[Weekly Compilation of Presidential Documents Volume 37, Number 40 (Monday, October 8, 2001)]
[Pages 1407-1409]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13227--President's Commission on Excellence in Special 
Education

October 2, 2001

    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:

[[Page 1408]]

    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

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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.
                                                George W. Bush
 The White House,
 October 2, 2001.

 [Filed with the Office of the Federal Register, 10:05 a.m., October 4, 
2001]

Note: This Executive order was released by the Office of the Press 
Secretary on October 3, and it was published in the Federal Register on 
October 5.