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New York Consolidated Laws

N.Y. Education Law § 207 (2026)

Legislative power

✓ current as of May 2026
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§ 207. Legislative power.  Subject and in conformity to the
constitution 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 functions, powers, duties and trusts conferred or charged upon
the university 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
regulate the entire course of religious, doctrinal or theological
instruction 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regents shall be amended, suspended or repealed by a smaller vote than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 education 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.
Notes of Decisions
Cited in 20 cases, 1970–2019 · leading case: Campaign for Fiscal Equity, Inc. v. State, 801 N.E.2d 326 (N.Y. 2003).
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Campaign for Fiscal Equity, Inc. v. State, 801 N.E.2d 326 (N.Y. 2003). · cites it 4× “Statewide, oversight of the public school system is vested in the Regents of the University of the State of New York ( see NY Const, art XI, § 2; Education Law § 207). The State Education Department (SED) and Commissioner of Education supervise and manage the State's public…”
Bd. of Educ. v. Ambach, 517 N.E.2d 509 (N.Y. 1987). “The Commissioner of Education and the Board of Regents are vested with power to manage educational affairs and establish and enforce education policy (NY Const, art V, § 4; art XI, § 2; Education Law §§ 207, 305). The Commissioner is charged with the general supervision of…”
Albert v. Carovano, 851 F.2d 561 (2d Cir. 1988). “Whether state education officials thought they had a duty to regulate campus protest, state law imposed such a duty on them, giving their actions the weight and authority of the state.”
Lee v. Nyquist, 318 F. Supp. 710 (W.D.N.Y. 1970). “See N.Y. Education Law §§ 207 , 310 (McKinney 1969).”
United States v. City of Yonkers, 880 F. Supp. 212 (S.D.N.Y. 1995). “Rather, the Board of Regents has the responsibility of determining State educational policy, N.Y.Educ.L. § 207 (McKinney 1988), and the Commissioner has the responsibility of executing it.”
New York Charter Schs. Ass'n v. DiNapoli, 20 Misc. 3d 235 (N.Y. Sup. Ct. 2008). “The Board of Regents also exercises broad powers, legislative in nature, with respect to the regulation of education institutions, public and private, in New York State (Education Law § 207). Indeed, the audits that the Comptroller seeks to conduct here, which focus on the…”
Orozco Ex. Rel Arroyo v. Sobol, 703 F. Supp. 1113 (S.D.N.Y. 1989). “N.Y.Educ.Law § 207 (McKinney 1988). It was suggested briefly in the papers on these motions that the Board’s individual members are the proper defendants on this claim, but there is insufficient briefing to allow decision on that matter at this time.”
Interfaith Med. Ctr. v. Sabiston, 136 A.D.2d 238 (N.Y. App. Div. 1988). “As an educational component of a licensed profession, medi *240 cal residency programs are within the purview of the Board of Regents and the Commissioner of Education (NY Const, art V, § 4; art XI, § 2; Education Law §§ 207, 6506, 6507). Pursuant to his statutory authority to…”
Ware v. Valley Stream High Sch. Dist., 150 A.D.2d 14 (N.Y. App. Div. 1989). “Pursuant to his statutory authority, and with the approval of the New York State Board of Regents (see, Education Law §§207, 803 [1]), the Commissioner promulgated regulations governing health education instruction pursuant to which *17 schools must provide "instruction…”
Univ. of the State v. Newman, 180 A.D.2d 396 (N.Y. App. Div. 1992). “The Board of Regents, in turn, is a political body appointed by the Legislature (see, Education Law § 202 [1]) and charged with the legislative function concerning the educational system in the State and the determination of its policies (see, Education Law § 207), a fully…”
Adelphi Univ. v. Bd. of Regents, 229 A.D.2d 36 (N.Y. App. Div. 1997). “, to "establish rules for carrying into effect the laws and policies of the [SJtate, relating to education” (Education Law § 207). There can be no dispute that a trustee removal procedure pursuant to Education Law § 226 (4) rightly belongs within the jurisdiction of the Board of…”
Campaign for Fiscal Equity, Inc. v. State, 162 Misc. 2d 493 (N.Y. Sup. Ct. 1994). · cites it 2× “” Subject to the Legislature’s control, the Board of Regents is constitutionally empowered to exercise legislative and policy- *498 making functions with respect to the State’s educational system (NY Const, art XI, § 2; Education Law § 207). Statewide regulations are promulgated…”
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