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schools to

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of the

New York

STATE CONSTITUTION, ARTICLE 9 § 1 Common schools. The Legislature shall provide for the Free maintenance and support of a system of free common schools, be mainwherein all the children of this state may be educated.

§ 2 Higher education. The corporation created in the year 1784, University under the name of the Regents of the University of the State of State of New York, is hereby continued under the name of the University perpetuated of the State of New York. It shall be governed and its corporate powers, which may be increased, modified or diminished by the Legislature, shall be exercised, by not less than nine Regents.

$ 3 Educational funds. The capital of the common school fund, Educational the capital of the literature fund, and the capital of the United kept inviolate States deposit fund, shall be respectively preserved inviolate. The revenue of the said common school fund shall be applied to Disposition of the support of common schools; the revenue of the said literature fund shall be applied to the support of academies; and the sum of $25,000 of the revenues of the United States deposit fund shall each year be appropriated to and made part of the capital of the said common school fund.

$ 4 Restrictions of subsidies. Neither the state nor any subdi- State aid to vision thereof, shall use its property or credit or any public teaching money, or authorize or permit either to be used, directly or indi- forbidden rectly, in aid or maintenance, other than for examination or inspection, of any school or institution of learning wholly or in part under the control or direction of any religious denomination, or in which any denominational tenet or doctrine is taught.

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UNIFICATION ACT 1904

Chapter 40 An act to provide that “the University of the State of New York”

shall be governed and its corporate powers exercised by ni Regents, and to provide for their election; and to provide for a Department of Education and the election of a Commissioner

of Education. Became a law Mar. 8, 1904, with the approval of the Governor. Passed,

three fifths being present. The people of the State of New York, represented in Senate and Assembly, do enact as follows:

$ i Government of University. On and after the first day of April, 1904, the corporation designated by the Constitution as “the l'niversity of the State of New York ” shall be governed and its corporate powers exercised by ii Regents. The term of office of the Regents now in office, not selected as herein provided, shall cease and determine on said first day of April following the election of the u Regents hereinafter provided for. There shall be no “ ex officio " members of the Board of Regents.

§ 2 Election of Regents. Within 10 days after the passage of this act the Legislature shall proceed to the election of 11 Regents of the Cniversity of the State of New York, in the manner now prescribed by law for the election of a Regent. Such Regents shall be elected for the term of 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 years respectively, from the first day of April, 1904. The Secretary of State shall issue to each of the persons so elected a certificate of election, in the same manner as certificates are now issued to elected members of the Board of Regents. Such Regents shall be selected from those who are now Regents of the University of the State of New York, and so far as may be, that one shall be chosen from each judicial district. The successors in office for a full term of the Regents thus elected shall in the same manner be elected by the Legislature in the second week of February in each year, to serve for a period of 11 years from the first day of April succeeding such election. If a vacancy in the Board of Regents shall occur in a judicial district, (that is, in the territory comprising the same as now constituted) from which there remains one or more representatives on said Board, and there shall at the same time be a district not represented on the Board by a resident thereof, such vacancy shall be filled by the election of a Regent from such unrepresented district. 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.

§ 3 Commissioner of Education. Within 10 days after the passage of this act, the Legislature shall elect a Commissioner of Education in the same manner as members of the Board of Regents are now elected, who either may or may not be a resident of the State of New York. The Commissioner shall receive an annual salary of $7500, payable monthly, and shall also be paid $1500 in lieu and in full for his traveling and other expenses, also payable monthly. He shall enter upon the performance of the duties of his office on the first day of April, 1904. The Commissioner of Education first elected shall serve for the term of six years unless sooner removed for cause by the Board of Regents, and the. Legislature shall fill any vacancy that may occur during such period of six years for the balance of the term, in the manner provided by section 3 of this act, and all successors in office after such term of six years, shall serve during the pleasure of the Board of Regents, and all vacancies in the office of Commissioner of Education after such six years shall be filled by appointment by the Board of Regents.

$ 4 Powers of Commissioner. The office of Superintendent of Public Instruction and the office of Secretary of the Board of Regents shall be abolished from and after April 1, 1904, and the powers and duties of said offices shall be exercised and performed by the Commissioner of Education. All the powers and duties of the Board of Regents in relation to the supervision of elementary and secondary schools including all schools, except colleges, technical and professional schools, are hereby devolved upon the Commissioner of Education. The said Commissioner of Education shall also act as the executive officer of the Board of Regents. He shall have power to create such departments as in his judgment shall be necessary. He shall also have power to appoint deputies and heads of such departments, subject to the approval of the State Board of Regents. Such heads of departments shall appoint, subject to approval by the Commissioner of Education, such subordinates in their respective departments as in their judgment shall be necessary. The Commissioner of Education, for the

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