Alice Cogswell and Anne Sullivan Macy Act
This bill expands special education and related services for children and youth who are deaf, hard of hearing, deafdisabled, blind, visually impaired, or deafblind.
The bill establishes additional requirements for states to identify and evaluate children who are deaf, hard of hearing, deafdisabled, blind, visually impaired, or deafblind.
A state's closure of a specialized school serving children who are blind or deaf shall count as a reduction of its financial support for special education and related services.
The bill also authorizes support, including grants for training special education personnel, to be used in preparing individuals to become qualified teachers and early intervention specialists for children who are deaf, hard of hearing, deafdisabled, or deafblind.
The bill establishes within the Department of Education the Anne Sullivan Macy Center on Visual Disability and Educational Excellence to better support students with visual disabilities.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5748 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 5748
To promote and ensure delivery of high-quality special education and
related services to children and youth who are blind or visually
impaired, deaf, hard of hearing, deafdisabled, or deafblind through
instructional methodologies meeting their unique language and learning
needs, to enhance accountability for the provision of such services,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 27, 2023
Mr. Cartwright (for himself, Mr. Bowman, Ms. Malliotakis, Mr. Raskin,
Mr. Carbajal, Ms. Moore of Wisconsin, Mr. Doggett, Ms. Wild, Ms. Bush,
Mr. Takano, Mr. Casten, Mr. Morelle, Ms. Norton, Mr. Moulton, Ms. Ross,
Mr. Cardenas, Mr. Swalwell, Ms. Schakowsky, Mr. Allred, Mr. Trone, Mr.
Tonko, Mr. Davis of North Carolina, Ms. Crockett, Ms. Sewell, Ms.
Tlaib, Mr. Evans, Mr. Grijalva, Mr. Johnson of Georgia, Mr. Rutherford,
Mr. Peters, Mrs. Napolitano, Mr. Harder of California, Ms. Lee of
Pennsylvania, Ms. Salinas, Mr. Molinaro, Mr. Fitzpatrick, Mr. Carter of
Texas, Mr. McGarvey, Mr. Lieu, Ms. Meng, and Mr. Carson) 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 children and youth who are blind or visually
impaired, deaf, hard of hearing, deafdisabled, or deafblind through
instructional methodologies meeting their unique language and 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.
Sec. 3. Findings.
Sec. 4. Definitions.
TITLE I--IMPROVING THE EFFECTIVENESS OF SPECIAL EDUCATION AND RELATED
SERVICES FOR CHILDREN AND YOUTH WHO ARE DEAF, HARD OF HEARING, OR
DEAFDISABLED
Subtitle A--General Provisions
Sec. 101. Identifying children and youth who are deaf, hard of hearing,
or deafdisabled.
Sec. 102. State plans.
Sec. 103. Evaluations.
Sec. 104. Individualized education program team.
Sec. 105. Consideration of special factors.
Sec. 106. Monitoring.
Sec. 107. Continuum of service delivery options.
Sec. 108. Technical assistance for parents and educators of children
and youth who are deaf, hard of hearing, or
deafdisabled.
Subtitle B--Improving the Effectiveness of Early Intervention for Deaf,
Hard of Hearing, or Deafdisabled 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 CHILDREN AND YOUTH WHO ARE BLIND OR VISUALLY IMPAIRED
Subtitle A--General Provisions
Sec. 201. Identifying children and youth who are blind or visually
impaired.
Sec. 202. State plans.
Sec. 203. Evaluations.
Sec. 204. Consideration of special factors.
Sec. 205. Technical assistance for parents and educators of children
and youth who are blind or visually
impaired.
Sec. 206. Related services.
Sec. 207. Personnel development to improve services and results for
children with blindness or visual
impairment.
Sec. 208. Clarifying eligible users of accessible instructional
materials.
Subtitle B--Specialized Early Childhood Intervention Services to
Infants and Toddlers Who Are Blind or Visually Impaired
Sec. 209. Content of plan.
Subtitle C--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.
TITLE III--IMPROVING THE EFFECTIVENESS OF SPECIAL EDUCATION AND RELATED
SERVICES FOR CHILDREN AND YOUTH WHO ARE DEAFBLIND
Subtitle A--General Provisions
Sec. 301. Identifying children and youth who are deafblind.
Sec. 302. Related services.
Sec. 303. State plans.
Sec. 304. Evaluations.
Sec. 305. Consideration of special factors.
Sec. 306. Technical assistance for parents and educators of children
and youth who are deafblind.
Sec. 307. Conforming regulations.
Subtitle B--Improving the Effectiveness of Early Intervention for
Infants and Toddlers Who Are Deafblind and Their Families
Sec. 311. Content of plan.
Subtitle C--National Activities To Improve the Education of Children
With Disabilities
Sec. 321. Personnel development to improve services and results for
children with disabilities; ensuring
sufficient teachers of children who are
deafblind, interveners, and early
intervention specialists.
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 children and youth who are
blind or visually impaired, deaf, hard of hearing,
deafdisabled, or deafblind through specialized instructional
services and methodologies designed to meet their unique
language and learning needs.
(2) To better ensure delivery of high-quality early
intervention services to children and youth who are deaf, hard
of hearing, deafdisabled, or deafblind, and their families,
through specialized services and methodologies designed to meet
their unique language 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 children and youth who are blind or
visually impaired.
(4) To enhance accountability for the provision of such
services.
(5) To support the development of personnel serving
children and youth who are blind or visually impaired, deaf,
hard of hearing, deafdisabled, or deafblind.
SEC. 3. FINDINGS.
Congress finds the following:
(1) When American author, Mark Twain, immortalized Helen
Keller's teacher, Anne Sullivan Macy, with the moniker ``the
miracle worker'', his words, though meant as praise, reflect
the misconception that educating individuals with disabilities
is a nearly insurmountable task requiring extraordinary feats
performed by gifted and saintly persons. Rather, 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.
Yet, the educational systems within which they act must also be
held accountable for results.
(2) In 1817, Thomas Hopkins Gallaudet and a deaf teacher,
Laurent Clerc, opened the first school in the United States for
deaf students--the American School for the Deaf--with young
Alice Cogswell as its first pupil. Ultimately the school grew
into a national institution and the mother of many other
schools. As Alice demonstrated, deaf, hard of hearing, or
deafdisabled children can learn and achieve to high levels when
they have full access to language, are taught by professionals
with specialized training, and have access to educational
placements that recognize and provide for their language,
social-emotional, and academic needs.
(3) Deaf, hard of hearing, and deafdisabled children who
are identified early and receive appropriate early intervention
from specialized, qualified providers achieve higher academic
and language outcomes. However, as of the date of enactment of
this Act, early intervention services often are limited to one
language, many children are lost to follow up, and there are
severe shortages of specialized early intervention
professionals, resulting in many deaf, hard of hearing, and
deafdisabled children not reaching their appropriate milestones
and experiencing language deprivation, impacting their full
lives.
(4) Research demonstrates that children and youth who are
blind or visually impaired 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 postsecondary academic objectives.
(5) Likewise, children and youth who are deafblind have the
same capacity to learn and achieve as any other children.
However, they must have ongoing access to the same
environmental and educational information that their sighted
and hearing peers can access automatically. These children
require direct learning experiences, including hands-on
experiences and intense involvement in educational routines and
activities. They must receive specialized direct instruction in
their accessible language in a range of academic and functional
areas.
(6) Children and youth who are deaf, hard of hearing,
deafdisabled, or deafblind require more language access and
support to acquire skills than they are, as of the date of
enactment of this Act, predominantly receiving in local school
districts struggling to find qualified personnel, so that such
individuals risk experiencing language deprivation. It has been
the 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''.
(7) Moreover, a principal way that sighted and hearing
children and youth acquire knowledge and skills is through
incidental learning, naturally observing others and the
environment. Deficits in incidental learning leave children and
youth with sensory disabilities behind in an array of skill
areas. In addition to core academics, deaf, hard of hearing,
and deafdisabled children and youth, for example, must also
receive specialized instruction and services designed to
maximize their capacity to learn effectively and live
productively and independently. Similarly, children and youth
who are blind or visually impaired must also receive
instruction in the expanded core curriculum, a comprehensive
array of specialized instruction and services maximizing the
capacity of children and youth who are blind or visually
impaired to learn effectively and live productively and
independently.
(8) The widespread use by States of the Individuals with
Disabilities Education Act's disability categories has led to a
sizable undercount of children and youth with sensory
disabilities and, consequently, a lack of recognition of the
extent of the systemic need for the delivery of appropriate
instructional services meeting their unique needs. This occurs
in large measure because children and youth with sensory
disabilities who also have additional disabilities are
frequently formally classified as having multiple disabilities.
Consequently, their vision, hearing, or concomitant vision and
hearing disabilities and related support needs are not fully
acknowledged.
(9) It also must be acknowledged and recognized that the
population of deaf, hard of hearing, or deafdisabled children
and youth is inherently diverse, with 55 percent or more being
children of color. In contrast, less than 10 percent of
personnel, including teachers of deaf, hard of hearing, or
deafdisabled children and youth, and interpreters, are people
of color.
(10) Qualified teachers of the deafblind are needed to
assist children and youth who are deafblind in schools and
school-related activities. Also needed are qualified
interveners, who work one-to-one with children and youth who
are deafblind and who have training and specialized skills in
deafblindness. Interveners play a critical role in the
provision of a Free and Appropriate Public Education for
children and youth who are deafblind, because they provide
access to the information needed for learning and conceptual
understanding, facilitate communication development, and
promote social and emotional well-being.
(11) A national resource in blindness and visual impairment
is needed--
(A) to supplement the work of State and local
educational agencies through student enrichment
activities;
(B) to support teachers of children and youth who
are blind or visually impaired and related services
personnel through state-of-the-art continuing education
opportunities; and
(C) to spur the further advancement of
instructional services for children and youth who are
blind or visually impaired through scientific research
and evidence-based best practices.
SEC. 4. DEFINITIONS.
For purposes of this Act:
(1) The term ``deafblind'', when applied to an individual,
means the individual has concomitant hearing and visual
impairments, the combination of which--
(A) prevents access to information;
(B) causes severe communication challenges;
(C) interferes with social and emotional well-
being; and
(D) impacts other developmental areas in a manner
that adversely affect a child's educational performance
(including children who are deafblind with additional
disabilities).
(2) The term ``deafdisabled'', when applied to an
individual, means the individual is deaf and also has at least
one other disability, but excludes individuals who are
deafblind.
TITLE I--IMPROVING THE EFFECTIVENESS OF SPECIAL EDUCATION AND RELATED
SERVICES FOR CHILDREN AND YOUTH WHO ARE DEAF, HARD OF HEARING, OR
DEAFDISABLED
Subtitle A--General Provisions
SEC. 101. IDENTIFYING CHILDREN AND YOUTH WHO ARE DEAF, HARD OF HEARING,
OR DEAFDISABLED.
(a) Serving All Children Who Are Deaf, Hard of Hearing, or
Deafdisabled 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, hard of
hearing, or deafdisabled.--When a State classifies
children by disability, the State, in complying with
subsection (a)--
``(i) identifies, locates and evaluates
children who are deaf, hard of hearing, or
deafdisabled who are, or may be, classified in
a disability category other than deaf, hard of
hearing, or deafdisabled;
``(ii) provides (without prejudice to such
classification) special education and related
services to such children, including the
specific services determined appropriate based
on proper evaluation as would be provided to
children classified in the State as deaf or
hard of hearing; and
``(iii) ceases to use vague other
terminology, such as `hearing impaired',
`section 504 student', or `having a
communication disorder'.''.
(b) Data Collection and Reporting.--Section 618 (20 U.S.C. 1418) is
amended--
(1) by striking subsection (a)(1)(A)(iii) and inserting the
following:
``(iii) In separate classes, separate schools or
facilities, or public or private residential
facilities, with the exception of deaf, hard of
hearing, deafdisabled, and deafblind students due to
their being low-incidence and benefiting from
specialized language instruction and access.'';
(2) in subsection (c), by inserting ``and funding to
appropriate entities'' after ``States''; and
(3) by adding at the end the following:
``(e) Accounting for Children Who Are Deaf, Hard of Hearing, or
Deafdisabled.--In addition to the other data collection and reporting
requirements of this section 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, hard of hearing, or deafdisabled
and their avenue of access to American Sign Language, whether it be via
an interpreter, a teacher of the deaf, or expressly waived by the
parents.''.
(c) Child With a Disability.--Section 602(3)(A)(i) (20 U.S.C.
1401(3)(A)(i)) is amended--
(1) by inserting ``who is deaf, hard of hearing, or
deafdisabled or'' before ``with intellectual disabilities,'';
and
(2) by striking ``hearing impairments (including
deafness),''.
SEC. 102. STATE PLANS.
Section 612 (20 U.S.C. 1412) is amended by adding at the end the
following:
``(g) Addendum Concerning Children Who Are Deaf, Hard of Hearing,
or Deafdisabled.--
``(1) In general.--Notwithstanding the provisions of
subsection (c), a State shall not be determined to be 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 who are deaf, hard of hearing, or
deafdisabled (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, 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 academic and related learning needs of
children who are deaf, hard of hearing, or
deafdisabled;
``(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, hard of hearing,
or deafdisabled within the State who need special
education and related services receive instruction in
American Sign Language unless expressly waived by the
child's parents 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, hard of hearing, and deafdisabled
students to support appropriate, measurable progress in
language development, including American Sign Language
and written language with or without speech therapy,
and including the provision of school-related
opportunities for direct interactions 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, 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, hard of hearing, or deafdisabled, including
parents, schools for the deaf, consumer and advocacy
organizations, State commissions of the deaf,
researchers, teachers of students who are deaf, hard of
hearing, or deafdisabled and others the State may
identify.''.
SEC. 103. EVALUATIONS.
(a) Evaluation Procedures.--Section 614(b) (20 U.S.C. 1414(b)) is
amended by adding at the end the following:
``(7) Children who are deaf, hard of hearing, or
deafdisabled.--
``(A) In general.--In conducting the assessments
prescribed in paragraph (3)(B), children who are deaf,
hard of hearing, or deafdisabled shall be evaluated on
language 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 if appropriate,
written language with or without visual supports or
hearing assistance technology. Determination of the
need for special education and related services shall
include evaluation of such children's unique learning
needs, including opportunities for direct language
access, without an intermediary such as an interpreter,
with peers and professionals in the child's primary
language, including American Sign Language and, if
appropriate, 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 linguistic
needs of students who are deaf, hard of hearing, or
deafdisabled.
``(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 milestones in the child's
primary language, including American Sign Language and
written language with or without speech therapy, social
development, literacy instruction, instruction in
assistive technology proficiency, self sufficiency and
self-determination, socialization, recreation and
fitness, independent living skills, and age-appropriate
career education.''.
(b) Individualized Education Programs.--Section 614(d)(1)(A) (20
U.S.C. 1414(d)(1)(A)) is amended--
(1) in clause (i)--
(A) in subclause (VII), by striking ``and'' at the
end;
(B) in subclause (VIII), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(IX) the projected date for the
beginning of the services and
modifications described in subclause
(IV), the anticipated frequency,
location, and duration of those
services and modifications.''; and
(2) by adding at the end the following:
``(iii) Rule regarding a school for the
deaf.--If a student is placed at a school for
the deaf, the school may provide documentation
of how its teachers are trained specifically to
educate deaf and hard of hearing students, and
as a result, will not be required to provide
individualized education plans unless the
student is deafdisabled.''.
SEC. 104. 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. 105. 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) consider the linguistic needs of the
child, and in the case of a child who is deaf,
hard of hearing, or deafdisabled provide for--
``(I) the child's language and
access, 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, if appropriate,
spoken language with or without visual
supports, academic level, and full
range of needs, including ensuring
opportunities for direct instruction in
the child's language; and
``(II) instruction--
``(aa) meeting the child's
unique learning needs,
including services and settings
to assist the child in
developing or maintaining age-
appropriate language milestones
in the child's primary
language, American Sign
Language and written language
with or without speech therapy,
literacy instruction,
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 learning needs of
children who are deaf, hard of
hearing, or deafdisabled; and
``(bb) that includes
assistive technology
proficiency, self sufficiency
and self-determination,
socialization, recreation and
fitness, independent living
skills, and age-appropriate
career education; and''.
SEC. 106. 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 Congress.''.
SEC. 107. 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 shall include instruction in
regular classes, specialized classes, specialized
schools, home instruction, and instruction in hospitals
and institutions, and shall make provision for
supplementary services (such as a 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.--For purposes of subparagraph (A), a State's
closure of a specialized 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 resulting in a failure to meet a
condition on receipt of assistance under this part.''.
SEC. 108. TECHNICAL ASSISTANCE FOR PARENTS AND EDUCATORS OF CHILDREN
AND YOUTH WHO ARE DEAF, HARD OF HEARING, OR DEAFDISABLED.
Section 616 (20 U.S.C. 1416) is amended by adding at the end the
following:
``(j) Maintenance of Policy Guidance Concerning the Education of
Children Who Are Deaf, Hard of Hearing, or Deafdisabled.--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 not less than once every 5 years), policy guidance
concerning the provision of special education and related services to
deaf, hard of hearing, and deafdisabled children (published at 57 Fed.
Reg. 49274 (October 30, 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,
Hard of Hearing or Deafdisabled 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--
``(i) including the home, and community
settings in which children without disabilities
participate; and
``(ii) which for infants and toddlers with
sensory disabilities, particularly deafness,
blindness, or deafblindness, shall include--
``(I) specialized schools, centers,
and other programs where the child's
language, including American Sign
Language and written language with or
without speech therapy, is the primary
language and mode of communication; or
``(II) any school, center or other
program or environment where services
meeting the unique needs of infants and
toddlers with sensory disabilities are
available; and''.
SEC. 113. CONTENT OF PLAN.
Section 636(d) (20 U.S.C. 1436(d)) is amended--
(1) in paragraph (7), by striking ``and'' at the end;
(2) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(9)(A) in the case of an infant or toddler who is deaf,
hard of hearing, or deafdisabled, a statement of the ongoing
language assessment that will be provided to the child,
language development goals commensurate with the child's
cognitive abilities, the language access that will be provided,
including documentation of providing access to ongoing
opportunities for direct language learning access to peers,
early intervention service providers, and other professional
personnel in American Sign Language and, if appropriate, spoken
language with or without visual supports, and the support and
instruction that will be provided to families to learn and
support the child's language acquisition and development;''.
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 (but not teach
language to) children with low incidence disabilities,
particularly deaf, hard of hearing, and deafdisabled
children, in school and school-related activities, and
deaf, hard of hearing, and deafdisabled infants,
toddlers, and preschool children in early intervention
and preschool programs, except that this subparagraph
shall not be construed to authorize the replacement of
the essential service of an interpreter by other
personnel (including replacement by a communication
facilitator).''.
(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, hard of hearing, and deafdisabled
children, to develop age-appropriate language,
including American Sign Language and, if appropriate,
spoken language with or without visual supports, and
age-appropriate literacy skills in school and school-
related activities, and deaf, hard of hearing, and
deafdisabled infants and toddlers and preschool
children in early intervention and preschool
programs.''.
TITLE II--IMPROVING THE EFFECTIVENESS OF SPECIAL EDUCATION AND RELATED
SERVICES FOR CHILDREN AND YOUTH WHO ARE BLIND OR VISUALLY IMPAIRED
Subtitle A--General Provisions
SEC. 201. IDENTIFYING CHILDREN AND YOUTH WHO ARE BLIND OR VISUALLY
IMPAIRED.
(a) Serving All Children Who Are Blind or Visually Impaired
Regardless of Classification.--Section 612(a)(3) (20 U.S.C.
1412(a)(3)), as amended by section 101(a) of this Act, is further
amended at the end by adding the following:
``(D) Serving children who are blind or visually
impaired.--When a State classifies children by
disability, the State, in complying with this
subsection--
``(i) identifies, locates and evaluates
children who are blind or visually impaired who
are, or may be, classified in a disability
category other than blindness or visual
impairment; and
``(ii) provides (without prejudice to such
classification) special education and related
services to such children, including the
specific 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 101(b) of this Act, is further amended by adding
at the end the following:
``(f) Accounting for Children Who Are Blind or Visually Impaired.--
In addition to the other data collection and reporting requirements of
this section 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 visually impaired.''.
(c) Child With a Disability.--Section 602(3)(A)(i) (20 U.S.C.
1401(3)(A)(i)), as amended by section 101(c) of this Act, is further
amended by inserting ``or low vision'' after ``blindness''.
SEC. 202. STATE PLANS.
Section 612 (20 U.S.C. 1412), as amended by section 102 of this
Act, is further amended at the end by adding the following:
``(h) Addendum Concerning Children Who Are Blind or Visually
Impaired.--
``(1) In general.--Notwithstanding the provisions of
subsection (c), a State shall not be determined to be 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 who are blind or visually impaired
(regardless of the State's use of disability categories
or the extent to which children with blindness or
visual impairment 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 blindness or visual
impairment;
``(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 who are blind or visually
impaired 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 children who are blind or visually impaired
for instruction in Braille, proficient use of assistive
technologies (both at home and in school and including
low vision devices as determined appropriate),
orientation and mobility (provided and exercised in a
variety of environments including at home, in school,
and in community), self-determination, sensory
efficiency, socialization, recreation and fitness,
independent living skills, and age-appropriate career
education;
``(B) describe how the State will ensure the proper
administration of widely recognized and research-based
evaluations (including Learning Media Assessments,
Functional Vision Evaluations, and other similarly
well-established evaluation methodologies and tools)
that are administered by the highest qualified
personnel in the State specializing in blindness or
visual impairment; and
``(C) consult with individuals and organizations
with expertise in the education of children who are
blind or visually impaired, including parents, consumer
and advocacy organizations, and teachers of students
with visual impairments and others the State may
identify.''.
SEC. 203. EVALUATIONS.
Section 614(b) (20 U.S.C. 1414(b)), as amended by section 103(a) of
this Act, is further amended by adding at the end the following:
``(8) Blindness or visual impairment.--
``(A) In general.--In conducting the assessments
prescribed in paragraph (3)(B), determination of the
need of children who are blind or visually impaired
(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 children without disabilities or
with other disabilities but which must be specifically
designed, modified, or delivered to meet the unique
learning needs of children who are blind or visually
impaired. Such assessments shall also include widely
recognized and research-based evaluations (including
Learning Media Assessments, Functional Vision
Evaluations, and other similarly well-established
evaluation methodologies and tools) administered by the
highest qualified personnel in the State specializing
in blindness or visual impairment.
``(B) Content of evaluations.--The evaluations
described in subparagraph (A) shall, at a minimum,
include evaluations assessing the need for instruction
in Braille, proficient use of assistive technologies
(both at home and in school and which includes low
vision devices as determined appropriate), orientation
and mobility (provided and exercised in a variety of
environments including at home, in school, and in
community), self-determination, sensory efficiency,
socialization, recreation and fitness, independent
living skills, and age-appropriate career education.''.
SEC. 204. 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--
``(I) provide for instruction in
Braille and the use of Braille unless--
``(aa) the IEP Team
determines (after a properly
administered Learning Media
Assessment, Functional Vision
Evaluation, and any additional
assessment administered or
overseen by a teacher of
students with visual
impairments, including an
assessment 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
``(bb) the parent has given
specific written informed
parental consent; and
``(II) provide 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 children who
are blind or visually impaired, which
instruction includes proficient use of
assistive technologies (both at home
and in school and which includes low
vision devices as determined
appropriate), orientation and mobility
(provided and exercised in a variety of
environments including at home, in
school, and in community), self-
determination, sensory efficiency,
socialization, recreation and fitness,
independent living skills, and age-
appropriate career education;''.
SEC. 205. TECHNICAL ASSISTANCE FOR PARENTS AND EDUCATORS OF CHILDREN
AND YOUTH WHO ARE BLIND OR VISUALLY IMPAIRED.
Section 616 (20 U.S.C. 1416), as amended by section 108 of this
Act, is further amended by adding at the end the following:
``(k) Maintaining Current Policy Guidance for Parents and Educators
of Children Who Are Blind or Visually Impaired.--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 not less than once every 5 years), policy guidance
concerning the provision of special education and related services to
children who are blind or visually impaired (published at 65 Fed. Reg.
36586 (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.''.
SEC. 206. RELATED SERVICES.
Section 602(26)(A) (20 U.S.C. 1401(26)(A)) is amended by inserting
``vision rehabilitation therapy,'' after ``rehabilitation
counseling,''.
SEC. 207. PERSONNEL DEVELOPMENT TO IMPROVE SERVICES AND RESULTS FOR
CHILDREN WITH BLINDNESS OR VISUAL IMPAIRMENT.
Section 662(c)(2)(D) (20 U.S.C. 1462(c)(2)(D)) is amended to read
as follows:
``(D) Preparing personnel to provide the complete
array of specialized instruction and services
appropriate to children who are blind or visually
impaired (including children with ocular or brain-based
visual impairment), including instruction in Braille,
proficient use of assistive technologies (both at home
and in school and which includes low vision devices as
determined appropriate), orientation and mobility
(provided and exercised in a variety of environments
including at home, in school, and in community), self-
determination, sensory efficiency, socialization,
recreation and fitness, independent living skills, and
age-appropriate career education to fully serve and
support such children and their families and to improve
early intervention, educational and transitional
results.''.
SEC. 208. CLARIFYING ELIGIBLE USERS OF ACCESSIBLE INSTRUCTIONAL
MATERIALS.
Section 674(e)(3)(A) (20 U.S.C. 1474(e)(3)(A)) is amended to read
as follows:
``(A) Blind or other persons with print
disabilities.--The term `blind or other persons with
print disabilities' means children served under this
Act, or children served by elementary schools and
secondary schools pursuant to section 504 of the
Rehabilitation Act of 1973 (as amended) (29 U.S.C. 794)
and its implementing regulations, and who may qualify
in accordance with the Act entitled `An Act to provide
books for the adult blind', approved March 3, 1931 (2
U.S.C. 135a; 46 Stat. 1487) to receive books and other
publications produced in specialized formats.''.
Subtitle B--Specialized Early Childhood Intervention Services to
Infants and Toddlers Who Are Blind or Visually Impaired
SEC. 209. CONTENT OF PLAN.
Section 636(d)(9) (20 U.S.C. 1436(d)), as amended by section 113 of
this Act, is further amended by adding at the end the following:
``(B) in the case of an infant or toddler who is blind or
visually impaired, a statement of the ongoing developmental and
educational assessment that will be provided to the child,
early intervention service providers specializing in blindness
or visual impairment (including ocular or brain-based visual
impairment), instruction in Braille (inclusive of a range of
instructional strategies, including pre-literacy tactual
exposure to Braille code reading and writing), orientation and
mobility (provided and exercised in a variety of environments
both within and outside the home), socialization, sensory
efficiency, exposure to assistive technologies (including low
vision devices as determined appropriate), self-determination,
recreation and fitness, and age-appropriate transitional
services, and the support and instruction that will be provided
to families to learn and support the child's acquisition,
retention and age-appropriate mastery of the instruction and
services provided to such child; and''.
Subtitle C--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 better support students with visual disabilities receiving
special education and related services to learn effectively and live
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 programs within
institutions of higher education to prepare teachers of
children who are blind or visually impaired to serve children
who are blind or visually impaired who also have additional
disabilities;
(3) model local, regional, and national enrichment projects
open to children who are blind or visually impaired intended to
supplement State and local educational agency provision of
specialized instruction and services meeting such children's
unique learning needs; and
(4) research identifying, developing, and evaluating valid
assessments and effective interventions measuring and
addressing the unique needs of children who are blind or
visually impaired, including need for instruction and
services--
(A) 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 learning needs of children who are
blind or visually impaired;
(B) which, at a minimum, shall include instruction
in Braille, proficient use of assistive technologies
(both at home and in school and which includes low
vision devices as determined appropriate), orientation
and mobility (provided and exercised in a variety of
environments including at home, in school, and in
community), self-determination, sensory efficiency,
socialization, recreation and fitness, 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) not less than 1 nonprofit professional membership
association which both operates a program for accreditation of
institutions of higher education preparing teachers of children
who are blind or visually impaired or orientation and mobility
specialists and which maintains a continuing education program
supporting the ongoing professional development of such
personnel;
(2) not less than 1 national nonprofit organization, which
may include a manufacturer of products or publisher of
materials or a special school or center with demonstrated
experience directly serving children who are blind or visually
impaired (including students who may or may not have additional
disabilities);
(3) not less than 1 institution of higher education that--
(A) has consistently maintained for not less than
10 years a program of instruction preparing teachers of
children who are blind or visually impaired or
orientation and mobility specialists; and
(B) offers a program of doctoral study in special
education; 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.--
(1) In general.--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 contractual, 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.
(2) Composition.--The advisory board shall be comprised of
individuals with personal or professional experience with the
needs of children who are blind or visually impaired, and shall
include parents of children who are blind or visually impaired
(including children with additional disabilities),
administrators of special education programs (including State
and local educational agency program administrators), and
representatives of national, regional or community-based
organizations of individuals who are blind or visually impaired
and the professionals who serve them.
(3) Compensation.--The Secretary may 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 3 times within a
calendar year.
(4) FACA.--The provisions of the Federal Advisory Committee
Act shall not apply to meetings or other activities of the
advisory board.
(5) Consultation prior to appointment.--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 shall--
(1) conduct or fund original quantitative and qualitative
research and publish or otherwise disseminate such research;
(2) conduct or fund in-person and online continuing
education opportunities for teachers of children who are blind
or visually impaired and related services personnel
specifically trained to meet the unique learning needs of such
students, and prepare, publish or otherwise disseminate
supporting materials;
(3) conduct or fund in-person or online enrichment projects
for children who are blind or visually impaired (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) fund the establishment or maintenance of programs
within institutions of higher education preparing teachers of
children who are blind or visually impaired and related
services personnel to better equip such personnel both to
provide expert instruction and services to infants and toddlers
with blindness or visual impairment and their families and to
provide specialized instruction and services to children with
blindness and visual impairment who may 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 children who are blind or visually
impaired 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 section that are not otherwise directly
conducted, in whole or in part, by the Anne Sullivan Macy
Center on Visual Disability and Educational Excellence.
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, except that appropriations made during any fiscal
year shall be maintained at the funding level appropriated in such
fiscal year or increased over such funding level for a period of not
less than 4 subsequent fiscal years.
(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,
except 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) Coordination of Research.--The Secretary shall ensure that
research activities authorized and carried out pursuant to this
subtitle 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.
(b) 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 the
Act to Promote the Education of the Blind (20 U.S.C. 101 et seq.) 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 Act.
(c) Relationship to Funding for National Center on Deaf-Blindness,
State Deafblind Projects, and 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
deafblind are coordinated as appropriate with the National Center on
Deaf-Blindness, State deafblind projects, and the Helen Keller National
Center. No funds made available pursuant to this title may be used to
support or supplant activities that are otherwise the sole
responsibility of the National Center on Deaf-Blindness and State
deafblind projects pursuant to sections 663(c)(8)(A) and 682(d)(1)(A)
of the Individuals with Disabilities Education Act (20 U.S.C.
1463(c)(8)(A); 20 U.S.C. 1482(d)(1)(A)). 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.
(d) Work Product.--All matter produced by the Anne Sullivan Macy
Center on Visual Disability and Educational Excellence shall be the
property of the United States Government, 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.
TITLE III--IMPROVING THE EFFECTIVENESS OF SPECIAL EDUCATION AND RELATED
SERVICES FOR CHILDREN AND YOUTH WHO ARE DEAFBLIND
Subtitle A--General Provisions
SEC. 301. IDENTIFYING CHILDREN AND YOUTH WHO ARE DEAFBLIND.
(a) Serving All Children Who Are Deafblind Regardless of
Classification.--Section 612(a)(3) (20 U.S.C. 1412(a)(3)), as amended
by sections 101(a) and 201(a) of this Act, is further amended by adding
at the end the following:
``(E) Serving children who are deafblind.--When a
State classifies children by disability, the State, in
complying with subsection (a)--
``(i) identifies, locates and evaluates
children with concomitant vision and hearing
losses who are, or may be, classified in a
disability category other than deafblindness;
and
``(ii) provides (without prejudice to such
classification) special education and related
services to such children, including the
specific services determined appropriate based
on proper evaluation as would be provided to
children classified in the State as having
deafblindness.''.
(b) Data Collection and Reporting.--Section 618 (20 U.S.C. 1418),
as amended by sections 101(b) and 201(b) of this Act, is further
amended by adding at the end the following:
``(g) Accounting for Children Who Are Deafblind.--In addition to
the other data collection and reporting requirements of this section
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 deafblindness, include the number and percentage of
such children in each disability category who are also deafblind.''.
(c) Child With a Disability.--Section 602(3)(A)(i) (20 U.S.C.
1401(3)(A)(i)), as amended by sections 101(c) and 201(c) of this Act,
is further amended by inserting ``deafblindness,'' before ``serious''.
SEC. 302. RELATED SERVICES.
Section 602(26)(A) (20 U.S.C. 1401(26)(A)), as amended by section
206 of this Act, is further amended by inserting ``, and intervener
services, which are provided to children who are deafblind by a
qualified intervener'' after ``for diagnostic and evaluation purposes
only''.
SEC. 303. STATE PLANS.
Section 612 (20 U.S.C. 1412), as amended by sections 102 and 202 of
this Act, is further amended by adding at the end the following:
``(i) Addendum Concerning Children Who Are Deafblind.--
``(1) In general.--Notwithstanding the provisions of
subsection (c), a State shall not be determined to be 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 who are deafblind (regardless of the
State's use of disability categories or the extent to
which children with deafblindness may be classified in
disability categories other than deafblindness) are
evaluated by qualified professionals, including
teachers of the deafblind, using valid and reliable
assessments, for such children's need for instruction
and services that meet 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, academic, and related learning needs of
children who are deafblind;
``(B) there is sufficient availability of
personnel, including teachers of the deafblind and
interveners, within the State qualified to provide the
evaluation, instruction, and services described in
subparagraph (A) to all children within the State
requiring such instruction; and
``(C) all children who are deafblind 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 children who are deafblind to support ongoing
progress in language development and in the child's
preferred mode of communication, and including the
provision of school-related opportunities for direct
communications with peers and professional personnel in
the child's preferred mode of communication and
opportunities for direct instruction in (but not
limited to) concept development, functional skills for
academic success, self-determination and advocacy,
social-emotional skills, visual and auditory sensory
efficiency skills, orientation and mobility, assistive
technology proficiency, independent living skills, age-
appropriate career education, and support for the
student through family education; and
``(B) consult with individuals and organizations
with expertise in the education of children who are
deafblind, including parents, consumers, advocacy
organizations, national and State organizations focused
on deafblindness, and others the State may identify.''.
SEC. 304. EVALUATIONS.
Section 614(b) (20 U.S.C. 1414(b)), as amended by sections 103(a)
and 203 of this Act, is further amended by adding at the end the
following:
``(9) Children who are deafblind.--
``(A) In general.--In conducting the assessments
prescribed in paragraph (3)(B), children who are
deafblind (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 child's preferred mode of
communication, including non-symbolic and symbolic
communication and tactile sign language. Qualified
personnel trained in deafblindness, who communicate in
the child's preferred mode of communication, shall be
actively involved in assessments and evaluations. The
requirements included in paragraphs (7)(A) and (8)(A)
shall also apply to children who are deafblind.
``(B) Content of evaluations.--The evaluations
described in subparagraph (A) shall, at a minimum,
include evaluations assessing the need for services and
supports to assist children who are deafblind in
developing and maintaining language and communication
skills in their preferred mode of communication,
including non-symbolic and symbolic communication and
tactile sign language. Other areas of evaluation for
children who are deafblind shall include those found in
paragraphs (7)(B) and (8)(B).''.
SEC. 305. CONSIDERATION OF SPECIAL FACTORS.
Section 614(d)(3)(B), as amended by section 105 of this Act (20
U.S.C. 1414(d)(3)(B)) is further amended--
(1) in clause (iv), by striking ``and'' at the end;
(2) by redesignating clause (v) as clause (vi); and
(3) by inserting after clause (iv) the following:
``(v) in the case of a child who is
deafblind, provide for the child's language and
communication needs, including tactile sign
language, tactile and visual adaptations to
sign and fingerspelling, and object and
tangible symbol systems. The requirements
included in clauses (iii) and (iv) shall also
apply to children who are deafblind; and''.
SEC. 306. TECHNICAL ASSISTANCE FOR PARENTS AND EDUCATORS OF CHILDREN
AND YOUTH WHO ARE DEAFBLIND.
Section 616 (20 U.S.C. 1416), as amended by sections 108 and 205 of
this Act, is further amended by adding at the end the following:
``(l) Developing Policy Guidance for Parents and Educators of
Children Who Are Deafblind.--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, policy guidance concerning the provision of
special education and related services to children who are deafblind is
developed (and periodically thereafter but not less than once every 5
years, updated) with particular attention to explanation of relevant
amendments to this Act or to its implementing regulations and is
published in the Federal Register.''.
SEC. 307. CONFORMING REGULATIONS.
Section 617 (20 U.S.C. 1417) is amended by adding at the end the
following:
``(f) Not later than 1 year after the date of the enactment of the
Alice Cogswell and Anne Sullivan Macy Act, the Secretary shall, after
notice and comment, publish regulations that provide definitions for
`deafblindness' and `intervener services'.''.
Subtitle B--Improving the Effectiveness of Early Intervention for
Infants and Toddlers Who Are Deafblind and Their Families
SEC. 311. CONTENT OF PLAN.
Section 636(d)(9) (20 U.S.C. 1436(d)), as amended by sections 113
and 209 of this Act, is further amended by adding at the end the
following:
``(C) in the case of an infant or toddler who is deafblind,
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, 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 trained in the child's preferred mode of
communication, and the support and instruction that will be
provided to 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 the Education of Children
With Disabilities
SEC. 321. PERSONNEL DEVELOPMENT TO IMPROVE SERVICES AND RESULTS FOR
CHILDREN WITH DISABILITIES; ENSURING SUFFICIENT TEACHERS
OF CHILDREN WHO ARE DEAFBLIND, INTERVENERS, AND EARLY
INTERVENTION SPECIALISTS.
Section 662(c)(2) (20 U.S.C. 1462(c)(2)), as amended by section
121(b) of this Act, is further amended--
(1) by redesignating subparagraphs (G) and (H) (as
redesignated by section 121(b)(1) of this Act) as subparagraphs
(I) and (J), respectively; and
(2) by inserting after subparagraph (F) (as inserted by
section 121(b)(2) of this Act) the following:
``(G) Preparing personnel to be qualified teachers
of children who are deafblind and early intervention
specialists, to assist children who are deafblind in
schools and school-related activities, as well as
toddlers and preschool children who are deafblind in
early intervention and preschool programs, to develop
communication and literacy skills, to be able to
access, organize and utilize information about the
environment, and to acquire concepts essential for
learning.
``(H) Preparing personnel to be qualified
interveners as individualized supports to assist
children who are deafblind in school and school-related
activities, and infants and toddlers and preschool
children who are deafblind in early intervention and
preschool programs.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
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