Until somebody hears me: parent voice and advocacy in special educational decision making

When a family finds out their child has a disability, they enter the world of special education which has its own terminology, rules, settings and personnel. In addition to grappling with the meaning of their child's special needs, families are also thrown into the role of principle advocate for their child. The research study reported here presents the findings from focus groups conducted in the United States of America with 27 diverse families on their efforts to obtain the best educational outcomes for their children. In this article, Robyn Hess, Amy Molina and Elizabeth Kozleski bring their collective past experiences, as a school psychologist, bilingual counsellor and special education teacher respectively, to bear on this topic and frame the issue from a systemic perspective. They argue that engaging in conversation with families around their needs, as well as assisting them in their efforts to advocate for their child, is the first step in creating more equal partnerships between parents of children with special needs and educational professionals.     

A look at corporal punishment and some implications of its use

The author notes several legal, social, philosophical and educational attitudes common to Canada and the United States which have, for centuries, characterized the uses of corporal punishment with children. Specifically, corporal punishment is viewed as a technique for developing discipline within the school system. Inconsistencies in both Canada and the U.S. are noted regarding court decisions and their application in the classroom. Recent revisions to The Ontario Child Welfare Act are discussed in light of its implications for parents and teachers who physically punish their children or students. Research findings related to corporal punishment and their implications for schools are cited. Negative side-effects of administering punishment are also described. The evidence suggests that corporal punishment besides being an ineffective learning technique, is not the uncomplicated, quick solution many may think it. The author concludes by proposing that because of their important role in the lives of developing children and considering the resources devoted to teacher training, teachers should be held as legally accountable for their use of corporal punishment with children as parents are. As well, he indicates the need for (1) increased teacher training in the areas of child management, classroom management and interactional processes; (2) greater opportunity to devise creative problem-solving strategies; and (3) a re-ordering of priorities at universities, colleges and faculties of education which would benefit not only teachers, but ultimately their students.     

民族高等院校实施民族法学教育研究

随着建设法治国家理念的不断深入，民族地区急需民族法制专业人才。为民族地区担负培养高级人才任务的民族高等院校应该实施民族法学教育。民族高等院校通过开展民族法学教育，使学生较为系统地了解、掌握以《民族区域自治法》为主干的民族法制方面的知识，为他们到民族地区工作奠定民族法制的基础，以便更好地利用民族法律法规，保障民族地区和少数民族的特殊权益。     

Educational program on evaluation of alleged sexual abuse victims

Increased awareness of the problem of child sexual abuse has resulted in increasing numbers of children presenting to professionals for the evaluation of possible sexual victimization. A multidisciplinary project to develop professionals' knowledge and skills in the identification and evaluation of possible victims is described. The program focused on the child as a victim and emphasized developmental perspectives with regard to identification, interviewing children, the medical examination, and children in the legal system. Fifty-one medical and social work professionals from ten Indiana counties attended the program and responded to questionnaires about their experience and knowledge. Of 40 (78%) respondents, 63% had had no previous training in the medical evaluation for child sexual abuse. Child protective workers referred alleged victims primarily to the child's regular physician (37%) or emergency room (31%) for medical examination. Knowledge about child sexual abuse improved significantly at two weeks postsymposium (p = .001) and remained improved at six months postsymposium (p less than .02). These original participants have subsequently organized similar multidisciplinary programs in their local communities for medical, social, law enforcement, and legal professionals; thus, they have been "seeds" for further educational and cooperative efforts throughout the state.     

Crossing the Borders of Plyler v. Doe: Students without Documentation and their Right to Rights

In this article, I show that the intersection between education policy and immigration law in the United States sustains a permanent underclass and reinforces the deliberate disenfranchisement of students without authorized immigration status. I critically analyze the Supreme Court case Plyler s. Doe, and I suggest the DREAM Act as a means for these students to secure a right to rights for economic, social, and political agency. At the heart of the argument is my assertion that domiciled residency ought to ensure these students’ right to educational equity within the United States, from preschool through postsecondary levels. Throughout, I reflect on the amassing group of well-educated students, whose papers are diplomas, and who increasingly make apparent the futility of citizenship status for demarcating possibilities for mobile border crossing—not only territorial borders, but also the walls built up to obstruct class and social border crossings.     

行政公益诉讼内涵初探

我国行政公益诉讼,是指公民、法人或其他组织认为行政主体行使职权的行为违法,侵害了公共利益或有侵害之危险时,虽与自己无直接利害关系,但为维护公益,而向特定机关提出起诉请求,并由特定机关依法向法院提起的行政诉讼。特定机关也可以不经申请而依职权主动向法院提起行政公益诉讼。特定机关包括检察院和公益性社会团体及自治组织。     

American state intervention in the parent-child legal relationship

There are two traditions in the history of American family law that are reflected in different state legislation dealing with child abuse and neglect. They indicate a continuing cultural dilemma about the rights of parents and those of children. One tradition supports the privacy and autonomy of the family, and the right of the parents to the child. Such a view of the permanence of the parental role helps to explain state laws which make the termination of parental rights nearly impossible to achieve. Social workers in such jurisdictions must protect children by means of long foster-care placements. Pennsylvania represents a state with laws supporting parental rights.Another tradition is derived from that of the court acting as a parent, the parens patriae heritage. In the United States the Juvenile Court has assumed this protective and intrusive role. Where such legal support exists, children may be freed for adoptive homes, as they are in Colorado. This paper outlines the state laws of Pennsylvania and Colorado pertaining to the termination of the parent-child legal relationship. These laws indicate that American children in families at risk are protected very differently. As long as state laws differ so greatly, equality of justice for families and children will exhibit substantial variation due to residence.     

The Impact of Context on the Development of Aggressive Behavior in Special Elementary School Children

The role of context in the development of child aggression was studied. The effects of peer aggregation and group composition on aggression development in intervention contexts and classroom contexts were compared using 71 elementary school children. We hypothesized that, due to peer group effects, group-trained children would benefit less from a social skills intervention program than individually trained children. We further hypothesized that children who transferred from special to regular education would show a change toward less aggression. This was hypothesized because of the relatively fewer accounts of negative peer-group effects in regular education. The results show that the social skills intervention program did not have differential effects for group-trained versus individually trained children. However, a change toward less aggression was found in children who transferred from special to regular education. We suggest that interventions toward decreasing child aggression might be more fruitful if the social context in which the children operate daily is considered.     

AN EXPLORATORY STUDY OF SUICIDE RISK ASSESSMENT PRACTICES IN THE SCHOOL SETTING

Suicidal behavior in children and youth continues to be a major public health problem in the United States. School personnel have a legal and ethical obligation to recognize and respond to the mental health needs of their students and to take steps to ensure their safety. In this exploratory study, suicide risk assessment practices of three large school districts were examined. More than 3,400 suicide risk assessments were conducted in these districts during the 3 years considered. The results indicate that all three districts have implemented suicide prevention programs that include risk‐assessment practices in an effort to reduce suicidality. Suicides risk assessments were conducted with at least one child in each grade from kindergarten through 12^th in each district, occurring most frequently at the middle school level. Differences by gender were noted in terms of level of risk and hospitalizations, but no significant differences were observed based on race/ethnicity. These risk assessment efforts of these three districts appear to be promising in preventing suicides: none of the students who were assessed went on to commit suicide. Implications for school‐based practices and training are discussed.     

A taxonomy of duties to report child sexual abuse: Legal developments offer new ways to facilitate disclosure

Background: Child sexual abuse is undisclosed for many reasons that are resistant to change. Citizens can play an important role in disclosing cases of child sexual abuse to authorities. Professionals who deal with children also play a crucial role. Office-holders in organisations have a clear responsibility to prevent cover-ups of sexual abuse. Recently, some countries have created important new legal duties for adults to disclose child sexual abuse.Objectives: This article creates a contemporary taxonomy of duties to disclose cases of child sexual abuse, and explains their nature and justification.Participants and setting: Citizens, professionals dealing with children in the course of their work, and managers of child and youth-serving organisations.Methods: Legal analysis created a taxonomy of reporting duties. Analysis of these duties from perspectives of criminal jurisprudence, public health law, children’s rights and ethics considered their justification.Results: Seven legal duties now exist, in criminal law, civil law and child protection law. Some apply to all citizens; others to managers in organisations; others to professionals dealing with children in the course of their work. All the duties are directed to early detection of cases; some are directed towards prevention; and some are focused on avoidance of institutional corruption.Conclusions: These developments represent historic progress in overcoming normally intractable barriers to disclosure of cases of child sexual abuse. New legal duties are consistent with principles from criminal jurisprudence, public health law, children’s rights and ethics. Where adopted, societies should ensure the creation and maintenance of ecological conditions in which these duties can be observed.     

Ethical issues in research with abused children

This paper discusses sensitive ethical issues encountered in conducting research with abused children and the potential consequences of various methods of handling these dilemmas. Important ethical questions arise at three stages of the research: (1) obtaining consent for participation in the research; (2) conducting interviews with or administering tests to the subjects; and (3) providing information about test results to parents or others outside the research team. Concern with children's rights has been extended to the question of who can give consent for children to participate in research. In the case of abused children, the consent issue is complicated by the potential adversarial relationship between abusing parent and abused child. Procedures for interviewing or testing abused children must include provisions for three special situations: (1) when a child is distressed by the interviewing or testing; (2) when a child's answers or test results indicate emotional problems; and (3) when a child's answers or comments indicate that the child is being abused. Decisions concerning whether to inform parents or others about an individual child's answers must balance the parents' right to know against the child's right to privacy. All these circumstances require serious deliberation concerning the role and responsibility of the research investigator.     

美国品格证据规则的本土化分析

品格证据规则是英美法系国家的一项重要证据规则,在美国刑事审判中被广泛运用。品格证据作为一种特殊的证据形式,针对不同的诉讼主体,有着特殊的运用规则。文章简要分析品格证据的基本理论及其运用,为美国品格证据规则在我国的本土化构建提供借鉴。     

Learning Disabilities in Taiwan: A Case of Cultural Constraints on the Education of Students with Disabilities

Learning disabilities (LD) has been recognized as a category of special education in Taiwanese law since 1984, and policies ensure educational services for children and youth who have LD. The official definition and identification criteria established in Taiwan's laws closely correspond with those of the United States, but practice differs, largely influenced by the people's cultural and linguistic background. I discuss these legal and cultural features as well as other matters (e.g., growth and change in professional literature on LD). Compared to economically developed countries such as the United States, the educators in Taiwan implement identification procedures, placement, and services at a lower cost. Contents of implementation are introduced in detail. The prevalence rate of LD has been very low (<1 percent). I examine culture‐ and/or society‐specific reasons for low prevalence, such as Chinese orthography, regular teachers' compliance with referral procedures, the education‐first belief of parents, and problems with identification procedures.     

职业法学家群体与近代中国法制转型

中国古代以吏为师,行政兼掌司法,没有形成独立的法律职业阶层。在西法东渐的过程中,以留学归国的法政留学生为主体,以本土法律教育培养的法政人才为补充,形成了我国第一代职业法学家群体。该群体中的多数成员以学者或官员等不同身份投身到中国法制现代化的洪流之中,成为中国近代法律观念的导入者、法律教育的鼓倡者和法律制度的建构者,为近代中国的法制转型做出了重要贡献。     

高职院校民法学课程教学改革探究

民法学作为法律专业的基础课程,对于造就理论扎实的应用型法律人才有着重要作用。为切实提高高职院校法律专业民法学课程的教学效果,必须尝试在教学观念、教学内容、教学方法、教学模式等方面进行改革。     

The School Counselor's Role in Special Education

The purpose of this study was (a) to survey school counselor preparation and perceived and projected role in serving special education students in the southwestern region of the United States; and (b) to determine the status of counselor education programs throughout the nation in preparing counselors to effectively serve exceptional students. The results indicated that 50 percent of the school counselor sample advocated additional involvement with exceptional students, 43 percent felt inadequately prepared to deal effectively with exceptional students, and 60 percent would be more willing to serve exceptional students if their training in special education had been more extensive.     

The impact of previous type of abuse and sibling adoption upon adoptive families

OBJECTIVE: The paper addresses the impacts of the type of abuse and sibling adoption upon family functioning. The specific objectives are to test the relationships: (1). between an adopted child's previous type of abuse and postadoptive family functioning; (2). between an adopted child's previous type of abuse and the child's postadoptive externalized behavior status; (3). between sibling adoption status and postadoptive family functioning; and (4). between sibling adoption status and the child's postadoptive externalized behavior status. METHOD: Data were collected from parents with adopted children, between the ages of 2 and 16, who have special needs status. The convenience sample was drawn primarily from one southern state. RESULTS: The results suggest that the child's type of abuse does predict different outcomes in terms of a parent's report of postadoptive family functioning but not the adopted child's postadoptive externalized behavior. Sibling adoptions resulted in lower perceptions of family functioning but slightly improved perceptions of the child's postadoptive externalized behavior. CONCLUSION: Parents with adopted children who have histories of physical and sexual abuse reported lower family functioning than those parents with adopted children who only have histories of neglect. Parents who adopted sibling groups reported fewer externalized child behavior problems but lower family functioning than those parents who adopted a single child. These results suggest the need for a variety of family supports targeted to family needs as well as to promoting behavioral changes in the children.     

Delivering social work services in collaboration with the legal representation for individual clients: An effective,ethical and economical approach to supporting families in child abuse and neglect legal proceedings

This article discusses the need to improve the quality of helping relationships between families and social workers in the child protection system and the growing body of evidence that teams of social workers and lawyers are effective at improving outcomes in child protection legal proceedings. The author presents an alternative structure of delivering social work services within the child protection systems once a court gets involved with a family, proposing that social workers should focus on individual clients in collaboration with their legal representation, rather than the traditional model of a governmental agency social worker serving the family as a unit as it also determines placement of the children. Pairing the social worker to an individual client in tandem with their legal representative would help resolve the widely observed relationship problems between service users and governmental agency social workers that include the power imbalance created by the agency's authority to determine placement of children, the conflicts of interest that agency workers face when required to manage differing family members' needs, and the lack of protection of the due process right of confidentiality for parties involved in legal proceedings. This alternative structure also impacts the need to use resources more efficiently and has been demonstrated to result in substantial returns on investment. This article concludes that when a family becomes involved in child abuse and neglect legal proceedings, the child welfare agency should shift the delivery of social work services to the individual parties, away from the governmental agency and in conjunction with their legal representation.     

Research and the training of primary teachers

Elementary education is an ideal field for educational research, not only because of the special difficulties that are inherent in it—such as the problem of communication with the children and resistance to change on the part of the teachers—but also because the advance of knowledge is bound up with the revision of its foundations and because a child's early training has a vital influence on the subsequent development of his mental powers and particular talents. Research into elementary education is rendered still more valuable and urgent by two additional factors: changes in the child's family and social status, and advances in the sciences which shed light on the various aspects of those changes. Research at this educational level—important, urgent, but also difficult—promises to be rewarding and the results should lead to considerable changes in teacher training. However, the author is not concerned with this aspect; he is trying to examine to what extent an introduction to educational research and participation in it should be included in teacher training, and how this can be done. Nevertheless, the close relationship thus established between such research and training also implies that we are concerned with training as a subject of research. Raymond Lallez, Director of the Centre for Research and Training at the école Normale Supérieure in Saint-Cloud and a member of the French National Commission for Unesco, worked in child psychology at the University of Montpellier before becoming an adviser to the Minister of National Education of Cambodia. He has taught at several universities in the United States and is currentlyrapporteur for the National Centre of Scientific Research, in addition to his other functions in French national educational planning.     

Navigating the difficult waters of the No Child Left Behind Act of 2001: what it means for education of the deaf

The author outlines the major elements of the No Child Left Behind Act of 2001 and describes the law's impact on deaf education. The law's stated purpose is to close the achievement gap with accountability, flexibility, and choice, so that no child is left behind. The specific goal of the law is to ensure that all students are 100% proficient in reading, mathematics, and science by 2014. No Child Left Behind has effected sweeping reforms in general education. But with 814 requirements, it has also created great stress in educators throughout the United States. No Child Left Behind poses particular challenges to education of the deaf since policymakers gave no consideration to the needs of deaf children in formulating this law. Clearly, deaf students must be included in school and state accountability systems,but the law leaves many questions unanswered.