Transporting Students for O&M

O&M Transportation Issues – Resources & Information

by Brenda Naimy, MA, COMS

California State University/Los Angeles

Federal and state law clearly establish that O&M services are a related service and that such services include instruction in the community. Transportation, when it is required to assist a child in benefiting from special education, is also considered a related service – and districts are responsible for providing transportation for community instruction.

Resources & Info:

1)   "Visually impaired pupils: expanded core curriculum" – California Law.  In 2019, California passed AB 947 that adds Education Code section 56353 and 56354 to law. This law explicitly addresses the failures of school districts to provide transportation for O&M services in the community, in Section 1, C) “The provision of orientation and mobility services, which are used to teach individuals with vision loss how to navigate around and travel in their homes, schools, and communities, is a prime example of an area in which school district restrictions have led to the preclusion or limitation of the ability to provide services. School districts and county offices of education have, with increasing frequency, been imposing restrictions on the provision of services that often make it difficult, if not impossible, for orientation and mobility specialists to provide these services to their pupils. These restrictions include, but are not limited to, prohibiting services before or after regular school hours and prohibiting off-campus services or limiting the area in which services can be provided to within a few blocks of the campus.”

California Education Code, Section 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.

(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.

(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.).

(c) (1) 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.

(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.

2)      IDEA Federal Regulations identify transportation as a related service. In effect, AB 947 reaffirms federal law, in terms of the rights of students with visual impairments to a free appropriate public education. The main purposes of the Individuals with Disabilities Education Act ("IDEA") are: 1) to ensure that all children with disabilities have available to them a free appropriate public education ("FAPE") that emphasizes special education and related services designed to meet their unique needs and to prepare them for employment and independent living; and 2) to ensure that the rights of children with disabilities and their parents are protected. 20 U.S.C. § 1400( d)(1); Ed. Code, § 56000(a).

A FAPE means special education and related services that are available to an eligible child at no charge to the parent or guardian, meet state educational standards, and conform to the child's IEP. 20 U.S.C. § 1401(9); 34 C.F.R. § 300.17; 5 C.C.R. § 3001(P). "Special education" is instruction specially designed to meet the unique needs of a child with a disability. 20 U.S.C. § 1401(29); 34 C.F.R. § 300.39; Ed. Code, § 56031. "Related services" are transportation and other developmental, corrective, and supportive services as may be required to assist the child in benefiting from special education. 20 U.S.C. § 1401(26); 34 C.F.R. § 300.34; Ed. Code, § 56363(a).

3)      California Ed Code identifies O&M as a Designated Instructional Service.  California Education Code section 56363, subdivision (a), similarly provides that designated instruction and services (DIS), California's term for related services, shall be provided "when the instruction and services are necessary for the pupil to benefit educationally from his or her instructional program." Orientation and mobility services are considered a related service. Education Code section 56363(b)(3); 34 CFR 300.34(a).

4)      IDEA Regs on O&M explicitly describes training in the community. The Code of Federal Regulations, Title 34, section 300.34(c)(7) defines orientation and mobility

services as:

"(i) ... 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; and

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

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

senses (such as sound, temperature and vibrations) to establish, maintain, or

regain orientation and line of travel (e.g., using sound at a traffic light to cross the

street);

(B) To use the long cane or a service animal to supplement visual travel skills or

as a tool for safely negotiating the environment for children with no available

travel vision;

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

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

 5)  “Orientation & Mobility in Natural Environments”, Position Paper, Association for Education and Rehabilitation of the Blind and Visually Impaired (AER), Orientation & Mobility Div 9.    

6)  Federal Register policy guidelines for IDEA that specially addresses transportation of kids with disabilities in the definition of Transportation. For example, if the O&M requirements in the IEP call for training with intersections, the school district is responsible for transportation, just like a field trip or a ride to school. There must be a transferable reason though, such as the child walks home or is old enough to consider going away to college; transition is another good venue for justification. If they do not want you to transport the child they must make reasonable accommodations for the education of the child. The documents basically give you the rationale for how decisions and policy guidelines are made. I copied and pasted the pertinent information below, but here’s the link to the Federal Register that is from: http://idea.ed.gov/download/finalregulations.pdf

Transportation (§ 300.34(c)(16))

Comment: A few commenters stated that the definition of transportation should require transportation to be provided between school and other locations in which IEP services are provided. Other commenters requested that the definition explicitly define transportation as door-to-door services, including provisions for an aide to escort the child to and from the bus each day.

Discussion: A child’s IEP Team is responsible for determining whether transportation between school and other locations is necessary in order for the child to receive FAPE. Likewise, if a child’s IEP Team determines that supports or modifications are needed in order for the child to be transported so that the child can receive FAPE, the child must receive the necessary transportation and supports at no cost to the parents. We believe the definition of transportation is sufficiently broad to address the commenters’ concerns. Therefore, we decline to make the requested changes to the definition.

Changes: None.

7) California Guidelines for Programs Serving Students with Visual Impairment