SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CON-
TENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Alice Cogswell and Anne Sullivan Macy Act’’. 
(b) REFERENCES.—Except as otherwise expressly 
provided, whenever in this Act an amendment or repeal 
is expressed in terms of an amendment to, or repeal of, 
a section or other provision, the reference shall be consid-
ered to be made to a section or other provision of the Indi-
viduals with Disabilities Education Act (20 U.S.C. 1400 
et seq.). 
(c) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; references; table of contents. 
Sec. 2. Purposes. 
TITLE I—IMPROVING THE EFFECTIVENESS OF SPECIAL EDU-
CATION 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 EDU-
CATION AND RELATED SERVICES FOR STUDENTS WITH VIS-
UAL 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. 
SEC. 2. PURPOSES. 
The purposes of this Act are as follows: 
(1) To better ensure delivery of high quality 
special education and related services to students 
with visual disabilities or who are deaf or hard of 
hearing through specialized instructional services 
and methodologies designed to meet their unique 
language, communication, and learning needs. 
(2) To better ensure delivery of high quality 
early intervention services to infants and toddlers 
who are deaf or hard of hearing and their families 
through specialized services and methodologies de-
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signed to meet their unique language, communica-
tion, and other developmental needs. 
(3) To foster the proliferation of research sup-
porting the development and evaluation of effective 
and innovative assessments and instructional meth-
odologies consonant with the unique learning needs 
of students with visual disabilities. 
(4) To enhance accountability for the provision 
of such services. 
(5) To support the development of personnel 
serving students with visual disabilities or who are 
deaf or hard of hearing. 
TITLE I—IMPROVING THE EF-
FECTIVENESS 
OF 
SPECIAL 
EDUCATION 
AND 
RELATED 
SERVICES 
AND 
FOR 
STU-
DENTS WHO ARE DEAF OR 
HARD OF HEARING 
Subtitle A—General Provisions 
SEC. 101. FINDINGS. 
(a) FINDINGS.—The Congress finds the following: 
(1) The history of the education of deaf and 
hard of hearing students in the United States began 
with the education of Alice Cogswell in Connecticut 
in the early 1800s. Born in 1805, Alice became deaf 
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at a young age. By the time she was nine, she was 
befriended by a neighbor, Thomas Gallaudet, who 
demonstrated that she could make the association 
between objects and the written words for them. 
Soon she became the focus of an initiative to found 
a school for deaf individuals in America. In April of 
1817, Gallaudet and a deaf teacher, Laurent Clerc, 
opened the first successful American school for deaf 
persons—the American School for the Deaf—with 
Alice as its first pupil. From an initial class of seven 
students, the school grew into a national institution, 
the mother school of many subsequent schools for 
the deaf and the training ground for their principals 
and teachers. Alice Cogswell’s story reminds us that 
deaf and hard of hearing children are capable of 
learning and achieving to high levels when they have 
access to full language and communication, are 
taught by professionals with specialized training in 
the unique needs of deaf and hard of hearing stu-
dents, and have access to educational placements 
that recognize and provide for their language, com-
munication, and academic needs. 
(2) Deaf and hard of hearing children need 
early and ongoing access to language. Research dem-
onstrates that deaf and hard of hearing children who 
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are identified early and receive appropriate early 
intervention from specialized, qualified providers 
achieve higher language and communication out-
comes than those who are identified late and do not 
receive such services. However, currently, early 
intervention services typically are not provided in a 
timely manner, severe shortages of specialized early 
intervention professionals exist, and many deaf and 
hard of hearing children are not reaching their de-
velopmental potential. 
(3) Deaf and hard of hearing children are born 
with the same capacity to learn and achieve as any 
other child. However, historically as a group, their 
literacy and academic outcomes have not been com-
mensurate with their abilities. The education system 
in the United States must better meet the academic 
and related learning needs of these students, who 
can succeed when those needs are addressed. 
(4) A principal way that hearing students ac-
quire knowledge and skills is through incidental 
learning, the process of observing others and the en-
vironment that occurs naturally at home, at school 
and in the community. Deficits in incidental learning 
leave deaf and hard of hearing students behind in 
the acquisition of an array of academic and social- 
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emotional skill areas. In addition to core academics 
such as reading, mathematics and science, deaf and 
hard of hearing students must also receive special-
ized instruction and services designed to maximize 
their capacity to learn effectively and live produc-
tively and independently. These include instruction 
in audiology, age appropriate career education, com-
munication and language, including American Sign 
Language and spoken language with or without vis-
ual supports, functional skills for academic success, 
self-determination and advocacy (including prepara-
tion for transition to work or higher education), so-
cial emotional skills, technology, and support for the 
student through family education. 
(5) It is imperative that deaf and hard of hear-
ing students have communication and language ac-
cess and development. The development of age ap-
propriate communication and language skills is es-
sential to any cognitive, psychological and edu-
cational growth. Without communication and lan-
guage a student cannot become literate or educated. 
Without communication and language a student will 
not develop reading, computation, writing, analyt-
ical, and other necessary skills. The importance of 
an education in which communication and language 
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access and development are provided is not merely 
a matter of educational methodology or classroom 
strategy but a right equal to the right of any stu-
dent to access classroom information, communicate 
with peers and staff, and develop literacies required 
for educational success. When students are deprived 
of communication and language access and develop-
ment they cannot meaningfully engage in the rich 
and varied experience that is American education 
and become active members in our American democ-
racy. Communication and language are the first 
building blocks in any education and are required 
for human development. 
(6) Since the 1997 reauthorization of the Indi-
viduals with Disabilities Education Act (IDEA), IEP 
Teams have been required to consider the language 
and communication needs of students who are deaf 
and hard of hearing, including opportunities for di-
rect communications with peers and professional 
personnel in the child’s language and communication 
mode, academic level, and full range of needs, in-
cluding opportunities for direct instruction in the 
child’s language and communication mode. Further, 
it is been the U.S. Department of Education’s posi-
tion since 1992 that ‘‘[a]ny educational setting that 
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does not meet the communication and related needs 
of a child who is deaf does not allow for the provi-
sion of [a Free Appropriate Public Education] and 
cannot be considered the [Least Restrictive Environ-
ment] for that child. Just as the [Individuals with 
Disabilities Education Act] requires placement in 
the regular educational setting when it is appro-
priate for the unique needs of a child who is deaf, 
it also requires placement outside of the regular edu-
cational setting when the child’s needs cannot be 
met in that setting’’ (Deaf Students Education Serv-
ices: Policy Guidance,’’ 57 Fed. Reg. 49274 (1992)). 
And it is well argued that deaf and hard of hearing 
students benefit from a setting in which a critical 
mass of deaf and hard of hearing peers is found. 
Nevertheless, it has been contended that few deaf 
and hard of hearing students are receiving full ac-
cess to language and communication in the regular 
education setting, and few have access to a critical 
mass of peers. This lack of language and commu-
nication access contributes to students’ social isola-
tion and to the inability of graduates to achieve aca-
demic outcomes on par with those of their hearing 
peers. Since the U.S. Department of Education does 
not require sufficient monitoring of State and local 
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educational agencies to fully and accurately account 
for their legal obligations to address the language 
and communication needs of deaf and hard of hear-
ing students, it is not possible to confirm system-
ically whether such agencies are in compliance with 
current law. Given that nationally students who are 
deaf or hard of hearing require more language and 
communication access and more support to acquire 
services and skills than they are currently receiving, 
and given that provision of currently required in-
struction and placement for such students cannot be 
adequately assured, IDEA must be strengthened and 
supplemented to ensure that deaf and hard of hear-
ing students truly receive a free and appropriate 
public education. 
(7) A prerequisite to better meeting these needs 
is every State and local educational agency’s identi-
fication and proper evaluation of each student who 
is deaf or hard of hearing, regardless of whether 
such student may have other, even potentially more 
significant, disabilities. While IDEA does not man-
date that State and local educational agencies clas-
sify students into specific disability categories, the 
widespread use of IDEA’s disability categories has 
led to a sizable undercount of deaf and hard of hear-
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ing students and, consequently, a lack of recognition 
of the extent of the systemic need for the delivery 
of appropriate instructional services provided by per-
sonnel initially trained and continually supported to 
meet such students’ unique educational needs. In-
deed, while the U.S. Census Bureau supports the 
contention that more than 350,000 students nation-
ally have ‘‘hearing difficulties,’’ the Department of 
Education routinely reports serving under IDEA a 
population of approximately 73,000. This occurs in 
large measure because students who are deaf or 
hard of hearing who also have additional disabilities 
are frequently formally classified by State and local 
educational agencies as having multiple disabilities. 
Consequently, such students’ hearing disabilities are 
not fully acknowledged either in terms of educational 
agency recognized need for personnel trained to 
serve such students, or in terms of an individual stu-
dent’s need for the services of such personnel. 
(8) It is critical that State and local educational 
agencies be better prepared to meet these largely 
unmet needs. To reach this goal, teachers of the 
deaf and their colleagues in related services must be 
better supported to provide the full array of special-
ized instruction and services required by deaf and 
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hard of hearing students. Proper assessment of the 
unique needs of students who are deaf or hard of 
hearing, along with proper deployment of specialized 
instruction and interventions, must keep pace with 
the most current educational theories and practices 
and be based on the best available evidence. Signifi-
cantly greater accountability for results for students 
who are deaf or hard of hearing, including those 
with additional disabilities, must be built into Amer-
ica’s special education system if deaf and hard of 
hearing students are to succeed. And it is imperative 
that all deaf and hard of hearing students, regard-
less of disability category, are identified and their 
learning needs fully accounted for. 
(9) Deaf and hard of hearing children across 
the United States should experience the same kind 
of access to language development, social interaction, 
and academic opportunities experienced by their 
peers. Deaf and hard of hearing children are as di-
verse as any other group of children, and the choices 
in communication, educational placement options, 
and other decisions are complex and need to be indi-
vidualized. 
(10) Existing high quality resources must be 
preserved and leveraged so that students who are 
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deaf or hard of hearing do not fall farther behind. 
Specialized schools for children who are deaf and 
hard of hearing perform a unique service and must 
be valued and maintained as part of the continuum 
of alternative placements. Both special schools and 
center-based programs serving children who are deaf 
or hard of hearing should be tapped for the expert 
personnel and services such resources can offer, and 
IDEA’s worthy policy objective to ensure the full in-
tegration of children with disabilities ought not be 
allowed to frustrate the delivery of all appropriate 
services to children with unique needs, whether those 
services be provided at a specialized school, a local 
school, or some combination of the two. 
SEC. 102. 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: 
‘‘(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 
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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.’’. 
(c) 
CHILD
WITH
A
DISABILITY.—Section 
602(3)(A)(i) (20 U.S.C. 1401(3)(A)(i)) is amended to 
read as follows: 
‘‘(i) with intellectual disabilities, who 
is deaf or hard of hearing, with speech or 
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language impairments, visual impairments 
(including blindness), serious emotional 
disturbance (referred to in this part as 
‘emotional disturbance’), orthopedic im-
pairments, autism, traumatic brain injury, 
other health impairments, or specific learn-
ing disabilities; and’’. 
SEC. 103. 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 Mact 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-
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ment or deafness) are evaluated by qualified 
professionals, using valid and reliable assess-
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). 
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‘‘(2) CONTENTS.—In preparing the addendum 
described in paragraph (1), the State shall— 
‘‘(A) specifically address how the State 
meets the needs of deaf and hard of hearing 
students to support ongoing progress in lan-
guage development, including American Sign 
Language and spoken language with or without 
visual supports, and including the provision of 
school-related opportunities for direct commu-
nications with peers and professional personnel 
in the child’s language and opportunities for di-
rect instruction in the child’s language, as well 
as instruction in audiology, age appropriate ca-
reer education, communication and language, 
social skills, functional skills for academic suc-
cess, self-determination and advocacy (including 
preparation for transition to work or higher 
education), social emotional skills, technology, 
and support for the student through family 
education; and 
‘‘(B) consult with individuals and organiza-
tions with expertise in the education of children 
who are deaf or hard of hearing, including par-
ents, schools for the deaf, consumer and advo-
cacy organizations, State commissions of the 
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deaf, researchers, teachers of students who are 
deaf or hard of hearing, and others the State 
may identify.’’. 
SEC. 104. EVALUATIONS. 
Section 614(b) (20 U.S.C. 1414(b)) is amended by 
adding at the end the following: 
‘‘(7) CHILDREN WHO ARE DEAF OR HARD OF 
HEARING.— 
‘‘(A) IN GENERAL.—In conducting the as-
sessments prescribed in paragraph (3)(B), chil-
dren who are deaf or hard of hearing (including 
children who may have additional disabilities) 
shall be evaluated on language and communica-
tion proficiency levels, including expressive, re-
ceptive, and pragmatic skills, and ability to ac-
cess grade level content in the student’s pri-
mary language, including American Sign Lan-
guage and spoken language with or without vis-
ual supports, and written English. Determina-
tion of the need for special education and re-
lated services shall include evaluation of such 
children’s unique learning needs, including 
needs for direct communication, without an 
intermediary such as an interpreter, with peers 
and professionals in the child’s primary lan-
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guage, including American Sign Language and 
spoken language with or without visual sup-
ports, and instruction which may be needed by 
students without disabilities or with other dis-
abilities but which must be specifically de-
signed, modified, or delivered to meet the 
unique learning needs of students who are deaf 
or hard of hearing. 
‘‘(B) CONTENT
OF
EVALUATIONS.—The 
evaluations described in subparagraph (A) shall, 
at a minimum, include evaluations assessing the 
need for services and settings to assist the child 
in developing or maintaining age appropriate 
language and communication levels in the stu-
dent’s primary language, including American 
Sign Language and spoken language with or 
without visual supports, social development, lit-
eracy instruction, instruction in assistive tech-
nology proficiency, self sufficiency and inter-
action self determination, socialization, recre-
ation and fitness, and independent living skills), 
and age appropriate career education.’’. 
SEC. 105. INDIVIDUALIZED EDUCATION PROGRAM TEAM. 
Section 614(d)(1)(B) (20 U.S.C. 1414(d)(1)(B)) is 
amended— 
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(1) in clause (v), by striking ‘‘(vi);’’ and insert-
ing ‘‘(vii);’’; 
(2) in clause (vi), by striking ‘‘and’’ at the end; 
(3) by redesignating clause (vii) as clause (viii); 
and 
(4) by inserting after clause (vi) the following: 
‘‘(vii) at the discretion of the parent 
or the agency, a representative of a State- 
operated, State-supported, or State-aided 
school for the deaf; and’’. 
SEC. 106. CONSIDERATION OF SPECIAL FACTORS. 
Section 
614(d)(3)(B)(iv) 
(20 
U.S.C. 
1414(d)(3)(B)(iv)) is amended to read as follows: 
‘‘(iv) in the case of a child who is deaf 
or hard of hearing, provide for— 
‘‘(I) the child’s language and 
communication needs, opportunities 
for direct communications, without an 
intermediary such as an interpreter, 
with peers and professional personnel 
in the child’s primary language, in-
cluding American Sign Language and 
spoken language with or without vis-
ual supports, academic level, and full 
range of needs, including opportuni-
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ties for direct instruction in the 
child’s language; and 
‘‘(II) instruction meeting the 
child’s unique learning needs, includ-
ing services and settings to assist the 
child in developing or maintaining age 
appropriate language and communica-
tion levels in the student’s primary 
language, including American Sign 
Language and spoken language with 
or without visual supports, literacy in-
struction, instruction which may be 
needed by students without disabilities 
or with other disabilities but which 
must be specifically designed, modi-
fied, or delivered to meet the unique 
learning needs of students who are 
deaf or hard of hearing. Such instruc-
tion includes assistive technology pro-
ficiency; self sufficiency and inter-
action, self determination, socializa-
tion, independent living skills, and age 
appropriate career education;’’. 
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SEC. 107. MONITORING. 
Section 616(a) (20 U.S.C. 1416(a)) is amended by 
adding at the end the following: 
‘‘(5) ENHANCED
MONITORING
OF
SERVICES 
FOR CERTAIN STUDENTS.—In carrying out the re-
sponsibilities of this subsection, the Secretary shall 
specifically 
monitor 
compliance 
with 
sections 
612(a)(3), 612(a)(5), 614(b), and clauses (iii) and 
(iv) of section 614(d)(3)(B), as such sections are 
amended by the Alice Cogswell and Anne Sullivan 
Macy Act, and shall regularly report findings to the 
Congress.’’. 
SEC. 108. CONTINUUM OF SERVICE DELIVERY OPTIONS. 
(a) ENSURING CONTINUUM AVAILABILITY.—Section 
612(a)(5) (20 U.S.C. 1412(a)(5)) is amended by adding 
at the end the following: 
‘‘(C) 
CONTINUUM
OF
ALTERNATIVE 
PLACEMENTS.—The State shall ensure that a 
full continuum of alternative placements is 
available to meet the needs of children with dis-
abilities for special education and related serv-
ices. Such continuum must include instruction 
in regular classes, special classes, special 
schools, home instruction, and instruction in 
hospitals and institutions, and must make pro-
vision for supplementary services (such as re-
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source room or itinerant instruction) to be pro-
vided in conjunction with regular class place-
ment.’’. 
(b) MAINTENANCE OF SPECIALIZED SERVICES AND 
SETTINGS
FOR STUDENTS WITH SENSORY DISABIL-
ITIES.—Section 612(a)(18) (20 U.S.C. 1412(a)(18)) is 
amended by adding at the end the following: 
‘‘(E) MAINTAINING
A
CONTINUUM
OF 
PLACEMENT OPTIONS.—A State’s closure of a 
special school serving children who are blind or 
a special school serving children who are deaf 
(or the consolidation or merger of such school 
with another school), shall be considered a re-
duction of the State’s financial support for spe-
cial education and related services within the 
meaning of subparagraph (A).’’. 
SEC. 109. TECHNICAL ASSISTANCE FOR PARENTS AND EDU-
CATORS OF STUDENTS WHO ARE DEAF OR 
HARD OF HEARING. 
Section 616 (20 U.S.C. 1416) is amended by adding 
at the end the following: 
‘‘(j) MAINTAINING CURRENT DEAF STUDENTS EDU-
CATION SERVICE POLICY GUIDANCE.—The Secretary 
shall ensure that not later than one year after the date 
of the enactment of the Alice Cogswell and Anne Sullivan 
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Macy Act (and periodically thereafter but at least within 
five-year intervals), policy guidance concerning the provi-
sion of special education and related services to deaf and 
hard of hearing students (published in the Federal Reg-
ister on October 26, 1992) is reviewed and updated (with 
particular attention to explanation of relevant amend-
ments to this Act or to its implementing regulations) and 
is published in the Federal Register.’’. 
Subtitle B—Improving the Effec-
tiveness of Early Intervention 
for Deaf or Hard of Hearing In-
fants and Toddlers and Their 
Families 
SEC. 111. QUALIFIED PERSONNEL. 
Section 632(4)(F) (20 U.S.C. 1432(4)(F)) is amend-
ed— 
(1) in clause (xi), by striking ‘‘and’’ at the end; 
(2) in clause (xii), by adding ‘‘and’’ at the end; 
and 
(3) by adding at the end the following: 
‘‘(xiii) teachers of infants and toddlers 
with sensory disabilities;’’. 
SEC. 112. NATURAL ENVIRONMENT. 
Section 632(4)(G) (20 U.S.C. 1432(4)(G)) is amend-
ed to read as follows: 
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‘‘(G) to the maximum extent appropriate, 
are provided in natural environments, including 
the home, and community settings in which 
children without disabilities participate. For in-
fants and toddlers with sensory disabilities, 
such as deafness, blindness, or deaf-blindness, 
the natural environment shall include— 
‘‘(i) specialized schools, centers, and 
other programs where the child’s language, 
including American Sign Language and 
spoken language with or without visual 
supports, is the primary language and 
mode of communication; or 
‘‘(ii) any other environment where 
services meeting unique needs are avail-
able; and’’. 
SEC. 113. CONTENT OF PLAN. 
Section 636(d)(3) (20 U.S.C. 1436(d)(3)) is amended 
by adding before the semicolon at the end the following: 
‘‘and in the case of an infant or toddler who is deaf or 
hard of hearing, a statement of the ongoing language and 
communication assessment that will be provided to the 
child, language and communication development goals 
commensurate with the child’s cognitive abilities, and a 
statement of the language and communication access that 
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will be provided, including ongoing opportunities for direct 
language learning and communication access to peers, 
early intervention service providers, and other professional 
personnel in the child’s language, including American Sign 
Language and spoken language with or without visual 
supports; support and instruction for families to learn and 
support the child’s language and communication mode; 
and the child’s full range of needs’’. 
Subtitle C—National Activities To 
Improve Education of Children 
With Disabilities 
SEC. 121. PERSONNEL DEVELOPMENT TO IMPROVE SERV-
ICES AND RESULTS FOR CHILDREN WITH DIS-
ABILITIES. 
(a) LICENSING OF EDUCATIONAL INTERPRETERS.— 
Section 662(c)(2)(E) (20 U.S.C. 1462(c)(2)(E)) is 
amended to read as follows: 
‘‘(E) Preparing personnel to be qualified 
educational interpreters, as licensed by the ap-
propriate licensing body, to assist children with 
low incidence disabilities, particularly deaf and 
hard of hearing children, in school and school 
related activities, and deaf and hard of hearing 
infants and toddlers and preschool children in 
early intervention and preschool programs.’’. 
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(b) ENSURING SUFFICIENT TEACHERS OF THE DEAF 
AND
EARLY
INTERVENTION
SPECIALISTS.—Section 
662(c)(2) (20 U.S.C. 1462(c)(2)) is amended— 
(1) by redesignating subparagraphs (F) and 
(G) as subparagraphs (G) and (H), respectively; and 
(2) by inserting after subparagraph (E) the fol-
lowing: 
‘‘(F) Preparing personnel to be qualified 
teachers of the deaf and early intervention spe-
cialists, to assist children with low incidence 
disabilities, particularly deaf and hard of hear-
ing children, to develop age appropriate lan-
guage, including American Sign Language and 
spoken language with or without visual sup-
ports, and age appropriate literacy skills in 
school and school related activities, and deaf 
and hard of hearing infants and toddlers and 
preschool children in early intervention and pre-
school programs.’’. 
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TITLE II—IMPROVING THE EF-
FECTIVENESS 
OF 
SPECIAL 
EDUCATION 
AND 
RELATED 
SERVICES 
FOR 
STUDENTS 
WITH VISUAL DISABILITIES 
Subtitle A—General Provisions 
SEC. 201. FINDINGS. 
The Congress finds the following: 
(1) When renowned American author, Mark 
Twain, immortalized Helen Keller’s beloved teacher, 
Anne Sullivan Macy, with the moniker ‘‘the miracle 
worker’’, his words, though meant as well-deserved 
praise, reflect the misconception persisting even 
today that educating individuals with disabilities is 
a nearly insurmountable task requiring extraor-
dinary feats performed by exceptionally gifted and 
saintly persons. To be sure, the work of teaching 
children with disabilities can and does occur when 
committed and qualified but everyday special edu-
cators are properly prepared and supported to prac-
tice their professions. However, the educational sys-
tems within which they act must also be held ac-
countable for results. 
(2) Research demonstrates that students with 
visual disabilities are among the highest performing 
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students with disabilities in terms of academic 
achievement, and yet they are among the least em-
ployed, even after successful accomplishment of post- 
secondary academic objectives. Many factors con-
tribute to this unacceptable inequity, including em-
ployer discrimination, low expectations of people 
with disabilities generally, and a lack of student 
preparation for the work world and full participation 
in society. 
(3) It is clear that America’s special education 
system needs to be improved if the most successful 
academic achievers are to leave school prepared to 
be independent and productive citizens who can par-
ticipate fully in the American dream. Such improve-
ments must better account for the distinct academic 
and related learning needs of students with visual 
disabilities who can only succeed both when visual- 
disabilities-specific skills are taught and when gen-
erally-needed skills are taught in a manner that ad-
dresses, rather than ignores, the unique ways in 
which students with visual disabilities learn. 
(4) A principal way that students without visual 
disabilities acquire knowledge and skills is through 
incidental learning, the process of observing others 
and the environment that occurs naturally at home, 
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at school and in community, and deficits in inci-
dental learning leave students with visual disabilities 
behind in the acquisition of an array of skill areas. 
In addition to core academics such as reading, math-
ematics and science, students with visual disabilities 
must also receive instruction in the so-called ex-
panded core curriculum, a comprehensive array of 
specialized instruction and services maximizing the 
capacity of students with visual disabilities to learn 
effectively and live both productively and independ-
ently. The expanded core curriculum includes in-
struction in communication and productivity (includ-
ing Braille instruction, and assistive technology pro-
ficiency inclusive of low vision devices); self-suffi-
ciency and interaction (including orientation and 
mobility, self determination, sensory efficiency, so-
cialization, recreation and fitness, and independent 
living skills); and age appropriate career education. 
(5) Special education teachers, such as teachers 
of students with visual impairments (TVIs), partner 
with related services personnel, such as orientation 
and mobility instructors, and general educators to 
provide students with disabilities individualized qual-
ity academic and related instruction to position stu-
dents, to the maximum extent possible, for success-
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ful transition to post-school independent living, soci-
etal integration, and employment. To do their jobs 
well, TVIs and their colleagues in related services 
must be both initially properly trained and contin-
ually supported through readily available resources 
and continuing education to assist them in dealing 
with the constant evolution in instructional methods, 
the vast diversity of the population with which they 
work, enormous case loads, and the scarcity of time 
to devote necessary individualized attention to each 
student with visual disabilities. Both the need for an 
expanded variety of continuing education opportuni-
ties for TVIs and the need for preparation programs 
producing personnel who can serve the full diversity 
of needs within the population of students with vis-
ual disabilities have been well documented. 
(6) Since the 1997 reauthorization of the Indi-
viduals with Disabilities Education Act (IDEA), stu-
dents who are blind have been entitled to instruction 
in Braille and use of Braille unless the individualized 
education program (IEP) team makes an affirmative 
determination that such instruction is not appro-
priate for a given student. Nevertheless, it has been 
forcefully argued that few students today who should 
be receiving instruction in Braille are indeed receiv-
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ing it and that this lack of Braille instruction con-
tributes mightily to the inability of graduates with 
visual disabilities to participate fully in the work-
force. Since the U.S. Department of Education does 
not require State and local educational agencies to 
fully and accurately account for their legal obliga-
tions to provide Braille instruction to each student 
for whom such instruction is appropriate, it is not 
possible to confirm systemically whether such agen-
cies are in compliance with current law. Given that 
students with visual disabilities require more support 
than they are currently receiving nationally to ac-
quire services and skills comprising the expanded 
core curriculum, and given that provision of cur-
rently required instruction for such students, such 
as Braille, cannot be adequately assured, IDEA 
must be strengthened and supplemented to ensure 
that students with visual disabilities truly receive a 
free and appropriate public education. 
(7) A prerequisite to better meeting these de-
monstrable needs is every State and local edu-
cational agency’s identification and proper evalua-
tion of each student who experiences visual dis-
ability, regardless of whether such student may have 
other, even potentially more significant, disabilities. 
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While IDEA does not mandate that State and local 
educational agencies classify students into specific 
disability categories, the widespread use of IDEA’s 
disability categories has led to a sizable undercount 
of students with visual disabilities and, consequently, 
a lack of recognition of the extent of the systemic 
need for the delivery of appropriate instructional 
services provided by personnel initially trained and 
continually supported to meet such students’ unique 
educational needs. Indeed, while research supports 
the contention that more than 100,000 students na-
tionally who have visual disabilities require special 
education and related services, the Department of 
Education routinely reports the size of this popu-
lation at one third such census. This occurs in large 
measure because students who are blind or visually 
impaired who also have additional disabilities are 
frequently formally classified by State and local edu-
cational agencies as having multiple disabilities. 
Consequently, such students’ visual disabilities are 
not fully acknowledged either in terms of educational 
agency recognized need for personnel trained to 
serve such students, or in terms of an individual stu-
dent’s need for the services of such personnel. 
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(8) It is critical that State and local educational 
agencies be better prepared to meet these largely 
unmet needs. To reach this goal, TVIs and their col-
leagues in related services must be better supported 
to provide the full array of specialized instruction 
and services required by students with visual disabil-
ities. Proper assessment of the unique needs of stu-
dents with visual disabilities, along with proper de-
ployment of specialized instruction and interven-
tions, must keep pace with the most current edu-
cational theories and practices and be based on the 
best available evidence. Significantly greater ac-
countability for results for students with visual dis-
abilities, including those with additional disabilities, 
must be built into America’s special education sys-
tem if students with visual disabilities are to succeed 
as they can and must. And it is imperative that all 
students with visual disabilities, regardless of dis-
ability category, are identified and their learning 
needs fully accounted for. 
(9) While examples of contexts do exist around 
the country, from specialized schools to neighbor-
hood schools, demonstrating successful provision of a 
full range of services and instruction meeting the 
unique needs of students with visual disabilities, the 
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services and instruction afforded by such exemplary 
programs are far from nationally consistent and 
must be recognized and modeled. To replicate and 
build on these successes, a national resource is need-
ed to supplement the work of State and local edu-
cational agencies through student enrichment activi-
ties, to support TVIs and related services personnel 
through state-of-the-art continuing education oppor-
tunities, and to spur the further advancement of in-
structional services for students with visual disabil-
ities through scientific research and evidence-based 
best practices. 
(10) While these clarifications and enhance-
ments must be made, it is vital that existing high 
quality resources be preserved and leveraged so that 
students with visual disabilities do not fall farther 
behind. Specialized schools for children who are 
blind must be expected to perform but must not fall 
victim to mere State budget expediency. Both special 
schools and center-based programs serving children 
with visual disabilities should be tapped for the ex-
pert personnel and services such resources can offer, 
and IDEA’s worthy policy objective to ensure the 
full integration of children with disabilities ought not 
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be allowed to frustrate the delivery of all appropriate 
services to children with unique needs. 
SEC. 202. IDENTIFYING STUDENTS WITH VISUAL DISABIL-
ITIES. 
(a) SERVING ALL CHILDREN WITH VISUAL DISABIL-
ITIES
REGARDLESS
OF
CLASSIFICATION.—Section 
612(a)(3) (20 U.S.C. 1412(a)(3)), as amended by section 
102 of this Act, is further amended at the end by adding 
the following new subparagraph: 
‘‘(D) SERVING
CHILDREN
WITH
VISUAL 
DISABILITIES.—When a State classifies children 
by disability, the State, in complying with sub-
section (a), identifies, locates and evaluates 
children with visual disabilities who are, or may 
be, classified in a disability category other than 
blindness and provides (without prejudice to 
such classification) special education and re-
lated services to such children, including such 
services determined appropriate based on prop-
er evaluation as would be provided to children 
classified in the State as having blindness.’’. 
(b) DATA COLLECTION AND REPORTING.—Section 
618 (20 U.S.C. 1418), as amended by section 102 of this 
Act, is further amended by adding at the end the fol-
lowing: 
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‘‘(f) ACCOUNTING
FOR VISUAL DISABILITIES.—In 
addition to the data collection and reporting requirements 
of subsections (a) through (d) and subject to such provi-
sions, the State and the Secretary of the Interior shall, 
with respect to children classified in a disability category 
other than blindness, include the number and percentage 
of such children in each disability category who are also 
blind or otherwise have visual disabilities.’’. 
SEC. 203. STATE PLANS. 
Section 612 (20 U.S.C. 1412), as amended by section 
103 of this Act, is further amended at the end by adding 
the following: 
‘‘(h) ADDENDUM CONCERNING STUDENTS WITH 
VISUAL DISABILITIES.— 
‘‘(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 
2 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 with visual disabilities (re-
gardless of the State’s use of disability cat-
egories or the extent to which children with vis-
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ual disabilities may be classified in disability 
categories other than blindness) are evaluated 
for such children’s need for instruction and 
services meeting their unique academic and re-
lated 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 academic and related 
learning needs of children with visual disabil-
ities; 
‘‘(B) there is sufficient availability of per-
sonnel within the State qualified to provide the 
instruction described in subparagraph (A) to all 
children within the State requiring such in-
struction; and 
‘‘(C) all children with visual disabilities 
within the State who need special education and 
related services, whether or not such children 
have other disabilities, receive such instruction 
and are not being served solely in accordance 
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— 
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‘‘(A) specifically address how the State 
meets the needs of students with visual disabil-
ities for instruction in communication and pro-
ductivity (including Braille instruction and as-
sistive technology proficiency); self-sufficiency 
and interaction (including orientation and mo-
bility, self- determination, sensory efficiency, so-
cialization, recreation and fitness, and inde-
pendent living skills); and age appropriate ca-
reer education; 
‘‘(B) describe both the methods to be used 
within the State to properly evaluate students’ 
need for low vision devices and the process by 
which such devices will be provided to each stu-
dent for whom such devices are determined ap-
propriate by the IEP team; and 
‘‘(C) consult with individuals and organiza-
tions with expertise in the education of children 
with visual disabilities, including parents, con-
sumer and advocacy organizations, and teachers 
of students with visual impairments and others 
the State may identify.’’. 
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SEC. 204. EVALUATIONS. 
Section 614(b) (20 U.S.C. 1414(b)), as amended by 
section 104 of this Act, is further amended by adding at 
the end the following new paragraph: 
‘‘(8) VISUAL DISABILITIES.— 
‘‘(A) IN GENERAL.—In conducting the as-
sessments prescribed in paragraph (3)(B), de-
termination of the need of children with visual 
disabilities (including children who may have 
additional disabilities) for special education and 
related services shall include evaluation of such 
children’s unique learning needs, including 
needs for instruction which may be needed by 
students without disabilities or with other dis-
abilities but which must be specifically de-
signed, modified, or delivered to meet the 
unique learning needs of students with visual 
disabilities. 
‘‘(B) CONTENT
OF
EVALUATIONS.—The 
evaluations described in subparagraph (A) shall, 
at a minimum, include evaluations assessing the 
need for instruction in assistive technology pro-
ficiency (inclusive of low vision devices), self 
sufficiency and interaction (including orienta-
tion and mobility, self determination, sensory 
efficiency, socialization, recreation and fitness, 
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and independent living skills), and age-appro-
priate career education.’’. 
SEC. 205. CONSIDERATION OF SPECIAL FACTORS. 
Section 
614(d)(3)(B)(iii) 
(20 
U.S.C. 
1414(d)(3)(B)(iii)) is amended to read as follows: 
‘‘(iii) in the case of a child who is 
blind or visually impaired, provide for— 
‘‘(I) instruction in Braille and 
the use of Braille unless the IEP 
Team determines, after an evaluation 
of the child’s reading and writing 
skills, needs, and appropriate reading 
and writing media (including an eval-
uation of the child’s future needs for 
instruction in Braille or the use of 
Braille), that instruction in Braille or 
the use of Braille is not appropriate 
for the child; and 
‘‘(II) instruction meeting the 
child’s unique learning needs, includ-
ing instruction which may be needed 
by students without disabilities or 
with other disabilities but which must 
be specifically designed, modified, or 
delivered to meet the unique learning 
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needs of students with visual disabil-
ities. Such instruction includes assist-
ive technology proficiency (inclusive of 
low vision devices); self sufficiency 
and interaction (including orientation 
and mobility, self determination, sen-
sory efficiency, socialization, recre-
ation and fitness, and independent liv-
ing skills); and age appropriate career 
education;’’. 
SEC. 206. TECHNICAL ASSISTANCE FOR PARENTS AND EDU-
CATORS OF STUDENTS WITH VISUAL DISABIL-
ITIES. 
Section 616 (20 U.S.C. 1416), as amended by section 
109, is further amended by adding at the end the fol-
lowing: 
‘‘(k) MAINTAINING CURRENT POLICY GUIDANCE FOR 
PARENTS AND EDUCATORS OF STUDENTS WITH VISUAL 
DISABILITIES.—The Secretary shall ensure that not later 
than 1 year after the date of the enactment of the Alice 
Cogswell and Anne Sullivan Macy Act (and periodically 
thereafter but at least within 5-year intervals), policy 
guidance concerning the provision of special education and 
related services to students with visual disabilities (last 
published in the Federal Register on June 8, 2000) is re-
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viewed and updated (with particular attention to expla-
nation of relevant amendments to the Alice Cogswell and 
Anne Sullivan Macy Act or to its implementing regula-
tions) and is published in the Federal Register.’’. 
Subtitle B—Anne Sullivan Macy 
Center on Visual Disability and 
Educational Excellence 
SEC. 211. CENTER ESTABLISHMENT AND MISSION. 
(a) ESTABLISHMENT.—There is established within 
the Department of Education a national program named 
the Anne Sullivan Macy Center on Visual Disability and 
Educational Excellence which shall carry out the activities 
described in section 213 in furtherance of the mission de-
scribed in subsection (b). 
(b) MISSION.—The mission of the program estab-
lished in subsection (a) is to improve the capacity of stu-
dents with visual disabilities receiving special education 
and related services to learn effectively and live both pro-
ductively and independently through— 
(1) development and dissemination of curricula, 
courses, materials, and methods supporting the con-
tinuing education of personnel qualified under State 
law to serve as teachers of students with visual im-
pairments and related services personnel serving 
such children; 
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(2) support for the establishment of new pro-
grams within institutions of higher education to pre-
pare teachers of students with visual impairments to 
serve students with visual disabilities who also have 
additional disabilities; 
(3) model local, regional, and national enrich-
ment projects open to students with visual disabil-
ities intended to supplement State and local edu-
cational agency provision of specialized instruction 
and services meeting such students’ unique learning 
needs; and 
(4) research identifying, developing, and evalu-
ating valid assessments and effective interventions 
measuring and addressing the unique needs of stu-
dents with visual disabilities, including need for in-
struction and services which may be needed by stu-
dents without disabilities or with other disabilities 
but which must be specifically designed, modified, or 
delivered to meet the unique learning needs of stu-
dents with visual disabilities. At a minimum, such 
instruction and services include communication and 
productivity (including braille instruction, and as-
sistive technology proficiency inclusive of low vision 
devices); self-sufficiency and interaction (including 
orientation and mobility, self-determination, sensory 
VerDate Mar 15 2010 
06:00 Feb 15, 2014
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H4040
rfrederick on DSK6VPTVN1PROD with BILLS