Abstract
Purpose. The purpose of this study was threefold, to identify the problems that characterize the delivery of education; assess ability of current federal and state education legislation to adequately address the identified issues and accommodations; and formulate suggestions for legislative action that would meet the educational needs identified. Methodology. This is a Delphi Study; a form of descriptive research that uses an expert panel to respond to an iterative process of surveys. Twenty-three experts were utilized in a four round process. Findings. (1) Chronically ill and/or temporarily disabled students have a common set of educational problems. (2) Many of the ranked problems can be addressed by the same or similar accommodations. (3) The ten ranked problems are viewed as having inadequate or no legislative coverage. (4) Although the provision of medical services in school is required, only special education has legislation outlining roles and responsibilities in this area. (5) California's education legislation and policy regarding the chronically ill and/or temporarily disabled student population who do not qualify for special education lags far behind the federal legislation it is supposed to be enacting and/or implementing. (6) Some of California's laws and/or policies regarding the education of the chronically ill and/or temporarily disabled students who do not qualify for special education services are very discriminatory and should be repealed or rewritten. Recommendations. Eleven legislative solutions were proposed to address the problems and/or accommodations identified: (1) implementation procedures to direct district practices regarding Section 504; (2) due process and procedural rights for parents whose children qualify for service under Section 504 of the Rehabilitation Act; (3) mandatory screening for eligibility under the IDEA or Section 504 of the Rehabilitation Act for students who are experiencing absence as the result of a medical condition, and definition of the period of absence before such screening must begin; (4) creation of an array of instructional alternatives in addition to home instruction; (5) creation of a coordinator position at each school in order to facilitate student education program and medical service needs; (6) Mandatory school nursing service for each school; (7) Statewide guidelines for the training and performance of in school medical services and procedures for both special and regular education students; (8) creation of a local, independent ombudsman position as a first resort in solving problems at the local level; (9) earlier age onset to begin career and transitional instruction and programming; (10) development of a needs based, specialized curriculum in career and transition services; (11) compulsory in-service session in the area of diseases, medications, and their effects on student ability to learn and participate.