Family & Community Special Communities
Special Education Appeals

Zirkel Report

As most of you know, I was notified by the U.S. Department of Education earlier this year that the current organizational structure for our Bureau of Special Education Appeals does not fully comply with federal law because hearing officers and mediators are employees of the Department of Elementary and Secondary Education. I initiated a deliberative process to seek input from the many stakeholders and to identify and evaluate the range of options that might be available to remedy the situation. To assist me in this effort, I engaged the services of Dr. Perry Zirkel, a professor at Lehigh University and a nationally-recognized expert in special education law. Many of you had the opportunity meet with Dr. Zirkel and to communicate your opinions and concerns.

I have just received Dr. Zirkel's final report. This report is being posted on the Department's website and can be accessed using the links below. I have also sent a copy of the report to the federal Office of Special Education Programs.

I am now studying Dr. Zirkel's observations and findings, and considering the various options that he has identified. Shortly I expect to present my action plan for addressing this issue. I continue to be committed to developing a structure for a robust and impartial process by which parents and school districts may resolve disputes and which meets all federal statutory requirements.

Links:

  

Report

Commissioner's June 1, 2009, letter to OSEP