2002 Fiscal Year Final Research Report Summary
The Comparative Legal Study on the Legal Structure of School Autonomy and Self-Responsibility in Japan, Germany and the Netherlands
| Project/Area Number |
12610303
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Educaion
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| Research Institution | National Institute for Educational Policy Research in Japan |
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Principal Investigator |
YUKI Makoto National Institute for Educational Policy Research, in Japan, Research Department of Educational Policy and Evaluation, Senior Researcher, 教育政策・評価研究部, 総括研究官 (20033574)
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| Project Period (FY) |
2000 – 2002
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| Keywords | Educational Freedom / School Autonomy and Self-Responsibility / State's Control over Schools / the Right to Control Schools / School Community / Educational Autonomy of schools / the Financial Autonomy of Schools / School Participation |
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| Research Abstract |
(1) The Comparative Legal Examination on the Power of Ministry of Education in Japan, Germany and the Netherlands
This paper first examines the legal history of "the State's control over schools" in Japan, Germany and the Netherlands. It will then make clear the power of Ministry of Education under the present legal structure : what kind of power it has (such as to permit, control, set the standard and supervise) on what kind of educational issues by analyzing and considering the positive law/court decisions and the theories of these three countries, examining from the comparative legal point of view.
(2) The Structural Analysis of the "School Community/Participatory" School Law in Germany and "Educational Freedom/Selective Style" School Law in the Netherlands
The school law in Germany and the Netherlands are characterized as above. This paper makes clear its legal structure concerning "the school autonomy and self-responsibility" from the following point of views : (1)the local educational administration authority's right to control school, (2)the relationship beween the national level curriculum standard and the right to create the curriculm in each school, (3)the system of admitting textbooks and the system of admissioning textbooks and sub-teaching materials, (4)the legal status and the control of pricipals, (5)the school's power over teacher personnel (the appointment of jpricicples and teachers), (6)the financial system of schools and the financial autonomy of schools, (7)the participatory system of teachers, parents, students and Community on educational administration and school management, (8)the accountability and school evaluation and (9)the freedom of selection in school education.
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