H.R. 9196 — Helen Keller Education Act

This section requires states to identify, locate, evaluate, and provide appropriate special education and related services to children with concomitant vision and hearing losses, regardless of their classification in another disability category. It mandates annual reporting of the number and percentage of such children in each other disability category. It adds deafblindness to the definition of child with a disability.

This section expands the definition of related services under the Individuals with Disabilities Education Act to include intervener services provided to children who are deafblind by a qualified intervener.

This section requires states to file an addendum to their IDEA state plans within 2 years after enactment of the Helen Keller Education Act describing how they ensure deafblind children are evaluated by qualified professionals, including teachers of the deafblind, using valid assessments for their unique language, communication, literacy, academic, and related needs. It further requires states to demonstrate sufficient availability of qualified personnel such as teachers of the deafblind and interveners, that all such children receive special education and related services rather than solely under Section 504 of the Rehabilitation Act, and that the addendum addresses progress in language development, direct communication opportunities, and specific skills including concept development, orientation and mobility, and independent living while consulting parents, consumers, and relevant organizations.

This section requires evaluations of children who are deafblind, including those with additional disabilities, to assess language and communication proficiency levels (expressive, receptive, and pragmatic skills) and the ability to access grade-level content in the child’s preferred mode of communication, including non-symbolic, symbolic, and tactile sign language. It further requires that qualified personnel trained in deafblindness and fluent in the child’s preferred mode participate in the assessments, and that evaluations determine the need for services and supports to develop and maintain those skills.

This section expands the special factors considered in developing individualized education programs to require that plans for children who are deafblind address language and communication needs, including tactile sign language, tactile and visual adaptations to sign and fingerspelling, and object and tangible symbol systems. It also applies the existing requirements for children who are blind or visually impaired and children who are deaf or hard of hearing to children who are deafblind.

This section requires the Secretary to develop and publish in the Federal Register policy guidance on the provision of special education and related services to children who are deafblind, with particular attention to relevant amendments to the Individuals with Disabilities Education Act and its regulations. The guidance must be issued no later than one year after enactment of the Helen Keller Education Act and updated at least once every five years thereafter.

This section directs the Secretary to publish regulations, after notice and comment, defining “deafblindness” and “intervener services” not later than one year after the date of enactment of the Helen Keller Education Act.

This section requires the individualized family service plan for a deafblind infant or toddler to include a statement of ongoing language and communication assessment, language and communication development goals commensurate with the child’s cognitive abilities, access to direct language learning and communication with peers and trained personnel, and family support and instruction in the child’s preferred communication mode.

This section expands the personnel development activities supported by competitive grants under the Individuals with Disabilities Education Act to include preparation of qualified teachers of children who are deafblind and early intervention specialists, as well as qualified interveners to assist children who are deafblind in schools, school-related activities, and early intervention and preschool programs.