[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.
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