[Nfbc-info] AB 947 Visually Impaired Pupils: Expanded Core Curriculum

[Shannon Dillon]

Hi Everyone,

We have a bill number for the bill  to make sure students who need it
can get mobility training off campus and outside of school hours.
Below I'll paste the text of the bill, as well as the link to the page
if you want to go look around on the Leginfo page. I'll also paste the
fact sheet and sample language you can use to contact the bill sponsor
to ask them to support AB 947. The sample language is at the bottom of
the email. You've seen a lot of this information before but I thought
people might want everything in one place. Please forward this email
to those who might be interested.


Bill Start








CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION


Assembly Bill  No. 947




Introduced by Assembly Member Quirk-Silva


February 20, 2019



 An act to add Sections 56353 and 56354 to the Education Code,
relating to special education.




LEGISLATIVE COUNSEL'S DIGEST


AB 947, as introduced, Quirk-Silva.Visually impaired pupils: expanded
core curriculum.


(1) Existing law establishes a right of individuals with exceptional
needs to receive free appropriate public education, and ensures the
right to special instruction and related services needed to meet their
unique needs, in conformity with federal law. Existing law provides
for individualized education programs for blind, low vision, and
visually impaired pupils, as defined.

This bill would express legislative findings and declarations relating
to the need for blind or visually impaired pupils to receive
instruction in the expanded core curriculum. The bill would require
that every pupil who is blind, has low vision, or is visually impaired
be entitled, to the extent appropriate to meet that pupil’s
educational needs, to instruction in the expanded core curriculum, as
specified.

Thebill would also require that an appropriately certified orientation
and mobility specialist be part of the educational team in determining
if an orientation and mobility evaluation is needed for a pupil who is
blind, low vision, or visually impaired. The bill would require that
these evaluations be conducted by appropriately certified specialists,
as specified.

By imposing new duties on school districts, county offices of
education, and charter schools, the bill would constitute a
state-mandated local program.

(2) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that
reimbursement.

This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by thestate,
reimbursement for those costs shall be made pursuant to the statutory
provisions noted above.

Digest Key
Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: YES

Bill Text



The people of the State of California do enact as follows:




SECTION 1. (a) The Legislature finds and declares all of the following:

(1) In order for pupils who are blind or who have a visual impairment
to receive an education that will enable them to maximize their
potential, it is essential that these pupils receive instruction in
the expanded core curriculum (ECC), which is a group of concepts and
skills that often require specialized instruction in order to
compensate for decreased opportunities to learn incidentally by
observing others.

(2) The ECC includes skills in areas such as the use of braille or
large print media, assistive technology, orientation and mobility,
socialization, independent living, and sensoryefficiency.

(3) Currently, pupils with vision loss seldom receive evaluation and
instruction in the complete array of ECC skills for a variety of
reasons, which include all of the following:

(A) School districts fail to assess for the need for one or more of
these ECC skill areas.

(B) School districts impose restrictions that have the impact of
precluding adequate instruction from being provided. One of the
restrictions that creates serious problems for the provision of ECC
instruction is the limitation of instruction to school hours. Often,
the need for academic instruction, as well as the need for extended
hours of service in areas such as braille, technology, and orientation
and mobility precludes providing adequate specialized ECC services
during the schoolday.

(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 provided to within
a few blocks of the campus.

(b) Therefore, it is the intent of the Legislature to enact
legislation to ensure that pupils with visualimpairments receive the
services that they need to receive a free and appropriate public
education that is safe and comparable to that of their sighted peers.


SEC. 2. Section 56353 is added to the Education Code, immediately
following Section 56352, to read:





56353. (a) Every pupil who is blind, has low vision, or is visually
impaired, shall be entitled, to the extent appropriate to meet the
pupil’s educational needs, to instruction in all of the following
areas, which are collectively known as the expanded core curriculum:

(1) Compensatory skills, such as braille and concept development and
other skills needed to access the core curriculum.

(2) Orientation and mobility.

(3) Social interaction skills.

(4) Career technical education.

(5) Assistivetechnology, including optical devices.

(6) Independent living skills.

(7) Recreation and leisure.

(8) Self-determination.

(9) Sensory efficiency.

(b) When appropriate to ensure that a pupil will receive adequate
services under this section, those services may be provided during
before or after school hours.



SEC. 3. Section 56354 is added to the Education Code, immediately
following Section 56353, to read:





56354. (a) (1) An appropriately certified orientation and mobility
specialist shall be part of the educational team in determining if an
orientation and mobility evaluation is needed for a pupil who is
blind, low vision, or visually impaired.

(2) An orientation and mobility evaluation shall be conducted by a
person who is appropriately certified as an orientation and mobility
specialist.

(3) The orientation and mobility evaluations required by this section
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 school district or
county office of education 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 school district or county office of education 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 schoolsite.

(2) If a school district or county office of educationprohibits an
orientation and mobility specialist from using their vehicles for the
transportation of pupils to and from orientation and mobility
instruction, the school district or county office of education shall
provide, without cost to the orientation and mobility specialist, an
equally effective transportation alternative for that purpose.




SEC. 4. 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

http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB947

O&M/ECC Bill:  Ready to Fly!
Update from the CAOMS FAPE Committee
1/20/19

As many of you know, the CAOMS ad hoc FAPE Committee has been working
for more than a year to address the problem of school districts
limiting off-campus O&M lessons.  In January of 2018, the FAPE
Committee conducted a survey of O&M specialists throughout California.
Of the 64 O&M Specialists who responded, representing 53 different
school districts and SELPAs, 39% reported that they cannot provide
adequate community-based instruction because they are not permitted to
drive their students and are not provided with viable transportation
through the school system.  Some districts, shockingly, do not allow
O&Ms to conduct lessons on public transportation!  The FAPE
Committee’s legal counsel agrees that such practices are a violation
of the IDEA.  More importantly, such limitations mean that many of our
visually impaired youth are graduating from high school without the
O&M skills they need to succeed in adult life.

To address this serious problem, the FAPE Committee initiated a
community organizing campaign using a dual bottom-up, top-down
approach.  The Committee stated with outreach to O&Ms, parents,
advocacy groups, education professionals, and professionals in
community-based non-profit organizations to establish a coalition of
individuals committed to correcting this injustice.  Two lawyers
associated with our work, including a representative of Disability
Rights of California, are available to talk to parents concerned about
their children’s services.  In addition, the Committee also has been
working on a bill to present to the state legislature.  We have
reached a major milestone in our journey!

On Friday, January 19, Jeff Thom, Governmental Affairs Director for
the California Council of the Blind and the chief architect of the
bill, reported, “I am extremely pleased to report that Assemblywoman
Sharon Quirk-Silva will be introducing our special education bill this
year. It is only one step in what will undoubtedly be a long road, but
it is a major step and the work is well worth it for our students who
are blind or have low vision. If we continue the great collaboration
between advocates, parents, and those in the field, we can make a real
difference.”

What you can do:
•	Read the CAOMS newsletters and emails.
•	Be on the lookout for Action Alerts, and take action!
•	Contact us:  caomsfape at gmail.com.
•	We will need your support!


Action Alert
CAOMS FAPE Committee
caomsfape at gmail.com
Rev 1/19/19

Our blind and visually impaired youth need full access to the Expanded
Core Curriculum, including off-campus Orientation & Mobility lessons!
Our bill is ready to go to the California legislature! Assembly Member
Sharon Quirk-Silva from Orange County has agreed to introduce our bill
this year.  Please contact Assembly Member Sharon Quirk-Silva to thank
her for agreeing to author the bill and to let her know how important
this issue is for our students!

Phone, Capitol:  916-319-2065
Phone, District: (714) 521-6505
Tiwtter:  @QuirkSilva65th	
Mailing Address:  PO Box 6256, Buena Park, CA 90622
Physical Address, Capitol:  State Capitol - Room # 6012, Sacramento, CA  94249
Physical Address, District:  Gilbert West High School, 6855 La Palma
Ave, Buena Park, CA 90620
Web link to email:
https://lcmspubcontact.lc.ca.gov/PublicLCMS/ContactPopup.php?district=AD65

Sample letter:
Dear Assembly Member Quirk-Silva,
I am a parent/mobility teacher/Braille teacher/your role of visually
impaired students in the school system.  I am very concerned about the
restrictions that some educational jurisdictions place on instruction
for blind and visually impaired students.  I feel that it is critical
for these students to have full access to the specialized instruction
that meets their individual needs, as outlined in the Expanded Core
Curriculum.  This should include community-based Orientation &
Mobility instruction as appropriate.  Children with visual
impairments, just like their non-disabled peers, have the right to
graduate high school with the education and skills they need to be
successful in adult life.  I am pleased that you have agreed to author
a bill to address this issue.  Thank you for sponsoring AB 947!
Sincerely,





-- 
SHANNON L. DILLON
Secretary and Legislative Coordinator
National Federation of the Blind
of California
The National Federation of the Blind is a community of members and
friends who believe in the hopes and dreams of the nation’s blind.
Every day we work together to help blind people live the lives they
want.
www.nfbcal.org
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