美國殘障兒童受教育權利的立法保障研究

  目  錄
摘   要······································································································· I
Abstract································································································ III
章 導 論······························································································· 1
一、研究意義······················································································································ 1
（一）殘障兒童受教育權的保障是個人權利實現(xiàn)和個人發(fā)展的重要途徑············································ 2
（二）殘障兒童受教育權利的保障是國家法治化的必然要求·································································· 5
（三）我國殘障兒童受教育權利的保障體系亟待完善··············································································· 6
（四）美國完善的殘障兒童受教育權利的法律保障體系對我國有一定的借鑒意義························· 11
二、對以往研究的回顧······································································································· 12
（一）國內對美國特殊教育的已有研究······································································································· 12
（二）國內對我國特殊教育法制保障的已有研究····················································································· 14
（三）美國對特殊教育法制保障的已有研究······························································································ 15
三、研究思路與研究方法···································································································· 17
（一）研究目標·················································································································································· 17
（二）研究內容·················································································································································· 17
（三）研究方法·················································································································································· 18
四、論文基本概念界定······································································································· 19
（一）殘障··························································································································································· 19
（二）特殊兒童和殘障兒童···························································································································· 22
（三）特殊教育·················································································································································· 23
第二章 美國特殊教育立法的現(xiàn)實驅動······························································ 25
一、特定的歷史背景··········································································································· 25
二、受教育權利的缺失······································································································· 25
三、公民權運動的呼吁······································································································· 27
（一）公民權······················································································································································ 27
（二）黑人公民權運動····································································································································· 27
（三）公民權運動對特殊教育立法的推動·································································································· 28
四、 司法判例的推動········································································································· 29
五、 特殊教育組織的推動··································································································· 31
六、多元文化教育運動的推動······························································································ 32
第三章 美國特殊教育立法制度······································································· 34
一、美國的聯(lián)邦制度··········································································································· 34
二、美國的教育立法制度···································································································· 38
（一）美國教育立法的主體其權限··············································································································· 38
（二）美國教育立法的程序···························································································································· 39
三、美國特殊教育的法律淵源······························································································ 41
（一） 聯(lián)邦憲法（Constitution）················································································································ 41
（二）州憲法（State Constitutions）··········································································································· 42
（三）法規(guī)（Statutes）··································································································································· 42
（四）規(guī)章（Regulations）···························································································································· 42
（五）判例法（Case Law）···························································································································· 43
（六）學校委員會政策（School Board Policies）···················································································· 43
第四章 美國主要的特殊教育法律···································································· 44
一、《康復法》················································································································· 44
（一）立法背景·················································································································································· 44
（二）立法目的·················································································································································· 44
（三）法律效力·················································································································································· 44
（四）立法的主要內容····································································································································· 45
二、《美國殘障者法案》···································································································· 46
（一）立法背景·················································································································································· 46
（二）立法目的·················································································································································· 47
（三）法律效力·················································································································································· 47
（四）立法的主要內容····································································································································· 48
三、《殘障者教育法案》···································································································· 49
（一）立法發(fā)展·················································································································································· 49
（二）立法目的·················································································································································· 51
（三）立法的主要內容····································································································································· 52
第五章   美國特殊教育法律的立法原則··························································· 53
一、平等入學的原則··········································································································· 53
二、公平科學評估的原則···································································································· 54
（一）評估對象·················································································································································· 54
（二）評估的原則·············································································································································· 54
（三）評估的類型·············································································································································· 55
三、免費的合適的公共教育原則·························································································· 58
（一）免費的公共教育····································································································································· 59
（二）合適的公共教育····································································································································· 59
四、合理的安置原則··········································································································· 66
（一）安置··························································································································································· 66
（三）安置的改變·············································································································································· 69
（四）懲戒性的安置改變································································································································· 70
五、充足的經(jīng)費保證原則···································································································· 72
（一）聯(lián)邦政府的公共教育財政責任··········································································································· 72
（二）州政府的公共教育財政責任··············································································································· 74
（三）學校委員會的公共教育財政責任······································································································· 77
六、正當法律程序原則······································································································· 78
（一）正當法律程序原則(Due Process of Law)·························································································· 78
（二）正當法律程序原則在美國特殊教育立法中的體現(xiàn)········································································ 79
第六章 美國特殊教育立法精神以及對我國的啟示··············································· 86
一、美國特殊教育的立法精神······························································································ 86
（一）教育平等·················································································································································· 86
（二）無殘障社會·············································································································································· 90
（三）全納教育·················································································································································· 92
（四）民主參與·················································································································································· 96
二、美國特殊教育立法對我國的啟示···················································································· 98
（一）完善特殊教育法律體系是前提··········································································································· 98
（二）提高特殊教育法律的可操作性是保障···························································································· 103
（三）踐行全納教育思想是關鍵················································································································· 107
（四）構建社會保障體系是條件·················································································································· 117
參考文獻·································································································· 122