President's Commission on Excellence in Special Education

Executive Order 13227 of October 2, 2001

President's Commission on Excellence in Special
Education

By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered as follows:

Section 1. Policy. The education of all children,
regardless of background or disability, while chiefly a
State and local responsibility, must always be a
national priority. One of the most important goals of
my Administration is to support States and local
communities in creating and maintaining a system of
public education where no child is left behind.
Unfortunately, among those at greatest risk of being
left behind are children with disabilities. The
Individuals with Disabilities Education Act (IDEA) is a
landmark statute that asserts the rights of all
children with disabilities to a free, appropriate
public education. My Administration strongly supports
the principles embodied in the IDEA and the goal of
providing special education and related services to
children with disabilities so that they can meet high
academic standards and participate fully in American
society. It is imperative that special education
operate as an integral part of a system that expects
high achievement of all children, rather than as a
means of avoiding accountability for children who are
more challenging to educate or who have fallen behind.

Sec. 2. Establishment. There is established a
President's Commission on Excellence in Special
Education (the “Commission”). The Commission shall be
composed of not more than 19 members to be appointed by
the President from the public and private sectors, as
well as up to 5 ex officio members from the Departments
of Education and Health and Human Services. The members
may include current and former Federal, State, and
local government officials, recognized special
education experts, special and general education
finance experts, education researchers, educational
practitioners, parents of children or young adults with
disabilities, persons with disabilities, and others
with special experience and expertise in the education
of children with disabilities. The President shall
designate a Chairperson from among the members of the
Commission. The Secretary of Education shall select an
Executive Director for the Commission.

Sec. 3. Duties and Commission Report. (a) The
Commission shall collect information and study issues
related to Federal, State, and local special education
programs with the goal of recommending policies for
improving the educational performance of students with
disabilities. In furtherance of its duties, the
Commission shall invite experts and members of the
public to provide information and guidance.

    (b) Not later than April 30, 2002, the Commission
shall prepare and submit a report to the President
outlining its findings and recommendations. The report
shall include, but need not be limited to:
    (1) An examination of available research and
information on the effectiveness and cost of special
education and the appropriate role of the Federal
Government in special education programming and
funding. The examination shall include an analysis of
the factors that have contributed to the growth in
costs of special education since the enactment of the
Education for All Handicapped Children Act (a
predecessor of IDEA);
    (2) Recommendations regarding how Federal resources
can best be used to improve educational results for
students with disabilities;
    (3) A recommended special education research
agenda;

    (4) An analysis of the impact of providing
appropriate early intervention in reading instruction
on the referral and identification of children for
special education;
    (5) An analysis of the effect of special education
funding on decisions to serve, place, or refer children
for special education services and recommendations for
alternative funding formulae that might distribute
funds to achieve better results and eliminate any
current incentives that undermine the goals of ensuring
that children with disabilities receive a high-quality
education;
    (6) An analysis of, and recommendations regarding,
how the Federal Government can help States and local
education agencies provide a high-quality education to
students with disabilities, including the recruitment
and retention of qualified personnel and the inclusion
of children with disabilities in performance and
accountability systems;
    (7) An analysis of the impact of Federal and State
statutory, regulatory, and administrative requirements
on the cost and effectiveness of special education
services, and how these requirements support or hinder
the educational achievement of students with
disabilities;
    (8) An assessment of how differences in local
educational agency size, location, demographics, and
wealth, and in State law and practice affect which
children are referred to special education, and the
cost of special education; and
    (9) A review of the experiences of State and local
governments in financing special education, and an
analysis of whether changes to the Federal “supplement
not supplant” and “maintenance of effort”
requirements are appropriate.

Sec. 4. Administration, Compensation, and Termination.

    (a) The Department of Education shall, to the
extent permitted by law, provide administrative support
and funding for the Commission. In addition,
appropriate Federal agencies may designate staff to
assist with the work of the Commission. To the extent
permitted by law, Federal Government employees may be
detailed to the Commission without reimbursement to the
Federal agency.
    (b) Members of the Commission shall serve without
compensation but, while engaged in the work of the
Commission, members appointed from among private
citizens of the United States shall be allowed travel
expenses, including per diem in lieu of subsistence, as
authorized by law for persons serving intermittently in
the government service (5 U.S.C. 5701-5707), to the
extent funds are available for such purposes.
    (c) The functions of the President under the
Federal Advisory Committee Act that are applicable to
the Commission, except that of reporting to the
Congress, shall be performed by the Department of
Education in accordance with the guidelines that have
been issued by the Administrator of General Services.
    (d) The Chairperson may from time to time prescribe
such rules, procedures, and policies relating to the
activities of the Commission as are not inconsistent
with law or with the provisions of this order.

    (e) The Commission shall terminate 30 days after
submitting its final report, unless extended by the
President.

    (Presidential Sig.)B

THE WHITE HOUSE,

     October 2, 2001.