Advisory Council Meeting Minutes of June 16, 2009 - acces

Minutes of the New York State Proprietary School Advisory Council Meeting
June 16, 2009
Hosted by: Cactus Academy
Submitted by: Monica Borden
Present:
Mike Hatten, Chair
Vincent Ferrara, Member
Rabbi Yerachmiel Barash, Member
James Devaney, Member
Anthony Casale, Member
Carole Yates (BPSS), Ex-officio Member
Jorge Montalvo for Lisa Harris (CPB), Ex-officio Member
Matthew Downey (HESC), Ex-officio Member
Joseph Frey, Associate Commissioner, Office of Higher Education
Absent:
Dennis Buckley (OSC), Ex-officio Member
Guest Speakers:
Donna Mae DePola, Resource Training Center
Mike Hatten called the meeting to order at 11:15 AM. 4 out of 5 voting members were present,
which constituted a quorum for voting purposes.
Minutes from the March 25, 2009 meeting were reviewed and Mike Hatten requested an
amendment to the information regarding the open positions on the Advisory Council. Open
appointments should read as follows: 2 appointments from the Temporary President of the
Senate, 1 appointment from the Senate Minority Leader, 1 appointment from the Assembly
Speaker, and 1 appointment from the Governor.
There were no open items from the past meeting.
Carole Yates gave the BPSS update:
BPSS recently completed the Spring 2009 offering of the Directors’ Course. She
recognized Samantha Brand and Donna Mae DePola as recent graduates of the Course.
She mentioned that due to budgetary/travel constraints, the BPSS Albany office was
required to offer the complete course, with the exception of the Investigative portion.
BPSS is offering two Refresher Directors’ Courses, scheduled for 8/31-9/1 and 9/16-
9/17. All directors who have taken the regular Directors’ Course, are eligible to attend.
There is also expected to be room for a limited number of guests, so directors are
encouraged to register ASAP.
Carole Yates and Thomas Reimer are working with Dept. of Health, which is creating a
state Home Health Aide registry, which will register all students that completed an
approved program. While BPSS is not optimistic that it will alleviate the problem of

schools that sell certificates or are involved in other fraudulent activities, it is a step in the
right direction.
Carole discussed the recent second arrest of a former allied health school director, who
after his first arrest and school closure, was arrested again for violations at his home
health aide agency.
NYC Dept. of Small Business Services recently sent a letter to a particular group of
schools, which have applied for WIA grants with unlicensed programs, either being
taught at licensed or schools that claim exemption. Many of these are schools that offer
Security Guard courses, approved by the NYS Dept. of Criminal Justice Services. Many
of these schools are also offering courses not approved by DCJS and have been obtaining
WIA money for those courses, based upon the DCJS exemption. BPSS has received a
number of complaints regarding this requirement. These schools are being told to get
licensed or lose funding for the unapproved programs – BPSS considers this another step
in the right direction.
BPSS recently sent a letter to a group of yoga Teacher Training schools, which we
recently became aware of. These programs are vocational in nature, as they prepare
people to become teachers. These schools are required to be licensed in most of the other
U.S. states, as well, but have been operating below the radar. While BPSS understands
that they do not fit the normal idea of a proprietary school in many ways, they are
enrolling students, collecting tuition, and offering training. They do not currently meet
any exemption in the Education Law, but an organization recently submitted legislation
that would exempt them from licensure. Until/unless that legislation passes, the schools
have to meet BPSS requirements.
The state employees’ unions have come to an agreement with the governor, which
includes a $20,000 retirement bonus and an additional tier in the retirement system. As
such, there will be no scheduled layoffs.
The BPSS bill has been sponsored by Assemblyperson Glick, but will not make to the
floor until next session.
Another bill was presented to the legislature, which would allow non-degree proprietary
schools to offer LPN programs. SED does not believe that this bill is necessary because
non-degree schools already have the opportunity to apply to the Office of the Professions
for approval of this program.
A third bill was presented to the legislature, and is causing major concerns in the
proprietary school industry. One school found sponsors in both the Assembly and
Senate, to introduce a bill which would require all appearance enhancement professionals
to take an infection control course, in addition the current pre-licensing programs, before
receiving licenses in the fields of cosmetology, esthetics, nail specialty, natural
hairstyling, and waxing. These professionals would also be required to take this course
every two years, upon renewing their licenses. The bill will also require all appearance
enhancement schools (whether offering this course or not) to be assessed 3%-6% of their
gross tuition annually by Dept. of State, to be put into the state general fund (BPSS
assesses ½ of 1% of a school’s GTI, which operates a complete Bureau). BPSS and
Department of State believe that this bill is unnecessary and monopolistic, since prelicensing
programs already offer the required course, every two years seems overly
burdensome to the professionals, and the way it is written, one school will be the
financial beneficiary. BPSS has made its objections known to the Assembly, however

due to the Senate’s current situation, it has been difficult to reach out to them. BPSS will
continue to work on this, by requesting that the Governor veto it, if it makes it that far.
There was no current update on the possibility of obtaining a new computer system.
Mike Hatten discussed the current status on Council appointments. He does not foresee any
Senate appointment soon. He suggested that interested people contact a member of the assembly
and request appointment by the Speaker. The Speaker may issue a letter of nomination. The
governor appointment of a student advocate should be easier to fill. Mike encouraged anyone
interested to submit a resume to his attention.
Mike also discussed the role of the Advisory Council, which was established in 1990. Their role
is to enter into formal and informal discussions with SED regarding issues of importance to the
field. At that point, he asked if any of the Council members had issues that they wanted to bring
to the attention of BPSS and vice versa.
Vincent Ferrara mentioned that he is happy with his school’s new field person, Betty
Zhou. Vincent stated that she is both pleasant and competent.
Joe Frey stated that it is always important for state agencies to address issues as they
arise. Issues are constantly changing, and BPSS main focus in working with schools is to
find out the difference between schools that are simply making mistakes vs. schools that
are acting in a fraudulent manner. It is a balancing act – between offering assistance and
invoking discipline. BPSS attempts to be fair, but will never reduce its role in public
protection.
Carole Yates stated that she still uses the same guidance that she received from Joe when
he was Bureau Chief and she was a field person.
James Devaney asked Joe if BPSS and the schools have buried the past animosity. Joe
stated that he believes it has changed, however now the federal government is taking
more of an interest in the for-profit sector, and is watching the schools more closely. Joe
asked the school associations – NYS Beauty School Association, Coalition of NYS
Career Schools, NY English Schools Association, and the Advisory Council – to work
together to push their schools to stay in compliance. He encouraged schools to shop
themselves and find violations that the administration may not be aware of.
Mike Hatten brought up the subject of due process. He said that it was brought to his attention
that some schools believe that BPSS is not giving due process at the time of school license
renewals.
Joe Frey responded that his first question to staff when issues are found that warrant action, is
“Why?” Why did it happen - Was it fraud? Are there health and safety issues? Are students in
jeopardy? If not, then BPSS’ first goal is to come to terms. However, if the issues involve fraud,
health and safety, or students are put in jeopardy, there may be no way that we can allow
programs to continue. In the case of some allied health programs, Department of Health has a
say in whether a program can continue or not, in light of violations.
Carole Yates mentioned an example of a major allied health violation – unlicensed instructors or
using unqualified instructors, such as those who are required to hold an RN for both classroom

instruction and in the externship sites. This is a federal requirement. If this is found, we are
required to alert both DOH and the Attorney General.
Carole agreed with Joe regarding technical vs. harmful violations, and added that the last thing
BPSS wants to do is to take away a license. There is too much at stake for school owners and
students. She also mentioned a recent situation where BPSS worked with a school that abruptly
closed, to ensure that students received refunds and records. When Connecticut School of
Broadcasting closed, it was padlocked with no warning to staff or students, in the middle of the
night. BPSS staff was able to contact the owner in Florida, as well as the local director, and
conducted meetings at the school, to obtain what students needed. A new owner has applied to
reopen it as a new school, and BPSS Licensing, Education, and Curriculum Unit staff are
working to expedite this process, so that students whose education was interrupted, can complete
their program and graduate students can still access the studio, which is important for them to
use to upgrade their portfolios.
Anthony Casale asked about the amount of transparency that is present during a school license
renewal visit.
Carole Yates responded that there are two situations where school license renewals are denied –
Results of a compliance visit/investigation in which serious harmful violations are found, or in
cases where there has been no student activity.
There is an appeals process in place for school license denials, as with all other denials. When a
school license is denied, Monica Borden, School Licensing Supervisor, sends the denial letter.
Schools may appeal the decision to Carole Yates, Director. If Ms. Yates upholds the decision,
schools may then appeal to Joseph Frey, Associate Commissioner for Higher Education, then to
Johanna Duncan-Poitier, Deputy Commissioner, then to the Commissioner. In the past, Article
78’s have been filed against SED, but the courts have upheld the fact that a license denial is not
disciplinary action - it is an administrative action, therefore the decision rests solely with the
agency.
Anthony Casale then asked how transparent the BPSS staff is when conducting a school license
renewal visit.
Carole Yates responded that our visits are both announced and unannounced. Sometimes
multiple visits are required in order to obtain all of the pertinent information/documentation.
However, the school administration is always involved and an exit interview with the director
always takes place. Once the visit is completed, the field person will send the school a follow-up
letter, listing his/her findings. As a result:
The renewal is issued either because everything was fine or the issues were minor,
The school is required to file a Corrective Action Plan if the violations warrant it,
The visit uncovers violations serious enough to involve the Bureau’s attorney and require
a meeting with the school to resolve the issues,
The case is referred to the Investigative and Audit Unit for investigation, or
The field person will recommend denial

In the case of serious issues, student files are followed from enrollment to completion to track
their progress. A denial is not done quickly or taken lightly. Schools are also aware of the fact
that is a possibility – a disapproval has never been a shock to the school.
Anthony Casale asked when the decision is made public.
Carole Yates responded nothing is made public until an action is final. If an investigation is in
process, no information is shared.
It was shared that USDOE is now requiring accrediting agencies to make all final actions public
with an opportunity for a public response.
Mike Hatten mentioned that when this issue was brought to his attention, he did some
investigation on his own and found that from 2000-2008 there were 109 actions taken against
schools. The majority of these resulted in CAPS, and there were 41 Orders to Show Cause or
denials. He did not find any major disciplinary trends based upon final actions. It appeared to
him that BPSS is giving schools the opportunity to respond and there does not appear to be
arbitrary or capricious actions taken.
Carole Yates mentioned that most of the closures we are seeing are schools that are closing due
to financial viability issues.
At that point, Mike Hatten introduced Donna Mae DePola, director of Resource Training Center.
Donna told the audience that she’s been with Resource Training Center for 15 years now. The
school offers an Alchohol and Substance Abuse Counselor Training Program and is now offering
a Case Aide Program, which requires BPSS approval. This program is designed to train students
to work with a counselor in a supporting role. The aides will be trained in working with people
afflicted by addiction and mental health issues, and will focus on ethics and interpersonal skills
and in duties involving computer skills and administrative work for the for-profit industry. It’s a
12 week program and is funded through VESID, Robin Hood, and Tiger. The Case Aide class
has not started yet, but the school has graduated 196 students from its CASAC program.
Mike Hatten asked for issues/comments from the Council:
Vincent Ferrara stated that NYC Department of Small Business Services is now
accepting applications for new programs, and he would like to activate the SBS subcommittee,
to work as a liaison and to report issues back to the Advisory Council. He
will touch base with Monica Borden and Mike Hatten at a later date. Carole Yates
mentioned that BPSS’ relationship ebbs and flows – currently we’re getting a slow
response from them.
Mike Hatten asked if BPSS can require that schools have an e-mail address. Carole
responded that we can’t mandate it, but we will try to create/maintain one.
Mike mentioned that the Coalition of NYS Career Schools will be having their annual
convention at the Danfords in Port Jefferson from November 11-November 13, 2009. All
are encouraged to attend.

At this point, Mike Hatten opened up the floor for comments/questions from the audience:
Anthony Civitano, Executive Director of the New York State Beauty School Association,
thanked BPSS for its assistance in opposing the infection control bill. He stated that the
NYSBSA is planning a massive public information campaign, keying in on the
monopolistic approach to this bill, as well the unfair assessment. The NYSBSA is not
opposed to continuing education, they will support a program that is well thought out, fair
to the licensees, and equitable in its delivery methods – all appearance enhancement
schools should be able to offer the program. He asked if he could count on BPSS, the
Advisory Council, and Coalition to support this effort.
Joseph Frey responded that BPSS cannot publicly join a school association’s efforts, but
will continue to argue against the bill, using the resources available to SED.
Allan Goldberg pledged the support of the Coalition of the New York State Career
Schools.
Mike Hatten offered to draft a letter in opposition to the bill.
Anthony also requested that telephone coverage in the NYC office be addressed – the
phones are not answered on a regular basis, causing schools delays in reaching their
educators and investigators.
Allan Goldberg, President of the Coalition of New York State Career Schools, stated that
the members of the Coalition are anxious about moving its relationship with BPSS
forward. In that vein, they agreed that a major focus of the Convention will be forging
better relationships, and added BPSS to the agenda throughout the entirety of the
Convention. He invited Carole Yates, Monica Borden, and other members of BPSS, who
Carole thinks will be a good addition to the agenda. He hoped that budgetary constraints
will not impede this process, which is why the costs of the conference do not include a
conference fee and are close to the equivalent of the state travel per diem.
Joe Frey asked Allan to give him a description of his needs regarding BPSS’ attendance,
and he will decide if he can obtain approval.
Diane Englehardt, Sanford Brown Institute, complimented Betty Zhou and the assistance
she’s offered. Diane also asked how to get an LPN program approved.
Carole Yates responded to Diane and told her that she needs to seek approval though the
New York State Education Department’s Office of the Professions first, then apply for
approval through BPSS. She can contact Leonard Lapinski, Director of Division of
Comparative Education
Joe Frey stated that BPSS will get a letter out via the website, explaining the process to
all non-degree schools.
Diane then asked if BPSS was aware of the pending bill that would allow non-degree
schools to offer continuing education in Massage Therapy.
Joe Frey responded that he was not aware of that bill.
Mike stated that the next AC meeting will be scheduled for September or October in Albany.
With no additional comments/questions from the Council or audience, the meeting was
adjourned at 1:30 p.m.