,,ii #aahth ,,congress #ast ,session ,s4 #bide ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #bg 7legislative day1 ,september #bb71 #bjbc,mr4 ,markey 7for himself1 ,mrs4 ,capito1 ,ms4 ,warren1 and ,mr4 ,braun7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to promote and ensure delivery of high-quality special education and related services to children and youth who are blind or visually impaired1 deaf1 hard of hearing1 deafdisabled1 or deafblind through instructional methodologies meeting their unique language and 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,sec4 #d4 ,definitions4,title ,i--,,improving ,,the ,,effectiveness ,,of ,,special ,,education ,,and ,,related ,,services ,,for ,,children ,,and ,,youth ,,who ,,are ,,deaf1 ,,hard ,,of ,,hearing1 ,,or ,,deafdisabled ,subtitle ,a--,general ,provisions,sec4 #aja4 ,identifying children and youth who are deaf1 hard of hearing1 or deafdisabled4,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 children and youth who are deaf1 hard of hearing1 or deafdisabled4,subtitle ,b--,improving the ,effectiveness of ,early ,intervention for ,deaf1 ,hard of ,hearing1 or ,deafdisabled ,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 ,,children ,,and ,,youth ,,who ,,are ,,blind ,,or ,,visually ,,impaired ,subtitle ,a--,general ,provisions,sec4 #bja4 ,identifying children and youth who are blind or visually impaired4,sec4 #bjb4 ,state plans4,sec4 #bjc4 ,evaluations4,sec4 #bjd4 ,consideration of special factors4,sec4 #bje4 ,technical assistance for parents and educators of children and youth who are blind or visually impaired4,sec4 #bjf4 ,related services4,sec4 #bjg4 ,personnel development to improve services and results for children with blindness or visual impairment4,sec4 #bjh4 ,clarifying eligible users of accessible instructional materials4,subtitle ,b--,specialized ,early ,childhood ,intervention ,services to ,infants and ,toddlers ,who are ,blind or ,visually ,impaired,sec4 #bji4 ,content of plan4,subtitle ,c--,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 ,,deafblind ,subtitle ,a--,general ,provisions,sec4 #cja4 ,identifying children and youth who are deafblind4,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 and youth who are deafblind4,sec4 #cjg4 ,conforming regulations4,subtitle ,b--,improving the ,effectiveness of ,early ,intervention for ,infants and ,toddlers who are ,deafblind 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 children who are deafblind1 interveners1 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 children and youth who are blind or visually impaired1 deaf1 hard of hearing1 deafdisabled1 or deafblind through specialized instructional services and methodologies designed to meet their unique language and learning needs4 7#b7 ,to better ensure delivery of high quality early intervention services to children and youth who are deaf1 hard of hearing1 deafdisabled1 or deafblind1 and their families1 through specialized services and methodologies designed to meet their unique language 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 children and youth who are blind or visually impaired4 7#d7 ,to enhance accountability for the provision of such services4 7#e7 ,to support the development of personnel serving children and youth who are blind or visually impaired1 deaf1 hard of hearing1 deafdisabled1 or deafblind4 #c4 ,findings ,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 school in the ,united ,states 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 deaf1 hard of hearing1 or deafdisabled children can learn and achieve to high levels when they have full access to language1 are taught by professionals with specialized training1 and have access to educational placements that recognize and provide for their language1 social-emotional1 and academic needs4 7#c7 ,deaf1 hard of hearing1 and deafdisabled children who are identified early and receive appropriate early intervention from specialized1 qualified providers achieve higher academic and language outcomes4 ,however1 as of the date of enactment of this ,act1 early intervention services often are limited to one language1 many children are lost to follow-up1 and there are severe shortages of specialized early intervention professionals1 resulting in many deaf1 hard of hearing1 and deafdisabled children not reaching their appropriate milestones and experiencing language deprivation1 impacting their full lives4 7#d7 ,research demonstrates that children and youth who are blind or visually impaired 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 postsecondary academic objectives4 7#e7 ,likewise1 children and youth who are deafblind 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 accessible language in a range of academic and functional areas4 7#f7 ,children and youth who are deaf1 hard of hearing1 deafdisabled1 or deafblind require more language access and support to acquire skills than they are1 as of the date of enactment of this ,act1 predominantly receiving in local school districts struggling to find qualified personnel1 so that such individuals risk experiencing language deprivation4 ,it has been the ,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#g7 ,moreover1 a principal way that sighted and hearing children and youth acquire knowledge and skills is through incidental learning1 naturally observing others and the environment4 ,deficits in incidental learning leave children and youth with sensory disabilities behind in an array of skill areas4 ,in addition to core academics1 deaf1 hard of hearing1 and deafdisabled children and youth1 for example1 must also receive specialized instruction and services designed to maximize their capacity to learn effectively and live productively and independently4 ,similarly1 children and youth 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 children and youth who are blind or visually impaired to learn effectively and live productively and independently4 7#h7 ,the widespread use by ,states of the ,individuals with ,disabilities ,education ,act's disability categories has led to a sizable undercount of children and youth with sensory disabilities 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 children and youth 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#i7 ,it also must be acknowledged and recognized that the population of deaf1 hard of hearing1 or deafdisabled children and youth is inherently diverse1 with #ee percent or more being children of color4 ,in contrast1 less than #aj percent of personnel1 including teachers of deaf1 hard of hearing1 or deafdisabled children and youth1 and interpreters1 are people of color4 7#aj7 ,qualified teachers of the deafblind are needed to assist children and youth who are deafblind in schools and school-related activities4 ,also needed are qualified interveners1 who work one-to-one with children and youth who are deafblind and who have training and specialized skills in deafblindness4 ,interveners play a critical role in the provision of a ,free and ,appropriate ,public ,education for children and youth who are deafblind1 because they provide access to the information needed for learning and conceptual understanding1 facilitate communication development1 and promote social and emotional well-being4 7#aa7 ,a national resource in blindness and visual impairment is needed-- 7,a7 to supplement the work of ,state and local educational agencies through student enrichment activities2 7,b7 to support teachers of children and youth who are blind or visually impaired and related services personnel through state-of-the-art continuing education opportunities2 and 7,c7 to spur the further advancement of instructional services for children and youth who are blind or visually impaired through scientific research and evidence-based best practices4 #d4 ,definitions ,for purposes of this ,act3 7#a7 ,the term deafblind1 when applied to an individual1 means the individual has concomitant hearing and visual impairments1 the combination of which-- 7,a7 prevents access to information2 7,b7 causes severe communication challenges2 7,c7 interferes with social and emotional well-being2 and 7,d7 impacts other developmental areas in a manner that adversely affect a child's educational performance 7including children who are deafblind with additional disabilities74 7#b7 ,the term deafdisabled1 when applied to an individual1 means the individual is deaf and also has at least one other disability1 but excludes individuals who are deafblind4 ,i ,,improving ,,the ,,effectiveness ,,of ,,special ,,education ,,and ,,related ,,services ,,for ,,children ,,and ,,youth ,,who ,,are ,,deaf1 ,,hard ,,of ,,hearing1 ,,or ,,deafdisabled ,a ,general ,provisions #aja4 ,identifying children and youth who are deaf1 hard of hearing1 or deafdisabled 7a7 ,serving all children who are deaf1 hard of hearing1 or deafdisabled 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 deaf1 hard of hearing1 or deafdisabled ,when a ,state classifies children by disability1 the ,state1 in complying with subsection 7a7-- 7i7 identifies1 locates and evaluates children who are deaf1 hard of hearing1 or deafdisabled who are1 or may be1 classified in a disability category other than deaf1 hard of hearing1 or deafdisabled2 7ii7 provides 7without prejudice to such classification7 special education and related services to such children1 including the specific services determined appropriate based on proper evaluation as would be provided to children classified in the ,state as deaf or hard of hearing2 and 7iii7 ceases to use vague other terminology1 such as hearing impaired1 section #ejd student1 or having a communication disorder4 4 7b7 ,data collection and reporting ,section #fah 7#bj ,u4,s4,c4 #adah7 is amended-- 7#a7 by striking subsection 7a77#a77;,a77iii7 and inserting the following3 7iii7 ,in separate classes1 separate schools or facilities1 or public or private residential facilities1 with the exception of deaf1 hard of hearing1 deafdisabled1 and deafblind students due to their being low-incidence and benefiting from specialized language instruction and access4 2 7#b7 in subsection 7c71 by inserting and funding to appropriate entities after ,states2 and 7#c7 by adding at the end the following3 7e7 ,accounting for children who are deaf1 hard of hearing1 or deafdisabled ,in addition to the other data collection and reporting requirements of this section 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 deaf1 hard of hearing1 or deafdisabled and their avenue of access to ,american ,sign ,language1 whether it be via an interpreter1 a teacher of the deaf1 or expressly waived by the parents4 4 7c7 ,child with a disability ,section #fjb7c77;,a77i7 7#bj ,u4,s4,c4 #adja7c77;,a77i77 is amended-- 7#a7 by inserting who is deaf1 hard of hearing1 or deafdisabled 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 children who are deaf1 hard of hearing1 or deafdisabled 7#a7 ,in general ,notwithstanding the provisions of subsection 7c71 a ,state shall not be determined to be 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 who are deaf1 hard of hearing1 or deafdisabled 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 language1 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 academic and related learning needs of children who are deaf1 hard of hearing1 or deafdisabled2 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 deaf1 hard of hearing1 or deafdisabled within the ,state who need special education and related services receive instruction in ,american ,sign ,language unless expressly waived by the child's parents and are not being served solely in accordance with section #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 deaf1 hard of hearing1 and deafdisabled students to support appropriate1 measurable progress in language development1 including ,american ,sign ,language and written language with or without speech therapy1 and including the provision of school-related opportunities for direct interactions with peers and professional personnel in the child's language and opportunities for direct instruction in the child's language1 as well as instruction in audiology1 age appropriate career education1 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 deaf1 hard of hearing1 or deafdisabled1 including parents1 schools for the deaf1 consumer and advocacy organizations1 ,state commissions of the deaf1 researchers1 teachers of students who are deaf1 hard of hearing1 or deafdisabled and others the ,state may identify4 4 #ajc4 ,evaluations 7a7 ,evaluation procedures ,section #fad7;b7 7#bj ,u4,s4,c4 #adad7;b77 is amended by adding at the end the following3 7#g7 ,children who are deaf1 hard of hearing1 or deafdisabled 7,a7 ,in general ,in conducting the assessments prescribed in paragraph 7#c77;,b71 children who are deaf1 hard of hearing1 or deafdisabled shall be evaluated on language proficiency levels1 including expressive1 receptive1 and pragmatic skills1 and ability to access grade level content in the student's primary language1 including ,american ,sign ,language1 and if appropriate1 written language with or without visual supports or hearing assistance technology4 ,determination of the need for special education and related services shall include evaluation of such children's unique learning needs1 including opportunities for direct language access1 without an intermediary such as an interpreter1 with peers and professionals in the child's primary language1 including ,american ,sign ,language and1 if appropriate1 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 linguistic needs of students who are deaf1 hard of hearing1 or deafdisabled4 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 milestones in the child's primary language1 including ,american ,sign ,language and written language with or without speech therapy1 social development1 literacy instruction1 instruction in assistive technology proficiency1 self sufficiency and self-determination1 socialization1 recreation and fitness1 independent living skills1 and age appropriate career education4 4 7b7 ,individualized education programs ,section #fad7;d77#a77;,a7 7#bj ,u4,s4,c4 #adad7;d77#a77;,a77 is amended-- 7#a7 in clause 7i7-- 7,a7 in subclause 7,,vii71 by striking and at the end2 7,b7 in subclause 7,,viii71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,,ix7 the projected date for the beginning of the services and modifications described in subclause 7,,iv71 the anticipated frequency1 location1 and duration of those services and modifications4 2 and 7#b7 by adding at the end the following3 7iii7 ,rule regarding a school for the deaf ,if a student is placed at a school for the deaf1 the school may provide documentation of how its teachers are trained specifically to educate deaf and hard of hearing students1 and as a result1 will not be required to provide individualized education plans unless the student is deafdisabled4 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 linguistic needs of the child1 and in the case of a child who is deaf1 hard of hearing1 or deafdisabled provide for-- 7,i7 the child's language and access1 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 and1 if appropriate1 spoken language with or without visual supports1 academic level1 and full range of needs1 including ensuring opportunities for direct instruction in the child's language2 and 7,,ii7 instruction-- 7aa7 meeting the child's unique learning needs1 including services and settings to assist the child in developing or maintaining age appropriate language milestones in the child's primary language1 ,american ,sign ,language and written language with or without speech therapy1 literacy instruction1 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 learning needs of children who are deaf1 hard of hearing1 or deafdisabled2 and 7bb7 that includes assistive technology proficiency1 self sufficiency and self-determination1 socialization1 recreation and fitness1 independent living skills1 and age appropriate career education2 and 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 ,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 shall include instruction in regular classes1 specialized classes1 specialized schools1 home instruction1 and instruction in hospitals and institutions1 and shall make provision for supplementary services 7such as a 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 ,for purposes of subparagraph 7,a71 a ,state's closure of a specialized 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 resulting in a failure to meet a condition on receipt of assistance under this part4 4 #ajh4 ,technical assistance for parents and educators of children and youth who are deaf1 hard of hearing1 or deafdisabled ,section #faf 7#bj ,u4,s4,c4 #adaf7 is amended by adding at the end the following3 7j7 ,maintenance of policy guidance concerning the education of children who are deaf1 hard of hearing1 or deafdisabled ,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 not less than once every #e years71 policy guidance concerning the provision of special education and related services to deaf1 hard of hearing1 and deafdisabled children 7published at #eg ,fed4 ,reg4 #dibgd 7,october #cj1 #aiib77 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 ,deaf1 ,hard of ,hearing or ,deafdisabled ,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 environments-- 7i7 including the home1 and community settings in which children without disabilities participate2 and 7ii7 which for infants and toddlers with sensory disabilities1 particularly deafness1 blindness1 or deafblindness1 shall include-- 7,i7 specialized schools1 centers1 and other programs where the child's language1 including ,american ,sign ,language and written language with or without speech therapy1 is the primary language and mode of communication2 or 7,,ii7 any school1 center or other program or environment where services meeting the unique needs of infants and toddlers with sensory disabilities are available2 and 4 #aac4 ,content of plan ,section #fcf7;d7 7#bj ,u4,s4,c4 #adcf7;d77 is amended-- 7#a7 in paragraph 7#g71 by striking and at the end2 7#b7 in paragraph 7#h71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#i7 7,a7 in the case of an infant or toddler who is deaf1 hard of hearing1 or deafdisabled1 a statement of the ongoing language assessment that will be provided to the child1 language development goals commensurate with the child's cognitive abilities1 the language access that will be provided1 including documentation of providing access to ongoing opportunities for direct language learning access to peers1 early intervention service providers1 and other professional personnel in ,american ,sign ,language and1 if appropriate1 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 acquisition and development2 4 ,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 7but not teach language to7 children with low incidence disabilities1 particularly deaf1 hard of hearing1 and deafdisabled children1 in school and school-related activities1 and deaf1 hard of hearing1 and deafdisabled infants1 toddlers1 and preschool children in early intervention and preschool programs1 except that this subparagraph shall not be construed to authorize the replacement of the essential service of an interpreter by other personnel 7including replacement by a communication facilitator74 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 deaf1 hard of hearing1 and deafdisabled children1 to develop age appropriate language1 including ,american ,sign ,language and1 if appropriate1 spoken language with or without visual supports1 and age appropriate literacy skills in school and school-related activities1 and deaf1 hard of hearing1 and deafdisabled infants and toddlers and preschool children in early intervention and preschool programs4 4 ,,ii ,,improving ,,the ,,effectiveness ,,of ,,special ,,education ,,and ,,related ,,services ,,for ,,children ,,and ,,youth ,,who ,,are ,,blind ,,or ,,visually ,,impaired ,a ,general ,provisions #bja4 ,identifying children and youth who are blind or visually impaired 7a7 ,serving all children who are blind or visually impaired regardless of classification ,section #fab7;a77#c7 7#bj ,u4,s4,c4 #adab7;a77#c771 as amended by section #aja7;a7 of this ,act1 is further amended at the end by adding the following3 7,d7 ,serving children who are blind or visually impaired ,when a ,state classifies children by disability1 the ,state1 in complying with this subsection-- 7i7 identifies1 locates and evaluates children who are blind or visually impaired who are1 or may be1 classified in a disability category other than blindness or visual impairment2 and 7ii7 provides 7without prejudice to such classification7 special education and related services to such children1 including the specific 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 #aja7;b7 of this ,act1 is further amended by adding at the end the following3 7f7 ,accounting for children who are blind or visually impaired ,in addition to the other data collection and reporting requirements of this section and subject to such 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 visually impaired4 4 7c7 ,child with a disability ,section #fjb7c77;,a77i7 7#bj ,u4,s4,c4 #adja7c77;,a77i771 as amended by section #aja7;c7 of this ,act1 is further amended by inserting or low vision after blindness4 #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 children who are blind or visually impaired 7#a7 ,in general ,notwithstanding the provisions of subsection 7c71 a ,state shall not be determined to be 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 who are blind or visually impaired 7regardless of the ,state's use of disability categories or the extent to which children with blindness or visual impairment may be classified in disability categories other than 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 blindness or visual impairment2 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 who are blind or visually impaired 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 who are blind or visually impaired for instruction in ,braille1 proficient use of assistive technologies 7both at home and in school and including low vision devices as determined appropriate71 orientation and mobility 7provided and exercised in a variety of environments including at home1 in school1 and in community71 self-determination1 sensory efficiency1 socialization1 recreation and fitness1 independent living skills1 and age-appropriate career education2 7,b7 describe how the ,state will ensure the proper administration of widely recognized and research-based evaluations 7including ,learning ,media ,assessments1 ,functional ,vision ,evaluations1 and other similarly well-established evaluation methodologies and tools7 that are administered by the highest qualified personnel in the ,state specializing in blindness or visual impairment2 and 7,c7 consult with individuals and organizations with expertise in the education of children who are blind or visually impaired1 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 #ajc7;a7 of this ,act1 is further amended by adding at the end the following3 7#h7 ,blindness or visual impairment 7,a7 ,in general ,in conducting the assessments prescribed in paragraph 7#c77;,b71 determination of the need of children who are blind or visually impaired 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 children without disabilities or with other disabilities but which must be specifically designed1 modified1 or delivered to meet the unique learning needs of children who are blind or visually impaired4 ,such assessments shall also include widely recognized and research-based evaluations 7including ,learning ,media ,assessments1 ,functional ,vision ,evaluations1 and other similarly well-established evaluation methodologies and tools7 administered by the highest qualified personnel in the ,state specializing in blindness or visual impairment4 7,b7 ,content of evaluations ,the evaluations described in subparagraph 7,a7 shall1 at a minimum1 include evaluations assessing the need for instruction in ,braille1 proficient use of assistive technologies 7both at home and in school and which includes low vision devices as determined appropriate71 orientation and mobility 7provided and exercised in a variety of environments including at home1 in school1 and in community71 self-determination1 sensory efficiency1 socialization1 recreation and fitness1 independent living skills1 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 to read as follows3 7iii7 in the case of a child who is blind or visually impaired-- 7,i7 provide for instruction in ,braille and the use of ,braille unless-- 7aa7 the ,,iep ,team determines 7after a properly administered ,learning ,media ,assessment1 ,functional ,vision ,evaluation1 and any additional assessment administered or overseen by a teacher of students with visual impairments1 including an assessment of the child's future needs for instruction in ,braille or the use of ,braille7 that instruction in ,braille or the use of ,braille is not appropriate for the child2 and 7bb7 the parent has given specific written informed parental consent2 and 7,,ii7 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 children who are blind or visually impaired1 which instruction includes proficient use of assistive technologies 7both at home and in school and which includes low vision devices as determined appropriate71 orientation and mobility 7provided and exercised in a variety of environments including at home1 in school1 and in community71 self-determination1 sensory efficiency1 socialization1 recreation and fitness1 independent living skills1 and age appropriate career education2 4 #bje4 ,technical assistance for parents and educators of children and youth who are blind or visually impaired ,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 children who are blind or visually impaired ,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 not less than once every #e years71 policy guidance concerning the provision of special education and related services to children who are blind or visually impaired 7published at #fe ,fed4 ,reg4 #cfehf 7,june #h1 #bjjj77 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 #bjf4 ,related services ,section #fjb7bf77;,a7 7#bj ,u4,s4,c4 #adja7bf77;,a77 is amended by inserting vision rehabilitation therapy1 after rehabilitation counseling14 #bjg4 ,personnel development to improve services and results for children with blindness or visual impairment ,section #ffb7;c77#b77;,d7 7#bj ,u4,s4,c4 #adfb7;c77#b77;,d77 is amended to read as follows3 7,d7 ,preparing personnel to provide the complete array of specialized instruction and services appropriate to children who are blind or visually impaired 7including children with ocular or brain-based visual impairment71 including instruction in ,braille1 proficient use of assistive technologies 7both at home and in school and which includes low vision devices as determined appropriate71 orientation and mobility 7provided and exercised in a variety of environments including at home1 in school1 and in community71 self-determination1 sensory efficiency1 socialization1 recreation and fitness1 independent living skills1 and age-appropriate career education to fully serve and support such children and their families and to improve early intervention1 educational and transitional results4 4 #bjh4 ,clarifying eligible users of accessible instructional materials ,section #fgd7;e77#c77;,a7 7#bj ,u4,s4,c4 #adgd7;e77#c77;,a77 is amended to read as follows3 7,a7 ,blind or other persons with print disabilities ,the term blind or other persons with print disabilities means children served under this ,act1 or children served by elementary schools and secondary schools pursuant to section #ejd of the ,rehabilitation ,act of #aigc 7as amended7 7#bi ,u4,s4,c4 #gid7 and its implementing regulations1 and who may qualify in accordance with the ,act entitled ,an ,act to provide books for the adult blind1 approved ,march #c1 #aica 7#b ,u4,s4,c4 #ace;a2 #df ,stat4 #adhg71 to receive books and other publications produced in specialized formats4 4 ,b ,specialized ,early ,childhood ,intervention ,services to ,infants and ,toddlers ,who are ,blind or ,visually ,impaired #bji4 ,content of plan ,section #fcf7;d77#i7 7#bj ,u4,s4,c4 #adcf7;d771 as amended by section #aac of this ,act1 is further amended by adding at the end the following3 7,b7 in the case of an infant or toddler who is blind or visually impaired1 a statement of the ongoing developmental and educational assessment that will be provided to the child1 early intervention service providers specializing in blindness or visual impairment 7including ocular or brain-based visual impairment71 instruction in ,braille 7inclusive of a range of instructional strategies1 including pre-literacy tactual exposure to ,braille code reading and writing71 orientation and mobility 7provided and exercised in a variety of environments both within and outside the home71 socialization1 sensory efficiency1 exposure to assistive technologies 7including low vision devices as determined appropriate71 self-determination1 recreation and fitness1 and age-appropriate transitional services1 and the support and instruction that will be provided to families to learn and support the child's acquisition1 retention and age-appropriate mastery of the instruction and services provided to such child2 and 4 ,c ,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 ,excellence1 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 programs within institutions of higher education to prepare teachers of children who are blind or visually impaired to serve children who are blind or visually impaired who also have additional disabilities2 7#c7 model local1 regional1 and national enrichment projects open to children who are blind or visually impaired intended to supplement ,state and local educational agency provision of specialized instruction and services meeting such children's unique learning needs2 and 7#d7 research identifying1 developing1 and evaluating valid assessments and effective interventions measuring and addressing the unique needs of children who are blind or visually impaired1 including need for instruction and services-- 7,a7 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 learning needs of children who are blind or visually impaired2 and 7,b7 which1 at a minimum1 shall include instruction in ,braille1 proficient use of assistive technologies 7both at home and in school and which includes low vision devices as determined appropriate71 orientation and mobility 7provided and exercised in a variety of environments including at home1 in school1 and in community71 self-determination1 sensory efficiency1 socialization1 recreation and fitness1 independent living skills1 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 not less than #a nonprofit professional membership association which both operates a program for accreditation of institutions of higher education preparing teachers of children who are blind or visually impaired or orientation and mobility specialists and which maintains a continuing education program supporting the ongoing professional development of such personnel2 7#b7 not less than #a national nonprofit organization1 which may include a manufacturer of products or publisher of materials or a special school or center with demonstrated experience directly serving children who are blind or visually impaired 7including students who may or may not have additional disabilities72 7#c7 not less than #a institution of higher education that-- 7,a7 has consistently maintained for not less than #aj years a program of instruction preparing teachers of children who are blind or visually impaired or orientation and mobility specialists2 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 7#a7 ,in ,general ,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 contractual1 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 7#b7 ,composition ,the advisory board shall be comprised of individuals with personal or professional experience with the needs of children who are blind or visually impaired1 and shall include parents of children who are blind or visually impaired 7including children with additional disabilities71 administrators of special education programs 7including ,state and local educational agency program administrators71 and representatives of national1 regional1 or community-based organizations of individuals who are blind or visually impaired and the professionals who serve them4 7#c7 ,compensation ,the ,secretary may compensate the members of the advisory board for reasonable expenses incurred for travel related to in-person meetings of the advisory board1 which shall occur no more frequently than #c times within a calendar year4 7#d7 ,,faca ,the provisions of the ,federal ,advisory ,committee ,act shall not apply to meetings or other activities of the advisory board4 7#e7 ,consultation prior to appointment ,prior to the appointment of any individual to the advisory board1 the ,secretary shall consult with such consortium of entities1 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 shall-- 7#a7 conduct or fund original quantitative and qualitative research and publish or otherwise disseminate such research2 7#b7 conduct or fund in-person and online continuing education opportunities for teachers of children who are blind or visually impaired and related services personnel specifically trained to meet the unique learning needs of such students1 and prepare1 publish or otherwise disseminate supporting materials2 7#c7 conduct or fund in-person or online enrichment projects for children who are blind or visually impaired 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 fund the establishment or maintenance of programs within institutions of higher education preparing teachers of children who are blind or visually impaired and related services personnel to better equip such personnel both to provide expert instruction and services to infants and toddlers with blindness or visual impairment and their families and to provide specialized instruction and services to children with blindness and visual impairment who may have additional 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 children who are blind or visually impaired 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 section that are not otherwise directly conducted1 in whole or in part1 by the ,anne ,sullivan ,macy ,center on ,visual ,disability and ,educational ,excellence4 #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 appropriations made during any fiscal year shall be maintained at the funding level appropriated in such fiscal year or increased over such funding level for a period of not less than #d subsequent fiscal years4 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 except 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 ,coordination of research ,the ,secretary shall ensure that research activities authorized and carried out pursuant to this subtitle are conducted or funded in coordination as appropriate with the ,national ,center for ,special ,education ,research and other divisions within the ,department of ,education responsible for research activities4 7b7 ,relationship to services offered by the ,american printing house for the blind ,nothing in this subtitle shall be construed to limit or otherwise condition the use of any funds appropriated pursuant to the ,act to ,promote the ,education of the ,blind 7#bj ,u4,s4,c4 #aja et seq47 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 ,act4 7c7 ,relationship to funding for ,national ,center on ,deaf-,blindness1 ,state deafblind 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 deafblind 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 deafblind 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 7d7 ,work product ,all matter produced by the ,anne ,sullivan ,macy ,center on ,visual ,disability and ,educational ,excellence shall be the property of the ,united ,states ,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 ,,deafblind ,a ,general ,provisions #cja4 ,identifying children and youth who are deafblind 7a7 ,serving all children who are deafblind regardless of classification ,section #fab7;a77#c7 7#bj ,u4,s4,c4 #adab7;a77#c771 as amended by sections #aja7;a7 and #bja7;a7 of this ,act1 is further amended by adding at the end the following3 7,e7 ,serving children who are deafblind ,when a ,state classifies children by disability1 the ,state1 in complying with subsection 7a7-- 7i7 identifies1 locates and evaluates children with concomitant vision and hearing losses who are1 or may be1 classified in a disability category other than deafblindness2 and 7ii7 provides 7without prejudice to such classification7 special education and related services to such children1 including the specific services determined appropriate based on proper evaluation as would be provided to children classified in the ,state as having deafblindness4 4 7b7 ,data collection and reporting ,section #fah 7#bj ,u4,s4,c4 #adah71 as amended by sections #aja7;b7 and #bja7;b7 of this ,act1 is further amended by adding at the end the following3 7g7 ,accounting for children who are deafblind ,in addition to the other data collection and reporting requirements of this section 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 deafblindness1 include the number and percentage of such children in each disability category who are also deafblind4 4 7c7 ,child with a disability ,section #fjb7c77;,a77i7 7#bj ,u4,s4,c4 #adja7c77;,a77i771 as amended by sections #aja7;c7 and #bja7;c7 of this ,act1 is further amended by inserting deafblindness1 before serious4 #cjb4 ,related services ,section #fjb7bf77;,a7 7#bj ,u4,s4,c4 #adja7bf77;,a771 as amended by section #bjf of this ,act1 is further amended by inserting 1 and intervener services1 which are provided to children who are deafblind by a qualified intervener after for diagnostic and evaluation purposes only4 #cjc4 ,state plans ,section #fab 7#bj ,u4,s4,c4 #adab71 as amended by sections #ajb and #bjb of this ,act1 is further amended by adding at the end the following3 7i7 ,addendum concerning children who are deafblind 7#a7 ,in general ,notwithstanding the provisions of subsection 7c71 a ,state shall not be determined to be 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 who are deafblind 7regardless of the ,state's use of disability categories or the extent to which children with deafblindness may be classified in disability categories other than deafblindness7 are evaluated by qualified professionals1 including teachers of the deafblind1 using valid and reliable assessments1 for such children's need for instruction and services that meet 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 who are deafblind2 7,b7 there is sufficient availability of personnel1 including teachers of the deafblind 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 who are deafblind 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 who are deafblind 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 who are deafblind1 including parents1 consumers1 advocacy organizations1 national and ,state organizations focused on deafblindness1 and others the ,state may identify4 4 #cjd4 ,evaluations ,section #fad7;b7 7#bj ,u4,s4,c4 #adad7;b771 as amended by sections #ajc7;a7 and #bjc of this ,act1 is further amended by adding at the end the following3 7#i7 ,children who are deafblind 7,a7 ,in general ,in conducting the assessments prescribed in paragraph 7#c77;,b71 children who are deafblind 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 deafblindness1 who communicate in the child's preferred mode of communication1 shall be actively involved in assessments and evaluations4 ,the requirements included in paragraphs 7#g77;,a7 and 7#h77;,a7 shall also apply to children who are deafblind4 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 deafblind 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 deafblind shall include those found in paragraphs 7#g77;,b7 and 7#h77;,b74 4 #cje4 ,consideration of special factors ,section #fad7;d77#c77;,b71 as amended by section #aje of this ,act 7#bj ,u4,s4,c4 #adad7;d77#c77;,b77 is further 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 deafblind1 provide for the child's language and communication needs1 including tactile sign language1 tactile and visual adaptations to sign and fingerspelling1 and object and tangible symbol systems4 ,the requirements included in clauses 7iii7 and 7iv7 shall also apply to children who are deafblind2 and 4 #cjf4 ,technical assistance for parents and educators of children and youth who are deafblind ,section #faf 7#bj ,u4,s4,c4 #adaf71 as amended by sections #ajh and #bje of this ,act1 is further amended by adding at the end the following3 7l7 ,developing policy guidance for parents and educators of children who are deafblind ,the ,secretary shall ensure that not later than #a year after the date of the enactment of the ,alice ,cogswell and ,anne ,sullivan ,macy ,act1 policy guidance concerning the provision of special education and related services to children who are deafblind is developed 7and periodically thereafter but not less than once every #e years1 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 #a 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 deafblindness and intervener services4 4 ,b ,improving the ,effectiveness of ,early ,intervention for ,infants and ,toddlers who are ,deafblind and ,their ,families #caa4 ,content of plan ,section #fcf7;d77#i7 7#bj ,u4,s4,c4 #adcf7;d771 as amended by sections #aac and #bji of this ,act1 is further amended by adding at the end the following3 7,c7 in the case of an infant or toddler who is deafblind1 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 needs4 4 ,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 children who are deafblind1 interveners1 and early intervention specialists ,section #ffb7;c77#b7 7#bj ,u4,s4,c4 #adfb7;c77#b771 as amended by section #aba7;b7 of this ,act1 is further amended-- 7#a7 by redesignating subparagraphs 7,g7 and 7,h7 7as redesignated by section #aba7;b77#a7 of this ,act7 as subparagraphs 7,i7 and 7,j71 respectively2 and 7#b7 by inserting after subparagraph 7,f7 7as inserted by section #aba7;b77#b7 of this ,act7 the following3 7,g7 ,preparing personnel to be qualified teachers of children who are deafblind and early intervention specialists1 to assist children who are deafblind in schools and school-related activities1 as well as toddlers and preschool children who are deafblind in early intervention and preschool programs1 to develop communication and literacy skills1 to be able to access1 organize and utilize information about the environment1 and to acquire concepts essential for learning4 7,h7 ,preparing personnel to be qualified interveners as individualized supports to assist children who are deafblind in school and school-related activities1 and infants and toddlers and preschool children who are deafblind in early intervention and preschool programs4 4