S T A T E O F N E W Y O R K
________________________________________________________________________
8069
2015-2016 Regular Sessions
I N A S S E M B L Y
June 5, 2015
___________
Introduced by M. of A. MURRAY -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to the legislature's
power over the board of regents
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 207 of the education law is amended to read as
follows:
S 207. Legislative power. 1. Subject and in conformity to the consti-
tution 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 func-
tions, powers, duties and trusts conferred or charged upon the universi-
ty and the [education] department. But no enactment of the regents
shall modify in any degree the freedom of the governing body of any
seminary for the training of priests or clergymen to determine and regu-
late the entire course of religious, doctrinal or theological instruc-
tion to be given in such institution. No rule by which more than a
majority vote shall be required for any specified action by the regents
shall be amended, suspended or repealed by a smaller vote than that
required for action thereunder. Rules or regulations, or amendments or
repeals thereof, adopted or prescribed by the commissioner [of educa-
tion] as provided by law shall not be effective unless and until
approved by the regents, except where authority is conferred by the
regents upon the commissioner [of education] to adopt, prescribe, amend
or repeal such rules or regulations.
2. PROVIDED HOWEVER, PROPOSED AMENDMENTS TO PART ONE HUNDRED
FIFTY-FOUR OF THE REGULATIONS OF THE COMMISSIONER OF EDUCATION, AS
ADOPTED BY THE BOARD OF REGENTS ON SEPTEMBER FIFTEENTH, TWO THOUSAND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09977-01-5
A. 8069 2
FOURTEEN AND ON NOVEMBER SEVENTEENTH, TWO THOUSAND FOURTEEN, SHALL NOT
TAKE EFFECT UNTIL SUCH TIME THAT FEDERAL OR STATE MONEY IS APPROPRIATED
TO COVER ANY AND ALL LOCAL COSTS ASSOCIATED WITH THE IMPLEMENTATION AND
MAINTENANCE OF THIS MANDATE. PROVIDED FURTHER, NO OTHER RULE OR REGU-
LATION EFFECTUATING THE SAME, SHALL BE PROMULGATED BY THE BOARD OF
REGENTS OR THE COMMISSIONER UNTIL SUCH TIME THAT FEDERAL OR STATE MONEY
IS APPROPRIATED TO COVER ANY AND ALL LOCAL COSTS ASSOCIATED WITH THE
IMPLEMENTATION AND MAINTENANCE OF THIS MANDATE.
S 2. This act shall take effect immediately.