美国残障儿童受教育权利的立法保障研究

  目  录
摘   要······································································································· I
Abstract································································································ III
章 导 论······························································································· 1
一、研究意义······················································································································ 1
（一）残障儿童受教育权的保障是个人权利实现和个人发展的重要途径············································ 2
（二）残障儿童受教育权利的保障是国家法治化的必然要求·································································· 5
（三）我国残障儿童受教育权利的保障体系亟待完善··············································································· 6
（四）美国完善的残障儿童受教育权利的法律保障体系对我国有一定的借鉴意义························· 11
二、对以往研究的回顾······································································································· 12
（一）国内对美国特殊教育的已有研究······································································································· 12
（二）国内对我国特殊教育法制保障的已有研究····················································································· 14
（三）美国对特殊教育法制保障的已有研究······························································································ 15
三、研究思路与研究方法···································································································· 17
（一）研究目标·················································································································································· 17
（二）研究内容·················································································································································· 17
（三）研究方法·················································································································································· 18
四、论文基本概念界定······································································································· 19
（一）残障··························································································································································· 19
（二）特殊儿童和残障儿童···························································································································· 22
（三）特殊教育·················································································································································· 23
第二章 美国特殊教育立法的现实驱动······························································ 25
一、特定的历史背景··········································································································· 25
二、受教育权利的缺失······································································································· 25
三、公民权运动的呼吁······································································································· 27
（一）公民权······················································································································································ 27
（二）黑人公民权运动····································································································································· 27
（三）公民权运动对特殊教育立法的推动·································································································· 28
四、 司法判例的推动········································································································· 29
五、 特殊教育组织的推动··································································································· 31
六、多元文化教育运动的推动······························································································ 32
第三章 美国特殊教育立法制度······································································· 34
一、美国的联邦制度··········································································································· 34
二、美国的教育立法制度···································································································· 38
（一）美国教育立法的主体其权限··············································································································· 38
（二）美国教育立法的程序···························································································································· 39
三、美国特殊教育的法律渊源······························································································ 41
（一） 联邦宪法（Constitution）················································································································ 41
（二）州宪法（State Constitutions）··········································································································· 42
（三）法规（Statutes）··································································································································· 42
（四）规章（Regulations）···························································································································· 42
（五）判例法（Case Law）···························································································································· 43
（六）学校委员会政策（School Board Policies）···················································································· 43
第四章 美国主要的特殊教育法律···································································· 44
一、《康复法》················································································································· 44
（一）立法背景·················································································································································· 44
（二）立法目的·················································································································································· 44
（三）法律效力·················································································································································· 44
（四）立法的主要内容····································································································································· 45
二、《美国残障者法案》···································································································· 46
（一）立法背景·················································································································································· 46
（二）立法目的·················································································································································· 47
（三）法律效力·················································································································································· 47
（四）立法的主要内容····································································································································· 48
三、《残障者教育法案》···································································································· 49
（一）立法发展·················································································································································· 49
（二）立法目的·················································································································································· 51
（三）立法的主要内容····································································································································· 52
第五章   美国特殊教育法律的立法原则··························································· 53
一、平等入学的原则··········································································································· 53
二、公平科学评估的原则···································································································· 54
（一）评估对象·················································································································································· 54
（二）评估的原则·············································································································································· 54
（三）评估的类型·············································································································································· 55
三、免费的合适的公共教育原则·························································································· 58
（一）免费的公共教育····································································································································· 59
（二）合适的公共教育····································································································································· 59
四、合理的安置原则··········································································································· 66
（一）安置··························································································································································· 66
（三）安置的改变·············································································································································· 69
（四）惩戒性的安置改变································································································································· 70
五、充足的经费保证原则···································································································· 72
（一）联邦政府的公共教育财政责任··········································································································· 72
（二）州政府的公共教育财政责任··············································································································· 74
（三）学校委员会的公共教育财政责任······································································································· 77
六、正当法律程序原则······································································································· 78
（一）正当法律程序原则(Due Process of Law)·························································································· 78
（二）正当法律程序原则在美国特殊教育立法中的体现········································································ 79
第六章 美国特殊教育立法精神以及对我国的启示··············································· 86
一、美国特殊教育的立法精神······························································································ 86
（一）教育平等·················································································································································· 86
（二）无残障社会·············································································································································· 90
（三）全纳教育·················································································································································· 92
（四）民主参与·················································································································································· 96
二、美国特殊教育立法对我国的启示···················································································· 98
（一）完善特殊教育法律体系是前提··········································································································· 98
（二）提高特殊教育法律的可操作性是保障···························································································· 103
（三）践行全纳教育思想是关键················································································································· 107
（四）构建社会保障体系是条件·················································································································· 117
参考文献·································································································· 122