The Legislature: Structure & Composition

The New York State Legislature is a bicameral body consisting of the State Senate (upper house) and the State Assembly (lower house), meeting in the State Capitol in Albany. As of 2025, the Democratic Party holds majorities in both houses of the New York State Legislature, which is the highest paid state legislature in the country. Legislative elections are held in November of every even-numbered year, and both Assembly members and Senators serve two-year terms.

The State Senate has 63 members. The Democratic Party has held control of the New York State Senate since 2019. The Senate majority leader is Andrea Stewart-Cousins. As of February 2026, the Democratic Party holds 41 seats and the Republican Party holds 22 seats.

The State Assembly has 150 members. The Assembly has been controlled by the Democratic Party since 1975. Crystal Peoples-Stokes has served as Assembly majority leader since December 2018. After the 2024 elections, the Democratic majority stood at 103–47.

Political control: New York has a Democratic trifecta and Democratic triplex. The Democratic Party controls the offices of governor, secretary of state, attorney general, and both chambers of the state legislature.

Eligibility & session: In order to be a member of either house, one must be a citizen of the United States, a resident of New York for at least five years, 18 years or older, and a resident of the district for at least one year prior to election. In 2025, the Legislature convened on January 8 and adjourned on June 17. In 2026, it is scheduled to convene January 7 and adjourn June 10.

A notable governance change: since January 1, 2025, lawmakers are subject to a limit on outside income set to $35,000, which impacted roughly 26 Assembly members and 12 senators who would have to resign or forfeit outside income to remain in office.

Legislative Year in Review: 2024–2025

The past year-plus of legislative activity in New York was dominated by record education funding, sweeping literacy reform, a landmark smartphone ban, graduation requirements overhaul, and major higher education policy — all driven largely through the budget process under Governor Hochul.

I. Education Funding

FY 2025 Budget (April 2024)

The FY 2025 Budget invested a record $35.9 billion in School Aid, including $24.9 billion in Foundation Aid — the highest level of school funding in state history at the time. Since taking office, Governor Hochul increased School Aid by $6.5 billion over three years. The budget also commissioned a Rockefeller Institute study to examine the Foundation Aid formula and extended mayoral control of New York City schools for two years.

FY 2026 Budget (May 2025)

The FY 2026 Enacted Budget raised total School Aid to $37.6 billion for 2025–26 — again the highest level in state history. Governor Hochul noted that over four years she will have increased School Aid by approximately $8.3 billion (29%), fully funding Foundation Aid for the first time ever.

The Legislature passed the final FY 2026 budget bill on May 8 — nearly 40 days past the April 1 start of the fiscal year, the latest budget in 15 years. Key formula changes included replacing outdated 2000 census poverty data with SAIPE estimates, increasing the ELL weighting from 0.50 to 0.53, and creating a new regional cost index for Westchester County.

II. Literacy & Reading Instruction

"Back to Basics" Legislation (FY 2025 Budget, April 2024)

This was Hochul's signature education policy initiative. The legislation requires that NYSED promulgate instructional best practices in reading instruction grounded in the science of reading, and that school districts adopt those practices. By September 2025, all school districts were required to certify with NYSED that their curriculum, instructional strategies, and teacher professional development align with those best practices. The budget also included $10 million to train 20,000 teachers in these practices through NYSUT's Education and Learning Trust, and expanded SUNY and CUNY microcredentialing programs for teachers focused on the science of reading.

Additional science of reading legislation continues to move in the current session. Bills A78/S7454 (2025–26 session) would go further, requiring evidence-based literacy instruction in Grades K–5 by statute and mandating 35 hours of professional development in evidence-based reading for all pre-K through Grade 5 teachers, with new teacher certification requirements beginning September 2026.

III. Assessment & Graduation Requirements

This is the most consequential assessment-related legislative and regulatory development in New York in years.

Graduation Measures Overhaul — Regents Exam Phaseout

In November 2024, NYSED presented a timeline to end the requirement that students pass Regents exams to earn a diploma, beginning in the 2027–28 school year. Under the plan, students entering 9th grade in 2024–25 and beyond would not be required to pass the exams to graduate, though they will continue to take them under federal law.

In July 2025, the Board of Regents voted to approve a new framework known as the "Portrait of a Graduate," which defines what it will take to earn a diploma after the Regents exams are phased out as a graduation requirement. Students will have multiple pathways to demonstrate proficiency, including internships, capstone projects, community service, credentials, and performance-based assessments.

The full implementation of the new Portrait of a Graduate is scheduled to begin with the 2029 cohort (students entering Grade 9 in 2029–30). The Board of Regents is also moving toward a single diploma system, eliminating the current tiered structure of local, Regents, and Regents with Advanced Designation diplomas.

This shift has significant downstream implications for the assessment vendor landscape, as continued Regents exam administration will be required by federal law but will no longer drive graduation stakes.

IV. Smartphones & Student Technology

Distraction-Free Schools Law (FY 2026 Budget, May 2025)

On May 9, 2025, Governor Hochul signed into law an amendment to the Education Law that restricts the use of smartphones during the school day, making New York the fifth state to enact statewide limitations on cellphone use during school hours and the largest state to do so.

The law prohibits the unsanctioned use of smartphones and other internet-enabled personal devices on school grounds in K–12 schools for the entire school day ("bell to bell"), including classroom time, lunch, and study hall. It provides $13.5 million to help schools purchase storage solutions and required all districts to finalize and publish their distraction-free policy by August 1, 2025. The law applies to all public school districts, charter schools, and BOCES.

V. Universal Free School Meals

The FY 2026 Budget included $340 million for school meals — an 89% year-over-year increase — and requires all school districts, charter schools, and nonpublic schools participating in the national school lunch and breakfast program to provide free breakfast and lunch to all students regardless of family income.

VI. Higher Education & Workforce

NY State Opportunity Promise Scholarship (FY 2026 Budget)

The centerpiece of affordability efforts in 2025, the NY State Opportunity Promise Scholarship covers tuition, fees, books, and supplies for adult learners ages 25–55 with no prior degree attending CUNY and SUNY community colleges. The scholarship is currently restricted to high-demand degree fields.

Dual Enrollment

The FY 2026 Budget included $61 million — a $3 million increase — to support existing dual enrollment programs and encourage new, high-quality partnerships between high schools and colleges statewide, including a new first-in-state dual enrollment policy for high school students.

Looking Ahead: 2026 Session

The 2026 session began January 7 and is scheduled to adjourn June 10. Key education issues to watch include the continued development of the Portrait of a Graduate framework and specific credit and assessment requirements, potential stronger statutory literacy mandates (A78/S7454), Foundation Aid formula evolution in light of the Rockefeller Institute study, and the looming expiration of the Questar/ETS Grades 3–8 assessment contract in November 2026 — which will drive a significant new procurement with implications for the legislature's education committee oversight. Federal education funding uncertainty under the current administration is also likely to draw significant legislative attention.