum has been proposed. Sections 126.10(h) – (j) have been omitted. Section 126.18, a new section on alternate licensing, has been written; (a) for distance education schools, (b) for schools currently exempt that choose to be licensed, and (c) ESL schools with specifics on instructors, catalogs, OEDS, and tuition assessment differences. ESL directors will meet the same requirements as licensed private school directors. Administrative forms, Section 126.10(a), will be the same as for other schools. Other areas being considered include teachers, financial statements, and time requirements for maintaining school records.
• Consideration was requested regarding a change of the definition of gross tuition to remove refunds made on federal programs. Gross tuition is not defined in statute. The intent of the Law clearly defines gross tuition, with emphasis on "gross," meaning something before net and clearly before refunds. The affect on the Bureau has to be reviewed. The Bureau’s operation is reflective of the industry. Newly added to the definition is the inclusion of grant funding in gross tuition, as there has been misunderstanding over this. It is a technical clarification of the definition, but not a change.
• Discussion regarding the change on satisfactory academic progress (SAP) compared the old language with the new. The previous regulation cited 85 percent attendance AND SAP. The proposed change would be 80 percent attendance OR SAP. There is agreement that attendance in this sector is critical. The federal requirements are 67 percent. Vincent Ferrara stated that 50 percent of the students who were placed on attendance probation for 67 percent attendance dropped out. Randy Rock, a financial aid consultant, clarified that the feds have a time and one-half rule. Attendance is cumulative, and a mid-point check of the maximum timeframe is required. This suggestion would be a move from completion of program hours to completion of a program. Another suggestion would be consider working with the federal requirements. The importance of keeping the student informed of his/her status was stressed. At the end of the program, the student would have 2.0 GPA and 85 percent attendance. The allowance of mitigating circumstances should not be considered, as there is already provision for a leave of absence. Allowing a student to graduate with a high average but low attendance clearly undermines the theory that students must be in class. Consideration will be given to 70 or 80 percent attendance OR SAP. The bottom line is that students would need to sit for at least 80 percent of the program hours and achieve SAP to be issued a completion certificate or diploma.
• Howard Goldsmith informed the Council that the addition of the credit hour piece to the draft regulations does not have the support of the Deputy Commissioner of Higher Education nor the Regents at this time. The final draft as a result of the Council’s overall Regulatory Reform efforts will be submitted to the Deputy for final review and approval prior to the Regents’ consideration.
• One of the draft regulations would require the retention of all final exams for a period of seven years, which was proposed by the IAU. Schools would be faced with the retention of a huge amount of paper for this. An alternate was suggested in that they would be required to be held for a period of two years, in line with the complaint period. The inability to read electronic records over longer periods was discussed. It is expected that schools maintaining electronic records be responsible in providing electronic access.
• Audience Comments. Michael Paul, Director of So. Bronx Institute of Technology, inquired about the ability to accept work experience in lieu of course work. This cannot be done unless it is part of the curriculum approval. Terry Zaleski, Executive Director, New York State Coalition of Career Schools, appreciated the Bureau’s work on the RFP process. Mr. Zalezki related that their members are concerned about the same issues discussed at the meeting. John Ferdinand of Our Planet Management Institute, formerly of the World Trade Center, expressed their thanks for support from BPSS and colleagues. Jim Carr of the Association of Private Language Centers, appreciated the opportunity for dialogue on ESL issues, and will continue to work with Bureau on teacher qualifications. Randy Rock related that the federal government’s position on electronic storage is that if the school can receive material electronically, they may submit material electronically. Material may be stored electronically but the means to retrieve that material must be available if the auditor requires it. Sylvester Lewis of Branford Hall complimented Howard Goldsmith on his stand on attendance, as proprietary schools offer skill-based training and attendance is critical to success. Mr. Paul also related that attendance is critical.

The next meeting will be held on Tuesday, February 26, at a location to be determined. The actual Council meeting will start at 10:30. This meeting was adjourned at 1:10 p.m.