薄弱学校改进有赖于法律提供保障,而问责又是薄弱学校改进法律保障体系不可或缺的内容。薄弱学校委托管理的根基是市场化和公益信托,强有力的问责机制是其成败的关键。基于信托机制的特许学校政策是美国改进薄弱学校的主要措施,美国允许开办特许学校的州均颁布了《特许学校法》。由于一些州《特许学校法》的问责条款不够完善,导致法律的可操作性较弱,对不合格特许学校的问责未能落到实处,从而引起人们对特许学校这一改革措施成效的极大争议。我国薄弱学校改进中的“委托管理”也面临着法律保障的问题,美国《特许学校法》的经验与教训可以为我们提供些许借鉴与启示。 Weak school relies on the law to provide security, and accountability is also an indispensable part of the school to improve the legal security system. The foundation of the entrusted management of the weak schools is the marketization and the public welfare trust. The strong accountability mechanism is the key to its success. The charter school policy based on the trust mechanism is the main measure for improving the weak schools in the United States. The states that allow the establishment of charter schools in the United States enacted the “Chartered School Act.” Due to imperfect accountability provisions in some states’ Chartered Schools Act, which led to weak law enforcement and accountability to unqualified charter schools failed to materialize, leading to an interest in the reform of charter schools Great controversy. The “entrusted management” in the improvement of weak schools in our country also faces the problem of legal guarantee. The experience and lessons learned from the “Chartered School Law” in the United States can provide some reference and inspiration for us.