For Immediate Release
Office of the Press Secretary
October 3, 2001
Executive Order on Excellence in Special Education
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
Commis-sion, 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.
GEORGE W. BUSH
THE WHITE HOUSE,
October 2, 2001.
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