Pursuant to Education Law §214, the University of the State of New York (USNY), created by the Legislature in 1784, includes all elementary, secondary and postsecondary educational institutions, both public and private, and all libraries, museums, historical societies and other educational institutions in the State which have been incorporated by the Regents or the Legislature or have been admitted to membership by the Regents.

The Board of Regents, both by constitutional provision and by statute, is the governing body of USNY, and the Commissioner of Education is President of USNY and chief executive officer of the Board of Regents.

Incorporation by the Regents or incorporation as a secondary or higher educational institution by special act of the Legislature, or registration of a high school, automatically admit the institution to membership in USNY.  Section 3.32 of the Rules of the Regents provides that secondary schools may be admitted to USNY by vote of the Regents.