Reference: https://journals.sagepub.com/eprint/GSJ9UJWTUECHKEIFBQPX/full
Out and About in California:
Legislative Advocacy for O&M and ECC Instruction in the School System
Presented by Dr. Nicholas Casias, Brenda Naimy & Jaye Shupin
to the Orientation & Mobility Specialist Association
December 5, 2022
“Visually impaired pupils: expanded core curriculum”
Assembly Bill No. 947
By Assembly Member Sharon Quirk-Silva
CHAPTER 778
An act to add Sections 56353 and 56354 to the Education Code, relating to special education.
ANNOUNCED OCTOBER 15, 2019
HAPPY WHITE CANE DAY!
Districts can “consider” (not require) ECC
56353 (a) : The Legislature finds and declares that the expanded core curriculum is a set of knowledge and skills in which instruction or services, or both, may be beneficial to a pupil who is blind, has low vision, or is visually impaired. Local educational agencies may consider the expanded core curriculum when developing individualized education programs for a pupil who is blind, has low vision, or is visually impaired.
Services Outside of School Hours Are�Allowed
56353(c): “When appropriate to ensure that a pupil will receive adequate services under this section, those services may be provided before or after school hours.”
Evaluators Must Be�“Appropriately Certified”
56354 (a) (1): 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.
Travel Environments & Conditions Must Be�Expansive
56354 (2): The orientation and mobility evaluations described in paragraph (1) shall occur in
Transportation Must Be�Provided by District
56354 (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.
Limitations Are�Prohibited
56354 (b): Except as specified in subdivision (c), 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.).
Section 56353
Section 56354
Reports of Statewide:
Students Denied Community-Based O&M
Northern California
Folsom-Cordova Unified School District (FCUSD):
Southern California
Los Angeles County Office of Education (LACOE and other districts):
Step 1:
Try an Educative Approach
Inform administration of:
State Dept of Ed dispute resolution procedure
Brenda filed a “Uniform Complaint” to LACOE
For your state’s procedure: search the internet for “dispute resolution”, “department of education”, and the name of your state
Step 2:
Utilize Existing Complaint Procedures
Option 1: For anyone
Parent uses the IEP process outlined in IDEA to
We reached out to parents.
No parents filed a complaint against their school district.
Recommended resource: “Special Education Rights and Responsibilities”
Existing Complaint Procedures
Option 2: for parents only
IEP Process
A lawsuit decided in the parent’s favor at the state federal level could set a legal precedent for other families.
Existing Complaint Procedures:
Option 2: for parents only
Step 3:
Identify the nature and scope of the problem
Statewide Survey of O&Ms
March 2018
64 O&M Specialists responded
Step 4:
Gather Resources
Personnel
Documentation
Organizations
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Our Personnel Resources
Our Primary Organizational Resources
Founding organization
California Association of O&M Specialists (our regional professional organization)
Primary partner agency:
California Council of the Blind (CCB)
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Our Additional Organizational Resources
Professional organizations
Parent organizations
Consumer organizations
Service agencies
Generic disability agencies
State agencies
Our Documentation Resources
Federal and State Laws and Regulations
Professional literature
Our Financial Resources
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Step 5:
Consider Possible Options
Procedural:
Professional
Legal: single case or class action
Legislative:
Step 6:
Target a Solution
Hybrid Approach: we tried it all!
Our Targeted Solution:
Legislation
Benefits of a law
Step 7:
Develop an Action Plan
Step 8:
Legislative Action
Draft the bill
Develop a communications network with stakeholders
Obtain community input
Find a legislator to “author” the bill
Follow the bill through the legislature
Alert stakeholders when supportive action is needed
SCAOMS Delegation to the Office Of
Assembly Member Quirk-Silva
Louis Lemonnier (Principal of Hope School), Marion Dawirs (Braille Transcriber), Dr. Nicholas Casias, COMS (President of SCAOMS), Katelynn Guerrero (9th grade student at Anaheim High), Kelly Grove (TVI), Dr. Robyn Casillas, COMS, Organizer; Assembly Member Sharon Quirk-Silva (with CAOMS hat and swag), Cecelia Vera (9th grade student at Anaheim High), Evan Guerrero (10th grade student at Anaheim High), Evelyn Maldonado (10th grade student at Anaheim High), and Cynthia Lopez (TVI).
Image: photo of 4 women, 3 men, and 4 children in front of a building with a banner “Sharon Quirk-Silva”
NCAOMS delegation to the Office of
Assembly Member Brian Dahle
(From left to right) Shalee McClendon-Stent, parent; Shianna McClendon, 10th grader at Nevada Union High School; Sarah Souza, parent; William Souza, 8th grader at Ready Springs Elementary School; Assembly Member Brian Dahle, District 1; Mason Haase, 7th grade at Grass Valley Charter School; Debra Morris, Principal of Nevada County Superintendent of Schools Special Education Services; & Debra Christenson, O&M/TVI, Organizer.
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COMMITTEE VOTES | FOR | AGAINST |
Assembly Education | 6 | 0 |
Assembly Appropriations | 17 | 0 |
Assembly Floor | 76vot | 0 |
Senate Education | 7 | 0 |
Senate Appropriations | 7 | 0 |
Senate Floor | 40 | 0 |
Governor Newsome | 1 | 0 |
TOTAL SCORE | 154 | 0 |
Votes in the Legislature:
OUR SCORE CARD
Step 9:
Informing Stakeholders
Communication is key throughout:
Communication to infinity and beyond!
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Ongoing Support
CAOMS provides ongoing support to O&M Specialists:
CAOMS will post additional materials on its website: caoms.org
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Follow Up: 2020
The FAPE Committee met with the Director of Special Ed of the Dept of Ed.
The Dept of Ed issued a brief notification to SELPAs of the new law.
Follow Up: 2021
The FAPE Committee re-introduced the ECC mandate:
The Chair of the Assembly Education Commitee
killed the bill (no new mandates!)
ECC mandate: according to individual need,
Workload analysis mandate:
Current status
Follow Up: 2022
In Process
Planned Follow-Up:
2023
Revise to reflect current status
ECC mandate: according to individual need,
Workload analysis mandate:
Yes We Can!
And so can you.
Every LEA, every state, every child!
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Reference
“Advocating for Off-Campus Orientation & Mobility Instruction in California: A Successful Grassroots Movement”, by C. Jaye Shupin, Brenda Naimy and Nicholas B. Casias. Journal of Visual Impairment & Blindness, Volume 116, Issue 4. (First published online August 23, 2022.)
https://journals.sagepub.com/eprint/GSJ9UJWTUECHKEIFBQPX/full