core curriculum, a comprehensive array of special-
ized instruction and services maximizing the capacity 
of students with visual disabilities to learn effectively 
and live productively and independently. 
(7) The widespread use by States of Individuals 
with Disabilities Education Act’s disability cat-
egories has led to a sizable undercount of students 
with sensory disabilities and, consequently, a lack of 
recognition of the extent of the systemic need for the 
delivery of appropriate instructional services meeting 
their unique needs. This occurs in large measure be-
cause students with sensory disabilities who also 
have additional disabilities are frequently formally 
classified as having multiple disabilities. Con-
sequently, their vision, hearing, or concomitant vi-
sion and hearing disabilities and related support 
needs are not fully acknowledged. 
(8) Children who are deaf-blind should receive 
one-to-one services from interveners, who have train-
ing 
and 
specialized 
skills 
in 
deaf-blindness. 
Interveners play a critical role in the provision of a 
Free and Appropriate Public Education, because 
they provide access to the information these children 
need in order to learn and develop concepts, to facili-
tate their communication development and inter-
VerDate Sep 11 2014 
02:42 Sep 22, 2015
Jkt 049200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3535.IH
H3535
emcdonald on DSK67QTVN1PROD with BILLS
actions in their preferred mode of communication, 
and to promote their social and emotional well-being. 
(9) A national resource in visual disabilities is 
needed to supplement the work of State and local 
educational agencies through student enrichment ac-
tivities; to support teachers of students with visual 
impairments and related services personnel through 
state-of-the-art continuing education opportunities; 
and to spur the further advancement of instructional 
services for students with visual disabilities through 
scientific research and evidence-based best practices. 
TITLE I—IMPROVING THE EF-
FECTIVENESS 
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. 
(a) SERVING ALL CHILDREN WHO ARE DEAF OR 
HARD OF HEARING REGARDLESS OF CLASSIFICATION.— 
Section 612(a)(3) (20 U.S.C. 1412(a)(3)) is amended at 
the end by adding the following: 
VerDate Sep 11 2014 
02:42 Sep 22, 2015
Jkt 049200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3535.IH
H3535
emcdonald on DSK67QTVN1PROD with BILLS
‘‘(C) SERVING CHILDREN WHO ARE DEAF 
OR HARD OF HEARING.—When a State classi-
fies children by disability, the State, in com-
plying with subsection (a), identifies, locates 
and evaluates children who are deaf or hard of 
hearing who are, or may be, classified in a dis-
ability category other than hearing impairment 
and provides (without prejudice to such classi-
fication) special education and related services 
to such children, including such services deter-
mined appropriate based on proper evaluation 
as would be provided to children classified in 
the State as deaf or hard of hearing.’’. 
(b) DATA COLLECTION AND REPORTING.—Section 
618 (20 U.S.C. 1418) is amended by adding at the end 
the following: 
‘‘(e) ACCOUNTING FOR DEAF AND HARD OF HEAR-
ING STUDENTS.—In addition to the data collection and 
reporting requirements of subsections (a) through (d) and 
subject to such provisions, the State and the Secretary of 
the Interior shall, with respect to children classified in a 
disability category other than hearing impairment or deaf-
ness, include the number and percentage of such children 
in each disability category who are also deaf or hard of 
hearing.’’. 
VerDate Sep 11 2014 
02:42 Sep 22, 2015
Jkt 049200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H3535.IH
H3535
emcdonald on DSK67QTVN1PROD with BILLS
(c) 
CHILD
WITH
A
DISABILITY.—Section 
602(3)(A)(i) (20 U.S.C. 1401(3)(A)(i)) is amended by 
striking ‘‘hearing impairments (including deafness), 
speech’’ and inserting ‘‘who is deaf or hard of hearing, 
with speech’’. 
SEC. 102. STATE PLANS. 
Section 612 (20 U.S.C. 1412) is amended by adding 
at the end the following: 
‘‘(g) ADDENDUM CONCERNING STUDENTS WHO ARE 
DEAF OR HARD OF HEARING.— 
‘‘(1) IN GENERAL.—Notwithstanding the provi-
sions of subsection (c), a State shall not be deemed 
in compliance with this section unless, not later than 
two years after the date of the enactment of the 
Alice Cogswell and Anne Sullivan Macy Act, the 
State files with the Secretary a written addendum to 
the plan required by this section describing how the 
State ensures that— 
‘‘(A) children who are deaf or hard of 
hearing (regardless of the State’s use of dis-
ability categories or the extent to which deaf or 
hard of hearing children may be classified in 
disability categories other than hearing impair-
ment or deafness) are evaluated by qualified 
professionals, using valid and reliable assess-
VerDate Sep 11 2014 
02:43 Sep 23, 2015
Jkt 049200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H3535.IH
H3535
emcdonald on DSK67QTVN1PROD with BILLS
ments, for such children’s need for instruction 
and services meeting their unique language and 
communication, literacy, academic, social and 
related learning needs, including instruction 
which may be needed by children without dis-
abilities or with other disabilities but which 
must be specifically designed, modified, or deliv-
ered to meet the unique language and commu-
nication and academic and related learning 
needs of children who are deaf or hard of hear-
ing; 
‘‘(B) there is sufficient availability of per-
sonnel within the State qualified to provide the 
evaluation and instruction described in subpara-
graph (A) to all children within the State re-
quiring such instruction; and 
‘‘(C) all children who are deaf or hard of 
hearing within the State who need special edu-
cation and related services, whether or not such 
children have other disabilities, receive such in-
struction and are not being served solely in ac-
cordance with section 504 of the Rehabilitation 
Act of 1973 (29 U.S.C. 794). 
‘‘(2) CONTENTS.—In preparing the addendum 
described in paragraph (1), the State shall— 
VerDate Sep 11 2014 
02:42 Sep 22, 2015
Jkt 049200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H3535.IH
H3535
emcdonald on DSK67QTVN1PROD with BILLS