イギリスにおける親の学校選択関連争訟事例(V 研究報告)
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概要
- 論文の詳細を見る
The purpose of this article is to clarify the substantive conditions of parental rights concerning school choice through an analysis of legal cases on allocation of school places complained to the Local Commissioner of Administration (Ombudsman) in England & Wales. In this connection, I have tried to develop several subjects around the following points. 1) The relationship between the arrangement for allocation of school places in each local education authority (LEA) and individual parental rights in school choice. 2) The probability of the parental right to access educational information on individual children. 3) The substantive conditions concerning the onus of proof of the LEAs in the appeal procedure. Findings in some case analyses can be summarized as follows. 1) Although "open enrolment" provided in the Education Reform Act 1988 might be favourable for parents' rights, parents must be obedient to the LEAs' policies on allocation of school places. They have to seek a way to maintain the equality of educational opportunities in place of the LEAs. 2) The rights to access informations are much subject to restriction. These rights are fundamental for parents, because without receiving educational information concerning their children they can not exercise their rights sufficiently. 3) As to the onus of proof, the appeal procedure is working advantageously for parental rights. Standardized interpretation has not been established because of an insufficiency of cases.
- 日本教育行政学会の論文
- 1990-10-05