受教育平等权兼有受教育权和平等权的含义,包括入学机会、在校待遇和升学条件三方面的平等。义务教育作为国家法律明确规定的基础性教育,最应该体现受教育者的受教育平等权。目前随迁子女义务教育不平等问题表现得最为直接和鲜明。理清受教育平等权涉及的行政法律关系,结合前述三方面的平等,从行政法上对其加以考量,有很高的理论价值和实际意义。通过分析现行法律规范和行政实践,我们需要对受教育平等权的法律保障进行补强,进而构筑全面可行的保障和救济法律体系,以期落实包括随迁子女在内的全体受教育者的受教育平等权。 The right to education equalizes both the right to education and the right to equality, including the opportunities for admission, the conditions of school and the conditions for further education. Compulsory education, as a basic education clearly stipulated by national law, should most definitely reflect the equal right to education of educated people. At present, the problem of unequal compulsory education of accompanying children is most direct and distinct. To clarify the administrative and legal relations involved in the equal rights to education and to consider the above three aspects of equality and to consider them from the administrative law has a very high theoretical value and practical significance. By analyzing the current legal norms and administrative practices, we need to reinforce the legal protection of the equal rights to education, and then to establish a comprehensive legal system of safeguards and remedies with a view to implementing the education of all educated people, including accompanying children Equal rights.