I 

113TH CONGRESS 

2D SESSION H. R. 4040 

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 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 11, 2014 

Mr. CARTWRIGHT (for himself, Mr. TAKANO, and Mr. STOCKMAN) 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 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. 

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

ARE DEAF OR HARD OF HEARING 

Subtitle A—General Provisions 

Sec. 101. Findings. 

Sec. 102. Identifying students who are deaf or hard of hearing. 

Sec. 103. State plans. 

Sec. 104. Evaluations. 

Sec. 105. Individualized education program team. 

Sec. 106. Consideration of special factors. 

Sec. 107. Monitoring. 

Sec. 108. Continuum of service delivery options. 

Sec. 109. 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. Findings. 

Sec. 202. Identifying students with visual disabilities. 

Sec. 203. State plans. 

Sec. 204. Evaluations. 

Sec. 205. Consideration of special factors. 

Sec. 206. 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. 

1 SEC. 2. PURPOSES. 

2 The purposes of this Act are as follows: 

3 (1) To better ensure delivery of high quality 

4 special education and related services to students 

5 with visual disabilities or who are deaf or hard of 

6 hearing through specialized instructional services 

7 and methodologies designed to meet their unique 

8 language, communication, and learning needs. 

9 (2) To better ensure delivery of high quality 

10 early intervention services to infants and toddlers 

11 who are deaf or hard of hearing and their families 

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1 signed to meet their unique language, communica2 tion, and other developmental needs. 

3 (3) To foster the proliferation of research sup4 porting the development and evaluation of effective 

5 and innovative assessments and instructional meth6 odologies consonant with the unique learning needs 

7 of students with visual disabilities. 

8 (4) To enhance accountability for the provision 

9 of such services. 

10 (5) To support the development of personnel 

11 serving students with visual disabilities or who are 

12 deaf or hard of hearing. 

13 TITLE I—IMPROVING THE EF14 FECTIVENESS OF SPECIAL 

15 EDUCATION AND RELATED 

16 SERVICES AND FOR STU17 DENTS WHO ARE DEAF OR 

18 HARD OF HEARING 

19 Subtitle A—General Provisions 

20 SEC. 101. FINDINGS. 

21 (a) FINDINGS.—The Congress finds the following: 

22 (1) The history of the education of deaf and 

23 hard of hearing students in the United States began 

24 with the education of Alice Cogswell in Connecticut 

25 in the early 1800s. Born in 1805, Alice became deaf 


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1 at a young age. By the time she was nine, she was 

2 befriended by a neighbor, Thomas Gallaudet, who 

3 demonstrated that she could make the association 

4 between objects and the written words for them. 

5 Soon she became the focus of an initiative to found 

6 a school for deaf individuals in America. In April of 

7 1817, Gallaudet and a deaf teacher, Laurent Clerc, 

8 opened the first successful American school for deaf 

9 persons—the American School for the Deaf—with 

10 Alice as its first pupil. From an initial class of seven 

11 students, the school grew into a national institution, 

12 the mother school of many subsequent schools for 

13 the deaf and the training ground for their principals 

14 and teachers. Alice Cogswell’s story reminds us that 

15 deaf and hard of hearing children are capable of 

16 learning and achieving to high levels when they have 

17 access to full language and communication, are 

18 taught by professionals with specialized training in 

19 the unique needs of deaf and hard of hearing stu20 dents, and have access to educational placements 

21 that recognize and provide for their language, com22 munication, and academic needs. 

23 (2) Deaf and hard of hearing children need 

24 early and ongoing access to language. Research dem25 onstrates that deaf and hard of hearing children who 


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1 are identified early and receive appropriate early 

2 intervention from specialized, qualified providers 

3 achieve higher language and communication out4 comes than those who are identified late and do not 

5 receive such services. However, currently, early 

6 intervention services typically are not provided in a 

7 timely manner, severe shortages of specialized early 

8 intervention professionals exist, and many deaf and 

9 hard of hearing children are not reaching their de10 velopmental potential. 

11 (3) Deaf and hard of hearing children are born 

12 with the same capacity to learn and achieve as any 

13 other child. However, historically as a group, their 

14 literacy and academic outcomes have not been com15 mensurate with their abilities. The education system 

16 in the United States must better meet the academic 

17 and related learning needs of these students, who 

18 can succeed when those needs are addressed. 

19 (4) A principal way that hearing students ac20 quire knowledge and skills is through incidental 

21 learning, the process of observing others and the en22 vironment that occurs naturally at home, at school 

23 and in the community. Deficits in incidental learning 

24 leave deaf and hard of hearing students behind in 

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1 emotional skill areas. In addition to core academics 

2 such as reading, mathematics and science, deaf and 

3 hard of hearing students must also receive special4 ized instruction and services designed to maximize 

5 their capacity to learn effectively and live produc6 tively and independently. These include instruction 

7 in audiology, age appropriate career education, com8 munication and language, including American Sign 

9 Language and spoken language with or without vis10 ual supports, functional skills for academic success, 

11 self-determination and advocacy (including prepara12 tion for transition to work or higher education), so13 cial emotional skills, technology, and support for the 

14 student through family education. 

15 (5) It is imperative that deaf and hard of hear16 ing students have communication and language ac17 cess and development. The development of age ap18 propriate communication and language skills is es19 sential to any cognitive, psychological and edu20 cational growth. Without communication and lan21 guage a student cannot become literate or educated. 

22 Without communication and language a student will 

23 not develop reading, computation, writing, analyt24 ical, and other necessary skills. The importance of 

25 an education in which communication and language 


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1 access and development are provided is not merely 

2 a matter of educational methodology or classroom 

3 strategy but a right equal to the right of any stu4 dent to access classroom information, communicate 

5 with peers and staff, and develop literacies required 

6 for educational success. When students are deprived 

7 of communication and language access and develop8 ment they cannot meaningfully engage in the rich 

9 and varied experience that is American education 

10 and become active members in our American democ11 racy. Communication and language are the first 

12 building blocks in any education and are required 

13 for human development. 

14 (6) Since the 1997 reauthorization of the Indi15 viduals with Disabilities Education Act (IDEA), IEP 

16 Teams have been required to consider the language 

17 and communication needs of students who are deaf 

18 and hard of hearing, including opportunities for di19 rect communications with peers and professional 

20 personnel in the child’s language and communication 

21 mode, academic level, and full range of needs, in22 cluding opportunities for direct instruction in the 

23 child’s language and communication mode. Further, 

24 it is been the U.S. Department of Education’s posi25 tion since 1992 that ‘‘[a]ny educational setting that 


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1 does not meet the communication and related needs 

2 of a child who is deaf does not allow for the provi3 sion of [a Free Appropriate Public Education] and 

4 cannot be considered the [Least Restrictive Environ5 ment] for that child. Just as the [Individuals with 

6 Disabilities Education Act] requires placement in 

7 the regular educational setting when it is appro8 priate for the unique needs of a child who is deaf, 

9 it also requires placement outside of the regular edu10 cational setting when the child’s needs cannot be 

11 met in that setting’’ (Deaf Students Education Serv12 ices: Policy Guidance,’’ 57 Fed. Reg. 49274 (1992)). 

13 And it is well argued that deaf and hard of hearing 

14 students benefit from a setting in which a critical 

15 mass of deaf and hard of hearing peers is found. 

16 Nevertheless, it has been contended that few deaf 

17 and hard of hearing students are receiving full ac18 cess to language and communication in the regular 

19 education setting, and few have access to a critical 

20 mass of peers. This lack of language and commu21 nication access contributes to students’ social isola22 tion and to the inability of graduates to achieve aca23 demic outcomes on par with those of their hearing 

24 peers. Since the U.S. Department of Education does 

25 not require sufficient monitoring of State and local 


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1 educational agencies to fully and accurately account 

2 for their legal obligations to address the language 

3 and communication needs of deaf and hard of hear4 ing students, it is not possible to confirm system5 ically whether such agencies are in compliance with 

6 current law. Given that nationally students who are 

7 deaf or hard of hearing require more language and 

8 communication access and more support to acquire 

9 services and skills than they are currently receiving, 

10 and given that provision of currently required in11 struction and placement for such students cannot be 

12 adequately assured, IDEA must be strengthened and 

13 supplemented to ensure that deaf and hard of hear14 ing students truly receive a free and appropriate 

15 public education. 

16 (7) A prerequisite to better meeting these needs 

17 is every State and local educational agency’s identi18 fication and proper evaluation of each student who 

19 is deaf or hard of hearing, regardless of whether 

20 such student may have other, even potentially more 

21 significant, disabilities. While IDEA does not man22 date that State and local educational agencies clas23 sify students into specific disability categories, the 

24 widespread use of IDEA’s disability categories has 

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1 ing students and, consequently, a lack of recognition 

2 of the extent of the systemic need for the delivery 

3 of appropriate instructional services provided by per4 sonnel initially trained and continually supported to 

5 meet such students’ unique educational needs. In6 deed, while the U.S. Census Bureau supports the 

7 contention that more than 350,000 students nation8 ally have ‘‘hearing difficulties,’’ the Department of 

9 Education routinely reports serving under IDEA a 

10 population of approximately 73,000. This occurs in 

11 large measure because students who are deaf or 

12 hard of hearing who also have additional disabilities 

13 are frequently formally classified by State and local 

14 educational agencies as having multiple disabilities. 

15 Consequently, such students’ hearing disabilities are 

16 not fully acknowledged either in terms of educational 

17 agency recognized need for personnel trained to 

18 serve such students, or in terms of an individual stu19 dent’s need for the services of such personnel. 

20 (8) It is critical that State and local educational 

21 agencies be better prepared to meet these largely 

22 unmet needs. To reach this goal, teachers of the 

23 deaf and their colleagues in related services must be 

24 better supported to provide the full array of special25 ized instruction and services required by deaf and 


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1 hard of hearing students. Proper assessment of the 

2 unique needs of students who are deaf or hard of 

3 hearing, along with proper deployment of specialized 

4 instruction and interventions, must keep pace with 

5 the most current educational theories and practices 

6 and be based on the best available evidence. Signifi7 cantly greater accountability for results for students 

8 who are deaf or hard of hearing, including those 

9 with additional disabilities, must be built into Amer10 ica’s special education system if deaf and hard of 

11 hearing students are to succeed. And it is imperative 

12 that all deaf and hard of hearing students, regard13 less of disability category, are identified and their 

14 learning needs fully accounted for. 

15 (9) Deaf and hard of hearing children across 

16 the United States should experience the same kind 

17 of access to language development, social interaction, 

18 and academic opportunities experienced by their 

19 peers. Deaf and hard of hearing children are as di20 verse as any other group of children, and the choices 

21 in communication, educational placement options, 

22 and other decisions are complex and need to be indi23 vidualized. 

24 (10) Existing high quality resources must be 

25 preserved and leveraged so that students who are 


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1 deaf or hard of hearing do not fall farther behind. 

2 Specialized schools for children who are deaf and 

3 hard of hearing perform a unique service and must 

4 be valued and maintained as part of the continuum 

5 of alternative placements. Both special schools and 

6 center-based programs serving children who are deaf 

7 or hard of hearing should be tapped for the expert 

8 personnel and services such resources can offer, and 

9 IDEA’s worthy policy objective to ensure the full in10 tegration of children with disabilities ought not be 

11 allowed to frustrate the delivery of all appropriate 

12 services to children with unique needs, whether those 

13 services be provided at a specialized school, a local 

14 school, or some combination of the two. 

15 SEC. 102. IDENTIFYING STUDENTS WHO ARE DEAF OR 

16 HARD OF HEARING. 

17 (a) SERVING ALL CHILDREN WHO ARE DEAF OR

18 HARD OF HEARING REGARDLESS OF CLASSIFICATION.— 

19 Section 612(a)(3) (20 U.S.C. 1412(a)(3)) is amended at 

20 the end by adding the following: 

21 ‘‘(C) SERVING CHILDREN WHO ARE DEAF

22 OR HARD OF HEARING.—When a State classi23 fies children by disability, the State, in com24 plying with subsection (a), identifies, locates 

25 and evaluates children who are deaf or hard of 


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1 hearing who are, or may be, classified in a dis2 ability category other than hearing impairment 

3 and provides (without prejudice to such classi4 fication) special education and related services 

5 to such children, including such services deter6 mined appropriate based on proper evaluation 

7 as would be provided to children classified in 

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

9 (b) DATA COLLECTION AND REPORTING.—Section 

10 618 (20 U.S.C. 1418) is amended by adding at the end 

11 the following: 

12 ‘‘(e) ACCOUNTING FOR DEAF AND HARD OF HEAR13 ING STUDENTS.—In addition to the data collection and 

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

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

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

17 disability category other than hearing impairment or deaf18 ness, include the number and percentage of such children 

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

20 hearing.’’. 

21 (c) CHILD WITH A DISABILITY.—Section 

22 602(3)(A)(i) (20 U.S.C. 1401(3)(A)(i)) is amended to 

23 read as follows: 

24 ‘‘(i) with intellectual disabilities, who 

25 is deaf or hard of hearing, with speech or 


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1 language impairments, visual impairments 

2 (including blindness), serious emotional 

3 disturbance (referred to in this part as 

4 ‘emotional disturbance’), orthopedic im5 pairments, autism, traumatic brain injury, 

6 other health impairments, or specific learn7 ing disabilities; and’’. 

8 SEC. 103. 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 deemed 

15 in compliance with this section unless, not later than 

16 two years after the date of the enactment of the 

17 Alice Cogswell and Anne Sullivan Mact 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 ongoing progress in lan6 guage development, including American Sign 

7 Language and spoken language with or without 

8 visual supports, and including the provision of 

9 school-related opportunities for direct commu10 nications with peers and professional personnel 

11 in the child’s language and opportunities for di12 rect instruction in the child’s language, as well 

13 as instruction in audiology, age appropriate ca14 reer education, communication and language, 

15 social skills, functional skills for academic suc16 cess, self-determination and advocacy (including 

17 preparation for transition to work or higher 

18 education), social emotional skills, technology, 

19 and support for the student through family 

20 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. 104. 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 language with or without vis19 ual supports, and written English. Determina20 tion of the need for special education and re21 lated services shall include evaluation of such 

22 children’s unique learning needs, including 

23 needs for direct communication, without an 

24 intermediary such as an interpreter, with peers 

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1 guage, including American Sign Language and 

2 spoken language with or without visual sup3 ports, and instruction which may be needed by 

4 students without disabilities or with other dis5 abilities but which must be specifically de6 signed, modified, or delivered to meet the 

7 unique learning needs of students who are deaf 

8 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 language 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. 105. 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. 106. 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 language with or without vis24 ual 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 language with 

11 or 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. 107. 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. 108. CONTINUUM OF SERVICE DELIVERY OPTIONS. 

14 (a) ENSURING CONTINUUM AVAILABILITY.—Section 

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

16 at the end the following: 

17 ‘‘(C) CONTINUUM OF ALTERNATIVE

18 PLACEMENTS.—The State shall ensure that a 

19 full continuum of alternative placements is 

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

23 in regular classes, special classes, special 

24 schools, home instruction, and instruction in 

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1 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. 109. 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 language with or without visual 

12 supports, is the primary language and 

13 mode of 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 adding before the semicolon at the end the following: 

20 ‘‘and in the case of an infant or toddler who is deaf or 

21 hard of hearing, a statement of the ongoing language and 

22 communication assessment that will be provided to the 

23 child, language and communication development goals 

24 commensurate with the child’s cognitive abilities, and a 

25 statement of the language and communication access that 


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1 will be provided, including ongoing opportunities for direct 

2 language learning and communication access to peers, 

3 early intervention service providers, and other professional 

4 personnel in the child’s language, including American Sign 

5 Language and spoken language with or without visual 

6 supports; support and instruction for families to learn and 

7 support the child’s language and communication mode; 

8 and the child’s full range of needs’’. 

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 language with or without visual sup15 ports, and age appropriate literacy skills in 

16 school and school related activities, and deaf 

17 and hard of hearing infants and toddlers and 

18 preschool children in early intervention and pre19 school programs.’’. 


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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. FINDINGS. 

8 The Congress finds the following: 

9 (1) When renowned American author, Mark 

10 Twain, immortalized Helen Keller’s beloved teacher, 

11 Anne Sullivan Macy, with the moniker ‘‘the miracle 

12 worker’’, his words, though meant as well-deserved 

13 praise, reflect the misconception persisting even 

14 today that educating individuals with disabilities is 

15 a nearly insurmountable task requiring extraor16 dinary feats performed by exceptionally gifted and 

17 saintly persons. To be sure, the work of teaching 

18 children with disabilities can and does occur when 

19 committed and qualified but everyday special edu20 cators are properly prepared and supported to prac21 tice their professions. However, the educational sys22 tems within which they act must also be held ac23 countable for results. 

24 (2) Research demonstrates that students with 

25 visual disabilities are among the highest performing 


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1 students with disabilities in terms of academic 

2 achievement, and yet they are among the least em3 ployed, even after successful accomplishment of post4 secondary academic objectives. Many factors con5 tribute to this unacceptable inequity, including em6 ployer discrimination, low expectations of people 

7 with disabilities generally, and a lack of student 

8 preparation for the work world and full participation 

9 in society. 

10 (3) It is clear that America’s special education 

11 system needs to be improved if the most successful 

12 academic achievers are to leave school prepared to 

13 be independent and productive citizens who can par14 ticipate fully in the American dream. Such improve15 ments must better account for the distinct academic 

16 and related learning needs of students with visual 

17 disabilities who can only succeed both when visual18 disabilities-specific skills are taught and when gen19 erally-needed skills are taught in a manner that ad20 dresses, rather than ignores, the unique ways in 

21 which students with visual disabilities learn. 

22 (4) A principal way that students without visual 

23 disabilities acquire knowledge and skills is through 

24 incidental learning, the process of observing others 

25 and the environment that occurs naturally at home, 


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1 at school and in community, and deficits in inci2 dental learning leave students with visual disabilities 

3 behind in the acquisition of an array of skill areas. 

4 In addition to core academics such as reading, math5 ematics and science, students with visual disabilities 

6 must also receive instruction in the so-called ex7 panded core curriculum, a comprehensive array of 

8 specialized instruction and services maximizing the 

9 capacity of students with visual disabilities to learn 

10 effectively and live both productively and independ11 ently. The expanded core curriculum includes in12 struction in communication and productivity (includ13 ing Braille instruction, and assistive technology pro14 ficiency inclusive of low vision devices); self-suffi15 ciency and interaction (including orientation and 

16 mobility, self determination, sensory efficiency, so17 cialization, recreation and fitness, and independent 

18 living skills); and age appropriate career education. 

19 (5) Special education teachers, such as teachers 

20 of students with visual impairments (TVIs), partner 

21 with related services personnel, such as orientation 

22 and mobility instructors, and general educators to 

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1 ful transition to post-school independent living, soci2 etal integration, and employment. To do their jobs 

3 well, TVIs and their colleagues in related services 

4 must be both initially properly trained and contin5 ually supported through readily available resources 

6 and continuing education to assist them in dealing 

7 with the constant evolution in instructional methods, 

8 the vast diversity of the population with which they 

9 work, enormous case loads, and the scarcity of time 

10 to devote necessary individualized attention to each 

11 student with visual disabilities. Both the need for an 

12 expanded variety of continuing education opportuni13 ties for TVIs and the need for preparation programs 

14 producing personnel who can serve the full diversity 

15 of needs within the population of students with vis16 ual disabilities have been well documented. 

17 (6) Since the 1997 reauthorization of the Indi18 viduals with Disabilities Education Act (IDEA), stu19 dents who are blind have been entitled to instruction 

20 in Braille and use of Braille unless the individualized 

21 education program (IEP) team makes an affirmative 

22 determination that such instruction is not appro23 priate for a given student. Nevertheless, it has been 

24 forcefully argued that few students today who should 

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1 ing it and that this lack of Braille instruction con2 tributes mightily to the inability of graduates with 

3 visual disabilities to participate fully in the work4 force. Since the U.S. Department of Education does 

5 not require State and local educational agencies to 

6 fully and accurately account for their legal obliga7 tions to provide Braille instruction to each student 

8 for whom such instruction is appropriate, it is not 

9 possible to confirm systemically whether such agen10 cies are in compliance with current law. Given that 

11 students with visual disabilities require more support 

12 than they are currently receiving nationally to ac13 quire services and skills comprising the expanded 

14 core curriculum, and given that provision of cur15 rently required instruction for such students, such 

16 as Braille, cannot be adequately assured, IDEA 

17 must be strengthened and supplemented to ensure 

18 that students with visual disabilities truly receive a 

19 free and appropriate public education. 

20 (7) A prerequisite to better meeting these de21 monstrable needs is every State and local edu22 cational agency’s identification and proper evalua23 tion of each student who experiences visual dis24 ability, regardless of whether such student may have 

25 other, even potentially more significant, disabilities. 


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1 While IDEA does not mandate that State and local 

2 educational agencies classify students into specific 

3 disability categories, the widespread use of IDEA’s 

4 disability categories has led to a sizable undercount 

5 of students with visual disabilities and, consequently, 

6 a lack of recognition of the extent of the systemic 

7 need for the delivery of appropriate instructional 

8 services provided by personnel initially trained and 

9 continually supported to meet such students’ unique 

10 educational needs. Indeed, while research supports 

11 the contention that more than 100,000 students na12 tionally who have visual disabilities require special 

13 education and related services, the Department of 

14 Education routinely reports the size of this popu15 lation at one third such census. This occurs in large 

16 measure because students who are blind or visually 

17 impaired who also have additional disabilities are 

18 frequently formally classified by State and local edu19 cational agencies as having multiple disabilities. 

20 Consequently, such students’ visual disabilities are 

21 not fully acknowledged either in terms of educational 

22 agency recognized need for personnel trained to 

23 serve such students, or in terms of an individual stu24 dent’s need for the services of such personnel. 


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1 (8) It is critical that State and local educational 

2 agencies be better prepared to meet these largely 

3 unmet needs. To reach this goal, TVIs and their col4 leagues in related services must be better supported 

5 to provide the full array of specialized instruction 

6 and services required by students with visual disabil7 ities. Proper assessment of the unique needs of stu8 dents with visual disabilities, along with proper de9 ployment of specialized instruction and interven10 tions, must keep pace with the most current edu11 cational theories and practices and be based on the 

12 best available evidence. Significantly greater ac13 countability for results for students with visual dis14 abilities, including those with additional disabilities, 

15 must be built into America’s special education sys16 tem if students with visual disabilities are to succeed 

17 as they can and must. And it is imperative that all 

18 students with visual disabilities, regardless of dis19 ability category, are identified and their learning 

20 needs fully accounted for. 

21 (9) While examples of contexts do exist around 

22 the country, from specialized schools to neighbor23 hood schools, demonstrating successful provision of a 

24 full range of services and instruction meeting the 

25 unique needs of students with visual disabilities, the 


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1 services and instruction afforded by such exemplary 

2 programs are far from nationally consistent and 

3 must be recognized and modeled. To replicate and 

4 build on these successes, a national resource is need5 ed to supplement the work of State and local edu6 cational agencies through student enrichment activi7 ties, to support TVIs and related services personnel 

8 through state-of-the-art continuing education oppor9 tunities, and to spur the further advancement of in10 structional services for students with visual disabil11 ities through scientific research and evidence-based 

12 best practices. 

13 (10) While these clarifications and enhance14 ments must be made, it is vital that existing high 

15 quality resources be preserved and leveraged so that 

16 students with visual disabilities do not fall farther 

17 behind. Specialized schools for children who are 

18 blind must be expected to perform but must not fall 

19 victim to mere State budget expediency. Both special 

20 schools and center-based programs serving children 

21 with visual disabilities should be tapped for the ex22 pert personnel and services such resources can offer, 

23 and IDEA’s worthy policy objective to ensure the 

24 full integration of children with disabilities ought not 


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1 be allowed to frustrate the delivery of all appropriate 

2 services to children with unique needs. 

3 SEC. 202. IDENTIFYING STUDENTS WITH VISUAL DISABIL4 ITIES. 

5 (a) SERVING ALL CHILDREN WITH VISUAL DISABIL6 ITIES REGARDLESS OF CLASSIFICATION.—Section 

7 612(a)(3) (20 U.S.C. 1412(a)(3)), as amended by section 

8 102 of this Act, is further amended at the end by adding 

9 the following new subparagraph: 

10 ‘‘(D) SERVING CHILDREN WITH VISUAL

11 DISABILITIES.—When a State classifies children 

12 by disability, the State, in complying with sub13 section (a), identifies, locates and evaluates 

14 children with visual disabilities who are, or may 

15 be, classified in a disability category other than 

16 blindness and provides (without prejudice to 

17 such classification) special education and re18 lated services to such children, including such 

19 services determined appropriate based on prop20 er evaluation as would be provided to children 

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

22 (b) DATA COLLECTION AND REPORTING.—Section 

23 618 (20 U.S.C. 1418), as amended by section 102 of this 

24 Act, is further amended by adding at the end the fol25 lowing: 


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

2 addition to the data collection and reporting requirements 

3 of subsections (a) through (d) and subject to such provi4 sions, the State and the Secretary of the Interior shall, 

5 with respect to children classified in a disability category 

6 other than blindness, include the number and percentage 

7 of such children in each disability category who are also 

8 blind or otherwise have visual disabilities.’’. 

9 SEC. 203. STATE PLANS. 

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

11 103 of this Act, is further amended at the end by adding 

12 the following: 

13 ‘‘(h) ADDENDUM CONCERNING STUDENTS WITH

14 VISUAL DISABILITIES.— 

15 ‘‘(1) IN GENERAL.—Notwithstanding the provi16 sions of subsection (c), a State shall not be deemed 

17 in compliance with this section unless, not later than 

18 2 years after the date of the enactment of the Alice 

19 Cogswell and Anne Sullivan Macy Act, the State 

20 files with the Secretary a written addendum to the 

21 plan required by this section describing how the 

22 State ensures that— 

23 ‘‘(A) children with visual disabilities (re24 gardless of the State’s use of disability cat25 egories or the extent to which children with visVerDate Mar 15 2010 06:00 Feb 15, 2014 Jkt 039200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H4040.IH H4040

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1 ual disabilities may be classified in disability 

2 categories other than blindness) are evaluated 

3 for such children’s need for instruction and 

4 services meeting their unique academic and re5 lated learning needs, including instruction 

6 which may be needed by children without dis7 abilities or with other disabilities but which 

8 must be specifically designed, modified, or deliv9 ered to meet the unique academic and related 

10 learning needs of children with visual disabil11 ities; 

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

14 instruction described in subparagraph (A) to all 

15 children within the State requiring such in16 struction; and 

17 ‘‘(C) all children with visual disabilities 

18 within the State who need special education and 

19 related services, whether or not such children 

20 have other disabilities, receive such instruction 

21 and are not being served solely in accordance 

22 with section 504 of the Rehabilitation Act of 

23 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 students with visual disabil3 ities for instruction in communication and pro4 ductivity (including Braille instruction and as5 sistive technology proficiency); self-sufficiency 

6 and interaction (including orientation and mo7 bility, self- determination, sensory efficiency, so8 cialization, recreation and fitness, and inde9 pendent living skills); and age appropriate ca10 reer education; 

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

12 within the State to properly evaluate students’ 

13 need for low vision devices and the process by 

14 which such devices will be provided to each stu15 dent for whom such devices are determined ap16 propriate by the IEP team; and 

17 ‘‘(C) consult with individuals and organiza18 tions with expertise in the education of children 

19 with visual disabilities, including parents, con20 sumer and advocacy organizations, and teachers 

21 of students with visual impairments and others 

22 the State may identify.’’. 


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1 SEC. 204. EVALUATIONS. 

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

3 section 104 of this Act, is further amended by adding at 

4 the end the following new paragraph: 

5 ‘‘(8) VISUAL DISABILITIES.— 

6 ‘‘(A) IN GENERAL.—In conducting the as7 sessments prescribed in paragraph (3)(B), de8 termination of the need of children with visual 

9 disabilities (including children who may have 

10 additional disabilities) for special education and 

11 related services shall include evaluation of such 

12 children’s unique learning needs, including 

13 needs for instruction which may be needed by 

14 students without disabilities or with other dis15 abilities but which must be specifically de16 signed, modified, or delivered to meet the 

17 unique learning needs of students with visual 

18 disabilities. 

19 ‘‘(B) CONTENT OF EVALUATIONS.—The 

20 evaluations described in subparagraph (A) shall, 

21 at a minimum, include evaluations assessing the 

22 need for instruction in assistive technology pro23 ficiency (inclusive of low vision devices), self 

24 sufficiency and interaction (including orienta25 tion and mobility, self determination, sensory 

26 efficiency, socialization, recreation and fitness, 


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1 and independent living skills), and age-appro2 priate career education.’’. 

3 SEC. 205. CONSIDERATION OF SPECIAL FACTORS. 

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

5 1414(d)(3)(B)(iii)) is amended to read as follows: 

6 ‘‘(iii) in the case of a child who is 

7 blind or visually impaired, provide for— 

8 ‘‘(I) instruction in Braille and 

9 the use of Braille unless the IEP 

10 Team determines, after an evaluation 

11 of the child’s reading and writing 

12 skills, needs, and appropriate reading 

13 and writing media (including an eval14 uation of the child’s future needs for 

15 instruction in Braille or the use of 

16 Braille), that instruction in Braille or 

17 the use of Braille is not appropriate 

18 for the child; and 

19 ‘‘(II) instruction meeting the 

20 child’s unique learning needs, includ21 ing instruction which may be needed 

22 by students without disabilities or 

23 with other disabilities but which must 

24 be specifically designed, modified, or 

25 delivered to meet the unique learning 


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1 needs of students with visual disabil2 ities. Such instruction includes assist3 ive technology proficiency (inclusive of 

4 low vision devices); self sufficiency 

5 and interaction (including orientation 

6 and mobility, self determination, sen7 sory efficiency, socialization, recre8 ation and fitness, and independent liv9 ing skills); and age appropriate career 

10 education;’’. 

11 SEC. 206. TECHNICAL ASSISTANCE FOR PARENTS AND EDU12 CATORS OF STUDENTS WITH VISUAL DISABIL13 ITIES. 

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

15 109, is further amended by adding at the end the fol16 lowing: 

17 ‘‘(k) MAINTAINING CURRENT POLICY GUIDANCE FOR

18 PARENTS AND EDUCATORS OF STUDENTS WITH VISUAL

19 DISABILITIES.—The Secretary shall ensure that not later 

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

21 Cogswell and Anne Sullivan Macy Act (and periodically 

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

23 guidance concerning the provision of special education and 

24 related services to students with visual disabilities (last 

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1 viewed and updated (with particular attention to expla2 nation of relevant amendments to the Alice Cogswell and 

3 Anne Sullivan Macy Act or to its implementing regula4 tions) and is published in the Federal Register.’’. 

5 Subtitle B—Anne Sullivan Macy 

6 Center on Visual Disability and 

7 Educational Excellence 

8 SEC. 211. CENTER ESTABLISHMENT AND MISSION. 

9 (a) ESTABLISHMENT.—There is established within 

10 the Department of Education a national program named 

11 the Anne Sullivan Macy Center on Visual Disability and 

12 Educational Excellence which shall carry out the activities 

13 described in section 213 in furtherance of the mission de14 scribed in subsection (b). 

15 (b) MISSION.—The mission of the program estab16 lished in subsection (a) is to improve the capacity of stu17 dents with visual disabilities receiving special education 

18 and related services to learn effectively and live both pro19 ductively and independently through— 

20 (1) development and dissemination of curricula, 

21 courses, materials, and methods supporting the con22 tinuing education of personnel qualified under State 

23 law to serve as teachers of students with visual im24 pairments and related services personnel serving 

25 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) model local, regional, and national enrich7 ment projects open to students with visual disabil8 ities intended to supplement State and local edu9 cational agency provision of specialized instruction 

10 and services meeting such students’ unique learning 

11 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 ten years a program of instruction pre10 paring teachers of students with visual impair11 ments or orientation and mobility instructors; 

12 (B) offers a program of doctoral study in 

13 special education; and 

14 (C) maintains a Carnegie Classification as 

15 a Doctoral Research University; and 

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

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

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

19 (c) GOVERNANCE.—As part of the Secretary’s over20 sight responsibilities, the Secretary shall appoint an advi21 sory board (of no more than 12 individual members who 

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

23 relationship with any of the entities comprising the consor24 tium described in subsection (b)) which shall advise the 

25 Secretary and such consortium of entities with respect to 


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1 strategic planning and annual program performance. The 

2 advisory board shall be comprised of individuals with per3 sonal or professional experience with the needs of students 

4 with visual disabilities and shall include parents of stu5 dents with visual disabilities, administrators of special 

6 education programs, and representatives of national orga7 nizations of individuals who are blind or visually impaired. 

8 The Secretary is authorized to compensate the members 

9 of the advisory board for reasonable expenses incurred for 

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

11 which shall occur no more frequently than three times 

12 within a calendar year. The provisions of the Federal Ad13 visory Committee Act shall not apply to meetings or other 

14 activities of the advisory board. Prior to the appointment 

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

16 consult with such consortium of entities which may also 

17 nominate individuals to the Secretary for advisory board 

18 membership. 

19 (d) STRUCTURE.—The Secretary, as part of the con20 tract or cooperative agreement described in subsection (a), 

21 shall ensure that such contract or cooperative agreement 

22 specifies any and all necessary fiscal and other responsibil23 ities between and among the entities described in sub24 section (b) whom shall propose such responsibilities to the 

25 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 

24 instruction and services offered by State and 

25 local educational agencies; and 


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1 (B) evaluating, through appropriate quan2 titative and qualitative methods, the effective3 ness of instruction and services offered by such 

4 projects; 

5 (4) to fund, in accordance with regulations oth6 erwise applicable to personnel preparation programs 

7 supported under part D of the Individuals with Dis8 abilities Education Act (20 U.S.C. 1450 et seq.), the 

9 establishment of programs within institutions of 

10 higher education preparing teachers of students with 

11 visual impairments (which have not been previously 

12 funded under such Part) to specifically prepare such 

13 teachers to provide expert instruction to students 

14 with visual disabilities who also have additional dis15 abilities; and 

16 (5) enter into cooperative agreements, con17 tracts, grants (or other arrangements which may be 

18 permitted by the Secretary) with nonprofit organiza19 tions possessing demonstrable expertise and experi20 ence serving students with visual disabilities or the 

21 professionals trained to work with such students, in22 stitutions of higher education, State and local edu23 cational agencies, public and private specialized 

24 schools serving students with visual disabilities, and 

25 consortia of such entities, for the purpose of carVerDate Mar 15 2010 06:00 Feb 15, 2014 Jkt 039200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H4040.IH H4040

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1 rying out activities authorized in this subsection that 

2 are not otherwise directly conducted, in whole or in 

3 part, by the Anne Sullivan Macy Center. 

4 SEC. 214. AUTHORIZATION OF APPROPRIATIONS AND CAR5 RYOVER. 

6 (a) AUTHORIZATION OF APPROPRIATIONS.—To carry 

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

8 be appropriated such sums as may be necessary, provided 

9 that for fiscal year 2015 and for each succeeding fiscal 

10 year, the amount appropriated shall be an amount equal 

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

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

13 the Individuals with Disabilities Education Act. 

14 (b) CARRYOVER.—Funds appropriated pursuant to 

15 subsection (a) that have not been expended during the fis16 cal year for which they were appropriated shall remain 

17 available in the subsequent fiscal year, provided that no 

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

19 may be so carried over. 

20 SEC. 215. RELATIONSHIP TO OTHER PROGRAMS AND AC21 TIVITIES. 

22 (a) MAXIMIZING RESOURCES.—No funds made avail23 able pursuant to subtitle may be used to fund programs 

24 or activities otherwise concurrently funded under parts D 

25 and E of the Individuals with Disabilities Education Act. 


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1 (b) COORDINATION OF RESEARCH.—The Secretary 

2 shall ensure that research activities authorized and carried 

3 out pursuant to this title are conducted or funded in co4 ordination as appropriate with the National Center for 

5 Special Education Research and other divisions within the 

6 Department of Education responsible for research activi7 ties. 

8 (c) RELATIONSHIP TO SERVICES OFFERED BY THE

9 AMERICAN PRINTING HOUSE FOR THE BLIND.—Nothing 

10 in this subtitle shall be construed to limit or otherwise con11 dition the use of any funds appropriated pursuant to chap12 ter 6 of title 20, United States Code, and no funds made 

13 available pursuant to this subtitle shall be used by any 

14 State or local educational agency to supplant the use of 

15 funds appropriated under such chapter. 

16 (d) RELATIONSHIP TO FUNDING FOR DEAF-BLIND

17 EDUCATION AND FOR THE HELEN KELLER NATIONAL

18 CENTER.—The Secretary shall ensure that any activities 

19 conducted or funded by the Anne Sullivan Macy Center 

20 directly serving individuals who are deaf-blind are coordi21 nated as appropriate with the Helen Keller National Cen22 ter. No funds made available pursuant to this title may 

23 be used to support activities that are otherwise the sole 

24 responsibility of the Helen Keller National Center or may 

25 be used to supplant funds for such Center. The Secretary 


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1 shall ensure that no funds made available pursuant to this 

2 title are used to support activities that are to be funded 

3 pursuant to section 682(d)(1)(A) of the Individuals with 

4 Disabilities Education Act (20 U.S.C. 1482(d)(2)(A)). 

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

6 Anne Sullivan Macy Center shall be the property of the 

7 United States, except that entities comprising the consor8 tium of entities described in section 212(b) shall be indi9 vidually free, within the terms of the contract or coopera10 tive agreement described in section 212(a), to reproduce, 

11 or author copyrighted derivative works using, such matter. 

Æ 


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