N.Y. Comp. Codes R. & Regs. tit. 9 § 4.171

Current through Register Vol. 46, No. 36, September 4, 2024

Section 4.171 - Executive order no. 171: appointing a special commission on educational structure, policies and practices

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.

5. The Commission shall have the power to employ such counsel, deputies, officers and staff and other persons as the commission may require to fulfill its duties and responsibilities and to fix their compensation, and shall have the power to contract with outside consultants for expert auditing and financial assistance. Members of the Commission shall serve without compensation but shall be reimbursed for all actual and necessary expenses incurred in the performance of their duties.

6. The Commission is authorized to perform any other functions necessary to fulfill the duties and responsibilities of this order, and the commissioners all and singular are hereby granted and given all the powers and authorities which may be given or granted to persons appointed by me for such purpose under the authority of section six of the Executive Law.

7. Pursuant to subdivision eight of section sixty three of the Executive Law, I hereby direct the Attorney General to inquire into the matters set forth above involving public peace, public safety and public justice and I request that the Attorney General do so by appointing the above-named Commissioners or their counsels or deputies as Deputy Attorneys General and delegating to such deputy attorneys general authority to exercise the investigative powers that are provided for in an investigation pursuant to such section sixty-three upon a majority vote of the Commission and with the approval of the Chairperson.

8. If in the course of its inquiry the Commission obtains evidence of any past or present violation of existing law, such evidence shall be communicated promptly to the appropriate law enforcement authorities.

9. The Commission shall have the power to issue interim reports at its discretion, and shall issue a final report no later than December 15, 1993, setting forth its findings and conclusions and making such recommendations as it shall deem necessary and proper.

10. Every department, division, board, bureau, agency or political subdivision of the State shall provide every assistance, facility and cooperation which may be necessary or desirable for the accomplishment of the duties or purposes of the Commission.

Signed: Mario M. CuomoDated: May 17, 1993

[FN*] [Revoked by Executive Order No. 5 (Eliot Spitzer), infra.]

[Revoked by Executive Order No. 9 (David A. Paterson), infra.]

[Revoked by Executive Order No. 2 (Andrew M. Cuomo), infra.]

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4.171