Sec. 202. State plans
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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: 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— children who are blind or visually impaired (regardless of the State’s use of disability categories or the extent to which children with blindness or visual impairment 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 blindness or visual impairment; 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 all children who are blind or visually impaired 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 ). In preparing the addendum described in paragraph (1), the State shall— specifically address how the State meets the needs of children who are blind or visually impaired for instruction in Braille, proficient use of assistive technologies (both at home and in school and including low vision devices as determined appropriate), orientation and mobility (provided and exercised in a variety of environments including at home, in school, and in community), self-determination, sensory efficiency, socialization, recreation and fitness, independent living skills, and age-appropriate career education; describe how the State will ensure the proper administration of widely recognized and research-based evaluations (including Learning Media Assessments, Functional Vision Evaluations, and other similarly well-established evaluation methodologies and tools) that are administered by the highest qualified personnel in the State specializing in blindness or visual impairment; and consult with individuals and organizations with expertise in the education of children who are blind or visually impaired, including parents, consumer and advocacy organizations, and teachers of students with visual impairments and others the State may identify. .
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