New York Consolidated Laws

N.Y. Education Law § 2 (2026)

Definitions

✓ current as of May 2026

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§ 2. Definitions. Wherever used in this chapter, the following terms
shall have the respective meanings hereinafter set forth or indicated:
  1. Academy. The term "academy" means an incorporated institution for
instruction in secondary education, and such high schools, academic
departments in union free school districts and similar unincorporated
schools as are admitted by the regents to the university as of academic
grade.
  2. College. The term "college" includes universities and other
institutions for higher education authorized to confer degrees.
  3. University. The term "university" means The University of the State
of New York.
  4. Regents. The term "regents" means board of regents of The
University of the State of New York.
  5. Commissioner. The term "commissioner" means commissioner of
education of the state of New York.
  6. Department. The term "department" means education department of the
state of New York.
  7. Secondary education. The term "secondary education" means
instruction of academic grade, between the elementary grades and the
college or university.
  8. Higher education. The term "higher education" means education in
advance of secondary education, and includes the work of colleges,
universities, professional and technical schools, and educational work
connected with libraries, museums, university and educational extension
courses and similar agencies.
  9. Trustee. The term "trustees," when not used in reference to a
school district, includes directors, managers or other similar members
of the governing board of an educational institution. The terms
"trustee" and "trustees", respectively, when used in reference to a
school district, shall include the plural or singular meaning, as the
case may be, unless otherwise specified.
  10. Parental relation. The term "persons in parental relation" to a
child includes the parents, guardians or other persons, whether one or
more, lawfully having the care, custody or control of such child,
including persons who have been designated pursuant to title fifteen-A
of article five of the general obligations law as persons in parental
relation to the child.
  11. Compulsory school ages. The term "child of compulsory school age"
means any child between six and sixteen years of age lawfully required
to attend upon instruction.
  12. School authorities. The term "school authorities" means the
trustees, or board of education, or corresponding officers, whether one
or more, and by whatever name known, of a city school district, or other
school district however created.
  13. School officer. The term "school officer" means a clerk,
collector, or treasurer of any school district; a trustee; a member of a
board of education or other body in control of the schools by whatever
name known in a union free school district, central school district,
central high school district, or in a city school district; a
superintendent of schools; a district superintendent; a supervisor of
attendance or attendance officer; or other elective or appointive
officer in a school district whose duties generally relate to the
administration of affairs connected with the public school system.
  14. Board of education. The term "board of education" shall include by
whatever name known the governing body charged with the general control,
management and responsibility of the schools of a union free school
district, central school district, central high school district, or of a
city school district.
  15. School year. The term "school year" means the period commencing on
the first day of July in each year and ending on the thirtieth day of
June next following.
  16. City school district. a. The following school districts are hereby
designated and declared to be city school districts: (1) Any school
district coterminous with a city on January first, nineteen hundred
fifty; (2) any school district part of which was without and part of
which was within a city on January first, nineteen hundred fifty, and
which then contained the whole or the greater portion of the children of
the city between birth and eighteen years of age, as shown by the school
census; and (3) any school district wholly within, but not coterminous
with, a city on January first, nineteen hundred fifty, and which then
contained the greater portion of the children of the city between birth
and eighteen years of age, as shown by the school census.
  b. Whenever a city shall be created after January first, nineteen
hundred fifty, that school district shall be and become a city school
district which, on the effective date of the incorporation of such city,
is: (1) coterminous with the city; (2) partly without and partly within
the city and then contains the whole or the greater portion of the
children of the city between birth and eighteen years of age, as shown
by the school census; or (3) wholly within but not coterminous with the
city and then contains the greater portion of the children of the city
between birth and eighteen years of age, as shown by the school census.
  c. The corporate existence of any school district, which, by virtue of
the provisions of this subdivision, shall be and become a city school
district, shall continue, and any such school district thereafter shall
be governed by the provisions of this chapter applicable to city school
districts.
  * 17. State university. The term "state university" means the state
university of New York, as created by article eight of this chapter.
  * NB There are 2 sub 17's
  * 17. City. The term "city" means the city school district of such
city where the context clearly so indicates.
  * NB There are 2 sub 17's
  18. Minor or infant. The term "minor" or "infant" means a person who
has not attained the age of eighteen years.
  19. Expenditures. For purposes of computing aid to public school
districts, boards of cooperative educational services, nonpublic
elementary and secondary schools, public and cooperative library systems
or public and free association libraries pursuant to this chapter or any
other law, such aid shall be computed using state aid worksheets
developed pursuant to regulations of the commissioner, designed to
reflect use of the state comptroller's definition of expenditures to the
extent possible. Such worksheet definitions of expenditures shall be
used notwithstanding the fact that this chapter or other applicable law
may use terms such as cash expenditures, expenses, costs, paid,
payments, or other such terms.
  24. Career education. The term "career education" means organized
educational programs offering a sequence of courses which are directly
related to the preparation of individuals in paid or unpaid employment
in current or emerging occupations requiring other than a baccalaureate
or advanced degrees, and shall include vocational and occupational
education. Such programs shall include competency-based applied learning
which contributes to an individual's academic knowledge, higher-order
reasoning, and problem solving skills, work activities, general
employability skills, and the skills necessary for economic independence
as a productive and contributing member of society. Such term also
includes applied technology education. Except where the intent indicates
otherwise, the terms "vocational education" and "occupational education"
shall mean "career education."

Notes of Decisions

Cited in 43 cases (11 in the last 5 years), 1985–2025 · leading case: Laface v. E. Suffolk Boces, 349 F. Supp. 3d 126 (E.D.N.Y 2018).

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Laface v. E. Suffolk Boces, 349 F. Supp. 3d 126 (E.D.N.Y 2018). “N.Y. Educ. Law § 2 (13). Based upon this definition, Lutz, McSweeney, Diamond, *163 Anderson and Bilka all qualify as "school officers.”

Carlson v. Geneva City Sch. Dist., 679 F. Supp. 2d 355 (W.D.N.Y. 2010). · cites it 2× “Education Law § 2(13)(McKinney 2009). Based upon this definition, it is obvious that Superintendent Young is a school officer.”

Collins v. City of New York, 156 F. Supp. 3d 448 (S.D.N.Y. 2016). “N.Y. Educ. Law § 2 (13); Lawson v. New York City Bd.”

Matter of Baumann & Sons Buses, Inc. v. Ossining Union Free Sch. Dist., 121 A.D.3d 1110 (N.Y. App. Div. 2014). · cites it 2× “; a superintendent of schools; a district superintendent; a supervisor of attendance or attendance officer; or other elective or appointive officer in a school district whose duties generally relate to the administration of affairs connected with the public school system”…”

Benedith v. Malverne Union Free Sch. Dist., 38 F. Supp. 3d 286 (E.D.N.Y 2014). “Education Law § 2(13). “Based upon this definition, it is obvious that Superintendent [Hunderfund] is a school officer.”

A.D. v. Bd. of Educ. of the City Sch. Dist., 690 F. Supp. 2d 193 (S.D.N.Y. 2010). “In New York, the school year is defined by statute as a twelve-month period beginning on July 1 and ending on June 30 the following year, see N.Y. Educ. L. § 2 (15), and IEPs are developed on that annual basis.”

Pratt ex rel. Petranchuk v. Indian River Cent. Sch. Dist., 803 F. Supp. 2d 135 (N.D.N.Y. 2011). “N.Y. Educ. Law § 2 (13). With regard to Plaintiff Pratt’s claims under NYHRL and NYCRL, those individual-capacity claims are asserted against only Defendants Turner, Gray, Henderson, Moore, and Davis — none of whom are “officers” as that term is defined under New York law.”

GB v. New York City Dep't of Educ., 145 F. Supp. 3d 230 (S.D.N.Y. 2015). “See N.Y. Educ. Law § 2 (15). The IDEA does not specify the date by which parents must receive the IEP, but the Second Circuit has held that the DOE fulfills its “legal obligations by providing the IEP before the first day of school.”

Aideyan v. Mount Vernon City Sch. Dist., 2025 NY Slip Op 03787 (N.Y. App. Div. 2025). · cites it 18× “erintendent of schools; a district superintendent; a supervisor of attendance or attendance officer," the paragraph concludes with a general provision stating that any "other elective or appointive officer in a school district whose duties generally relate to the administration…”

Avgerinos v. Palmyra-Macedon Cent. Sch. Dist., 690 F. Supp. 2d 115 (W.D.N.Y. 2010). “Education Law § 2(13) (McKinney 2009). Based upon this definition, it is obvious that Dr.”

Franz v. Bd. of Educ., 112 A.D.2d 934 (N.Y. App. Div. 1985). “Because strict compliance was required, it is irrelevant that petitioner’s process server allegedly relied upon the representations of the secretary and other of respondent’s employees that the secretary was authorized to receive service of process.”

Bd. of Educ. of the Union-Endicott Cent. Sch. Dist. v. New York State Pub. Emp. Relations Bd., 162 L.R.R.M. (BNA) 2828 (N.Y. App. Div. 1998). “Entirely overlooked by PERB is the fact that, within the context of this proceeding, the interests of the School District and of petitioner (statutorily defined as the “governing body charged with the general control, management and responsibility of [its] schools” [Education…”

Show all 43 citing cases →

— N.Y. Education Law § 2(13) — 4 cases

Carlson v. Geneva City Sch. Dist., 679 F. Supp. 2d 355 (W.D.N.Y. 2010). “Education Law § 2(13)(McKinney 2009). Based upon this definition, it is obvious that Superintendent Young is a school officer.”

Avgerinos v. Palmyra-Macedon Cent. Sch. Dist., 690 F. Supp. 2d 115 (W.D.N.Y. 2010). “Education Law § 2(13) (McKinney 2009). Based upon this definition, it is obvious that Dr.”

Aideyan v. Mount Vernon City Sch. Dist., 2025 NY Slip Op 03787 (N.Y. App. Div. 2025). “erintendent of schools; a district superintendent; a supervisor of attendance or attendance officer," the paragraph concludes with a general provision stating that any "other elective or appointive officer in a school district whose duties generally relate to the administration…”

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