U.S. DEPARTMENT OF EDUCATION

PRESIDENT'S COMMISSION ON

EXCELLENCE IN SPECIAL EDUCATION

Monday,

February 25, 2002

Versaille Warwick Hotel

5701 Main Street

Houston, Texas

PANEL MEMBERS

TERRY BRANSTAD, CHAIRMAN

ADELA ACOSTA

WILLIAM BERDINE

BETH ANN BRYAN

PAULA BUTTERFIELD

JAY CHAMBERS

ALAN COULTER

FLOYD FLAKE

THOMAS FLEMING

JACK FLETCHER

DOUGLAS GILL

BRYAN HASSEL

DOUGLAS HUNTT
C. TODD JONES

C. REID LYON

ROBERT PASTERNACK

MICHAEL RIVAS

CHERIE TAKEMOTO

KATIE WRIGHT
A G E N D A

ITEM PAGE:

Welcome, Introductions, and Overview 3

NAS Minority Students in Special and 15

Gifted Education Report Briefing

Dr. Daniel Reschly

Dr. Sharon Vaughn

Commissioner Q&A for the NAS Panel 53

Panel on Discrepancy Model Research 120

Dr. David Francis

Dr. Sharon Vaughn

Commissioner Q&A on Discrepancy Model Research 161

Aligning State and Local Special Education 207

and Accountability Systems

Mr. Larry Gloeckler

Commissioner Q&A on Aligning Special Education 258

and Accountability Systems

Student Achievement, Due Process, and the 304

Relationship Between the Two

Mr. James ComstockGalagan

Mr. Gene Lenz
Commissioner Q&A on the Student Achievement, 354

Due Process, and Relationship

Between the Two Panel

Adjournment 373
P R O C E E D I N G S

MR BRANSTAD: Good morning. I am Terry

Branstad, the chairman of the President's Commission on

Excellence in Special Education. I welcome you to the

second Commission meeting and the first of its eight

regional hearings. Before we open our hearing and listen

to our witnesses, I want to briefly describe the

Commission, its mission, and its objectives.

The Commission was establish last October by

the executive order of President Bush. His goal in

establishing the Commission was a simple one: "No child

left behind." This has become a familiar and important

message.

"No child left behind" was the guiding

principle of the newly reauthorized Elementary and

Secondary Act. Now, it comes into play with the work of

this Commission.

Why? When President Bush says, "no child left

behind" he means children with disabilities most of all

because they are the children who most often are left

behind. This Administration is committed to the

proposition that every child can learn, and so is this
Commission.

At the outset, I must reaffirm that the

Commission's work is not designed to replace the upcoming

reauthorization of the Individuals with Disabilities

Education Act.

Rather, the report we produce and issue this

summer will provide vital input into not only the

reauthorization process but also the national debate on

how best to educate all children.

When many of us think of Federal reports we

think of dense volumes with the type of prose Mark Twain

labeled "chloroform in print." We don't want that.

I hope the Commission will bring forward a

dynamic, informative report that will make a real

contribution to our nation's education debate.

I want a report that parents and classroom

teachers can use and understand a report that's readable

and interesting.

My goal for the Commission's work is simple: I

want us to find out "what works" best for educating

children with disabilities, not what works best for the

Federal, state and local agencies.
In order to learn what works best, we will

listen to the experts; look at research; talk with

parents, teachers and children; and think broadly and

creatively.

The President has charged us with providing

findings and recommendations in the following nine areas:

1. Costeffectiveness. The Commission will

examine the appropriate role of the Federal Government in

special education programming and funding. The Commission

will look at those factors that have contributed to

growing costs of providing special education services.

2. Improving Results. The Commission will

examine how to best use Federal resources to improve the

success of children and youth with disabilities.

3. Research. Understanding what works and

what doesn't work based on sound research data is critical

to making the best use of Federal resources.

The Commission will recommend areas to target

further research funding and to synthesize what we already

know works and doesn't work in educating children,

particularly those with learning and other cognitive

disabilities.
4. Early Intervention. Early identification

of First, Second, and Third Grade children showing

problems in learning can mean the difference between

academic and developmental success or a lifetime of

failure.

5. Funding. Opening the money spigot without

building a better system focused on results and

accountability will not solve the problems facing special

education today. We must develop fresh ideas about how we

can better spend Federal resources to improve special

education.

6. Teacher Quality and Student Accountability.

There are manifold issues in this area. We have a

shortage of welltrained special educators, we have a high

turnover rate of those that do enter the field, and we

need to close the gap between research and teacher

training to improve how well we serve children with

disabilities.

7. Regulations and Red Tape. The Commission

will study the impact of Federal and state laws and

regulations and how these requirements support or obstruct

the ability of schools to better serve children with
disabilities.

There is more than can be done to reduce the

amount of time special education teachers spend on

paperwork instead of teaching.

8. Models. We will look beyond Washington to

find alternatives to the standard way of doing things.

9. Federal versus Local Funding. The

Commission will review the experiences of state and local

governments in financing special education.

Our purpose this week in Houston is to listen

to the experts and talk with educators and the public

about what's effective in special education.

Over the next twoandahalf days, we will

begin to learn what's effective by:

1. Hearing from some of the nation's foremost

experts in reading. Several of these reading experts are

based in Texas, which is largely why we decided to hold a

hearing here.

2. We will examine research on early

intervention and identification of children who may need

special education services.

3. We will discuss alignment of special
education services to current state accountability

systems.

4. We will learn about the relationship

between student achievement and due process.

5. We will visit schools in the Houston

Independent School District.

As you can see, this is a resultsoriented

Commission that is truly concerned about ensuring that no

child is left behind. In order to do that, we need your

help. We need your suggestions. Tell us what works.

Show us the models.

Thank you for your interest in our work. We

appreciate everyone who has taken the time to attend our

hearing today.

We will now open the first hearing of the

President's Commission on Excellence in Special Education.

I'm going to first ask C. Todd Jones, our

executive secretary, to give us the revised schedule, and

then I'll introduce our first panel.

MR. JONES: If all of you could take a look

under Tab A, which is our agenda, and on page 2 is the

agenda for tomorrow. There's a slight revision to that
which I will explain.

We have reports on school visits which is set

to start at 1:30. The revised start time if 1:15. The

panel reviews will be at 2:00; the break will be at 2:50;

the panel reviews will return at 3:20; and we will adjourn

at 4:10.

You'll notice it says that under the panel

reviews Commissioners will discuss their views on the

reports with 30 minutes allotted for each, and we're going

to cut that back to 25.

The reason for that is that, for those of you

that are attending the rodeo, we are meeting the busses

promptly at five o'clock in front of the hotel. If you

miss the five o'clock bus, it's my understanding it's a

very, very long walk to the Astrodome. So I just want to

make that part of it clear.

(General laughter.)

MR. JONES: That's all for the revised

schedule. Governor, speakers.

MR BRANSTAD: We have two very distinguished

presenters. The first is Daniel J. Reschly, Ph.D. Dr.

Daniel Reschly is the Chair of the Department of Special
Education and a Professor of Education and Psychology at

Vanderbilt University's Peabody College.

From 1975 to 1998, he directed the Iowa State

University School of Psychology Program, which is in Ames,

Iowa, and that was during most of that time I was

governor. So he told me that he lived under my

administration for quite a while.

And during his distinguished career at Iowa

State, he achieved the rank of Distinguished Professor of

Psychology and Education.

Reschly earned graduate degrees at the

University of Iowa and Iowa State and the University of

Oregon and served as a school psychologist in Iowa,

Oregon, and Arizona.

He has published extensively on the topics of

special education system reform, overrepresentation of

minority children and youth, learning disability

classification procedures, and mild retardation.

Reschly served as the National Academy of

Sciences Panels on Standardsbased Reform and the

Education of Students with Disabilities, and is a member

of the Minority Overrepresentation in Special Education,
Chair of the Disability Determination in Mental

Retardation, and CoDirector of the National Research

Center on Learning Disabilities.

His awards include the NASP Lifetime

Achievement Award, three NASP Distinguished Service

Awards, the Stroud Award, appointment to Fellow of the

American Psychological Association and the American

Psychological Society, Charter Member of the Iowa Academy

of Education, and 1996 Outstanding Alumnus, College of

Education, University of Oregon.

Dr. Reschly lives in Nashville with his wife

and three children.

Our other distinguished presenter is Sharon

Vaughn, Ph.D.

Dr. Sharon Vaughn is the Mollie Villeret Davis

Professor in Learning Disabilities and the Director of the

Texas Center for Reading and Language Arts in the College

of Education at the University of Texas at Austin.

Dr. Vaughn published more than 120 articles in

refereed journals such as Exceptional Children, Teaching

Exceptional Children, and Journal of Learning Disabilities

and has written several books on instructional methods for
general and special education teachers.

Through her research, writing, and professional

activities, Vaughn maintains a commitment to improving

outcomes for students with special needs and their

families with emphasis on minority children and their

families.

For the past six years, she has coordinated a

largescale reading intervention research project in

Hileah, Florida that has served as a model for

implementing researchbased practices for the State of

Florida.

Vaughn is recognized for her ability to

translate research into practice and receives numerous

requests from higher education and school districts to

assist with the implementation of research practices.

She directs an evaluation project in

coordination with the States of Texas and Florida to

identify model school sites that are implementing

successful pilot projects and other programs for students

with disabilities.

Vaughn has directed several additional school

based research projects including a largescale
investigation of teachers' planning and instruction for

students with special needs in the general education

classroom.

She has been highly interested in the extent to

which instructional practices are maintained by targeted

teachers and sustained by the school.

Sustainability is a critical aspect of her last

four years of research and resulted in research on the

effectiveness of professional development practices.

I'll turn it over to Dr. Reschly first.

DR. RESCHLY: Thank you very much, Governor and

honorable Commissioners. It's my pleasure to appear

before you today representing the National Research

Council. Thank you for that very kind introduction.

And I think a much more appropriate

introduction would be, Here's Dan Reschly. He's the

author of a number of widely disregarded journal articles.

(General laughter.)

DR. RESCHLY: Today I'm representing a

committee much like the committee that many of you serve

on. It was a committee that had a great deal of

diversity. It was appointed subsequent to Congressional
legislation that charged the National Academy of Sciences

with investigating and issuing a report on minority

overrepresentation in special education.

Our charge was expanded then to include gifted

as well, but most of what I say today will apply merely to

special education, since that is the focus of our work.

The committee was a diverse group of

individuals who represented a variety of academic

disciplines, professional roles. There were a total of 15

persons on the commission.

We reached a unanimous set of recommendations,

that is, a set of recommendations that were unanimously

supported. And I will try to go over those

recommendations today, as well as provide a brief

rationale for each of the recommendations.

Sharon and I have divided our time by 25

minutes and 20 minutes. So if you want to pull a trap

door on me or remind me, I ought to be out of here by five

after 9:00, and I shall endeavor to do so.

Today the plan in briefing you is to first talk

about disproportionality facts and some data on

disproportionality; secondly to talk about biological and
social bases.

Third, and perhaps the strongest message from

this committee, is the importance of early prevention and

intervention; fourth, to talk about general education

roles and recommendations; fifth, teacher quality issues;

sixth, special education reform and recommendations; and

then, the last, research and data collection

recommendations.

Incidentally, these slides appear under Tab D

of your briefing or your agenda book, toward the end of

Tab D, I believe it is.

First some disproportionality facts and

figures. This was a great deal more difficult, that is,

to get accurate information on this, than it should have

been, to be perfectly blunt about it.

In the numerator for these figures we have all

children with disabilities age six to 21; in the

denominator we have the number of schoolaged children.

So these percentages are slightly elevated because the

numerator includes a broader age range than the

denominator, but it's only slightly elevated.

The question is, is there disproportionality?
Clear answer, yes, there is substantial