THE COMMONWEALTH OF MASSACHUSETTS EXECUTIVE DEPARTMENT STATE HOUSE, BOSTON 02133 (617) 727-3600 BY HIS EXCELLENCY WILLIAM F. WELD GOVERNOR EXECUTIVE ORDER NO. 393 ESTABLISHING AN EDUCATIONAL MANAGEMENT ACCOUNTABILITY BOARD WHEREAS it is a paramount goal of the Commonwealth to provide a pub- lic education system of sufficient quality to extend to every child the opportunity to achieve his or her potential to lead a productive life as a participant in the political and social life of the Commonwealth and as a contributor to its economy; and WHEREAS the Education Reform Act was enacted in 1993 in order to as- sist students to attain a higher level of educational achievement and reach the aforesaid goal of the Commonwealth; and WHEREAS an effective mechanism for monitoring progress toward those goals and for holding educators accountable for achievement of those goals is an essential part of the success of the students and the at- tainment of the goals of the Education Reform Act; and WHEREAS nearly one billion dollars have been invested in Massachusetts schools in order to improve student learning over the past four years; and WHEREAS recent state standardized assessments have raised legitimate questions about the use of education reform funds and about the commit- ment to school improvement in some school districts; and WHEREAS the people of the Commonwealth deserve to have an accounting of the performance of school districts. NOW, THEREFORE, I, William F. Weld, Governor of the Commonwealth of Massachusetts, by virtue of the authority vested in me as Supreme Executive Magistrate, do hereby order as follows: Section 1. An Educational Management Accountability Board ("Board") is hereby established to review, investigate and report on the expendi- ture of funds by school districts, including regional school districts, consistent with the goals of improving student achievement. Section 2. The Board shall consist of not less than seven (7) nor more than thirteen (13) members. One member shall be designated by the Governor to be chairman. The members of the Board shall serve without compensation but may receive reimbursement for reasonable expenses in- curred in fulfilling their obligations subject to any appropriation or allocation. The Board shall adopt such guidelines and procedures as are appropri- ate for the effective performance of its duties. Any procedural issues that may arise during a Board meeting shall be resolved by reference Robert's Rules of Order. The Board shall meet as often as necessary to receive reports and issue findings. The Board may also conduct such fo- rums or hearings on school accountability as it considers appropriate. The members of the Board shall be appointed to renewable one year terms. Section 3. The Secretary of Administration and Finance ("Secretary"), or his designee, shall serve as the chief of staff for the Board. The Director of Accounts for the Division of Local Services of the Department of Revenue shall be the chief investigator for the Board ("Director"). The Secretary shall request staff from the department of revenue, the department of education, and any other executive office, agency or department which may provide technical assistance in fulfill- ing the purposes of the Board. Subject to appropriation or allocation, the Director may employ other investigators and seek expert and technical assistance in examining fis- cal and educational issues within a school district. All investigations shall be conducted in consultation with the State Auditor and the Commissioner of Education. Section 4. Pursuant to General Laws ch. 44, sections 45 and 46A, and General Laws ch. 71, section 16E, and for the purposes of this Board, the Director may conduct investigations and may require the attendance of witnesses, the production of books and documents and may examine wit- nesses under oath in the same manner as in the Superior Court. Section 5. The Board, through the Secretary and the Director, shall have the following duties and responsibilities: (A) Develop the protocols for the review of the schools and school districts, including regional school districts; (B) Verify the accuracy of reports of schools and school districts, including regional school districts, filed with the Department of Education; (C) Conduct a review and analysis of budgets of school districts, including regional school districts, to determine whether the districts are complying with state law; (D) Conduct a review and analysis of school districts' spending to determine whether the spending effectively supports the dis- tricts' educational programs and the goals of the Education Reform Act; and (E) Prepare and submit to the Governor and Lt. Governor a report of findings of each school district investigated by the Board. Said reports shall also be sent to the Senate President, the Speaker of the House, the Chairman of the Board of Education, the Attorney General, the State Auditor, the Commissioner of Education, along with the chairman of the school committee and the Superintendent of the school district investigated by the Board and such other municipal officials as may be appropriate. In addition, the Board shall also prepare and submit an annual report of its investigations and findings. Given at the Executive Chamber in Boston this 20th day of February in the year one thousand nine hundred and ninety-seven. William F. Weld Governor William Francis Galvin Secretary of State GOD SAVE THE COMMOm~EALTH OF MASSACHUSETTS