Helen Keller Education Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9196 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 9196

 To promote and ensure delivery of high-quality special education and
related services to children and youth who are deafblind, and for other
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              June 8, 2026

 Mr. McGarvey (for himself, Mr. Garbarino, and Mr. Riley of New York)
 introduced the following bill; which was referred to the Committee on
                        Education and Workforce

_______________________________________________________________________

                                 A BILL

 To promote and ensure delivery of high-quality special education and
related services to children and youth who are deafblind, and for other
                               purposes.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; REFERENCES; DEFINITION; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Helen Keller
Education 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) Definition.--For purposes of this Act, the term ``deafblind'',
when applied to an individual, means the individual has concomitant
hearing and visual impairments, the combination of which--
            (1) prevents access to information;
            (2) causes severe communication challenges;
            (3) interferes with social and emotional well-being; and
            (4) impacts other developmental areas in a manner that
        adversely affect a child's educational performance (including
        children who are deafblind with additional disabilities).
    (d) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; references; definition; table of contents.
                      TITLE I--GENERAL PROVISIONS

Sec. 101. Identifying children and youth who are deafblind.
Sec. 102. Related services.
Sec. 103. State plans.
Sec. 104. Evaluations.
Sec. 105. Consideration of special factors.
Sec. 106. Technical assistance for parents and educators of children
                            and youth who are deafblind.
Sec. 107. Conforming regulations.
TITLE II--IMPROVING THE EFFECTIVENESS OF EARLY INTERVENTION FOR INFANTS
           AND TODDLERS WHO ARE DEAFBLIND AND THEIR FAMILIES

Sec. 201. Content of plan.
  TITLE III--NATIONAL ACTIVITIES TO IMPROVE THE EDUCATION OF CHILDREN
                           WITH DISABILITIES

Sec. 301. Personnel development to improve services and results for
                            children with disabilities; ensuring
                            sufficient teachers of children who are
                            deafblind, interveners, and early
                            intervention specialists.

                      TITLE I--GENERAL PROVISIONS

SEC. 101. 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)) is amended by
adding at the end the following:
                    ``(C) 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) is
amended by adding at the end the following:
    ``(e) 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)) is amended by inserting ``deafblindness,'' before
``serious''.

SEC. 102. RELATED SERVICES.

    Section 602(26)(A) (20 U.S.C. 1401(26)(A)) is amended by inserting
``, and intervener services, which are provided to children who are
deafblind by a qualified intervener'' after ``for diagnostic and
evaluation purposes only''.

SEC. 103. STATE PLANS.

    Section 612 (20 U.S.C. 1412) is amended by adding at the end the
following:
    ``(g) 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 Helen Keller Education
        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.''.

SEC. 104. EVALUATIONS.

    Section 614(b) (20 U.S.C. 1414(b)) is amended by adding at the end
the following:
            ``(7) 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.
                    ``(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.''.

SEC. 105. CONSIDERATION OF SPECIAL FACTORS.

    Section 614(d)(3)(B) (20 U.S.C. 1414(d)(3)(B)) is 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''.

SEC. 106. TECHNICAL ASSISTANCE FOR PARENTS AND EDUCATORS OF CHILDREN
              AND YOUTH WHO ARE DEAFBLIND.

    Section 616 (20 U.S.C. 1416) is amended by adding at the end the
following:
    ``(j) 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 Helen Keller
Education 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.''.

SEC. 107. 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
Helen Keller Education Act, the Secretary shall, after notice and
comment, publish regulations that provide definitions for
`deafblindness' and `intervener services'.''.

TITLE II--IMPROVING THE EFFECTIVENESS OF EARLY INTERVENTION FOR INFANTS
           AND TODDLERS WHO ARE DEAFBLIND AND THEIR FAMILIES

SEC. 201. 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) 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.''.

  TITLE III--NATIONAL ACTIVITIES TO IMPROVE THE EDUCATION OF CHILDREN
                           WITH DISABILITIES

SEC. 301. 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)) is amended--
            (1) by redesignating subparagraphs (F) and (G) as
        subparagraphs (H) and (I), respectively; and
            (2) by inserting after subparagraph (E) the following:
                    ``(F) 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.
                    ``(G) 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.''.
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