寻求“小升初”择校难题的理论起点——家长择校权合法性探析

Study on the Theory of School Choice during the Entering Secondary School:Exploration on Legitimacy of the Right of Parental School Choice

在我国,"家长择校权"处于无法可依的状态,"就近入学"、"禁止择校"成为小升初入学的基本原则,但在实践中择校禁而不止,"禁择令"存在政策失真甚至政策失败的问题。因此,择校问题的最终解决必须追根溯源,赋予家长择校权法律地位,并将之放在民主、多元的国际教育发展格局中,将之视为保障公共产品供给、革新公共教育体制的重要组成部分。本文从法理分析的层面,从教育权、受教育权、基本人权三个维度进一步探讨了家长择校权的性质与渊源。进而,探讨了家长择校权在理论与现实层面的形态,揭示出家长择校权作为法定权利的可行性,以及由法定权利向现实权利转变的实现路径,指出转化过程中的条件性与"差序格局"的基本原则。在此基础上,本文就家长择校权的实现路径作了探索,提出了给予家长择校权以立法保障;逐步开展择校实验,扩大学区范围;推动校际均衡发展,突出办学特色等建议。

The right of parental school choice is no legal basis in our country.'Enrollment in a nearby school'and'prohibition of school choice'become the important principles of entering secondary school,but the school choice is more and more in practice.The policy on prohibition of school choice becomes distorted even invalid.Therefore,the problem of school choice should be ultimately solved by the way that giving the legal status to the right of parental school choice,and putting it in the background of international education development,which is calling for democracy and pluralism. All these are treated as the important components of the supply of public goods and the innovation in public education.This essay discusses the nature and origin of the right of parental school choice from three dimensions of the legal level—the right of education,right to education,and human right.Further, it also discusses the pattern of the right of parental school choice in both theory and reality levels,reveals the feasibility of the right of parental school choice as a legal right,points out the path of changing the right of parental school choice from the legal right to the reality right,as well as the conditions and principles during the changing processes.On the base of it,this essay has a further discussion on the path to the achievement of the right of parental school choice.Pieces of suggestion are given,including'to grant the legal status of the right of parental school choice;to carry out school choice experiment step by step;to adjust the school district system;to build characteristics of successful schools and so on.