「教育委員会の責任」に関する考察 : 公立中学校における「いじめによる生徒の自殺」事件を事例として(II 研究報告)
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概要
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The purpuse of this study is to gain a clue to clarify the principles of accountability of educational administration through examining the understandings expressed in court and by the boards of education and the district legal affairs bureaus about "accountability of educational administration" in the cases of students' suicides caused by bullies in public junior high schools. In both judgments at the Fukushima District Court (Iwaki Branch) and the Tokyo District Court,the cases of students' suicides caused by bullies in school was considered as accidents in school, not as obvious errors by the boards of education. The Tokyo City Board of Education actually made disciplinary punishments against the principal and the teachers of the school, as they didn't deal with the bully among students. This means that the boards of education were not held accountable for these cases. Today, "bullies" in schools are widely regarded as a human rights violation among lawyers. However, it is thought to be schoolteachers' accountability to deal with bullies in school, so they claim to the board of education to simply supervise teachers more carefully. This understanding among lawyers is the same as those of the two judgements on the cases of students' suicides caused by bullies, not only as those generally seen in the judgments on "accidents in school." According to the arguments on "public administrative accountability," all of the understandings above can be seen mainly as arguing "formal accountability." In The Japan Educational Administration Society, arguments related to "accountability of educational administration" were presented at the 16th conference (1981) symposium, titled "accountability of schools and its limitation." There, it was commonly understood that "educational accountability of schools" consists of "legal accountability" and "social responsibility or moral responsibility." It can be seen that these two concepts almost correspond to the concepts of "formal accountability" and "informal responsibility" in the public administration. One of the points of the arguments at the symposium was to search for "informal responsibility" in education. Bullies in school have been mainly dealt with by the principle of "students guidance." But "students guidance" would work enough only in so far as teachers have enough abilities as educational professionals and communicate with their students directly and deeply. Educational administration gives guide and advice, sets conditions according to laws on "students guidance" by teachers, and influences various practices in school. This indicates that we can never see "accountability of educational administration" as "public administrative accountability." According to this paper, it is clear that we cannot blame only teachers for "students' suicide caused by bullies in school." It is also obvious that we cannot think "students guidance" by teachers exclusively as "formal accountability." Rather, the board of education should be blamed because it cannot set conditions in school for students and teachers as educational professionals. The accountability concerning bullies in school must be "informal responsibility."
- 日本教育行政学会の論文
- 1996-09-27