II 

117TH CONGRESS 

1ST SESSION S. 813 

To promote and ensure delivery of high-quality special education and related 

services to students with visual disabilities or who are deaf or hard 

of hearing or deaf-blind through instructional methodologies meeting 

their unique learning needs, to enhance accountability for the provision 

of such services, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 17 (legislative day, MARCH 16), 2021 

Mr. MARKEY (for himself, Mrs. CAPITO, Ms. WARREN, and Mr. BRAUN) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To promote and ensure delivery of high-quality special education and related services to students with visual disabilities or who are deaf or hard of hearing or deaf-blind 

through instructional methodologies meeting their unique 

learning needs, to enhance accountability for the provision of such services, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CON2 TENTS. 

3 (a) SHORT TITLE.—This Act may be cited as the 

4 ‘‘Alice Cogswell and Anne Sullivan Macy Act’’. 

5 (b) REFERENCES.—Except as otherwise expressly 

6 provided, whenever in this Act an amendment or repeal 

7 is expressed in terms of an amendment to, or repeal of, 

8 a section or other provision, the reference shall be consid9 ered to be made to a section or other provision of the Indi10 viduals with Disabilities Education Act (20 U.S.C. 1400 

11 et seq.). 

12 (c) TABLE OF CONTENTS.—The table of contents for 

13 this Act is as follows: 

Sec. 1. Short title; references; table of contents. 

Sec. 2. Purposes. 

Sec. 3. Findings. 

TITLE I—IMPROVING THE EFFECTIVENESS OF SPECIAL EDUCATION AND RELATED SERVICES FOR STUDENTS WHO ARE 

DEAF OR HARD OF HEARING 

Subtitle A—General Provisions 

Sec. 101. Identifying students who are deaf or hard of hearing. 

Sec. 102. State plans. 

Sec. 103. Evaluations. 

Sec. 104. Individualized education program team. 

Sec. 105. Consideration of special factors. 

Sec. 106. Monitoring. 

Sec. 107. Continuum of service delivery options. 

Sec. 108. Technical assistance for parents and educators of students who are 

deaf or hard of hearing. 

Subtitle B—Improving the Effectiveness of Early Intervention for Deaf or 

Hard of Hearing Infants and Toddlers and Their Families 

Sec. 111. Qualified personnel. 

Sec. 112. Natural environment. 

Sec. 113. Content of plan. 


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Subtitle C—National Activities To Improve Education of Children With 

Disabilities 

Sec. 121. Personnel development to improve services and results for children 

with disabilities. 

TITLE II—IMPROVING THE EFFECTIVENESS OF SPECIAL EDUCATION AND RELATED SERVICES FOR STUDENTS WITH VISUAL DISABILITIES 

Subtitle A—General Provisions 

Sec. 201. Identifying students with visual disabilities. 

Sec. 202. State plans. 

Sec. 203. Evaluations. 

Sec. 204. Consideration of special factors. 

Sec. 205. Technical assistance for parents and educators of students with visual 

disabilities. 

Subtitle B—Anne Sullivan Macy Center on Visual Disability and Educational 

Excellence 

Sec. 211. Center establishment and mission. 

Sec. 212. Administration; eligibility; governance; structure. 

Sec. 213. Activities. 

Sec. 214. Relationship to other programs and activities. 

Sec. 215. Definitions. 

Sec. 216. Authorization of appropriations and carryover. 

TITLE III—IMPROVING THE EFFECTIVENESS OF SPECIAL EDUCATION AND RELATED SERVICES FOR CHILDREN AND YOUTH 

WHO ARE DEAF-BLIND 

Subtitle A—General Provisions 

Sec. 301. Identifying children who are deaf-blind. 

Sec. 302. Related services. 

Sec. 303. State plans. 

Sec. 304. Evaluations. 

Sec. 305. Consideration of special factors. 

Sec. 306. Technical assistance for parents and educators of children who are 

deaf-blind. 

Sec. 307. Conforming regulations. 

Subtitle B—Improving the Effectiveness of Early Intervention for Infants and 

Toddlers With Deaf-Blindness and Their Families 

Sec. 311. Content of plan. 

Subtitle C—National Activities To Improve the Education of Children With 

Disabilities 

Sec. 321. Personnel development to improve services and results for children 

with disabilities; ensuring sufficient teachers of the deaf-blind 

and early intervention specialists. 


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1 SEC. 2. PURPOSES. 

2 The purposes of this Act are as follows: 

3 (1) To better ensure delivery of high-quality 

4 special education and related services to students 

5 with visual disabilities or who are deaf or hard of 

6 hearing or who are deaf-blind through specialized in7 structional services and methodologies designed to 

8 meet their unique language, communication, and 

9 learning needs. 

10 (2) To better ensure delivery of high-quality 

11 early intervention services to infants and toddlers 

12 who are deaf or hard of hearing or who are deaf13 blind and their families through specialized services 

14 and methodologies designed to meet their unique 

15 language, communication, and other developmental 

16 needs. 

17 (3) To foster the proliferation of research sup18 porting the development and evaluation of effective 

19 and innovative assessments and instructional meth20 odologies consonant with the unique learning needs 

21 of students with visual disabilities. 

22 (4) To enhance accountability for the provision 

23 of such services. 

24 (5) To support the development of personnel 

25 serving students with visual disabilities or who are 

26 deaf or hard of hearing or who are deaf-blind. 


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1 SEC. 3. FINDINGS. 

2 The Congress finds the following: 

3 (1) When American author, Mark Twain, im4 mortalized Helen Keller’s teacher, Anne Sullivan 

5 Macy, with the moniker ‘‘the miracle worker’’, his 

6 words, though meant as praise, reflect the mis7 conception that educating individuals with disabil8 ities is a nearly insurmountable task requiring ex9 traordinary feats performed by gifted and saintly 

10 persons. Rather, the work of teaching children with 

11 disabilities can and does occur when committed and 

12 qualified but everyday special educators are properly 

13 prepared and supported to practice their professions. 

14 Yet, the educational systems within which they act 

15 must also be held accountable for results. 

16 (2) In 1817, Thomas Hopkins Gallaudet and a 

17 deaf teacher, Laurent Clerc, opened the first Amer18 ican school for deaf students—the American School 

19 for the Deaf—with young Alice Cogswell as its first 

20 pupil. Ultimately the school grew into a national in21 stitution and the mother of many other schools. As 

22 Alice demonstrated, deaf and hard of hearing chil23 dren can learn and achieve to high levels when they 

24 have full access to language and communication; are 

25 taught by professionals with specialized training; 

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1 ognize and provide for their language, communica2 tion, social-emotional, and academic needs. 

3 (3) Deaf and hard of hearing children who are 

4 identified early and receive appropriate early inter5 vention from specialized, qualified providers achieve 

6 higher language and communication outcomes. How7 ever, currently, early intervention services typically 

8 are not provided in a timely manner and severe 

9 shortages of specialized early intervention profes10 sionals result in many deaf and hard of hearing chil11 dren not reaching their developmental potential. 

12 Similarly, research demonstrates that students with 

13 visual disabilities are among the highest performing 

14 students with disabilities in terms of academic 

15 achievement, and yet they are among the least em16 ployed, even after successful accomplishment of post17 secondary academic objectives. 

18 (4) Likewise, children who are deaf-blind have 

19 the same capacity to learn and achieve as any other 

20 children. However, they must have ongoing access to 

21 the same environmental and educational information 

22 that their sighted and hearing peers can access auto23 matically. These children require direct learning ex24 periences, including hands-on experiences and in25 tense involvement in educational routines and activiVerDate Sep 11 2014 20:32 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S813.IS S813

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1 ties. They must receive specialized direct instruction 

2 in their preferred mode of communication in a range 

3 of academic and functional areas. 

4 (5) Students who are deaf, hard of hearing, or 

5 deaf-blind require more language and communica6 tion access and support to acquire skills than they 

7 are currently receiving. It has been the Department 

8 of Education’s position since 1992 that ‘‘[a]ny edu9 cational setting that does not meet the communica10 tion and related needs of a child who is deaf does 

11 not allow for the provision of [a Free Appropriate 

12 Public Education] and cannot be considered the 

13 [Least Restrictive Environment] for that child’’. 

14 (6) Moreover, a principal way that sighted, 

15 hearing students acquire knowledge and skills is 

16 through incidental learning, naturally observing oth17 ers and the environment. Deficits in incidental learn18 ing leave students with sensory disabilities behind in 

19 an array of skill areas. In addition to core aca20 demics, deaf and hard of hearing students, for exam21 ple, must also receive specialized instruction and 

22 services designed to maximize their capacity to learn 

23 effectively and live productively and independently. 

24 Similarly, students who are blind or visually im25 paired must also receive instruction in the expanded 


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1 core curriculum, a comprehensive array of special2 ized instruction and services maximizing the capacity 

3 of students with visual disabilities to learn effectively 

4 and live productively and independently. 

5 (7) The widespread use by States of the Indi6 viduals with Disabilities Education Act’s disability 

7 categories has led to a sizable undercount of stu8 dents with sensory disabilities and, consequently, a 

9 lack of recognition of the extent of the systemic need 

10 for the delivery of appropriate instructional services 

11 meeting their unique needs. This occurs in large 

12 measure because students with sensory disabilities 

13 who also have additional disabilities are frequently 

14 formally classified as having multiple disabilities. 

15 Consequently, their vision, hearing, or concomitant 

16 vision and hearing disabilities and related support 

17 needs are not fully acknowledged. 

18 (8) Children who are deaf-blind should receive 

19 one-to-one services from interveners, who have train20 ing and specialized skills in deaf-blindness. 

21 Interveners play a critical role in the provision of a 

22 Free and Appropriate Public Education, because 

23 they provide access to the information these children 

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1 actions in their preferred mode of communication, 

2 and to promote their social and emotional well-being. 

3 (9) A national resource in visual disabilities is 

4 needed to supplement the work of State and local 

5 educational agencies through student enrichment ac6 tivities; to support teachers of students with visual 

7 impairments and related services personnel through 

8 state-of-the-art continuing education opportunities; 

9 and to spur the further advancement of instructional 

10 services for students with visual disabilities through 

11 scientific research and evidence-based best practices. 

12 TITLE I—IMPROVING THE EF13 FECTIVENESS OF SPECIAL 

14 EDUCATION AND RELATED 

15 SERVICES FOR STUDENTS 

16 WHO ARE DEAF OR HARD OF 

17 HEARING 

18 Subtitle A—General Provisions 

19 SEC. 101. IDENTIFYING STUDENTS WHO ARE DEAF OR 

20 HARD OF HEARING. 

21 (a) SERVING ALL CHILDREN WHO ARE DEAF OR

22 HARD OF HEARING REGARDLESS OF CLASSIFICATION.— 

23 Section 612(a)(3) (20 U.S.C. 1412(a)(3)) is amended by 

24 adding at the end the following: 


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1 ‘‘(C) SERVING CHILDREN WHO ARE DEAF

2 OR HARD OF HEARING.—When a State classi3 fies children by disability, the State, in com4 plying with this subsection, identifies, locates, 

5 and evaluates children who are deaf or hard of 

6 hearing and who are, or may be, classified in a 

7 disability category other than hearing impair8 ment and provides (without prejudice to such 

9 classification) special education and related 

10 services to such children, including such serv11 ices determined appropriate based on proper 

12 evaluation as would be provided to children 

13 classified in the State as deaf or hard of hear14 ing.’’. 

15 (b) DATA COLLECTION AND REPORTING.—Section 

16 618 (20 U.S.C. 1418) is amended by adding at the end 

17 the following: 

18 ‘‘(e) ACCOUNTING FOR DEAF AND HARD OF HEAR19 ING STUDENTS.—In addition to the data collection and 

20 reporting requirements of subsections (a) through (d) and 

21 subject to such provisions, the State and the Secretary of 

22 the Interior shall, with respect to children classified in a 

23 disability category other than hearing impairment or deaf24 ness, include the number and percentage of such children 


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1 in each disability category who are also deaf or hard of 

2 hearing.’’. 

3 (c) CHILD WITH A DISABILITY.—Section 

4 602(3)(A)(i) (20 U.S.C. 1401(3)(A)(i)) is amended by 

5 striking ‘‘hearing impairments (including deafness), 

6 speech’’ and inserting ‘‘who is deaf or hard of hearing, 

7 or with speech’’. 

8 SEC. 102. STATE PLANS. 

9 Section 612 (20 U.S.C. 1412) is amended by adding 

10 at the end the following: 

11 ‘‘(g) ADDENDUM CONCERNING STUDENTS WHO ARE

12 DEAF OR HARD OF HEARING.— 

13 ‘‘(1) IN GENERAL.—Notwithstanding the provi14 sions of subsection (c), a State shall not be consid15 ered in compliance with this section unless, not later 

16 than two years after the date of the enactment of 

17 the Alice Cogswell and Anne Sullivan Macy Act, the 

18 State files with the Secretary a written addendum to 

19 the plan required by this section describing how the 

20 State ensures that— 

21 ‘‘(A) children who are deaf or hard of 

22 hearing (regardless of the State’s use of dis23 ability categories or the extent to which deaf or 

24 hard of hearing children may be classified in 

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1 ment or deafness) are evaluated by qualified 

2 professionals, using valid and reliable assess3 ments, for such children’s need for instruction 

4 and services meeting their unique language and 

5 communication, literacy, academic, social and 

6 related learning needs, including instruction 

7 which may be needed by children without dis8 abilities or with other disabilities but which 

9 must be specifically designed, modified, or deliv10 ered to meet the unique language and commu11 nication and academic and related learning 

12 needs of children who are deaf or hard of hear13 ing; 

14 ‘‘(B) there is sufficient availability of per15 sonnel within the State qualified to provide the 

16 evaluation and instruction described in subpara17 graph (A) to all children within the State re18 quiring such instruction; and 

19 ‘‘(C) all children who are deaf or hard of 

20 hearing within the State who need special edu21 cation and related services, whether or not such 

22 children have other disabilities, receive such in23 struction and are not being served solely in ac24 cordance with section 504 of the Rehabilitation 

25 Act of 1973 (29 U.S.C. 794). 


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1 ‘‘(2) CONTENTS.—In preparing the addendum 

2 described in paragraph (1), the State shall— 

3 ‘‘(A) specifically address how the State 

4 meets the needs of deaf and hard of hearing 

5 students to support appropriate, measurable 

6 progress in language development, including 

7 American Sign Language and spoken English 

8 with or without visual supports, and including 

9 the provision of school-related opportunities for 

10 direct communications with peers and profes11 sional personnel in the child’s language and op12 portunities for direct instruction in the child’s 

13 language, as well as instruction in audiology, 

14 age appropriate career education, communica15 tion and language, social skills, functional skills 

16 for academic success, self-determination and ad17 vocacy (including preparation for transition to 

18 work or higher education), social emotional 

19 skills, technology, and support for the student 

20 through family education; and 

21 ‘‘(B) consult with individuals and organiza22 tions with expertise in the education of children 

23 who are deaf or hard of hearing, including par24 ents, schools for the deaf, consumer and advo25 cacy organizations, State commissions of the 


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1 deaf, researchers, teachers of students who are 

2 deaf or hard of hearing, and others the State 

3 may identify.’’. 

4 SEC. 103. EVALUATIONS. 

5 Section 614(b) (20 U.S.C. 1414(b)) is amended by 

6 adding at the end the following: 

7 ‘‘(7) CHILDREN WHO ARE DEAF OR HARD OF

8 HEARING.— 

9 ‘‘(A) IN GENERAL.—In conducting the as10 sessments prescribed in paragraph (3)(B), chil11 dren who are deaf or hard of hearing (including 

12 children who may have additional disabilities) 

13 shall be evaluated on language and communica14 tion proficiency levels, including expressive, re15 ceptive, and pragmatic skills, and ability to ac16 cess grade level content in the student’s pri17 mary language, including American Sign Lan18 guage and spoken English with or without vis19 ual supports or hearing assistance technology, 

20 and written English. Determination of the need 

21 for special education and related services shall 

22 include evaluation of such children’s unique 

23 learning needs, including needs for direct com24 munication, without an intermediary such as an 

25 interpreter, with peers and professionals in the 


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1 child’s primary language, including American 

2 Sign Language and spoken English with or 

3 without visual supports, and instruction which 

4 may be needed by students without disabilities 

5 or with other disabilities but which must be spe6 cifically designed, modified, or delivered to meet 

7 the unique learning needs of students who are 

8 deaf or hard of hearing. 

9 ‘‘(B) CONTENT OF EVALUATIONS.—The 

10 evaluations described in subparagraph (A) shall, 

11 at a minimum, include evaluations assessing the 

12 need for services and settings to assist the child 

13 in developing or maintaining age appropriate 

14 language and communication levels in the stu15 dent’s primary language, including American 

16 Sign Language and spoken English with or 

17 without visual supports, social development, lit18 eracy instruction, instruction in assistive tech19 nology proficiency, self sufficiency and inter20 action self-determination, socialization, recre21 ation and fitness, and independent living skills, 

22 and age appropriate career education.’’. 

23 SEC. 104. INDIVIDUALIZED EDUCATION PROGRAM TEAM. 

24 Section 614(d)(1)(B) (20 U.S.C. 1414(d)(1)(B)) is 

25 amended— 


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1 (1) in clause (v), by striking ‘‘(vi);’’ and insert2 ing ‘‘(vii);’’; 

3 (2) in clause (vi), by striking ‘‘and’’ at the end; 

4 (3) by redesignating clause (vii) as clause (viii); 

5 and 

6 (4) by inserting after clause (vi) the following: 

7 ‘‘(vii) at the discretion of the parent 

8 or the agency, a representative of a State9 operated, State-supported, or State-aided 

10 school for the deaf; and’’. 

11 SEC. 105. CONSIDERATION OF SPECIAL FACTORS. 

12 Section 614(d)(3)(B)(iv) (20 U.S.C. 

13 1414(d)(3)(B)(iv)) is amended to read as follows: 

14 ‘‘(iv) consider the communication 

15 needs of the child, and in the case of a 

16 child who is deaf or hard of hearing, pro17 vide for— 

18 ‘‘(I) the child’s language and 

19 communication needs, opportunities 

20 for direct communications, without an 

21 intermediary such as an interpreter, 

22 with peers and professional personnel 

23 in the child’s primary language and 

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1 guage with or without visual supports, 

2 academic level, and full range of 

3 needs, including opportunities for di4 rect instruction in the child’s lan5 guage; and 

6 ‘‘(II) instruction meeting the 

7 child’s unique learning needs, includ8 ing services and settings to assist the 

9 child in developing or maintaining age 

10 appropriate language and communica11 tion levels in the student’s primary 

12 language and communication mode, 

13 including American Sign Language 

14 and spoken language with or without 

15 visual supports, literacy instruction, 

16 and instruction which may be needed 

17 by students without disabilities or 

18 with other disabilities but which must 

19 be specifically designed, modified, or 

20 delivered to meet the unique learning 

21 needs of students who are deaf or 

22 hard of hearing. Such instruction in23 cludes assistive technology proficiency, 

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1 pendent living skills, and age appro2 priate career education;’’. 

3 SEC. 106. MONITORING. 

4 Section 616(a) (20 U.S.C. 1416(a)) is amended by 

5 adding at the end the following: 

6 ‘‘(5) ENHANCED MONITORING OF SERVICES

7 FOR CERTAIN STUDENTS.—In carrying out the re8 sponsibilities of this subsection, the Secretary shall 

9 specifically monitor compliance with paragraphs (3) 

10 and (5) of section 612(a), section 614(b), and 

11 clauses (iii) and (iv) of section 614(d)(3)(B), and 

12 shall regularly report findings to the Congress.’’. 

13 SEC. 107. CONTINUUM OF SERVICE DELIVERY OPTIONS. 

14 (a) ENSURING CONTINUUM AVAILABILITY.—Section 

15 612(a)(5) (20 U.S.C. 1412(a)(5)) is amended by adding 

16 at the end the following: 

17 ‘‘(C) CONTINUUM OF ALTERNATIVE

18 PLACEMENTS.—The State shall ensure that a 

19 full continuum of alternative placements is 

20 available to meet the needs of children with dis21 abilities for special education and related serv22 ices. Such continuum must include instruction 

23 in regular classes, special classes, special 

24 schools, home instruction, and instruction in 

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1 vision for supplementary services (such as re2 source room or itinerant instruction) to be pro3 vided in conjunction with regular class place4 ment.’’. 

5 (b) MAINTENANCE OF SPECIALIZED SERVICES AND

6 SETTINGS FOR STUDENTS WITH SENSORY DISABIL7 ITIES.—Section 612(a)(18) (20 U.S.C. 1412(a)(18)) is 

8 amended by adding at the end the following: 

9 ‘‘(E) MAINTAINING A CONTINUUM OF

10 PLACEMENT OPTIONS.—A State’s closure of a 

11 special school serving children who are blind or 

12 a special school serving children who are deaf 

13 (or the consolidation or merger of such school 

14 with another school), shall be considered a re15 duction of the State’s financial support for spe16 cial education and related services within the 

17 meaning of subparagraph (A).’’. 

18 SEC. 108. TECHNICAL ASSISTANCE FOR PARENTS AND EDU19 CATORS OF STUDENTS WHO ARE DEAF OR 

20 HARD OF HEARING. 

21 Section 616 (20 U.S.C. 1416) is amended by adding 

22 at the end the following: 

23 ‘‘(j) MAINTAINING CURRENT DEAF STUDENTS EDU24 CATION SERVICE POLICY GUIDANCE.—The Secretary 

25 shall ensure that not later than one year after the date 


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1 of the enactment of the Alice Cogswell and Anne Sullivan 

2 Macy Act (and periodically thereafter but at least within 

3 five-year intervals), policy guidance concerning the provi4 sion of special education and related services to deaf and 

5 hard of hearing students (published in the Federal Reg6 ister on October 30, 1992 (57 Fed. Reg. 49274)), is re7 viewed and updated (with particular attention to expla8 nation of relevant amendments to this Act or to its imple9 menting regulations) and is published in the Federal Reg10 ister.’’. 

11 Subtitle B—Improving the Effec12 tiveness of Early Intervention 

13 for Deaf or Hard of Hearing In14 fants and Toddlers and Their 

15 Families 

16 SEC. 111. QUALIFIED PERSONNEL. 

17 Section 632(4)(F) (20 U.S.C. 1432(4)(F)) is amend18 ed— 

19 (1) in clause (xi), by striking ‘‘and’’ at the end; 

20 (2) in clause (xii), by adding ‘‘and’’ at the end; 

21 and 

22 (3) by adding at the end the following: 

23 ‘‘(xiii) teachers of infants and toddlers 

24 with sensory disabilities;’’. 


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1 SEC. 112. NATURAL ENVIRONMENT. 

2 Section 632(4)(G) (20 U.S.C. 1432(4)(G)) is amend3 ed to read as follows: 

4 ‘‘(G) to the maximum extent appropriate, 

5 are provided in— 

6 ‘‘(i) natural environments, including 

7 the home and, for infants and toddlers 

8 with sensory disabilities, such as deafness, 

9 blindness, or deaf-blindness, including— 

10 ‘‘(I) specialized schools, centers, 

11 and other programs where the child’s 

12 language, including American Sign 

13 Language and spoken English with or 

14 without visual supports, is the pri15 mary language and mode of commu16 nication; or 

17 ‘‘(II) any other environment 

18 where services meeting unique needs 

19 are available; and 

20 ‘‘(ii) community settings in which chil21 dren without disabilities participate;’’. 

22 SEC. 113. CONTENT OF PLAN. 

23 Section 636(d)(3) (20 U.S.C. 1436(d)(3)) is amended 

24 by striking the semicolon at the end and inserting the fol25 lowing: ‘‘and— 


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1 ‘‘(A) in the case of an infant or toddler 

2 who is deaf or hard of hearing, a statement of 

3 the ongoing language and communication as4 sessment that will be provided to the child, lan5 guage and communication development goals 

6 commensurate with the child’s cognitive abili7 ties, the language and communication access 

8 that will be provided, including ongoing oppor9 tunities for direct language learning and com10 munication access to peers, early intervention 

11 service providers, and other professional per12 sonnel in the child’s language, including Amer13 ican Sign Language and spoken English with or 

14 without visual supports, and the support and 

15 instruction that will be provided to families to 

16 learn and support the child’s language and 

17 communication mode; and’’. 


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1 Subtitle C—National Activities To 

2 Improve Education of Children 

3 With Disabilities 

4 SEC. 121. PERSONNEL DEVELOPMENT TO IMPROVE SERV5 ICES AND RESULTS FOR CHILDREN WITH DIS6 ABILITIES. 

7 (a) LICENSING OF EDUCATIONAL INTERPRETERS.— 

8 Section 662(c)(2)(E) (20 U.S.C. 1462(c)(2)(E)) is 

9 amended to read as follows: 

10 ‘‘(E) Preparing personnel to be qualified 

11 educational interpreters, as licensed by the ap12 propriate licensing body, to assist children with 

13 low incidence disabilities, particularly deaf and 

14 hard of hearing children, in school and school 

15 related activities, and deaf and hard of hearing 

16 infants and toddlers and preschool children in 

17 early intervention and preschool programs.’’. 

18 (b) ENSURING SUFFICIENT TEACHERS OF THE DEAF

19 AND EARLY INTERVENTION SPECIALISTS.—Section 

20 662(c)(2) (20 U.S.C. 1462(c)(2)), as amended by sub21 section (a), is further amended— 

22 (1) by redesignating subparagraphs (F) and 

23 (G) as subparagraphs (G) and (H), respectively; and 

24 (2) by inserting after subparagraph (E) the fol25 lowing: 


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1 ‘‘(F) Preparing personnel to be qualified 

2 teachers of the deaf and early intervention spe3 cialists, to assist— 

4 ‘‘(i) children with low incidence dis5 abilities, particularly deaf and hard of 

6 hearing children, to develop age appro7 priate language, including American Sign 

8 Language and spoken English with or 

9 without visual supports, and age appro10 priate literacy skills in school and school 

11 related activities; and 

12 ‘‘(ii) deaf and hard of hearing infants 

13 and toddlers and preschool children in 

14 early intervention and preschool pro15 grams.’’. 

16 TITLE II—IMPROVING THE EF17 FECTIVENESS OF SPECIAL 

18 EDUCATION AND RELATED 

19 SERVICES FOR STUDENTS 

20 WITH VISUAL DISABILITIES 

21 Subtitle A—General Provisions 

22 SEC. 201. IDENTIFYING STUDENTS WITH VISUAL DISABIL23 ITIES. 

24 (a) SERVING ALL CHILDREN WITH VISUAL DISABIL25 ITIES REGARDLESS OF CLASSIFICATION.—Section 


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1 612(a)(3) (20 U.S.C. 1412(a)(3)), as amended by section 

2 101 of this Act, is further amended at the end by adding 

3 the following: 

4 ‘‘(D) SERVING CHILDREN WITH VISUAL

5 DISABILITIES.—When a State classifies children 

6 by disability, the State, in complying with this 

7 subsection, identifies, locates, and evaluates 

8 children with visual disabilities who are, or may 

9 be, classified in a disability category other than 

10 blindness and provides (without prejudice to 

11 such classification) special education and re12 lated services to such children, including such 

13 services determined appropriate based on prop14 er evaluation as would be provided to children 

15 classified in the State as having blindness.’’. 

16 (b) DATA COLLECTION AND REPORTING.—Section 

17 618 (20 U.S.C. 1418), as amended by section 101 of this 

18 Act, is further amended by adding at the end the fol19 lowing: 

20 ‘‘(f) ACCOUNTING FOR VISUAL DISABILITIES.—In 

21 addition to the data collection and reporting requirements 

22 of subsections (a) through (d) and subject to such provi23 sions, the State and the Secretary of the Interior shall, 

24 with respect to children classified in a disability category 

25 other than blindness, include the number and percentage 


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1 of such children in each disability category who are also 

2 blind or otherwise have visual disabilities.’’. 

3 SEC. 202. STATE PLANS. 

4 Section 612 (20 U.S.C. 1412), as amended by section 

5 102 of this Act, is further amended at the end by adding 

6 the following: 

7 ‘‘(h) ADDENDUM CONCERNING STUDENTS WITH

8 VISUAL DISABILITIES.— 

9 ‘‘(1) IN GENERAL.—Notwithstanding the provi10 sions of subsection (c), a State shall not be consid11 ered in compliance with this section unless, not later 

12 than 2 years after the date of the enactment of the 

13 Alice Cogswell and Anne Sullivan Macy Act, the 

14 State files with the Secretary a written addendum to 

15 the plan required by this section describing how the 

16 State ensures that— 

17 ‘‘(A) children with visual disabilities (re18 gardless of the State’s use of disability cat19 egories or the extent to which children with vis20 ual disabilities may be classified in disability 

21 categories other than blindness) are evaluated 

22 for such children’s need for instruction and 

23 services meeting their unique academic and re24 lated learning needs, including instruction 

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1 abilities or with other disabilities but which 

2 must be specifically designed, modified, or deliv3 ered to meet the unique academic and related 

4 learning needs of children with visual disabil5 ities; 

6 ‘‘(B) there is sufficient availability of per7 sonnel within the State qualified to provide the 

8 instruction described in subparagraph (A) to all 

9 children within the State requiring such in10 struction; and 

11 ‘‘(C) all children with visual disabilities 

12 within the State who need special education and 

13 related services, whether or not such children 

14 have other disabilities, receive such instruction 

15 and are not being served solely in accordance 

16 with section 504 of the Rehabilitation Act of 

17 1973 (29 U.S.C. 794). 

18 ‘‘(2) CONTENTS.—In preparing the addendum 

19 described in paragraph (1), the State shall— 

20 ‘‘(A) specifically address how the State 

21 meets the needs of students with visual disabil22 ities for instruction in communication and pro23 ductivity (including Braille instruction and as24 sistive technology proficiency), self sufficiency 

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1 bility, self-determination, sensory efficiency, so2 cialization, recreation and fitness, and inde3 pendent living skills), and age appropriate ca4 reer education; 

5 ‘‘(B) describe both the methods to be used 

6 within the State to properly evaluate students’ 

7 need for low vision devices and the process by 

8 which such devices will be provided to each stu9 dent for whom such devices are determined ap10 propriate by the IEP Team; and 

11 ‘‘(C) consult with individuals and organiza12 tions with expertise in the education of children 

13 with visual disabilities, including parents, con14 sumer and advocacy organizations, and teachers 

15 of students with visual impairments and others 

16 the State may identify.’’. 

17 SEC. 203. EVALUATIONS. 

18 Section 614(b) (20 U.S.C. 1414(b)), as amended by 

19 section 103 of this Act, is further amended by adding at 

20 the end the following new paragraph: 

21 ‘‘(8) VISUAL DISABILITIES.— 

22 ‘‘(A) IN GENERAL.—In conducting the as23 sessments prescribed in paragraph (3)(B), de24 termination of the need of children with visual 

25 disabilities (including children who may have 


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1 additional disabilities) for special education and 

2 related services shall include evaluation of such 

3 children’s unique learning needs, including 

4 needs for instruction which may be needed by 

5 students without disabilities or with other dis6 abilities but which must be specifically de7 signed, modified, or delivered to meet the 

8 unique learning needs of students with visual 

9 disabilities. 

10 ‘‘(B) CONTENT OF EVALUATIONS.—The 

11 evaluations described in subparagraph (A) shall, 

12 at a minimum, include evaluations assessing the 

13 need for instruction in assistive technology pro14 ficiency (inclusive of low vision devices), self 

15 sufficiency and interaction (including orienta16 tion and mobility, self-determination, sensory 

17 efficiency, socialization, recreation and fitness, 

18 and independent living skills), and age-appro19 priate career education.’’. 

20 SEC. 204. CONSIDERATION OF SPECIAL FACTORS. 

21 Section 614(d)(3)(B)(iii) (20 U.S.C. 

22 1414(d)(3)(B)(iii)) is amended by striking the semicolon 

23 and inserting the following: ‘‘and provide instruction meet24 ing the child’s unique learning needs, including instruction 

25 that— 


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1 ‘‘(I) may be needed by students 

2 without disabilities or with other dis3 abilities but which shall be specifically 

4 designed, modified, or delivered to 

5 meet the unique learning needs of stu6 dents with visual disabilities; and 

7 ‘‘(II) includes assistive tech8 nology proficiency (inclusive of low vi9 sion devices), self sufficiency and 

10 interaction (including orientation and 

11 mobility, self-determination, sensory 

12 efficiency, socialization, recreation and 

13 fitness, and independent living skills), 

14 and age appropriate career edu15 cation;’’. 

16 SEC. 205. TECHNICAL ASSISTANCE FOR PARENTS AND EDU17 CATORS OF STUDENTS WITH VISUAL DISABIL18 ITIES. 

19 Section 616 (20 U.S.C. 1416), as amended by section 

20 108 of this Act, is further amended by adding at the end 

21 the following: 

22 ‘‘(k) MAINTAINING CURRENT POLICY GUIDANCE FOR

23 PARENTS AND EDUCATORS OF STUDENTS WITH VISUAL

24 DISABILITIES.—The Secretary shall ensure that not later 

25 than 1 year after the date of the enactment of the Alice 


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1 Cogswell and Anne Sullivan Macy Act (and periodically 

2 thereafter but at least within 5-year intervals), policy 

3 guidance concerning the provision of special education and 

4 related services to students with visual disabilities (last 

5 published in the Federal Register on June 8, 2000 (65 

6 Fed. Reg. 36586)), is reviewed and updated (with par7 ticular attention to explanation of relevant amendments 

8 made by the Alice Cogswell and Anne Sullivan Macy Act 

9 or to its implementing regulations) and is published in the 

10 Federal Register.’’. 

11 Subtitle B—Anne Sullivan Macy 

12 Center on Visual Disability and 

13 Educational Excellence 

14 SEC. 211. CENTER ESTABLISHMENT AND MISSION. 

15 (a) ESTABLISHMENT.—There is established within 

16 the Department of Education a national program named 

17 the Anne Sullivan Macy Center on Visual Disability and 

18 Educational Excellence (referred to in this subtitle as the 

19 ‘‘Anne Sullivan Macy Center’’), which shall carry out the 

20 activities described in section 213 in furtherance of the 

21 mission described in subsection (b). 

22 (b) MISSION.—The mission of the program estab23 lished in subsection (a) is to better support students with 

24 visual disabilities receiving special education and related 


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1 services to learn effectively and live productively and inde2 pendently through— 

3 (1) development and dissemination of curricula, 

4 courses, materials, and methods supporting the con5 tinuing education of personnel qualified under State 

6 law to serve as teachers of students with visual im7 pairments and related services personnel serving 

8 such children; 

9 (2) support for the establishment of new pro10 grams within institutions of higher education to pre11 pare teachers of students with visual impairments to 

12 serve students with visual disabilities who also have 

13 additional disabilities; 

14 (3) modeling local, regional, and national en15 richment projects open to students with visual dis16 abilities that are intended to supplement State edu17 cational agency and local educational agency provi18 sion of specialized instruction and services meeting 

19 such students’ unique learning needs; and 

20 (4) research identifying, developing, and evalu21 ating valid assessments and effective interventions 

22 measuring and addressing the unique needs of stu23 dents with visual disabilities, including need for in24 struction and services which may be needed by stu25 dents without disabilities or with other disabilities 


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1 but which must be specifically designed, modified, or 

2 delivered to meet the unique learning needs of stu3 dents with visual disabilities. At a minimum, such 

4 instruction and services include communication and 

5 productivity (including braille instruction, and as6 sistive technology proficiency inclusive of low vision 

7 devices), self sufficiency and interaction (including 

8 orientation and mobility, self-determination, sensory 

9 efficiency, socialization, recreation and fitness, and 

10 independent living skills), and age appropriate career 

11 education. 

12 SEC. 212. ADMINISTRATION; ELIGIBILITY; GOVERNANCE; 

13 STRUCTURE. 

14 (a) ADMINISTRATION.—To carry out the provisions 

15 of section 211, the Secretary of Education shall enter into 

16 a contract or cooperative agreement (of no less than 5 

17 years in duration) with a consortium of entities described 

18 in subsection (b) which shall, with oversight by the Sec19 retary, have primary responsibility for administering the 

20 program described in this subtitle. The Secretary shall 

21 have ongoing authority to enter into such contracts or co22 operative agreements. 

23 (b) ELIGIBILITY.—The consortium of entities de24 scribed in subsection (a) shall include— 


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1 (1) at least two national nonprofit organizations 

2 with demonstrated experience publishing materials, 

3 offering direct professional development opportuni4 ties, and disseminating course curricula supporting 

5 the preparation or continuing education of teachers 

6 of students with visual impairments and related 

7 services personnel; 

8 (2) at least one national nonprofit organization 

9 (which may include a special school serving students 

10 who are blind) with demonstrated experience directly 

11 serving students with visual disabilities (including 

12 students who may or may not have additional dis13 abilities) through in-person instruction and services 

14 meeting their unique learning needs; 

15 (3) at least one institution of higher education 

16 that— 

17 (A) has consistently maintained for at 

18 least 10 years a program of instruction pre19 paring teachers of students with visual impair20 ments or orientation and mobility instructors; 

21 and 

22 (B) offers a program of doctoral study in 

23 special education; and 


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1 (4) any other entity or entities with which the 

2 entities described in paragraphs (1), (2), and (3) 

3 choose to partner (with approval of the Secretary). 

4 (c) GOVERNANCE.—As part of the Secretary’s over5 sight responsibilities, the Secretary shall appoint an advi6 sory board (of no more than 12 individual members who 

7 do not have a concurrent fiscal, fiduciary, or employment 

8 relationship with any of the entities comprising the consor9 tium described in subsection (b)) which shall advise the 

10 Secretary and such consortium of entities with respect to 

11 strategic planning and annual program performance. The 

12 advisory board shall be comprised of individuals with per13 sonal or professional experience with the needs of students 

14 with visual disabilities and shall include parents of stu15 dents with visual disabilities, administrators of special 

16 education programs, and representatives of national orga17 nizations of individuals who are blind or visually impaired. 

18 The Secretary is authorized to compensate the members 

19 of the advisory board for reasonable expenses incurred for 

20 travel related to in-person meetings of the advisory board 

21 which shall occur no more frequently than three times 

22 within a calendar year. The provisions of the Federal Ad23 visory Committee Act shall not apply to meetings or other 

24 activities of the advisory board. Prior to the appointment 

25 of any individual to the advisory board, the Secretary shall 


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1 consult with such consortium of entities which may also 

2 nominate individuals to the Secretary for advisory board 

3 membership. 

4 (d) STRUCTURE.—The Secretary, as part of the con5 tract or cooperative agreement described in subsection (a), 

6 shall ensure that such contract or cooperative agreement 

7 specifies any and all necessary fiscal and other responsibil8 ities between and among the entities described in sub9 section (b) whom shall propose such responsibilities to the 

10 Secretary in an application for award of such contract or 

11 cooperative agreement containing such information as the 

12 Secretary may require. 

13 SEC. 213. ACTIVITIES. 

14 Subject to the provisions of this subtitle, the Anne 

15 Sullivan Macy Center on Visual Disability and Edu16 cational Excellence is authorized— 

17 (1) to conduct or fund original quantitative and 

18 qualitative research and publish or otherwise dis19 seminate such research; 

20 (2) to conduct or fund in-person and online 

21 continuing education opportunities for teachers of 

22 students with visual impairments and related serv23 ices personnel specifically trained to meet the unique 

24 learning needs of such students, and prepare, pub25 lish, or otherwise disseminate supporting materials; 


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1 (3) to conduct or fund in-person or online en2 richment projects for students with visual disabilities 

3 (including those who may also have additional dis4 abilities) to offer direct instruction and services in5 tended to improve the capacity of such students to 

6 learn effectively and live both productively and inde7 pendently for the purpose of— 

8 (A) supplementing the availability of such 

9 instruction and services offered by State edu10 cational agencies and local educational agencies; 

11 and 

12 (B) evaluating, through appropriate quan13 titative and qualitative methods, the effective14 ness of instruction and services offered by such 

15 projects; 

16 (4) to fund, in accordance with regulations oth17 erwise applicable to personnel preparation programs 

18 supported under part D of the Individuals with Dis19 abilities Education Act (20 U.S.C. 1450 et seq.), the 

20 establishment of programs within institutions of 

21 higher education preparing teachers of students with 

22 visual impairments (which have not been previously 

23 funded under such part) to specifically prepare such 

24 teachers to provide expert instruction to students 


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1 with visual disabilities who also have additional dis2 abilities; and 

3 (5) to enter into cooperative agreements, con4 tracts, or grants (or other arrangements which may 

5 be permitted by the Secretary) with nonprofit orga6 nizations possessing demonstrable expertise and ex7 perience serving students with visual disabilities or 

8 the professionals trained to work with such students, 

9 institutions of higher education, State educational 

10 agencies, local educational agencies, public and pri11 vate specialized schools serving students with visual 

12 disabilities, and consortia of such entities, for the 

13 purpose of carrying out activities authorized in this 

14 subsection that are not otherwise directly conducted, 

15 in whole or in part, by the Anne Sullivan Macy Cen16 ter. 

17 SEC. 214. RELATIONSHIP TO OTHER PROGRAMS AND AC18 TIVITIES. 

19 (a) MAXIMIZING RESOURCES.—No funds made avail20 able pursuant to this subtitle may be used to fund pro21 grams or activities otherwise concurrently funded under 

22 part D of the Individuals with Disabilities Education Act. 

23 (b) COORDINATION OF RESEARCH.—The Secretary 

24 shall ensure that research activities authorized and carried 

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1 ordination as appropriate with the National Center for 

2 Special Education Research and other divisions within the 

3 Department of Education responsible for research activi4 ties. 

5 (c) RELATIONSHIP TO SERVICES OFFERED BY THE

6 AMERICAN PRINTING HOUSE FOR THE BLIND.—Nothing 

7 in this subtitle shall be construed to limit or otherwise con8 dition the use of any funds appropriated pursuant to the 

9 Act entitled ‘‘An Act to Promote the Education of the 

10 Blind’’, approved March 3, 1879 (20 U.S.C. 101 et seq.), 

11 and no funds made available pursuant to this subtitle shall 

12 be used by any State educational agency or local edu13 cational agency to supplant the use of funds appropriated 

14 under such Act. 

15 (d) RELATIONSHIP TO FUNDING FOR NATIONAL

16 CENTER ON DEAF-BLINDNESS, STATE DEAF-BLIND

17 PROJECTS, AND THE HELEN KELLER NATIONAL CEN18 TER.—The Secretary shall ensure that any activities con19 ducted or funded by the Anne Sullivan Macy Center di20 rectly serving individuals who are deaf-blind are coordi21 nated as appropriate with the National Center on Deaf22 Blindness, State deaf-blind projects, and the Helen Keller 

23 National Center. No funds made available pursuant to this 

24 title may be used to support or supplant activities that 

25 are otherwise the sole responsibility of the National Center 


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1 on Deaf-Blindness and State deaf-blind projects pursuant 

2 to sections 663(c)(8)(A) and 682(d)(1)(A) of the Individ3 uals with Disabilities Education Act (20 U.S.C. 

4 1463(d)(1)(A); 20 U.S.C. 1482(d)(1)(A)). No funds made 

5 available pursuant to this title may be used to support 

6 activities that are otherwise the sole responsibility of the 

7 Helen Keller National Center or may be used to supplant 

8 funds for such Center. 

9 (e) WORK PRODUCT.—All matter produced by the 

10 Anne Sullivan Macy Center shall be the property of the 

11 United States Government, except that entities comprising 

12 the consortium of entities described in section 212(b) shall 

13 be individually free, within the terms of the contract or 

14 cooperative agreement described in section 212(a), to re15 produce, or author copyrighted derivative works, using 

16 such matter. 

17 SEC. 215. DEFINITIONS. 

18 In this subtitle: 

19 (1) IDEA TERMS.—The terms ‘‘institution of 

20 higher education’’, ‘‘local educational agency’’, ‘‘re21 lated services’’, ‘‘special education’’, and ‘‘State edu22 cational agency’’ have the meanings given the terms 

23 in section 602 of the Individuals with Disabilities 

24 Education Act (20 U.S.C. 1401). 


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1 (2) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Education. 

3 SEC. 216. AUTHORIZATION OF APPROPRIATIONS AND CAR4 RYOVER. 

5 (a) AUTHORIZATION OF APPROPRIATIONS.—To carry 

6 out the provisions of this subtitle, there are authorized to 

7 be appropriated such sums as may be necessary, provided 

8 that for the fiscal year immediately following the date of 

9 enactment of this Act and for each succeeding fiscal year, 

10 the amount appropriated shall be an amount equal to no 

11 less than 0.2 percent of funds appropriated in the previous 

12 fiscal year for grants to States under part B of the Indi13 viduals with Disabilities Education Act (20 U.S.C. 1411 

14 et seq.). 

15 (b) CARRYOVER.—Funds appropriated pursuant to 

16 subsection (a) that have not been expended during the fis17 cal year for which they were appropriated shall remain 

18 available in the subsequent fiscal year, provided that no 

19 more than 15 percent of a given fiscal year’s appropriation 

20 may be so carried over. 


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1 TITLE III—IMPROVING THE EF2 FECTIVENESS OF SPECIAL 

3 EDUCATION AND RELATED 

4 SERVICES FOR CHILDREN 

5 AND YOUTH WHO ARE DEAF6 BLIND 

7 Subtitle A—General Provisions 

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

9 (a) SERVING ALL CHILDREN WITH DEAF-BLIND10 NESS REGARDLESS OF CLASSIFICATION.—Section 

11 612(a)(3) (20 U.S.C. 1412(a)(3)), as amended by sections 

12 101 and 201 of this Act, is further amended by adding 

13 at the end the following: 

14 ‘‘(E) SERVING CHILDREN WITH DEAF15 BLINDNESS.—When a State classifies children 

16 by disability, the State, in complying with this 

17 subsection, identifies, locates and evaluates chil18 dren with concomitant vision and hearing losses 

19 who are, or may be, classified in a disability 

20 category other than deaf-blindness, meaning 

21 concomitant hearing and visual impairments, 

22 the combination of which causes severe commu23 nication and other developmental and edu24 cational needs that adversely affect a child’s 

25 educational performance (and including children 


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1 who are deaf-blind with additional disabilities), 

2 and provides (without prejudice to such classi3 fication) special education and related services 

4 to such children, including such services deter5 mined appropriate based on proper evaluation 

6 as would be provided to children classified in 

7 the State as having deaf-blindness.’’. 

8 (b) DATA COLLECTION AND REPORTING.—Section 

9 618 (20 U.S.C. 1418), as amended by sections 101 and 

10 201 of this Act, is further amended by adding at the end 

11 the following: 

12 ‘‘(g) ACCOUNTING FOR CHILDREN WITH DEAF13 BLINDNESS.—In addition to the data collection and re14 porting requirements of subsections (a) through (d) and 

15 subject to such provisions, the State and the Secretary of 

16 the Interior shall, with respect to children classified in a 

17 disability category other than deaf-blindness, include the 

18 number and percentage of such children in each disability 

19 category who are also deaf-blind.’’. 

20 (c) CHILD WITH A DISABILITY.—Section 

21 602(3)(A)(i) (20 U.S.C. 1401(3)(A)(i)) is amended by in22 serting ‘‘deaf-blindness,’’ after ‘‘visual impairments (in23 cluding blindness),’’. 


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1 SEC. 302. RELATED SERVICES. 

2 Section 602(26)(A) (20 U.S.C. 1401(26)(A)) is 

3 amended— 

4 (1) by striking ‘‘and medical services’’ and in5 serting ‘‘, medical services’’; and 

6 (2) by inserting ‘‘, and intervener services, 

7 which are provided to children who are deaf-blind by 

8 a qualified intervener’’ after ‘‘for diagnostic and 

9 evaluation purposes only’’. 

10 SEC. 303. STATE PLANS. 

11 Section 612 (20 U.S.C. 1412), as amended by sec12 tions 102 and 202 of this Act, is further amended by add13 ing at the end the following: 

14 ‘‘(i) ADDENDUM CONCERNING CHILDREN WHO ARE

15 DEAF-BLIND.— 

16 ‘‘(1) IN GENERAL.—Notwithstanding the provi17 sions of subsection (c), a State shall not be consid18 ered in compliance with this section unless, not later 

19 than two years after the date of the enactment of 

20 the Alice Cogswell and Anne Sullivan Macy Act, the 

21 State files with the Secretary a written addendum to 

22 the plan required by this section describing how the 

23 State ensures that— 

24 ‘‘(A) children with deaf-blindness (regard25 less of the State’s use of disability categories or 

26 the extent to which children with deaf-blindness 


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1 may be classified in disability categories other 

2 than deaf-blindness) are evaluated by qualified 

3 professionals including teachers of deaf-blind, 

4 using valid and reliable assessments, for such 

5 children’s need for instruction and services 

6 meeting their unique language and communica7 tion, literacy, academic, social, and related 

8 learning needs, including instruction which may 

9 be needed by children without disabilities or 

10 with other disabilities but which must be spe11 cifically designed, modified, or delivered to meet 

12 the unique language and communication, aca13 demic, and related learning needs of children 

14 with deaf-blindness; 

15 ‘‘(B) there is sufficient availability of per16 sonnel, including teachers of the deaf-blind and 

17 interveners, within the State qualified to pro18 vide the evaluation, instruction, and services de19 scribed in subparagraph (A) to all children 

20 within the State requiring such instruction; and 

21 ‘‘(C) all children with deaf-blindness within 

22 the State who need special education and re23 lated services, whether or not such children 

24 have other disabilities, receive such instruction 

25 and are not being served solely in accordance 


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1 with section 504 of the Rehabilitation Act of 

2 1973 (29 U.S.C. 794). 

3 ‘‘(2) CONTENTS.—In preparing the addendum 

4 described in paragraph (1), the State shall— 

5 ‘‘(A) specifically address how the State 

6 meets the needs of children with deaf-blindness 

7 to support ongoing progress in language devel8 opment and in the child’s preferred mode of 

9 communication, and including the provision of 

10 school-related opportunities for direct commu11 nications with peers and professional personnel 

12 in the child’s preferred mode of communication 

13 and opportunities for direct instruction in (but 

14 not limited to) concept development, functional 

15 skills for academic success, self-determination 

16 and advocacy, social-emotional skills, visual and 

17 auditory sensory efficiency skills, orientation 

18 and mobility, assistive technology proficiency, 

19 independent living skills, age-appropriate career 

20 education, and support for the student through 

21 family education; and 

22 ‘‘(B) consult with individuals and organiza23 tions with expertise in the education of children 

24 with deaf-blindness including parents, con25 sumers, advocacy organizations, national and 


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1 State organizations focused on deaf-blindness, 

2 and others the State may identify.’’. 

3 SEC. 304. EVALUATIONS. 

4 Section 614(b) (20 U.S.C. 1414(b)), as amended by 

5 sections 103 and 203 of this Act, is further amended by 

6 adding at the end the following: 

7 ‘‘(9) CHILDREN WHO ARE DEAF-BLIND.— 

8 ‘‘(A) IN GENERAL.—In conducting the as9 sessments prescribed in paragraph (3)(B), chil10 dren who are deaf-blind (including children who 

11 may have additional disabilities) shall be evalu12 ated on language and communication pro13 ficiency levels, including expressive, receptive, 

14 and pragmatic skills, and ability to access grade 

15 level content in the child’s preferred mode of 

16 communication, including non-symbolic and 

17 symbolic communication and tactile sign lan18 guage. Qualified personnel trained in deaf19 blindness, who communicate in the child’s pre20 ferred mode of communication, shall be actively 

21 involved in assessments and evaluations. Also, 

22 requirements included in paragraphs (7)(A) and 

23 (8)(A) shall apply to children with deaf-blind24 ness. 


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1 ‘‘(B) CONTENT OF EVALUATIONS.—The 

2 evaluations described in subparagraph (A) shall, 

3 at a minimum, include evaluations assessing the 

4 need for services and supports to assist children 

5 who are deaf-blind in developing and maintain6 ing language and communication skills in their 

7 preferred mode of communication, including 

8 non-symbolic and symbolic communication and 

9 tactile sign language. Other areas of evaluation 

10 for children who are deaf-blind shall include 

11 those found in paragraphs (7)(B) and (8)(B).’’. 

12 SEC. 305. CONSIDERATION OF SPECIAL FACTORS. 

13 Section 614(d)(3)(B) (20 U.S.C. 1414(d)(3)(B)), as 

14 amended by sections 105 and 204 of this Act, is further 

15 amended— 

16 (1) by redesignating clause (v) as clause (vi); 

17 and 

18 (2) by inserting after clause (iv) the following: 

19 ‘‘(v) in the case of a child who is deaf20 blind, provide for the child’s language and 

21 communication needs, including, but not 

22 limited to, tactile sign language, tactile and 

23 visual adaptations to sign and 

24 fingerspelling, and object and tangible 

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1 ments included in sections 

2 614(d)(3)(B)(iii) and 614(d)(3)(B)(iv) to 

3 each child with deaf-blindness; and’’. 

4 SEC. 306. TECHNICAL ASSISTANCE FOR PARENTS AND EDU5 CATORS OF CHILDREN WHO ARE DEAF6 BLIND. 

7 Section 616 (20 U.S.C. 1416), as amended by sec8 tions 108 and 205 of this Act, is further amended by add9 ing at the end the following: 

10 ‘‘(l) DEVELOPING POLICY GUIDANCE FOR PARENTS

11 AND EDUCATORS OF CHILDREN WITH DEAF-BLIND12 NESS.—The Secretary shall ensure that not later than one 

13 year after the date of the enactment of the Alice Cogswell 

14 and Anne Sullivan Macy Act policy guidance concerning 

15 the provision of special education and related services to 

16 children who are deaf-blind is developed (and periodically 

17 thereafter but at least within five-year intervals, updated), 

18 with particular attention to explanation of relevant amend19 ments to this Act or to its implementing regulations, and 

20 is published in the Federal Register.’’. 

21 SEC. 307. CONFORMING REGULATIONS. 

22 Section 617 (20 U.S.C. 1417) is amended by adding 

23 at the end the following: 

24 ‘‘(f) Not later than one year after the date of the 

25 enactment of the Alice Cogswell and Anne Sullivan Macy 


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1 Act, the Secretary shall, after notice and comment, publish 

2 regulations that provide definitions for ‘deaf-blindness’ 

3 and ‘intervener services’, as used in this title.’’. 

4 Subtitle B—Improving the Effec5 tiveness of Early Intervention 

6 for Infants and Toddlers With 

7 Deaf-Blindness and Their Fami8 lies 

9 SEC. 311. CONTENT OF PLAN. 

10 Section 636(d)(3) (20 U.S.C. 1436(d)(3)), as amend11 ed by section 113, is further amended by adding at the 

12 end the following: 

13 ‘‘(B) in the case of an infant or toddler 

14 who is deaf-blind, a statement of the ongoing 

15 language and communication assessment that 

16 will be provided to the child, language and com17 munication development goals commensurate 

18 with the child’s cognitive abilities, the language 

19 and communication access that will be provided, 

20 including ongoing opportunities for direct lan21 guage learning and communication access to 

22 peers, early intervention service providers, and 

23 other professional personnel trained in the 

24 child’s preferred mode of communication, and 

25 the support and instruction that will be proVerDate Sep 11 2014 20:32 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S813.IS S813

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1 vided to families to learn and support the 

2 child’s language and communication mode and 

3 the child’s full range of needs;’’. 

4 Subtitle C—National Activities To 

5 Improve the Education of Chil6 dren With Disabilities 

7 SEC. 321. PERSONNEL DEVELOPMENT TO IMPROVE SERV8 ICES AND RESULTS FOR CHILDREN WITH DIS9 ABILITIES; ENSURING SUFFICIENT TEACH10 ERS OF THE DEAF-BLIND AND EARLY INTER11 VENTION SPECIALISTS. 

12 Section 662(c)(2) (20 U.S.C. 1462(c)(2)), as amend13 ed by section 121, is further amended— 

14 (1) by redesignating subparagraphs (G) and 

15 (H) as subparagraphs (I) and (J), respectively; and 

16 (2) by inserting after subparagraph (F) the fol17 lowing: 

18 ‘‘(G) Preparing personnel to be qualified 

19 teachers of the deaf-blind and early intervention 

20 specialists, to assist children with deaf-blindness 

21 in schools and school related activities, as well 

22 as toddlers and preschool children with deaf23 blindness in early intervention and preschool 

24 programs, to develop communication and lit25 eracy skills, and to access, organize, and utilize 


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1 information about the environment and acquire 

2 concepts essential for learning. 

3 ‘‘(H) Preparing personnel to be qualified 

4 interveners as individualized supports to assist 

5 children with deaf-blindness in school and 

6 school related activities, and infants and tod7 dlers and preschool children with deaf-blindness 

8 in early intervention and preschool programs.’’. 

Æ 


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