The Peril of Ignoring Middle School Student Speech Rights

Analysis of two recent federal court cases in which principals violated student speech rights offers guidance to middle school administrators as they attempt to address student expression. Characteristics of a successful school from the Association for Middle Level Education provide a framework for analyzing these cases in order to prevent potential violations of First Amendment speech rights of students.     

Changing Demands on Counseling Centers:

Mounting pressure on campus administrators to cope with students who disrupt the campus living/learning environment has resulted in counseling centers being increasingly drawn into the management of student behavior. Underlying this trend are the naive assumptions that counselors have the ability to predict future behavior and control disruptive students through psychotherapy. These myths not only fail to produce expected results, but threaten to undermine college counseling as an effective resource for behavior change. Counselors must not only work to dispel these myths, but help faculty/staff find more effective ways to work with problem students. This process requires a clear statement of the expectations of student behavior and a broader acceptance among faculty/staff of the responsibility for confronting disruptive students with the consequences of their behavior.     

高校校园危机的新型特征及归因剖析

高校创建平安校园的根本任务在于准确判断并消除安全威胁,应对和处理各类校园危机。高校校园危机事件主要有意外性校园安全突发事件、冲突性校园暴力事件、群体行动性事件和异常心理与精神疾病引起的破坏性行为。当前高校校园危机的主要特征有:危机生成机理日益社会化,危机性质与种类日益复杂化,异常心理与精神疾病引起的破坏性行为日益见长,突发性危机事件日益上升。致使危机产生的深层原因有社会政治因素、行政管理因素和学生素质因素。     

Student Free Speech and Schools as Public Spaces

Free speech jurisprudence is caught between crediting the First Amendment rights of students when they resemble adults or restricting such rights when students seemingly act as children. In Morse v. Frederick (2007), the Supreme Court ruled against Joseph Frederick and his “Bong Hits 4 Jesus” banner because Frederick's speech seemed valueless as an adult act, as it lacked any discernible political value. In this essay, Neil Dhingra uses Hannah Arendt's thought to argue that schools should not be interpreted as political spaces but as social spaces where educational authorities should exercise forbearance as students such as Frederick learn to exercise their free speech rights. In particular, students will practice their First Amendment rights by exposing and exploring the discrepancy between appearance and reality, through dark forms of humor, and in forming different types of friendship, all of which schools are unlikely to be able to manage or interpret. Recognizing these unruly and quasi‐humorous forms of First Amendment practice helps make sense of Frederick's banner. Dhingra argues that in order to create space for students to develop freely — that is, without being subject to excessive scrutiny or succumbing to the danger of conformity, or both — schools should show a wide but not unlimited tolerance to speech like that of Frederick, which may otherwise be dismissed as childish and valueless “gibberish.”     

Counselor Educators' Gatekeeping Responsibilities and Students' First Amendment Rights

In 2 recent legal cases, graduate counselor education students challenged the imposition of remediation plans as violating their First Amendment rights of freedom of speech and religion. With special emphasis on this recent litigation, the article examines the legal standards governing the authority of counselor educators at public colleges and universities, including professionalism and ethical rules as a part of curricular requirements to prohibit client discrimination based on sexual orientation.     

浅析和谐校园构建中的大学生权益保护

随着高等教育的迅猛发展,大学生合法权益被侵犯成为一个普遍的问题.如何维护学生的合法权益,构建和谐校园,对高等学校和学生来说是一个新的课题.本文通过分析大学生合法权益被侵犯的原因,提出了高校学生权益保护的对策构想,希望对构建和谐校园有所裨益.     

Disqualifying Specified Students from the Campus Psychological Service

Abstract

Inasmuch as college mental health programs are ordinarily mandated and designed to provide a wide range of services, modalities of treatment, and a competent professional staff determined to assist students in various states of crisis, there is usually little thought or attention given to denying services to particular students. Nevertheless, most college mental health programs are, from time to time, beset by students who attempt to utilize their services in a manner that is highly inappropriate, sometimes quite disruptive, and, in extreme cases, even dangerous. This article will provide certain guidelines and criteria that may be used, when and if necessary, for disqualifying such students from utilizing the campus psychological service.     

Practices of citizenship rights among minority students at Chinese universities

This paper explores how Chinese minority students participate and defend citizenship rights on a university campus against the backdrop of ongoing social changes. Three rights are focused on: freedom of religion, freedom of association, and freedom to use an ethnic language. The data were collected at three universities. Research methods involved policy analysis, interviews with staff members and students, and observations on campus. Adopting Sewell’s theory of structure, the study regards state creations of citizenship rights as a resource, and uses a micro‐sociological approach to dismantle the interactions of different social actors (state‐party, university and minority students) in campus settings. The findings show that rights are embodied polysemic meanings, and their meanings are interpreted and negotiated in a bargaining process.     

The education act (Ontario) 1980: A review

Conclusion The Education Amendment Act, 1980, is significant special education legislation for which there exists popular support across Ontario. Issues in relation to implementation have been identified and are being addressed through multi-year planning and a co-ordinated approach to the in-service training needs of teachers working with exceptional children. Although attitudes and professional competence cannot be legislated, the Education Amendment Act provides important protections for exceptional pupils and for the involvement of parents in ensuring that their children's entitlement to an appropriate education be realized.     

和谐校园构建视野中的大学生维权问题论析

随着我国社会法治的发展和高等教育改革的不断深入,大学生主体意识和维权意识不断增强,校园维权活动日益频繁,但雏权过程中出现不少偏差和误区,使得雏权的作用被大大削弱。不正确维权行为不仅扰乱了高校正常的教学管理秩序,还影响到和谐校园的构建,更影响高校的稳定发展和社会声誉。应引导学生树立正确的校园维权意识,建立完善的校园维权体系,帮助学生合法合理保障其在校园的权利,最终实现高校和谐发展和学生成才的双赢局面。     

关于我国古代未成年人刑事诉讼制度的探析——兼论《刑诉修正案》对古代刑事诉讼制度的继承和发展

十一届全国人民代表大会第五次会议通过了《中华人民共和国刑事诉讼法修正案》(简称《刑诉修正案》),其中对未成年人刑事诉讼程序做了专章规定。在我国古代各时期的立法中也有少量的关于未成年人刑事诉讼制度的规定,《刑诉修正案》在继承古代制度的基础上又实现了新的突破。文章就古代各时期立法中关于未成年人的刑诉制度进行梳理,并就《刑诉修正案》对我国古代未成年人刑事诉讼制度的继承和发展进行论述。     

论美国刑事诉讼中的正当法律程序权利

正当法律程序权利是美国刑事诉讼宪法性诉讼权利之一。普通法中的正当法律程序权利可以追溯到英国具有宪法意义的1215年《大宪章》。在联邦最高法院的创造性努力下，正当法律程序权利已经不再是当初权利法案通过时的“在许多方面明显多余”的规定，它已经成为在刑事诉讼中要求政府行使权力的方式方法符合基本公平要求的系统性的最低限度程序公正标准。     

Decoding the Digital Campus Climate for Prospective LGBTQ+ Community Colleges Students

LGBTQ+ students are increasingly visible on community college campuses, and a safe and welcoming campus climate is critical to LGBTQ+ students’ academic success and well-being. Campus climate is difficult to assess for prospective LGBTQ+ community college students, and institutional websites may be a source of information about campus climate. This study used content analysis to document and analyze the digital campus climate for prospective LGBTQ+ students in the community colleges context by examining institutional websites. Using a mixed methods approach, website content of nine community colleges was analyzed, and both the quantity and nature of the content were used to make sense of colleges’ digital campus climate for prospective LGBTQ+ students. With the exception of a couple colleges, we found that the digital campus climate was not welcoming to prospective LGBTQ+ students. The results suggest that community colleges need to enhance their website in several ways and expand their overall programming (academic and non-academic) to ensure prospective LGBTQ+ students feel welcomed and safe on community college campuses.     

用负熵理论浅析新校区加强学生管理对构建和谐校园的影响

负熵是表示通过协调控制,改变系统混乱无序状态,而实现系统有序。负熵理论运用到高校教育管理,与现实提倡的和谐教育不谋而合。结合学院新整合,学生刚搬到建设设施还不完善的新校区的现状,加强学生管理,构建校园和谐,以平安校园、文明校园、健康校园为目标,从加强学校安全管理、学校文化建设、家校和谐教育建设等措施入手,实现校园和谐。     

论环境标准制度的环境侵权救济功能

我国当前的《侵权责任法》重视了环境侵权行为的特殊性,进行了特殊侵权责任制度设计,但在价值判断和制度机理上依然秉持私权保护理念。这使得当前的环境侵权救济机制存在着诸多内生缺陷和实施困境,其症结可以归结为环境侵权所致损害超越了传统民事侵权的损害结果。环境侵权中"对环境的损害"以及生态利益的损害已经不能在传统侵权结果责任框架下寻求救济,必须引入环境侵权行为责任理念,并相应地进行制度设计。该制度设计的核心在于行为责任性质界定下环境侵权的认定依据,环境标准制度可以发挥环境侵权认定的制度功能。     

大学校园突发事件应急援助的法律分析

在应对校园突发事件时,在大学生群体中建立起一个志愿者救援组织,来发挥事前预防、事中干预及事后适度介入处置是符合国家相关法律的。发挥大学生群体的主体能动性,将应对突发事件的应急援助组织纳入校园法治的框架内,是依法治校的需要,也很具现实意义。在对校园发生突发性事件进行应急援助过程中,参与各方的权利、义务与责任的界定,需要运用各地的志愿者条例及相关法律法规进行综合考量。     

A Public University View of Psychiatric Leave Policies:

Policies on psychiatric leave were developed on college campuses to deal humanely with students who need to leave campus in order to seek more intensive mental health care. These policies were developed with benevolent intent, but the impact of the policies may be overly restrictive of students' rights to return to campus. In tracing the evolution of a psychiatric leave to return to campus. In tracing the evolution of a psychiatric leave and return policy on a large, state university campus, we see the development of a policy that is respectful of students' civil rights and consistent with our current knowledge about the relationship between academic success and past history of psychiatric care.     

浅论高校“平安校园”的构建

校园平安问题是困扰高等院校稳定和发展的因素之一。导致校园平安问题的原因包括外界社会原因和学生个人原因,为此,要采取切实可行的措施全面推进平安校园建设,为当代大学生提供一个和谐安全的学习环境。     

浅析当前大学生就业被侵权情形及权益保护

近几年,中国高校毕业生数量逐年增多,大学生面临严峻的就业形势。大学生在求职就业的过程中常常遭遇到各种侵犯自身权益的违法行为。加强大学生就业权益保护,将有助于高校毕业生提高对就业法律风险的防范能力,提升他们的就业竞争力,进而优化整个就业大环境。     

The rights to educational self-determination under the Individuals with Disabilities Education Act

ABSTRACT

The United States Senate's unwillingness to ratify the Convention on the Rights of the Child (CRC) notwithstanding, the Individuals with Disabilities Education Act (IDEA) contains significant safeguards protecting the rights of students with disabilities, acknowledging their participation rights in decisions about their futures. In the first of just two examples, as students ‘age out’ of special education, they participate in developing individualised transition plans guiding their movements to post-school activities. Second, the IDEA transfers parental access rights to students, granting them sole control over their educational records on turning 18 unless they are adjudicated incompetent under state law.

Against this background, this paper opens by considering the U.S. Senate's reluctance to ratify the CRC. The paper next reviews the history of rights in the U.S. before examining how the IDEA affords students with disabilities considerable opportunities to participate in planning their futures both through transition planning and taking control over their educational records. The article ends by reflecting on how the IDEA comports with the CRC in protecting the rights of students with disabilities to self-determination.