N.Y. Education Law § 101: Education department; regents of the university

§ 101. Education department; regents of the university. There shall

continue to be in the state government an education department. The

department is charged with the general management and supervision of all

public schools and all of the educational work of the state, including

the operations of The University of the State of New York and the

exercise of all the functions of the education department, of The

University of the State of New York, of the regents of the university

and of the commissioner of education and the performance of all their

powers and duties, which were transferred to the education department by

section three hundred twelve of the state departments law or shall have

been prescribed by law before March sixteenth, nineteen hundred

twenty-seven, whether in terms vested in such department or university

or in any sub-department, division or bureau thereof or in such

commissioner, board or officer, and such functions, powers and duties

shall continue to be vested in the education department continued by

this chapter and shall continue to be exercised and performed therein by

or through the appropriate officer, sub-department, division or bureau

thereof, together with such functions, powers and duties as hereafter

may be conferred or imposed upon such department by law. All the

provisions of this chapter, in so far as they are not inconsistent with

the provisions of this chapter as hereby amended or may be made

applicable, shall apply to the education department continued by this

chapter as hereby amended and to The University of the State of New

York, the board of regents of the university, the commissioner of

education and to the divisions, bureaus and officers in such department.

The head of the department shall continue to be the regents of The

University of the State of New York, who shall appoint, and at pleasure

may remove, the commissioner of education. The commissioner shall

continue to be the chief administrative officer of the department. The

regents also may appoint and, at pleasure, remove a deputy commissioner

of education, who shall perform such duties as the regents may assign to

him by rule and who, in the absence or disability of the commissioner or

when a vacancy exists in the office of commissioner, shall exercise and

perform the functions, powers and duties conferred or imposed on the

commissioner by this chapter. The regents of The University of the

State of New York shall continue to constitute a board and The

University of the State of New York, which was continued under such name

by section two of article eleven of the constitution, shall continue to

be governed and all its corporate powers to be exercised by such board.