State plans

Section 612 (20 U.S.C. 1412) is amended by adding at the end the following: (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..