[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3535 Introduced in House (IH)]

<DOC>






114th CONGRESS
  1st Session
                                H. R. 3535

 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 or deaf-blind 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

                           September 17, 2015

 Mr. Cartwright (for himself, Mr. McKinley, Mr. Takano, Mr. Cardenas, 
  Ms. Castor of Florida, Mr. Grayson, Mr. Honda, Mr. Huffman, and Mr. 
Ryan of Ohio) 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 or deaf-blind 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.
Sec. 3. Findings.
 TITLE I--IMPROVING THE EFFECTIVENESS OF SPECIAL EDUCATION AND RELATED 
         SERVICES FOR STUDENTS WHO ARE DEAF OR HARD OF HEARING

                     Subtitle A--General Provisions

Sec. 101. Identifying students who are deaf or hard of hearing.
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 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. Identifying students with visual disabilities.
Sec. 202. State plans.
Sec. 203. Evaluations.
Sec. 204. Consideration of special factors.
Sec. 205. 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.
TITLE III--IMPROVING THE EFFECTIVENESS OF SPECIAL EDUCATION AND RELATED 
           SERVICES FOR CHILDREN AND YOUTH WHO ARE DEAF-BLIND

                     Subtitle A--General Provisions

Sec. 301. Identifying children who are deaf-blind.
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 
                            who are deaf-blind.
Sec. 307. Conforming regulations.
   Subtitle B--Improving the Effectiveness of Early Intervention for 
      Infants and Toddlers With Deaf-Blindness 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 the deaf-blind 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 students with visual 
        disabilities or who are deaf or hard of hearing or who are 
        deaf-blind 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 or who are deaf-blind 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 or who are deaf-blind.

SEC. 3. FINDINGS.

    The 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 American school 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 and hard of hearing children can learn 
        and achieve to high levels when they have full access to 
        language and communication; are taught by professionals with 
        specialized training; and have access to educational placements 
        that recognize and provide for their language, communication, 
        social-emotional, and academic needs.
            (3) 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. However, currently, early intervention 
        services typically are not provided in a timely manner and 
        severe shortages of specialized early intervention 
        professionals result in many deaf and hard of hearing children 
        not reaching their developmental potential. Similarly, 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.
            (4) Likewise, children who are deaf-blind 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 
        preferred mode of communication in a range of academic and 
        functional areas.
            (5) Students who are deaf, hard of hearing, or deaf-blind 
        require more language and communication access and support to 
        acquire skills than they are currently receiving. It has 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''.
            (6) Moreover, a principal way that sighted, hearing 
        students acquire knowledge and skills is through incidental 
        learning, naturally observing others and the environment. 
        Deficits in incidental learning leave students with sensory 
        disabilities behind in an array of skill areas. In addition to 
        core academics, deaf and hard of hearing students, for example, 
        must also receive specialized instruction and services designed 
        to maximize their capacity to learn effectively and live 
        productively and independently. Similarly, students 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 students 
        with visual disabilities to learn effectively and live 
        productively and independently.
            (7) The widespread use by States of Individuals with 
        Disabilities Education Act's disability categories has led to a 
        sizable undercount of students 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 students 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.
            (8) Children who are deaf-blind should receive one-to-one 
        services from interveners, who have training and specialized 
        skills in deaf-blindness. Interveners play a critical role in 
        the provision of a Free and Appropriate Public Education, 
        because they provide access to the information these children 
        need in order to learn and develop concepts, to facilitate 
        their communication development and interactions in their 
        preferred mode of communication, and to promote their social 
        and emotional well-being.
            (9) A national resource in visual disabilities is needed to 
        supplement the work of State and local educational agencies 
        through student enrichment activities; to support teachers of 
        students with visual impairments 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.

 TITLE I--IMPROVING THE EFFECTIVENESS OF SPECIAL EDUCATION AND RELATED 
         SERVICES FOR STUDENTS WHO ARE DEAF OR HARD OF HEARING

                     Subtitle A--General Provisions

SEC. 101. 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 by striking ``hearing impairments (including 
deafness), speech'' and inserting ``who is deaf or hard of hearing, 
with speech''.

SEC. 102. 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 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 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 
                appropriate, measureable progress in language 
                development, including American Sign Language and 
                spoken English 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. 103. 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 English with or without visual supports or 
                hearing assistance technology, 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 English 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 English 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. 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) 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 English 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 
                                English 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. 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 the Congress.''.

SEC. 107. CONTINUUM OF SERVICE DELIVERY OPTIONS.

    (a) Ensuring Continuum Availability.--Section 612(a)(5) (20 U.S.C. 
(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. 108. 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 
                        English 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 striking the 
semicolon at the end and inserting 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, 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 English 
with or without visual supports, and the support and instruction that 
will be provided to families to learn and support the child's language 
and communication mode;''.

 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 English 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. 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 101 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 101 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. 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 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. 203. EVALUATIONS.

    Section 614(b) (20 U.S.C. 1414(b)), as amended by section 103 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. 204. CONSIDERATION OF SPECIAL FACTORS.

    Section 614(d)(3)(B)(iii) (20 U.S.C. 1414(d)(3)(B)(iii)) is amended 
by striking the semicolon and inserting the following: ``and 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 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. 205. TECHNICAL ASSISTANCE FOR PARENTS AND EDUCATORS OF STUDENTS 
              WITH VISUAL DISABILITIES.

    Section 616 (20 U.S.C. 1416), as amended by section 108, 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,) 
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 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 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; 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.--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 National Center on Deaf-Blindness, 
State Deaf-Blind 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 deaf-
blind are coordinated as appropriate with the National Center on Deaf-
Blindness, State deaf-blind 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 deaf-
blind projects pursuant to sections 663(d)(1)(A) and 682(d)(1)(A) of 
the Individuals with Disabilities Education Act (20 U.S.C. 
1463(d)(1)(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.
    (e) Work Product.--All matter produced by the Anne Sullivan Macy 
Center 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 DEAF-BLIND

                     Subtitle A--General Provisions

SEC. 301. IDENTIFYING CHILDREN WHO ARE DEAF-BLIND.

    (a) Serving All Children With Deaf-Blindness Regardless of 
Classification.--Section 612(a)(3) (20 U.S.C. 1412(a)(3)), as amended 
by sections 101 and 201, is further amended by adding at the end by 
adding the following:
                    ``(E) Serving children with deaf-blindness.--When a 
                State classifies children by disability, the State, in 
                complying with subsection (a), identifies, locates and 
                evaluates children with concomitant vision and hearing 
                losses who are, or may be, classified in a disability 
                category other than deaf-blindness, meaning concomitant 
                hearing and visual impairments, the combination of 
                which causes severe communication and other 
                developmental and educational needs that adversely 
                affect a child's educational performance (and including 
                children who are deaf-blind with additional 
                disabilities), 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 
                deaf-blindness.''.
    (b) Data Collection and Reporting.--Section 618 (20 U.S.C. 1418) is 
amended by adding at the end the following:
    ``(g) Accounting for Children With Deaf-Blindness.--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 deaf-blindness, include the number and 
percentage of such children in each disability category who are also 
deaf-blind.''.
    (c) Child With a Disability.--Section 602(3)(A)(i) (20 U.S.C. 
1401(3)(A)(i) is amended by adding after ``visual impairments 
(including blindness)'' the term ``deaf-blindness,'' and continuing 
with ``serious emotional disturbance . . .''.

SEC. 302. RELATED SERVICES.

    Section 602(26)(A) (20 U.S.C. 1401) is amended by inserting after 
``for diagnostic and evaluation purposes only,'' the phrase ``and 
intervener services, which are provided to children who are deaf-blind 
by a qualified intervener)'' and continuing with ``as may be required . 
. .''.

SEC. 303. STATE PLANS.

    Section 612 (20 U.S.C. 1412) is amended by adding at the end the 
following:
    ``(i) Addendum Concerning Children Who Are Deaf-Blind.--
            ``(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 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 deaf-blindness (regardless of 
                the State's use of disability categories or the extent 
                to which children with deaf-blindness may be classified 
                in disability categories other than deaf-blindness) are 
                evaluated by qualified professionals including teachers 
                of deaf-blind, 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, academic, and related learning needs of 
                children with deaf-blindness;
                    ``(B) there is sufficient availability of 
                personnel, including teachers of the deaf-blind 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 with deaf-blindness 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 with deaf-blindness 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 with deaf-
                blindness including parents, consumers, advocacy 
                organizations, national and State organizations focused 
                on deaf-blindness and others the State may identify.''.

SEC. 304. EVALUATIONS.

    Section 614(b) (20 U.S.C. 1414(b)) is amended by adding at the end 
the following:
            ``(9) Children who are deaf-blind.--
                    ``(A) In general.--In conducting the assessments 
                prescribed in paragraph (3)(B), children who are deaf-
                blind (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 deaf-blindness, who communicate in 
                the child's preferred mode of communication, shall be 
                actively involved in assessments and evaluations. Also, 
                requirements included in paragraphs (7)(A) and (8)(A) 
                shall apply to children with deaf-blindness.
                    ``(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 deaf-blind 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 deaf-blind shall include those found 
                in paragraphs (7)(B) and (8)(B).''.

SEC. 305. CONSIDERATION OF SPECIAL FACTORS.

    Section 616(d)(3)(B) (20 U.S.C. 1414(d)(3)(B)) is amended by 
redesignating clause ``(v)'' as ``(vi)'' and inserting after clause 
(iv) the following:
                            ``(v) In the case of a child who is deaf-
                        blind, provide for--
                                    ``(I) the child's language and 
                                communication needs, including, but not 
                                limited to, tactile sign language, 
                                tactile and visual adaptations to sign 
                                and fingerspelling, and object and 
                                tangible symbol systems. Also, 
                                requirements included in sections 
                                614(d)(3)(B)(iii) and 614(d)(3)(B)(iv) 
                                (as amended by the Alice Cogswell and 
                                Anne Sullivan Macy Act) shall apply to 
                                children with deaf-blindness.''.

SEC. 306. TECHNICAL ASSISTANCE FOR PARENTS AND EDUCATORS OF CHILDREN 
              WHO ARE DEAF-BLIND.

    Section 616 (20 U.S.C. 1416) is amended by adding at the end the 
following:
    ``(l) Developing Policy Guidance for Parents and Educators of 
Children With Deaf-Blindness.--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 policy guidance concerning the 
provision of special education and related services to children who are 
deaf-blind is developed (and periodically thereafter but at least 
within five-year intervals, 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 one 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 `deaf-blindness' and `intervener services'.''.

   Subtitle B--Improving the Effectiveness of Early Intervention for 
      Infants and Toddlers With Deaf-Blindness and Their Families

SEC. 311. CONTENT OF PLAN.

    Section 636(d)(3) (20 U.S.C. 1436(d)(3)) is amended by striking the 
semicolon at the end and inserting the following: ``and, in the case of 
an infant or toddler who is deaf-blind, 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 THE DEAF-BLIND AND EARLY INTERVENTION SPECIALISTS.

    Section 662(c)(2) (20 U.S.C. 1462(c)(2)) is amended--
            (1) by redesignating subparagraphs (G) and (H) as 
        subparagraphs (I) and (J), respectively; and
            (2) by inserting after subparagraph (F) the following:
                    ``(G) Preparing personnel to be qualified teachers 
                of the deaf-blind and early intervention specialists, 
                to assist children with deaf-blindness in schools and 
                school related activities, as well as toddlers and 
                preschool children with deaf-blindness in early 
                intervention and preschool programs, to develop 
                communication and literacy skills, access, organize and 
                utilize information about the environment and acquire 
                concepts essential for learning.
                    ``(H) Preparing personnel to be qualified 
                interveners as individualized supports to assist 
                children with deaf-blindness in school and school 
                related activities, and infants and toddlers and 
                preschool children with deaf-blindness in early 
                intervention and preschool programs.''.
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