New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 4 - Executive Orders (Mario M. Cuomo) › Section 4.171 - Executive order no. 171: appointing a special commission on educational structure, policies and practices

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, the State Constitution requires New York State to
					 maintain and support a system of free common schools, wherein all the children
					 of this State may be educated (Article XI, Section 1);
WHEREAS, the goal of this system of free common schools is
					 to provide these children with both the basic skills necessary to obtain
					 productive employment and the guidance necessary to become caring,
					 compassionate and tolerant citizens;
WHEREAS, the State of New York provides over eight billion
					 dollars per year to support the delivery of educational services in all of the
					 school districts and boards of cooperative educational services (BOCES) of the
					 State;
WHEREAS, the State has an obligation to determine whether
					 these school districts and BOCES are providing the children of this State with
					 the skills and values which are necessary for them to succeed and
					 prosper;
WHEREAS, the State also has the duty to ensure that this
					 education is provided in the most efficient manner possible, and to institute
					 accountability measures so that the citizens of the State are assured their tax
					 moneys are being used productively;
WHEREAS, in order to ensure that the children and taxpayers
					 of the State receive the services to which they are entitled, there is the need
					 for a review of the management and administration of school districts and
					 BOCES;
WHEREAS, this review is necessary to determine whether all
					 children are being provided with an equal opportunity to learn, and whether
					 school districts and BOCES are providing a quality education to every
					 child;
WHEREAS, there is a demonstrated need to assess whether
					 taxpayer funds are being expended efficiently, to investigate ways in which
					 these funds can be spent more effectively and efficiently, and to establish
					 necessary accountability controls in order to prevent any waste and
					 mismanagement of taxpayer dollars;
WHEREAS, the general management and supervision of all
					 public schools and all of the educational work of the State of New York are
					 under the superintendence and regulation of the State Education Department
					 (Education Law § 101), and the authority of the State Education Department
					 extends to the provision of educational services to individuals and the
					 distribution of State local assistance appropriations for school districts and
					 BOCES;
WHEREAS, the improvement of education, the adoption of
					 performance and efficiency standards, the implementation of accountability
					 measures and the prevention of waste and mismanagement in the school districts
					 and BOCES are dependent upon the development, implementation and enforcement of
					 sound policies and procedures directed to those ends; and
WHEREAS, the establishment of a commission is necessary to
					 facilitate the examination and investigation of the expenditures, management
					 and affairs of school districts and BOCES, and to recommend policies and
					 procedures which should be adopted and implemented to improve education,
					 efficiency and accountability in connection with such expenditures;
NOW, THEREFORE I, Mario M. Cuomo, Governor of the State of
					 New York, by virtue of the authority vested in me by the constitution and laws
					 of the State of New York including section six  of the Executive Law, do hereby
					 establish a Special Commission on Educational Structure, Policies and Practices
					 (the "Commission") and do hereby appoint Douglas A. Dahlgard, Dall W. Forsythe,
					 Thomas R. Frey, Mary B. Goodhue, Hugh G. Petrie, Elizabeth Rohatyn, Isaura
					 Santiago, Donald M. Stewart and H. Patrick Swygert as Special Commissioners to
					 examine and investigate the expenditures, management and affairs of school
					 districts and BOCES and to make recommendations to strengthen and improve
					 practices, procedures and regulatory or statutory provisions related thereto,
					 with the following duties, powers and authorities:
1. The Commission shall examine and
				  investigate the expenditures, management and affairs of school districts and
				  BOCES, including but not limited to:
the manner in which educational services are provided to
					 the children of the State;
the quality of these educational services;
the expenditure of federal, State and local funds by school
					 districts and BOCES for administrative expenses, instructional materials,
					 salaries and other compensation, overhead, or any other purpose;
existing State and local management practices relating to
					 such expenditures, including internal accountability measures, accounting
					 procedures, fiscal controls, reporting requirements, and all other forms of
					 financial oversight;
the manner in which education funds are raised and
					 allocated; and potential structural, programmatic, procedural or policy changes
					 which would improve educational instruction, performance or assessment, or
					 would reduce costs, increase efficiency, improve productivity, reduce waste or
					 eliminate mismanagement.
2.
				  The Commission shall make such recommendations as it shall deem appropriate
				  regarding the expenditures, management and affairs of school districts and
				  BOCES, including but not limited to recommendations relating to:
methods of enhancing the quality of education provided in
					 the State, including through improvements in the instruction of students and
					 the evaluation of student performance;
proposals through which school districts and BOCES can
					 eliminate unnecessary expenditures or programs, or can save money through
					 consolidations, sharing of services, or coordination of programs with other
					 State, federal and local governmental agencies;
improvements in fiscal and accounting procedures, controls
					 and oversight which will assist in the reduction of expenditures or in the
					 prevention of fraud, waste, abuse or mismanagement;
improvements in the manner in which educational funds are
					 raised and allocated; and appropriate regulatory or statutory amendments to
					 improve education, instruction, assessment or performance, or to enhance
					 efficiency or accountability in the provision of educational services.
3. H. Patrick Swygert is hereby
				  designated as Chairperson of the Commission. The Commission shall adopt such
				  internal rules and procedures as it shall deem necessary and appropriate.
4. The Commission shall have the
				  power:
(a) to subpoena and enforce the
				  attendance of witnesses;
(b) to
				  administer oaths and examine witnesses under oath; and
(c) to require the production of any books,
				  papers or records deemed relevant and material.