N.Y. Laws » CHAPTER Education / TITLE General Provisions Article 1 Short Title and Definitions (§§ / ARTICLE Commissioner of Education
New York Consolidated Laws

N.Y. Education Law § 306 (2026)

Removal of school officers; withholding public money

✓ current as of May 2026
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§ 306. Removal of school officers; withholding public money.  1.
Whenever it shall be proved to his satisfaction that any trustee, member
of a board of education, clerk, collector, treasurer, district
superintendent, superintendent of schools or other school officer is a
member of an organization listed as subversive by the board of regents
pursuant to the provisions of section three thousand twenty-two of this
chapter, or has been guilty of any wilful violation or neglect of duty
under this chapter, or any other act pertaining to common schools or
other educational institution participating in state funds, or wilfully
disobeying any decision, order, rule or regulation of the regents or of
the commissioner of education, said commissioner, after a hearing at
which the school officer shall have the right of representation by
counsel, may, by an order under his hand and seal, which order shall be
recorded in his office, remove such school officer from his office.
  2. Said commissioner of education may also withhold from any district
or city its share of the public money of the state for wilfully
disobeying any provision of law or any decision, order or regulation as
aforesaid.
Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 1993–2025 · leading case: Woods v. Rondout Valley Cent. Sch. Dist. Bd. of Educ., 466 F.3d 232 (2d Cir. 2006).
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Woods v. Rondout Valley Cent. Sch. Dist. Bd. of Educ., 466 F.3d 232 (2d Cir. 2006). “See N.Y. Educ. Law §§ 306 (1), 306(2), 1706; see also Matter of McCall, 34 N.”
Cohn v. New Paltz Cent. Sch. Dist., 363 F. Supp. 2d 421 (N.D.N.Y. 2005). · cites it 2× “See N.Y. Educ. Law §§ 306 , 1706. Similarly, the Commissioner can withhold funds from school districts under certain circumstances.”
Matter of Paladino v. Bd. of Educ. for the City of Buffalo Pub. Sch. Dist., 2020 NY Slip Op 2835 (N.Y. App. Div. 2020). · cites it 2× “Thereafter, the BOE filed an application with respondent Commissioner of Education pursuant to Education Law §§ 306 and 2559, seeking an order directing petitioner's removal from the BOE.”
United States v. City of Yonkers, 880 F. Supp. 212 (S.D.N.Y. 1995). “” N.Y.Educ.L. § 306(1) (McKinney 1988). The Commissioner also has the authority under this provision to withhold state financial aid from an offending *221 school district.”
McKnight v. Hayden, 65 F. Supp. 2d 113 (E.D.N.Y 1999). · cites it 4× “In enacting the Legislation, the Legislature emphasized the emergency nature of the situation in the Roosevelt School District, for which the existing regulations, N.Y. Education Law §§ 306 and 1706, proved inadequate.”
United States v. City of Yonkers, 96 F.3d 600 (2d Cir. 1996). “, N.Y. Educ. Law § 306 (2) (he may withhold state financial aid from any school district for willfully disobeying any law or order); id.”
Aideyan v. Mount Vernon City Sch. Dist., 2025 NY Slip Op 03787 (N.Y. App. Div. 2025). · cites it 2× “These decisions reach this conclusion within the limited context of Education Law § 306, which involves the potential removal of assistant or deputy superintendents by the Commissioner of Education.”
Scro v. Bd. of Educ., 31 Misc. 3d 1029 (N.Y. Sup. Ct. 2011). “nd pay to him all back pay and associated benefits he would have been entitled to had the improper termination not occurred, and it is further ordered, that the respondent Board of Education of the Jordan-Elbridge Central School District is prohibited from taking action against…”
Kirton v. Dickerson, 34 Misc. 3d 595 (N.Y. Sup. Ct. 2011). “(See Education Law §§ 306, 1706; 8 NYCRR 277.2; Education Law § 1709 [18]; § 2109.”
Scro, Anthony v. Bd. of Educ. of Jordan-elbrid, Ge C.S.D. (N.Y. App. Div. 2011). · cites it 2× “Memorandum: Petitioner commenced this CPLR article 78 proceeding alleging that respondents terminated his employment as a school district treasurer in violation of his due process rights and Education Law § 306 (1) and seeking, inter alia, reinstatement to his position with back…”
Scro v. Bd. of Educ. of Jordan-Elbridge Cent. Sch. Dist., 87 A.D.3d 1342 (N.Y. App. Div. 2011). · cites it 2× “Memorandum: Petitioner commenced this CPLR article 78 proceeding alleging that respondents terminated his employment as a school district treasurer in violation of his due process rights and Education Law § 306 (1) and seeking, inter alia, reinstatement to his position with back…”
Bd. of Educ. of Wappingers Cent. Sch. Dist. v. Watkins, 189 A.D.2d 1069 (N.Y. App. Div. 1993). “Inasmuch as the Commissioner has the power to regulate the representation by counsel in the underlying administrative proceeding (see, Education Law § 306 [1]; § 311 [1]; 8 NYCRR 275.”
N.Y. Education Law § 306(1): 1 case
United States v. City of Yonkers, 880 F. Supp. 212 (S.D.N.Y. 1995). “” N.Y.Educ.L. § 306(1) (McKinney 1988). The Commissioner also has the authority under this provision to withhold state financial aid from an offending *221 school district.”
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