II 118th CONGRESS 1st Session S. 2945 IN THE SENATE OF THE UNITED STATES September 27 (legislative day, September 22), 2023 Mr. Markey (for himself, Mrs. Capito , Ms. Warren , and Mr. Braun ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To promote and ensure delivery of high-quality special education and related services to children and youth who are blind or visually impaired, deaf, hard of hearing, deafdisabled, or deafblind through instructional methodologies meeting their unique language and learning needs, to enhance accountability for the provision of such services, and for other purposes.

1. Short title; references; table of contents (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 considered to be made to a section or other provision of the Individuals 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. Sec. 3. Findings. Sec. 4. Definitions. Title I—IMPROVING THE EFFECTIVENESS OF SPECIAL EDUCATION AND RELATED SERVICES FOR CHILDREN AND YOUTH WHO ARE DEAF, HARD OF HEARING, OR DEAFDISABLED Subtitle A—General Provisions Sec. 101. Identifying children and youth who are deaf, hard of hearing, or deafdisabled. Sec. 102. State plans. Sec. 103. Evaluations. Sec. 104. Individualized education program team. Sec. 105. Consideration of special factors. Sec. 106. Monitoring. Sec. 107. Continuum of service delivery options. Sec. 108. Technical assistance for parents and educators of children and youth who are deaf, hard of hearing, or deafdisabled. Subtitle B—Improving the Effectiveness of Early Intervention for Deaf, Hard of Hearing, or Deafdisabled Infants and Toddlers and Their Families Sec. 111. Qualified personnel. Sec. 112. Natural environment. Sec. 113. Content of plan. 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 CHILDREN AND YOUTH WHO ARE BLIND OR VISUALLY IMPAIRED Subtitle A—General Provisions Sec. 201. Identifying children and youth who are blind or visually impaired. Sec. 202. State plans. Sec. 203. Evaluations. Sec. 204. Consideration of special factors. Sec. 205. Technical assistance for parents and educators of children and youth who are blind or visually impaired. Sec. 206. Related services. Sec. 207. Personnel development to improve services and results for children with blindness or visual impairment. Sec. 208. Clarifying eligible users of accessible instructional materials. Subtitle B—Specialized Early Childhood Intervention Services to Infants and Toddlers Who are Blind or Visually Impaired Sec. 209. Content of plan. Subtitle C—Anne Sullivan Macy Center on Visual Disability and Educational Excellence Sec. 211. Center establishment and mission. Sec. 212. Administration; eligibility; governance; structure. Sec. 213. Activities. Sec. 214. Authorization of appropriations and carryover. Sec. 215. Relationship to other programs and activities. Title III—IMPROVING THE EFFECTIVENESS OF SPECIAL EDUCATION AND RELATED SERVICES FOR CHILDREN AND YOUTH WHO ARE DEAFBLIND Subtitle A—General Provisions Sec. 301. Identifying children and youth who are deafblind. Sec. 302. Related services. Sec. 303. State plans. Sec. 304. Evaluations. Sec. 305. Consideration of special factors. Sec. 306. Technical assistance for parents and educators of children and youth who are deafblind. Sec. 307. Conforming regulations. Subtitle B—Improving the Effectiveness of Early Intervention for Infants and Toddlers who are Deafblind and Their Families Sec. 311. Content of plan. Subtitle C—National Activities To Improve the Education of Children with Disabilities Sec. 321. Personnel development to improve services and results for children with disabilities; ensuring sufficient teachers of children who are deafblind, interveners, and early intervention specialists. 2. Purposes The purposes of this Act are as follows: (1) To better ensure delivery of high quality special education and related services to children and youth who are blind or visually impaired, deaf, hard of hearing, deafdisabled, or deafblind through specialized instructional services and methodologies designed to meet their unique language and learning needs. (2) To better ensure delivery of high quality early intervention services to children and youth who are deaf, hard of hearing, deafdisabled, or deafblind, and their families, through specialized services and methodologies designed to meet their unique language and other developmental needs. (3) To foster the proliferation of research supporting the development and evaluation of effective and innovative assessments and instructional methodologies consonant with the unique learning needs of children and youth who are blind or visually impaired. (4) To enhance accountability for the provision of such services. (5) To support the development of personnel serving children and youth who are blind or visually impaired, deaf, hard of hearing, deafdisabled, or deafblind. 3. Findings Congress finds the following: (1) When American author, Mark Twain, immortalized Helen Keller’s teacher, Anne Sullivan Macy, with the moniker the miracle worker , his words, though meant as praise, reflect the misconception that educating individuals with disabilities is a nearly insurmountable task requiring extraordinary feats performed by gifted and saintly persons. Rather, the work of teaching children with disabilities can and does occur when committed and qualified but everyday special educators are properly prepared and supported to practice their professions. Yet, the educational systems within which they act must also be held accountable for results. (2) In 1817, Thomas Hopkins Gallaudet and a deaf teacher, Laurent Clerc, opened the first school in the United States for deaf students—the American School for the Deaf—with young Alice Cogswell as its first pupil. Ultimately the school grew into a national institution and the mother of many other schools. As Alice demonstrated, deaf, hard of hearing, or deafdisabled children can learn and achieve to high levels when they have full access to language, are taught by professionals with specialized training, and have access to educational placements that recognize and provide for their language, social-emotional, and academic needs. (3) Deaf, hard of hearing, and deafdisabled children who are identified early and receive appropriate early intervention from specialized, qualified providers achieve higher academic and language outcomes. However, as of the date of enactment of this Act, early intervention services often are limited to one language, many children are lost to follow-up, and there are severe shortages of specialized early intervention professionals, resulting in many deaf, hard of hearing, and deafdisabled children not reaching their appropriate milestones and experiencing language deprivation, impacting their full lives. (4) Research demonstrates that children and youth who are blind or visually impaired are among the highest performing students with disabilities in terms of academic achievement, and yet they are among the least employed, even after successful accomplishment of postsecondary academic objectives. (5) Likewise, children and youth who are deafblind have the same capacity to learn and achieve as any other children. However, they must have ongoing access to the same environmental and educational information that their sighted and hearing peers can access automatically. These children require direct learning experiences, including hands-on experiences and intense involvement in educational routines and activities. They must receive specialized direct instruction in their accessible language in a range of academic and functional areas. (6) Children and youth who are deaf, hard of hearing, deafdisabled, or deafblind require more language access and support to acquire skills than they are, as of the date of enactment of this Act, predominantly receiving in local school districts struggling to find qualified personnel, so that such individuals risk experiencing language deprivation. It has been the Department of Education’s position since 1992 that [a]ny educational setting that does not meet the communication and related needs of a child who is deaf does not allow for the provision of [a Free Appropriate Public Education] and cannot be considered the [Least Restrictive Environment] for that child . (7) Moreover, a principal way that sighted and hearing children and youth acquire knowledge and skills is through incidental learning, naturally observing others and the environment. Deficits in incidental learning leave children and youth with sensory disabilities behind in an array of skill areas. In addition to core academics, deaf, hard of hearing, and deafdisabled children and youth, for example, must also receive specialized instruction and services designed to maximize their capacity to learn effectively and live productively and independently. Similarly, children and youth who are blind or visually impaired must also receive instruction in the expanded core curriculum, a comprehensive array of specialized instruction and services maximizing the capacity of children and youth who are blind or visually impaired to learn effectively and live productively and independently. (8) The widespread use by States of the Individuals with Disabilities Education Act’s disability categories has led to a sizable undercount of children and youth 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 because children and youth with sensory disabilities who also have additional disabilities are frequently formally classified as having multiple disabilities. Consequently, their vision, hearing, or concomitant vision and hearing disabilities and related support needs are not fully acknowledged. (9) It also must be acknowledged and recognized that the population of deaf, hard of hearing, or deafdisabled children and youth is inherently diverse, with 55 percent or more being children of color. In contrast, less than 10 percent of personnel, including teachers of deaf, hard of hearing, or deafdisabled children and youth, and interpreters, are people of color. (10) Qualified teachers of the deafblind are needed to assist children and youth who are deafblind in schools and school-related activities. Also needed are qualified interveners, who work one-to-one with children and youth who are deafblind and who have training and specialized skills in deafblindness. Interveners play a critical role in the provision of a Free and Appropriate Public Education for children and youth who are deafblind, because they provide access to the information needed for learning and conceptual understanding, facilitate communication development, and promote social and emotional well-being. (11) A national resource in blindness and visual impairment is needed— (A) to supplement the work of State and local educational agencies through student enrichment activities; (B) to support teachers of children and youth who are blind or visually impaired and related services personnel through state-of-the-art continuing education opportunities; and (C) to spur the further advancement of instructional services for children and youth who are blind or visually impaired through scientific research and evidence-based best practices. 4. Definitions For purposes of this Act: (1) The term deafblind , when applied to an individual, means the individual has concomitant hearing and visual impairments, the combination of which— (A) prevents access to information; (B) causes severe communication challenges; (C) interferes with social and emotional well-being; and (D) impacts other developmental areas in a manner that adversely affect a child’s educational performance (including children who are deafblind with additional disabilities). (2) The term deafdisabled , when applied to an individual, means the individual is deaf and also has at least one other disability, but excludes individuals who are deafblind. I IMPROVING THE EFFECTIVENESS OF SPECIAL EDUCATION AND RELATED SERVICES FOR CHILDREN AND YOUTH WHO ARE DEAF, HARD OF HEARING, OR DEAFDISABLED A General Provisions 101. Identifying children and youth who are deaf, hard of hearing, or deafdisabled (a) Serving all children who are deaf, hard of hearing, or deafdisabled 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, hard of hearing, or deafdisabled When a State classifies children by disability, the State, in complying with subsection (a)— (i) identifies, locates and evaluates children who are deaf, hard of hearing, or deafdisabled who are, or may be, classified in a disability category other than deaf, hard of hearing, or deafdisabled; (ii) provides (without prejudice to such classification) special education and related services to such children, including the specific services determined appropriate based on proper evaluation as would be provided to children classified in the State as deaf or hard of hearing; and (iii) ceases to use vague other terminology, such as hearing impaired , section 504 student , or having a communication disorder . . (b) Data collection and reporting Section 618 ( 20 U.S.C. 1418 ) is amended— (1) by striking subsection (a)(1)(A)(iii) and inserting the following: (iii) In separate classes, separate schools or facilities, or public or private residential facilities, with the exception of deaf, hard of hearing, deafdisabled, and deafblind students due to their being low-incidence and benefiting from specialized language instruction and access. ; (2) in subsection (c), by inserting and funding to appropriate entities after States ; and (3) by adding at the end the following: (e) Accounting for children who are deaf, hard of hearing, or deafdisabled 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 category other than hearing impairment or deafness, include the number and percentage of such children in each disability category who are also deaf, hard of hearing, or deafdisabled and their avenue of access to American Sign Language, whether it be via an interpreter, a teacher of the deaf, or expressly waived by the parents. . (c) Child with a disability Section 602(3)(A)(i) ( 20 U.S.C. 1401(3)(A)(i) ) is amended— (1) by inserting who is deaf, hard of hearing, or deafdisabled or before with intellectual disabilities, ; and (2) by striking hearing impairments (including deafness), . 102. State plans Section 612 ( 20 U.S.C. 1412 ) is amended by adding at the end the following: (g) Addendum concerning children who are deaf, hard of hearing, or deafdisabled (1) In general Notwithstanding the provisions of subsection (c), a State shall not be determined to be 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 who are deaf, hard of hearing, or deafdisabled (regardless of the State’s use of disability categories or the extent to which deaf or hard of hearing children may be classified in disability categories other than hearing impairment or deafness) are evaluated by qualified professionals, using valid and reliable assessments, for such children’s need for instruction and services meeting their unique language, literacy, academic, social and related learning needs, including instruction which may be needed by children without disabilities or with other disabilities but which must be specifically designed, modified, or delivered to meet the unique language and academic and related learning needs of children who are deaf, hard of hearing, or deafdisabled; (B) there is sufficient availability of personnel within the State qualified to provide the evaluation and instruction described in subparagraph (A) to all children within the State requiring such instruction; and (C) all children who are deaf, hard of hearing, or deafdisabled within the State who need special education and related services receive instruction in American Sign Language unless expressly waived by the child’s parents 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 deaf, hard of hearing, and deafdisabled students to support appropriate, measurable progress in language development, including American Sign Language and written language with or without speech therapy, and including the provision of school-related opportunities for direct interactions with peers and professional personnel in the child’s language and opportunities for direct instruction in the child’s language, as well as instruction in audiology, age appropriate career education, language, social skills, functional skills for academic success, 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 organizations with expertise in the education of children who are deaf, hard of hearing, or deafdisabled, including parents, schools for the deaf, consumer and advocacy organizations, State commissions of the deaf, researchers, teachers of students who are deaf, hard of hearing, or deafdisabled and others the State may identify. . 103. Evaluations (a) Evaluation procedures Section 614(b) ( 20 U.S.C. 1414(b) ) is amended by adding at the end the following: (7) Children who are deaf, hard of hearing, or deafdisabled (A) In general In conducting the assessments prescribed in paragraph (3)(B), children who are deaf, hard of hearing, or deafdisabled shall be evaluated on language proficiency levels, including expressive, receptive, and pragmatic skills, and ability to access grade level content in the student’s primary language, including American Sign Language, and if appropriate, written language with or without visual supports or hearing assistance technology. Determination of the need for special education and related services shall include evaluation of such children’s unique learning needs, including opportunities for direct language access, without an intermediary such as an interpreter, with peers and professionals in the child’s primary language, including American Sign Language and, if appropriate, spoken language with or without visual supports, and 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 linguistic needs of students who are deaf, hard of hearing, or deafdisabled. (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 milestones in the child’s primary language, including American Sign Language and written language with or without speech therapy, social development, literacy instruction, instruction in assistive technology proficiency, self sufficiency and self-determination, socialization, recreation and fitness, independent living skills, and age appropriate career education. . (b) Individualized education programs Section 614(d)(1)(A) ( 20 U.S.C. 1414(d)(1)(A) ) is amended— (1) in clause (i)— (A) in subclause (VII), by striking and at the end; (B) in subclause (VIII), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (IX) the projected date for the beginning of the services and modifications described in subclause (IV), the anticipated frequency, location, and duration of those services and modifications. ; and (2) by adding at the end the following: (iii) Rule regarding a school for the deaf If a student is placed at a school for the deaf, the school may provide documentation of how its teachers are trained specifically to educate deaf and hard of hearing students, and as a result, will not be required to provide individualized education plans unless the student is deafdisabled. . 104. Individualized education program team Section 614(d)(1)(B) ( 20 U.S.C. 1414(d)(1)(B) ) is amended— (1) in clause (v), by striking (vi); and inserting (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 . 105. 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) consider the linguistic needs of the child, and in the case of a child who is deaf, hard of hearing, or deafdisabled provide for— (I) the child’s language and access, opportunities for direct communications, without an intermediary such as an interpreter, with peers and professional personnel in the child’s primary language, including American Sign Language and, if appropriate, spoken language with or without visual supports, academic level, and full range of needs, including ensuring opportunities for direct instruction in the child’s language; and (II) instruction— (aa) meeting the child’s unique learning needs, including services and settings to assist the child in developing or maintaining age appropriate language milestones in the child’s primary language, American Sign Language and written language with or without speech therapy, literacy instruction, instruction which may be needed by children without disabilities or with other disabilities but which must be specifically designed, modified, or delivered to meet the unique learning needs of children who are deaf, hard of hearing, or deafdisabled; and (bb) that includes assistive technology proficiency, self sufficiency and self-determination, socialization, recreation and fitness, independent living skills, and age appropriate career education; and . 106. 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 responsibilities 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 Congress. . 107. 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 disabilities for special education and related services. Such continuum shall include instruction in regular classes, specialized classes, specialized schools, home instruction, and instruction in hospitals and institutions, and shall make provision for supplementary services (such as a resource room or itinerant instruction) to be provided in conjunction with regular class placement. . (b) Maintenance of specialized services and settings for students with sensory disabilities 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 For purposes of subparagraph (A), a State’s closure of a specialized 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 reduction of the State’s financial support for special education and related services resulting in a failure to meet a condition on receipt of assistance under this part. . 108. Technical assistance for parents and educators of children and youth who are deaf, hard of hearing, or deafdisabled Section 616 ( 20 U.S.C. 1416 ) is amended by adding at the end the following: (j) Maintenance of policy guidance concerning the education of children who are deaf, hard of hearing, or deafdisabled 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 not less than once every 5 years), policy guidance concerning the provision of special education and related services to deaf, hard of hearing, and deafdisabled children (published at 57 Fed. Reg. 49274 (October 30, 1992)) is reviewed and updated (with particular attention to explanation of relevant amendments to this Act or to its implementing regulations) and is published in the Federal Register. . B Improving the Effectiveness of Early Intervention for Deaf, Hard of Hearing or Deafdisabled Infants and Toddlers and Their Families 111. Qualified personnel Section 632(4)(F) ( 20 U.S.C. 1432(4)(F) ) is amended— (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; . 112. Natural environment Section 632(4)(G) ( 20 U.S.C. 1432(4)(G) ) is amended to read as follows: (G) to the maximum extent appropriate, are provided in natural environments— (i) including the home, and community settings in which children without disabilities participate; and (ii) which for infants and toddlers with sensory disabilities, particularly deafness, blindness, or deafblindness, shall include— (I) specialized schools, centers, and other programs where the child’s language, including American Sign Language and written language with or without speech therapy, is the primary language and mode of communication; or (II) any school, center or other program or environment where services meeting the unique needs of infants and toddlers with sensory disabilities are available; and . 113. Content of plan Section 636(d) ( 20 U.S.C. 1436(d) ) is amended— (1) in paragraph (7), by striking and at the end; (2) in paragraph (8), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (9) (A) in the case of an infant or toddler who is deaf, hard of hearing, or deafdisabled, a statement of the ongoing language assessment that will be provided to the child, language development goals commensurate with the child’s cognitive abilities, the language access that will be provided, including documentation of providing access to ongoing opportunities for direct language learning access to peers, early intervention service providers, and other professional personnel in American Sign Language and, if appropriate, spoken language with or without visual supports, and the support and instruction that will be provided to families to learn and support the child’s language acquisition and development; . C National Activities To Improve Education of Children With Disabilities 121. Personnel development to improve services and results for children with disabilities (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 appropriate licensing body, to assist (but not teach language to) children with low incidence disabilities, particularly deaf, hard of hearing, and deafdisabled children, in school and school-related activities, and deaf, hard of hearing, and deafdisabled infants, toddlers, and preschool children in early intervention and preschool programs, except that this subparagraph shall not be construed to authorize the replacement of the essential service of an interpreter by other personnel (including replacement by a communication facilitator). . (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 following: (F) Preparing personnel to be qualified teachers of the deaf and early intervention specialists, to assist children with low incidence disabilities, particularly deaf, hard of hearing, and deafdisabled children, to develop age appropriate language, including American Sign Language and, if appropriate, spoken language with or without visual supports, and age appropriate literacy skills in school and school-related activities, and deaf, hard of hearing, and deafdisabled infants and toddlers and preschool children in early intervention and preschool programs. . II IMPROVING THE EFFECTIVENESS OF SPECIAL EDUCATION AND RELATED SERVICES FOR CHILDREN AND YOUTH WHO ARE BLIND OR VISUALLY IMPAIRED A General Provisions 201. Identifying children and youth who are blind or visually impaired (a) Serving all children who are blind or visually impaired regardless of classification Section 612(a)(3) ( 20 U.S.C. 1412(a)(3) ), as amended by section 101(a) of this Act, is further amended at the end by adding the following: (D) Serving children who are blind or visually impaired When a State classifies children by disability, the State, in complying with this subsection— (i) identifies, locates and evaluates children who are blind or visually impaired who are, or may be, classified in a disability category other than blindness or visual impairment; and (ii) provides (without prejudice to such classification) special education and related services to such children, including the specific services determined appropriate based on proper 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 101(b) of this Act, is further amended by adding at the end the following: (f) Accounting for children who are blind or visually impaired 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 category other than blindness, include the number and percentage of such children in each disability category who are also blind or visually impaired. . (c) Child with a disability Section 602(3)(A)(i) ( 20 U.S.C. 1401(3)(A)(i) ), as amended by section 101(c) of this Act, is further amended by inserting or low vision after blindness . 202. State plans Section 612 ( 20 U.S.C. 1412 ), as amended by section 102 of this Act, is further amended at the end by adding the following: (h) Addendum concerning children who are blind or visually impaired (1) In general Notwithstanding the provisions of subsection (c), a State shall not be determined to be 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 who are blind or visually impaired (regardless of the State’s use of disability categories or the extent to which children with blindness or visual impairment 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 related learning needs, including instruction which may be needed by children without disabilities or with other disabilities but which must be specifically designed, modified, or delivered to meet the unique academic and related learning needs of children with blindness or visual impairment; (B) there is sufficient availability of personnel within the State qualified to provide the instruction described in subparagraph (A) to all children within the State requiring such instruction; and (C) all children who are blind or visually impaired 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— (A) specifically address how the State meets the needs of children who are blind or visually impaired for instruction in Braille, proficient use of assistive technologies (both at home and in school and including low vision devices as determined appropriate), orientation and mobility (provided and exercised in a variety of environments including at home, in school, and in community), self-determination, sensory efficiency, socialization, recreation and fitness, independent living skills, and age-appropriate career education; (B) describe how the State will ensure the proper administration of widely recognized and research-based evaluations (including Learning Media Assessments, Functional Vision Evaluations, and other similarly well-established evaluation methodologies and tools) that are administered by the highest qualified personnel in the State specializing in blindness or visual impairment; and (C) consult with individuals and organizations with expertise in the education of children who are blind or visually impaired, including parents, consumer and advocacy organizations, and teachers of students with visual impairments and others the State may identify. . 203. Evaluations Section 614(b) ( 20 U.S.C. 1414(b) ), as amended by section 103(a) of this Act, is further amended by adding at the end the following: (8) Blindness or visual impairment (A) In general In conducting the assessments prescribed in paragraph (3)(B), determination of the need of children who are blind or visually impaired (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 children without disabilities or with other disabilities but which must be specifically designed, modified, or delivered to meet the unique learning needs of children who are blind or visually impaired. Such assessments shall also include widely recognized and research-based evaluations (including Learning Media Assessments, Functional Vision Evaluations, and other similarly well-established evaluation methodologies and tools) administered by the highest qualified personnel in the State specializing in blindness or visual impairment. (B) Content of evaluations The evaluations described in subparagraph (A) shall, at a minimum, include evaluations assessing the need for instruction in Braille, proficient use of assistive technologies (both at home and in school and which includes low vision devices as determined appropriate), orientation and mobility (provided and exercised in a variety of environments including at home, in school, and in community), self-determination, sensory efficiency, socialization, recreation and fitness, independent living skills, and age-appropriate career education. . 204. 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— (I) provide for instruction in Braille and the use of Braille unless— (aa) the IEP Team determines (after a properly administered Learning Media Assessment, Functional Vision Evaluation, and any additional assessment administered or overseen by a teacher of students with visual impairments, including an assessment 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 (bb) the parent has given specific written informed parental consent; and (II) provide instruction meeting the child’s unique learning needs, including 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 needs of children who are blind or visually impaired, which instruction includes proficient use of assistive technologies (both at home and in school and which includes low vision devices as determined appropriate), orientation and mobility (provided and exercised in a variety of environments including at home, in school, and in community), self-determination, sensory efficiency, socialization, recreation and fitness, independent living skills, and age appropriate career education; . 205. Technical assistance for parents and educators of children and youth who are blind or visually impaired Section 616 ( 20 U.S.C. 1416 ), as amended by section 108 of this Act, is further amended by adding at the end the following: (k) Maintaining current policy guidance for parents and educators of children who are blind or visually impaired 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 not less than once every 5 years), policy guidance concerning the provision of special education and related services to children who are blind or visually impaired (published at 65 Fed. Reg. 36586 (June 8, 2000)) is reviewed and updated (with particular attention to explanation of relevant amendments to the Alice Cogswell and Anne Sullivan Macy Act or to its implementing regulations) and is published in the Federal Register. . 206. Related services Section 602(26)(A) ( 20 U.S.C. 1401(26)(A) ) is amended by inserting vision rehabilitation therapy, after rehabilitation counseling, . 207. Personnel development to improve services and results for children with blindness or visual impairment Section 662(c)(2)(D) ( 20 U.S.C. 1462(c)(2)(D) ) is amended to read as follows: (D) Preparing personnel to provide the complete array of specialized instruction and services appropriate to children who are blind or visually impaired (including children with ocular or brain-based visual impairment), including instruction in Braille, proficient use of assistive technologies (both at home and in school and which includes low vision devices as determined appropriate), orientation and mobility (provided and exercised in a variety of environments including at home, in school, and in community), self-determination, sensory efficiency, socialization, recreation and fitness, independent living skills, and age-appropriate career education to fully serve and support such children and their families and to improve early intervention, educational and transitional results. . 208. Clarifying eligible users of accessible instructional materials Section 674(e)(3)(A) ( 20 U.S.C. 1474(e)(3)(A) ) is amended to read as follows: (A) Blind or other persons with print disabilities The term blind or other persons with print disabilities means children served under this Act, or children served by elementary schools and secondary schools pursuant to section 504 of the Rehabilitation Act of 1973 (as amended) ( 29 U.S.C. 794 ) and its implementing regulations, and who may qualify in accordance with the Act entitled An Act to provide books for the adult blind , approved March 3, 1931 ( 2 U.S.C. 135a ; 46 Stat. 1487), to receive books and other publications produced in specialized formats. . B Specialized Early Childhood Intervention Services to Infants and Toddlers Who are Blind or Visually Impaired 209. Content of plan Section 636(d)(9) ( 20 U.S.C. 1436(d) ), as amended by section 113 of this Act, is further amended by adding at the end the following: (B) in the case of an infant or toddler who is blind or visually impaired, a statement of the ongoing developmental and educational assessment that will be provided to the child, early intervention service providers specializing in blindness or visual impairment (including ocular or brain-based visual impairment), instruction in Braille (inclusive of a range of instructional strategies, including pre-literacy tactual exposure to Braille code reading and writing), orientation and mobility (provided and exercised in a variety of environments both within and outside the home), socialization, sensory efficiency, exposure to assistive technologies (including low vision devices as determined appropriate), self-determination, recreation and fitness, and age-appropriate transitional services, and the support and instruction that will be provided to families to learn and support the child’s acquisition, retention and age-appropriate mastery of the instruction and services provided to such child; and . C Anne Sullivan Macy Center on Visual Disability and Educational Excellence 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 described in subsection (b). (b) Mission The mission of the program established in subsection (a) is to better support students with visual disabilities receiving special education and related services to learn effectively and live productively and independently through— (1) development and dissemination of curricula, courses, materials, and methods supporting the continuing education of personnel qualified under State law to serve as teachers of students with visual impairments and related services personnel serving such children; (2) support for the establishment of programs within institutions of higher education to prepare teachers of children who are blind or visually impaired to serve children who are blind or visually impaired who also have additional disabilities; (3) model local, regional, and national enrichment projects open to children who are blind or visually impaired intended to supplement State and local educational agency provision of specialized instruction and services meeting such children’s unique learning needs; and (4) research identifying, developing, and evaluating valid assessments and effective interventions measuring and addressing the unique needs of children who are blind or visually impaired, including need for instruction and services— (A) which may be needed by children without disabilities or with other disabilities but which must be specifically designed, modified, or delivered to meet the unique learning needs of children who are blind or visually impaired; and (B) which, at a minimum, shall include instruction in Braille, proficient use of assistive technologies (both at home and in school and which includes low vision devices as determined appropriate), orientation and mobility (provided and exercised in a variety of environments including at home, in school, and in community), self-determination, sensory efficiency, socialization, recreation and fitness, independent living skills, and age-appropriate career education. 212. Administration; eligibility; governance; structure (a) Administration To carry out the provisions of section 211, the Secretary of Education shall enter into a contract or cooperative agreement (of no less than 5 years in duration) with a consortium of entities described in subsection (b) which shall, with oversight by the Secretary, have primary responsibility for administering the program described in this subtitle. The Secretary shall have ongoing authority to enter into such contracts or cooperative agreements. (b) Eligibility The consortium of entities described in subsection (a) shall include— (1) not less than 1 nonprofit professional membership association which both operates a program for accreditation of institutions of higher education preparing teachers of children who are blind or visually impaired or orientation and mobility specialists and which maintains a continuing education program supporting the ongoing professional development of such personnel; (2) not less than 1 national nonprofit organization, which may include a manufacturer of products or publisher of materials or a special school or center with demonstrated experience directly serving children who are blind or visually impaired (including students who may or may not have additional disabilities); (3) not less than 1 institution of higher education that— (A) has consistently maintained for not less than 10 years a program of instruction preparing teachers of children who are blind or visually impaired or orientation and mobility specialists; 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 any of the entities comprising the consortium described in subsection (b)) which shall advise the Secretary and such consortium of entities with respect to strategic planning and annual program performance. (2) Composition The advisory board shall be comprised of individuals with personal or professional experience with the needs of children who are blind or visually impaired, and shall include parents of children who are blind or visually impaired (including children with additional disabilities), administrators of special education programs (including State and local educational agency program administrators), 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 compensate the members of the advisory board for reasonable expenses incurred for travel related to in-person meetings of the advisory board, which shall occur no more frequently than 3 times within a calendar year. (4) FACA The provisions of the Federal Advisory 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 advisory board, the Secretary shall consult with such consortium of entities, which may also nominate individuals to the Secretary for advisory board membership. (d) Structure The Secretary, as part of the contract or cooperative agreement described in subsection (a), shall ensure that such contract or cooperative agreement specifies any and all necessary fiscal and other responsibilities between and among the entities described in subsection (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. 213. Activities Subject to the provisions of this subtitle, the Anne Sullivan Macy Center on Visual Disability and Educational Excellence shall— (1) conduct or fund original quantitative and qualitative research and publish or otherwise disseminate such research; (2) conduct or fund in-person and online continuing education opportunities for teachers of children 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 materials; (3) conduct or fund in-person or online enrichment projects for children who are blind or visually impaired (including those who may also have additional disabilities) to offer direct instruction and services intended to improve the capacity of such students to learn effectively and live both productively 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 quantitative and qualitative methods, the effectiveness of instruction and services offered by such projects; (4) fund the establishment or maintenance of programs within institutions of higher education preparing teachers of children who are blind or visually impaired and related services personnel to better equip such personnel both to provide expert instruction and services to infants and toddlers with blindness or visual impairment and their families and to provide specialized instruction and services to children with blindness and visual impairment who may have additional disabilities; and (5) enter into cooperative agreements, contracts, grants (or other arrangements which may be permitted by the Secretary) with nonprofit organizations possessing demonstrable expertise and experience serving children who are blind or visually impaired or the professionals trained to work with such students, institutions of higher education, State and local educational agencies, public and private specialized 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. 214. Authorization of appropriations and carryover (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 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 fiscal 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. 215. Relationship to other programs and activities (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 activities. (b) Relationship to services offered by the American printing house for the blind Nothing in this subtitle shall be construed to limit or otherwise condition 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 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 Center The Secretary shall ensure that any activities conducted or funded by the Anne Sullivan Macy Center directly serving individuals who are deafblind are coordinated as appropriate with the National Center on Deaf-Blindness, State deaf-blind 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 Individuals 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 Educational Excellence shall be the property of the United 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 cooperative agreement described in section 212(a), to reproduce, or author copyrighted derivative works, using such matter. III IMPROVING THE EFFECTIVENESS OF SPECIAL EDUCATION AND RELATED SERVICES FOR CHILDREN AND YOUTH WHO ARE DEAFBLIND A General Provisions 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 subsection (a)— (i) identifies, locates and evaluates children with concomitant vision and hearing 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 appropriate 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 category other than deafblindness, include the number and percentage of such children in each disability category who are also deafblind. . (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 . 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 . 303. State plans Section 612 ( 20 U.S.C. 1412 ), as amended by sections 102 and 202 of this Act, is further amended by adding at the end the following: (i) Addendum concerning children who are deafblind (1) In general Notwithstanding the provisions of subsection (c), a State shall not be determined to be 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 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 professionals, 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 needed by children without disabilities or with other disabilities but which must be specifically designed, 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 personnel, including teachers of the deafblind and interveners, within the State qualified to provide the evaluation, instruction, and services described 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 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— (A) specifically address how the State meets the needs of children who are deafblind to support ongoing progress in language development and in the child’s preferred mode of communication, and including the provision of school-related opportunities for direct communications 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 (B) consult with individuals and organizations with expertise in the education of children who are deafblind, including parents, consumers, advocacy organizations, national and State organizations focused on deafblindness, and others the State may identify. . 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 assessments prescribed in paragraph (3)(B), children who are deafblind (including children who may have additional disabilities) shall be evaluated on language and communication proficiency 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 language. Qualified personnel trained in deafblindness, who communicate in the child’s preferred mode of communication, shall be actively involved in assessments and evaluations. 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 maintaining 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). . 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 adaptations to sign and fingerspelling, and object and tangible symbol systems. The requirements included in clauses (iii) and (iv) shall also apply to children who are deafblind; and . 306. Technical assistance for parents and educators of children and youth who are deafblind Section 616 ( 20 U.S.C. 1416 ), as amended by sections 108 and 205 of this Act, is further amended by adding 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 provision 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 particular attention to explanation of relevant amendments to this Act or to its implementing regulations and is published in the Federal Register. . 307. Conforming regulations Section 617 ( 20 U.S.C. 1417 ) is amended by adding at the end the following: (f) Not later than 1 year after the date of the enactment of the Alice Cogswell and Anne Sullivan Macy Act, the Secretary shall, after notice and comment, publish regulations that provide definitions for deafblindness and intervener services . . B Improving the Effectiveness of Early Intervention for Infants and Toddlers who are Deafblind and Their Families 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 abilities, 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 and instruction that will be provided to families to learn and support the child’s language and communication mode and the child’s full range of needs. . C National Activities To Improve the Education of Children with Disabilities 321. Personnel development to improve services and results for children with disabilities; ensuring sufficient teachers of children who are deafblind, interveners, and early intervention specialists Section 662(c)(2) ( 20 U.S.C. 1462(c)(2) ), as amended 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 inserted by section 121(b)(2) of this Act) the following: (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 activities, as well as toddlers and preschool children who are deafblind in early intervention and preschool programs, to develop communication and literacy skills, to be able to access, organize and utilize information about the environment, 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. .