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 § 308 (2026)

Other powers

✓ current as of May 2026
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§ 308. Other powers.  The commissioner of education shall also have
power and it shall be his duty to cause to be instituted such
proceedings or processes as may be necessary to properly enforce and
give effect to any provision in this chapter or in any other general or
special law pertaining to the school system of the state or any part
thereof or to any school district or city.  He shall possess the power
and authority to likewise enforce any rule or direction of the regents.
Notes of Decisions
Cited in 4 cases, 1985–2019 · leading case: Michael M. v. Bd. of Educ. of NYC Sch. Dist., 686 F. Supp. 995 (E.D.N.Y 1988).
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Michael M. v. Bd. of Educ. of NYC Sch. Dist., 686 F. Supp. 995 (E.D.N.Y 1988). “See N.Y. Educ.L. § 308 (duty of Commissioner to enforce all education laws and rules of regents).”
Pordum v. State, 112 A.D.2d 717 (N.Y. App. Div. 1985). “Memorandum: We find that the Commissioner of Education had sufficient authority under Education Law §§ 308, 305 (7) to direct the City of Lackawanna Board of Education not to reinstate petitioner until the hearing concerning his fitness to possess a teaching certificate had been…”
New York State United Teachers v. Bd. of Regents of Univ. of State of New York, 33 Misc. 3d 989 (N.Y. Sup. Ct. 2011). · cites it 2× “Respondents counter that the provision is within its authority to enforce the governing regulations, pursuant to Education Law § 308. Respondents further assert “that the identity of the evaluator is a management prerogative and as such is not a mandatory subject of collective…”
Matter of New York State Bd. of Regents v. State Univ. of N.Y., 2019 NY Slip Op 7458 (N.Y. App. Div. 2019). “Further, Education Law § 308 provides that the Commissioner has the power and the duty "to cause to be instituted such proceedings or processes as may be necessary to properly enforce and give effect to any provision in [the Education Law] or in any other general or special law…”
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