Collaboration and Cooperation Between School Lawyers, Teachers and Staffs, and Educationrelated Professionals

The School Lawyer System at a Crossroads

Abstract

ABSTRACT 　　　　(1) From March to May 2020, the authors conducted a questionnaire survey on the boards of education, schools, and School Lawyers nationwide that introduced the School Lawyer System. In this paper, I consider based on the results of this questionnaire survey, especially School Lawyers’ responses. According to School Lawyers’ responses, although they do not deny the idea of “School as a Team,” they consider it extremely important to ensure externality, without which the best interests and rights of children cannot be protected. According to School Lawyers who responded to our survey, schools are the best place for Scool Lawyers to be consulted than law firms or school board rooms, and they strongly desire to interact with School Social Worker and School Counselor. It is best that School Lawyers make regular rounds and visits to schools, and participate in “Case Conferences” made up of various educational professionals. (2) To promote the aforementioned School Lawyer System, first, we must recruit School Lawyers who understand education and children’s rights. For this, it is desirable to establish a way in which lawyers belonging to the Children’s Rights Committee in the local bar associations are sent to the boards of education. However, since the number of lawyers who belong to this committee is limited, it is necessary to urgently train incumbent lawyers who can understand education and Children’s Rights. We must also cultivate students who understand education, schools, and children’s rights in law schools. In March 2023, the authors visited the Mills Legal Clinic (MLC) at Stanford University Law School and interviewed a professor and two students. In this paper, I explore how to train School Lawyers at Japanese law schools while presenting the MLC’s learnings. 　　 As the School Lawyer System expands, “legalization” of education will be unavoidable. If cooperation between School Lawyers, teachers and staffs, and education-related professionals as presented in this paper is not realized, the negative aspects of “legalization” will engulf school education. We currently are at acrossroads regarding the School Lawyer System.