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THE STATE UNIVERSITY OF NY BOARD OF TRUSTEES’ CHARTER SCHOOL COMMITTEE DID NOT HAVE THE AUTHORITY TO CHANGE THE TEACHER CERTIFICATION REQUIREMENTS FOR TEACHERS IN CHARTER SCHOOLS (THIRD DEPT).

The Third Department, after finding the petitioners in one of the two actions had the capacity to sue and standing, determined the State University of New York Board of Trustees’ Charter School Committee (the Committee) did not have the authority to promulgate regulations changing the teacher certification requirements for teachers in certain charter schools:

… [I]t is a basic principle of administrative law that an agency has only “those powers expressly conferred by its authorizing statute, as well as those required by necessary implication” … . Education Law § 355 (2-a) authorizes the Committee, “[n]otwithstanding any other provision of law, rule, or regulation to the contrary, . . . to promulgate regulations with respect to governance, structure and operations of [SUNY-authorized] charter schools.” Respondents assert that the regulations fall within this statutory authorization because teacher licensure pertains to the “operation” of SUNY-authorized charter schools. In analyzing this claim, we need not defer to the Committee’s interpretation of the Education Law, as “the question is one of pure statutory reading and analysis, dependent only on accurate apprehension of legislative intent” … . * * *

We … conclude that the inclusion of the word “operation” in Education Law § 355 (2-a) does not authorize the Committee to promulgate regulations pertaining to teacher licensure and certification. We further find that the regulations conflict with provisions of the Education Law that authorize the Commissioner to prescribe regulations governing the certification of teachers and that require most teachers in charter schools and pre-kindergartens to be certified in the same manner as other public school teachers … . The Committee therefore exceeded its authority in promulgating the regulations … . Matter of New York State Bd. of Regents v State Univ. of N.Y., 2019 NY Slip Op 07458, Third Dept 10-17-19

 

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