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Off-Campus Orientation & Mobility: Tips for Administrators

Presented by the FAPE Committee

California Association of Orientation & Mobility Specialists

Rev 6/12/22

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Purpose and Goals

To support Special Education administrators to deliver Orientation & Mobility (O&M) services that:

  • Comply with the law

  • Address liability

  • Maintain fiscal integrity

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Educational Access is Not Just At School!

Most Designated Instructional Services (DIS), educational access is limited to school.

For O&M, educational access is legally defined as in the “home, school, and community”. IDEA Section Sec. 300.34 (c) (7) (i), California Ed Code, Section 35635, 4 (a) (2)

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Federal Law: IDEA

Individuals with Disabilities Education Act

Image: map of the United States

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IDEA: Community-Based O&M

Sec. 300.34 (c) (7) (i)

Orientation & Mobility means “services provided to blind or visually impaired children by qualified personnel to enable those students to attain systematic orientation to and safe movement within their environments in school, home, and community;…”

Under IDEA, community-based instruction is part of the definition of O&M instruction for students with visual impairments.

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IDEA : O&M Skills

Sec. 300.34 (c) (7) (ii)

(ii) Includes teaching children the following, as appropriate:

(A) Spatial and environmental concepts and use of information received by the senses…

(B) To use the long cane or a service animal …

(C) To understand and use remaining vision and distance low vision aids; and

(D) Other concepts, techniques, and tools.”

The scope of O&M is broad and open-ended.

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IDEA: Transportation for Education Access

Transportation for access to educational services is to be provided by the school district.

Sec. 300.34 (a)

“Related Services – are transportation and other developmental, corrective, and supportive services as may be required to assist the child in benefitting from special education. 20 U.S.C. § 1401(26); 34 C.F.R. § 300.34; Ed. Code, §56363(a).”

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IDEA: Transportation for O&M

Sec. 300.34 (a)

“Related services means transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education, and includes…orientation and mobility services…for diagnostic or evaluation purposes.”

Transportation covers related services, including O&M.

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for policy guidance on the IDEA

“Providing these children with needed orientation and mobility services at the appropriate time increases the likelihood that they can participate meaningfully in a variety of aspects of their schooling, including academic, nonacademic, and extracurricular activities.”

“These skills also should enhance the ability of blind and visually impaired students to obtain employment, retain their jobs, and participate more fully in family and community life.

“Therefore, acquisition of orientation and mobility skills, like the acquisition of other skills such as academic and social skills, is of great importance to the social and economic independence of blind and visually impaired persons.

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California Education

Code

Image: map of California

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“Expanded core curriculum: visually impaired pupils”

Effective January 1, 2020

Amendment to

California Education Code

TITLE 2, DIVISION 4, PART 30, CHAPTER 4, ARTICLE 3.5,

Section 56353 & Section 56354

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=20192020:0AB947

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Ed Code: Certification Requirement

“If an orientation and mobility evaluation is determined to be needed for a pupil who is blind, has low vision, or is visually impaired, it shall be conducted by a person who is appropriately certified as an orientation and mobility specialist.”

Cal. Ed. Code § 56354 (a) (1)

LEAs must verify that the O&M has the “Clinical or Rehabilitative Services Credential in Orientation and Mobility.

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Ed Code: Off-Campus Services

“The orientation and mobility evaluations described in paragraph (1) shall occur…in the home, school, and community, as appropriate.”

Cal. Ed. Code § 56354 (a) (2)

LEAs must allow O&M evaluation at home and in the community.

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Ed Code: Services Beyond School Hours

“When appropriate to ensure that a pupil will receive adequate services under this section, those services may be provided before or after school hours.” Cal. Ed. Code § 56353 (c)

LEAs are allowed to provide both O&M and TVI services outside of school hours.

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Ed Code: Parental Permission

“A local educational agency may require annual written parental consent to provide the services described in subdivision (b) when those services are provided before or after regular school hours and when those services are provided away from the school site.” Cal. Ed. Code § 56354 (1)

The LEA may require permission forms for O&M services outside of school hours and off the school campus.

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Ed Code: Familiar and Unfamiliar Environments

“The orientation and mobility evaluations described in paragraph (1) shall occur in familiar and unfamiliar environments, in varying lighting conditions, and in the home, school, and community, as appropriate.”

Cal. Ed. Code § 56354 (a) (2)

The LEA must allow O&M evaluations in both familiar and unfamiliar environments.

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Ed Code: Night Sessions

“(b) (2) The orientation and mobility evaluations described in paragraph (1) shall occur in familiar and unfamiliar environments, in varying lighting conditions, and in the home, school, and community, as appropriate.”

Cal. Ed. Code § 56354

O&M evaluations must include consideration of different lighting conditions. Night travel screenings may be indicated for students suspected of having worse vision at night.

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Ed Code: Full Environmental Access

“…a local educational agency shall not impose any limitations that result in the preclusion or the limitation of the ability of a pupil to receive instruction in orientation and mobility services in the home, school, or community setting and in varying lighting conditions, as designated in the pupil's individualized education program and provided for pursuant to the federal Individuals with Disabilities Education Act( 20 U.S.C. Sec. 1400 et seq.). Cal. Ed. Code § 56354 (b)

LEAs may not place limitations on community-based O&M instruction

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Ed Code: Effective Transportation

“(c) (2) If a local educational agency prohibits an orientation and mobility specialist from using their vehicles for the transportation of pupils to and from orientation and mobility instruction, the local educational agency shall provide, without cost to the orientation and mobility specialist, an equally effective transportation alternative for that purpose.”

Cal. Ed. Code § 56354

LEAs must either allow the O&M specialist to use their vehicles for transport or provide free transportation that is comparable to the O&M specialist driving the student in their personal vehicle.

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What is “Equally Effective” Transportation?

As effective as the O&M Specialist’s personal vehicle:

  • Easy, reliable, and verifiable reservation process
  • Timely scheduling with a week’s notice or less
  • Flexible time slots to fit with student availability for lessons
  • Continuous access: during school day, before or after school hours, and evening
  • Reasonable transportation time
  • Convenient location to pick up and drop off vehicle
  • Compensation when the time the O&M Specialist spends for vehicle pick-up and drop-off vehicle extends beyond contract hours

Relying solely on public transit may significantly increase transit time.

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California Guidelines for O&M in Schools

“Guidelines for Programs

Serving Students With Visual Impairments”

Published by the California Department of Education

https://www.csb-cde.ca.gov/resources/standards/documents/viguidelines-2014edition.pdf

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Liability

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Student safety is paramount!

Your O&M Specialist has the skills, training, and environment needed to keep students at least as safe as students on a regular ed class field trip or on special ed community-based instruction.

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O&M Safety Procedures

Environmental assessment

  • Environment is matched to the student’s skill level
  • When time allows, Specialist checks the area in advance for dangers

Monitoring distance

  • Individualized for the student, the environment, and the task
  • For new students, monitoring is within arm’s reach
  • O&M Speicalist stays within arm’s reach until proven that more distance is safe

Scanning techniques

  • O&M Specialist uses systematic visual and auditory scanning for vehicles and for hazards

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Off-Campus Safety Comparison

Regular Ed Field Trip

  • Student/staff ratio more than 1:1
  • Staff rely on personal judgement and generic district policies
  • Volunteer assistance common

Special Ed Group CBI

  • Student/staff ratio more than 1:1
  • Staff may or may not have received training on adapted scanning and street-crossing techniques

O&M Instruction

  • Staffing ratio = 1:1
  • Student is continuously monitored
  • O&M Specialist is professionally trained in safety and supervision techniques for visually impaired

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O&M is a unique, highly individualized form of one-on-one instruction provided by a highly trained specialist.

O&M: not a just a “field trip”

Protect yourself and your LEA!

Create specialized policies, procedures and documentation

that are code-compliant and that address the unique characteristics of O&M.

Image: stick figure walking with long cane.

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Parental Permission

Form:

Specific to O&M

Develop a form specific to O&M, because O&M lessons are different from generic school “field trips”:

  • Procedures are different
  • Location varies
  • Dates and times vary

LEA’s legal counsel should review the form

  • Your legal counsel may need info about O&M

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Team with your O&Ms to ensure that the procedures are reasonable.

Create Written Procedures

Forms:

  • Content
  • Signatures
  • Storing original
  • Distributing copies
  • Disclaimer

Lessons:

  • Regular schedule and schedule changes
  • Informing parent
  • Signing student in and out
  • On-hand documentation
  • Safety precautions

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Document Student Needs

What to document

  • Environment types
  • Supervision level for
    • Obstacle
    • Drop-offs
    • Traffic
  • Impact of behavior and health
  • Transportation time
  • Parent permission

Where to document

  • Evaluation report
  • IEP
    • Present Levels
    • Goals
    • Services
    • Special Factors
    • Notes
  • Parent permission form

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Summary: Minimizing Liability

Administrator’s role:

  • Follow Ed Code
  • Establish and enforce reasonable procedural safeguards
  • Obtain comprehensive liability insurance coverage

O&M Specialist’s role:

  • Consult on development of procedural safeguards
  • Follow procedural safeguards
  • Document student needs
  • Adhere to IEP
  • Carry appropriate documentation
  • Provide specialized supervision
  • Keep appropriate staff informed

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Fiscal Impact

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Reimbursement

In California, the state will reimburse the LEA for the costs of providing community-based O&M services

“If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.”

California Education Code, Section 56354, Section 4

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Costs

Costs associated with providing community-based O&M may include:

  • Transportation between school site and instructional sites
  • Public transit fares (for students with IEP goals in this area)
  • Liability insurance
  • Potential litigation

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Cost: Transportation

  • Must be “equally effective” as driving student in personal vehicle

Transportation Type

District Cost

O&M Specialist drives student in personal vehicle

Reimbursement for mileage and for enhanced auto liability coverage

* O&M Specialist drives student in district vehicle

Gas, vehicle maintenance, and auto insurance

* Designated district driver drives student and Specialist in district vehicle

Gas, vehicle maintenance, auto insurance, and driver wages.

* Ride-sharing service (e.g., taxi, Lyft)

Pre-pay plan or reimbursement to O&M Specialist

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Cost: Public Transit

We do not recommend relying on public transit to and from O&M lessons, because in most places:

  • Bus stops may be far from your school and/or the destination
  • Bus schedules may not fit student availability
  • Bus travel usually takes longer than driving

When public transportation is the actual content of the evaluation and instruction, the district must cover the fares. For these students:

  • The cost is minimal compared to your department’s budget
  • Pre-paid tickets are the most efficient option

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Cost: Liability Insurance

Liability insurance is a necessary and worthwhile investment

  • Be transparent with your insurance provider to ensure that activities associated with O&M lessons will be covered
  • Consider sharing costs across your SELPA or with neighboring SELPAs
  • Research liability policies that strike a comfortable balance between cost and coverage

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Cost: Potential Litigation

Litigation can be extremely expensive!

To maximize cost-effectiveness:

  • Comply with the law

AND

  • Develop, implement, and document reasonable safety protocols specialized for O&M services

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Mobility: A Basic Freedom

Thank you!

The California Association of Orientation & Mobility Specialists appreciates your hard work to improve the daily lives and future prospects of our students.