This
executive order rescinds EO #113 Whitman
WHEREAS, the State
of New Jersey has a compelling interest to comply with the Supreme Court's
decisions in Abbott v. Burke to ensure the constitutional guarantee of
a "thorough and efficient" education to students in the Abbott districts;
and
WHEREAS, the Abbott
decisions direct implementation of comprehensive and far-reaching programs
and reforms; and
WHEREAS, after many
years of litigation necessitating Supreme Court intervention in issues
of educational policy and delivery thereof, the State has determined that
collaborative policy-making among stakeholders and interested parties
is essential to effective Abbott implementation; and
WHEREAS, the provision
of meaningful educational programs in our urban communities requires policy
and operational articulation and coordination among various agencies;
and
WHEREAS, the State
of New Jersey has a compelling interest to provide effective and timely
implementation of educational programs and reform in our urban districts
in order to improve the quality of education and opportunity for children
in those districts; and
WHEREAS, the State
of New Jersey has a compelling interest to provide effective leadership
and coordination among departments and agencies of the State and to collaborate
with districts and schools to effectuate implementation of these programs
and reforms; and
WHEREAS, the Supreme
Court in Abbott VI (2000) has called for an end to "the adversarial relationship
between the parties" and a "cooperative effort focused on the provision
of high quality preschool" and other educational programs for the students
in the Abbott districts; and
WHEREAS, the State
of New Jersey has already begun a collaborative process of implementation
of the Supreme Court's mandates and desires to continue and expand that
course of action; and
WHEREAS, for more
than two decades, Education Law Center has adequately represented the
interests of the Court-certified class of all public school students in
the Abbott districts;
NOW, THEREFORE,
I, James E. McGreevey, Governor of the State of New Jersey, by virtue
of the authority vested in me by the Constitution and by the Statutes
of this State, do hereby Order and Direct:
-
Executive Order
No. 113 (Whitman) is hereby rescinded and is superseded by this Executive
Order.
-
There is hereby
established The Abbott Implementation and Compliance Coordinating
Council.
-
The Council shall
consist of seven (7) members as follows:
(a) The Commissioner
of Education;
(c) The Assistant
Commissioner of Education for Abbott Programs;
(e) The Commissioner
of Human Services;
(g) The Executive
Director of the Economic Development Authority;
(i) The Executive
Director of the Commission on Higher Education;
(k) The Attorney
General or Director of the Division of Law in the Department of Law
and Public Safety; and
(m) The Executive
Director of the Education Law Center.
The Governor's
Special Counsel for Education shall serve as ex-officio non-voting member
and chair of the Council.
-
The Council
shall meet on a monthly basis beginning February, 2002. Each member
is authorized to have in attendance at such meetings additional staff
as may be necessary to inform the Council's discussions and actions.
-
The purposes
of the Council shall be as follows:
(a) To develop
and recommend needed improvements, revisions, and modifications
in State statutes, regulations, policies and procedures;
(b) To assure
full, effective and timely implementation of the Abbott programs
and reforms on a sustained basis;
(c) To assess
ongoing implementation, and develop and recommend and implement
adjustments and modifications as needed;
(d) To assure
effective State leadership and coordination among State departments
and agencies, and integration of Abbott within new federal mandates;
(e) To develop
and recommend State and district accountability measures to track
progress in program implementation and student achievement; and
(f) To review
current and future disputes and issues among the parties and to
assure State compliance with Court mandates.
-
The areas and
principal issues to be addressed by the Council are as follows:
(a) Early
Childhood Education;
(c) Abbott
early literacy;
(d) Standards-based
reform and whole school reform;
(e) K-12 supplemental
programs (i.e. social, health services)
(f) School
construction and rehabilitation;
(g) Reform
and phase-out of state operation of districts; and
(h) Review
of Abbott designation, including charter schools.
-
The Council
shall establish issue priorities and will convene and supervise work
groups and committees of stakeholders to address reform and improvement
of Abbott implementation, as necessary.
-
The Council
shall authorize ongoing evaluation of Abbott implementation and compliance
and shall issue annual reports to the Governor, the Legislature, the
Supreme Court and the public.
-
The Council
shall also seek Court approval of adjustments and modifications of
Court mandates as needed.
-
The Council
is authorized to utilize the services of State departments and agencies
as needed, as well as consultants and experts as deemed necessary
to discharge its responsibilities under this Order.
-
This Order shall
take effect immediately.
GIVEN, under
my hand and seal this 19th
day of February in the Year of Our Lord,
Two Thousand and Two, and the
Independence of the United States,
the Two Hundred and Twenty-Sixth.
/s/ James E. McGreevey
Governor
[seal]
Attest:
/s/ Paul A. Levinsohn
Chief Counsel to the Governor