AFSFA Act

II 116TH CONGRESS 1ST SESSION S. 1836 To support national training, technical assistance, and resource centers to ensure that all individuals with significant disabilities affecting commu- nication have access to the augmentative and alternative communication devices, services, and supports the individuals need to interact with others, in order to learn, work, socialize, and take advantage of all aspects of society in the United States. IN THE SENATE OF THE UNITED STATES JUNE 13, 2019 Mr. CASEY (for himself, Ms. HASSAN, and Mr. LEAHY) introduced the fol- lowing bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To support national training, technical assistance, and re- source centers to ensure that all individuals with signifi- cant disabilities affecting communication have access to the augmentative and alternative communication devices, services, and supports the individuals need to interact with others, in order to learn, work, socialize, and take advantage of all aspects of society in the United States. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 23:09 Jun 17, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1836.IS S1836 jspears on DSK30JT082PROD with BILLS 2 •S 1836 IS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Access to Free Speech 2 for All Act’’ or the ‘‘AFSFA Act’’. 3 SEC. 2. FINDINGS. 4 Congress makes the following findings: 5 (1) For individuals with disabilities, the lack of 6 the ability to effectively communicate is a high pre- 7 dictor of poor school and post-school outcomes and 8 creates a serious risk for abuse and neglect. 9 (2) No student is too severely disabled to ben- 10 efit from communication devices, services, and other 11 supports. Students with the most significant cog- 12 nitive and sensory disabilities can learn to use sym- 13 bolic, augmentative, or alternative communication 14 devices, services, or supports in 6 months or less. 15 (3) Students with significant disabilities affect- 16 ing communication too often enter school without 17 communication systems that allow for participation 18 in typical curricular activities and without the tools 19 necessary for academic instruction and participation. 20 (4) National professional organizations have 21 identified lack of training in augmentative and alter- 22 native communication devices, services, and supports 23 and assistive technology for students with low-inci- 24 dence disabilities as one of the greatest challenges to 25 VerDate Sep 11 2014 23:47 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1836.IS S1836 jspears on DSK30JT082PROD with BILLS 3 •S 1836 IS providing supports to students with significant dis- 1 abilities affecting communication. 2 (5) Title II of the Americans with Disabilities 3 Act of 1990 (including its implementing regulations) 4 requires local educational agencies to ensure that 5 communication with students with hearing, vision, or 6 speech disabilities is as effective as communication 7 with students without disabilities. To ensure this ef- 8 fective communication, schools must provide auxil- 9 iary aids and services where necessary to provide ef- 10 fective communication. 11 (6) Communication is both a basic human need 12 and right of all human beings. For individuals with- 13 out access to the means for meaningful communica- 14 tion, this right is denied. 15 (7) The leadership of individuals with signifi- 16 cant disabilities affecting communication is essential 17 to achieving solutions and obtaining supports that 18 improve, for such individuals, communication access 19 and participation in the decisions most impacting 20 their lives. 21 SEC. 3. PURPOSE. 22 The purpose of this Act is to provide for comprehen- 23 sive training, technical assistance, and resource centers on 24 VerDate Sep 11 2014 23:47 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1836.IS S1836 jspears on DSK30JT082PROD with BILLS 4 •S 1836 IS augmentative and alternative communication devices, serv- 1 ices, and supports that— 2 (1) are created and operate in order to raise ex- 3 pectations and improve awareness of the need for ef- 4 fective augmentative and alternative communication 5 devices, services, and supports for individuals with 6 significant disabilities affecting communication; 7 (2) identify, document, and disseminate infor- 8 mation regarding best and promising practices (in 9 existence on the date of identification of the prac- 10 tices), from research carried out in a manner that 11 includes individuals with significant disabilities af- 12 fecting communication and their families at every 13 point in the research process, to increase commu- 14 nication access, literacy, and effective communica- 15 tion for individuals with significant disabilities af- 16 fecting communication; 17 (3) partner with assistive technology or engi- 18 neering programs in institutions of higher education 19 to conduct research in and development of commu- 20 nication options for individuals with significant dis- 21 abilities affecting communication; 22 (4) increase the skills of speech-language pa- 23 thologists, special educators, early intervention spe- 24 cialists, occupational therapists, administrators, and 25 VerDate Sep 11 2014 23:47 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1836.IS S1836 jspears on DSK30JT082PROD with BILLS 5 •S 1836 IS related services personnel, to evaluate and provide 1 communication services, and other supports to indi- 2 viduals with significant disabilities affecting commu- 3 nication to enable those individuals to obtain in- 4 creased or improved— 5 (A) participation in elementary, secondary, 6 and postsecondary education; 7 (B) academic skills including literacy and 8 math skills; 9 (C) employment and career outcomes; and 10 (D) self-advocacy and self-determination 11 skills; and 12 (5) increase the ability of individuals with sig- 13 nificant disabilities affecting communication to com- 14 municate, through leadership training for individuals 15 who use augmentative or alternative communication 16 devices, services, or supports, their families, and per- 17 sons who provide devices, services, and other sup- 18 ports to such individuals, on topics related to self- 19 determination, self-advocacy, and person-centered 20 planning. 21 SEC. 4. DEFINITIONS. 22 In this Act: 23 (1) AUGMENTATIVE OR ALTERNATIVE COMMU- 24 NICATION DEVICE, SERVICE, OR SUPPORT.—The 25 VerDate Sep 11 2014 23:47 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1836.IS S1836 jspears on DSK30JT082PROD with BILLS 6 •S 1836 IS term ‘‘augmentative or alternative communication 1 device, service, or support’’ means the technology, a 2 service, or another support, used to supplement or 3 replace speech or sign language for an individual 4 who is unable to produce or be understood using 5 spoken or signed language. 6 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti- 7 ty’’ means an entity or partnership of entities that— 8 (A) submits an application to the Sec- 9 retary in accordance with section 6; 10 (B) represents a partnership between at 11 least 2 organizations demonstrating collabora- 12 tion among institutions of higher education, 13 and professional and self-advocacy disability or- 14 ganizations; 15 (C) is, or has at least 1 lead organization 16 that is, consumer-controlled and led and di- 17 rected by a council on which a majority of the 18 members are individuals with significant dis- 19 abilities affecting communication; 20 (D) has a cross-disability focus; 21 (E) has knowledge, experience, and capac- 22 ity in conducting training, technical assistance, 23 and research pertaining to augmentative and al- 24 VerDate Sep 11 2014 23:47 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1836.IS S1836 jspears on DSK30JT082PROD with BILLS 7 •S 1836 IS ternative communication and assistive tech- 1 nology devices, services, and supports; 2 (F) has experience working directly with— 3 (i) individuals with significant disabil- 4 ities affecting communication, and their 5 families; 6 (ii) elementary or secondary schools, 7 or postsecondary education programs; 8 (iii) independent living centers, em- 9 ployers, and State and local government 10 agencies; 11 (G) includes individuals with significant 12 disabilities affecting communication in positions 13 of leadership in the planning, management, and 14 operation of the training, technical assistance, 15 and research programs; 16 (H) has experience developing and main- 17 taining collaborative working relationships 18 among self-advocacy disability organizations, 19 professional organizations, and family organiza- 20 tions; 21 (I) has or will establish an advisory council 22 or similar entity, a majority of the members of 23 which are individuals with significant disabil- 24 ities affecting communication who use augment- 25 VerDate Sep 11 2014 23:47 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1836.IS S1836 jspears on DSK30JT082PROD with BILLS 8 •S 1836 IS ative or alternative communication devices, sys- 1 tems, or supports; and 2 (J) has a mission that values the impor- 3 tance of presuming competence of individuals 4 with significant disabilities affecting commu- 5 nication and their ability to express themselves 6 in the manner of their choosing. 7 (3) INDIVIDUALS WITH SIGNIFICANT DISABIL- 8 ITIES AFFECTING COMMUNICATION.— 9 (A) IN GENERAL.—The term ‘‘individual 10 with a significant disability affecting commu- 11 nication’’ means an individual of any age with 12 1 or more disabilities that affect communica- 13 tion, resulting in the need for extensive and on- 14 going support in order to enable the individual 15 to participate— 16 (i) in an integrated community set- 17 ting; and 18 (ii) in all aspects of life. 19 (B) PLURAL.—The term ‘‘individuals with 20 disabilities affecting communication’’ means 21 more than 1 individual with a disability affect- 22 ing communication. 23 (4) INSTITUTION OF HIGHER EDUCATION.—The 24 term ‘‘institution of higher education’’ has the 25 VerDate Sep 11 2014 23:47 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1836.IS S1836 jspears on DSK30JT082PROD with BILLS 9 •S 1836 IS meaning given the term in section 101(a) of the 1 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 2 (5) RELATED SERVICES.—The term ‘‘related 3 services’’ means such services within the meaning of 4 the Individuals with Disabilities Education Act (20 5 U.S.C. 1400 et seq.). 6 (6) SECRETARY.—The term ‘‘Secretary’’ means 7 the Secretary of Health and Human Services. 8 SEC. 5. GRANTS. 9 (a) IN GENERAL.—The Secretary shall award grants 10 to eligible entities, through an open competition, to sup- 11 port comprehensive training, technical assistance, and re- 12 source centers (referred to individually in this Act as a 13 ‘‘National Resource Center’’). 14 (b) AMOUNT.—In awarding grants under this section, 15 the Secretary shall, to the extent practicable, award a 16 grant to an eligible entity in an amount of not less than 17 $500,000 and not more than $2,000,000 per year. 18 (c) DISTRIBUTION.—The Secretary shall award not 19 fewer than 2 and not more than 5 of the grants. The Sec- 20 retary shall award the grants to eligible entities in geo- 21 graphically diverse regions of the Nation. 22 (d) PERIODS.—The Secretary shall award grants for 23 periods of 5 years, through an open competition held ini- 24 tially and at the end of each 5-year period. An eligible 25 VerDate Sep 11 2014 23:47 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1836.IS S1836 jspears on DSK30JT082PROD with BILLS 10 •S 1836 IS entity that receives a grant under this section may reapply 1 for such a grant at the end of the grant period. 2 SEC. 6. APPLICATIONS. 3 (a) IN GENERAL.—To be qualified to receive a grant 4 under section 5, an eligible entity shall submit an applica- 5 tion to the Secretary at such time and in such manner 6 as the Secretary may require. 7 (b) CONTENTS.—Each such application shall include, 8 at a minimum, each of the following: 9 (1) A description of the applicant’s experience 10 in providing training, information, and support re- 11 lated to augmentative and alternative communica- 12 tion devices, services, and supports to individuals 13 with significant disabilities affecting communication. 14 (2) A description of the applicant’s experience 15 in providing training, information, and support to 16 early intervention specialists, and elementary edu- 17 cation, secondary education, postsecondary edu- 18 cation, and community personnel, related to aug- 19 mentative and alternative communication devices, 20 services, and supports. 21 (3) A description of the applicant’s experience 22 in working with State, local, and, in appropriate 23 cases, tribal government agencies in providing train- 24 ing, information, and support related to augment- 25 VerDate Sep 11 2014 23:47 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1836.IS S1836 jspears on DSK30JT082PROD with BILLS 11 •S 1836 IS ative and alternative communication devices, serv- 1 ices, and supports. 2 (4) A description of the applicant’s experience 3 in disseminating training and information to mul- 4 tiple stakeholders. 5 (5) A description of the applicant’s plan to en- 6 sure that the applicant will provide training, tech- 7 nical assistance, and information to the communities 8 most in need of the knowledge and ability to obtain 9 augmentative and alternative communication devices, 10 services, and supports, including low-income commu- 11 nities, and individuals with significant disabilities af- 12 fecting communication and their families. 13 (6) A description of the applicant’s partnerships 14 with consumer-controlled organizations focused on 15 augmentative and alternative communication devices, 16 services, and supports. 17 (7) An assurance that the applicant, acting 18 through the National Resource Center, will— 19 (A) work with State, tribal, and local gov- 20 ernment agencies and educational agencies to 21 disseminate information about augmentative 22 and alternative communication devices, services, 23 and supports; 24 VerDate Sep 11 2014 23:47 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1836.IS S1836 jspears on DSK30JT082PROD with BILLS 12 •S 1836 IS (B) increase the capacity of early interven- 1 tion service, elementary and secondary edu- 2 cation, postsecondary education, and develop- 3 mental disability services agencies to provi [Text truncated for display. 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