[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2945 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 2945

 To promote and ensure delivery of high-quality special education and 
   related services to children and youth who are blind or visually 
  impaired, deaf, hard of hearing, deafdisabled, or deafblind through 
instructional methodologies meeting their unique language and learning 
 needs, to enhance accountability for the provision of such services, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 27 (legislative day, September 22), 2023

   Mr. Markey (for himself, Mrs. Capito, Ms. Warren, and Mr. Braun) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To promote and ensure delivery of high-quality special education and 
   related services to children and youth who are blind or visually 
  impaired, deaf, hard of hearing, deafdisabled, or deafblind through 
instructional methodologies meeting their unique language and learning 
 needs, to enhance accountability for the provision of such services, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Alice Cogswell and 
Anne Sullivan Macy Act''.
    (b) References.--Except as otherwise expressly provided, whenever 
in this Act an amendment or repeal is expressed in terms of an 
amendment to, or repeal of, a section or other provision, the reference 
shall be considered to be made to a section or other provision of the 
Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).
    (c) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; references; table of contents.
Sec. 2. Purposes.
Sec. 3. Findings.
Sec. 4. Definitions.
 TITLE I--IMPROVING THE EFFECTIVENESS OF SPECIAL EDUCATION AND RELATED 
   SERVICES FOR CHILDREN AND YOUTH WHO ARE DEAF, HARD OF HEARING, OR 
                              DEAFDISABLED

                     Subtitle A--General Provisions

Sec. 101. Identifying children and youth who are deaf, hard of hearing, 
                            or deafdisabled.
Sec. 102. State plans.
Sec. 103. Evaluations.
Sec. 104. Individualized education program team.
Sec. 105. Consideration of special factors.
Sec. 106. Monitoring.
Sec. 107. Continuum of service delivery options.
Sec. 108. Technical assistance for parents and educators of children 
                            and youth who are deaf, hard of hearing, or 
                            deafdisabled.
Subtitle B--Improving the Effectiveness of Early Intervention for Deaf, 
    Hard of Hearing, or Deafdisabled Infants and Toddlers and Their 
                                Families

Sec. 111. Qualified personnel.
Sec. 112. Natural environment.
Sec. 113. Content of plan.
 Subtitle C--National Activities To Improve Education of Children With 
                              Disabilities

Sec. 121. Personnel development to improve services and results for 
                            children with disabilities.
TITLE II--IMPROVING THE EFFECTIVENESS OF SPECIAL EDUCATION AND RELATED 
   SERVICES FOR CHILDREN AND YOUTH WHO ARE BLIND OR VISUALLY IMPAIRED

                     Subtitle A--General Provisions

Sec. 201. Identifying children and youth who are blind or visually 
                            impaired.
Sec. 202. State plans.
Sec. 203. Evaluations.
Sec. 204. Consideration of special factors.
Sec. 205. Technical assistance for parents and educators of children 
                            and youth who are blind or visually 
                            impaired.
Sec. 206. Related services.
Sec. 207. Personnel development to improve services and results for 
                            children with blindness or visual 
                            impairment.
Sec. 208. Clarifying eligible users of accessible instructional 
                            materials.
   Subtitle B--Specialized Early Childhood Intervention Services to 
        Infants and Toddlers Who Are Blind or Visually Impaired

Sec. 209. Content of plan.
    Subtitle C--Anne Sullivan Macy Center on Visual Disability and 
                         Educational Excellence

Sec. 211. Center establishment and mission.
Sec. 212. Administration; eligibility; governance; structure.
Sec. 213. Activities.
Sec. 214. Authorization of appropriations and carryover.
Sec. 215. Relationship to other programs and activities.
TITLE III--IMPROVING THE EFFECTIVENESS OF SPECIAL EDUCATION AND RELATED 
           SERVICES FOR CHILDREN AND YOUTH WHO ARE DEAFBLIND

                     Subtitle A--General Provisions

Sec. 301. Identifying children and youth who are deafblind.
Sec. 302. Related services.
Sec. 303. State plans.
Sec. 304. Evaluations.
Sec. 305. Consideration of special factors.
Sec. 306. Technical assistance for parents and educators of children 
                            and youth who are deafblind.
Sec. 307. Conforming regulations.
   Subtitle B--Improving the Effectiveness of Early Intervention for 
       Infants and Toddlers Who Are Deafblind and Their Families

Sec. 311. Content of plan.
 Subtitle C--National Activities To Improve the Education of Children 
                           With Disabilities

Sec. 321. Personnel development to improve services and results for 
                            children with disabilities; ensuring 
                            sufficient teachers of children who are 
                            deafblind, interveners, and early 
                            intervention specialists.

SEC. 2. PURPOSES.

    The purposes of this Act are as follows:
            (1) To better ensure delivery of high quality special 
        education and related services to children and youth who are 
        blind or visually impaired, deaf, hard of hearing, 
        deafdisabled, or deafblind through specialized instructional 
        services and methodologies designed to meet their unique 
        language and learning needs.
            (2) To better ensure delivery of high quality early 
        intervention services to children and youth who are deaf, hard 
        of hearing, deafdisabled, or deafblind, and their families, 
        through specialized services and methodologies designed to meet 
        their unique language and other developmental needs.
            (3) To foster the proliferation of research supporting the 
        development and evaluation of effective and innovative 
        assessments and instructional methodologies consonant with the 
        unique learning needs of children and youth who are blind or 
        visually impaired.
            (4) To enhance accountability for the provision of such 
        services.
            (5) To support the development of personnel serving 
        children and youth who are blind or visually impaired, deaf, 
        hard of hearing, deafdisabled, or deafblind.

SEC. 3. FINDINGS.

    Congress finds the following:
            (1) When American author, Mark Twain, immortalized Helen 
        Keller's teacher, Anne Sullivan Macy, with the moniker ``the 
        miracle worker'', his words, though meant as praise, reflect 
        the misconception that educating individuals with disabilities 
        is a nearly insurmountable task requiring extraordinary feats 
        performed by gifted and saintly persons. Rather, the work of 
        teaching children with disabilities can and does occur when 
        committed and qualified but everyday special educators are 
        properly prepared and supported to practice their professions. 
        Yet, the educational systems within which they act must also be 
        held accountable for results.
            (2) In 1817, Thomas Hopkins Gallaudet and a deaf teacher, 
        Laurent Clerc, opened the first school in the United States for 
        deaf students--the American School for the Deaf--with young 
        Alice Cogswell as its first pupil. Ultimately the school grew 
        into a national institution and the mother of many other 
        schools. As Alice demonstrated, deaf, hard of hearing, or 
        deafdisabled children can learn and achieve to high levels when 
        they have full access to language, are taught by professionals 
        with specialized training, and have access to educational 
        placements that recognize and provide for their language, 
        social-emotional, and academic needs.
            (3) Deaf, hard of hearing, and deafdisabled children who 
        are identified early and receive appropriate early intervention 
        from specialized, qualified providers achieve higher academic 
        and language outcomes. However, as of the date of enactment of 
        this Act, early intervention services often are limited to one 
        language, many children are lost to follow-up, and there are 
        severe shortages of specialized early intervention 
        professionals, resulting in many deaf, hard of hearing, and 
        deafdisabled children not reaching their appropriate milestones 
        and experiencing language deprivation, impacting their full 
        lives.
            (4) Research demonstrates that children and youth who are 
        blind or visually impaired are among the highest performing 
        students with disabilities in terms of academic achievement, 
        and yet they are among the least employed, even after 
        successful accomplishment of postsecondary academic objectives.
            (5) Likewise, children and youth who are deafblind have the 
        same capacity to learn and achieve as any other children. 
        However, they must have ongoing access to the same 
        environmental and educational information that their sighted 
        and hearing peers can access automatically. These children 
        require direct learning experiences, including hands-on 
        experiences and intense involvement in educational routines and 
        activities. They must receive specialized direct instruction in 
        their accessible language in a range of academic and functional 
        areas.
            (6) Children and youth who are deaf, hard of hearing, 
        deafdisabled, or deafblind require more language access and 
        support to acquire skills than they are, as of the date of 
        enactment of this Act, predominantly receiving in local school 
        districts struggling to find qualified personnel, so that such 
        individuals risk experiencing language deprivation. It has been 
        the Department of Education's position since 1992 that ``[a]ny 
        educational setting that does not meet the communication and 
        related needs of a child who is deaf does not allow for the 
        provision of [a Free Appropriate Public Education] and cannot 
        be considered the [Least Restrictive Environment] for that 
        child''.
            (7) Moreover, a principal way that sighted and hearing 
        children and youth acquire knowledge and skills is through 
        incidental learning, naturally observing others and the 
        environment. Deficits in incidental learning leave children and 
        youth with sensory disabilities behind in an array of skill 
        areas. In addition to core academics, deaf, hard of hearing, 
        and deafdisabled children and youth, for example, must also 
        receive specialized instruction and services designed to 
        maximize their capacity to learn effectively and live 
        productively and independently. Similarly, children and youth 
        who are blind or visually impaired must also receive 
        instruction in the expanded core curriculum, a comprehensive 
        array of specialized instruction and services maximizing the 
        capacity of children and youth who are blind or visually 
        impaired to learn effectively and live productively and 
        independently.
            (8) The widespread use by States of the Individuals with 
        Disabilities Education Act's disability categories has led to a 
        sizable undercount of children and youth with sensory 
        disabilities and, consequently, a lack of recognition of the 
        extent of the systemic need for the delivery of appropriate 
        instructional services meeting their unique needs. This occurs 
        in large measure because children and youth with sensory 
        disabilities who also have additional disabilities are 
        frequently formally classified as having multiple disabilities. 
        Consequently, their vision, hearing, or concomitant vision and 
        hearing disabilities and related support needs are not fully 
        acknowledged.
            (9) It also must be acknowledged and recognized that the 
        population of deaf, hard of hearing, or deafdisabled children 
        and youth is inherently diverse, with 55 percent or more being 
        children of color. In contrast, less than 10 percent of 
        personnel, including teachers of deaf, hard of hearing, or 
        deafdisabled children and youth, and interpreters, are people 
        of color.
            (10) Qualified teachers of the deafblind are needed to 
        assist children and youth who are deafblind in schools and 
        school-related activities. Also needed are qualified 
        interveners, who work one-to-one with children and youth who 
        are deafblind and who have training and specialized skills in 
        deafblindness. Interveners play a critical role in the 
        provision of a Free and Appropriate Public Education for 
        children and youth who are deafblind, because they provide 
        access to the information needed for learning and conceptual 
        understanding, facilitate communication development, and 
        promote social and emotional well-being.
            (11) A national resource in blindness and visual impairment 
        is needed--
                    (A) to supplement the work of State and local 
                educational agencies through student enrichment 
                activities;
                    (B) to support teachers of children and youth who 
                are blind or visually impaired and related services 
                personnel through state-of-the-art continuing education 
                opportunities; and
                    (C) to spur the further advancement of 
                instructional services for children and youth who are 
                blind or visually impaired through scientific research 
                and evidence-based best practices.

SEC. 4. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``deafblind'', when applied to an individual, 
        means the individual has concomitant hearing and visual 
        impairments, the combination of which--
                    (A) prevents access to information;
                    (B) causes severe communication challenges;
                    (C) interferes with social and emotional well-
                being; and
                    (D) impacts other developmental areas in a manner 
                that adversely affect a child's educational performance 
                (including children who are deafblind with additional 
                disabilities).
            (2) The term ``deafdisabled'', when applied to an 
        individual, means the individual is deaf and also has at least 
        one other disability, but excludes individuals who are 
        deafblind.

 TITLE I--IMPROVING THE EFFECTIVENESS OF SPECIAL EDUCATION AND RELATED 
   SERVICES FOR CHILDREN AND YOUTH WHO ARE DEAF, HARD OF HEARING, OR 
                              DEAFDISABLED

                     Subtitle A--General Provisions

SEC. 101. IDENTIFYING CHILDREN AND YOUTH WHO ARE DEAF, HARD OF HEARING, 
              OR DEAFDISABLED.

    (a) Serving All Children Who Are Deaf, Hard of Hearing, or 
Deafdisabled Regardless of Classification.--Section 612(a)(3) (20 
U.S.C. 1412(a)(3)) is amended at the end by adding the following:
                    ``(C) Serving children who are deaf, hard of 
                hearing, or deafdisabled.--When a State classifies 
                children by disability, the State, in complying with 
                subsection (a)--
                            ``(i) identifies, locates and evaluates 
                        children who are deaf, hard of hearing, or 
                        deafdisabled who are, or may be, classified in 
                        a disability category other than deaf, hard of 
                        hearing, or deafdisabled;
                            ``(ii) provides (without prejudice to such 
                        classification) special education and related 
                        services to such children, including the 
                        specific services determined appropriate based 
                        on proper evaluation as would be provided to 
                        children classified in the State as deaf or 
                        hard of hearing; and
                            ``(iii) ceases to use vague other 
                        terminology, such as `hearing impaired', 
                        `section 504 student', or `having a 
                        communication disorder'.''.
    (b) Data Collection and Reporting.--Section 618 (20 U.S.C. 1418) is 
amended--
            (1) by striking subsection (a)(1)(A)(iii) and inserting the 
        following:
                    ``(iii) In separate classes, separate schools or 
                facilities, or public or private residential 
                facilities, with the exception of deaf, hard of 
                hearing, deafdisabled, and deafblind students due to 
                their being low-incidence and benefiting from 
                specialized language instruction and access.'';
            (2) in subsection (c), by inserting ``and funding to 
        appropriate entities'' after ``States''; and
            (3) by adding at the end the following:
    ``(e) Accounting for Children Who Are Deaf, Hard of Hearing, or 
Deafdisabled.--In addition to the other data collection and reporting 
requirements of this section and subject to such provisions, the State 
and the Secretary of the Interior shall, with respect to children 
classified in a disability category other than hearing impairment or 
deafness, include the number and percentage of such children in each 
disability category who are also deaf, hard of hearing, or deafdisabled 
and their avenue of access to American Sign Language, whether it be via 
an interpreter, a teacher of the deaf, or expressly waived by the 
parents.''.
    (c) Child With a Disability.--Section 602(3)(A)(i) (20 U.S.C. 
1401(3)(A)(i)) is amended--
            (1) by inserting ``who is deaf, hard of hearing, or 
        deafdisabled or'' before ``with intellectual disabilities,''; 
        and
            (2) by striking ``hearing impairments (including 
        deafness),''.

SEC. 102. STATE PLANS.

    Section 612 (20 U.S.C. 1412) is amended by adding at the end the 
following:
    ``(g) Addendum Concerning Children Who Are Deaf, Hard of Hearing, 
or Deafdisabled.--
            ``(1) In general.--Notwithstanding the provisions of 
        subsection (c), a State shall not be determined to be in 
        compliance with this section unless, not later than 2 years 
        after the date of the enactment of the Alice Cogswell and Anne 
        Sullivan Macy Act, the State files with the Secretary a written 
        addendum to the plan required by this section describing how 
        the State ensures that--
                    ``(A) children who are deaf, hard of hearing, or 
                deafdisabled (regardless of the State's use of 
                disability categories or the extent to which deaf or 
                hard of hearing children may be classified in 
                disability categories other than hearing impairment or 
                deafness) are evaluated by qualified professionals, 
                using valid and reliable assessments, for such 
                children's need for instruction and services meeting 
                their unique language, literacy, academic, social and 
                related learning needs, including instruction which may 
                be needed by children without disabilities or with 
                other disabilities but which must be specifically 
                designed, modified, or delivered to meet the unique 
                language and academic and related learning needs of 
                children who are deaf, hard of hearing, or 
                deafdisabled;
                    ``(B) there is sufficient availability of personnel 
                within the State qualified to provide the evaluation 
                and instruction described in subparagraph (A) to all 
                children within the State requiring such instruction; 
                and
                    ``(C) all children who are deaf, hard of hearing, 
                or deafdisabled within the State who need special 
                education and related services receive instruction in 
                American Sign Language unless expressly waived by the 
                child's parents and are not being served solely in 
                accordance with section 504 of the Rehabilitation Act 
                of 1973 (29 U.S.C. 794).
            ``(2) Contents.--In preparing the addendum described in 
        paragraph (1), the State shall--
                    ``(A) specifically address how the State meets the 
                needs of deaf, hard of hearing, and deafdisabled 
                students to support appropriate, measurable progress in 
                language development, including American Sign Language 
                and written language with or without speech therapy, 
                and including the provision of school-related 
                opportunities for direct interactions with peers and 
                professional personnel in the child's language and 
                opportunities for direct instruction in the child's 
                language, as well as instruction in audiology, age 
                appropriate career education, language, social skills, 
                functional skills for academic success, self-
                determination and advocacy (including preparation for 
                transition to work or higher education), social 
                emotional skills, technology, and support for the 
                student through family education; and
                    ``(B) consult with individuals and organizations 
                with expertise in the education of children who are 
                deaf, hard of hearing, or deafdisabled, including 
                parents, schools for the deaf, consumer and advocacy 
                organizations, State commissions of the deaf, 
                researchers, teachers of students who are deaf, hard of 
                hearing, or deafdisabled and others the State may 
                identify.''.

SEC. 103. EVALUATIONS.

    (a) Evaluation Procedures.--Section 614(b) (20 U.S.C. 1414(b)) is 
amended by adding at the end the following:
            ``(7) Children who are deaf, hard of hearing, or 
        deafdisabled.--
                    ``(A) In general.--In conducting the assessments 
                prescribed in paragraph (3)(B), children who are deaf, 
                hard of hearing, or deafdisabled shall be evaluated on 
                language proficiency levels, including expressive, 
                receptive, and pragmatic skills, and ability to access 
                grade level content in the student's primary language, 
                including American Sign Language, and if appropriate, 
                written language with or without visual supports or 
                hearing assistance technology. Determination of the 
                need for special education and related services shall 
                include evaluation of such children's unique learning 
                needs, including opportunities for direct language 
                access, without an intermediary such as an interpreter, 
                with peers and professionals in the child's primary 
                language, including American Sign Language and, if 
                appropriate, spoken language with or without visual 
                supports, and instruction which may be needed by 
                students without disabilities or with other 
                disabilities but which must be specifically designed, 
                modified, or delivered to meet the unique linguistic 
                needs of students who are deaf, hard of hearing, or 
                deafdisabled.
                    ``(B) Content of evaluations.--The evaluations 
                described in subparagraph (A) shall, at a minimum, 
                include evaluations assessing the need for services and 
                settings to assist the child in developing or 
                maintaining age appropriate milestones in the child's 
                primary language, including American Sign Language and 
                written language with or without speech therapy, social 
                development, literacy instruction, instruction in 
                assistive technology proficiency, self sufficiency and 
                self-determination, socialization, recreation and 
                fitness, independent living skills, and age appropriate 
                career education.''.
    (b) Individualized Education Programs.--Section 614(d)(1)(A) (20 
U.S.C. 1414(d)(1)(A)) is amended--
            (1) in clause (i)--
                    (A) in subclause (VII), by striking ``and'' at the 
                end;
                    (B) in subclause (VIII), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                                    ``(IX) the projected date for the 
                                beginning of the services and 
                                modifications described in subclause 
                                (IV), the anticipated frequency, 
                                location, and duration of those 
                                services and modifications.''; and
            (2) by adding at the end the following:
                            ``(iii) Rule regarding a school for the 
                        deaf.--If a student is placed at a school for 
                        the deaf, the school may provide documentation 
                        of how its teachers are trained specifically to 
                        educate deaf and hard of hearing students, and 
                        as a result, will not be required to provide 
                        individualized education plans unless the 
                        student is deafdisabled.''.

SEC. 104. INDIVIDUALIZED EDUCATION PROGRAM TEAM.

    Section 614(d)(1)(B) (20 U.S.C. 1414(d)(1)(B)) is amended--
            (1) in clause (v), by striking ``(vi);'' and inserting 
        ``(vii);'';
            (2) in clause (vi), by striking ``and'' at the end;
            (3) by redesignating clause (vii) as clause (viii); and
            (4) by inserting after clause (vi) the following:
                            ``(vii) at the discretion of the parent or 
                        the agency, a representative of a State- 
                        operated, State-supported, or State-aided 
                        school for the deaf; and''.

SEC. 105. CONSIDERATION OF SPECIAL FACTORS.

    Section 614(d)(3)(B)(iv) (20 U.S.C. 1414(d)(3)(B)(iv)) is amended 
to read as follows:
                            ``(iv) consider the linguistic needs of the 
                        child, and in the case of a child who is deaf, 
                        hard of hearing, or deafdisabled provide for--
                                    ``(I) the child's language and 
                                access, opportunities for direct 
                                communications, without an intermediary 
                                such as an interpreter, with peers and 
                                professional personnel in the child's 
                                primary language, including American 
                                Sign Language and, if appropriate, 
                                spoken language with or without visual 
                                supports, academic level, and full 
                                range of needs, including ensuring 
                                opportunities for direct instruction in 
                                the child's language; and
                                    ``(II) instruction--
                                            ``(aa) meeting the child's 
                                        unique learning needs, 
                                        including services and settings 
                                        to assist the child in 
                                        developing or maintaining age 
                                        appropriate language milestones 
                                        in the child's primary 
                                        language, American Sign 
                                        Language and written language 
                                        with or without speech therapy, 
                                        literacy instruction, 
                                        instruction which may be needed 
                                        by children without 
                                        disabilities or with other 
                                        disabilities but which must be 
                                        specifically designed, 
                                        modified, or delivered to meet 
                                        the unique learning needs of 
                                        children who are deaf, hard of 
                                        hearing, or deafdisabled; and
                                            ``(bb) that includes 
                                        assistive technology 
                                        proficiency, self sufficiency 
                                        and self-determination, 
                                        socialization, recreation and 
                                        fitness, independent living 
                                        skills, and age appropriate 
                                        career education; and''.

SEC. 106. MONITORING.

    Section 616(a) (20 U.S.C. 1416(a)) is amended by adding at the end 
the following:
            ``(5) Enhanced monitoring of services for certain 
        students.--In carrying out the responsibilities of this 
        subsection, the Secretary shall specifically monitor compliance 
        with sections 612(a)(3), 612(a)(5), 614(b), and clauses (iii) 
        and (iv) of section 614(d)(3)(B), as such sections are amended 
        by the Alice Cogswell and Anne Sullivan Macy Act, and shall 
        regularly report findings to Congress.''.

SEC. 107. CONTINUUM OF SERVICE DELIVERY OPTIONS.

    (a) Ensuring Continuum Availability.--Section 612(a)(5) (20 U.S.C. 
1412(a)(5)) is amended by adding at the end the following:
                    ``(C) Continuum of alternative placements.--The 
                State shall ensure that a full continuum of alternative 
                placements is available to meet the needs of children 
                with disabilities for special education and related 
                services. Such continuum shall include instruction in 
                regular classes, specialized classes, specialized 
                schools, home instruction, and instruction in hospitals 
                and institutions, and shall make provision for 
                supplementary services (such as a resource room or 
                itinerant instruction) to be provided in conjunction 
                with regular class placement.''.
    (b) Maintenance of Specialized Services and Settings for Students 
With Sensory Disabilities.--Section 612(a)(18) (20 U.S.C. 1412(a)(18)) 
is amended by adding at the end the following:
                    ``(E) Maintaining a continuum of placement 
                options.--For purposes of subparagraph (A), a State's 
                closure of a specialized school serving children who 
                are blind or a special school serving children who are 
                deaf (or the consolidation or merger of such school 
                with another school), shall be considered a reduction 
                of the State's financial support for special education 
                and related services resulting in a failure to meet a 
                condition on receipt of assistance under this part.''.

SEC. 108. TECHNICAL ASSISTANCE FOR PARENTS AND EDUCATORS OF CHILDREN 
              AND YOUTH WHO ARE DEAF, HARD OF HEARING, OR DEAFDISABLED.

    Section 616 (20 U.S.C. 1416) is amended by adding at the end the 
following:
    ``(j) Maintenance of Policy Guidance Concerning the Education of 
Children Who Are Deaf, Hard of Hearing, or Deafdisabled.--The Secretary 
shall ensure that not later than 1 year after the date of the enactment 
of the Alice Cogswell and Anne Sullivan Macy Act (and periodically 
thereafter but not less than once every 5 years), policy guidance 
concerning the provision of special education and related services to 
deaf, hard of hearing, and deafdisabled children (published at 57 Fed. 
Reg. 49274 (October 30, 1992)) is reviewed and updated (with particular 
attention to explanation of relevant amendments to this Act or to its 
implementing regulations) and is published in the Federal Register.''.

Subtitle B--Improving the Effectiveness of Early Intervention for Deaf, 
Hard of Hearing or Deafdisabled Infants and Toddlers and Their Families

SEC. 111. QUALIFIED PERSONNEL.

    Section 632(4)(F) (20 U.S.C. 1432(4)(F)) is amended--
            (1) in clause (xi), by striking ``and'' at the end;
            (2) in clause (xii), by adding ``and'' at the end; and
            (3) by adding at the end the following:
                            ``(xiii) teachers of infants and toddlers 
                        with sensory disabilities;''.

SEC. 112. NATURAL ENVIRONMENT.

    Section 632(4)(G) (20 U.S.C. 1432(4)(G)) is amended to read as 
follows:
                    ``(G) to the maximum extent appropriate, are 
                provided in natural environments--
                            ``(i) including the home, and community 
                        settings in which children without disabilities 
                        participate; and
                            ``(ii) which for infants and toddlers with 
                        sensory disabilities, particularly deafness, 
                        blindness, or deafblindness, shall include--
                                    ``(I) specialized schools, centers, 
                                and other programs where the child's 
                                language, including American Sign 
                                Language and written language with or 
                                without speech therapy, is the primary 
                                language and mode of communication; or
                                    ``(II) any school, center or other 
                                program or environment where services 
                                meeting the unique needs of infants and 
                                toddlers with sensory disabilities are 
                                available; and''.

SEC. 113. CONTENT OF PLAN.

    Section 636(d) (20 U.S.C. 1436(d)) is amended--
            (1) in paragraph (7), by striking ``and'' at the end;
            (2) in paragraph (8), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(9)(A) in the case of an infant or toddler who is deaf, 
        hard of hearing, or deafdisabled, a statement of the ongoing 
        language assessment that will be provided to the child, 
        language development goals commensurate with the child's 
        cognitive abilities, the language access that will be provided, 
        including documentation of providing access to ongoing 
        opportunities for direct language learning access to peers, 
        early intervention service providers, and other professional 
        personnel in American Sign Language and, if appropriate, spoken 
        language with or without visual supports, and the support and 
        instruction that will be provided to families to learn and 
        support the child's language acquisition and development;''.

 Subtitle C--National Activities To Improve Education of Children With 
                              Disabilities

SEC. 121. PERSONNEL DEVELOPMENT TO IMPROVE SERVICES AND RESULTS FOR 
              CHILDREN WITH DISABILITIES.

    (a) Licensing of Educational Interpreters.--Section 662(c)(2)(E) 
(20 U.S.C. 1462(c)(2)(E)) is amended to read as follows:
                    ``(E) Preparing personnel to be qualified 
                educational interpreters, as licensed by the 
                appropriate licensing body, to assist (but not teach 
                language to) children with low incidence disabilities, 
                particularly deaf, hard of hearing, and deafdisabled 
                children, in school and school-related activities, and 
                deaf, hard of hearing, and deafdisabled infants, 
                toddlers, and preschool children in early intervention 
                and preschool programs, except that this subparagraph 
                shall not be construed to authorize the replacement of 
                the essential service of an interpreter by other 
                personnel (including replacement by a communication 
                facilitator).''.
    (b) Ensuring Sufficient Teachers of the Deaf and Early Intervention 
Specialists.--Section 662(c)(2) (20 U.S.C. 1462(c)(2)) is amended--
            (1) by redesignating subparagraphs (F) and (G) as 
        subparagraphs (G) and (H), respectively; and
            (2) by inserting after subparagraph (E) the following:
                    ``(F) Preparing personnel to be qualified teachers 
                of the deaf and early intervention specialists, to 
                assist children with low incidence disabilities, 
                particularly deaf, hard of hearing, and deafdisabled 
                children, to develop age appropriate language, 
                including American Sign Language and, if appropriate, 
                spoken language with or without visual supports, and 
                age appropriate literacy skills in school and school-
                related activities, and deaf, hard of hearing, and 
                deafdisabled infants and toddlers and preschool 
                children in early intervention and preschool 
                programs.''.

TITLE II--IMPROVING THE EFFECTIVENESS OF SPECIAL EDUCATION AND RELATED 
   SERVICES FOR CHILDREN AND YOUTH WHO ARE BLIND OR VISUALLY IMPAIRED

                     Subtitle A--General Provisions

SEC. 201. IDENTIFYING CHILDREN AND YOUTH WHO ARE BLIND OR VISUALLY 
              IMPAIRED.

    (a) Serving All Children Who Are Blind or Visually Impaired 
Regardless of Classification.--Section 612(a)(3) (20 U.S.C. 
1412(a)(3)), as amended by section 101(a) of this Act, is further 
amended at the end by adding the following:
                    ``(D) Serving children who are blind or visually 
                impaired.--When a State classifies children by 
                disability, the State, in complying with this 
                subsection--
                            ``(i) identifies, locates and evaluates 
                        children who are blind or visually impaired who 
                        are, or may be, classified in a disability 
                        category other than blindness or visual 
                        impairment; and
                            ``(ii) provides (without prejudice to such 
                        classification) special education and related 
                        services to such children, including the 
                        specific services determined appropriate based 
                        on proper evaluation as would be provided to 
                        children classified in the State as having 
                        blindness.''.
    (b) Data Collection and Reporting.--Section 618 (20 U.S.C. 1418), 
as amended by section 101(b) of this Act, is further amended by adding 
at the end the following:
    ``(f) Accounting for Children Who Are Blind or Visually Impaired.--
In addition to the other data collection and reporting requirements of 
this section and subject to such provisions, the State and the 
Secretary of the Interior shall, with respect to children classified in 
a disability category other than blindness, include the number and 
percentage of such children in each disability category who are also 
blind or visually impaired.''.
    (c) Child With a Disability.--Section 602(3)(A)(i) (20 U.S.C. 
1401(3)(A)(i)), as amended by section 101(c) of this Act, is further 
amended by inserting ``or low vision'' after ``blindness''.

SEC. 202. STATE PLANS.

    Section 612 (20 U.S.C. 1412), as amended by section 102 of this 
Act, is further amended at the end by adding the following:
    ``(h) Addendum Concerning Children Who Are Blind or Visually 
Impaired.--
            ``(1) In general.--Notwithstanding the provisions of 
        subsection (c), a State shall not be determined to be in 
        compliance with this section unless, not later than 2 years 
        after the date of the enactment of the Alice Cogswell and Anne 
        Sullivan Macy Act, the State files with the Secretary a written 
        addendum to the plan required by this section describing how 
        the State ensures that--
                    ``(A) children who are blind or visually impaired 
                (regardless of the State's use of disability categories 
                or the extent to which children with blindness or 
                visual impairment may be classified in disability 
                categories other than blindness) are evaluated for such 
                children's need for instruction and services meeting 
                their unique academic and related learning needs, 
                including instruction which may be needed by children 
                without disabilities or with other disabilities but 
                which must be specifically designed, modified, or 
                delivered to meet the unique academic and related 
                learning needs of children with blindness or visual 
                impairment;
                    ``(B) there is sufficient availability of personnel 
                within the State qualified to provide the instruction 
                described in subparagraph (A) to all children within 
                the State requiring such instruction; and
                    ``(C) all children who are blind or visually 
                impaired within the State who need special education 
                and related services, whether or not such children have 
                other disabilities, receive such instruction and are 
                not being served solely in accordance with section 504 
                of the Rehabilitation Act of 1973 (29 U.S.C. 794).
            ``(2) Contents.--In preparing the addendum described in 
        paragraph (1), the State shall--
                    ``(A) specifically address how the State meets the 
                needs of children who are blind or visually impaired 
                for instruction in Braille, proficient use of assistive 
                technologies (both at home and in school and including 
                low vision devices as determined appropriate), 
                orientation and mobility (provided and exercised in a 
                variety of environments including at home, in school, 
                and in community), self-determination, sensory 
                efficiency, socialization, recreation and fitness, 
                independent living skills, and age-appropriate career 
                education;
                    ``(B) describe how the State will ensure the proper 
                administration of widely recognized and research-based 
                evaluations (including Learning Media Assessments, 
                Functional Vision Evaluations, and other similarly 
                well-established evaluation methodologies and tools) 
                that are administered by the highest qualified 
                personnel in the State specializing in blindness or 
                visual impairment; and
                    ``(C) consult with individuals and organizations 
                with expertise in the education of children who are 
                blind or visually impaired, including parents, consumer 
                and advocacy organizations, and teachers of students 
                with visual impairments and others the State may 
                identify.''.

SEC. 203. EVALUATIONS.

    Section 614(b) (20 U.S.C. 1414(b)), as amended by section 103(a) of 
this Act, is further amended by adding at the end the following:
            ``(8) Blindness or visual impairment.--
                    ``(A) In general.--In conducting the assessments 
                prescribed in paragraph (3)(B), determination of the 
                need of children who are blind or visually impaired 
                (including children who may have additional 
                disabilities) for special education and related 
                services shall include evaluation of such children's 
                unique learning needs, including needs for instruction 
                which may be needed by children without disabilities or 
                with other disabilities but which must be specifically 
                designed, modified, or delivered to meet the unique 
                learning needs of children who are blind or visually 
                impaired. Such assessments shall also include widely 
                recognized and research-based evaluations (including 
                Learning Media Assessments, Functional Vision 
                Evaluations, and other similarly well-established 
                evaluation methodologies and tools) administered by the 
                highest qualified personnel in the State specializing 
                in blindness or visual impairment.
                    ``(B) Content of evaluations.--The evaluations 
                described in subparagraph (A) shall, at a minimum, 
                include evaluations assessing the need for instruction 
                in Braille, proficient use of assistive technologies 
                (both at home and in school and which includes low 
                vision devices as determined appropriate), orientation 
                and mobility (provided and exercised in a variety of 
                environments including at home, in school, and in 
                community), self-determination, sensory efficiency, 
                socialization, recreation and fitness, independent 
                living skills, and age-appropriate career education.''.

SEC. 204. CONSIDERATION OF SPECIAL FACTORS.

    Section 614(d)(3)(B)(iii) (20 U.S.C. 1414(d)(3)(B)(iii)) is amended 
to read as follows:
                            ``(iii) in the case of a child who is blind 
                        or visually impaired--
                                    ``(I) provide for instruction in 
                                Braille and the use of Braille unless--
                                            ``(aa) the IEP Team 
                                        determines (after a properly 
                                        administered Learning Media 
                                        Assessment, Functional Vision 
                                        Evaluation, and any additional 
                                        assessment administered or 
                                        overseen by a teacher of 
                                        students with visual 
                                        impairments, including an 
                                        assessment of the child's 
                                        future needs for instruction in 
                                        Braille or the use of Braille) 
                                        that instruction in Braille or 
                                        the use of Braille is not 
                                        appropriate for the child; and
                                            ``(bb) the parent has given 
                                        specific written informed 
                                        parental consent; and
                                    ``(II) provide instruction meeting 
                                the child's unique learning needs, 
                                including instruction which may be 
                                needed by students without disabilities 
                                or with other disabilities but which 
                                must be specifically designed, 
                                modified, or delivered to meet the 
                                unique learning needs of children who 
                                are blind or visually impaired, which 
                                instruction includes proficient use of 
                                assistive technologies (both at home 
                                and in school and which includes low 
                                vision devices as determined 
                                appropriate), orientation and mobility 
                                (provided and exercised in a variety of 
                                environments including at home, in 
                                school, and in community), self-
                                determination, sensory efficiency, 
                                socialization, recreation and fitness, 
                                independent living skills, and age 
                                appropriate career education;''.

SEC. 205. TECHNICAL ASSISTANCE FOR PARENTS AND EDUCATORS OF CHILDREN 
              AND YOUTH WHO ARE BLIND OR VISUALLY IMPAIRED.

    Section 616 (20 U.S.C. 1416), as amended by section 108 of this 
Act, is further amended by adding at the end the following:
    ``(k) Maintaining Current Policy Guidance for Parents and Educators 
of Children Who Are Blind or Visually Impaired.--The Secretary shall 
ensure that not later than 1 year after the date of the enactment of 
the Alice Cogswell and Anne Sullivan Macy Act (and periodically 
thereafter but not less than once every 5 years), policy guidance 
concerning the provision of special education and related services to 
children who are blind or visually impaired (published at 65 Fed. Reg. 
36586 (June 8, 2000)) is reviewed and updated (with particular 
attention to explanation of relevant amendments to the Alice Cogswell 
and Anne Sullivan Macy Act or to its implementing regulations) and is 
published in the Federal Register.''.

SEC. 206. RELATED SERVICES.

    Section 602(26)(A) (20 U.S.C. 1401(26)(A)) is amended by inserting 
``vision rehabilitation therapy,'' after ``rehabilitation 
counseling,''.

SEC. 207. PERSONNEL DEVELOPMENT TO IMPROVE SERVICES AND RESULTS FOR 
              CHILDREN WITH BLINDNESS OR VISUAL IMPAIRMENT.

    Section 662(c)(2)(D) (20 U.S.C. 1462(c)(2)(D)) is amended to read 
as follows:
                    ``(D) Preparing personnel to provide the complete 
                array of specialized instruction and services 
                appropriate to children who are blind or visually 
                impaired (including children with ocular or brain-based 
                visual impairment), including instruction in Braille, 
                proficient use of assistive technologies (both at home 
                and in school and which includes low vision devices as 
                determined appropriate), orientation and mobility 
                (provided and exercised in a variety of environments 
                including at home, in school, and in community), self-
                determination, sensory efficiency, socialization, 
                recreation and fitness, independent living skills, and 
                age-appropriate career education to fully serve and 
                support such children and their families and to improve 
                early intervention, educational and transitional 
                results.''.

SEC. 208. CLARIFYING ELIGIBLE USERS OF ACCESSIBLE INSTRUCTIONAL 
              MATERIALS.

    Section 674(e)(3)(A) (20 U.S.C. 1474(e)(3)(A)) is amended to read 
as follows:
                    ``(A) Blind or other persons with print 
                disabilities.--The term `blind or other persons with 
                print disabilities' means children served under this 
                Act, or children served by elementary schools and 
                secondary schools pursuant to section 504 of the 
                Rehabilitation Act of 1973 (as amended) (29 U.S.C. 794) 
                and its implementing regulations, and who may qualify 
                in accordance with the Act entitled `An Act to provide 
                books for the adult blind', approved March 3, 1931 (2 
                U.S.C. 135a; 46 Stat. 1487), to receive books and other 
                publications produced in specialized formats.''.

   Subtitle B--Specialized Early Childhood Intervention Services to 
        Infants and Toddlers Who Are Blind or Visually Impaired

SEC. 209. CONTENT OF PLAN.

    Section 636(d)(9) (20 U.S.C. 1436(d)), as amended by section 113 of 
this Act, is further amended by adding at the end the following:
            ``(B) in the case of an infant or toddler who is blind or 
        visually impaired, a statement of the ongoing developmental and 
        educational assessment that will be provided to the child, 
        early intervention service providers specializing in blindness 
        or visual impairment (including ocular or brain-based visual 
        impairment), instruction in Braille (inclusive of a range of 
        instructional strategies, including pre-literacy tactual 
        exposure to Braille code reading and writing), orientation and 
        mobility (provided and exercised in a variety of environments 
        both within and outside the home), socialization, sensory 
        efficiency, exposure to assistive technologies (including low 
        vision devices as determined appropriate), self-determination, 
        recreation and fitness, and age-appropriate transitional 
        services, and the support and instruction that will be provided 
        to families to learn and support the child's acquisition, 
        retention and age-appropriate mastery of the instruction and 
        services provided to such child; and''.

    Subtitle C--Anne Sullivan Macy Center on Visual Disability and 
                         Educational Excellence

SEC. 211. CENTER ESTABLISHMENT AND MISSION.

    (a) Establishment.--There is established within the Department of 
Education a national program named the Anne Sullivan Macy Center on 
Visual Disability and Educational Excellence, which shall carry out the 
activities described in section 213 in furtherance of the mission 
described in subsection (b).
    (b) Mission.--The mission of the program established in subsection 
(a) is to better support students with visual disabilities receiving 
special education and related services to learn effectively and live 
productively and independently through--
            (1) development and dissemination of curricula, courses, 
        materials, and methods supporting the continuing education of 
        personnel qualified under State law to serve as teachers of 
        students with visual impairments and related services personnel 
        serving such children;
            (2) support for the establishment of programs within 
        institutions of higher education to prepare teachers of 
        children who are blind or visually impaired to serve children 
        who are blind or visually impaired who also have additional 
        disabilities;
            (3) model local, regional, and national enrichment projects 
        open to children who are blind or visually impaired intended to 
        supplement State and local educational agency provision of 
        specialized instruction and services meeting such children's 
        unique learning needs; and
            (4) research identifying, developing, and evaluating valid 
        assessments and effective interventions measuring and 
        addressing the unique needs of children who are blind or 
        visually impaired, including need for instruction and 
        services--
                    (A) which may be needed by children without 
                disabilities or with other disabilities but which must 
                be specifically designed, modified, or delivered to 
                meet the unique learning needs of children who are 
                blind or visually impaired; and
                    (B) which, at a minimum, shall include instruction 
                in Braille, proficient use of assistive technologies 
                (both at home and in school and which includes low 
                vision devices as determined appropriate), orientation 
                and mobility (provided and exercised in a variety of 
                environments including at home, in school, and in 
                community), self-determination, sensory efficiency, 
                socialization, recreation and fitness, independent 
                living skills, and age-appropriate career education.

SEC. 212. ADMINISTRATION; ELIGIBILITY; GOVERNANCE; STRUCTURE.

    (a) Administration.--To carry out the provisions of section 211, 
the Secretary of Education shall enter into a contract or cooperative 
agreement (of no less than 5 years in duration) with a consortium of 
entities described in subsection (b) which shall, with oversight by the 
Secretary, have primary responsibility for administering the program 
described in this subtitle. The Secretary shall have ongoing authority 
to enter into such contracts or cooperative agreements.
    (b) Eligibility.--The consortium of entities described in 
subsection (a) shall include--
            (1) not less than 1 nonprofit professional membership 
        association which both operates a program for accreditation of 
        institutions of higher education preparing teachers of children 
        who are blind or visually impaired or orientation and mobility 
        specialists and which maintains a continuing education program 
        supporting the ongoing professional development of such 
        personnel;
            (2) not less than 1 national nonprofit organization, which 
        may include a manufacturer of products or publisher of 
        materials or a special school or center with demonstrated 
        experience directly serving children who are blind or visually 
        impaired (including students who may or may not have additional 
        disabilities);
            (3) not less than 1 institution of higher education that--
                    (A) has consistently maintained for not less than 
                10 years a program of instruction preparing teachers of 
                children who are blind or visually impaired or 
                orientation and mobility specialists; and
                    (B) offers a program of doctoral study in special 
                education; and
            (4) any other entity or entities with which the entities 
        described in paragraphs (1), (2), and (3) choose to partner 
        (with approval of the Secretary).
    (c) Governance.--
            (1) In general.--As part of the Secretary's oversight 
        responsibilities, the Secretary shall appoint an advisory board 
        (of no more than 12 individual members who do not have a 
        concurrent contractual, fiscal, fiduciary, or employment 
        relationship with any of the entities comprising the consortium 
        described in subsection (b)) which shall advise the Secretary 
        and such consortium of entities with respect to strategic 
        planning and annual program performance.
            (2) Composition.--The advisory board shall be comprised of 
        individuals with personal or professional experience with the 
        needs of children who are blind or visually impaired, and shall 
        include parents of children who are blind or visually impaired 
        (including children with additional disabilities), 
        administrators of special education programs (including State 
        and local educational agency program administrators), and 
        representatives of national, regional, or community-based 
        organizations of individuals who are blind or visually impaired 
        and the professionals who serve them.
            (3) Compensation.--The Secretary may compensate the members 
        of the advisory board for reasonable expenses incurred for 
        travel related to in-person meetings of the advisory board, 
        which shall occur no more frequently than 3 times within a 
        calendar year.
            (4) FACA.--The provisions of the Federal Advisory Committee 
        Act shall not apply to meetings or other activities of the 
        advisory board.
            (5) Consultation prior to appointment.--Prior to the 
        appointment of any individual to the advisory board, the 
        Secretary shall consult with such consortium of entities, which 
        may also nominate individuals to the Secretary for advisory 
        board membership.
    (d) Structure.--The Secretary, as part of the contract or 
cooperative agreement described in subsection (a), shall ensure that 
such contract or cooperative agreement specifies any and all necessary 
fiscal and other responsibilities between and among the entities 
described in subsection (b) whom shall propose such responsibilities to 
the Secretary in an application for award of such contract or 
cooperative agreement containing such information as the Secretary may 
require.

SEC. 213. ACTIVITIES.

    Subject to the provisions of this subtitle, the Anne Sullivan Macy 
Center on Visual Disability and Educational Excellence shall--
            (1) conduct or fund original quantitative and qualitative 
        research and publish or otherwise disseminate such research;
            (2) conduct or fund in-person and online continuing 
        education opportunities for teachers of children who are blind 
        or visually impaired and related services personnel 
        specifically trained to meet the unique learning needs of such 
        students, and prepare, publish or otherwise disseminate 
        supporting materials;
            (3) conduct or fund in-person or online enrichment projects 
        for children who are blind or visually impaired (including 
        those who may also have additional disabilities) to offer 
        direct instruction and services intended to improve the 
        capacity of such students to learn effectively and live both 
        productively and independently for the purpose of--
                    (A) supplementing the availability of such 
                instruction and services offered by State and local 
                educational agencies; and
                    (B) evaluating, through appropriate quantitative 
                and qualitative methods, the effectiveness of 
                instruction and services offered by such projects;
            (4) fund the establishment or maintenance of programs 
        within institutions of higher education preparing teachers of 
        children who are blind or visually impaired and related 
        services personnel to better equip such personnel both to 
        provide expert instruction and services to infants and toddlers 
        with blindness or visual impairment and their families and to 
        provide specialized instruction and services to children with 
        blindness and visual impairment who may have additional 
        disabilities; and
            (5) enter into cooperative agreements, contracts, grants 
        (or other arrangements which may be permitted by the Secretary) 
        with nonprofit organizations possessing demonstrable expertise 
        and experience serving children who are blind or visually 
        impaired or the professionals trained to work with such 
        students, institutions of higher education, State and local 
        educational agencies, public and private specialized schools 
        serving students with visual disabilities, and consortia of 
        such entities, for the purpose of carrying out activities 
        authorized in this section that are not otherwise directly 
        conducted, in whole or in part, by the Anne Sullivan Macy 
        Center on Visual Disability and Educational Excellence.

SEC. 214. AUTHORIZATION OF APPROPRIATIONS AND CARRYOVER.

    (a) Authorization of Appropriations.--To carry out the provisions 
of this subtitle, there are authorized to be appropriated such sums as 
may be necessary, except that appropriations made during any fiscal 
year shall be maintained at the funding level appropriated in such 
fiscal year or increased over such funding level for a period of not 
less than 4 subsequent fiscal years.
    (b) Carryover.--Funds appropriated pursuant to subsection (a) that 
have not been expended during the fiscal year for which they were 
appropriated shall remain available in the subsequent fiscal year, 
except that no more than 15 percent of a given fiscal year's 
appropriation may be so carried over.

SEC. 215. RELATIONSHIP TO OTHER PROGRAMS AND ACTIVITIES.

    (a) Coordination of Research.--The Secretary shall ensure that 
research activities authorized and carried out pursuant to this 
subtitle are conducted or funded in coordination as appropriate with 
the National Center for Special Education Research and other divisions 
within the Department of Education responsible for research activities.
    (b) Relationship to Services Offered by the American Printing House 
for the Blind.--Nothing in this subtitle shall be construed to limit or 
otherwise condition the use of any funds appropriated pursuant to the 
Act to Promote the Education of the Blind (20 U.S.C. 101 et seq.) and 
no funds made available pursuant to this subtitle shall be used by any 
State or local educational agency to supplant the use of funds 
appropriated under such Act.
    (c) Relationship to Funding for National Center on Deaf-Blindness, 
State Deafblind Projects, and the Helen Keller National Center.--The 
Secretary shall ensure that any activities conducted or funded by the 
Anne Sullivan Macy Center directly serving individuals who are 
deafblind are coordinated as appropriate with the National Center on 
Deaf-Blindness, State 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 
deafblind projects pursuant to sections 663(c)(8)(A) and 682(d)(1)(A) 
of the Individuals with Disabilities Education Act (20 U.S.C. 
1463(c)(8)(A); 20 U.S.C. 1482(d)(1)(A)). No funds made available 
pursuant to this title may be used to support activities that are 
otherwise the sole responsibility of the Helen Keller National Center 
or may be used to supplant funds for such Center.
    (d) Work Product.--All matter produced by the Anne Sullivan Macy 
Center on Visual Disability and Educational Excellence shall be the 
property of the United States Government, except that entities 
comprising the consortium of entities described in section 212(b) shall 
be individually free, within the terms of the contract or cooperative 
agreement described in section 212(a), to reproduce, or author 
copyrighted derivative works, using such matter.

TITLE III--IMPROVING THE EFFECTIVENESS OF SPECIAL EDUCATION AND RELATED 
           SERVICES FOR CHILDREN AND YOUTH WHO ARE DEAFBLIND

                     Subtitle A--General Provisions

SEC. 301. IDENTIFYING CHILDREN AND YOUTH WHO ARE DEAFBLIND.

    (a) Serving All Children Who Are Deafblind Regardless of 
Classification.--Section 612(a)(3) (20 U.S.C. 1412(a)(3)), as amended 
by sections 101(a) and 201(a) of this Act, is further amended by adding 
at the end the following:
                    ``(E) Serving children who are deafblind.--When a 
                State classifies children by disability, the State, in 
                complying with subsection (a)--
                            ``(i) identifies, locates and evaluates 
                        children with concomitant vision and hearing 
                        losses who are, or may be, classified in a 
                        disability category other than deafblindness; 
                        and
                            ``(ii) provides (without prejudice to such 
                        classification) special education and related 
                        services to such children, including the 
                        specific services determined appropriate based 
                        on proper evaluation as would be provided to 
                        children classified in the State as having 
                        deafblindness.''.
    (b) Data Collection and Reporting.--Section 618 (20 U.S.C. 1418), 
as amended by sections 101(b) and 201(b) of this Act, is further 
amended by adding at the end the following:
    ``(g) Accounting for Children Who Are Deafblind.--In addition to 
the other data collection and reporting requirements of this section 
and subject to such provisions, the State and the Secretary of the 
Interior shall, with respect to children classified in a disability 
category other than deafblindness, include the number and percentage of 
such children in each disability category who are also deafblind.''.
    (c) Child With a Disability.--Section 602(3)(A)(i) (20 U.S.C. 
1401(3)(A)(i)), as amended by sections 101(c) and 201(c) of this Act, 
is further amended by inserting ``deafblindness,'' before ``serious''.

SEC. 302. RELATED SERVICES.

    Section 602(26)(A) (20 U.S.C. 1401(26)(A)), as amended by section 
206 of this Act, is further amended by inserting ``, and intervener 
services, which are provided to children who are deafblind by a 
qualified intervener'' after ``for diagnostic and evaluation purposes 
only''.

SEC. 303. STATE PLANS.

    Section 612 (20 U.S.C. 1412), as amended by sections 102 and 202 of 
this Act, is further amended by adding at the end the following:
    ``(i) Addendum Concerning Children Who Are Deafblind.--
            ``(1) In general.--Notwithstanding the provisions of 
        subsection (c), a State shall not be determined to be in 
        compliance with this section unless, not later than 2 years 
        after the date of the enactment of the Alice Cogswell and Anne 
        Sullivan Macy Act, the State files with the Secretary a written 
        addendum to the plan required by this section describing how 
        the State ensures that--
                    ``(A) children who are deafblind (regardless of the 
                State's use of disability categories or the extent to 
                which children with deafblindness may be classified in 
                disability categories other than deafblindness) are 
                evaluated by qualified professionals, including 
                teachers of the deafblind, using valid and reliable 
                assessments, for such children's need for instruction 
                and services that meet their unique language and 
                communication, literacy, academic, social and related 
                learning needs, including instruction which may be 
                needed by children without disabilities or with other 
                disabilities but which must be specifically designed, 
                modified, or delivered to meet the unique language and 
                communication, academic, and related learning needs of 
                children who are deafblind;
                    ``(B) there is sufficient availability of 
                personnel, including teachers of the deafblind and 
                interveners, within the State qualified to provide the 
                evaluation, instruction, and services described in 
                subparagraph (A) to all children within the State 
                requiring such instruction; and
                    ``(C) all children who are deafblind within the 
                State who need special education and related services, 
                whether or not such children have other disabilities, 
                receive such instruction and are not being served 
                solely in accordance with section 504 of the 
                Rehabilitation Act of 1973 (29 U.S.C. 794).
            ``(2) Contents.--In preparing the addendum described in 
        paragraph (1), the State shall--
                    ``(A) specifically address how the State meets the 
                needs of children who are deafblind to support ongoing 
                progress in language development and in the child's 
                preferred mode of communication, and including the 
                provision of school-related opportunities for direct 
                communications with peers and professional personnel in 
                the child's preferred mode of communication and 
                opportunities for direct instruction in (but not 
                limited to) concept development, functional skills for 
                academic success, self-determination and advocacy, 
                social-emotional skills, visual and auditory sensory 
                efficiency skills, orientation and mobility, assistive 
                technology proficiency, independent living skills, age-
                appropriate career education, and support for the 
                student through family education; and
                    ``(B) consult with individuals and organizations 
                with expertise in the education of children who are 
                deafblind, including parents, consumers, advocacy 
                organizations, national and State organizations focused 
                on deafblindness, and others the State may identify.''.

SEC. 304. EVALUATIONS.

    Section 614(b) (20 U.S.C. 1414(b)), as amended by sections 103(a) 
and 203 of this Act, is further amended by adding at the end the 
following:
            ``(9) Children who are deafblind.--
                    ``(A) In general.--In conducting the assessments 
                prescribed in paragraph (3)(B), children who are 
                deafblind (including children who may have additional 
                disabilities) shall be evaluated on language and 
                communication proficiency levels, including expressive, 
                receptive, and pragmatic skills, and ability to access 
                grade level content in the child's preferred mode of 
                communication, including non-symbolic and symbolic 
                communication and tactile sign language. Qualified 
                personnel trained in deafblindness, who communicate in 
                the child's preferred mode of communication, shall be 
                actively involved in assessments and evaluations. The 
                requirements included in paragraphs (7)(A) and (8)(A) 
                shall also apply to children who are deafblind.
                    ``(B) Content of evaluations.--The evaluations 
                described in subparagraph (A) shall, at a minimum, 
                include evaluations assessing the need for services and 
                supports to assist children who are deafblind in 
                developing and maintaining language and communication 
                skills in their preferred mode of communication, 
                including non-symbolic and symbolic communication and 
                tactile sign language. Other areas of evaluation for 
                children who are deafblind shall include those found in 
                paragraphs (7)(B) and (8)(B).''.

SEC. 305. CONSIDERATION OF SPECIAL FACTORS.

    Section 614(d)(3)(B), as amended by section 105 of this Act (20 
U.S.C. 1414(d)(3)(B)) is further amended--
            (1) in clause (iv), by striking ``and'' at the end;
            (2) by redesignating clause (v) as clause (vi); and
            (3) by inserting after clause (iv) the following:
                            ``(v) in the case of a child who is 
                        deafblind, provide for the child's language and 
                        communication needs, including tactile sign 
                        language, tactile and visual adaptations to 
                        sign and fingerspelling, and object and 
                        tangible symbol systems. The requirements 
                        included in clauses (iii) and (iv) shall also 
                        apply to children who are deafblind; and''.

SEC. 306. TECHNICAL ASSISTANCE FOR PARENTS AND EDUCATORS OF CHILDREN 
              AND YOUTH WHO ARE DEAFBLIND.

    Section 616 (20 U.S.C. 1416), as amended by sections 108 and 205 of 
this Act, is further amended by adding at the end the following:
    ``(l) Developing Policy Guidance for Parents and Educators of 
Children Who Are Deafblind.--The Secretary shall ensure that not later 
than 1 year after the date of the enactment of the Alice Cogswell and 
Anne Sullivan Macy Act, policy guidance concerning the provision of 
special education and related services to children who are deafblind is 
developed (and periodically thereafter but not less than once every 5 
years, updated) with particular attention to explanation of relevant 
amendments to this Act or to its implementing regulations and is 
published in the Federal Register.''.

SEC. 307. CONFORMING REGULATIONS.

    Section 617 (20 U.S.C. 1417) is amended by adding at the end the 
following:
    ``(f) Not later than 1 year after the date of the enactment of the 
Alice Cogswell and Anne Sullivan Macy Act, the Secretary shall, after 
notice and comment, publish regulations that provide definitions for 
`deafblindness' and `intervener services'.''.

   Subtitle B--Improving the Effectiveness of Early Intervention for 
       Infants and Toddlers Who Are Deafblind and Their Families

SEC. 311. CONTENT OF PLAN.

    Section 636(d)(9) (20 U.S.C. 1436(d)), as amended by sections 113 
and 209 of this Act, is further amended by adding at the end the 
following:
            ``(C) in the case of an infant or toddler who is deafblind, 
        a statement of the ongoing language and communication 
        assessment that will be provided to the child, language and 
        communication development goals commensurate with the child's 
        cognitive abilities, the language and communication access that 
        will be provided, including ongoing opportunities for direct 
        language learning and communication access to peers, early 
        intervention service providers, and other professional 
        personnel trained in the child's preferred mode of 
        communication, and the support and instruction that will be 
        provided to families to learn and support the child's language 
        and communication mode and the child's full range of needs.''.

 Subtitle C--National Activities To Improve the Education of Children 
                           With Disabilities

SEC. 321. PERSONNEL DEVELOPMENT TO IMPROVE SERVICES AND RESULTS FOR 
              CHILDREN WITH DISABILITIES; ENSURING SUFFICIENT TEACHERS 
              OF CHILDREN WHO ARE DEAFBLIND, INTERVENERS, AND EARLY 
              INTERVENTION SPECIALISTS.

    Section 662(c)(2) (20 U.S.C. 1462(c)(2)), as amended by section 
121(b) of this Act, is further amended--
            (1) by redesignating subparagraphs (G) and (H) (as 
        redesignated by section 121(b)(1) of this Act) as subparagraphs 
        (I) and (J), respectively; and
            (2) by inserting after subparagraph (F) (as inserted by 
        section 121(b)(2) of this Act) the following:
                    ``(G) Preparing personnel to be qualified teachers 
                of children who are deafblind and early intervention 
                specialists, to assist children who are deafblind in 
                schools and school-related activities, as well as 
                toddlers and preschool children who are deafblind in 
                early intervention and preschool programs, to develop 
                communication and literacy skills, to be able to 
                access, organize and utilize information about the 
                environment, and to acquire concepts essential for 
                learning.
                    ``(H) Preparing personnel to be qualified 
                interveners as individualized supports to assist 
                children who are deafblind in school and school-related 
                activities, and infants and toddlers and preschool 
                children who are deafblind in early intervention and 
                preschool programs.''.
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