Judicial Guarantee of the Right to Equal Access to Nearby Schools
Today,with the concept of equity in education deeply rooted in people's minds,access to nearby schools is considered as a right rather than a duty,and its connotation has undergone a development from formal equality to substantive equality.The right to equal access to nearby schools involves the dual fundamental rights to education and equality,but its judicial protection has not yet attracted sufficient attention.In practice,there are disputes over the admissibility of school zoning,the qualification of plaintiffs,and the intensity of court review.Therefore,on the basis of recognizing the justiciability of school district zoning,it is explicitly proposed that only school-age children as interested parties have the qualification of plaintiffs;the factual,procedural and legal issues in the lawsuits of access to nearby school adopt the minimum,medium and strict review intensity,so as to balance the civil rights remedies and administrative discretion;at the same time,it actively promotes the development of administrative public welfare lawsuits of education in nearby school,so as to promote the realization of educational equity.
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