[Federal Register Volume 66, Number 194 (Friday, October 5, 2001)]
[Presidential Documents]
[Pages 51287-51289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-25344]



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Part V





The President





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Executive Order 13227--President's Commission on Excellence in Special 
Education
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  Federal Register / Vol. 66, No. 194 / Friday, October 5, 2001 / 
Presidential Documents  

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 Title 3--
 The President

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                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;

[[Page 51288]]

                    (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.

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                    (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.

[FR Doc. 01-25344
Filed 10-4-01; 10:05 am]
Billing code 3195-01-P