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A2838Assembly2017-2018 Session

Governor Picks Education Chief

Official title

“Makes the commissioner of education an office appointed by the governor”

Sponsor Brian KolbAD-131+6 co-sponsorsAffects Legal
Status
In Assembly Committee
Judiciary
Impact
7/10
Significant
Passage
0%

Bill progress

Step 2 of 7

In committee · Judiciary

What's happening

This bill proposes amending the state constitution so the governor, not the Board of Regents, appoints the commissioner of education.

Why it matters

  1. Shifts control over education leadership. By giving the governor, rather than the Board of Regents, the authority to appoint and remove the commissioner of education, this amendment centralizes more power over state education policy within the executive branch.

  2. Increases political accountability. Since the governor is directly elected by voters, the appointment process for the commissioner could become more responsive to public opinion and statewide political priorities, potentially making education policy shifts more closely tied to election outcomes.

  3. Reduces insulation from political influence. The Board of Regents is an independent body often seen as less subject to short-term political pressures. This change could make the commissioner’s role more vulnerable to partisan politics or policy swings based on the governor’s agenda.

  4. Alters the balance of educational governance. This amendment would reshape the traditional relationship between the Board of Regents (historically responsible for long-term educational standards and oversight) and the governor, potentially leading to changes in how education policy is crafted and implemented in New York.

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Who cares

  • Board of Regents

    The proposed constitutional amendment would remove its power to appoint and remove the education commissioner while retaining it as head of the Education Department.

  • Governor

    The governor would gain authority to appoint the education commissioner with Senate consent and remove the commissioner in a manner prescribed by law.

  • State Senate

    Senators would gain an advice-and-consent role in selecting the education commissioner.

  • Education commissioner and Education Department staff

    The commissioner would remain the department’s chief administrative officer but would be appointed and subject to removal by the governor rather than the Regents.

Headline styles

Governor Picks Education Chief

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Brian Kolb

Assembly Member · Assembly District 131

1 Multi-sponsor

History

  1. Held for consideration in education
  2. Opinion referred to judiciary
  3. To attorney-general for opinion
  4. Referred to education
  5. Opinion referred to judiciary
  6. To attorney-general for opinion
  7. Referred to education

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2838

2017-2018 Regular Sessions

IN ASSEMBLY

January 23, 2017

Introduced by M. of A. KOLB, FINCH, HAWLEY, RAIA, MONTESANO, GIGLIO, LOPEZ, BRABENEC -- Multi-Sponsored by -- M. of A. STEC -- read once and referred to the Committee on Education

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to the Constitution, in relation to appointment of the commissioner of education

Section 1. Resolved (if the Senate concur), That section 4 of article 5 of the constitution be amended to read as follows:

§ 4. The head of the department of audit and control shall be the comptroller and of the department of law, the attorney-general. The head of the department of education shall be The Regents of the University of the State of New York[, who shall appoint and at pleasure remove a commissioner of education to be] and the chief administrative officer of the department shall be the commissioner of education, who shall be appointed by the governor by and with the advice and consent of the senate and may be removed by the governor, in a manner to be prescribed by law. The head of the department of agriculture and markets shall be appointed in a manner to be prescribed by law. Except as otherwise provided in this constitution, the heads of all other departments and the members of all boards and commissions, excepting temporary commissions for special purposes, shall be appointed by the governor by and with the advice and consent of the senate and may be removed by the governor, in a manner to be prescribed by law.

§ 2. Resolved (if the Senate concur), That the foregoing amendment be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conformity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD89037-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.