I 

115TH CONGRESS 

1ST SESSION H. R. 1120 

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 HOUSE OF REPRESENTATIVES 

FEBRUARY 16, 2017 

Mr. CARTWRIGHT (for himself, Mr. AGUILAR, Mr. CROWLEY, Mr. CUMMINGS, 

Mr. DELANEY, Mr. MICHAEL F. DOYLE of Pennsylvania, Mr. MCKINLEY, 

Ms. MENG, Mrs. NAPOLITANO, Mr. RYAN of Ohio, Ms. SCHAKOWSKY, 

Mr. SWALWELL of California, Mr. TAKANO, Mr. THOMPSON of Pennsylvania, Mr. THOMPSON of California, and Ms. TSONGAS) introduced the 

following bill; which was referred to the Committee on Education and the 

Workforce 

A BILL 

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

26 and have access to educational placements that recVerDate Sep 11 2014 18:43 Feb 24, 2017 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1120.IH H1120

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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 18:43 Feb 24, 2017 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1120.IH H1120

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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 U.S. Depart8 ment of Education’s position since 1992 that ‘‘[a]ny 

9 educational setting that does not meet the commu10 nication and related needs of a child who is deaf 

11 does not allow for the provision of [a Free Appro12 priate Public Education] and cannot be considered 

13 the [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 Individuals 

6 with Disabilities Education Act’s disability cat7 egories has led to a sizable undercount of students 

8 with sensory disabilities and, consequently, a lack of 

9 recognition of the extent of the systemic need for the 

10 delivery of appropriate instructional services meeting 

11 their unique needs. This occurs in large measure be12 cause students with sensory disabilities who also 

13 have additional disabilities are frequently formally 

14 classified as having multiple disabilities. Con15 sequently, their vision, hearing, or concomitant vi16 sion 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 at 

24 the end by adding 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 subsection (a), identifies, locates 

5 and evaluates children who are deaf or hard of 

6 hearing who are, or may be, classified in a dis7 ability category other than hearing impairment 

8 and provides (without prejudice to such classi9 fication) special education and related services 

10 to such children, including such services deter11 mined appropriate based on proper evaluation 

12 as would be provided to children classified in 

13 the State as deaf or hard of hearing.’’. 

14 (b) DATA COLLECTION AND REPORTING.—Section 

15 618 (20 U.S.C. 1418) is amended by adding at the end 

16 the following: 

17 ‘‘(e) ACCOUNTING FOR DEAF AND HARD OF HEAR18 ING STUDENTS.—In addition to the data collection and 

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

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

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

22 disability category other than hearing impairment or deaf23 ness, include the number and percentage of such children 

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

25 hearing.’’. 


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1 (c) CHILD WITH A DISABILITY.—Section 

2 602(3)(A)(i) (20 U.S.C. 1401(3)(A)(i)) is amended by 

3 striking ‘‘hearing impairments (including deafness), 

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

5 with speech’’. 

6 SEC. 102. STATE PLANS. 

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

8 at the end the following: 

9 ‘‘(g) ADDENDUM CONCERNING STUDENTS WHO ARE

10 DEAF OR HARD OF HEARING.— 

11 ‘‘(1) IN GENERAL.—Notwithstanding the provi12 sions of subsection (c), a State shall not be deemed 

13 in compliance with this section unless, not later than 

14 two years after the date of the enactment of the 

15 Alice Cogswell and Anne Sullivan Macy Act, the 

16 State files with the Secretary a written addendum to 

17 the plan required by this section describing how the 

18 State ensures that— 

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

20 hearing (regardless of the State’s use of dis21 ability categories or the extent to which deaf or 

22 hard of hearing children may be classified in 

23 disability categories other than hearing impair24 ment or deafness) are evaluated by qualified 

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1 ments, for such children’s need for instruction 

2 and services meeting their unique language and 

3 communication, literacy, academic, social and 

4 related learning needs, including instruction 

5 which may be needed by children without dis6 abilities or with other disabilities but which 

7 must be specifically designed, modified, or deliv8 ered to meet the unique language and commu9 nication and academic and related learning 

10 needs of children who are deaf or hard of hear11 ing; 

12 ‘‘(B) there is sufficient availability of per13 sonnel within the State qualified to provide the 

14 evaluation and instruction described in subpara15 graph (A) to all children within the State re16 quiring such instruction; and 

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

18 hearing within the State who need special edu19 cation and related services, whether or not such 

20 children have other disabilities, receive such in21 struction and are not being served solely in ac22 cordance with section 504 of the Rehabilitation 

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

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

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


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1 ‘‘(A) specifically address how the State 

2 meets the needs of deaf and hard of hearing 

3 students to support appropriate, measurable 

4 progress in language development, including 

5 American Sign Language and spoken English 

6 with or without visual supports, and including 

7 the provision of school-related opportunities for 

8 direct communications with peers and profes9 sional personnel in the child’s language and op10 portunities for direct instruction in the child’s 

11 language, as well as instruction in audiology, 

12 age appropriate career education, communica13 tion and language, social skills, functional skills 

14 for academic success, self-determination and ad15 vocacy (including preparation for transition to 

16 work or higher education), social emotional 

17 skills, technology, and support for the student 

18 through family education; and 

19 ‘‘(B) consult with individuals and organiza20 tions with expertise in the education of children 

21 who are deaf or hard of hearing, including par22 ents, schools for the deaf, consumer and advo23 cacy organizations, State commissions of the 

24 deaf, researchers, teachers of students who are 


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1 deaf or hard of hearing, and others the State 

2 may identify.’’. 

3 SEC. 103. EVALUATIONS. 

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

5 adding at the end the following: 

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

7 HEARING.— 

8 ‘‘(A) IN GENERAL.—In conducting the as9 sessments prescribed in paragraph (3)(B), chil10 dren who are deaf or hard of hearing (including 

11 children who may have additional disabilities) 

12 shall be evaluated on language and communica13 tion proficiency levels, including expressive, re14 ceptive, and pragmatic skills, and ability to ac15 cess grade level content in the student’s pri16 mary language, including American Sign Lan17 guage and spoken English with or without vis18 ual supports or hearing assistance technology, 

19 and written English. Determination of the need 

20 for special education and related services shall 

21 include evaluation of such children’s unique 

22 learning needs, including needs for direct com23 munication, without an intermediary such as an 

24 interpreter, with peers and professionals in the 

25 child’s primary language, including American 


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1 Sign Language and spoken English with or 

2 without visual supports, and instruction which 

3 may be needed by students without disabilities 

4 or with other disabilities but which must be spe5 cifically designed, modified, or delivered to meet 

6 the unique learning needs of students who are 

7 deaf or hard of hearing. 

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 settings to assist the child 

12 in developing or maintaining age appropriate 

13 language and communication levels in the stu14 dent’s primary language, including American 

15 Sign Language and spoken English with or 

16 without visual supports, social development, lit17 eracy instruction, instruction in assistive tech18 nology proficiency, self sufficiency and inter19 action self-determination, socialization, recre20 ation and fitness, and independent living skills, 

21 and age appropriate career education.’’. 

22 SEC. 104. INDIVIDUALIZED EDUCATION PROGRAM TEAM. 

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

24 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, instruction which may be 

13 needed by students without disabilities 

14 or with other disabilities but which 

15 must be specifically designed, modi16 fied, or delivered to meet the unique 

17 learning needs of students who are 

18 deaf or hard of hearing. Such instruc19 tion includes assistive technology pro20 ficiency; 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 sections 

8 612(a)(3), 612(a)(5), 614(b), and clauses (iii) and 

9 (iv) of section 614(d)(3)(B), as such sections are 

10 amended by the Alice Cogswell and Anne Sullivan 

11 Macy Act, and shall regularly report findings to the 

12 Congress.’’. 

13 SEC. 107. CONTINUUM OF SERVICE DELIVERY OPTIONS. 

14 (a) ENSURING CONTINUUM AVAILABILITY.—Section 

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

16 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 source room or itinerant instruction) to be pro2 vided in conjunction with regular class place3 ment.’’. 

4 (b) MAINTENANCE OF SPECIALIZED SERVICES AND

5 SETTINGS FOR STUDENTS WITH SENSORY DISABIL6 ITIES.—Section 612(a)(18) (20 U.S.C. 1412(a)(18)) is 

7 amended by adding at the end the following: 

8 ‘‘(E) MAINTAINING A CONTINUUM OF

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

10 special school serving children who are blind or 

11 a special school serving children who are deaf 

12 (or the consolidation or merger of such school 

13 with another school), shall be considered a re14 duction of the State’s financial support for spe15 cial education and related services within the 

16 meaning of subparagraph (A).’’. 

17 SEC. 108. TECHNICAL ASSISTANCE FOR PARENTS AND EDU18 CATORS OF STUDENTS WHO ARE DEAF OR 

19 HARD OF HEARING. 

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

21 at the end the following: 

22 ‘‘(j) MAINTAINING CURRENT DEAF STUDENTS EDU23 CATION SERVICE POLICY GUIDANCE.—The Secretary 

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

25 of the enactment of the Alice Cogswell and Anne Sullivan 


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1 Macy Act (and periodically thereafter but at least within 

2 five-year intervals), policy guidance concerning the provi3 sion of special education and related services to deaf and 

4 hard of hearing students (published in the Federal Reg5 ister on October 26, 1992) is reviewed and updated (with 

6 particular attention to explanation of relevant amend7 ments to this Act or to its implementing regulations) and 

8 is published in the Federal Register.’’. 

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 natural environments, including 

3 the home, and community settings in which 

4 children without disabilities participate. For in5 fants and toddlers with sensory disabilities, 

6 such as deafness, blindness, or deaf-blindness, 

7 the natural environment shall include— 

8 ‘‘(i) specialized schools, centers, and 

9 other programs where the child’s language, 

10 including American Sign Language and 

11 spoken English with or without visual sup12 ports, is the primary language and mode of 

13 communication; or 

14 ‘‘(ii) any other environment where 

15 services meeting unique needs are avail16 able; and’’. 

17 SEC. 113. CONTENT OF PLAN. 

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

19 by striking the semicolon at the end and inserting the fol20 lowing: ‘‘and, in the case of an infant or toddler who is 

21 deaf or hard of hearing, a statement of the ongoing lan22 guage and communication assessment that will be pro23 vided to the child, language and communication develop24 ment goals commensurate with the child’s cognitive abili25 ties, the language and communication access that will be 


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1 provided, including ongoing opportunities for direct lan2 guage learning and communication access to peers, early 

3 intervention service providers, and other professional per4 sonnel in the child’s language, including American Sign 

5 Language and spoken English with or without visual sup6 ports, and the support and instruction that will be pro7 vided to families to learn and support the child’s language 

8 and communication mode;’’. 

9 Subtitle C—National Activities To 

10 Improve Education of Children 

11 With Disabilities 

12 SEC. 121. PERSONNEL DEVELOPMENT TO IMPROVE SERV13 ICES AND RESULTS FOR CHILDREN WITH DIS14 ABILITIES. 

15 (a) LICENSING OF EDUCATIONAL INTERPRETERS.— 

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

17 amended to read as follows: 

18 ‘‘(E) Preparing personnel to be qualified 

19 educational interpreters, as licensed by the ap20 propriate licensing body, to assist children with 

21 low incidence disabilities, particularly deaf and 

22 hard of hearing children, in school and school 

23 related activities, and deaf and hard of hearing 

24 infants and toddlers and preschool children in 

25 early intervention and preschool programs.’’. 


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1 (b) ENSURING SUFFICIENT TEACHERS OF THE DEAF

2 AND EARLY INTERVENTION SPECIALISTS.—Section 

3 662(c)(2) (20 U.S.C. 1462(c)(2)) is amended— 

4 (1) by redesignating subparagraphs (F) and 

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

6 (2) by inserting after subparagraph (E) the fol7 lowing: 

8 ‘‘(F) Preparing personnel to be qualified 

9 teachers of the deaf and early intervention spe10 cialists, to assist children with low incidence 

11 disabilities, particularly deaf and hard of hear12 ing children, to develop age appropriate lan13 guage, including American Sign Language and 

14 spoken English with or without visual supports, 

15 and age appropriate literacy skills in school and 

16 school related activities, and deaf and hard of 

17 hearing infants and toddlers and preschool chil18 dren in early intervention and preschool pro19 grams.’’. 


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1 TITLE II—IMPROVING THE EF2 FECTIVENESS OF SPECIAL 

3 EDUCATION AND RELATED 

4 SERVICES FOR STUDENTS 

5 WITH VISUAL DISABILITIES 

6 Subtitle A—General Provisions 

7 SEC. 201. IDENTIFYING STUDENTS WITH VISUAL DISABIL8 ITIES. 

9 (a) SERVING ALL CHILDREN WITH VISUAL DISABIL10 ITIES REGARDLESS OF CLASSIFICATION.—Section 

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

12 101 of this Act, is further amended at the end by adding 

13 the following: 

14 ‘‘(D) SERVING CHILDREN WITH VISUAL

15 DISABILITIES.—When a State classifies children 

16 by disability, the State, in complying with sub17 section (a), identifies, locates and evaluates 

18 children with visual disabilities who are, or may 

19 be, classified in a disability category other than 

20 blindness and provides (without prejudice to 

21 such classification) special education and re22 lated services to such children, including such 

23 services determined appropriate based on prop24 er evaluation as would be provided to children 

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


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1 (b) DATA COLLECTION AND REPORTING.—Section 

2 618 (20 U.S.C. 1418), as amended by section 101 of this 

3 Act, is further amended by adding at the end the fol4 lowing: 

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

6 addition to the data collection and reporting requirements 

7 of subsections (a) through (d) and subject to such provi8 sions, the State and the Secretary of the Interior shall, 

9 with respect to children classified in a disability category 

10 other than blindness, include the number and percentage 

11 of such children in each disability category who are also 

12 blind or otherwise have visual disabilities.’’. 

13 SEC. 202. STATE PLANS. 

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

15 102 of this Act, is further amended at the end by adding 

16 the following: 

17 ‘‘(h) ADDENDUM CONCERNING STUDENTS WITH

18 VISUAL DISABILITIES.— 

19 ‘‘(1) IN GENERAL.—Notwithstanding the provi20 sions of subsection (c), a State shall not be deemed 

21 in compliance with this section unless, not later than 

22 2 years after the date of the enactment of the Alice 

23 Cogswell and Anne Sullivan Macy Act, the State 

24 files with the Secretary a written addendum to the 


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1 plan required by this section describing how the 

2 State ensures that— 

3 ‘‘(A) children with visual disabilities (re4 gardless of the State’s use of disability cat5 egories or the extent to which children with vis6 ual disabilities may be classified in disability 

7 categories other than blindness) are evaluated 

8 for such children’s need for instruction and 

9 services meeting their unique academic and re10 lated learning needs, including instruction 

11 which may be needed by children without dis12 abilities or with other disabilities but which 

13 must be specifically designed, modified, or deliv14 ered to meet the unique academic and related 

15 learning needs of children with visual disabil16 ities; 

17 ‘‘(B) there is sufficient availability of per18 sonnel within the State qualified to provide the 

19 instruction described in subparagraph (A) to all 

20 children within the State requiring such in21 struction; and 

22 ‘‘(C) all children with visual disabilities 

23 within the State who need special education and 

24 related services, whether or not such children 

25 have other disabilities, receive such instruction 


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1 and are not being served solely in accordance 

2 with section 504 of the Rehabilitation Act of 

3 1973 (29 U.S.C. 794). 

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

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

6 ‘‘(A) specifically address how the State 

7 meets the needs of students with visual disabil8 ities for instruction in communication and pro9 ductivity (including Braille instruction and as10 sistive technology proficiency); self sufficiency 

11 and interaction (including orientation and mo12 bility, self-determination, sensory efficiency, so13 cialization, recreation and fitness, and inde14 pendent living skills); and age appropriate ca15 reer education; 

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

17 within the State to properly evaluate students’ 

18 need for low vision devices and the process by 

19 which such devices will be provided to each stu20 dent for whom such devices are determined ap21 propriate by the IEP team; and 

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

24 with visual disabilities, including parents, con25 sumer and advocacy organizations, and teachers 


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1 of students with visual impairments and others 

2 the State may identify.’’. 

3 SEC. 203. EVALUATIONS. 

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

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

6 the end the following new paragraph: 

7 ‘‘(8) VISUAL DISABILITIES.— 

8 ‘‘(A) IN GENERAL.—In conducting the as9 sessments prescribed in paragraph (3)(B), de10 termination of the need of children with visual 

11 disabilities (including children who may have 

12 additional disabilities) for special education and 

13 related services shall include evaluation of such 

14 children’s unique learning needs, including 

15 needs for instruction which may be needed by 

16 students without disabilities or with other dis17 abilities but which must be specifically de18 signed, modified, or delivered to meet the 

19 unique learning needs of students with visual 

20 disabilities. 

21 ‘‘(B) CONTENT OF EVALUATIONS.—The 

22 evaluations described in subparagraph (A) shall, 

23 at a minimum, include evaluations assessing the 

24 need for instruction in assistive technology pro25 ficiency (inclusive of low vision devices), self 


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1 sufficiency and interaction (including orienta2 tion and mobility, self-determination, sensory 

3 efficiency, socialization, recreation and fitness, 

4 and independent living skills), and age-appro5 priate career education.’’. 

6 SEC. 204. CONSIDERATION OF SPECIAL FACTORS. 

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

8 1414(d)(3)(B)(iii)) is amended by striking the semicolon 

9 and inserting the following: ‘‘and provide instruction meet10 ing the child’s unique learning needs, including instruction 

11 which may be needed by students without disabilities or 

12 with other disabilities but which must be specifically de13 signed, modified, or delivered to meet the unique learning 

14 needs of students with visual disabilities. Such instruction 

15 includes assistive technology proficiency (inclusive of low 

16 vision devices); self sufficiency and interaction (including 

17 orientation and mobility, self-determination, sensory effi18 ciency, socialization, recreation and fitness, and inde19 pendent living skills); and age appropriate career edu20 cation;’’. 


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1 SEC. 205. TECHNICAL ASSISTANCE FOR PARENTS AND EDU2 CATORS OF STUDENTS WITH VISUAL DISABIL3 ITIES. 

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

5 108 of this Act, is further amended by adding at the end 

6 the following: 

7 ‘‘(k) MAINTAINING CURRENT POLICY GUIDANCE FOR

8 PARENTS AND EDUCATORS OF STUDENTS WITH VISUAL

9 DISABILITIES.—The Secretary shall ensure that not later 

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

11 Cogswell and Anne Sullivan Macy Act (and periodically 

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

13 guidance concerning the provision of special education and 

14 related services to students with visual disabilities (last 

15 published in the Federal Register on June 8, 2000) is re16 viewed and updated (with particular attention to expla17 nation of relevant amendments to the Alice Cogswell and 

18 Anne Sullivan Macy Act or to its implementing regula19 tions) and is published in the Federal Register.’’. 

20 Subtitle B—Anne Sullivan Macy 

21 Center on Visual Disability and 

22 Educational Excellence 

23 SEC. 211. CENTER ESTABLISHMENT AND MISSION. 

24 (a) ESTABLISHMENT.—There is established within 

25 the Department of Education a national program named 

26 the Anne Sullivan Macy Center on Visual Disability and 


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1 Educational Excellence which shall carry out the activities 

2 described in section 213 in furtherance of the mission de3 scribed in subsection (b). 

4 (b) MISSION.—The mission of the program estab5 lished in subsection (a) is to better support students with 

6 visual disabilities receiving special education and related 

7 services to learn effectively and live productively and inde8 pendently through— 

9 (1) development and dissemination of curricula, 

10 courses, materials, and methods supporting the con11 tinuing education of personnel qualified under State 

12 law to serve as teachers of students with visual im13 pairments and related services personnel serving 

14 such children; 

15 (2) support for the establishment of new pro16 grams within institutions of higher education to pre17 pare teachers of students with visual impairments to 

18 serve students with visual disabilities who also have 

19 additional disabilities; 

20 (3) model local, regional, and national enrich21 ment projects open to students with visual disabil22 ities intended to supplement State and local edu23 cational agency provision of specialized instruction 

24 and services meeting such students’ unique learning 

25 needs; and 


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1 (4) research identifying, developing, and evalu2 ating valid assessments and effective interventions 

3 measuring and addressing the unique needs of stu4 dents with visual disabilities, including need for in5 struction and services which may be needed by stu6 dents without disabilities or with other disabilities 

7 but which must be specifically designed, modified, or 

8 delivered to meet the unique learning needs of stu9 dents with visual disabilities. At a minimum, such 

10 instruction and services include communication and 

11 productivity (including braille instruction, and as12 sistive technology proficiency inclusive of low vision 

13 devices); self sufficiency and interaction (including 

14 orientation and mobility, self-determination, sensory 

15 efficiency, socialization, recreation and fitness, and 

16 independent living skills); and age appropriate career 

17 education. 

18 SEC. 212. ADMINISTRATION; ELIGIBILITY; GOVERNANCE; 

19 STRUCTURE. 

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

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

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

23 years in duration) with a consortium of entities described 

24 in subsection (b) which shall, with oversight by the Sec25 retary, have primary responsibility for administering the 


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1 program described in this subtitle. The Secretary shall 

2 have ongoing authority to enter into such contracts or co3 operative agreements. 

4 (b) ELIGIBILITY.—The consortium of entities de5 scribed in subsection (a) shall include— 

6 (1) at least two national nonprofit organizations 

7 with demonstrated experience publishing materials, 

8 offering direct professional development opportuni9 ties, and disseminating course curricula supporting 

10 the preparation or continuing education of teachers 

11 of students with visual impairments and related 

12 services personnel; 

13 (2) at least one national nonprofit organization 

14 (which may include a special school serving students 

15 who are blind) with demonstrated experience directly 

16 serving students with visual disabilities (including 

17 students who may or may not have additional dis18 abilities) through in-person instruction and services 

19 meeting their unique learning needs; 

20 (3) at least one institution of higher education 

21 that— 

22 (A) has consistently maintained for at 

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1 ments or orientation and mobility instructors; 

2 and 

3 (B) offers a program of doctoral study in 

4 special education; and 

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

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

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

8 (c) GOVERNANCE.—As part of the Secretary’s over9 sight responsibilities, the Secretary shall appoint an advi10 sory board (of no more than 12 individual members who 

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

12 relationship with any of the entities comprising the consor13 tium described in subsection (b)) which shall advise the 

14 Secretary and such consortium of entities with respect to 

15 strategic planning and annual program performance. The 

16 advisory board shall be comprised of individuals with per17 sonal or professional experience with the needs of students 

18 with visual disabilities and shall include parents of stu19 dents with visual disabilities, administrators of special 

20 education programs, and representatives of national orga21 nizations of individuals who are blind or visually impaired. 

22 The Secretary is authorized to compensate the members 

23 of the advisory board for reasonable expenses incurred for 

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

25 which shall occur no more frequently than three times 


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1 within a calendar year. The provisions of the Federal Ad2 visory Committee Act shall not apply to meetings or other 

3 activities of the advisory board. Prior to the appointment 

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

5 consult with such consortium of entities which may also 

6 nominate individuals to the Secretary for advisory board 

7 membership. 

8 (d) STRUCTURE.—The Secretary, as part of the con9 tract or cooperative agreement described in subsection (a), 

10 shall ensure that such contract or cooperative agreement 

11 specifies any and all necessary fiscal and other responsibil12 ities between and among the entities described in sub13 section (b) whom shall propose such responsibilities to the 

14 Secretary in an application for award of such contract or 

15 cooperative agreement containing such information as the 

16 Secretary may require. 

17 SEC. 213. ACTIVITIES. 

18 Subject to the provisions of this subtitle, the Anne 

19 Sullivan Macy Center on Visual Disability and Edu20 cational Excellence is authorized— 

21 (1) to conduct or fund original quantitative and 

22 qualitative research and publish or otherwise dis23 seminate such research; 

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

25 continuing education opportunities for teachers of 


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1 students with visual impairments and related serv2 ices personnel specifically trained to meet the unique 

3 learning needs of such students, and prepare, pub4 lish or otherwise disseminate supporting materials; 

5 (3) to conduct or fund in-person or online en6 richment projects for students with visual disabilities 

7 (including those who may also have additional dis8 abilities) to offer direct instruction and services in9 tended to improve the capacity of such students to 

10 learn effectively and live both productively and inde11 pendently for the purpose of— 

12 (A) supplementing the availability of such 

13 instruction and services offered by State and 

14 local educational agencies; and 

15 (B) evaluating, through appropriate quan16 titative and qualitative methods, the effective17 ness of instruction and services offered by such 

18 projects; 

19 (4) to fund, in accordance with regulations oth20 erwise applicable to personnel preparation programs 

21 supported under part D of the Individuals with Dis22 abilities Education Act (20 U.S.C. 1450 et seq.), the 

23 establishment of programs within institutions of 

24 higher education preparing teachers of students with 

25 visual impairments (which have not been previously 


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1 funded under such part) to specifically prepare such 

2 teachers to provide expert instruction to students 

3 with visual disabilities who also have additional dis4 abilities; and 

5 (5) enter into cooperative agreements, con6 tracts, grants (or other arrangements which may be 

7 permitted by the Secretary) with nonprofit organiza8 tions possessing demonstrable expertise and experi9 ence serving students with visual disabilities or the 

10 professionals trained to work with such students, in11 stitutions of higher education, State and local edu12 cational agencies, public and private specialized 

13 schools serving students with visual disabilities, and 

14 consortia of such entities, for the purpose of car15 rying out activities authorized in this subsection that 

16 are not otherwise directly conducted, in whole or in 

17 part, by the Anne Sullivan Macy Center. 

18 SEC. 214. AUTHORIZATION OF APPROPRIATIONS AND CAR19 RYOVER. 

20 (a) AUTHORIZATION OF APPROPRIATIONS.—To carry 

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

22 be appropriated such sums as may be necessary, provided 

23 that for fiscal year 2017 and for each succeeding fiscal 

24 year, the amount appropriated shall be an amount equal 

25 to no less than 0.2 percent of funds appropriated in the 


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1 previous fiscal year for grants to States under part B of 

2 the Individuals with Disabilities Education Act. 

3 (b) CARRYOVER.—Funds appropriated pursuant to 

4 subsection (a) that have not been expended during the fis5 cal year for which they were appropriated shall remain 

6 available in the subsequent fiscal year, provided that no 

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

8 may be so carried over. 

9 SEC. 215. RELATIONSHIP TO OTHER PROGRAMS AND AC10 TIVITIES. 

11 (a) MAXIMIZING RESOURCES.—No funds made avail12 able pursuant to subtitle may be used to fund programs 

13 or activities otherwise concurrently funded under parts D 

14 and E of the Individuals with Disabilities Education Act. 

15 (b) COORDINATION OF RESEARCH.—The Secretary 

16 shall ensure that research activities authorized and carried 

17 out pursuant to this title are conducted or funded in co18 ordination as appropriate with the National Center for 

19 Special Education Research and other divisions within the 

20 Department of Education responsible for research activi21 ties. 

22 (c) RELATIONSHIP TO SERVICES OFFERED BY THE

23 AMERICAN PRINTING HOUSE FOR THE BLIND.—Nothing 

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1 ter 6 of title 20, United States Code, and no funds made 

2 available pursuant to this subtitle shall be used by any 

3 State or local educational agency to supplant the use of 

4 funds appropriated under such chapter. 

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 TITLE III—IMPROVING THE EF8 FECTIVENESS OF SPECIAL 

9 EDUCATION AND RELATED 

10 SERVICES FOR CHILDREN 

11 AND YOUTH WHO ARE DEAF12 BLIND 

13 Subtitle A—General Provisions 

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

15 (a) SERVING ALL CHILDREN WITH DEAF-BLIND16 NESS REGARDLESS OF CLASSIFICATION.—Section 

17 612(a)(3) (20 U.S.C. 1412(a)(3)), as amended by sections 

18 101 and 201 of this Act, is further amended by adding 

19 at the end the following: 

20 ‘‘(E) SERVING CHILDREN WITH DEAF21 BLINDNESS.—When a State classifies children 

22 by disability, the State, in complying with sub23 section (a), identifies, locates and evaluates 

24 children with concomitant vision and hearing 

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1 ability category other than deaf-blindness, 

2 meaning concomitant hearing and visual im3 pairments, the combination of which causes se4 vere communication and other developmental 

5 and educational needs that adversely affect a 

6 child’s educational performance (and including 

7 children who are deaf-blind with additional dis8 abilities), and provides (without prejudice to 

9 such classification) special education and re10 lated services to such children, including such 

11 services determined appropriate based on prop12 er evaluation as would be provided to children 

13 classified in the State as having deaf-blind14 ness.’’. 

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 ‘‘(g) ACCOUNTING FOR CHILDREN WITH DEAF19 BLINDNESS.—In addition to the data collection and re20 porting 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 deaf-blindness, include the 

24 number and percentage of such children in each disability 

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


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1 (c) CHILD WITH A DISABILITY.—Section 

2 602(3)(A)(i) (20 U.S.C. 1401(3)(A)(i)) is amended by 

3 adding after ‘‘visual impairments (including blindness)’’ 

4 the term ‘‘deaf-blindness,’’ and continuing with ‘‘serious 

5 emotional disturbance . . .’’. 

6 SEC. 302. RELATED SERVICES. 

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

8 amended by inserting ‘‘, and intervener services, which are 

9 provided to children who are deaf-blind by a qualified in10 tervener’’ after ‘‘for diagnostic and evaluation purposes 

11 only’’. 

12 SEC. 303. STATE PLANS. 

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

14 at the end the following: 

15 ‘‘(i) ADDENDUM CONCERNING CHILDREN WHO ARE

16 DEAF-BLIND.— 

17 ‘‘(1) IN GENERAL.—Notwithstanding the provi18 sions of subsection (c), a State shall not be deemed 

19 in compliance with this section unless, not later than 

20 two years after the date of the enactment of the 

21 Alice Cogswell and Anne Sullivan Macy Act, the 

22 State files with the Secretary a written addendum to 

23 the plan required by this section describing how the 

24 State ensures that— 


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1 ‘‘(A) children with deaf-blindness (regard2 less of the State’s use of disability categories or 

3 the extent to which children with deaf-blindness 

4 may be classified in disability categories other 

5 than deaf-blindness) are evaluated by qualified 

6 professionals including teachers of deaf-blind, 

7 using valid and reliable assessments, for such 

8 children’s need for instruction and services 

9 meeting their unique language and communica10 tion, literacy, academic, social and related 

11 learning needs, including instruction which may 

12 be needed by children without disabilities or 

13 with other disabilities but which must be spe14 cifically designed, modified, or delivered to meet 

15 the unique language and communication, aca16 demic, and related learning needs of children 

17 with deaf-blindness; 

18 ‘‘(B) there is sufficient availability of per19 sonnel, including teachers of the deaf-blind and 

20 interveners, within the State qualified to pro21 vide the evaluation, instruction, and services de22 scribed in subparagraph (A) to all children 

23 within the State requiring such instruction; and 

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

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1 lated services, whether or not such children 

2 have other disabilities, receive such instruction 

3 and are not being served solely in accordance 

4 with section 504 of the Rehabilitation Act of 

5 1973 (29 U.S.C. 794). 

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

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

8 ‘‘(A) specifically address how the State 

9 meets the needs of children with deaf-blindness 

10 to support ongoing progress in language devel11 opment and in the child’s preferred mode of 

12 communication, and including the provision of 

13 school-related opportunities for direct commu14 nications with peers and professional personnel 

15 in the child’s preferred mode of communication 

16 and opportunities for direct instruction in (but 

17 not limited to) concept development, functional 

18 skills for academic success, self-determination 

19 and advocacy, social-emotional skills, visual and 

20 auditory sensory efficiency skills, orientation 

21 and mobility, assistive technology proficiency, 

22 independent living skills, age-appropriate career 

23 education, and support for the student through 

24 family education; and 


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

3 with deaf-blindness including parents, con4 sumers, advocacy organizations, national and 

5 State organizations focused on deaf-blindness 

6 and others the State may identify.’’. 

7 SEC. 304. EVALUATIONS. 

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

9 adding at the end the following: 

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

11 ‘‘(A) IN GENERAL.—In conducting the as12 sessments prescribed in paragraph (3)(B), chil13 dren who are deaf-blind (including children who 

14 may have additional disabilities) shall be evalu15 ated on language and communication pro16 ficiency levels, including expressive, receptive, 

17 and pragmatic skills, and ability to access grade 

18 level content in the child’s preferred mode of 

19 communication, including non-symbolic and 

20 symbolic communication and tactile sign lan21 guage. Qualified personnel trained in deaf22 blindness, who communicate in the child’s pre23 ferred mode of communication, shall be actively 

24 involved in assessments and evaluations. Also, 

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


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1 (8)(A) shall apply to children with deaf-blind2 ness. 

3 ‘‘(B) CONTENT OF EVALUATIONS.—The 

4 evaluations described in subparagraph (A) shall, 

5 at a minimum, include evaluations assessing the 

6 need for services and supports to assist children 

7 who are deaf-blind in developing and maintain8 ing language and communication skills in their 

9 preferred mode of communication, including 

10 non-symbolic and symbolic communication and 

11 tactile sign language. Other areas of evaluation 

12 for children who are deaf-blind shall include 

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

14 SEC. 305. CONSIDERATION OF SPECIAL FACTORS. 

15 Section 614(d)(3)(B) (20 U.S.C. 1414(d)(3)(B)) is 

16 amended— 

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

18 (2) by redesignating clause (v) as clause (vi); 

19 and 

20 (3) by inserting after clause (iv) the following: 

21 ‘‘(v) in the case of a child who is deaf22 blind, provide for the child’s language and 

23 communication needs, including, but not 

24 limited to, tactile sign language, tactile and 

25 visual adaptations to sign and 


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1 fingerspelling, and object and tangible 

2 symbol systems. Also, requirements in3 cluded in sections 614(d)(3)(B)(iii) and 

4 614(d)(3)(B)(iv) shall apply to children 

5 with deaf-blindness; and’’. 

6 SEC. 306. TECHNICAL ASSISTANCE FOR PARENTS AND EDU7 CATORS OF CHILDREN WHO ARE DEAF8 BLIND. 

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

10 at the end the following: 

11 ‘‘(l) DEVELOPING POLICY GUIDANCE FOR PARENTS

12 AND EDUCATORS OF CHILDREN WITH DEAF-BLIND13 NESS.—The Secretary shall ensure that not later than one 

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

15 and Anne Sullivan Macy Act policy guidance concerning 

16 the provision of special education and related services to 

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

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

19 with particular attention to explanation of relevant amend20 ments to this Act or to its implementing regulations and 

21 is published in the Federal Register.’’. 

22 SEC. 307. CONFORMING REGULATIONS. 

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

24 at the end the following: 


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

2 enactment of the Alice Cogswell and Anne Sullivan Macy 

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

4 regulations that provide definitions for ‘deaf-blindness’ 

5 and ‘intervener services’.’’. 

6 Subtitle B—Improving the Effec7 tiveness of Early Intervention 

8 for Infants and Toddlers With 

9 Deaf-Blindness and Their Fami10 lies 

11 SEC. 311. CONTENT OF PLAN. 

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

13 by striking the semicolon at the end and inserting the fol14 lowing: ‘‘and, in the case of an infant or toddler who is 

15 deaf-blind, a statement of the ongoing language and com16 munication assessment that will be provided to the child, 

17 language and communication development goals commen18 surate with the child’s cognitive abilities, the language and 

19 communication access that will be provided, including on20 going opportunities for direct language learning and com21 munication access to peers, early intervention service pro22 viders, and other professional personnel trained in the 

23 child’s preferred mode of communication, and the support 

24 and instruction that will be provided to families to learn 


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1 and support the child’s language and communication mode 

2 and the child’s full range of needs;’’. 

3 Subtitle C—National Activities To 

4 Improve the Education of Chil5 dren With Disabilities 

6 SEC. 321. PERSONNEL DEVELOPMENT TO IMPROVE SERV7 ICES AND RESULTS FOR CHILDREN WITH DIS8 ABILITIES; ENSURING SUFFICIENT TEACH9 ERS OF THE DEAF-BLIND AND EARLY INTER10 VENTION SPECIALISTS. 

11 Section 662(c)(2) (20 U.S.C. 1462(c)(2)) is amend12 ed— 

13 (1) by redesignating subparagraphs (G) and 

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

15 (2) by inserting after subparagraph (F) the fol16 lowing: 

17 ‘‘(G) Preparing personnel to be qualified 

18 teachers of the deaf-blind and early intervention 

19 specialists, to assist children with deaf-blindness 

20 in schools and school related activities, as well 

21 as toddlers and preschool children with deaf22 blindness in early intervention and preschool 

23 programs, to develop communication and lit24 eracy skills, access, organize and utilize inforVerDate Sep 11 2014 18:43 Feb 24, 2017 Jkt 069200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H1120.IH H1120

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1 mation about the environment and acquire con2 cepts 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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