What's happening
This bill proposes a constitutional amendment to guarantee free, quality education in New York from prekindergarten through undergraduate or certification programs.
Why it matters
Expanding the constitutional right to education to include prekindergarten through undergraduate or certification programs means that education access would be protected at all these levels, not just through K-12. This could set a legal standard that prevents future lawmakers from reducing funding or access to early childhood or postsecondary education.
Guaranteeing “quality” as well as “free” education could require the state to actively address disparities in educational outcomes and resources. This may lead to increased investments, oversight, and interventions in areas where schools or colleges are underperforming.
By specifying “pupils” rather than “children,” the amendment broadens who is covered, ensuring that adult learners or nontraditional students seeking certification or degree programs are also guaranteed access. This could be especially significant for workforce retraining and lifelong learning.
Embedding these commitments in the state constitution could make it much harder to roll back or underfund educational programs in the future, as any such moves could be challenged as unconstitutional. This adds a layer of legal protection for educational rights beyond ordinary legislation.
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Who cares
Headline styles
Free School Through College
Plain English, a few words. Used as the page title.
Sponsors
History
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to judiciary
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to judiciary
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1117
2025-2026 Regular Sessions
IN SENATE
January 8, 2025
Introduced by Sens. GOUNARDES, BRISPORT, BROUK, COONEY, HOYLMAN-SIGAL, JACKSON, MYRIE, RAMOS, SALAZAR, SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to the Constitution, in relation to education of pupils through undergraduate
Section 1. Resolved (if the Assembly concur), That section 1 of article 11 of the constitution be amended to read as follows:
Section 1. The legislature shall provide for the maintenance and support of a system of free [common schools] and quality education from prekindergarten through the undergraduate degrees or certification programs offered in post secondary schools, wherein all [the children] pupils of this state may be educated.
§ 2. Resolved (if the Assembly 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.
LBD89032-01-5
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 an amendment to the Constitution, in relation to education of pupils through under- graduate
Purpose or general idea of bill
This amendment would require New York to provide free, quality education from prekindergarten through postsecondary school.
Summary of provisions
Section one of this amendment amends section one of article eleven of the Constitution by adding a requirement of the state to provide quali- ty, free public education for prekindergarten through college.
Section two states 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 three months previ- ous to the time of such election.
Existing law
The Constitution does not currently require public education to be qual- ity nor does it include postsecondary education in its definition of free, common schools in the state.
Justification
The U.S. needs a public education system for the 21st century that goes beyond our outdated concept of K-12 education and redefines our commit- ment to education to include both early childhood development and post- secondary schooling. New York should become the first state in the coun- try to constitutionally guarantee free, quality public education from pre-K through college.
We know the kind of basic, quality public education students need to compete and succeed in the future, but New York is not currently commit- ted to providing it to them. Strides have been made to make pre-K and postsecondary education more accessible to all New Yorkers including through universal pre-kindergarten (UPK) and the Excelsior Scholarship, the latter of which is a program that allows students to attend state university and city university colleges tuition-free if they attend full-time and meet certain income requirements - but these programs by themselves are insufficient. Even with UPK and Excelsior, millions of young New Yorkers are left behind, such as students whose families don't meet income requirements or who are unable to attend school full-time. Outside of New York City, just 25-30 percent of families have access to full-day pre-k, according to an estimate from The Alliance for Quality Education.
Although postsecondary education is necessary for students to have their best chance at future success, the costs of college makes it inaccessi- ble for many. In order to succeed in the 21st century job market, most students will need some postsecondary education. Current projections indicate that 3.5 million jobs in New York state will require an associ- ate's degree or higher by 2024.
New York should set an example for the country by adopting a constitu- tional amendment guaranteeing pre-K and college education for all, so that every child has the opportunity to reach their full potential.
Prior legislative history
2024: S56 - Opinion Referred to Judiciary
2023: S56 - Opinion Referred to Judiciary
2022: S1079 - Opinion Referred to Judiciary
2021: S1079 - Referred to Judiciary
2020: S5255 - Opinion Referred to Judiciary
2019: S5255 - Opinion Referred to Judiciary
Fiscal implications
To be determined.
Effective date
This act shall 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 Consti- tution, be published for three 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.