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1 Academy. The term "academy" means an incorporated institution for instruction in secondary education, and such high schools, academic departments in union schools and similar unincorporated schools as are admitted by the Regents to the University as of academic grades.

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.

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4 Regents. The term "Regents' means Board of Regents of The University of the State of New York.

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5 Commissioner. The term Commissioner' means Commissioner of Education.

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6 School commissioner. The term school commissioner means the local officer provided for in article 14.

7 Secondary education. The term "secondary education" means instruction of academic grades, 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.

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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.

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

11 Compulsory school ages. The term

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The term "child of compulsory means any child between seven and sixteen years of

school age
age lawfully required to attend upon instruction.

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12 School authorities. The term "school authorities trustees, or board of education, or corresponding officers, whether one or more, and by whatever names known, of a city, or school district however created.

13 School officer. The term "school officer" means a clerk, collector, or treasurer of any school district; a trustee or member of a board of education or other body in control of the schools by whatever name known in a union free school district or in a city; a superintendent of schools; a truant officer; a school commissioner; or other elective or appointive officer in a school district or city 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 or of a city.

ARTICLE 2

Education Department

Section 20 Education Department
21 Divisions of Department
22 Assistant Commissioners
23 Other officers and employees
24 Removals and suspensions
25 Joint seal

26 Reports to the Legislature

27 State Education Building

§ 20 Education Department. The Education Department is hereby continued and shall be under the legislative direction of the Regents and the executive direction of the Commissioner of Education, who is made, by section 94 of this act, the chief executive officer of the state system of education and of the Regents. The said 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.

§ 21 Divisions of Department. By concurrent action of the Regents and the Commissioner of Education the Department may

be divided into divisions. By like action new divisions may be created and existing divisions may be consolidated or abolished, and the administrative work of the Department assigned to the several divisions.

§ 22 Assistant Commissioners. The Commissioner of Education shall appoint, subject to the approval of the Regents, such Assistant Commissioners as he shall deem necessary for the proper organization and general classification of the work of the Department, and assign to such Assistant Commissioners the work which shall be under their respective supervision.

23 Other officers and employees. The Commissioner of Education, subject to the approval of the Regents, shall have power, in conformity with their rules, to appoint all other needed officers and employees and fix their titles, duties and salaries.

§ 24 Removals and suspensions. With the approval of the Regents, the Commissioner of Education may, at his pleasure, remove from office any Assistant Commissioner, or other appointive officer or employee; and, when the Regents are not in session, the Commissioner may, during his pleasure, suspend, without salary, any such officer or employee, but not longer than till the adjournment of the succeeding meeting of the Regents.

§ 25 Joint seal. The Regents of the University and the Commissioner of Education shall together adopt, and may modify at any time, a seal, which shall be used in common as the seal of the Education Department and of the University; and copies of all records thereof and of all acts, orders, decrees and decisions made by the Regents or by the Commissioner of Education, and of their official papers, and of the drafts or machine copies of any of the foregoing, may be authenticated under the said seal and shall then be evidence equally with and in like manner as the originals.

§ 26 Reports to the Legislature. The Commissioner of Education shall annually prepare a report of the Education Department, including the University, which shall be transmitted to the Legislature over the signatures of the Chancellor of the University and of the Commissioner of Education. At their pleasure, the Regents or the Commissioner of Education may make other reports and communications to the Legislature. Such portions of their annual or other reports or communications as the Commissioner or the Regents shall desire for such use shall be printed by the state printer as bulletins.

§ 27 State Education Building. After the completion of the State Education Building, it shall be occupied exclusively by the Education Department, including the University, with the State Library, the State Museum, and its other departments, together with such other work with which the Commissioner of Education and the Regents have official relations, as they may, in their discretion, provide for therein; and such building and the offices of such department shall be maintained at state expense.

ARTICLE 3

University of the State of New York

Section 40 Corporate name and objects

41 Regents

42 Officers

43 Meetings and absences

44 Quorum

45 Authority to take testimony

46 Legislative power

47 General examinations, credentials and degrees

48 Academic examinations

49 Admission and fees

50 Registrations

51 Supervision of professions

53 Departments and their government

52 Extension of educational facilities

54 State Museum; how constituted

55 Collections made by the staff

56 Indian collection

57 Institutions in the University

58 Visitation and reports

59 Charters

60 Provisional charters

61 Conditions of incorporation

62 Change of name or charter

63 Liquidation of affairs of educational institutions

64 Dissolution of incorporate academy by stockholders

65 Suspension of operations

66 Prohibitions

67 Unlawful acts in respect to examinations and credentials

68 Powers of trustees of institutions

69 Colleges may construct water-works and sewer systems

70 State scholarships established

71 Scholarship fund of The University of the State of New York 72 Regents to make rules

73 List of candidates, award of scholarship

74 Issuance of scholarship certificate

Section 75 Effect of certificate; payments thereon

76 Revocation of scholarship

77 Limitation as to number of scholarships, courses of study

78 State scholarships for soldiers, sailors, marines and trained nurses 79 Licenses of schools; supervision

§ 40 Corporate name and objects. The corporation created in the year seventeen hundred and eighty-four under the name of the regents of the university of the state of New York, is hereby continued under the name of the university of the state of New York. Its object shall be to encourage and promote education, to visit and inspect its several institutions and departments, to distribute to or expend or administer for them such property and funds as the state may appropriate therefor or as the university may own or hold in trust or otherwise, and to perform such other duties as may be intrusted to it. The said corporation shall have power to take, hold and administer real and personal property and the income thereof in trust for any educational, scientific, historical or other purpose within the jurisdiction of the regents of the university of the state of New York. [Amended by L. 1920, ch. 161, in effect April 10, 1920.]

§ 41 Regents. The University shall be governed and all its corporate powers exercised by a Board of Regents whose members shall at all times be three more than the then existing judicial districts of the State. The Regents now in office and those hereafter elected shall hold, in the order of their election, for such times that the term of one Regent will expire in each year on the first day of April, and his successor shall be chosen in the second week of the preceding February, on or before the fourteenth day of such month. A Regent shall be elected by the Legislature, on joint ballot of the two houses thereof.

All vacancies in such office, either for full or unexpired terms, shall be so filled that there shall always be in the membership of the Board of Regents at least one resident of each of the judicial districts. A vacancy in the office of Regent for other cause than expiration of term of service shall be filled for the unexpired term by an election at the session of the Legislature immediately following such vacancy, unless the Legislature is in session when such vacancy occurs, in which case the vacancy shall be filled by such Legislature. There shall be no "ex officio" members of the Board of Regents. No person shall be at the same time a Regent of the University and a trustee, president, principal or any other officer of an institution belonging to the University. [Amended by L. 1915, ch. 3.]

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