H.R. 9196

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

<DOC>

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.''.
<all>