(2) not less than 1 national nonprofit organiza-
tion, which may include a manufacturer of products 
or publisher of materials or a special school or cen-
ter with demonstrated experience directly serving 
children who are blind or visually impaired (includ-
ing students who may or may not have additional 
disabilities); 
(3) not less than 1 institution of higher edu-
cation that— 
(A) has consistently maintained for not 
less than 10 years a program of instruction pre-
paring teachers of children who are blind or vis-
ually impaired or orientation and mobility spe-
cialists; and 
(B) offers a program of doctoral study in 
special education; and 
(4) any other entity or entities with which the 
entities described in paragraphs (1), (2), and (3) 
choose to partner (with approval of the Secretary). 
(c) GOVERNANCE.— 
(1) IN GENERAL.—As part of the Secretary’s 
oversight responsibilities, the Secretary shall appoint 
an advisory board (of no more than 12 individual 
members who do not have a concurrent contractual, 
fiscal, fiduciary, or employment relationship with 
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any of the entities comprising the consortium de-
scribed in subsection (b)) which shall advise the Sec-
retary and such consortium of entities with respect 
to strategic planning and annual program perform-
ance. 
(2) COMPOSITION.—The advisory board shall be 
comprised of individuals with personal or profes-
sional experience with the needs of children who are 
blind or visually impaired, and shall include parents 
of children who are blind or visually impaired (in-
cluding children with additional disabilities), admin-
istrators of special education programs (including 
State and local educational agency program adminis-
trators), and representatives of national, regional or 
community-based organizations of individuals who 
are blind or visually impaired and the professionals 
who serve them. 
(3) COMPENSATION.—The Secretary may com-
pensate the members of the advisory board for rea-
sonable expenses incurred for travel related to in- 
person meetings of the advisory board, which shall 
occur no more frequently than 3 times within a cal-
endar year. 
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(4) FACA.—The provisions of the Federal Ad-
visory Committee Act shall not apply to meetings or 
other activities of the advisory board. 
(5) CONSULTATION PRIOR TO APPOINTMENT.— 
Prior to the appointment of any individual to the ad-
visory board, the Secretary shall consult with such 
consortium of entities, which may also nominate in-
dividuals to the Secretary for advisory board mem-
bership. 
(d) STRUCTURE.—The Secretary, as part of the con-
tract or cooperative agreement described in subsection (a), 
shall ensure that such contract or cooperative agreement 
specifies any and all necessary fiscal and other responsibil-
ities between and among the entities described in sub-
section (b) whom shall propose such responsibilities to the 
Secretary in an application for award of such contract or 
cooperative agreement containing such information as the 
Secretary may require. 
SEC. 213. ACTIVITIES. 
Subject to the provisions of this subtitle, the Anne 
Sullivan Macy Center on Visual Disability and Edu-
cational Excellence shall— 
(1) conduct or fund original quantitative and 
qualitative research and publish or otherwise dis-
seminate such research; 
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(2) conduct or fund in-person and online con-
tinuing education opportunities for teachers of chil-
dren who are blind or visually impaired and related 
services personnel specifically trained to meet the 
unique learning needs of such students, and prepare, 
publish or otherwise disseminate supporting mate-
rials; 
(3) conduct or fund in-person or online enrich-
ment projects for children who are blind or visually 
impaired (including those who may also have addi-
tional disabilities) to offer direct instruction and 
services intended to improve the capacity of such 
students to learn effectively and live both produc-
tively and independently for the purpose of— 
(A) supplementing the availability of such 
instruction and services offered by State and 
local educational agencies; and 
(B) evaluating, through appropriate quan-
titative and qualitative methods, the effective-
ness of instruction and services offered by such 
projects; 
(4) fund the establishment or maintenance of 
programs within institutions of higher education pre-
paring teachers of children who are blind or visually 
impaired and related services personnel to better 
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equip such personnel both to provide expert instruc-
tion and services to infants and toddlers with blind-
ness or visual impairment and their families and to 
provide specialized instruction and services to chil-
dren with blindness and visual impairment who may 
have additional disabilities; and 
(5) enter into cooperative agreements, con-
tracts, grants (or other arrangements which may be 
permitted by the Secretary) with nonprofit organiza-
tions possessing demonstrable expertise and experi-
ence serving children who are blind or visually im-
paired or the professionals trained to work with such 
students, institutions of higher education, State and 
local educational agencies, public and private special-
ized schools serving students with visual disabilities, 
and consortia of such entities, for the purpose of 
carrying out activities authorized in this section that 
are not otherwise directly conducted, in whole or in 
part, by the Anne Sullivan Macy Center on Visual 
Disability and Educational Excellence. 
SEC. 214. AUTHORIZATION OF APPROPRIATIONS AND CAR-
RYOVER. 
(a) AUTHORIZATION OF APPROPRIATIONS.—To carry 
out the provisions of this subtitle, there are authorized to 
be appropriated such sums as may be necessary, except 
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that appropriations made during any fiscal year shall be 
maintained at the funding level appropriated in such fiscal 
year or increased over such funding level for a period of 
not less than 4 subsequent fiscal years. 
(b) CARRYOVER.—Funds appropriated pursuant to 
subsection (a) that have not been expended during the fis-
cal year for which they were appropriated shall remain 
available in the subsequent fiscal year, except that no 
more than 15 percent of a given fiscal year’s appropriation 
may be so carried over. 
SEC. 215. RELATIONSHIP TO OTHER PROGRAMS AND AC-
TIVITIES. 
(a) COORDINATION OF RESEARCH.—The Secretary 
shall ensure that research activities authorized and carried 
out pursuant to this subtitle are conducted or funded in 
coordination as appropriate with the National Center for 
Special Education Research and other divisions within the 
Department of Education responsible for research activi-
ties. 
(b) RELATIONSHIP TO SERVICES OFFERED BY THE 
AMERICAN PRINTING HOUSE FOR THE BLIND.—Nothing 
in this subtitle shall be construed to limit or otherwise con-
dition the use of any funds appropriated pursuant to the 
Act to Promote the Education of the Blind (20 U.S.C. 
101 et seq.) and no funds made available pursuant to this 
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subtitle shall be used by any State or local educational 
agency to supplant the use of funds appropriated under 
such Act. 
(c) RELATIONSHIP
TO FUNDING
FOR NATIONAL 
CENTER
ON
DEAF-BLINDNESS, STATE
DEAFBLIND 
PROJECTS, AND THE HELEN KELLER NATIONAL CEN-
TER.—The Secretary shall ensure that any activities con-
ducted or funded by the Anne Sullivan Macy Center di-
rectly serving individuals who are deafblind are coordi-
nated as appropriate with the National Center on Deaf- 
Blindness, State deafblind projects, and the Helen Keller 
National Center. No funds made available pursuant to this 
title may be used to support or supplant activities that 
are otherwise the sole responsibility of the National Center 
on Deaf-Blindness and State deafblind projects pursuant 
to sections 663(c)(8)(A) and 682(d)(1)(A) of the Individ-
uals with Disabilities Education Act (20 U.S.C. 
1463(c)(8)(A); 20 U.S.C. 1482(d)(1)(A)). No funds made 
available pursuant to this title may be used to support 
activities that are otherwise the sole responsibility of the 
Helen Keller National Center or may be used to supplant 
funds for such Center. 
(d) WORK PRODUCT.—All matter produced by the 
Anne Sullivan Macy Center on Visual Disability and Edu-
cational Excellence shall be the property of the United 
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States Government, except that entities comprising the 
consortium of entities described in section 212(b) shall be 
individually free, within the terms of the contract or coop-
erative agreement described in section 212(a), to repro-
duce, or author copyrighted derivative works, using such 
matter. 
TITLE III—IMPROVING THE EF-
FECTIVENESS 
OF 
SPECIAL 
EDUCATION 
AND 
RELATED 
SERVICES 
FOR 
CHILDREN 
AND 
YOUTH 
WHO 
ARE 
DEAFBLIND 
Subtitle A—General Provisions 
SEC. 301. IDENTIFYING CHILDREN AND YOUTH WHO ARE 
DEAFBLIND. 
(a) SERVING ALL CHILDREN WHO ARE DEAFBLIND 
REGARDLESS
OF CLASSIFICATION.—Section 612(a)(3) 
(20 U.S.C. 1412(a)(3)), as amended by sections 101(a) 
and 201(a) of this Act, is further amended by adding at 
the end the following: 
‘‘(E) 
SERVING
CHILDREN
WHO
ARE 
DEAFBLIND.—When a State classifies children 
by disability, the State, in complying with sub-
section (a)— 
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‘‘(i) identifies, locates and evaluates 
children with concomitant vision and hear-
ing losses who are, or may be, classified in 
a 
disability 
category 
other 
than 
deafblindness; and 
‘‘(ii) provides (without prejudice to 
such classification) special education and 
related services to such children, including 
the specific services determined appro-
priate based on proper evaluation as would 
be provided to children classified in the 
State as having deafblindness.’’. 
(b) DATA COLLECTION AND REPORTING.—Section 
618 (20 U.S.C. 1418), as amended by sections 101(b) and 
201(b) of this Act, is further amended by adding at the 
end the following: 
‘‘(g) ACCOUNTING
FOR
CHILDREN
WHO
ARE 
DEAFBLIND.—In addition to the other data collection and 
reporting requirements of this section and subject to such 
provisions, the State and the Secretary of the Interior 
shall, with respect to children classified in a disability cat-
egory other than deafblindness, include the number and 
percentage of such children in each disability category who 
are also deafblind.’’. 
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(c) 
CHILD
WITH
A
DISABILITY.—Section 
602(3)(A)(i) (20 U.S.C. 1401(3)(A)(i)), as amended by 
sections 101(c) and 201(c) of this Act, is further amended 
by inserting ‘‘deafblindness,’’ before ‘‘serious’’. 
SEC. 302. RELATED SERVICES. 
Section 602(26)(A) (20 U.S.C. 1401(26)(A)), as 
amended by section 206 of this Act, is further amended 
by inserting ‘‘, and intervener services, which are provided 
to children who are deafblind by a qualified intervener’’ 
after ‘‘for diagnostic and evaluation purposes only’’. 
SEC. 303. STATE PLANS. 
Section 612 (20 U.S.C. 1412), as amended by sec-
tions 102 and 202 of this Act, is further amended by add-
ing at the end the following: 
‘‘(i) ADDENDUM CONCERNING CHILDREN WHO ARE 
DEAFBLIND.— 
‘‘(1) IN GENERAL.—Notwithstanding the provi-
sions of subsection (c), a State shall not be deter-
mined to be in compliance with this section unless, 
not later than 2 years after the date of the enact-
ment of the Alice Cogswell and Anne Sullivan Macy 
Act, the State files with the Secretary a written ad-
dendum to the plan required by this section describ-
ing how the State ensures that— 
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‘‘(A) children who are deafblind (regardless 
of the State’s use of disability categories or the 
extent to which children with deafblindness may 
be classified in disability categories other than 
deafblindness) are evaluated by qualified profes-
sionals, including teachers of the deafblind, 
using valid and reliable assessments, for such 
children’s need for instruction and services that 
meet their unique language and communication, 
literacy, academic, social and related learning 
needs, including instruction which may be need-
ed by children without disabilities or with other 
disabilities but which must be specifically de-
signed, modified, or delivered to meet the 
unique language and communication, academic, 
and related learning needs of children who are 
deafblind; 
‘‘(B) there is sufficient availability of per-
sonnel, including teachers of the deafblind and 
interveners, within the State qualified to pro-
vide the evaluation, instruction, and services de-
scribed in subparagraph (A) to all children 
within the State requiring such instruction; and 
‘‘(C) all children who are deafblind within 
the State who need special education and re-
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lated 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— 
‘‘(A) specifically address how the State 
meets the needs of children who are deafblind 
to support ongoing progress in language devel-
opment and in the child’s preferred mode of 
communication, and including the provision of 
school-related opportunities for direct commu-
nications with peers and professional personnel 
in the child’s preferred mode of communication 
and opportunities for direct instruction in (but 
not limited to) concept development, functional 
skills for academic success, self-determination 
and advocacy, social-emotional skills, visual and 
auditory sensory efficiency skills, orientation 
and mobility, assistive technology proficiency, 
independent living skills, age-appropriate career 
education, and support for the student through 
family education; and 
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‘‘(B) consult with individuals and organiza-
tions with expertise in the education of children 
who are deafblind, including parents, con-
sumers, advocacy organizations, national and 
State organizations focused on deafblindness, 
and others the State may identify.’’. 
SEC. 304. EVALUATIONS. 
Section 614(b) (20 U.S.C. 1414(b)), as amended by 
sections 103(a) and 203 of this Act, is further amended 
by adding at the end the following: 
‘‘(9) CHILDREN WHO ARE DEAFBLIND.— 
‘‘(A) IN GENERAL.—In conducting the as-
sessments prescribed in paragraph (3)(B), chil-
dren who are deafblind (including children who 
may have additional disabilities) shall be evalu-
ated on language and communication pro-
ficiency levels, including expressive, receptive, 
and pragmatic skills, and ability to access grade 
level content in the child’s preferred mode of 
communication, including non-symbolic and 
symbolic communication and tactile sign lan-
guage. 
Qualified 
personnel 
trained 
in 
deafblindness, who communicate in the child’s 
preferred mode of communication, shall be ac-
tively involved in assessments and evaluations. 
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The requirements included in paragraphs 
(7)(A) and (8)(A) shall also apply to children 
who are deafblind. 
‘‘(B) CONTENT
OF
EVALUATIONS.—The 
evaluations described in subparagraph (A) shall, 
at a minimum, include evaluations assessing the 
need for services and supports to assist children 
who are deafblind in developing and maintain-
ing language and communication skills in their 
preferred mode of communication, including 
non-symbolic and symbolic communication and 
tactile sign language. Other areas of evaluation 
for children who are deafblind shall include 
those found in paragraphs (7)(B) and (8)(B).’’. 
SEC. 305. CONSIDERATION OF SPECIAL FACTORS. 
Section 614(d)(3)(B), as amended by section 105 of 
this Act (20 U.S.C. 1414(d)(3)(B)) is further amended— 
(1) in clause (iv), by striking ‘‘and’’ at the end; 
(2) by redesignating clause (v) as clause (vi); 
and 
(3) by inserting after clause (iv) the following: 
‘‘(v) in the case of a child who is 
deafblind, provide for the child’s language 
and communication needs, including tactile 
sign language, tactile and visual adapta-
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tions to sign and fingerspelling, and object 
and tangible symbol systems. The require-
ments included in clauses (iii) and (iv) 
shall also apply to children who are 
deafblind; and’’. 
SEC. 306. TECHNICAL ASSISTANCE FOR PARENTS AND EDU-
CATORS OF CHILDREN AND YOUTH WHO ARE 
DEAFBLIND. 
Section 616 (20 U.S.C. 1416), as amended by sec-
tions 108 and 205 of this Act, is further amended by add-
ing at the end the following: 
‘‘(l) DEVELOPING POLICY GUIDANCE FOR PARENTS 
AND EDUCATORS OF CHILDREN WHO ARE DEAFBLIND.— 
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, policy guidance concerning the provi-
sion of special education and related services to children 
who are deafblind is developed (and periodically thereafter 
but not less than once every 5 years, updated) with par-
ticular attention to explanation of relevant amendments 
to this Act or to its implementing regulations and is pub-
lished in the Federal Register.’’. 
SEC. 307. CONFORMING REGULATIONS. 
Section 617 (20 U.S.C. 1417) is amended by adding 
at the end the following: 
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‘‘(f) Not later than 1 year after the date of the enact-
ment of the Alice Cogswell and Anne Sullivan Macy Act, 
the Secretary shall, after notice and comment, publish reg-
ulations that provide definitions for ‘deafblindness’ and 
‘intervener services’.’’. 
Subtitle B—Improving the Effec-
tiveness of Early Intervention 
for Infants and Toddlers Who 
Are Deafblind and Their Fami-
lies 
SEC. 311. CONTENT OF PLAN. 
Section 636(d)(9) (20 U.S.C. 1436(d)), as amended 
by sections 113 and 209 of this Act, is further amended 
by adding at the end the following: 
‘‘(C) in the case of an infant or toddler who is 
deafblind, 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 abili-
ties, the language and communication access that 
will be provided, including ongoing opportunities for 
direct language learning and communication access 
to peers, early intervention service providers, and 
other professional personnel trained in the child’s 
preferred mode of communication, and the support 
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and instruction that will be provided to families to 
learn and support the child’s language and commu-
nication mode and the child’s full range of needs.’’. 
Subtitle C—National Activities To 
Improve the Education of Chil-
dren With Disabilities 
SEC. 321. PERSONNEL DEVELOPMENT TO IMPROVE SERV-
ICES AND RESULTS FOR CHILDREN WITH DIS-
ABILITIES; ENSURING SUFFICIENT TEACH-
ERS OF CHILDREN WHO ARE DEAFBLIND, 
INTERVENERS, AND EARLY INTERVENTION 
SPECIALISTS. 
Section 662(c)(2) (20 U.S.C. 1462(c)(2)), as amend-
ed by section 121(b) of this Act, is further amended— 
(1) by redesignating subparagraphs (G) and 
(H) (as redesignated by section 121(b)(1) of this 
Act) as subparagraphs (I) and (J), respectively; and 
(2) by inserting after subparagraph (F) (as in-
serted by section 121(b)(2) of this Act) the fol-
lowing: 
‘‘(G) Preparing personnel to be qualified 
teachers of children who are deafblind and early 
intervention specialists, to assist children who 
are deafblind in schools and school-related ac-
tivities, as well as toddlers and preschool chil-
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dren who are deafblind in early intervention 
and preschool programs, to develop communica-
tion and literacy skills, to be able to access, or-
ganize and utilize information about the envi-
ronment, and to acquire concepts essential for 
learning. 
‘‘(H) Preparing personnel to be qualified 
interveners as individualized supports to assist 
children who are deafblind in school and school- 
related activities, and infants and toddlers and 
preschool children who are deafblind in early 
intervention and preschool programs.’’. 
Æ 
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