Senate Bill S2122

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2122

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 11, 2009
                               ___________

Introduced  by  Sens.  GOLDEN,  LANZA,  SALAND -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Educa-
  tion

AN  ACT  to  amend  the  education  law, in relation to transferring the
  authority to appoint the commissioner of education from the  board  of
  regents to the governor

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 101 of the education law  is  amended  to  read  as
follows:
  S 101. Education  department;  regents of the university.  There shall
continue to be in the state government an  education  department.    The
department is charged with the general management and supervision of all
public  schools  and all of the educational work of the state, including
the operations of The University of the State of New York and the  exer-
cise of all the functions of the education department, of The University
of  the  State  of New York, of the regents of the university and of the
commissioner of education and the performance of all  their  powers  and
duties,  which  were  transferred to the education department by section
three hundred twelve of the state departments law  or  shall  have  been
prescribed by law before March sixteenth, nineteen hundred twenty-seven,
whether  in terms vested in such department or university or in any sub-
department, division or bureau thereof or in such commissioner, board or
officer, and such functions, powers and  duties  shall  continue  to  be
vested  in  the education department continued by this chapter and shall
continue to be exercised and performed therein by or through the  appro-
priate  officer,  sub-department,  division  or bureau thereof, together
with such functions, powers and duties as hereafter may be conferred  or
imposed  upon  such department by law.  All the provisions of this chap-
ter, in so far as they are not inconsistent with the provisions of  this
chapter  as hereby amended or may be made applicable, shall apply to the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07680-01-9
              

S. 2122                             2

education department continued by this chapter as hereby amended and  to
The  University  of  the  State of New York, the board of regents of the
university, the commissioner of education and to the divisions,  bureaus
and  officers  in  such  department.    The head of the department shall
continue to be the regents of The University of the State of New  York[,
who  shall  appoint,  and  at  pleasure  may remove, the commissioner of
education].  The commissioner SHALL BE APPOINTED BY THE GOVERNOR, BY AND
WITH THE ADVICE AND  CONSENT  OF  THE  SENATE.  THE  COMMISSIONER  shall
continue  to be the chief administrative officer of the department.  The
[regents] GOVERNOR also may appoint and, at pleasure,  remove  a  deputy
commissioner  of education, who shall perform such duties as the regents
may assign to him OR HER by rule and who, in the absence  or  disability
of  the  commissioner  or when a vacancy exists in the office of commis-
sioner, shall exercise and perform  the  functions,  powers  and  duties
conferred  or  imposed on the commissioner by this chapter.  The regents
of The University of the State of New York shall continue to  constitute
a board and The University of the State of New York, which was continued
under  such  name  by section two of article eleven of the constitution,
shall continue to be governed and all its corporate powers to  be  exer-
cised by such board.
  S 2. Section 302 of the education law is amended to read as follows:
  S 302. How chosen.  The commissioner of education shall be [elected by
a  majority  vote of the regents] APPOINTED BY THE GOVERNOR, BY AND WITH
THE ADVICE AND CONSENT OF THE SENATE.   Residence without the  state  of
New York shall not disqualify him from election.
  S 3. Section 303 of the education law is amended to read as follows:
  S 303. Term  of  office.    The  commissioner of education shall serve
during the pleasure of the [board of regents] GOVERNOR.
  S 4. This act shall take effect immediately upon the adoption  by  the
people of a concurrent resolution entitled "CONCURRENT RESOLUTION OF THE
SENATE  AND ASSEMBLY proposing an amendment to section 4 of article 5 of
the constitution, in relation to the appointment of the commissioner  of
education".