What's happening
This bill abolishes The Regents of the University of the State of New York and transfers their powers to the commissioner of education, who will be appointed by the governor.
Why it matters
Centralizes educational authority under the governor’s appointee. By removing the Board of Regents and giving their powers directly to the commissioner of education (now a gubernatorial appointee), the bill increases direct executive control over New York’s education policy and administration.
Reduces independence and potential checks on education decisions. The Regents were previously an independent, constitutionally created body, somewhat insulated from political shifts; their removal means education policy may become more susceptible to changes with each new administration.
Streamlines governance but risks politicization. The transfer of powers could make decision-making faster and more unified, but it also raises concerns about state education priorities being driven by political, rather than educational, considerations.
Impacts long-standing institutional tradition. The Regents have existed since 1784 and played a unique role in overseeing both public and private education; abolishing them fundamentally alters New York’s educational governance structure and historical continuity.
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Who cares
Headline styles
End Regents, Empower Commissioner
Plain English, a few words. Used as the page title.
Sponsors
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History
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to judiciary
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7637
IN SENATE
February 1, 2018
Introduced by Sen. DeFRANCISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing amendments to section 4 of article 5, section 4 of article 8 and section 2 of article 11 of the constitution, in relation to abolishing The Regents of the University of the State of New York
Section 1. Resolved (if the Assembly 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 department shall be [The Regents of the University of the State of New York, who shall appoint and at pleasure remove a] the commissioner of education [to be the chief administrative officer of the department], who shall be appointed by the governor with the advice and consent of the senate, and may be removed by and shall serve at the pleasure of the governor. 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 Assembly concur), That paragraph 2 of subdivision (h) of section 4 of article 8 of the constitution be amended to read as follows:
(2) the consent of [The Regents of the University of the State of New York] the commissioner of education and
§ 3. Resolved (if the Assembly concur), That section 2 of article 11 of the constitution be amended to read as follows:
§ 2. The corporation created in the year one thousand seven hundred eighty-four, under the name of The Regents of the University of the State of New York, is hereby [continued under the name of The] abolished, and all the functions and powers possessed by and all of the obligations and duties of such regents are transferred and assigned to, assumed by and devolved upon the commissioner of education, including
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89130-01-8
S. 7637 2
the direction and control of the education department and the University of the State of New York. [It shall be governed and its corporate powers, which may be increased, modified or diminished by the legislature, shall be exercised by not less than nine regents.]
§ 4. Resolved (if the Assembly concur), That the foregoing 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing amendments to section 4 of article 5, section 4 of article 8 and section 2 of article 11 of the constitution, in relation to abolishing The Regents of the University of the State of New York
Purpose or general idea of bill
This bill would abolish the board of regents and transfers the powers and duties to the commissioner of education.
Summary of provisions
Section 1 - Amends section 4 of article 5 of the constitution.
Section 2 - Amends paragraph 2 of subdivision (h) of section 4 of arti- cle 8 of the constitution.
Section 3 - Amends section 2 of article 11 of the constitution.
Section 4 - Effective date.
Justification
The education department of New York State has powers and duties that effect major policies within the educational system of New York State. The Board of Regents is presently the governing body which administers the education department.
For a number of years the policies of the Board of Regents have not been aligned with the values, goals, and objectives of New York's students and their families. Therefore, to make educational policy more account- able to the people, this legislation abolishes the regents and assigns all powers and duties to an education commissioner who is appointed by the Governor and confirmed by the Senate.
Prior legislative history
New bill
Effective date
Resolved ( if the Assembly concur) that the foregoing 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.