K-12 Governance Structures: State Profile

K-12 Governance Structures: State Profile - New York

November 2017


Data are collected using publicly available state constitutional language and state statutes. Updated as of Nov. 1, 2017.
 

Governor
What constitutional or statutory duties does the governor have as it relates to education? The executive power shall be vested in the governor.

Every bill which shall have passed the senate and the assembly shall, before it becomes a law, be presented to the governor. If the governor approves, he shall sign it. If not, he shall return it to the house in which it originated. If any bill presented to the governor contains several items of appropriations, the governor may object to one or more of such items while approving the other portions of the bill.
What is the appointment authority provided to the governor in education? N/A
Are the governor’s duties and powers and found in the state constitution? No
Are the governor’s duties and powers and found in the state statute? No
Citation NY Const. Art. 4, § 1
NY Const. Art. 4, § 7
Legislature
What constitutional or statutory powers does the legislature have as it relates to education policy? The legislative power of this state shall be vested in the senate and assembly.

The legislature shall provide for the maintenance and support of a system of free common schools, wherein all children of this state may be educated.

The legislature may provide for the transportation of children to and from any school or institution of learning.
What is the appointment or confirmation authority of the legislature in education? The legislature elects the members of the state board of regents.
Which committees in the legislature have jurisdiction over education issues? House:
Education

Senate:
Education
Subcommittee on New York City Education
Constitutional? Yes
Statutory? Yes
Citations NY Const. Art. 3, § 1
NY Const. Art. 11, § 1
NY Const. Art. 11, § 3
NY Education Law § 202
Chief State School Officer
What are the duties of the chief state officer? The commissioner of education shall have general supervision over all schools and institutions which are subject to provisions relating to education.

He shall have general supervision of industrial schools, trade schools and schools of agriculture, mechanic arts and home making.

He shall also have general supervision over the state teachers colleges and state colleges for teachers.

He shall be an ex officio trustee of Cornell university.

The commissioner must evaluate the effectiveness of all teacher preparation programs in the state, and the timelines and costs of developing or modifying data systems to collect necessary data.

He shall also have and execute such further powers and duties as shall be charged with by the regents.
What constitutional or statutory authority does the chief state school officer have as it relates to education policy? The commissioner of education is the chief executive officer of the state system of education and the board of regents. He shall enforce all general and special laws relating to the educational system of the state and execute all educational policies determined upon by the board.

The commissioner may review teacher certification or qualification and may impose penalties such certificate or license suspension or revocation.

The commissioner of education is authorized and directed to establish and provide for the maintenance and conduct of courses of study or training in state teachers colleges and state colleges for teachers.

The commissioner may approve all contracts relevant to transportation and food services for school districts, provided they meet state requirements for procurement.

The commissioner may coordinate with other state agencies to provide services to students and professional development to teachers and administrators. Such services may include financial literacy programs, health services, or excess food distribution. Professional development may include training on data use for student improvement, creating resources and materials in support of professional growth, and sharing best practices.

The commissioner is authorized to investigate, study and review the state plan for district reorganization. The commissioner may make recommendations based on investigative findings.
How is the chief state school officer selected? The commissioner of education shall be elected by a majority vote of the regents.
Constitutional? No
Statutory? Yes
Citation NY Education Law § 305
NY Education Law § 316
NY Education Law § 314
NY Education Law § 302
State Board of Education
What constitutional or statutory powers and duties does the state board of education have as it relates to education policy? Subject and in conformity to the constitution and laws of the state, the regents shall exercise legislative functions concerning the educational system of the state, determine its educational policies, and, except, as to the judicial functions of the commissioner of education, establish rules for carrying into effect the laws and policies of the state, relating to education, and the functions, powers, duties and trusts conferred or charged upon the university and the education department.
What is the composition of the state board of education? The board of regents consists of membership that shall at all times be four more than the number of the existing judicial districts of the state and shall not be less than 15.

In addition to the elected members of the board of regents, there are two elected officers, a chancellor and a vice-chancellor.
How are members of the state board of education selected? The legislature elects the members of the state board of regents.
Constitutional? Yes
Statutory? Yes
Citation NY Const. Art. 11, § 2
NY Education Law § 207
NY Education Law § 203
Executive-Level Secretary
Does the state have an executive-level secretary? N/A
What other duties does the executive-level secretary have? N/A
Constitutional? N/A
Statutory? N/A
Citation N/A

© 2019 by the Education Commission of the States (ECS). All rights reserved. ECS is the only nationwide, nonpartisan interstate compact devoted to education. 700 Broadway #810, Denver, CO 80203-3442

To request permission to excerpt part of this publication, either in print or electronically, please contact the Education Commission of the States’ Communications Department at 303.299.3609 or askinner@ecs.org.

Your Education Policy Team  www.ecs.org