Search bills, members, committees and pages...
(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”.
(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.
(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.
(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.
(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.
(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.
(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.
(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
(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
(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.
(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.
(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.
(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.
(xiii) teachers of infants and toddlers with sensory disabilities;
(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
(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;(9)
(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).
(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.
(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.
(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.
(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.
(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.
(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;
(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.
(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.
(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) 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
(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.
(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.
(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.
(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).
(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
(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.
(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”.
(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.
(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.