II 

115TH CONGRESS 

1ST SESSION S. 2087 

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 

NOVEMBER 7, 2017 

Mr. MARKEY (for himself and Mrs. CAPITO) 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. Authorization of appropriations and carryover. 

Sec. 215. Relationship to other programs and activities. 

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

WHO ARE 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. 

1 SEC. 2. PURPOSES. 

2 The purposes of this Act are as follows: 


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

2 special education and related services to students 

3 with visual disabilities or who are deaf or hard of 

4 hearing or who are deaf-blind through specialized in5 structional services and methodologies designed to 

6 meet their unique language, communication, and 

7 learning needs. 

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

9 early intervention services to infants and toddlers 

10 who are deaf or hard of hearing or who are deaf11 blind and their families through specialized services 

12 and methodologies designed to meet their unique 

13 language, communication, and other developmental 

14 needs. 

15 (3) To foster the proliferation of research sup16 porting the development and evaluation of effective 

17 and innovative assessments and instructional meth18 odologies consonant with the unique learning needs 

19 of students with visual disabilities. 

20 (4) To enhance accountability for the provision 

21 of such services. 

22 (5) To support the development of personnel 

23 serving students with visual disabilities or who are 

24 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 20:48 Nov 08, 2017 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2087.IS S2087

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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) in the case of a child who is deaf 

15 or hard of hearing, provide for— 

16 ‘‘(I) the child’s language and 

17 communication needs, opportunities 

18 for direct communications, without an 

19 intermediary such as an interpreter, 

20 with peers and professional personnel 

21 in the child’s primary language, in22 cluding American Sign Language and 

23 spoken English with or without visual 

24 supports, academic level, and full 

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1 ties for direct instruction in the 

2 child’s language; and 

3 ‘‘(II) instruction meeting the 

4 child’s unique learning needs, includ5 ing services and settings to assist the 

6 child in developing or maintaining age 

7 appropriate language and communica8 tion levels in the student’s primary 

9 language, including American Sign 

10 Language and spoken English with or 

11 without visual supports, literacy in12 struction, and instruction which may 

13 be needed by students without disabil14 ities or with other disabilities but 

15 which must be specifically designed, 

16 modified, or delivered to meet the 

17 unique learning needs of students who 

18 are deaf or hard of hearing. Such in19 struction includes assistive technology 

20 proficiency, self sufficiency and inter21 action, self-determination, socializa22 tion, independent living skills, and age 

23 appropriate career education;’’. 


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1 SEC. 106. MONITORING. 

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

3 adding at the end the following: 

4 ‘‘(5) ENHANCED MONITORING OF SERVICES

5 FOR CERTAIN STUDENTS.—In carrying out the re6 sponsibilities of this subsection, the Secretary shall 

7 specifically monitor compliance with paragraphs (3) 

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

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

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

11 SEC. 107. CONTINUUM OF SERVICE DELIVERY OPTIONS. 

12 (a) ENSURING CONTINUUM AVAILABILITY.—Section 

13 612(a)(5) (20 U.S.C. 1412(a)(5)) is amended by adding 

14 at the end the following: 

15 ‘‘(C) CONTINUUM OF ALTERNATIVE

16 PLACEMENTS.—The State shall ensure that a 

17 full continuum of alternative placements is 

18 available to meet the needs of children with dis19 abilities for special education and related serv20 ices. Such continuum must include instruction 

21 in regular classes, special classes, special 

22 schools, home instruction, and instruction in 

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1 vided in conjunction with regular class place2 ment.’’. 

3 (b) MAINTENANCE OF SPECIALIZED SERVICES AND

4 SETTINGS FOR STUDENTS WITH SENSORY DISABIL5 ITIES.—Section 612(a)(18) (20 U.S.C. 1412(a)(18)) is 

6 amended by adding at the end the following: 

7 ‘‘(E) MAINTAINING A CONTINUUM OF

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

9 special school serving children who are blind or 

10 a special school serving children who are deaf 

11 (or the consolidation or merger of such school 

12 with another school), shall be considered a re13 duction of the State’s financial support for spe14 cial education and related services within the 

15 meaning of subparagraph (A).’’. 

16 SEC. 108. TECHNICAL ASSISTANCE FOR PARENTS AND EDU17 CATORS OF STUDENTS WHO ARE DEAF OR 

18 HARD OF HEARING. 

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

20 at the end the following: 

21 ‘‘(j) MAINTAINING CURRENT DEAF STUDENTS EDU22 CATION SERVICE POLICY GUIDANCE.—The Secretary 

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

24 of the enactment of the Alice Cogswell and Anne Sullivan 

25 Macy Act (and periodically thereafter but at least within 


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1 five-year intervals), policy guidance concerning the provi2 sion of special education and related services to deaf and 

3 hard of hearing students (published in the Federal Reg4 ister on October 30, 1992 (57 Fed. Reg. 49274)) is re5 viewed and updated (with particular attention to expla6 nation of relevant amendments to this Act or to its imple7 menting regulations) and is published in the Federal Reg8 ister.’’. 

9 Subtitle B—Improving the Effec10 tiveness of Early Intervention 

11 for Deaf or Hard of Hearing In12 fants and Toddlers and Their 

13 Families 

14 SEC. 111. QUALIFIED PERSONNEL. 

15 Section 632(4)(F) (20 U.S.C. 1432(4)(F)) is amend16 ed— 

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

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

19 and 

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

21 ‘‘(xiii) teachers of infants and toddlers 

22 with sensory disabilities;’’. 

23 SEC. 112. NATURAL ENVIRONMENT. 

24 Section 632(4)(G) (20 U.S.C. 1432(4)(G)) is amend25 ed to read as follows: 


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

2 are provided in— 

3 ‘‘(i) natural environments, including 

4 the home and, for infants and toddlers 

5 with sensory disabilities, such as deafness, 

6 blindness, or deaf-blindness, including— 

7 ‘‘(I) specialized schools, centers, 

8 and other programs where the child’s 

9 language, including American Sign 

10 Language and spoken English with or 

11 without visual supports, is the pri12 mary language and mode of commu13 nication; or 

14 ‘‘(II) any other environment 

15 where services meeting unique needs 

16 are available; and 

17 ‘‘(ii) community settings in which chil18 dren without disabilities participate;’’. 

19 SEC. 113. CONTENT OF PLAN. 

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

21 by striking the semicolon at the end and inserting the fol22 lowing: ‘‘and— 

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

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

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1 sessment that will be provided to the child, lan2 guage and communication development goals 

3 commensurate with the child’s cognitive abili4 ties, the language and communication access 

5 that will be provided, including ongoing oppor6 tunities for direct language learning and com7 munication access to peers, early intervention 

8 service providers, and other professional per9 sonnel in the child’s language, including Amer10 ican Sign Language and spoken English with or 

11 without visual supports, and the support and 

12 instruction that will be provided to families to 

13 learn and support the child’s language and 

14 communication mode; and’’. 

15 Subtitle C—National Activities To 

16 Improve Education of Children 

17 With Disabilities 

18 SEC. 121. PERSONNEL DEVELOPMENT TO IMPROVE SERV19 ICES AND RESULTS FOR CHILDREN WITH DIS20 ABILITIES. 

21 (a) LICENSING OF EDUCATIONAL INTERPRETERS.— 

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

23 amended to read as follows: 

24 ‘‘(E) Preparing personnel to be qualified 

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1 propriate licensing body, to assist children with 

2 low incidence disabilities, particularly deaf and 

3 hard of hearing children, in school and school 

4 related activities, and deaf and hard of hearing 

5 infants and toddlers and preschool children in 

6 early intervention and preschool programs.’’. 

7 (b) ENSURING SUFFICIENT TEACHERS OF THE DEAF

8 AND EARLY INTERVENTION SPECIALISTS.—Section 

9 662(c)(2) (20 U.S.C. 1462(c)(2)), as amended by sub10 section (a), is further amended— 

11 (1) by redesignating subparagraphs (F) and 

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

13 (2) by inserting after subparagraph (E) the fol14 lowing: 

15 ‘‘(F) Preparing personnel to be qualified 

16 teachers of the deaf and early intervention spe17 cialists, to assist— 

18 ‘‘(i) children with low incidence dis19 abilities, particularly deaf and hard of 

20 hearing children, to develop age appro21 priate language, including American Sign 

22 Language and spoken English with or 

23 without visual supports, and age appro24 priate literacy skills in school and school 

25 related activities; and 


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

2 and toddlers and preschool children in 

3 early intervention and preschool pro4 grams.’’. 

5 TITLE II—IMPROVING THE EF6 FECTIVENESS OF SPECIAL 

7 EDUCATION AND RELATED 

8 SERVICES FOR STUDENTS 

9 WITH VISUAL DISABILITIES 

10 Subtitle A—General Provisions 

11 SEC. 201. IDENTIFYING STUDENTS WITH VISUAL DISABIL12 ITIES. 

13 (a) SERVING ALL CHILDREN WITH VISUAL DISABIL14 ITIES REGARDLESS OF CLASSIFICATION.—Section 

15 612(a)(3) (20 U.S.C. 1412(a)(3)), as amended by section 

16 101 of this Act, is further amended at the end by adding 

17 the following: 

18 ‘‘(D) SERVING CHILDREN WITH VISUAL

19 DISABILITIES.—When a State classifies children 

20 by disability, the State, in complying with this 

21 subsection, identifies, locates, and evaluates 

22 children with visual disabilities who are, or may 

23 be, classified in a disability category other than 

24 blindness and provides (without prejudice to 

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1 lated services to such children, including such 

2 services determined appropriate based on prop3 er evaluation as would be provided to children 

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

5 (b) DATA COLLECTION AND REPORTING.—Section 

6 618 (20 U.S.C. 1418), as amended by section 101 of this 

7 Act, is further amended by adding at the end the fol8 lowing: 

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

10 addition to the data collection and reporting requirements 

11 of subsections (a) through (d) and subject to such provi12 sions, the State and the Secretary of the Interior shall, 

13 with respect to children classified in a disability category 

14 other than blindness, include the number and percentage 

15 of such children in each disability category who are also 

16 blind or otherwise have visual disabilities.’’. 

17 SEC. 202. STATE PLANS. 

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

19 102 of this Act, is further amended at the end by adding 

20 the following: 

21 ‘‘(h) ADDENDUM CONCERNING STUDENTS WITH

22 VISUAL DISABILITIES.— 

23 ‘‘(1) IN GENERAL.—Notwithstanding the provi24 sions of subsection (c), a State shall not be consid25 ered in compliance with this section unless, not later 


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

2 Alice Cogswell and Anne Sullivan Macy Act, the 

3 State files with the Secretary a written addendum to 

4 the plan required by this section describing how the 

5 State ensures that— 

6 ‘‘(A) children with visual disabilities (re7 gardless of the State’s use of disability cat8 egories or the extent to which children with vis9 ual disabilities may be classified in disability 

10 categories other than blindness) are evaluated 

11 for such children’s need for instruction and 

12 services meeting their unique academic and re13 lated learning needs, including instruction 

14 which may be needed by children without dis15 abilities or with other disabilities but which 

16 must be specifically designed, modified, or deliv17 ered to meet the unique academic and related 

18 learning needs of children with visual disabil19 ities; 

20 ‘‘(B) there is sufficient availability of per21 sonnel within the State qualified to provide the 

22 instruction described in subparagraph (A) to all 

23 children within the State requiring such in24 struction; and 


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1 ‘‘(C) all children with visual disabilities 

2 within the State who need special education and 

3 related services, whether or not such children 

4 have other disabilities, receive such instruction 

5 and are not being served solely in accordance 

6 with section 504 of the Rehabilitation Act of 

7 1973 (29 U.S.C. 794). 

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

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

10 ‘‘(A) specifically address how the State 

11 meets the needs of students with visual disabil12 ities for instruction in communication and pro13 ductivity (including Braille instruction and as14 sistive technology proficiency), self sufficiency 

15 and interaction (including orientation and mo16 bility, self-determination, sensory efficiency, so17 cialization, recreation and fitness, and inde18 pendent living skills), and age appropriate ca19 reer education; 

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

21 within the State to properly evaluate students’ 

22 need for low vision devices and the process by 

23 which such devices will be provided to each stu24 dent for whom such devices are determined ap25 propriate by the IEP Team; and 


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1 ‘‘(C) consult with individuals and organiza2 tions with expertise in the education of children 

3 with visual disabilities, including parents, con4 sumer and advocacy organizations, and teachers 

5 of students with visual impairments and others 

6 the State may identify.’’. 

7 SEC. 203. EVALUATIONS. 

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

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

10 the end the following new paragraph: 

11 ‘‘(8) VISUAL DISABILITIES.— 

12 ‘‘(A) IN GENERAL.—In conducting the as13 sessments prescribed in paragraph (3)(B), de14 termination of the need of children with visual 

15 disabilities (including children who may have 

16 additional disabilities) for special education and 

17 related services shall include evaluation of such 

18 children’s unique learning needs, including 

19 needs for instruction which may be needed by 

20 students without disabilities or with other dis21 abilities but which must be specifically de22 signed, modified, or delivered to meet the 

23 unique learning needs of students with visual 

24 disabilities. 


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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 instruction in assistive technology pro5 ficiency (inclusive of low vision devices), self 

6 sufficiency and interaction (including orienta7 tion and mobility, self-determination, sensory 

8 efficiency, socialization, recreation and fitness, 

9 and independent living skills), and age-appro10 priate career education.’’. 

11 SEC. 204. CONSIDERATION OF SPECIAL FACTORS. 

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

13 1414(d)(3)(B)(iii)) is amended by striking the semicolon 

14 and inserting the following: ‘‘and provide instruction meet15 ing the child’s unique learning needs, including instruction 

16 that— 

17 ‘‘(I) may be needed by students 

18 without disabilities or with other dis19 abilities but which shall be specifically 

20 designed, modified, or delivered to 

21 meet the unique learning needs of stu22 dents with visual disabilities; and 

23 ‘‘(II) includes assistive tech24 nology proficiency (inclusive of low vi25 sion devices), self sufficiency and 


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1 interaction (including orientation and 

2 mobility, self-determination, sensory 

3 efficiency, socialization, recreation and 

4 fitness, and independent living skills), 

5 and age appropriate career edu6 cation;’’. 

7 SEC. 205. TECHNICAL ASSISTANCE FOR PARENTS AND EDU8 CATORS OF STUDENTS WITH VISUAL DISABIL9 ITIES. 

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

11 108 of this Act, is further amended by adding at the end 

12 the following: 

13 ‘‘(k) MAINTAINING CURRENT POLICY GUIDANCE FOR

14 PARENTS AND EDUCATORS OF STUDENTS WITH VISUAL

15 DISABILITIES.—The Secretary shall ensure that not later 

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

17 Cogswell and Anne Sullivan Macy Act (and periodically 

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

19 guidance concerning the provision of special education and 

20 related services to students with visual disabilities (last 

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

22 Fed. Reg. 36586)) is reviewed and updated (with par23 ticular attention to explanation of relevant amendments 

24 made by the Alice Cogswell and Anne Sullivan Macy Act 


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

2 Federal Register.’’. 

3 Subtitle B—Anne Sullivan Macy 

4 Center on Visual Disability and 

5 Educational Excellence 

6 SEC. 211. CENTER ESTABLISHMENT AND MISSION. 

7 (a) ESTABLISHMENT.—There is established within 

8 the Department of Education a national program named 

9 the Anne Sullivan Macy Center on Visual Disability and 

10 Educational Excellence (referred to in this subtitle as the 

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

12 activities described in section 213 in furtherance of the 

13 mission described in subsection (b). 

14 (b) MISSION.—The mission of the program estab15 lished in subsection (a) is to better support students with 

16 visual disabilities receiving special education and related 

17 services to learn effectively and live productively and inde18 pendently through— 

19 (1) development and dissemination of curricula, 

20 courses, materials, and methods supporting the con21 tinuing education of personnel qualified under State 

22 law to serve as teachers of students with visual im23 pairments and related services personnel serving 

24 such children; 


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1 (2) support for the establishment of new pro2 grams within institutions of higher education to pre3 pare teachers of students with visual impairments to 

4 serve students with visual disabilities who also have 

5 additional disabilities; 

6 (3) modeling local, regional, and national en7 richment projects open to students with visual dis8 abilities that are intended to supplement State edu9 cational agency and local educational agency provi10 sion of specialized instruction and services meeting 

11 such students’ unique learning needs; and 

12 (4) research identifying, developing, and evalu13 ating valid assessments and effective interventions 

14 measuring and addressing the unique needs of stu15 dents with visual disabilities, including need for in16 struction and services which may be needed by stu17 dents without disabilities or with other disabilities 

18 but which must be specifically designed, modified, or 

19 delivered to meet the unique learning needs of stu20 dents with visual disabilities. At a minimum, such 

21 instruction and services include communication and 

22 productivity (including braille instruction, and as23 sistive technology proficiency inclusive of low vision 

24 devices), self sufficiency and interaction (including 

25 orientation and mobility, self-determination, sensory 


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1 efficiency, socialization, recreation and fitness, and 

2 independent living skills), and age appropriate career 

3 education. 

4 SEC. 212. ADMINISTRATION; ELIGIBILITY; GOVERNANCE; 

5 STRUCTURE. 

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

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

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

9 years in duration) with a consortium of entities described 

10 in subsection (b) which shall, with oversight by the Sec11 retary, have primary responsibility for administering the 

12 program described in this subtitle. The Secretary shall 

13 have ongoing authority to enter into such contracts or co14 operative agreements. 

15 (b) ELIGIBILITY.—The consortium of entities de16 scribed in subsection (a) shall include— 

17 (1) at least two national nonprofit organizations 

18 with demonstrated experience publishing materials, 

19 offering direct professional development opportuni20 ties, and disseminating course curricula supporting 

21 the preparation or continuing education of teachers 

22 of students with visual impairments and related 

23 services personnel; 

24 (2) at least one national nonprofit organization 

25 (which may include a special school serving students 


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1 who are blind) with demonstrated experience directly 

2 serving students with visual disabilities (including 

3 students who may or may not have additional dis4 abilities) through in-person instruction and services 

5 meeting their unique learning needs; 

6 (3) at least one institution of higher education 

7 that— 

8 (A) has consistently maintained for at 

9 least 10 years a program of instruction pre10 paring teachers of students with visual impair11 ments or orientation and mobility instructors; 

12 and 

13 (B) offers a program of doctoral study in 

14 special education; and 

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

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

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

18 (c) GOVERNANCE.—As part of the Secretary’s over19 sight responsibilities, the Secretary shall appoint an advi20 sory board (of no more than 12 individual members who 

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

22 relationship with any of the entities comprising the consor23 tium described in subsection (b)) which shall advise the 

24 Secretary and such consortium of entities with respect to 

25 strategic planning and annual program performance. The 


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1 advisory board shall be comprised of individuals with per2 sonal or professional experience with the needs of students 

3 with visual disabilities and shall include parents of stu4 dents with visual disabilities, administrators of special 

5 education programs, and representatives of national orga6 nizations of individuals who are blind or visually impaired. 

7 The Secretary is authorized to compensate the members 

8 of the advisory board for reasonable expenses incurred for 

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

10 which shall occur no more frequently than three times 

11 within a calendar year. The provisions of the Federal Ad12 visory Committee Act shall not apply to meetings or other 

13 activities of the advisory board. Prior to the appointment 

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

15 consult with such consortium of entities which may also 

16 nominate individuals to the Secretary for advisory board 

17 membership. 

18 (d) STRUCTURE.—The Secretary, as part of the con19 tract or cooperative agreement described in subsection (a), 

20 shall ensure that such contract or cooperative agreement 

21 specifies any and all necessary fiscal and other responsibil22 ities between and among the entities described in sub23 section (b) whom shall propose such responsibilities to the 

24 Secretary in an application for award of such contract or 


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1 cooperative agreement containing such information as the 

2 Secretary may require. 

3 SEC. 213. ACTIVITIES. 

4 Subject to the provisions of this subtitle, the Anne 

5 Sullivan Macy Center on Visual Disability and Edu6 cational Excellence is authorized— 

7 (1) to conduct or fund original quantitative and 

8 qualitative research and publish or otherwise dis9 seminate such research; 

10 (2) to conduct or fund in-person and on-line 

11 continuing education opportunities for teachers of 

12 students with visual impairments and related serv13 ices personnel specifically trained to meet the unique 

14 learning needs of such students, and prepare, pub15 lish, or otherwise disseminate supporting materials; 

16 (3) to conduct or fund in-person or online en17 richment projects for students with visual disabilities 

18 (including those who may also have additional dis19 abilities) to offer direct instruction and services in20 tended to improve the capacity of such students to 

21 learn effectively and live both productively and inde22 pendently for the purpose of— 

23 (A) supplementing the availability of such 

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1 cational agencies and local educational agencies; 

2 and 

3 (B) evaluating, through appropriate quan4 titative and qualitative methods, the effective5 ness of instruction and services offered by such 

6 projects; 

7 (4) to fund, in accordance with regulations oth8 erwise applicable to personnel preparation programs 

9 supported under part D of the Individuals with Dis10 abilities Education Act (20 U.S.C. 1450 et seq.), the 

11 establishment of programs within institutions of 

12 higher education preparing teachers of students with 

13 visual impairments (which have not been previously 

14 funded under such part) to specifically prepare such 

15 teachers to provide expert instruction to students 

16 with visual disabilities who also have additional dis17 abilities; and 

18 (5) to enter into cooperative agreements, con19 tracts, or grants (or other arrangements which may 

20 be permitted by the Secretary) with nonprofit orga21 nizations possessing demonstrable expertise and ex22 perience serving students with visual disabilities or 

23 the professionals trained to work with such students, 

24 institutions of higher education, State educational 

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1 vate specialized schools serving students with visual 

2 disabilities, and consortia of such entities, for the 

3 purpose of carrying out activities authorized in this 

4 subsection that are not otherwise directly conducted, 

5 in whole or in part, by the Anne Sullivan Macy Cen6 ter. 

7 SEC. 214. RELATIONSHIP TO OTHER PROGRAMS AND AC8 TIVITIES. 

9 (a) MAXIMIZING RESOURCES.—No funds made avail10 able pursuant to this subtitle may be used to fund pro11 grams or activities otherwise concurrently funded under 

12 part D of the Individuals with Disabilities Education Act. 

13 (b) COORDINATION OF RESEARCH.—The Secretary 

14 shall ensure that research activities authorized and carried 

15 out pursuant to this title are conducted or funded in co16 ordination as appropriate with the National Center for 

17 Special Education Research and other divisions within the 

18 Department of Education responsible for research activi19 ties. 

20 (c) RELATIONSHIP TO SERVICES OFFERED BY THE

21 AMERICAN PRINTING HOUSE FOR THE BLIND.—Nothing 

22 in this subtitle shall be construed to limit or otherwise con23 dition the use of any funds appropriated pursuant to the 

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

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


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1 and no funds made available pursuant to this subtitle shall 

2 be used by any State educational agency or local edu3 cational agency to supplant the use of funds appropriated 

4 under such Act. 

5 (d) RELATIONSHIP TO FUNDING FOR NATIONAL

6 CENTER ON DEAF-BLINDNESS, STATE DEAF-BLIND

7 PROJECTS, AND THE HELEN KELLER NATIONAL CEN8 TER.—The Secretary shall ensure that any activities con9 ducted or funded by the Anne Sullivan Macy Center di10 rectly serving individuals who are deaf-blind are coordi11 nated as appropriate with the National Center on Deaf12 Blindness, State deaf-blind projects, and the Helen Keller 

13 National Center. No funds made available pursuant to this 

14 title may be used to support or supplant activities that 

15 are otherwise the sole responsibility of the National Center 

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

17 to sections 663(d)(1)(A) and 682(d)(1)(A) of the Individ18 uals with Disabilities Education Act (20 U.S.C. 

19 1463(d)(1)(A); 20 U.S.C. 1482(d)(1)(A)). No funds made 

20 available pursuant to this title may be used to support 

21 activities that are otherwise the sole responsibility of the 

22 Helen Keller National Center or may be used to supplant 

23 funds for such Center. 

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

25 Anne Sullivan Macy Center shall be the property of the 


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1 United States Government, except that entities comprising 

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

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

4 cooperative agreement described in section 212(a), to re5 produce, or author copyrighted derivative works, using 

6 such matter. 

7 SEC. 215. DEFINITIONS. 

8 In this subtitle: 

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

10 higher education’’, ‘‘local educational agency’’, ‘‘re11 lated services’’, ‘‘special education’’, and ‘‘State edu12 cational agency’’ have the meanings given the terms 

13 in section 602 of the Individuals with Disabilities 

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

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

16 the Secretary of Education. 

17 SEC. 216. AUTHORIZATION OF APPROPRIATIONS AND CAR18 RYOVER. 

19 (a) AUTHORIZATION OF APPROPRIATIONS.—To carry 

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

21 be appropriated such sums as may be necessary, provided 

22 that for the fiscal year immediately following the date of 

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

24 the amount appropriated shall be an amount equal to no 

25 less than 0.2 percent of funds appropriated in the previous 


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1 fiscal year for grants to States under part B of the Indi2 viduals with Disabilities Education Act (20 U.S.C. 1411 

3 et seq.). 

4 (b) CARRYOVER.—Funds appropriated pursuant to 

5 subsection (a) that have not been expended during the fis6 cal year for which they were appropriated shall remain 

7 available in the subsequent fiscal year, provided that no 

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

9 may be so carried over. 

10 TITLE III—IMPROVING THE EF11 FECTIVENESS OF SPECIAL 

12 EDUCATION AND RELATED 

13 SERVICES FOR CHILDREN 

14 AND YOUTH WHO ARE DEAF15 BLIND 

16 Subtitle A—General Provisions 

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

18 (a) SERVING ALL CHILDREN WITH DEAF-BLIND19 NESS REGARDLESS OF CLASSIFICATION.—Section 

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

21 101 and 201 of this Act, is further amended by adding 

22 at the end the following: 

23 ‘‘(E) SERVING CHILDREN WITH DEAF24 BLINDNESS.—When a State classifies children 

25 by disability, the State, in complying with this 


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1 subsection, identifies, locates and evaluates chil2 dren with concomitant vision and hearing losses 

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

4 category other than deaf-blindness, meaning 

5 concomitant hearing and visual impairments, 

6 the combination of which causes severe commu7 nication and other developmental and edu8 cational needs that adversely affect a child’s 

9 educational performance (and including children 

10 who are deaf-blind with additional disabilities), 

11 and provides (without prejudice to such classi12 fication) special education and related services 

13 to such children, including such services deter14 mined appropriate based on proper evaluation 

15 as would be provided to children classified in 

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

17 (b) DATA COLLECTION AND REPORTING.—Section 

18 618 (20 U.S.C. 1418), as amended by sections 101 and 

19 201 of this Act, is further amended by adding at the end 

20 the following: 

21 ‘‘(g) ACCOUNTING FOR CHILDREN WITH DEAF22 BLINDNESS.—In addition to the data collection and re23 porting requirements of subsections (a) through (d) and 

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

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


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1 disability category other than deaf-blindness, include the 

2 number and percentage of such children in each disability 

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

4 (c) CHILD WITH A DISABILITY.—Section 

5 602(3)(A)(i) (20 U.S.C. 1401(3)(A)(i)) is amended by in6 serting ‘‘deaf-blindness,’’ after ‘‘visual impairments (in7 cluding blindness),’’. 

8 SEC. 302. RELATED SERVICES. 

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

10 amended— 

11 (1) by striking ‘‘and medical services’’ and in12 serting ‘‘, medical services’’; and 

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

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

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

16 evaluation purposes only’’. 

17 SEC. 303. STATE PLANS. 

18 Section 612 (20 U.S.C. 1412), as amended by sec19 tions 102 and 202 of this Act, is further amended by add20 ing at the end the following: 

21 ‘‘(i) ADDENDUM CONCERNING CHILDREN WHO ARE

22 DEAF-BLIND.— 

23 ‘‘(1) IN GENERAL.—Notwithstanding the provi24 sions of subsection (c), a State shall not be consid25 ered in compliance with this section unless, not later 


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1 than two years after the date of the enactment of 

2 the Alice Cogswell and Anne Sullivan Macy Act, the 

3 State files with the Secretary a written addendum to 

4 the plan required by this section describing how the 

5 State ensures that— 

6 ‘‘(A) children with deaf-blindness (regard7 less of the State’s use of disability categories or 

8 the extent to which children with deaf-blindness 

9 may be classified in disability categories other 

10 than deaf-blindness) are evaluated by qualified 

11 professionals including teachers of deaf-blind, 

12 using valid and reliable assessments, for such 

13 children’s need for instruction and services 

14 meeting their unique language and communica15 tion, literacy, academic, social, and related 

16 learning needs, including instruction which may 

17 be needed by children without disabilities or 

18 with other disabilities but which must be spe19 cifically designed, modified, or delivered to meet 

20 the unique language and communication, aca21 demic, and related learning needs of children 

22 with deaf-blindness; 

23 ‘‘(B) there is sufficient availability of per24 sonnel, including teachers of the deaf-blind and 

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1 vide the evaluation, instruction, and services de2 scribed in subparagraph (A) to all children 

3 within the State requiring such instruction; and 

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

5 the State who need special education and re6 lated services, whether or not such children 

7 have other disabilities, receive such instruction 

8 and are not being served solely in accordance 

9 with section 504 of the Rehabilitation Act of 

10 1973 (29 U.S.C. 794). 

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

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

13 ‘‘(A) specifically address how the State 

14 meets the needs of children with deaf-blindness 

15 to support ongoing progress in language devel16 opment and in the child’s preferred mode of 

17 communication, and including the provision of 

18 school-related opportunities for direct commu19 nications with peers and professional personnel 

20 in the child’s preferred mode of communication 

21 and opportunities for direct instruction in (but 

22 not limited to) concept development, functional 

23 skills for academic success, self-determination 

24 and advocacy, social-emotional skills, visual and 

25 auditory sensory efficiency skills, orientation 


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1 and mobility, assistive technology proficiency, 

2 independent living skills, age-appropriate career 

3 education, and support for the student through 

4 family education; and 

5 ‘‘(B) consult with individuals and organiza6 tions with expertise in the education of children 

7 with deaf-blindness including parents, con8 sumers, advocacy organizations, national and 

9 State organizations focused on deaf-blindness, 

10 and others the State may identify.’’. 

11 SEC. 304. EVALUATIONS. 

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

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

14 adding at the end the following: 

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

16 ‘‘(A) IN GENERAL.—In conducting the as17 sessments prescribed in paragraph (3)(B), chil18 dren who are deaf-blind (including children who 

19 may have additional disabilities) shall be evalu20 ated on language and communication pro21 ficiency levels, including expressive, receptive, 

22 and pragmatic skills, and ability to access grade 

23 level content in the child’s preferred mode of 

24 communication, including non-symbolic and 

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1 guage. Qualified personnel trained in deaf2 blindness, who communicate in the child’s pre3 ferred mode of communication, shall be actively 

4 involved in assessments and evaluations. Also, 

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

6 (8)(A) shall apply to children with deaf-blind7 ness. 

8 ‘‘(B) CONTENT OF EVALUATIONS.—The 

9 evaluations described in subparagraph (A) shall, 

10 at a minimum, include evaluations assessing the 

11 need for services and supports to assist children 

12 who are deaf-blind in developing and maintain13 ing language and communication skills in their 

14 preferred mode of communication, including 

15 non-symbolic and symbolic communication and 

16 tactile sign language. Other areas of evaluation 

17 for children who are deaf-blind shall include 

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

19 SEC. 305. CONSIDERATION OF SPECIAL FACTORS. 

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

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

22 amended— 

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

24 and 

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


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1 ‘‘(v) in the case of a child who is deaf2 blind, provide for the child’s language and 

3 communication needs, including, but not 

4 limited to, tactile sign language, tactile and 

5 visual adaptations to sign and 

6 fingerspelling, and object and tangible 

7 symbol systems and apply the require8 ments included in sections 

9 614(d)(3)(B)(iii) and 614(d)(3)(B)(iv) to 

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

11 SEC. 306. TECHNICAL ASSISTANCE FOR PARENTS AND EDU12 CATORS OF CHILDREN WHO ARE DEAF13 BLIND. 

14 Section 616 (20 U.S.C. 1416), as amended by sec15 tions 108 and 205 of this Act, is further amended by add16 ing at the end the following: 

17 ‘‘(l) DEVELOPING POLICY GUIDANCE FOR PARENTS

18 AND EDUCATORS OF CHILDREN WITH DEAF-BLIND19 NESS.—The Secretary shall ensure that not later than one 

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

21 and Anne Sullivan Macy Act policy guidance concerning 

22 the provision of special education and related services to 

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

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

25 with particular attention to explanation of relevant amendVerDate Sep 11 2014 20:48 Nov 08, 2017 Jkt 079200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S2087.IS S2087

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1 ments to this Act or to its implementing regulations, and 

2 is published in the Federal Register.’’. 

3 SEC. 307. CONFORMING REGULATIONS. 

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

5 at the end the following: 

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

7 enactment of the Alice Cogswell and Anne Sullivan Macy 

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

9 regulations that provide definitions for ‘deaf-blindness’ 

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

11 Subtitle B—Improving the Effec12 tiveness of Early Intervention 

13 for Infants and Toddlers With 

14 Deaf-Blindness and Their Fami15 lies 

16 SEC. 311. CONTENT OF PLAN. 

17 Section 636(d)(3) (20 U.S.C. 1436(d)(3)), as amend18 ed by section 113, is further amended by adding at the 

19 end the following: 

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

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

22 language and communication assessment that 

23 will be provided to the child, language and com24 munication development goals commensurate 

25 with the child’s cognitive abilities, the language 


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1 and communication access that will be provided, 

2 including ongoing opportunities for direct lan3 guage learning and communication access to 

4 peers, early intervention service providers, and 

5 other professional personnel trained in the 

6 child’s preferred mode of communication, and 

7 the support and instruction that will be pro8 vided to families to learn and support the 

9 child’s language and communication mode and 

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

11 Subtitle C—National Activities To 

12 Improve the Education of Chil13 dren With Disabilities 

14 SEC. 321. PERSONNEL DEVELOPMENT TO IMPROVE SERV15 ICES AND RESULTS FOR CHILDREN WITH DIS16 ABILITIES; ENSURING SUFFICIENT TEACH17 ERS OF THE DEAF-BLIND AND EARLY INTER18 VENTION SPECIALISTS. 

19 Section 662(c)(2) (20 U.S.C. 1462(c)(2)), as amend20 ed by section 121, is further amended— 

21 (1) by redesignating subparagraphs (G) and 

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

23 (2) by inserting after subparagraph (F) the fol24 lowing: 


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1 ‘‘(G) Preparing personnel to be qualified 

2 teachers of the deaf-blind and early intervention 

3 specialists, to assist children with deaf-blindness 

4 in schools and school related activities, as well 

5 as toddlers and preschool children with deaf6 blindness in early intervention and preschool 

7 programs, to develop communication and lit8 eracy skills, and to access, organize, and utilize 

9 information about the environment and acquire 

10 concepts essential for learning. 

11 ‘‘(H) Preparing personnel to be qualified 

12 interveners as individualized supports to assist 

13 children with deaf-blindness in school and 

14 school related activities, and infants and tod15 dlers and preschool children with deaf-blindness 

16 in early intervention and preschool programs.’’. 

Æ 


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