Title II — Improving the effectiveness of special education and related services for students with visual disabilities

S. 813 · 117th Congress · Mar 17, 2021 · Lineage

II Improving the effectiveness of special education and related services for students with visual disabilities

A General Provisions

Sec. 201 Identifying students with visual disabilities

(a)

Serving all children with visual disabilities regardless of classification— Section 612(a)(3) (20 U.S.C. 1412(a)(3)), as amended by section 101 of this Act, is further amended at the end by adding the following:

“(D) Serving children with visual disabilities—When a State classifies children by disability, the State, in complying with this subsection, identifies, locates, and evaluates children with visual disabilities who are, or may be, classified in a disability category other than blindness and provides (without prejudice to such classification) special education and related services to such children, including such 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 of this Act, is further amended by adding at the end the following:

“(f) Accounting for visual disabilities—In addition to the data collection and reporting requirements of subsections (a) through (d) and subject to such provisions, the State and the Secretary of the Interior shall, with respect to children classified in a disability category other than blindness, include the number and percentage of such children in each disability category who are also blind or otherwise have visual disabilities.”

Sec. 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 students with visual disabilities

“(1) In general—Notwithstanding the provisions of subsection (c), a State shall not be considered in compliance with this section unless, not later than 2 years after the date of the enactment of the Alice Cogswell and Anne Sullivan Macy Act, the State files with the Secretary a written addendum to the plan required by this section describing how the State ensures that—

“(A) children with visual disabilities (regardless of the State’s use of disability categories or the extent to which children with visual disabilities may be classified in disability categories other than blindness) are evaluated for such children’s need for instruction and services meeting their unique academic and 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 visual disabilities;

“(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 with visual disabilities within the State who need special education and related services, whether or not such children have other disabilities, receive such instruction and are not being served solely in accordance with section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794).

“(2) Contents—In preparing the addendum described in paragraph (1), the State shall—

“(A) specifically address how the State meets the needs of students with visual disabilities for instruction in communication and productivity (including Braille instruction and assistive technology proficiency), self sufficiency and interaction (including orientation and mobility, self-determination, sensory efficiency, socialization, recreation and fitness, and independent living skills), and age appropriate career education;

“(B) describe both the methods to be used within the State to properly evaluate students’ need for low vision devices and the process by which such devices will be provided to each student for whom such devices are determined appropriate by the IEP Team; and

“(C) consult with individuals and organizations with expertise in the education of children with visual disabilities, including parents, consumer and advocacy organizations, and teachers of students with visual impairments and others the State may identify.”

Sec. 203 Evaluations

Section 614(b) (20 U.S.C. 1414(b)), as amended by section 103 of this Act, is further amended by adding at the end the following new paragraph:

“(8) Visual disabilities

“(A) In general—In conducting the assessments prescribed in paragraph (3)(B), determination of the need of children with visual disabilities (including children who may have additional disabilities) for special education and related services shall include evaluation of such children’s unique learning needs, including needs for instruction which may be needed by students without disabilities or with other disabilities but which must be specifically designed, modified, or delivered to meet the unique learning needs of students with visual disabilities.

“(B) Content of evaluations—The evaluations described in subparagraph (A) shall, at a minimum, include evaluations assessing the need for instruction in assistive technology proficiency (inclusive of low vision devices), self sufficiency and interaction (including orientation and mobility, self-determination, sensory efficiency, socialization, recreation and fitness, and independent living skills), and age-appropriate career education.”

Sec. 204 Consideration of special factors

Section 614(d)(3)(B)(iii) (20 U.S.C. 1414(d)(3)(B)(iii)) is amended by striking the semicolon and inserting the following:

“(I) may be needed by students without disabilities or with other disabilities but which shall be specifically designed, modified, or delivered to meet the unique learning needs of students with visual disabilities; and

“(II) includes assistive technology proficiency (inclusive of low vision devices), self sufficiency and interaction (including orientation and mobility, self-determination, sensory efficiency, socialization, recreation and fitness, and independent living skills), and age appropriate career education;”

Sec. 205 Technical assistance for parents and educators of students with visual disabilities

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 students with visual disabilities—The Secretary shall ensure that not later than 1 year after the date of the enactment of the Alice Cogswell and Anne Sullivan Macy Act (and periodically thereafter but at least within 5-year intervals), policy guidance concerning the provision of special education and related services to students with visual disabilities (last published in the Federal Register on June 8, 2000 (65 Fed. Reg. 36586)), is reviewed and updated (with particular attention to explanation of relevant amendments made by the Alice Cogswell and Anne Sullivan Macy Act or to its implementing regulations) and is published in the Federal Register.”

B Anne Sullivan Macy Center on Visual Disability and Educational Excellence

Sec. 211 Center establishment and mission

(a)

Establishment— There is established within the Department of Education a national program named the Anne Sullivan Macy Center on Visual Disability and Educational Excellence (referred to in this subtitle as the Anne Sullivan Macy Center), 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 new programs within institutions of higher education to prepare teachers of students with visual impairments to serve students with visual disabilities who also have additional disabilities;

(3)

modeling local, regional, and national enrichment projects open to students with visual disabilities that are intended to supplement State educational agency and local educational agency provision of specialized instruction and services meeting such students’ unique learning needs; and

(4)

research identifying, developing, and evaluating valid assessments and effective interventions measuring and addressing the unique needs of students with visual disabilities, including need for instruction and services 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 students with visual disabilities. At a minimum, such instruction and services include communication and productivity (including braille instruction, and assistive technology proficiency inclusive of low vision devices), self sufficiency and interaction (including orientation and mobility, self-determination, sensory efficiency, socialization, recreation and fitness, and independent living skills), and age appropriate career education.

Sec. 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)

at least two national nonprofit organizations with demonstrated experience publishing materials, offering direct professional development opportunities, and disseminating course curricula supporting the preparation or continuing education of teachers of students with visual impairments and related services personnel;

(2)

at least one national nonprofit organization (which may include a special school serving students who are blind) with demonstrated experience directly serving students with visual disabilities (including students who may or may not have additional disabilities) through in-person instruction and services meeting their unique learning needs;

(3)

at least one institution of higher education that—

(A)

has consistently maintained for at least 10 years a program of instruction preparing teachers of students with visual impairments or orientation and mobility instructors; 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— 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 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. The advisory board shall be comprised of individuals with personal or professional experience with the needs of students with visual disabilities and shall include parents of students with visual disabilities, administrators of special education programs, and representatives of national organizations of individuals who are blind or visually impaired. The Secretary is authorized to 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 three times within a calendar year. The provisions of the Federal Advisory Committee Act shall not apply to meetings or other activities of the advisory board. 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.

Sec. 213 Activities

Subject to the provisions of this subtitle, the Anne Sullivan Macy Center on Visual Disability and Educational Excellence is authorized—

(1)

to conduct or fund original quantitative and qualitative research and publish or otherwise disseminate such research;

(2)

to conduct or fund in-person and online continuing education opportunities for teachers of students with visual impairments and related services personnel specifically trained to meet the unique learning needs of such students, and prepare, publish, or otherwise disseminate supporting materials;

(3)

to conduct or fund in-person or online enrichment projects for students with visual disabilities (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 educational agencies and local educational agencies; and

(B)

evaluating, through appropriate quantitative and qualitative methods, the effectiveness of instruction and services offered by such projects;

(4)

to fund, in accordance with regulations otherwise applicable to personnel preparation programs supported under part D of the Individuals with Disabilities Education Act (20 U.S.C. 1450 et seq.), the establishment of programs within institutions of higher education preparing teachers of students with visual impairments (which have not been previously funded under such part) to specifically prepare such teachers to provide expert instruction to students with visual disabilities who also have additional disabilities; and

(5)

to enter into cooperative agreements, contracts, or grants (or other arrangements which may be permitted by the Secretary) with nonprofit organizations possessing demonstrable expertise and experience serving students with visual disabilities or the professionals trained to work with such students, institutions of higher education, State educational agencies, 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 subsection that are not otherwise directly conducted, in whole or in part, by the Anne Sullivan Macy Center.

Sec. 214 Relationship to other programs and activities

(a)

Maximizing resources— No funds made available pursuant to this subtitle may be used to fund programs or activities otherwise concurrently funded under part D of the Individuals with Disabilities Education Act.

(b)

Coordination of research— The Secretary shall ensure that research activities authorized and carried out pursuant to this title 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.

(c)

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 entitled “An Act to Promote the Education of the Blind”, approved March 3, 1879 (20 U.S.C. 101 et seq.), and no funds made available pursuant to this subtitle shall be used by any State educational agency or local educational agency to supplant the use of funds appropriated under such Act.

(d)

Relationship to funding for National Center on Deaf-Blindness, State deaf-Blind 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 deaf-blind 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 deaf-blind 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(d)(1)(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.

(e)

Work product— All matter produced by the Anne Sullivan Macy Center 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.

Sec. 215 Definitions

In this subtitle:

(1)

IDEA terms— The terms institution of higher education, local educational agency, related services, special education, and State educational agency have the meanings given the terms in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401).

(2)

Secretary— The term Secretary means the Secretary of Education.

Sec. 216 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, provided that for the fiscal year immediately following the date of enactment of this Act and for each succeeding fiscal year, the amount appropriated shall be an amount equal to no less than 0.2 percent of funds appropriated in the previous fiscal year for grants to States under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.).

(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, provided that no more than 15 percent of a given fiscal year’s appropriation may be so carried over.