,i #aafth ,,congress #ast ,session ,h4 ,r4 #dhbb ,,in ,,the ,,house ,,of ,,representatives ,october #bc1 #bjai,mr4 ,cartwright 7for himself1 ,mr4 ,mc,kinley1 ,mr4 ,moulton1 ,mr4 ,lujn1 ,mr4 ,peters1 ,mr4 ,fitzpatrick1 ,ms4 ,schakowsky1 ,mr4 ,schiff1 ,mr4 ,king of ,new ,york1 ,mr4 ,swalwell of ,california1 ,ms4 ,moore1 ,ms4 ,norton1 ,mr4 ,crdenas1 ,mrs4 ,napolitano1 ,mr4 ,engel1 and ,mr4 ,hastings7 introduced the following bill2 which was referred to the ,committee on ,education and ,labor ,a ,,bill ,to promote and ensure delivery of high-quality special education and related services to students with visual disabilities or who are deaf or hard of hearing or deaf-blind through instructional methodologies meeting their unique learning needs1 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 ,sec4 #c4 ,findings4 ,title ,i--,,improving ,,the ,,effectiveness ,,of ,,special ,,education ,,and ,,related ,,services ,,for ,,students ,,who ,,are ,,deaf ,,or ,,hard ,,of ,,hearing ,subtitle ,a--,general ,provisions ,sec4 #aja4 ,identifying students who are deaf or hard of hearing4 ,sec4 #ajb4 ,state plans4 ,sec4 #ajc4 ,evaluations4 ,sec4 #ajd4 ,individualized education program team4 ,sec4 #aje4 ,consideration of special factors4 ,sec4 #ajf4 ,monitoring4 ,sec4 #ajg4 ,continuum of service delivery options4 ,sec4 #ajh4 ,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 ,identifying students with visual disabilities4 ,sec4 #bjb4 ,state plans4 ,sec4 #bjc4 ,evaluations4 ,sec4 #bjd4 ,consideration of special factors4 ,sec4 #bje4 ,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 ,title ,,iii--,improving the ,effectiveness of ,special ,education and ,related ,services for ,children and ,youth ,who ,are ,deaf-,blind ,subtitle ,a--,general provisions ,sec4 #cja4 ,identifying children who are deaf-blind4 ,sec4 #cjb4 ,related services4 ,sec4 #cjc4 ,state plans4 ,sec4 #cjd4 ,evaluations4 ,sec4 #cje4 ,consideration of special factors4 ,sec4 #cjf4 ,technical assistance for parents and educators of children who are deaf-blind4 ,sec4 #cjg4 ,conforming regulations4 ,subtitle ,b--,improving the ,effectiveness of ,early ,intervention for ,infants and ,toddlers with ,deaf-,blindness and ,their ,families ,sec4 #caa4 ,content of plan4 ,subtitle ,c--,national ,activities ,to ,improve the ,education of ,children with ,disabilities ,sec4 #cba4 ,personnel development to improve services and results for children with disabilities2 ensuring sufficient teachers of the deaf-blind and early intervention specialists4 #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 or who are deaf-blind 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 or who are deaf-blind 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 hearing or who are deaf-blind4 #c4 ,findings ,the ,congress finds the following3 7#a7 ,when ,american author1 ,mark ,twain1 immortalized ,helen ,keller's teacher1 ,anne ,sullivan ,macy1 with the moniker the miracle worker1 his words1 though meant as praise1 reflect the misconception that educating individuals with disabilities is a nearly insurmountable task requiring extraordinary feats performed by gifted and saintly persons4 ,rather1 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 ,yet1 the educational systems within which they act must also be held accountable for results4 7#b7 ,in #ahag1 ,thomas ,hopkins ,gallaudet and a deaf teacher1 ,laurent ,clerc1 opened the first ,american school for deaf students--the ,american ,school for the ,deaf--with young ,alice ,cogswell as its first pupil4 ,ultimately the school grew into a national institution and the mother of many other schools4 ,as ,alice demonstrated1 deaf and hard of hearing children can learn and achieve to high levels when they have full access to language and communication2 are taught by professionals with specialized training2 and have access to educational placements that recognize and provide for their language1 communication1 social-emotional1 and academic needs4 7#c7 ,deaf and hard of hearing children who are identified early and receive appropriate early intervention from specialized1 qualified providers achieve higher language and communication outcomes4 ,however1 currently1 early intervention services typically are not provided in a timely manner and severe shortages of specialized early intervention professionals result in many deaf and hard of hearing children not reaching their developmental potential4 ,similarly1 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 7#d7 ,likewise1 children who are deaf-blind have the same capacity to learn and achieve as any other children4 ,however1 they must have ongoing access to the same environmental and educational information that their sighted and hearing peers can access automatically4 ,these children require direct learning experiences1 including hands-on experiences and intense involvement in educational routines and activities4 ,they must receive specialized direct instruction in their preferred mode of communication in a range of academic and functional areas4 7#e7 ,students who are deaf1 hard of hearing1 or deaf-blind require more language and communication access and support to acquire skills than they are currently receiving4 ,it has been the ,u4,s4 ,department of ,education's position since #aiib that any 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 7#f7 ,moreover1 a principal way that sighted1 hearing students acquire knowledge and skills is through incidental learning1 naturally observing others and the environment4 ,deficits in incidental learning leave students with sensory disabilities behind in an array of skill areas4 ,in addition to core academics1 deaf and hard of hearing students1 for example1 must also receive specialized instruction and services designed to maximize their capacity to learn effectively and live productively and independently4 ,similarly1 students who are blind or visually impaired must also receive instruction in the expanded core curriculum1 a comprehensive array of specialized instruction and services maximizing the capacity of students with visual disabilities to learn effectively and live productively and independently4 7#g7 ,the widespread use by ,states of ,individuals with ,disabilities ,education ,act's disability categories has led to a sizable undercount of students with sensory disabilities and1 consequently1 a lack of recognition of the extent of the systemic need for the delivery of appropriate instructional services meeting their unique needs4 ,this occurs in large measure because students with sensory disabilities who also have additional disabilities are frequently formally classified as having multiple disabilities4 ,consequently1 their vision1 hearing1 or concomitant vision and hearing disabilities and related support needs are not fully acknowledged4 7#h7 ,children who are deaf-blind should receive one-to-one services from interveners1 who have training and specialized skills in deaf-blindness4 ,interveners play a critical role in the provision of a ,free and ,appropriate ,public ,education1 because they provide access to the information these children need in order to learn and develop concepts1 to facilitate their communication development and interactions in their preferred mode of communication1 and to promote their social and emotional well-being4 7#i7 ,a national resource in visual disabilities is needed to supplement the work of ,state and local educational agencies through student enrichment activities2 to support teachers of students with visual impairments and related services personnel through state-of-the-art continuing education opportunities2 and to spur the further advancement of instructional services for students with visual disabilities through scientific research and evidence-based best practices4 ,i ,,improving ,,the ,,effectiveness ,,of ,,special ,,education ,,and ,,related ,,services ,,for ,,students ,,who ,,are ,,deaf ,,or ,,hard ,,of ,,hearing ,a ,general ,provisions #aja4 ,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-- 7#a7 by inserting who is deaf or hard of hearing or before with intellectual disabilities12 and 7#b7 by striking hearing impairments 7including deafness714 #ajb4 ,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 ,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 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 appropriate1 measurable 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 #ajc4 ,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 supports or hearing assistance technology1 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 skills1 and age appropriate career education4 4 #ajd4 ,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 #aje4 ,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 consider the communication needs of the child1 and 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 language and communication mode1 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 language and communication mode1 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 #ajf4 ,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 #ajg4 ,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 #ajh4 ,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 striking the semicolon at the end and inserting the following3 and1 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 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 supports1 and the support and instruction that will be provided to families to learn and support the child's language and communication mode24 ,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 ,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 #aja of this ,act1 is further amended at the end by adding the following3 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 #aja 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 #bjb4 ,state plans ,section #fab 7#bj ,u4,s4,c4 #adab71 as amended by section #ajb 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 #bjc4 ,evaluations ,section #fad7;b7 7#bj ,u4,s4,c4 #adad7;b771 as amended by section #ajc 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 #bjd4 ,consideration of special factors ,section #fad7;d77#c77;,b77iii7 7#bj ,u4,s4,c4 #adad7;d77#c77;,b77iii77 is amended by striking the semicolon and inserting the following3 and provide 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 education24 #bje4 ,technical assistance for parents and educators of students with visual disabilities ,section #faf 7#bj ,u4,s4,c4 #adaf71 as amended by section #ajh of this ,act1 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 better support students with visual disabilities receiving special education and related services to learn effectively and live 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 and 7,b7 offers a program of doctoral study in special education2 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 online 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 to 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 except that for fiscal year #bjba 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 this 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 ,national ,center on ,deaf-,blindness1 ,state deaf-,blind projects1 and the ,helen ,keller ,national ,center ,the ,secretary shall ensure that any activities conducted or funded by the ,anne ,sullivan ,macy ,center directly serving individuals who are deaf-blind are coordinated as appropriate with the ,national ,center on ,deaf-,blindness1 ,state deaf-blind projects1 and the ,helen ,keller ,national ,center4 ,no funds made available pursuant to this title may be used to support or supplant activities that are otherwise the sole responsibility of the ,national ,center on ,deaf-,blindness and ,state deaf-blind projects pursuant to sections #ffc7;c77#h77;,a7 and #fhb7;d77#a77;,a7 of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adfc7;c77#h77;,a72 #bj ,u4,s4,c4 #adhb7;d77#a77;,a774 ,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 7e7 ,work product ,all matter produced by the ,anne ,sullivan ,macy ,center shall be the property of the ,united ,states ,government1 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 works1 using such matter4 ,,iii ,improving the ,effectiveness of ,special ,education and ,related ,services for ,children and ,youth ,who ,are ,deaf-,blind ,a ,general provisions #cja4 ,identifying children who are deaf-blind 7a7 ,serving all children with deaf-,blindness regardless of classification ,section #fab7;a77#c7 7#bj ,u4,s4,c4 #adab7;a77#c771 as amended by sections #aja and #bja of this ,act1 is further amended by adding at the end the following3 7,e7 ,serving children with deaf-blindness ,when a ,state classifies children by disability1 the ,state1 in complying with subsection 7a71 identifies1 locates and evaluates children with concomitant vision and hearing losses who are1 or may be1 classified in a disability category other than deaf-blindness1 meaning concomitant hearing and visual impairments1 the combination of which causes severe communication and other developmental and educational needs that adversely affect a child's educational performance 7and including children who are deaf-blind with additional disabilities71 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 deaf-blindness4 4 7b7 ,data collection and reporting ,section #fah 7#bj ,u4,s4,c4 #adah7 is amended by adding at the end the following3 7g7 ,accounting for children with deaf-,blindness ,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 deaf-blindness1 include the number and percentage of such children in each disability category who are also deaf-blind4 4 7c7 ,child with a disability ,section #fjb7c77;,a77i7 7#bj ,u4,s4,c4 #adja7c77;,a77i77 is amended by adding after visual impairments 7including blindness7 the term deaf-blindness1 and continuing with serious emotional disturbance '''4 #cjb4 ,related services ,section #fjb7bf77;,a7 7#bj ,u4,s4,c4 #adja7bf77;,a77 is amended by inserting 1 and intervener services1 which are provided to children who are deaf-blind by a qualified intervener after for diagnostic and evaluation purposes only4 #cjc4 ,state plans ,section #fab 7#bj ,u4,s4,c4 #adab7 is amended by adding at the end the following3 7i7 ,addendum concerning children who are deaf-,blind 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 ,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 deaf-blindness 7regardless of the ,state's use of disability categories or the extent to which children with deaf-blindness may be classified in disability categories other than deaf-blindness7 are evaluated by qualified professionals including teachers of deaf-blind1 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 communication1 academic1 and related learning needs of children with deaf-blindness2 7,b7 there is sufficient availability of personnel1 including teachers of the deaf-blind and interveners1 within the ,state qualified to provide the evaluation1 instruction1 and services described in subparagraph 7,a7 to all children within the ,state requiring such instruction2 and 7,c7 all children with deaf-blindness 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 children with deaf-blindness to support ongoing progress in language development and in the child's preferred mode of communication1 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 7but not limited to7 concept development1 functional skills for academic success1 self-determination and advocacy1 social-emotional skills1 visual and auditory sensory efficiency skills1 orientation and mobility1 assistive technology proficiency1 independent living skills1 age-appropriate career education1 and support for the student through family education2 and 7,b7 consult with individuals and organizations with expertise in the education of children with deaf-blindness including parents1 consumers1 advocacy organizations1 national and ,state organizations focused on deaf-blindness and others the ,state may identify4 4 #cjd4 ,evaluations ,section #fad7;b7 7#bj ,u4,s4,c4 #adad7;b77 is amended by adding at the end the following3 7#i7 ,children who are deaf-blind 7,a7 ,in general ,in conducting the assessments prescribed in paragraph 7#c77;,b71 children who are deaf-blind 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 child's preferred mode of communication1 including non-symbolic and symbolic communication and tactile sign language4 ,qualified personnel trained in deaf-blindness1 who communicate in the child's preferred mode of communication1 shall be actively involved in assessments and evaluations4 ,also1 requirements included in paragraphs 7#g77;,a7 and 7#h77;,a7 shall apply to children with deaf-blindness4 7,b7 ,content of evaluations ,the evaluations described in subparagraph 7,a7 shall1 at a minimum1 include evaluations assessing the need for services and supports to assist children who are deaf-blind in developing and maintaining language and communication skills in their preferred mode of communication1 including non-symbolic and symbolic communication and tactile sign language4 ,other areas of evaluation for children who are deaf-blind shall include those found in paragraphs 7#g77;,b7 and 7#h77;,b74 4 #cje4 ,consideration of special factors ,section #fad7;d77#c77;,b7 7#bj ,u4,s4,c4 #adad7;d77#c77;,b77 is amended-- 7#a7 in clause 7iv71 by striking and at the end2 7#b7 by redesignating clause 7v7 as clause 7vi72 and 7#c7 by inserting after clause 7iv7 the following3 7v7 in the case of a child who is deaf-blind1 provide for the child's language and communication needs1 including1 but not limited to1 tactile sign language1 tactile and visual adaptations to sign and fingerspelling1 and object and tangible symbol systems4 ,also1 requirements included in sections #fad7;d77#c77;,b77iii7 and #fad7;d77#c77;,b77iv7 shall apply to children with deaf-blindness2 and 4 #cjf4 ,technical assistance for parents and educators of children who are deaf-blind ,section #faf 7#bj ,u4,s4,c4 #adaf7 is amended by adding at the end the following3 7l7 ,developing policy guidance for parents and educators of children with deaf-,blindness ,the ,secretary shall ensure that not later than one year after the date of the enactment of the ,alice ,cogswell and ,anne ,sullivan ,macy ,act policy guidance concerning the provision of special education and related services to children who are deaf-blind is developed 7and periodically thereafter but at least within five-year intervals1 updated7 with particular attention to explanation of relevant amendments to this ,act or to its implementing regulations and is published in the ,federal ,register4 4 #cjg4 ,conforming regulations ,section #fag 7#bj ,u4,s4,c4 #adag7 is amended by adding at the end the following3 7f7 ,not later than one year after the date of the enactment of the ,alice ,cogswell and ,anne ,sullivan ,macy ,act1 the ,secretary shall1 after notice and comment1 publish regulations that provide definitions for deaf-blindness and intervener services4 4 ,b ,improving the ,effectiveness of ,early ,intervention for ,infants and ,toddlers with ,deaf-,blindness and ,their ,families #caa4 ,content of plan ,section #fcf7;d77#c7 7#bj ,u4,s4,c4 #adcf7;d77#c77 is amended by striking the semicolon at the end and inserting the following3 and1 in the case of an infant or toddler who is deaf-blind1 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 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 trained in the child's preferred mode of communication1 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 needs24 ,c ,national ,activities ,to ,improve the ,education of ,children with ,disabilities #cba4 ,personnel development to improve services and results for children with disabilities2 ensuring sufficient teachers of the deaf-blind and early intervention specialists ,section #ffb7;c77#b7 7#bj ,u4,s4,c4 #adfb7;c77#b77 is amended-- 7#a7 by redesignating subparagraphs 7,g7 and 7,h7 as subparagraphs 7,i7 and 7,j71 respectively2 and 7#b7 by inserting after subparagraph 7,f7 the following3 7,g7 ,preparing personnel to be qualified teachers of the deaf-blind and early intervention specialists1 to assist children with deaf-blindness in schools and school related activities1 as well as toddlers and preschool children with deaf-blindness in early intervention and preschool programs1 to develop communication and literacy skills1 access1 organize and utilize information about the environment and acquire concepts essential for learning4 7,h7 ,preparing personnel to be qualified interveners as individualized supports to assist children with deaf-blindness in school and school related activities1 and infants and toddlers and preschool children with deaf-blindness in early intervention and preschool programs4 4