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Maryland-Specific Laws Controlling Braille and Orientation and Mobility Assessments and Instruction

Updated as of May 27, 2024

Scenario: Prior to assessments being performed, district and/or family members believe that the blind/low vision student does not need braille or orientation and mobility instruction.

Braille instruction

Both federal and Mayland law require that children who have IEPs for “visual impairment, including blindness” MUST be taught braille unless the IEP Team determines, based on an assessment of current and future needs, that braille instruction is not appropriate for the student.

Federal law regarding braille: 20 U.S.C. section 1414(d)(3)(B)(iii)

The IEP Team shall—STUDENT

(iii) in the case of a child who is blind or visually impaired, provide for instruction in Braille and the use of Braille unless the IEP Team determines, after an evaluation of the child’s reading and writing skills, needs, and appropriate reading and writing media (including an evaluation of the child’s future needs for instruction in Braille or the use of Braille), that instruction in Braille or the use of Braille is not appropriate for the child;

Maryland law regarding braille: 13A.05.01.08.A.(6)(a)(i)

If a student is blind or visually impaired, the IEP team shall provide for instruction in:

Braille and the use of braille, including textbooks in braille, unless the IEP team determines that instruction in braille is not appropriate for the student in accordance with 34 CFR §300.324(a)(2)(iii), Education Article, §8-408, Annotated Code of Maryland, and COMAR 13A.06.05.01

Next steps regarding braille

Districts must be fully compliant with the law regarding assessments and teaching braille to blind/low vision students – regardless of “gut feelings” of either educators or family members. By understanding legal requirements, members of the IEP team can work together to ensure that student receive the instruction they need as well as appropriately ambitious goals regarding braille use and instruction.

Orientation and Mobility instruction

Additionally, the State of Maryland has specific requirements for instruction in Orientation and Mobility (O&M). It requires O&M services to be provided or perform an O&M assessment of the student that takes into consideration parental and teacher input and that assesses the student in multiple environments, including both familiar and unfamiliar environments. All O&M assessments must meet these legal requirements.

Maryland law regarding orientation and mobility: 13A.05.01.08.A.(6)(a)(ii)

If a student is blind or visually impaired, the IEP team shall provide for instruction in:

Orientation and mobility, unless the IEP team determines that instruction in orientation and mobility is not appropriate for the student in accordance with Education Article, §8-408, Annotated Code of Maryland, and §A(6)(b)—(d) of this regulation.

Maryland law regarding orientation and mobility: 13A.05.01.08.A.(6)(b)

If the IEP team determines that instruction in orientation and mobility is not appropriate for the student, the IEP team shall order an orientation and mobility assessment, consistent with guidelines established by the Department, that:

  • Includes input from the student’s parent or guardian;
  • Includes input from the student’s classroom teacher; and
  • Takes into consideration the student’s age, current and future needs, ability to function in familiar and unfamiliar areas, and ability to function under various lighting conditions.

Next steps regarding orientation and mobility

Again, districts must follow Maryland regulations regarding O&M assessments and services. In all cases, a legally-compliant O&M assessment must be performed so that the team can determine students’ needs and develop age-appropriate goals.

Contact the Bridges Helpdesk for More Information

This unique project is being coordinated through The IMAGE Center of Maryland, a center for independent living in Towson, and it is funded by a grant from the Maryland Department of Education Division of Special Education/Early Intervention Services.

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