从教育财政中性到教育的充分性——美国教育财政诉讼及其对教育财政改革的促进作用

From Fiscal Neutrality to Educational Adequacy--American School Finance Litigation and its Role In Advancing Educational Finance Reform

本文主要研究了美国教育财政诉讼中其法律依据和教育公平标准的转变。法院审查教育财政制度的法律依据主要是联邦和州宪法公平保护条款、州宪法教育条款,法院采用的公平标准先是财政中性原则,后来演变为充分性原则。法律诉讼是推动美国教育财政制度改革的有效途径。

This paper deals with school finance litigation in America, focusing on the changes of the legal basis and standards of education equity. Courts reviewed the school finance systems mainly on the basis of the equal protection clause of the federal Constitution and the state equal protection clauses as well as the education clauses of the state legislation. The standards for the equity in education employed by the courts changed from the principles of fiscal neutrality to those of education adequacy. The legal litigation is an effective route to promote the reform of the financial system in American education.