미국에서의 국가, 교원, 학부모 상호간의 권한관계―판례상의 다툼을 중심으로―

Abstract

The legal relationship between the educational subjects in US, compared with that of Korea, is based on objectively formed system rather than subjectively formed system of rights or authority. There is little possibility of serious conflicts among the Federal Government, state governments and school districts. Most of educational rights primarily belong to states, so in principle the Federal Government cannot interfere with them in determining contents of education as long as it is not unconstitutional. In the relationship between the state government and school districts, though school districts actually work automatically, the school districts have most of educational rights and school districts only execute their policies. So it is hard to expect the legal conflicts between them ; though there are a few cases of political conflicts between them. Additionally it is hard to expect the conflicts of rights among educational authorities, parents and teachers, because many cases about these issues were already established systematically ; even though any conflict happen, it will be legally coordinated at all. Recognizing educational policies belong to them, the Federal Government and state governments give school districts much of local autonomy and permit them to execute educational policies ; as a result, this leads educational subjects themselves to solve their own conflicts in US.