Alice Cogswell and Anne Sullivan Macy Act - Amends the Individuals with Disabilities Education Act to require states that classify children by disability to: (1) identify, locate, and evaluate children who have visual disabilities, or who are deaf or hard of hearing, who are, or may be, classified in another disability category; and (2) provide special education and related services to such children, including the services provided to children classified as blind or deaf or hard of hearing.
Requires states to file a written addendum to their special education plan that ensures that children in the state who have visual disabilities or who are deaf or hard of hearing are: (1) evaluated by qualified professionals, using valid and reliable assessments, regarding the special education and related services that meet their unique learning needs; and (2) provided the special education and related services that meet those needs. Specifies the minimum content of those evaluations.
Requires states to ensure that they have enough qualified personnel to serve children who are visually disabled or who are deaf or hard of hearing.
Allows parents and local educational agencies to include a representative of a state-operated, state-supported, or state-aided school for the deaf on a child's individualized education program (IEP) team.
Requires the IEP team for each child that is blind or visually impaired or deaf or hard of hearing to provide the child with instruction that meets the child's unique learning needs and includes assistive technology proficiency, self sufficiency and interaction, and age appropriate career education.
Requires states to ensure that a full continuum of alternative placements is available to meet the needs of disabled children for special education and related services.
Treats states' closure of special schools serving children who are blind or deaf as a reduction of their financial support for special education and related services for purposes of the prohibition against reducing their level of financial support for such services from one fiscal year to the next.
Directs the Secretary of Education, within one year of this Act's enactment and periodically thereafter, to review, update, and publish policy guidance concerning the provision of special education and related services to students who are visually disabled or who are deaf or hard of hearing.
Includes teachers of infants and toddlers with sensory disabilities as qualified providers of early intervention services.
Provides that the natural environments in which early intervention services are to be provided for infants and toddlers with sensory disabilities include any environment where services meeting their unique needs are available, including those where the child's language is the primary language and mode of communication.
Requires the individualized family service plan for an infant or toddler who is deaf or hard of hearing to include: (1) an ongoing language and communication assessment, (2) language and communication development goals commensurate with the child's cognitive abilities, and (3) the language and communication access that will be provided to the child.
Authorizes grants for training special education personnel to be used in preparing individuals to be qualified teachers and early intervention specialists for deaf and hard of hearing children.
Establishes within the Department of Education a national program named the Anne Sullivan Macy Center on Visual Disability and Educational Excellence, which is to be administered by a consortium composed of nonprofit organizations and at least one institution of higher education (IHE) with specified experience in the education of the visually impaired. Authorizes the Center to:
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4040 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4040
To promote and ensure delivery of high quality special education and
related services to students with visual disabilities or who are deaf
or hard of hearing through instructional methodologies meeting their
unique learning needs; to enhance accountability for the provision of
such services, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 11, 2014
Mr. Cartwright (for himself, Mr. Takano, and Mr. Stockman) introduced
the following bill; which was referred to the Committee on Education
and the Workforce
_______________________________________________________________________
A BILL
To promote and ensure delivery of high quality special education and
related services to students with visual disabilities or who are deaf
or hard of hearing through instructional methodologies meeting their
unique learning needs; to enhance accountability for the provision of
such services, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Alice Cogswell and
Anne Sullivan Macy Act''.
(b) References.--Except as otherwise expressly provided, whenever
in this Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provision of the
Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).
(c) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; references; table of contents.
Sec. 2. Purposes.
TITLE I--IMPROVING THE EFFECTIVENESS OF SPECIAL EDUCATION AND RELATED
SERVICES AND FOR STUDENTS WHO ARE DEAF OR HARD OF HEARING
Subtitle A--General Provisions
Sec. 101. Findings.
Sec. 102. Identifying students who are deaf or hard of hearing.
Sec. 103. State plans.
Sec. 104. Evaluations.
Sec. 105. Individualized education program team.
Sec. 106. Consideration of special factors.
Sec. 107. Monitoring.
Sec. 108. Continuum of service delivery options.
Sec. 109. Technical assistance for parents and educators of students
who are deaf or hard of hearing.
Subtitle B--Improving the Effectiveness of Early Intervention for Deaf
or Hard of Hearing Infants and Toddlers and Their Families
Sec. 111. Qualified personnel.
Sec. 112. Natural environment.
Sec. 113. Content of plan.
Subtitle C--National Activities To Improve Education of Children With
Disabilities
Sec. 121. Personnel development to improve services and results for
children with disabilities.
TITLE II--IMPROVING THE EFFECTIVENESS OF SPECIAL EDUCATION AND RELATED
SERVICES FOR STUDENTS WITH VISUAL DISABILITIES
Subtitle A--General Provisions
Sec. 201. Findings.
Sec. 202. Identifying students with visual disabilities.
Sec. 203. State plans.
Sec. 204. Evaluations.
Sec. 205. Consideration of special factors.
Sec. 206. Technical assistance for parents and educators of students
with visual disabilities.
Subtitle B--Anne Sullivan Macy Center on Visual Disability and
Educational Excellence
Sec. 211. Center establishment and mission.
Sec. 212. Administration; eligibility; governance; structure.
Sec. 213. Activities.
Sec. 214. Authorization of appropriations and carryover.
Sec. 215. Relationship to other programs and activities.
SEC. 2. PURPOSES.
The purposes of this Act are as follows:
(1) To better ensure delivery of high quality special
education and related services to students with visual
disabilities or who are deaf or hard of hearing through
specialized instructional services and methodologies designed
to meet their unique language, communication, and learning
needs.
(2) To better ensure delivery of high quality early
intervention services to infants and toddlers who are deaf or
hard of hearing and their families through specialized services
and methodologies designed to meet their unique language,
communication, and other developmental needs.
(3) To foster the proliferation of research supporting the
development and evaluation of effective and innovative
assessments and instructional methodologies consonant with the
unique learning needs of students with visual disabilities.
(4) To enhance accountability for the provision of such
services.
(5) To support the development of personnel serving
students with visual disabilities or who are deaf or hard of
hearing.
TITLE I--IMPROVING THE EFFECTIVENESS OF SPECIAL EDUCATION AND RELATED
SERVICES AND FOR STUDENTS WHO ARE DEAF OR HARD OF HEARING
Subtitle A--General Provisions
SEC. 101. FINDINGS.
(a) Findings.--The Congress finds the following:
(1) The history of the education of deaf and hard of
hearing students in the United States began with the education
of Alice Cogswell in Connecticut in the early 1800s. Born in
1805, Alice became deaf at a young age. By the time she was
nine, she was befriended by a neighbor, Thomas Gallaudet, who
demonstrated that she could make the association between
objects and the written words for them. Soon she became the
focus of an initiative to found a school for deaf individuals
in America. In April of 1817, Gallaudet and a deaf teacher,
Laurent Clerc, opened the first successful American school for
deaf persons--the American School for the Deaf--with Alice as
its first pupil. From an initial class of seven students, the
school grew into a national institution, the mother school of
many subsequent schools for the deaf and the training ground
for their principals and teachers. Alice Cogswell's story
reminds us that deaf and hard of hearing children are capable
of learning and achieving to high levels when they have access
to full language and communication, are taught by professionals
with specialized training in the unique needs of deaf and hard
of hearing students, and have access to educational placements
that recognize and provide for their language, communication,
and academic needs.
(2) Deaf and hard of hearing children need early and
ongoing access to language. Research demonstrates that deaf and
hard of hearing children who are identified early and receive
appropriate early intervention from specialized, qualified
providers achieve higher language and communication outcomes
than those who are identified late and do not receive such
services. However, currently, early intervention services
typically are not provided in a timely manner, severe shortages
of specialized early intervention professionals exist, and many
deaf and hard of hearing children are not reaching their
developmental potential.
(3) Deaf and hard of hearing children are born with the
same capacity to learn and achieve as any other child. However,
historically as a group, their literacy and academic outcomes
have not been commensurate with their abilities. The education
system in the United States must better meet the academic and
related learning needs of these students, who can succeed when
those needs are addressed.
(4) A principal way that hearing students acquire knowledge
and skills is through incidental learning, the process of
observing others and the environment that occurs naturally at
home, at school and in the community. Deficits in incidental
learning leave deaf and hard of hearing students behind in the
acquisition of an array of academic and social-emotional skill
areas. In addition to core academics such as reading,
mathematics and science, deaf and hard of hearing students must
also receive specialized instruction and services designed to
maximize their capacity to learn effectively and live
productively and independently. These include instruction in
audiology, age appropriate career education, communication and
language, including American Sign Language and spoken language
with or without visual supports, functional skills for academic
success, self-determination and advocacy (including preparation
for transition to work or higher education), social emotional
skills, technology, and support for the student through family
education.
(5) It is imperative that deaf and hard of hearing students
have communication and language access and development. The
development of age appropriate communication and language
skills is essential to any cognitive, psychological and
educational growth. Without communication and language a
student cannot become literate or educated. Without
communication and language a student will not develop reading,
computation, writing, analytical, and other necessary skills.
The importance of an education in which communication and
language access and development are provided is not merely a
matter of educational methodology or classroom strategy but a
right equal to the right of any student to access classroom
information, communicate with peers and staff, and develop
literacies required for educational success. When students are
deprived of communication and language access and development
they cannot meaningfully engage in the rich and varied
experience that is American education and become active members
in our American democracy. Communication and language are the
first building blocks in any education and are required for
human development.
(6) Since the 1997 reauthorization of the Individuals with
Disabilities Education Act (IDEA), IEP Teams have been required
to consider the language and communication needs of students
who are deaf and hard of hearing, including opportunities for
direct communications with peers and professional personnel in
the child's language and communication mode, academic level,
and full range of needs, including opportunities for direct
instruction in the child's language and communication mode.
Further, it is been the U.S. Department of Education's position
since 1992 that ``[a]ny educational setting that does not meet
the communication and related needs of a child who is deaf does
not allow for the provision of [a Free Appropriate Public
Education] and cannot be considered the [Least Restrictive
Environment] for that child. Just as the [Individuals with
Disabilities Education Act] requires placement in the regular
educational setting when it is appropriate for the unique needs
of a child who is deaf, it also requires placement outside of
the regular educational setting when the child's needs cannot
be met in that setting'' (Deaf Students Education Services:
Policy Guidance,'' 57 Fed. Reg. 49274 (1992)). And it is well
argued that deaf and hard of hearing students benefit from a
setting in which a critical mass of deaf and hard of hearing
peers is found. Nevertheless, it has been contended that few
deaf and hard of hearing students are receiving full access to
language and communication in the regular education setting,
and few have access to a critical mass of peers. This lack of
language and communication access contributes to students'
social isolation and to the inability of graduates to achieve
academic outcomes on par with those of their hearing peers.
Since the U.S. Department of Education does not require
sufficient monitoring of State and local educational agencies
to fully and accurately account for their legal obligations to
address the language and communication needs of deaf and hard
of hearing students, it is not possible to confirm systemically
whether such agencies are in compliance with current law. Given
that nationally students who are deaf or hard of hearing
require more language and communication access and more support
to acquire services and skills than they are currently
receiving, and given that provision of currently required
instruction and placement for such students cannot be
adequately assured, IDEA must be strengthened and supplemented
to ensure that deaf and hard of hearing students truly receive
a free and appropriate public education.
(7) A prerequisite to better meeting these needs is every
State and local educational agency's identification and proper
evaluation of each student who is deaf or hard of hearing,
regardless of whether such student may have other, even
potentially more significant, disabilities. While IDEA does not
mandate that State and local educational agencies classify
students into specific disability categories, the widespread
use of IDEA's disability categories has led to a sizable
undercount of deaf and hard of hearing students and,
consequently, a lack of recognition of the extent of the
systemic need for the delivery of appropriate instructional
services provided by personnel initially trained and
continually supported to meet such students' unique educational
needs. Indeed, while the U.S. Census Bureau supports the
contention that more than 350,000 students nationally have
``hearing difficulties,'' the Department of Education routinely
reports serving under IDEA a population of approximately
73,000. This occurs in large measure because students who are
deaf or hard of hearing who also have additional disabilities
are frequently formally classified by State and local
educational agencies as having multiple disabilities.
Consequently, such students' hearing disabilities are not fully
acknowledged either in terms of educational agency recognized
need for personnel trained to serve such students, or in terms
of an individual student's need for the services of such
personnel.
(8) It is critical that State and local educational
agencies be better prepared to meet these largely unmet needs.
To reach this goal, teachers of the deaf and their colleagues
in related services must be better supported to provide the
full array of specialized instruction and services required by
deaf and hard of hearing students. Proper assessment of the
unique needs of students who are deaf or hard of hearing, along
with proper deployment of specialized instruction and
interventions, must keep pace with the most current educational
theories and practices and be based on the best available
evidence. Significantly greater accountability for results for
students who are deaf or hard of hearing, including those with
additional disabilities, must be built into America's special
education system if deaf and hard of hearing students are to
succeed. And it is imperative that all deaf and hard of hearing
students, regardless of disability category, are identified and
their learning needs fully accounted for.
(9) Deaf and hard of hearing children across the United
States should experience the same kind of access to language
development, social interaction, and academic opportunities
experienced by their peers. Deaf and hard of hearing children
are as diverse as any other group of children, and the choices
in communication, educational placement options, and other
decisions are complex and need to be individualized.
(10) Existing high quality resources must be preserved and
leveraged so that students who are deaf or hard of hearing do
not fall farther behind. Specialized schools for children who
are deaf and hard of hearing perform a unique service and must
be valued and maintained as part of the continuum of
alternative placements. Both special schools and center-based
programs serving children who are deaf or hard of hearing
should be tapped for the expert personnel and services such
resources can offer, and IDEA's worthy policy objective to
ensure the full integration of children with disabilities ought
not be allowed to frustrate the delivery of all appropriate
services to children with unique needs, whether those services
be provided at a specialized school, a local school, or some
combination of the two.
SEC. 102. IDENTIFYING STUDENTS WHO ARE DEAF OR HARD OF HEARING.
(a) Serving All Children Who Are Deaf or Hard of Hearing Regardless
of Classification.--Section 612(a)(3) (20 U.S.C. 1412(a)(3)) is amended
at the end by adding the following:
``(C) Serving children who are deaf or hard of
hearing.--When a State classifies children by
disability, the State, in complying with subsection
(a), identifies, locates and evaluates children who are
deaf or hard of hearing who are, or may be, classified
in a disability category other than hearing impairment
and provides (without prejudice to such classification)
special education and related services to such
children, including such services determined
appropriate based on proper evaluation as would be
provided to children classified in the State as deaf or
hard of hearing.''.
(b) Data Collection and Reporting.--Section 618 (20 U.S.C. 1418) is
amended by adding at the end the following:
``(e) Accounting for Deaf and Hard of Hearing Students.--In
addition to the data collection and reporting requirements of
subsections (a) through (d) and subject to such provisions, the State
and the Secretary of the Interior shall, with respect to children
classified in a disability category other than hearing impairment or
deafness, include the number and percentage of such children in each
disability category who are also deaf or hard of hearing.''.
(c) Child With a Disability.--Section 602(3)(A)(i) (20 U.S.C.
1401(3)(A)(i)) is amended to read as follows:
``(i) with intellectual disabilities, who
is deaf or hard of hearing, with speech or
language impairments, visual impairments
(including blindness), serious emotional
disturbance (referred to in this part as
`emotional disturbance'), orthopedic
impairments, autism, traumatic brain injury,
other health impairments, or specific learning
disabilities; and''.
SEC. 103. STATE PLANS.
Section 612 (20 U.S.C. 1412) is amended by adding at the end the
following:
``(g) Addendum Concerning Students Who Are Deaf or Hard of
Hearing.--
``(1) In general.--Notwithstanding the provisions of
subsection (c), a State shall not be deemed in compliance with
this section unless, not later than two years after the date of
the enactment of the Alice Cogswell and Anne Sullivan Mact Act,
the State files with the Secretary a written addendum to the
plan required by this section describing how the State ensures
that--
``(A) children who are deaf or hard of hearing
(regardless of the State's use of disability categories
or the extent to which deaf or hard of hearing children
may be classified in disability categories other than
hearing impairment or deafness) are evaluated by
qualified professionals, using valid and reliable
assessments, for such children's need for instruction
and services meeting their unique language and
communication, literacy, academic, social and related
learning needs, including instruction which may be
needed by children without disabilities or with other
disabilities but which must be specifically designed,
modified, or delivered to meet the unique language and
communication and academic and related learning needs
of children who are deaf or hard of hearing;
``(B) there is sufficient availability of personnel
within the State qualified to provide the evaluation
and instruction described in subparagraph (A) to all
children within the State requiring such instruction;
and
``(C) all children who are deaf or hard of hearing
within the State who need special education and related
services, whether or not such children have other
disabilities, receive such instruction and are not
being served solely in accordance with section 504 of
the Rehabilitation Act of 1973 (29 U.S.C. 794).
``(2) Contents.--In preparing the addendum described in
paragraph (1), the State shall--
``(A) specifically address how the State meets the
needs of deaf and hard of hearing students to support
ongoing progress in language development, including
American Sign Language and spoken language with or
without visual supports, and including the provision of
school-related opportunities for direct communications
with peers and professional personnel in the child's
language and opportunities for direct instruction in
the child's language, as well as instruction in
audiology, age appropriate career education,
communication and language, social skills, functional
skills for academic success, self-determination and
advocacy (including preparation for transition to work
or higher education), social emotional skills,
technology, and support for the student through family
education; and
``(B) consult with individuals and organizations
with expertise in the education of children who are
deaf or hard of hearing, including parents, schools for
the deaf, consumer and advocacy organizations, State
commissions of the deaf, researchers, teachers of
students who are deaf or hard of hearing, and others
the State may identify.''.
SEC. 104. EVALUATIONS.
Section 614(b) (20 U.S.C. 1414(b)) is amended by adding at the end
the following:
``(7) Children who are deaf or hard of hearing.--
``(A) In general.--In conducting the assessments
prescribed in paragraph (3)(B), children who are deaf
or hard of hearing (including children who may have
additional disabilities) shall be evaluated on language
and communication proficiency levels, including
expressive, receptive, and pragmatic skills, and
ability to access grade level content in the student's
primary language, including American Sign Language and
spoken language with or without visual supports, and
written English. Determination of the need for special
education and related services shall include evaluation
of such children's unique learning needs, including
needs for direct communication, without an intermediary
such as an interpreter, with peers and professionals in
the child's primary language, including American Sign
Language and spoken language with or without visual
supports, and instruction which may be needed by
students without disabilities or with other
disabilities but which must be specifically designed,
modified, or delivered to meet the unique learning
needs of students who are deaf or hard of hearing.
``(B) Content of evaluations.--The evaluations
described in subparagraph (A) shall, at a minimum,
include evaluations assessing the need for services and
settings to assist the child in developing or
maintaining age appropriate language and communication
levels in the student's primary language, including
American Sign Language and spoken language with or
without visual supports, social development, literacy
instruction, instruction in assistive technology
proficiency, self sufficiency and interaction self
determination, socialization, recreation and fitness,
and independent living skills), and age appropriate
career education.''.
SEC. 105. INDIVIDUALIZED EDUCATION PROGRAM TEAM.
Section 614(d)(1)(B) (20 U.S.C. 1414(d)(1)(B)) is amended--
(1) in clause (v), by striking ``(vi);'' and inserting
``(vii);'';
(2) in clause (vi), by striking ``and'' at the end;
(3) by redesignating clause (vii) as clause (viii); and
(4) by inserting after clause (vi) the following:
``(vii) at the discretion of the parent or
the agency, a representative of a State-
operated, State-supported, or State-aided
school for the deaf; and''.
SEC. 106. CONSIDERATION OF SPECIAL FACTORS.
Section 614(d)(3)(B)(iv) (20 U.S.C. 1414(d)(3)(B)(iv)) is amended
to read as follows:
``(iv) in the case of a child who is deaf
or hard of hearing, provide for--
``(I) the child's language and
communication needs, opportunities for
direct communications, without an
intermediary such as an interpreter,
with peers and professional personnel
in the child's primary language,
including American Sign Language and
spoken language with or without visual
supports, academic level, and full
range of needs, including opportunities
for direct instruction in the child's
language; and
``(II) instruction meeting the
child's unique learning needs,
including services and settings to
assist the child in developing or
maintaining age appropriate language
and communication levels in the
student's primary language, including
American Sign Language and spoken
language with or without visual
supports, literacy instruction,
instruction which may be needed by
students without disabilities or with
other disabilities but which must be
specifically designed, modified, or
delivered to meet the unique learning
needs of students who are deaf or hard
of hearing. Such instruction includes
assistive technology proficiency; self
sufficiency and interaction, self
determination, socialization,
independent living skills, and age
appropriate career education;''.
SEC. 107. MONITORING.
Section 616(a) (20 U.S.C. 1416(a)) is amended by adding at the end
the following:
``(5) Enhanced monitoring of services for certain
students.--In carrying out the responsibilities of this
subsection, the Secretary shall specifically monitor compliance
with sections 612(a)(3), 612(a)(5), 614(b), and clauses (iii)
and (iv) of section 614(d)(3)(B), as such sections are amended
by the Alice Cogswell and Anne Sullivan Macy Act, and shall
regularly report findings to the Congress.''.
SEC. 108. CONTINUUM OF SERVICE DELIVERY OPTIONS.
(a) Ensuring Continuum Availability.--Section 612(a)(5) (20 U.S.C.
1412(a)(5)) is amended by adding at the end the following:
``(C) Continuum of alternative placements.--The
State shall ensure that a full continuum of alternative
placements is available to meet the needs of children
with disabilities for special education and related
services. Such continuum must include instruction in
regular classes, special classes, special schools, home
instruction, and instruction in hospitals and
institutions, and must make provision for supplementary
services (such as resource room or itinerant
instruction) to be provided in conjunction with regular
class placement.''.
(b) Maintenance of Specialized Services and Settings for Students
With Sensory Disabilities.--Section 612(a)(18) (20 U.S.C. 1412(a)(18))
is amended by adding at the end the following:
``(E) Maintaining a continuum of placement
options.--A State's closure of a special school serving
children who are blind or a special school serving
children who are deaf (or the consolidation or merger
of such school with another school), shall be
considered a reduction of the State's financial support
for special education and related services within the
meaning of subparagraph (A).''.
SEC. 109. TECHNICAL ASSISTANCE FOR PARENTS AND EDUCATORS OF STUDENTS
WHO ARE DEAF OR HARD OF HEARING.
Section 616 (20 U.S.C. 1416) is amended by adding at the end the
following:
``(j) Maintaining Current Deaf Students Education Service Policy
Guidance.--The Secretary shall ensure that not later than one year
after the date of the enactment of the Alice Cogswell and Anne Sullivan
Macy Act (and periodically thereafter but at least within five-year
intervals), policy guidance concerning the provision of special
education and related services to deaf and hard of hearing students
(published in the Federal Register on October 26, 1992) is reviewed and
updated (with particular attention to explanation of relevant
amendments to this Act or to its implementing regulations) and is
published in the Federal Register.''.
Subtitle B--Improving the Effectiveness of Early Intervention for Deaf
or Hard of Hearing Infants and Toddlers and Their Families
SEC. 111. QUALIFIED PERSONNEL.
Section 632(4)(F) (20 U.S.C. 1432(4)(F)) is amended--
(1) in clause (xi), by striking ``and'' at the end;
(2) in clause (xii), by adding ``and'' at the end; and
(3) by adding at the end the following:
``(xiii) teachers of infants and toddlers
with sensory disabilities;''.
SEC. 112. NATURAL ENVIRONMENT.
Section 632(4)(G) (20 U.S.C. 1432(4)(G)) is amended to read as
follows:
``(G) to the maximum extent appropriate, are
provided in natural environments, including the home,
and community settings in which children without
disabilities participate. For infants and toddlers with
sensory disabilities, such as deafness, blindness, or
deaf-blindness, the natural environment shall include--
``(i) specialized schools, centers, and
other programs where the child's language,
including American Sign Language and spoken
language with or without visual supports, is
the primary language and mode of communication;
or
``(ii) any other environment where services
meeting unique needs are available; and''.
SEC. 113. CONTENT OF PLAN.
Section 636(d)(3) (20 U.S.C. 1436(d)(3)) is amended by adding
before the semicolon at the end the following: ``and in the case of an
infant or toddler who is deaf or hard of hearing, a statement of the
ongoing language and communication assessment that will be provided to
the child, language and communication development goals commensurate
with the child's cognitive abilities, and a statement of the language
and communication access that will be provided, including ongoing
opportunities for direct language learning and communication access to
peers, early intervention service providers, and other professional
personnel in the child's language, including American Sign Language and
spoken language with or without visual supports; support and
instruction for families to learn and support the child's language and
communication mode; and the child's full range of needs''.
Subtitle C--National Activities To Improve Education of Children With
Disabilities
SEC. 121. PERSONNEL DEVELOPMENT TO IMPROVE SERVICES AND RESULTS FOR
CHILDREN WITH DISABILITIES.
(a) Licensing of Educational Interpreters.--Section 662(c)(2)(E)
(20 U.S.C. 1462(c)(2)(E)) is amended to read as follows:
``(E) Preparing personnel to be qualified
educational interpreters, as licensed by the
appropriate licensing body, to assist children with low
incidence disabilities, particularly deaf and hard of
hearing children, in school and school related
activities, and deaf and hard of hearing infants and
toddlers and preschool children in early intervention
and preschool programs.''.
(b) Ensuring Sufficient Teachers of the Deaf and Early Intervention
Specialists.--Section 662(c)(2) (20 U.S.C. 1462(c)(2)) is amended--
(1) by redesignating subparagraphs (F) and (G) as
subparagraphs (G) and (H), respectively; and
(2) by inserting after subparagraph (E) the following:
``(F) Preparing personnel to be qualified teachers
of the deaf and early intervention specialists, to
assist children with low incidence disabilities,
particularly deaf and hard of hearing children, to
develop age appropriate language, including American
Sign Language and spoken language with or without
visual supports, and age appropriate literacy skills in
school and school related activities, and deaf and hard
of hearing infants and toddlers and preschool children
in early intervention and preschool programs.''.
TITLE II--IMPROVING THE EFFECTIVENESS OF SPECIAL EDUCATION AND RELATED
SERVICES FOR STUDENTS WITH VISUAL DISABILITIES
Subtitle A--General Provisions
SEC. 201. FINDINGS.
The Congress finds the following:
(1) When renowned American author, Mark Twain, immortalized
Helen Keller's beloved teacher, Anne Sullivan Macy, with the
moniker ``the miracle worker'', his words, though meant as
well-deserved praise, reflect the misconception persisting even
today that educating individuals with disabilities is a nearly
insurmountable task requiring extraordinary feats performed by
exceptionally gifted and saintly persons. To be sure, the work
of teaching children with disabilities can and does occur when
committed and qualified but everyday special educators are
properly prepared and supported to practice their professions.
However, the educational systems within which they act must
also be held accountable for results.
(2) Research demonstrates that students with visual
disabilities are among the highest performing students with
disabilities in terms of academic achievement, and yet they are
among the least employed, even after successful accomplishment
of post-secondary academic objectives. Many factors contribute
to this unacceptable inequity, including employer
discrimination, low expectations of people with disabilities
generally, and a lack of student preparation for the work world
and full participation in society.
(3) It is clear that America's special education system
needs to be improved if the most successful academic achievers
are to leave school prepared to be independent and productive
citizens who can participate fully in the American dream. Such
improvements must better account for the distinct academic and
related learning needs of students with visual disabilities who
can only succeed both when visual-disabilities-specific skills
are taught and when generally-needed skills are taught in a
manner that addresses, rather than ignores, the unique ways in
which students with visual disabilities learn.
(4) A principal way that students without visual
disabilities acquire knowledge and skills is through incidental
learning, the process of observing others and the environment
that occurs naturally at home, at school and in community, and
deficits in incidental learning leave students with visual
disabilities behind in the acquisition of an array of skill
areas. In addition to core academics such as reading,
mathematics and science, students with visual disabilities must
also receive instruction in the so-called expanded core
curriculum, a comprehensive array of specialized instruction
and services maximizing the capacity of students with visual
disabilities to learn effectively and live both productively
and independently. The expanded core curriculum includes
instruction in communication and productivity (including
Braille instruction, and assistive technology proficiency
inclusive of low vision devices); self-sufficiency and
interaction (including orientation and mobility, self
determination, sensory efficiency, socialization, recreation
and fitness, and independent living skills); and age
appropriate career education.
(5) Special education teachers, such as teachers of
students with visual impairments (TVIs), partner with related
services personnel, such as orientation and mobility
instructors, and general educators to provide students with
disabilities individualized quality academic and related
instruction to position students, to the maximum extent
possible, for successful transition to post-school independent
living, societal integration, and employment. To do their jobs
well, TVIs and their colleagues in related services must be
both initially properly trained and continually supported
through readily available resources and continuing education to
assist them in dealing with the constant evolution in
instructional methods, the vast diversity of the population
with which they work, enormous case loads, and the scarcity of
time to devote necessary individualized attention to each
student with visual disabilities. Both the need for an expanded
variety of continuing education opportunities for TVIs and the
need for preparation programs producing personnel who can serve
the full diversity of needs within the population of students
with visual disabilities have been well documented.
(6) Since the 1997 reauthorization of the Individuals with
Disabilities Education Act (IDEA), students who are blind have
been entitled to instruction in Braille and use of Braille
unless the individualized education program (IEP) team makes an
affirmative determination that such instruction is not
appropriate for a given student. Nevertheless, it has been
forcefully argued that few students today who should be
receiving instruction in Braille are indeed receiving it and
that this lack of Braille instruction contributes mightily to
the inability of graduates with visual disabilities to
participate fully in the workforce. Since the U.S. Department
of Education does not require State and local educational
agencies to fully and accurately account for their legal
obligations to provide Braille instruction to each student for
whom such instruction is appropriate, it is not possible to
confirm systemically whether such agencies are in compliance
with current law. Given that students with visual disabilities
require more support than they are currently receiving
nationally to acquire services and skills comprising the
expanded core curriculum, and given that provision of currently
required instruction for such students, such as Braille, cannot
be adequately assured, IDEA must be strengthened and
supplemented to ensure that students with visual disabilities
truly receive a free and appropriate public education.
(7) A prerequisite to better meeting these demonstrable
needs is every State and local educational agency's
identification and proper evaluation of each student who
experiences visual disability, regardless of whether such
student may have other, even potentially more significant,
disabilities. While IDEA does not mandate that State and local
educational agencies classify students into specific disability
categories, the widespread use of IDEA's disability categories
has led to a sizable undercount of students with visual
disabilities and, consequently, a lack of recognition of the
extent of the systemic need for the delivery of appropriate
instructional services provided by personnel initially trained
and continually supported to meet such students' unique
educational needs. Indeed, while research supports the
contention that more than 100,000 students nationally who have
visual disabilities require special education and related
services, the Department of Education routinely reports the
size of this population at one third such census. This occurs
in large measure because students who are blind or visually
impaired who also have additional disabilities are frequently
formally classified by State and local educational agencies as
having multiple disabilities. Consequently, such students'
visual disabilities are not fully acknowledged either in terms
of educational agency recognized need for personnel trained to
serve such students, or in terms of an individual student's
need for the services of such personnel.
(8) It is critical that State and local educational
agencies be better prepared to meet these largely unmet needs.
To reach this goal, TVIs and their colleagues in related
services must be better supported to provide the full array of
specialized instruction and services required by students with
visual disabilities. Proper assessment of the unique needs of
students with visual disabilities, along with proper deployment
of specialized instruction and interventions, must keep pace
with the most current educational theories and practices and be
based on the best available evidence. Significantly greater
accountability for results for students with visual
disabilities, including those with additional disabilities,
must be built into America's special education system if
students with visual disabilities are to succeed as they can
and must. And it is imperative that all students with visual
disabilities, regardless of disability category, are identified
and their learning needs fully accounted for.
(9) While examples of contexts do exist around the country,
from specialized schools to neighborhood schools, demonstrating
successful provision of a full range of services and
instruction meeting the unique needs of students with visual
disabilities, the services and instruction afforded by such
exemplary programs are far from nationally consistent and must
be recognized and modeled. To replicate and build on these
successes, a national resource is needed to supplement the work
of State and local educational agencies through student
enrichment activities, to support TVIs and related services
personnel through state-of-the-art continuing education
opportunities, and to spur the further advancement of
instructional services for students with visual disabilities
through scientific research and evidence-based best practices.
(10) While these clarifications and enhancements must be
made, it is vital that existing high quality resources be
preserved and leveraged so that students with visual
disabilities do not fall farther behind. Specialized schools
for children who are blind must be expected to perform but must
not fall victim to mere State budget expediency. Both special
schools and center-based programs serving children with visual
disabilities should be tapped for the expert personnel and
services such resources can offer, and IDEA's worthy policy
objective to ensure the full integration of children with
disabilities ought not be allowed to frustrate the delivery of
all appropriate services to children with unique needs.
SEC. 202. IDENTIFYING STUDENTS WITH VISUAL DISABILITIES.
(a) Serving All Children With Visual Disabilities Regardless of
Classification.--Section 612(a)(3) (20 U.S.C. 1412(a)(3)), as amended
by section 102 of this Act, is further amended at the end by adding the
following new subparagraph:
``(D) Serving children with visual disabilities.--
When a State classifies children by disability, the
State, in complying with subsection (a), identifies,
locates and evaluates children with visual disabilities
who are, or may be, classified in a disability category
other than blindness and provides (without prejudice to
such classification) special education and related
services to such children, including such services
determined appropriate based on proper evaluation as
would be provided to children classified in the State
as having blindness.''.
(b) Data Collection and Reporting.--Section 618 (20 U.S.C. 1418),
as amended by section 102 of this Act, is further amended by adding at
the end the following:
``(f) Accounting for Visual Disabilities.--In addition to the data
collection and reporting requirements of subsections (a) through (d)
and subject to such provisions, the State and the Secretary of the
Interior shall, with respect to children classified in a disability
category other than blindness, include the number and percentage of
such children in each disability category who are also blind or
otherwise have visual disabilities.''.
SEC. 203. STATE PLANS.
Section 612 (20 U.S.C. 1412), as amended by section 103 of this
Act, is further amended at the end by adding the following:
``(h) Addendum Concerning Students With Visual Disabilities.--
``(1) In general.--Notwithstanding the provisions of
subsection (c), a State shall not be deemed in compliance with
this section unless, not later than 2 years after the date of
the enactment of the Alice Cogswell and Anne Sullivan Macy Act,
the State files with the Secretary a written addendum to the
plan required by this section describing how the State ensures
that--
``(A) children with visual disabilities (regardless
of the State's use of disability categories or the
extent to which children with visual disabilities may
be classified in disability categories other than
blindness) are evaluated for such children's need for
instruction and services meeting their unique academic
and related learning needs, including instruction which
may be needed by children without disabilities or with
other disabilities but which must be specifically
designed, modified, or delivered to meet the unique
academic and related learning needs of children with
visual disabilities;
``(B) there is sufficient availability of personnel
within the State qualified to provide the instruction
described in subparagraph (A) to all children within
the State requiring such instruction; and
``(C) all children with visual disabilities within
the State who need special education and related
services, whether or not such children have other
disabilities, receive such instruction and are not
being served solely in accordance with section 504 of
the Rehabilitation Act of 1973 (29 U.S.C. 794).
``(2) Contents.--In preparing the addendum described in
paragraph (1), the State shall--
``(A) specifically address how the State meets the
needs of students with visual disabilities for
instruction in communication and productivity
(including Braille instruction and assistive technology
proficiency); self-sufficiency and interaction
(including orientation and mobility, self-
determination, sensory efficiency, socialization,
recreation and fitness, and independent living skills);
and age appropriate career education;
``(B) describe both the methods to be used within
the State to properly evaluate students' need for low
vision devices and the process by which such devices
will be provided to each student for whom such devices
are determined appropriate by the IEP team; and
``(C) consult with individuals and organizations
with expertise in the education of children with visual
disabilities, including parents, consumer and advocacy
organizations, and teachers of students with visual
impairments and others the State may identify.''.
SEC. 204. EVALUATIONS.
Section 614(b) (20 U.S.C. 1414(b)), as amended by section 104 of
this Act, is further amended by adding at the end the following new
paragraph:
``(8) Visual disabilities.--
``(A) In general.--In conducting the assessments
prescribed in paragraph (3)(B), determination of the
need of children with visual disabilities (including
children who may have additional disabilities) for
special education and related services shall include
evaluation of such children's unique learning needs,
including needs for instruction which may be needed by
students without disabilities or with other
disabilities but which must be specifically designed,
modified, or delivered to meet the unique learning
needs of students with visual disabilities.
``(B) Content of evaluations.--The evaluations
described in subparagraph (A) shall, at a minimum,
include evaluations assessing the need for instruction
in assistive technology proficiency (inclusive of low
vision devices), self sufficiency and interaction
(including orientation and mobility, self
determination, sensory efficiency, socialization,
recreation and fitness, and independent living skills),
and age-appropriate career education.''.
SEC. 205. CONSIDERATION OF SPECIAL FACTORS.
Section 614(d)(3)(B)(iii) (20 U.S.C. 1414(d)(3)(B)(iii)) is amended
to read as follows:
``(iii) in the case of a child who is blind
or visually impaired, provide for--
``(I) instruction in Braille and
the use of Braille unless the IEP Team
determines, after an evaluation of the
child's reading and writing skills,
needs, and appropriate reading and
writing media (including an evaluation
of the child's future needs for
instruction in Braille or the use of
Braille), that instruction in Braille
or the use of Braille is not
appropriate for the child; and
``(II) instruction meeting the
child's unique learning needs,
including instruction which may be
needed by students without disabilities
or with other disabilities but which
must be specifically designed,
modified, or delivered to meet the
unique learning needs of students with
visual disabilities. Such instruction
includes assistive technology
proficiency (inclusive of low vision
devices); self sufficiency and
interaction (including orientation and
mobility, self determination, sensory
efficiency, socialization, recreation
and fitness, and independent living
skills); and age appropriate career
education;''.
SEC. 206. TECHNICAL ASSISTANCE FOR PARENTS AND EDUCATORS OF STUDENTS
WITH VISUAL DISABILITIES.
Section 616 (20 U.S.C. 1416), as amended by section 109, is further
amended by adding at the end the following:
``(k) Maintaining Current Policy Guidance for Parents and Educators
of Students With Visual Disabilities.--The Secretary shall ensure that
not later than 1 year after the date of the enactment of the Alice
Cogswell and Anne Sullivan Macy Act (and periodically thereafter but at
least within 5-year intervals), policy guidance concerning the
provision of special education and related services to students with
visual disabilities (last published in the Federal Register on June 8,
2000) is reviewed and updated (with particular attention to explanation
of relevant amendments to the Alice Cogswell and Anne Sullivan Macy Act
or to its implementing regulations) and is published in the Federal
Register.''.
Subtitle B--Anne Sullivan Macy Center on Visual Disability and
Educational Excellence
SEC. 211. CENTER ESTABLISHMENT AND MISSION.
(a) Establishment.--There is established within the Department of
Education a national program named the Anne Sullivan Macy Center on
Visual Disability and Educational Excellence which shall carry out the
activities described in section 213 in furtherance of the mission
described in subsection (b).
(b) Mission.--The mission of the program established in subsection
(a) is to improve the capacity of students with visual disabilities
receiving special education and related services to learn effectively
and live both productively and independently through--
(1) development and dissemination of curricula, courses,
materials, and methods supporting the continuing education of
personnel qualified under State law to serve as teachers of
students with visual impairments and related services personnel
serving such children;
(2) support for the establishment of new programs within
institutions of higher education to prepare teachers of
students with visual impairments to serve students with visual
disabilities who also have additional disabilities;
(3) model local, regional, and national enrichment projects
open to students with visual disabilities intended to
supplement State and local educational agency provision of
specialized instruction and services meeting such students'
unique learning needs; and
(4) research identifying, developing, and evaluating valid
assessments and effective interventions measuring and
addressing the unique needs of students with visual
disabilities, including need for instruction and services which
may be needed by students without disabilities or with other
disabilities but which must be specifically designed, modified,
or delivered to meet the unique learning needs of students with
visual disabilities. At a minimum, such instruction and
services include communication and productivity (including
braille instruction, and assistive technology proficiency
inclusive of low vision devices); self-sufficiency and
interaction (including orientation and mobility, self-
determination, sensory efficiency, socialization, recreation
and fitness, and independent living skills); and age
appropriate career education.
SEC. 212. ADMINISTRATION; ELIGIBILITY; GOVERNANCE; STRUCTURE.
(a) Administration.--To carry out the provisions of section 211,
the Secretary of Education shall enter into a contract or cooperative
agreement (of no less than 5 years in duration) with a consortium of
entities described in subsection (b) which shall, with oversight by the
Secretary, have primary responsibility for administering the program
described in this subtitle. The Secretary shall have ongoing authority
to enter into such contracts or cooperative agreements.
(b) Eligibility.--The consortium of entities described in
subsection (a) shall include--
(1) at least two national nonprofit organizations with
demonstrated experience publishing materials, offering direct
professional development opportunities, and disseminating
course curricula supporting the preparation or continuing
education of teachers of students with visual impairments and
related services personnel;
(2) at least one national nonprofit organization (which may
include a special school serving students who are blind) with
demonstrated experience directly serving students with visual
disabilities (including students who may or may not have
additional disabilities) through in-person instruction and
services meeting their unique learning needs;
(3) at least one institution of higher education that--
(A) has consistently maintained for at least ten
years a program of instruction preparing teachers of
students with visual impairments or orientation and
mobility instructors;
(B) offers a program of doctoral study in special
education; and
(C) maintains a Carnegie Classification as a
Doctoral Research University; and
(4) any other entity or entities with which the entities
described in paragraphs (1), (2), and (3) choose to partner
(with approval of the Secretary).
(c) Governance.--As part of the Secretary's oversight
responsibilities, the Secretary shall appoint an advisory board (of no
more than 12 individual members who do not have a concurrent fiscal,
fiduciary, or employment relationship with any of the entities
comprising the consortium described in subsection (b)) which shall
advise the Secretary and such consortium of entities with respect to
strategic planning and annual program performance. The advisory board
shall be comprised of individuals with personal or professional
experience with the needs of students with visual disabilities and
shall include parents of students with visual disabilities,
administrators of special education programs, and representatives of
national organizations of individuals who are blind or visually
impaired. The Secretary is authorized to compensate the members of the
advisory board for reasonable expenses incurred for travel related to
in-person meetings of the advisory board which shall occur no more
frequently than three times within a calendar year. The provisions of
the Federal Advisory Committee Act shall not apply to meetings or other
activities of the advisory board. Prior to the appointment of any
individual to the advisory board, the Secretary shall consult with such
consortium of entities which may also nominate individuals to the
Secretary for advisory board membership.
(d) Structure.--The Secretary, as part of the contract or
cooperative agreement described in subsection (a), shall ensure that
such contract or cooperative agreement specifies any and all necessary
fiscal and other responsibilities between and among the entities
described in subsection (b) whom shall propose such responsibilities to
the Secretary in an application for award of such contract or
cooperative agreement containing such information as the Secretary may
require.
SEC. 213. ACTIVITIES.
Subject to the provisions of this subtitle, the Anne Sullivan Macy
Center on Visual Disability and Educational Excellence is authorized--
(1) to conduct or fund original quantitative and
qualitative research and publish or otherwise disseminate such
research;
(2) to conduct or fund in-person and on-line continuing
education opportunities for teachers of students with visual
impairments and related services personnel specifically trained
to meet the unique learning needs of such students, and
prepare, publish or otherwise disseminate supporting materials;
(3) to conduct or fund in-person or online enrichment
projects for students with visual disabilities (including those
who may also have additional disabilities) to offer direct
instruction and services intended to improve the capacity of
such students to learn effectively and live both productively
and independently for the purpose of--
(A) supplementing the availability of such
instruction and services offered by State and local
educational agencies; and
(B) evaluating, through appropriate quantitative
and qualitative methods, the effectiveness of
instruction and services offered by such projects;
(4) to fund, in accordance with regulations otherwise
applicable to personnel preparation programs supported under
part D of the Individuals with Disabilities Education Act (20
U.S.C. 1450 et seq.), the establishment of programs within
institutions of higher education preparing teachers of students
with visual impairments (which have not been previously funded
under such Part) to specifically prepare such teachers to
provide expert instruction to students with visual disabilities
who also have additional disabilities; and
(5) enter into cooperative agreements, contracts, grants
(or other arrangements which may be permitted by the Secretary)
with nonprofit organizations possessing demonstrable expertise
and experience serving students with visual disabilities or the
professionals trained to work with such students, institutions
of higher education, State and local educational agencies,
public and private specialized schools serving students with
visual disabilities, and consortia of such entities, for the
purpose of carrying out activities authorized in this
subsection that are not otherwise directly conducted, in whole
or in part, by the Anne Sullivan Macy Center.
SEC. 214. AUTHORIZATION OF APPROPRIATIONS AND CARRYOVER.
(a) Authorization of Appropriations.--To carry out the provisions
of this subtitle, there are authorized to be appropriated such sums as
may be necessary, provided that for fiscal year 2015 and for each
succeeding fiscal year, the amount appropriated shall be an amount
equal to no less than 0.2 percent of funds appropriated in the previous
fiscal year for grants to States under part B of the Individuals with
Disabilities Education Act.
(b) Carryover.--Funds appropriated pursuant to subsection (a) that
have not been expended during the fiscal year for which they were
appropriated shall remain available in the subsequent fiscal year,
provided that no more than 15 percent of a given fiscal year's
appropriation may be so carried over.
SEC. 215. RELATIONSHIP TO OTHER PROGRAMS AND ACTIVITIES.
(a) Maximizing Resources.--No funds made available pursuant to
subtitle may be used to fund programs or activities otherwise
concurrently funded under parts D and E of the Individuals with
Disabilities Education Act.
(b) Coordination of Research.--The Secretary shall ensure that
research activities authorized and carried out pursuant to this title
are conducted or funded in coordination as appropriate with the
National Center for Special Education Research and other divisions
within the Department of Education responsible for research activities.
(c) Relationship to Services Offered by the American Printing House
for the Blind.--Nothing in this subtitle shall be construed to limit or
otherwise condition the use of any funds appropriated pursuant to
chapter 6 of title 20, United States Code, and no funds made available
pursuant to this subtitle shall be used by any State or local
educational agency to supplant the use of funds appropriated under such
chapter.
(d) Relationship to Funding for Deaf-Blind Education and for the
Helen Keller National Center.--The Secretary shall ensure that any
activities conducted or funded by the Anne Sullivan Macy Center
directly serving individuals who are deaf-blind are coordinated as
appropriate with the Helen Keller National Center. No funds made
available pursuant to this title may be used to support activities that
are otherwise the sole responsibility of the Helen Keller National
Center or may be used to supplant funds for such Center. The Secretary
shall ensure that no funds made available pursuant to this title are
used to support activities that are to be funded pursuant to section
682(d)(1)(A) of the Individuals with Disabilities Education Act (20
U.S.C. 1482(d)(2)(A)).
(e) Work Product.--All matter produced by the Anne Sullivan Macy
Center shall be the property of the United States, except that entities
comprising the consortium of entities described in section 212(b) shall
be individually free, within the terms of the contract or cooperative
agreement described in section 212(a), to reproduce, or author
copyrighted derivative works using, such matter.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
Referred to the Subcommittee on Early Childhood, Elementary, and Secondary Education.
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