New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 5 - Executive Orders (George E. Pataki) › Section 5.131 - Executive order no. 131: establishing the new york state commission on education reform

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, the education of our children is among the most
					 vital and critical functions of government;
WHEREAS, Article XI, Section 1 of the Constitution requires
					 the State to provide for a system of common schools wherein the children of
					 this State may be educated; and
WHEREAS, on June 26, 2003, the Court of Appeals issued a
					 decision in the case of Campaign for Fiscal Equity v. State of New York,
					 holding that the State must do more to ensure that children in New York City
					 receive the opportunity to acquire a sound, basic education required by the
					 State Constitution.
NOW, THEREFORE, I, GEORGE E. PATAKI, 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, do hereby order as follows:
1. There is hereby established the New York
				  State Commission on Education Reform ("Commission") which shall consist of at
				  least 16 and no more than 25 members appointed by the Governor, including one
				  member of the State Senate who shall be appointed on the recommendation of the
				  Majority Leader of the State Senate and one member of the State Assembly who
				  shall be appointed on the recommendation of the Speaker of the State Assembly.
				  The Governor shall designate the chair from among the members. The members of
				  the Commission shall receive no compensation for their services but shall be
				  allowed their actual and necessary expenses incurred in the performance of
				  their duties pursuant to this Order.
2. The chair shall retain and, at his or her
				  pleasure, remove an executive director and such other personnel as he or she
				  may deem necessary for the performance of the Commission's duties pursuant to
				  this Order and shall fix their compensation within the amounts made available
				  therefor. The chair may also contract with outside experts and organizations as
				  he or she may deem necessary, within the amounts made available
				  therefor.
3. The chair may request
				  and shall receive from any department, division, board, bureau, commission or
				  agency of the State or any political subdivision thereof such assistance, data
				  and cooperation as is necessary to enable the Commission to carry out the
				  powers and duties described herein.
4. The Commission shall study and recommend
				  to the Governor and the Legislature reforms to the education finance system in
				  New York State and to any other state or local laws, rules, regulations,
				  collective bargaining agreements, policies or practices, to ensure that all
				  children have the opportunity to obtain a sound basic education, in accordance
				  with the requirements of Article XI, §
										1 of the State Constitution and
				  applicable decisional law.
5. In
				  carrying out its responsibilities pursuant to subdivision 4 of this Order, the
				  Commission shall study and make recommendations regarding the following issues:
a. The actual cost of providing all children
				  the opportunity to acquire a sound basic education in the public schools of the
				  State of New York.
b. Reforms to
				  the State's system of education finance to ensure an effective, efficient and
				  accountable system of funding public education, including Federal, State and
				  local resources, that provides all public school students with the opportunity
				  to acquire a sound basic education.
c. Reforms to State and local laws, rules,
				  regulations, collective bargaining agreements, policies and practices to ensure
				  the effective and efficient provision of educational services. Such reforms may
				  address:
i. The allocation of educational
				  resources, including funding, teachers and other essential educational inputs,
				  within local school districts;
ii.
				  The proportion of educational resources, including funding, teachers and other
				  essential educational inputs, that reaches the classroom;
iii. The funding obligations of local school
				  districts and cities containing dependent school districts, including
				  maintenance of effort requirements;
iv. The over-referral and over-placement of
				  students in restrictive special-education settings;
v. Educational governance at the State and
				  local levels;
vi. Mandate relief;
				  and vii. The construction, maintenance and financing of school
				  facilities.
d. Improved
				  accountability systems to ensure that all public schools are offering students
				  the opportunity to acquire a sound basic education and are operating in an
				  efficient and effective manner. Such reforms may include:
i. Alignment of the implementation of
				  existing Federal and State accountability mechanisms, including the federal No
				  Child Left Behind Act and the Schools Under Registration Review (SURR) process,
				  to the sound basic education standard;
ii. Methods to improve the accountability of
				  State and local officials and entities charged with overseeing and managing the
				  State's public schools;
iii.
				  Methods to improve the accountability of school administrators, teachers and
				  other school personnel for the efficient and effective delivery of educational
				  services; and iv. Methods by which to improve the accountability of students
				  and their parents for regular attendance of classes, appropriate discipline and
				  adequate preparation.
e.
				  Exploration of alterative diploma standards for students who have acquired a
				  meaningful high school education that enables them to function productively as
				  civic participants in contemporary society.
f. Alternatives for generating any new State
				  and/or local resources which may be required as a result of the Commission's
				  recommendations. The Commission shall consider the effect of its
				  recommendations on school property taxes, particularly for elderly and disabled
				  homeowners.
g. Any other issues
				  that the Commission deems necessary or desirable to remove impediments to
				  providing all children with the opportunity to acquire a sound basic education
				  in an efficient and effective manner.