,i #aacth ,,congress #b;d ,session ,h4 ,r4 #djdj ,,in ,,the ,,house ,,of ,,representatives ,february #aa1 #bjad ,mr4 ,cartwright 7for himself1 ,mr4 ,takano1 and ,mr4 ,stockman7 introduced the following bill2 which was referred to the ,committee on ,education and the ,workforce ,a ,,bill ,to promote and ensure delivery of high quality special education and related services to students with visual disabilities or who are deaf or hard of hearing through instructional methodologies meeting their unique learning needs2 to enhance accountability for the provision of such services1 and for other purposes4 #a4 ,short title2 references2 table of contents 7a7 ,short title ,this ,act may be cited as the ,alice ,cogswell and ,anne ,sullivan ,macy ,act4 7b7 ,references ,except as otherwise expressly provided1 whenever in this ,act an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adjj et seq474 7c7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 references2 table of contents4 ,sec4 #b4 ,purposes4 ,title ,i--,improving the ,effectiveness of ,special ,education and ,related ,services and for ,students who are ,deaf or ,hard of ,hearing ,subtitle ,a--,general provisions ,sec4 #aja4 ,findings4 ,sec4 #ajb4 ,identifying students who are deaf or hard of hearing4 ,sec4 #ajc4 ,state plans4 ,sec4 #ajd4 ,evaluations4 ,sec4 #aje4 ,individualized education program team4 ,sec4 #ajf4 ,consideration of special factors4 ,sec4 #ajg4 ,monitoring4 ,sec4 #ajh4 ,continuum of service delivery options4 ,sec4 #aji4 ,technical assistance for parents and educators of students who are deaf or hard of hearing4 ,subtitle ,b--,improving the ,effectiveness of ,early ,intervention for ,deaf or ,hard of ,hearing ,infants and ,toddlers and ,their ,families ,sec4 #aaa4 ,qualified personnel4 ,sec4 #aab4 ,natural environment4 ,sec4 #aac4 ,content of plan4 ,subtitle ,c--,national ,activities ,to ,improve ,education of ,children with ,disabilities ,sec4 #aba4 ,personnel development to improve services and results for children with disabilities4 ,title ,,ii--,improving the ,effectiveness of ,special ,education and ,related ,services for ,students with ,visual ,disabilities ,subtitle ,a--,general provisions ,sec4 #bja4 ,findings4 ,sec4 #bjb4 ,identifying students with visual disabilities4 ,sec4 #bjc4 ,state plans4 ,sec4 #bjd4 ,evaluations4 ,sec4 #bje4 ,consideration of special factors4 ,sec4 #bjf4 ,technical assistance for parents and educators of students with visual disabilities4 ,subtitle ,b--,anne ,sullivan ,macy ,center on ,visual ,disability and ,educational ,excellence ,sec4 #baa4 ,center establishment and mission4 ,sec4 #bab4 ,administration2 eligibility2 governance2 structure4 ,sec4 #bac4 ,activities4 ,sec4 #bad4 ,authorization of appropriations and carryover4 ,sec4 #bae4 ,relationship to other programs and activities4 #b4 ,purposes ,the purposes of this ,act are as follows3 7#a7 ,to better ensure delivery of high quality special education and related services to students with visual disabilities or who are deaf or hard of hearing through specialized instructional services and methodologies designed to meet their unique language1 communication1 and learning needs4 7#b7 ,to better ensure delivery of high quality early intervention services to infants and toddlers who are deaf or hard of hearing and their families through specialized services and methodologies designed to meet their unique language1 communication1 and other developmental needs4 7#c7 ,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 disabilities4 7#d7 ,to enhance accountability for the provision of such services4 7#e7 ,to support the development of personnel serving students with visual disabilities or who are deaf or hard of hearing4 ,i ,improving the ,effectiveness of ,special ,education and ,related ,services and for ,students who are ,deaf or ,hard of ,hearing ,a ,general provisions #aja4 ,findings 7a7 ,findings ,the ,congress finds the following3 7#a7 ,the history of the education of deaf and hard of hearing students in the ,united ,states began with the education of ,alice ,cogswell in ,connecticut in the early #ahjjs4 ,born in #ahje1 ,alice became deaf at a young age4 ,by the time she was nine1 she was befriended by a neighbor1 ,thomas ,gallaudet1 who demonstrated that she could make the association between objects and the written words for them4 ,soon she became the focus of an initiative to found a school for deaf individuals in ,america4 ,in ,april of #ahag1 ,gallaudet and a deaf teacher1 ,laurent ,clerc1 opened the first successful ,american school for deaf persons--the ,american ,school for the ,deaf--with ,alice as its first pupil4 ,from an initial class of seven students1 the school grew into a national institution1 the mother school of many subsequent schools for the deaf and the training ground for their principals and teachers4 ,alice ,cogswell's story reminds us that deaf and hard of hearing children are capable of learning and achieving to high levels when they have access to full language and communication1 are taught by professionals with specialized training in the unique needs of deaf and hard of hearing students1 and have access to educational placements that recognize and provide for their language1 communication1 and academic needs4 7#b7 ,deaf and hard of hearing children need early and ongoing access to language4 ,research demonstrates that deaf and hard of hearing children who are identified early and receive appropriate early intervention from specialized1 qualified providers achieve higher language and communication outcomes than those who are identified late and do not receive such services4 ,however1 currently1 early intervention services typically are not provided in a timely manner1 severe shortages of specialized early intervention professionals exist1 and many deaf and hard of hearing children are not reaching their developmental potential4 7#c7 ,deaf and hard of hearing children are born with the same capacity to learn and achieve as any other child4 ,however1 historically as a group1 their literacy and academic outcomes have not been commensurate with their abilities4 ,the education system in the ,united ,states must better meet the academic and related learning needs of these students1 who can succeed when those needs are addressed4 7#d7 ,a principal way that hearing students acquire knowledge and skills is through incidental learning1 the process of observing others and the environment that occurs naturally at home1 at school and in the community4 ,deficits in incidental learning leave deaf and hard of hearing students behind in the acquisition of an array of academic and social-emotional skill areas4 ,in addition to core academics such as reading1 mathematics and science1 deaf and hard of hearing students must also receive specialized instruction and services designed to maximize their capacity to learn effectively and live productively and independently4 ,these include instruction in audiology1 age appropriate career education1 communication and language1 including ,american ,sign ,language and spoken language with or without visual supports1 functional skills for academic success1 self-determination and advocacy 7including preparation for transition to work or higher education71 social emotional skills1 technology1 and support for the student through family education4 7#e7 ,it is imperative that deaf and hard of hearing students have communication and language access and development4 ,the development of age appropriate communication and language skills is essential to any cognitive1 psychological and educational growth4 ,without communication and language a student cannot become literate or educated4 ,without communication and language a student will not develop reading1 computation1 writing1 analytical1 and other necessary skills4 ,the importance of an education in which communication and language access and development are provided is not merely a matter of educational methodology or classroom strategy but a right equal to the right of any student to access classroom information1 communicate with peers and staff1 and develop literacies required for educational success4 ,when students are deprived of communication and language access and development they cannot meaningfully engage in the rich and varied experience that is ,american education and become active members in our ,american democracy4 ,communication and language are the first building blocks in any education and are required for human development4 7#f7 ,since the #aiig reauthorization of the ,individuals with ,disabilities ,education ,act 7,,idea71 ,,iep ,teams have been required to consider the language and communication needs of students who are deaf and hard of hearing1 including opportunities for direct communications with peers and professional personnel in the child's language and communication mode1 academic level1 and full range of needs1 including opportunities for direct instruction in the child's language and communication mode4 ,further1 it is been the ,u4,s4 ,department of ,education's position since #aiib that 8any 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 child4 ,just as the ,individuals with ,disabilities ,education ,act requires placement in the regular educational setting when it is appropriate for the unique needs of a child who is deaf1 it also requires placement outside of the regular educational setting when the child's needs cannot be met in that setting0 7,deaf ,students ,education ,services3 ,policy ,guidance10 #eg ,fed4 ,reg4 #dibgd 7#aiib774 ,and it is well argued that deaf and hard of hearing students benefit from a setting in which a critical mass of deaf and hard of hearing peers is found4 ,nevertheless1 it has been contended that few deaf and hard of hearing students are receiving full access to language and communication in the regular education setting1 and few have access to a critical mass of peers4 ,this lack of language and communication access contributes to students' social isolation and to the inability of graduates to achieve academic outcomes on par with those of their hearing peers4 ,since the ,u4,s4 ,department of ,education does not require sufficient monitoring of ,state and local educational agencies to fully and accurately account for their legal obligations to address the language and communication needs of deaf and hard of hearing students1 it is not possible to confirm systemically whether such agencies are in compliance with current law4 ,given that nationally students who are deaf or hard of hearing require more language and communication access and more support to acquire services and skills than they are currently receiving1 and given that provision of currently required instruction and placement for such students cannot be adequately assured1 ,,idea must be strengthened and supplemented to ensure that deaf and hard of hearing students truly receive a free and appropriate public education4 7#g7 ,a prerequisite to better meeting these needs is every ,state and local educational agency's identification and proper evaluation of each student who is deaf or hard of hearing1 regardless of whether such student may have other1 even potentially more significant1 disabilities4 ,while ,,idea does not mandate that ,state and local educational agencies classify students into specific disability categories1 the widespread use of ,,idea's disability categories has led to a sizable undercount of deaf and hard of hearing students and1 consequently1 a lack of recognition of the extent of the systemic need for the delivery of appropriate instructional services provided by personnel initially trained and continually supported to meet such students' unique educational needs4 ,indeed1 while the ,u4,s4 ,census ,bureau supports the contention that more than #cej1jjj students nationally have 8hearing difficulties10 the ,department of ,education routinely reports serving under ,,idea a population of approximately #gc1jjj4 ,this occurs in large measure because students who are deaf or hard of hearing who also have additional disabilities are frequently formally classified by ,state and local educational agencies as having multiple disabilities4 ,consequently1 such students' hearing disabilities are not fully acknowledged either in terms of educational agency recognized need for personnel trained to serve such students1 or in terms of an individual student's need for the services of such personnel4 7#h7 ,it is critical that ,state and local educational agencies be better prepared to meet these largely unmet needs4 ,to reach this goal1 teachers of the deaf and their colleagues in related services must be better supported to provide the full array of specialized instruction and services required by deaf and hard of hearing students4 ,proper assessment of the unique needs of students who are deaf or hard of hearing1 along with proper deployment of specialized instruction and interventions1 must keep pace with the most current educational theories and practices and be based on the best available evidence4 ,significantly greater accountability for results for students who are deaf or hard of hearing1 including those with additional disabilities1 must be built into ,america's special education system if deaf and hard of hearing students are to succeed4 ,and it is imperative that all deaf and hard of hearing students1 regardless of disability category1 are identified and their learning needs fully accounted for4 7#i7 ,deaf and hard of hearing children across the ,united ,states should experience the same kind of access to language development1 social interaction1 and academic opportunities experienced by their peers4 ,deaf and hard of hearing children are as diverse as any other group of children1 and the choices in communication1 educational placement options1 and other decisions are complex and need to be individualized4 7#aj7 ,existing high quality resources must be preserved and leveraged so that students who are deaf or hard of hearing do not fall farther behind4 ,specialized schools for children who are deaf and hard of hearing perform a unique service and must be valued and maintained as part of the continuum of alternative placements4 ,both special schools and center-based programs serving children who are deaf or hard of hearing should be tapped for the expert personnel and services such resources can offer1 and ,,idea's worthy policy objective to ensure the full integration of children with disabilities ought not be allowed to frustrate the delivery of all appropriate services to children with unique needs1 whether those services be provided at a specialized school1 a local school1 or some combination of the two4 #ajb4 ,identifying students who are deaf or hard of hearing 7a7 ,serving all children who are deaf or hard of hearing regardless of classification ,section #fab7;a77#c7 7#bj ,u4,s4,c4 #adab7;a77#c77 is amended at the end by adding the following3 7,c7 ,serving children who are deaf or hard of hearing ,when a ,state classifies children by disability1 the ,state1 in complying with subsection 7a71 identifies1 locates and evaluates children who are deaf or hard of hearing who are1 or may be1 classified in a disability category other than hearing impairment and provides 7without prejudice to such classification7 special education and related services to such children1 including such services determined appropriate based on proper evaluation as would be provided to children classified in the ,state as deaf or hard of hearing4 4 7b7 ,data collection and reporting ,section #fah 7#bj ,u4,s4,c4 #adah7 is amended by adding at the end the following3 7e7 ,accounting for deaf and hard of hearing students ,in addition to the data collection and reporting requirements of subsections 7a7 through 7d7 and subject to such provisions1 the ,state and the ,secretary of the ,interior shall1 with respect to children classified in a disability category other than hearing impairment or deafness1 include the number and percentage of such children in each disability category who are also deaf or hard of hearing4 4 7c7 ,child with a disability ,section #fjb7c77;,a77i7 7#bj ,u4,s4,c4 #adja7c77;,a77i77 is amended to read as follows3 7i7 with intellectual disabilities1 who is deaf or hard of hearing1 with speech or language impairments1 visual impairments 7including blindness71 serious emotional disturbance 7referred to in this part as emotional disturbance71 orthopedic impairments1 autism1 traumatic brain injury1 other health impairments1 or specific learning disabilities2 and 4 #ajc4 ,state plans ,section #fab 7#bj ,u4,s4,c4 #adab7 is amended by adding at the end the following3 7g7 ,addendum concerning students who are deaf or hard of hearing 7#a7 ,in general ,notwithstanding the provisions of subsection 7c71 a ,state shall not be deemed in compliance with this section unless1 not later than two years after the date of the enactment of the ,alice ,cogswell and ,anne ,sullivan ,mact ,act1 the ,state files with the ,secretary a written addendum to the plan required by this section describing how the ,state ensures that-- 7,a7 children who are deaf or hard of hearing 7regardless 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 deafness7 are evaluated by qualified professionals1 using valid and reliable assessments1 for such children's need for instruction and services meeting their unique language and communication1 literacy1 academic1 social and related learning needs1 including instruction which may be needed by children without disabilities or with other disabilities but which must be specifically designed1 modified1 or delivered to meet the unique language and communication and academic and related learning needs of children who are deaf or hard of hearing2 7,b7 there is sufficient availability of personnel within the ,state qualified to provide the evaluation and instruction described in subparagraph 7,a7 to all children within the ,state requiring such instruction2 and 7,c7 all children who are deaf or hard of hearing within the ,state who need special education and related services1 whether or not such children have other disabilities1 receive such instruction and are not being served solely in accordance with section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid74 7#b7 ,contents ,in preparing the addendum described in paragraph 7#a71 the ,state shall-- 7,a7 specifically address how the ,state meets the needs of deaf and hard of hearing students to support ongoing progress in language development1 including ,american ,sign ,language and spoken language with or without visual supports1 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 language1 as well as instruction in audiology1 age appropriate career education1 communication and language1 social skills1 functional skills for academic success1 self-determination and advocacy 7including preparation for transition to work or higher education71 social emotional skills1 technology1 and support for the student through family education2 and 7,b7 consult with individuals and organizations with expertise in the education of children who are deaf or hard of hearing1 including parents1 schools for the deaf1 consumer and advocacy organizations1 ,state commissions of the deaf1 researchers1 teachers of students who are deaf or hard of hearing1 and others the ,state may identify4 4 #ajd4 ,evaluations ,section #fad7;b7 7#bj ,u4,s4,c4 #adad7;b77 is amended by adding at the end the following3 7#g7 ,children who are deaf or hard of hearing 7,a7 ,in general ,in conducting the assessments prescribed in paragraph 7#c77;,b71 children who are deaf or hard of hearing 7including children who may have additional disabilities7 shall be evaluated on language and communication proficiency levels1 including expressive1 receptive1 and pragmatic skills1 and ability to access grade level content in the student's primary language1 including ,american ,sign ,language and spoken language with or without visual supports1 and written ,english4 ,determination of the need for special education and related services shall include evaluation of such children's unique learning needs1 including needs for direct communication1 without an intermediary such as an interpreter1 with peers and professionals in the child's primary language1 including ,american ,sign ,language and spoken language with or without visual supports1 and instruction which may be needed by students without disabilities or with other disabilities but which must be specifically designed1 modified1 or delivered to meet the unique learning needs of students who are deaf or hard of hearing4 7,b7 ,content of evaluations ,the evaluations described in subparagraph 7,a7 shall1 at a minimum1 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 language1 including ,american ,sign ,language and spoken language with or without visual supports1 social development1 literacy instruction1 instruction in assistive technology proficiency1 self sufficiency and interaction self determination1 socialization1 recreation and fitness1 and independent living skills71 and age appropriate career education4 4 #aje4 ,individualized education program team ,section #fad7;d77#a77;,b7 7#bj ,u4,s4,c4 #adad7;d77#a77;,b77 is amended-- 7#a7 in clause 7v71 by striking 7vi72 and inserting 7vii722 7#b7 in clause 7vi71 by striking and at the end2 7#c7 by redesignating clause 7vii7 as clause 7viii72 and 7#d7 by inserting after clause 7vi7 the following3 7vii7 at the discretion of the parent or the agency1 a representative of a ,state-operated1 ,state-supported1 or ,state-aided school for the deaf2 and 4 #ajf4 ,consideration of special factors ,section #fad7;d77#c77;,b77iv7 7#bj ,u4,s4,c4 #adad7;d77#c77;,b77iv77 is amended to read as follows3 7iv7 in the case of a child who is deaf or hard of hearing1 provide for-- 7,i7 the child's language and communication needs1 opportunities for direct communications1 without an intermediary such as an interpreter1 with peers and professional personnel in the child's primary language1 including ,american ,sign ,language and spoken language with or without visual supports1 academic level1 and full range of needs1 including opportunities for direct instruction in the child's language2 and 7,,ii7 instruction meeting the child's unique learning needs1 including services and settings to assist the child in developing or maintaining age appropriate language and communication levels in the student's primary language1 including ,american ,sign ,language and spoken language with or without visual supports1 literacy instruction1 instruction which may be needed by students without disabilities or with other disabilities but which must be specifically designed1 modified1 or delivered to meet the unique learning needs of students who are deaf or hard of hearing4 ,such instruction includes assistive technology proficiency2 self sufficiency and interaction1 self determination1 socialization1 independent living skills1 and age appropriate career education2 4 #ajg4 ,monitoring ,section #faf7;a7 7#bj ,u4,s4,c4 #adaf7;a77 is amended by adding at the end the following3 7#e7 ,enhanced monitoring of services for certain students ,in carrying out the responsibilities of this subsection1 the ,secretary shall specifically monitor compliance with sections #fab7;a77#c71 #fab7;a77#e71 #fad7;b71 and clauses 7iii7 and 7iv7 of section #fad7;d77#c77;,b71 as such sections are amended by the ,alice ,cogswell and ,anne ,sullivan ,macy ,act1 and shall regularly report findings to the ,congress4 4 #ajh4 ,continuum of service delivery options 7a7 ,ensuring continuum availability ,section #fab7;a77#e7 7#bj ,u4,s4,c4 #adab7;a77#e77 is amended by adding at the end the following3 7,c7 ,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 services4 ,such continuum must include instruction in regular classes1 special classes1 special schools1 home instruction1 and instruction in hospitals and institutions1 and must make provision for supplementary services 7such as resource room or itinerant instruction7 to be provided in conjunction with regular class placement4 4 7b7 ,maintenance of specialized services and settings for students with sensory disabilities ,section #fab7;a77#ah7 7#bj ,u4,s4,c4 #adab7;a77#ah77 is amended by adding at the end the following3 7,e7 ,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 7or the consolidation or merger of such school with another school71 shall be considered a reduction of the ,state's financial support for special education and related services within the meaning of subparagraph 7,a74 4 #aji4 ,technical assistance for parents and educators of students who are deaf or hard of hearing ,section #faf 7#bj ,u4,s4,c4 #adaf7 is amended by adding at the end the following3 7j7 ,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 7and periodically thereafter but at least within five-year intervals71 policy guidance concerning the provision of special education and related services to deaf and hard of hearing students 7published in the ,federal ,register on ,october #bf1 #aiib7 is reviewed and updated 7with particular attention to explanation of relevant amendments to this ,act or to its implementing regulations7 and is published in the ,federal ,register4 4 ,b ,improving the ,effectiveness of ,early ,intervention for ,deaf or ,hard of ,hearing ,infants and ,toddlers and ,their ,families #aaa4 ,qualified personnel ,section #fcb7d77;,f7 7#bj ,u4,s4,c4 #adcb7d77;,f77 is amended-- 7#a7 in clause 7xi71 by striking and at the end2 7#b7 in clause 7xii71 by adding and at the end2 and 7#c7 by adding at the end the following3 7xiii7 teachers of infants and toddlers with sensory disabilities2 4 #aab4 ,natural environment ,section #fcb7d77;,g7 7#bj ,u4,s4,c4 #adcb7d77;,g77 is amended to read as follows3 7,g7 to the maximum extent appropriate1 are provided in natural environments1 including the home1 and community settings in which children without disabilities participate4 ,for infants and toddlers with sensory disabilities1 such as deafness1 blindness1 or deaf-blindness1 the natural environment shall include-- 7i7 specialized schools1 centers1 and other programs where the child's language1 including ,american ,sign ,language and spoken language with or without visual supports1 is the primary language and mode of communication2 or 7ii7 any other environment where services meeting unique needs are available2 and 4 #aac4 ,content of plan ,section #fcf7;d77#c7 7#bj ,u4,s4,c4 #adcf7;d77#c77 is amended by adding before the semicolon at the end the following3 and in the case of an infant or toddler who is deaf or hard of hearing1 a statement of the ongoing language and communication assessment that will be provided to the child1 language and communication development goals commensurate with the child's cognitive abilities1 and a statement of the language and communication access that will be provided1 including ongoing opportunities for direct language learning and communication access to peers1 early intervention service providers1 and other professional personnel in the child's language1 including ,american ,sign ,language and spoken language with or without visual supports2 support and instruction for families to learn and support the child's language and communication mode2 and the child's full range of needs4 ,c ,national ,activities ,to ,improve ,education of ,children with ,disabilities #aba4 ,personnel development to improve services and results for children with disabilities 7a7 ,licensing of educational interpreters ,section #ffb7;c77#b77;,e7 7#bj ,u4,s4,c4 #adfb7;c77#b77;,e77 is amended to read as follows3 7,e7 ,preparing personnel to be qualified educational interpreters1 as licensed by the appropriate licensing body1 to assist children with low incidence disabilities1 particularly deaf and hard of hearing children1 in school and school related activities1 and deaf and hard of hearing infants and toddlers and preschool children in early intervention and preschool programs4 4 7b7 ,ensuring sufficient teachers of the deaf and early intervention specialists ,section #ffb7;c77#b7 7#bj ,u4,s4,c4 #adfb7;c77#b77 is amended-- 7#a7 by redesignating subparagraphs 7,f7 and 7,g7 as subparagraphs 7,g7 and 7,h71 respectively2 and 7#b7 by inserting after subparagraph 7,e7 the following3 7,f7 ,preparing personnel to be qualified teachers of the deaf and early intervention specialists1 to assist children with low incidence disabilities1 particularly deaf and hard of hearing children1 to develop age appropriate language1 including ,american ,sign ,language and spoken language with or without visual supports1 and age appropriate literacy skills in school and school related activities1 and deaf and hard of hearing infants and toddlers and preschool children in early intervention and preschool programs4 4 ,,ii ,improving the ,effectiveness of ,special ,education and ,related ,services for ,students with ,visual ,disabilities ,a ,general provisions #bja4 ,findings ,the ,congress finds the following3 7#a7 ,when renowned ,american author1 ,mark ,twain1 immortalized ,helen ,keller's beloved teacher1 ,anne ,sullivan ,macy1 with the moniker the miracle worker1 his words1 though meant as well-deserved praise1 reflect the misconception persisting even today that educating individuals with disabilities is a nearly insurmountable task requiring extraordinary feats performed by exceptionally gifted and saintly persons4 ,to be sure1 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 professions4 ,however1 the educational systems within which they act must also be held accountable for results4 7#b7 ,research demonstrates that students with visual disabilities are among the highest performing students with disabilities in terms of academic achievement1 and yet they are among the least employed1 even after successful accomplishment of post-secondary academic objectives4 ,many factors contribute to this unacceptable inequity1 including employer discrimination1 low expectations of people with disabilities generally1 and a lack of student preparation for the work world and full participation in society4 7#c7 ,it is clear that ,america's special education system needs to be improved if the most successful academic achievers are to leave school prepared to be independent and productive citizens who can participate fully in the ,american dream4 ,such improvements must better account for the distinct academic and related learning needs of students with visual disabilities who can only succeed both when visual-disabilities-specific skills are taught and when generally-needed skills are taught in a manner that addresses1 rather than ignores1 the unique ways in which students with visual disabilities learn4 7#d7 ,a principal way that students without visual disabilities acquire knowledge and skills is through incidental learning1 the process of observing others and the environment that occurs naturally at home1 at school and in community1 and deficits in incidental learning leave students with visual disabilities behind in the acquisition of an array of skill areas4 ,in addition to core academics such as reading1 mathematics and science1 students with visual disabilities must also receive instruction in the so-called expanded core curriculum1 a comprehensive array of specialized instruction and services maximizing the capacity of students with visual disabilities to learn effectively and live both productively and independently4 ,the expanded core curriculum includes instruction in communication and productivity 7including ,braille instruction1 and assistive technology proficiency inclusive of low vision devices72 self-sufficiency and interaction 7including orientation and mobility1 self determination1 sensory efficiency1 socialization1 recreation and fitness1 and independent living skills72 and age appropriate career education4 7#e7 ,special education teachers1 such as teachers of students with visual impairments 7,t,v,is71 partner with related services personnel1 such as orientation and mobility instructors1 and general educators to provide students with disabilities individualized quality academic and related instruction to position students1 to the maximum extent possible1 for successful transition to post-school independent living1 societal integration1 and employment4 ,to do their jobs well1 ,t,v,is and their colleagues in related services must be both initially properly trained and continually supported through readily available resources and continuing education to assist them in dealing with the constant evolution in instructional methods1 the vast diversity of the population with which they work1 enormous case loads1 and the scarcity of time to devote necessary individualized attention to each student with visual disabilities4 ,both the need for an expanded variety of continuing education opportunities for ,t,v,is and the need for preparation programs producing personnel who can serve the full diversity of needs within the population of students with visual disabilities have been well documented4 7#f7 ,since the #aiig reauthorization of the ,individuals with ,disabilities ,education ,act 7,,idea71 students who are blind have been entitled to instruction in ,braille and use of ,braille unless the individualized education program 7,,iep7 team makes an affirmative determination that such instruction is not appropriate for a given student4 ,nevertheless1 it has been forcefully argued that few students today who should be receiving instruction in ,braille are indeed receiving it and that this lack of ,braille instruction contributes mightily to the inability of graduates with visual disabilities to participate fully in the workforce4 ,since the ,u4,s4 ,department of ,education does not require ,state and local educational agencies to fully and accurately account for their legal obligations to provide ,braille instruction to each student for whom such instruction is appropriate1 it is not possible to confirm systemically whether such agencies are in compliance with current law4 ,given that students with visual disabilities require more support than they are currently receiving nationally to acquire services and skills comprising the expanded core curriculum1 and given that provision of currently required instruction for such students1 such as ,braille1 cannot be adequately assured1 ,,idea must be strengthened and supplemented to ensure that students with visual disabilities truly receive a free and appropriate public education4 7#g7 ,a prerequisite to better meeting these demonstrable needs is every ,state and local educational agency's identification and proper evaluation of each student who experiences visual disability1 regardless of whether such student may have other1 even potentially more significant1 disabilities4 ,while ,,idea does not mandate that ,state and local educational agencies classify students into specific disability categories1 the widespread use of ,,idea's disability categories has led to a sizable undercount of students with visual disabilities and1 consequently1 a lack of recognition of the extent of the systemic need for the delivery of appropriate instructional services provided by personnel initially trained and continually supported to meet such students' unique educational needs4 ,indeed1 while research supports the contention that more than #ajj1jjj students nationally who have visual disabilities require special education and related services1 the ,department of ,education routinely reports the size of this population at one third such census4 ,this occurs in large measure because students who are blind or visually impaired who also have additional disabilities are frequently formally classified by ,state and local educational agencies as having multiple disabilities4 ,consequently1 such students' visual disabilities are not fully acknowledged either in terms of educational agency recognized need for personnel trained to serve such students1 or in terms of an individual student's need for the services of such personnel4 7#h7 ,it is critical that ,state and local educational agencies be better prepared to meet these largely unmet needs4 ,to reach this goal1 ,t,v,is and their colleagues in related services must be better supported to provide the full array of specialized instruction and services required by students with visual disabilities4 ,proper assessment of the unique needs of students with visual disabilities1 along with proper deployment of specialized instruction and interventions1 must keep pace with the most current educational theories and practices and be based on the best available evidence4 ,significantly greater accountability for results for students with visual disabilities1 including those with additional disabilities1 must be built into ,america's special education system if students with visual disabilities are to succeed as they can and must4 ,and it is imperative that all students with visual disabilities1 regardless of disability category1 are identified and their learning needs fully accounted for4 7#i7 ,while examples of contexts do exist around the country1 from specialized schools to neighborhood schools1 demonstrating successful provision of a full range of services and instruction meeting the unique needs of students with visual disabilities1 the services and instruction afforded by such exemplary programs are far from nationally consistent and must be recognized and modeled4 ,to replicate and build on these successes1 a national resource is needed to supplement the work of ,state and local educational agencies through student enrichment activities1 to support ,t,v,is and related services personnel through state-of-the-art continuing education opportunities1 and to spur the further advancement of instructional services for students with visual disabilities through scientific research and evidence-based best practices4 7#aj7 ,while these clarifications and enhancements must be made1 it is vital that existing high quality resources be preserved and leveraged so that students with visual disabilities do not fall farther behind4 ,specialized schools for children who are blind must be expected to perform but must not fall victim to mere ,state budget expediency4 ,both special schools and center-based programs serving children with visual disabilities should be tapped for the expert personnel and services such resources can offer1 and ,,idea's worthy policy objective to ensure the full integration of children with disabilities ought not be allowed to frustrate the delivery of all appropriate services to children with unique needs4 #bjb4 ,identifying students with visual disabilities 7a7 ,serving all children with visual disabilities regardless of classification ,section #fab7;a77#c7 7#bj ,u4,s4,c4 #adab7;a77#c771 as amended by section #ajb of this ,act1 is further amended at the end by adding the following new subparagraph3 7,d7 ,serving children with visual disabilities ,when a ,state classifies children by disability1 the ,state1 in complying with subsection 7a71 identifies1 locates and evaluates children with visual disabilities who are1 or may be1 classified in a disability category other than blindness and provides 7without prejudice to such classification7 special education and related services to such children1 including such services determined appropriate based on proper evaluation as would be provided to children classified in the ,state as having blindness4 4 7b7 ,data collection and reporting ,section #fah 7#bj ,u4,s4,c4 #adah71 as amended by section #ajb of this ,act1 is further amended by adding at the end the following3 7f7 ,accounting for visual disabilities ,in addition to the data collection and reporting requirements of subsections 7a7 through 7d7 and subject to such provisions1 the ,state and the ,secretary of the ,interior shall1 with respect to children classified in a disability category other than blindness1 include the number and percentage of such children in each disability category who are also blind or otherwise have visual disabilities4 4 #bjc4 ,state plans ,section #fab 7#bj ,u4,s4,c4 #adab71 as amended by section #ajc of this ,act1 is further amended at the end by adding the following3 7h7 ,addendum concerning students with visual disabilities 7#a7 ,in general ,notwithstanding the provisions of subsection 7c71 a ,state shall not be deemed in compliance with this section unless1 not later than #b years after the date of the enactment of the ,alice ,cogswell and ,anne ,sullivan ,macy ,act1 the ,state files with the ,secretary a written addendum to the plan required by this section describing how the ,state ensures that-- 7,a7 children with visual disabilities 7regardless 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 blindness7 are evaluated for such children's need for instruction and services meeting their unique academic and related learning needs1 including instruction which may be needed by children without disabilities or with other disabilities but which must be specifically designed1 modified1 or delivered to meet the unique academic and related learning needs of children with visual disabilities2 7,b7 there is sufficient availability of personnel within the ,state qualified to provide the instruction described in subparagraph 7,a7 to all children within the ,state requiring such instruction2 and 7,c7 all children with visual disabilities within the ,state who need special education and related services1 whether or not such children have other disabilities1 receive such instruction and are not being served solely in accordance with section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid74 7#b7 ,contents ,in preparing the addendum described in paragraph 7#a71 the ,state shall-- 7,a7 specifically address how the ,state meets the needs of students with visual disabilities for instruction in communication and productivity 7including ,braille instruction and assistive technology proficiency72 self-sufficiency and interaction 7including orientation and mobility1 self- determination1 sensory efficiency1 socialization1 recreation and fitness1 and independent living skills72 and age appropriate career education2 7,b7 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 team2 and 7,c7 consult with individuals and organizations with expertise in the education of children with visual disabilities1 including parents1 consumer and advocacy organizations1 and teachers of students with visual impairments and others the ,state may identify4 4 #bjd4 ,evaluations ,section #fad7;b7 7#bj ,u4,s4,c4 #adad7;b771 as amended by section #ajd of this ,act1 is further amended by adding at the end the following new paragraph3 7#h7 ,visual ,disabilities 7,a7 ,in general ,in conducting the assessments prescribed in paragraph 7#c77;,b71 determination of the need of children with visual disabilities 7including children who may have additional disabilities7 for special education and related services shall include evaluation of such children's unique learning needs1 including needs for instruction which may be needed by students without disabilities or with other disabilities but which must be specifically designed1 modified1 or delivered to meet the unique learning needs of students with visual disabilities4 7,b7 ,content of evaluations ,the evaluations described in subparagraph 7,a7 shall1 at a minimum1 include evaluations assessing the need for instruction in assistive technology proficiency 7inclusive of low vision devices71 self sufficiency and interaction 7including orientation and mobility1 self determination1 sensory efficiency1 socialization1 recreation and fitness1 and independent living skills71 and age-appropriate career education4 4 #bje4 ,consideration of special factors ,section #fad7;d77#c77;,b77iii7 7#bj ,u4,s4,c4 #adad7;d77#c77;,b77iii77 is amended to read as follows3 7iii7 in the case of a child who is blind or visually impaired1 provide for-- 7,i7 instruction in ,braille and the use of ,braille unless the ,,iep ,team determines1 after an evaluation of the child's reading and writing skills1 needs1 and appropriate reading and writing media 7including an evaluation of the child's future needs for instruction in ,braille or the use of ,braille71 that instruction in ,braille or the use of ,braille is not appropriate for the child2 and 7,,ii7 instruction meeting the child's unique learning needs1 including instruction which may be needed by students without disabilities or with other disabilities but which must be specifically designed1 modified1 or delivered to meet the unique learning needs of students with visual disabilities4 ,such instruction includes assistive technology proficiency 7inclusive of low vision devices72 self sufficiency and interaction 7including orientation and mobility1 self determination1 sensory efficiency1 socialization1 recreation and fitness1 and independent living skills72 and age appropriate career education2 4 #bjf4 ,technical assistance for parents and educators of students with visual disabilities ,section #faf 7#bj ,u4,s4,c4 #adaf71 as amended by section #aji1 is further amended by adding at the end the following3 7k7 ,maintaining current policy guidance for parents and educators of students with visual disabilities ,the ,secretary shall ensure that not later than #a year after the date of the enactment of the ,alice ,cogswell and ,anne ,sullivan ,macy ,act 7and periodically thereafter but at least within #e-year intervals71 policy guidance concerning the provision of special education and related services to students with visual disabilities 7last published in the ,federal ,register on ,june #h1 #bjjj7 is reviewed and updated 7with particular attention to explanation of relevant amendments to the ,alice ,cogswell and ,anne ,sullivan ,macy ,act or to its implementing regulations7 and is published in the ,federal ,register4 4 ,b ,anne ,sullivan ,macy ,center on ,visual ,disability and ,educational ,excellence #baa4 ,center establishment and mission 7a7 ,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 #bac in furtherance of the mission described in subsection 7b74 7b7 ,mission ,the mission of the program established in subsection 7a7 is to improve the capacity of students with visual disabilities receiving special education and related services to learn effectively and live both productively and independently through-- 7#a7 development and dissemination of curricula1 courses1 materials1 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 children2 7#b7 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 disabilities2 7#c7 model local1 regional1 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 needs2 and 7#d7 research identifying1 developing1 and evaluating valid assessments and effective interventions measuring and addressing the unique needs of students with visual disabilities1 including need for instruction and services which may be needed by students without disabilities or with other disabilities but which must be specifically designed1 modified1 or delivered to meet the unique learning needs of students with visual disabilities4 ,at a minimum1 such instruction and services include communication and productivity 7including braille instruction1 and assistive technology proficiency inclusive of low vision devices72 self-sufficiency and interaction 7including orientation and mobility1 self-determination1 sensory efficiency1 socialization1 recreation and fitness1 and independent living skills72 and age appropriate career education4 #bab4 ,administration2 eligibility2 governance2 structure 7a7 ,administration ,to carry out the provisions of section #baa1 the ,secretary of ,education shall enter into a contract or cooperative agreement 7of no less than #e years in duration7 with a consortium of entities described in subsection 7b7 which shall1 with oversight by the ,secretary1 have primary responsibility for administering the program described in this subtitle4 ,the ,secretary shall have ongoing authority to enter into such contracts or cooperative agreements4 7b7 ,eligibility ,the consortium of entities described in subsection 7a7 shall include-- 7#a7 at least two national nonprofit organizations with demonstrated experience publishing materials1 offering direct professional development opportunities1 and disseminating course curricula supporting the preparation or continuing education of teachers of students with visual impairments and related services personnel2 7#b7 at least one national nonprofit organization 7which may include a special school serving students who are blind7 with demonstrated experience directly serving students with visual disabilities 7including students who may or may not have additional disabilities7 through in-person instruction and services meeting their unique learning needs2 7#c7 at least one institution of higher education that-- 7,a7 has consistently maintained for at least ten years a program of instruction preparing teachers of students with visual impairments or orientation and mobility instructors2 7,b7 offers a program of doctoral study in special education2 and 7,c7 maintains a ,carnegie ,classification as a ,doctoral ,research ,university2 and 7#d7 any other entity or entities with which the entities described in paragraphs 7#a71 7#b71 and 7#c7 choose to partner 7with approval of the ,secretary74 7c7 ,governance ,as part of the ,secretary's oversight responsibilities1 the ,secretary shall appoint an advisory board 7of no more than #ab individual members who do not have a concurrent fiscal1 fiduciary1 or employment relationship with any of the entities comprising the consortium described in subsection 7b77 which shall advise the ,secretary and such consortium of entities with respect to strategic planning and annual program performance4 ,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 disabilities1 administrators of special education programs1 and representatives of national organizations of individuals who are blind or visually impaired4 ,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 year4 ,the provisions of the ,federal ,advisory ,committee ,act shall not apply to meetings or other activities of the advisory board4 ,prior to the appointment of any individual to the advisory board1 the ,secretary shall consult with such consortium of entities which may also nominate individuals to the ,secretary for advisory board membership4 7d7 ,structure ,the ,secretary1 as part of the contract or cooperative agreement described in subsection 7a71 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 7b7 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 require4 #bac4 ,activities ,subject to the provisions of this subtitle1 the ,anne ,sullivan ,macy ,center on ,visual ,disability and ,educational ,excellence is authorized-- 7#a7 to conduct or fund original quantitative and qualitative research and publish or otherwise disseminate such research2 7#b7 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 students1 and prepare1 publish or otherwise disseminate supporting materials2 7#c7 to conduct or fund in-person or online enrichment projects for students with visual disabilities 7including those who may also have additional disabilities7 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-- 7,a7 supplementing the availability of such instruction and services offered by ,state and local educational agencies2 and 7,b7 evaluating1 through appropriate quantitative and qualitative methods1 the effectiveness of instruction and services offered by such projects2 7#d7 to fund1 in accordance with regulations otherwise applicable to personnel preparation programs supported under part ,d of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adej et seq471 the establishment of programs within institutions of higher education preparing teachers of students with visual impairments 7which have not been previously funded under such ,part7 to specifically prepare such teachers to provide expert instruction to students with visual disabilities who also have additional disabilities2 and 7#e7 enter into cooperative agreements1 contracts1 grants 7or other arrangements which may be permitted by the ,secretary7 with nonprofit organizations possessing demonstrable expertise and experience serving students with visual disabilities or the professionals trained to work with such students1 institutions of higher education1 ,state and local educational agencies1 public and private specialized schools serving students with visual disabilities1 and consortia of such entities1 for the purpose of carrying out activities authorized in this subsection that are not otherwise directly conducted1 in whole or in part1 by the ,anne ,sullivan ,macy ,center4 #bad4 ,authorization of appropriations and carryover 7a7 ,authorization of appropriations ,to carry out the provisions of this subtitle1 there are authorized to be appropriated such sums as may be necessary1 provided that for fiscal year #bjae and for each succeeding fiscal year1 the amount appropriated shall be an amount equal to no less than #j4b percent of funds appropriated in the previous fiscal year for grants to ,states under part ,b of the ,individuals with ,disabilities ,education ,act4 7b7 ,carryover ,funds appropriated pursuant to subsection 7a7 that have not been expended during the fiscal year for which they were appropriated shall remain available in the subsequent fiscal year1 provided that no more than #ae percent of a given fiscal year's appropriation may be so carried over4 #bae4 ,relationship to other programs and activities 7a7 ,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 ,act4 7b7 ,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 activities4 7c7 ,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 #f of title #bj1 ,united ,states ,code1 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 chapter4 7d7 ,relationship to ,funding for ,deaf-,blind ,education and for the ,helen ,keller ,national ,center ,the ,secretary shall ensure that any activities conducted or funded by the ,anne ,sullivan ,macy ,center directly serving individuals who are deaf-blind are coordinated as appropriate with the ,helen ,keller ,national ,center4 ,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 ,center4 ,the ,secretary shall ensure that no funds made available pursuant to this title are used to support activities that are to be funded pursuant to section #fhb7;d77#a77;,a7 of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adhb7;d77#b77;,a774 7e7 ,work ,product ,all matter produced by the ,anne ,sullivan ,macy ,center shall be the property of the ,united ,states1 except that entities comprising the consortium of entities described in section #bab7;b7 shall be individually free1 within the terms of the contract or cooperative agreement described in section #bab7;a71 to reproduce1 or author copyrighted derivative works using1 such matter4