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Let My Children Go: �Advocating for Off-Campus O&M

By the FAPE Committee/O&M Contingent

Saturday, December 3, 2022

Southern California Association of Orientation & Mobility Specialists

SCAOMS Conference

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Purpose and goals of this workshop

  • Identify the basic provisions of the federal and California state law that supports students’ right to community-based O&M.

  • Identify defensible ways to support and document student need for community-based O&M.

  • Identify resources to help support parents in advocating for community-based instruction for their children.

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Laws about off-campus O&M

Federal law:

  • IDEA Sec. 300.34 (c) (7) (i)

State law:

  • California Education Code, Special Education
  • Section 56353 & Section 56354

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IDEA 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…” (my underlining)

Federal Register: for policy guidance on the IDEA

https://www.federalregister.gov/documents/2000/06/08/00-14485/educating-blind-and-visually-impaired-students-policy-guidance

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“Expanded core curriculum:� visually impaired pupils”

AB-947

Amended California Education Code

Added Section 56353 & Section 56354 to

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

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

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California Ed Code: Citations

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

  • TVI and O&M services permitted before or after school hours. Section 56353 (c)

  • O&M provided by a certified O&M Specialist. Section 56354 (a)(1)

  • O&M in familiar and unfamiliar environments, required. Section 56354 (a)(2)

  • No district restrictions on community-based O&M instruction. Section 56354 (b)

  • O&M in varying lighting conditions. Section 56354 (b)

  • District provides transportation “equally effective” to O&M driving student. Section 56354 (c)(2)

  • instruction in all areas of the entire ECC is “permitted”: Section 56353 (a),

  • State will reimburse the district for costs. Section 56354, SEC. 4.

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Why aren’t districts following the law?

  • Administrators aren’t familiar with it
    • Solution: inform them

  • Administrators have liability concerns
    • Solutions:
      • reassure them
      • document needs

  • Parents aren’t advocating
    • Solution: provide resources

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What You Can Do

NOTE: You must follow the district’s policies,

but

you can support students and parents by

  • Informing administrators
  • Reassuring administrators
  • Documenting student needs
  • Referring parents to resources

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CAVEAT!

The following are ideas.

These are NOT directions.

  • Tailor your approach to the people involved

  • Aim at positive working relationships

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Informing Administrators

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Inform Administrators of the Laws

You can

  • Assume their good intentions
  • Emphasize your wish to protect the district
    • Provide specific legal citations
  • Include the reimbursement provision

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Inform Administrators of O&M Practice Standards

You can

  • Provide the link to California Program Guidelines

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

(Note:: the Guidelines are not legally binding)

  • Provide the sections of the blank evaluation protocol for off-campus O&M (e.g., TAPS)

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DOCUMENT, DOCUMENT, DOCUMENT

your conversations with administrators

Following up verbal exchanges with email

  • Provides administrator with specifics to investigate

  • Protects you: shows the service gap is not your fault!

  • Provides parents and their advocates with actionable info

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Reassuring Administrators

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Inform Administrators of Safety Precautions

You can

  • Empathize with their liability concerns

    • Explain your safety precautions
    • Describe your training
    • Explain your monitoring procedures
    • Describe your scanning for traffic and hazards
    • Report your safety record
    • Provide your parent permission form
    • Specify procedures for signing students out

Compare O&M to other school-sponsored off-campus activities (e.g., sports, field trips): much better staff-to-student ratio!

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Documenting Student Need

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You can document student need in the

  • Evaluation protocol (form)
  • Evaluation report
  • IEP (form and meeting)
    • Present Levels
    • Goals
    • Services
    • Special Factors
    • Notes

Document thoroughly, even if your district follows the law, to protect your student if she/he moves away.

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Student Need in the Evaluation Protocol

You can

    • Use a standardized protocol that addresses off-campus/community-based O&M (e.g., TAPS)

    • Keep a copy of evaluation protocol

    • Give original completed protocol to the administrator for the cum file

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What if you can’t evaluate a community skill directly?

You can

  • Interview the parent
    • TAPS includes a parent interview

  • Use the off-campus sections of the protocol
      • Example: “not evaluated; parent states that...”

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Student Need in the Evaluation Report

You can

  • Write the parent’s statements in the report
    • From the parent interview in the protocol

  • Cite the environments and the law in your qualification statement

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Evaluation Report: Sample Qualification Statement

You can

List environments and cite the law in your report

Example: Student’s visual impairment affects his educational and social performance in that it interferes with the ability to move safely and independently on the school campus, at home, and in the wider community for education, employment, social connection, and recreation. Student has the potential to improve these skills through the provision of Orientation & Mobility services. Therefore, student qualifies for Orientation & Mobility Services in the school, home and community under the Individuals with Disabilities Education Act, Section 300.34 (c) (7) and California Education Code Sections 56353 and 56354.”

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Student Need in the IEP: “Present Levels”

You can state

  • Expected limitations from medical diagnosis, current functioning:

Example: Antonio has Retinitis Pigmentosa, which causes progressive loss of color vision, tunnel vision and night blindness. Antonio has moderate tunnel vision, approximately 45 degrees in all directions, and he bumps into obstacles to the side. He cannot distinguish between very dark or very pale colors. Antonio says that he cannot see very well in low lighting, including at night.

  • “Parent Input”, after your narrative:

Example: Dad reports that Shahada cannot cross the street by herself at traffic lights because she cannot see the color of the light. She can’t walk to the store by herself because she cannot cross the street.

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Student Need in the IEP: “Goals”

You can

Specify conditions in the goal (type of environment, unfamiliar vs. familiar, lighting conditions).

Example: By (date), with monitoring from 5’-10’ away and given the name of a business in an unfamiliar light business district within 5 blocks, student independently will locate this business using an accessible GPS system, on 3 occasions.

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Student Need in the IEP: “Services” Pages

You can

Specify location and environmental conditions in the “Consultation Services” section:

Example: Consultation between the Orientation & Mobility Specialist and the parents on how to support safe mobility at home, in familiar and unfamiliar settings, and in varying lighting conditions per California Education Code Section 56354 (a)(2) and 56354 (b).

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In IEP “Services”: “Other Supports”

You can

Specify location and environmental conditions under “Other Supports for School Personnel, or for Student, or on Behalf of Student”

    • Example:

Orientation & Mobility Specialist will instruct staff on how to guide Malik in unfamiliar areas with dim or low lighting per California Education Code Section 56354 (a)(2) and 56354 (b).

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In IEP “Services”: “Related Services”

You can

Specify conditions and cite the law under “Special Education and Related Services”:

  • “Location”: 900: Any other location or setting

AND

  • Comments”:

Example: Instruction may take place throughout the school campus, at home, and in the community, per Section 300.34 (c)(7)(i) of the Individuals with Disabilities Education Act and Sections 56353 and 56354 the California Education Code/Special Education. Orientation & Mobility lessons must be scheduled at times that do not interfere access to the core curriculum (student) needs to meet graduation requirements

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Student Need in IEP: “Special Factors”

You can

Specify conditions and cite the law

In “Considerations if the student is blind or visually impaired”

Example: Corrine needs Orientation & Mobility Services for safe travel in familiar and unfamiliar environments per Section 300.34 (c)(7)(i) of the Individuals with Disabilities Education Act and Sections 56353 and 56354 the California Education Code/Special Education. Orientation & Mobility lessons must be scheduled at times that do not interfere with access to the core curriculum Corrine needs to meet graduation requirements.

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Student Need in IEP: “Notes”

You can

    • Ask that the student’s needs be written into the “Notes”.

    • Before signing the IEP, check to assure your comments are written accurately.

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Supporting Parents

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Parent Power

Parents can advocate for community-based O&M through the IEP process. If the district declines, parents can pursue

  • Facilitated IEP
  • Mediation
  • Compliance complaint
  • Due process

Out-of-court settlement affects only 1 student

Legal decisions may create a precedent that could affect an entire classification of students

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How can you support parents?

  • DOCUMENT STUDENT NEED IN THE IEP
    • Student need drives services

  • INCLUDE LEGAL CITATIONS IN REPORTS
    • Provides specific basis to support the need

  • REFER PARENTS TO INFO AND MENTORING
    • Referrals can go in the Evaluation Report under your “Recommendations” section, under “Resources for Family”
    • Request that the Referrals be documented in the “Notes” of the IEP

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Parent Referrals in the Evaluation Report

You can

Include referrals as “Recommendations” of your report.

Recommendations - in multiple sections, such as:

1. Instructional Procedures

2. Equipment Needed

3. Recommendations for Family

  • Parent and student supports (see next slide)

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Example: Referrals in Evaluation Report

  • Parent and student supports:
    • California Association for Parents of Children with Visual Impairments (CAPVI)
  • https://www.csb-cde.ca.gov/about/organizations/capvi.aspx
  • Contact CAPVI at inland2wards@gmail.com
    • Parents of Blind Children
      • blindwise.jj@gmail.com
    • Parent Connect virtual parent support group, Chicago Lighthouse for the Blind
  • https://aph.zoom.us/meeting/register/tJ0udumhpzgrH9ClyhlmescdBFWaqKzEj6P8
  • Community service agencies for visually impaired youth and adults:
    • Community Center for the Blind:
  • http://www.communitycenterfortheblind.org/
  • https://lighthouse-sf.org/programs/youth/
  • Consumer organizations for individuals with disabilities/visually impaired individuals:

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In Conclusion

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Resources

Contact the FAPE Committee: caomfape@gmail.com

Advocacy Resources:

  • Disability Rights California (DRC)

https://www.disabilityrightsca.org/

916-504-5800

  • Disability Rights Education and Defense Fund (DREDF)

https://dredf.org/

510.644.2555 v, 510-841-8645 fax/tty

  • Christian Knox, Ruderman & Knox, LLP

http://rudermanknox.site/

916-563-0100

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We need an ECC Mandate!

Our students now have the right to off-campus O&M as needed. Now let’s go for the ECC mandate.

  • In California: support our new bill
    • Watch your email inbox for Action Alerts
    • At the federal level, support the Cogswell-Macy Act: https://cogswellmacyact.org/

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Mobility: A Basic Freedom

The FAPE Committee appreciates the hard work you do every day to improve the daily lives and future prospects of our students.

Keep up the excellent work!