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