2005 Fiscal Year Final Research Report Summary
The Comparative Legal Study on the Disclosure of Educational Information and Accountability in Japan, Germany and the United States
| Project/Area Number |
15530533
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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) |
2003 – 2005
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| Keywords | Disclosure of Educational Information / Accountability of School / Rights to Know of Parents / Rights to Know of Pupils / Information Disclosure Law / Information-Disclosure Ordinance / Educational Information Trial / Self-Decision-Right on Information |
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| Research Abstract |
A)The purposes of this research are as follows ;
・To examine the appropriate way of disclosure of information in the fields of school education and educational administration
・To study the suitable range and degree of the disclosure of educational information
・To clarify the original accountability held by schools and organizations of educational administration towards parents, local residents and pupils
B)The main focuses of this research are as follows ;
・Comparative analysis and investigation of positive law, educational law and precedents in Japan and those in Germany and the United States. In contrast to the situation in Japan, the current law in Germany specifies "rights to know" of parents and pupils at school education ; also, the United States has "law regarding rights of home education and privacy".
C)The concrete steps of the research are as follows ;
・Construction of the legal theory of information disclosure and accountability in education by examining the realities at school and
… More
actual operation of educational administration in terms of the study in school law
(1)Structural analysis on the legal system in terms of disclosure of educational information in Japan, Germany and the United States
(1)Fundamental structures and attributes
-information disclosure law in Germany and the United States
-information-disclosure ordinance and personal information protection law in Japan
(2)The constitutional status and precedents of the rights deeply involved in the disclosure of educational information, such as "rights to know", "educational rights of parents", "child's rights to learn" and so on
(3)The structures and the realities of operation of ・・・
-school law in Germany which specifies "rights to know of parents and pupils" in school education -the legal system of disclosure of educational information in the United States
(2)The comparative legal analysis of judicial cases over disclosure of educational information in Japan, Germany and the United States
-the analytical examinations of typical precedents selected in accordance with categories of the educational information
(3)Analysis and investigation of regulations of school administration
-collecting the regulations of school administration from all prefectures and 200 local authorities extracted in accordance with their size of population
-analysis and investigation of the data in the light of the actual regulation of disclosure of educational information and accountability of school Less
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