§ 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.