农民工子女教育问题从一般的社会问题上升到政策问题,体现了政府对这一问题重视程度上的转变。伴随“两为主”政策的合法化,农民工子女受教育权进一步由“法定权利”向“现实权利”迈进。但是新秩序不会随着法律的生成而立即形成,当前农民工子女的受教育权受到输入地户籍、资源以及市民心理排斥的限制。为此,建议行政机关应切实履行维护教育公平的义务,强调法律责任的过程监督,营造有利于农民工子女社会认同的社会舆论,同时根据输入地的客观条件制定灵活有效的政策作为法律保障的补充。 The issue of migrant workers’ children’s education rose from a general social issue to a policy issue, demonstrating the government’s degree of emphasis on this issue. With the legalization of the “two principals” policy, the right to education of migrant workers’ children further from “legal rights” to “real rights”. However, the new order will not be immediately formed as the law emerges. At present, the right to education of children of migrant workers is limited by the household registration, resources and the psychological exclusion of citizens. For this reason, it is suggested that the executive authorities should earnestly fulfill the obligation of safeguarding educational equity, emphasize the process supervision of legal responsibility, and create social public opinion which is favorable to the social identification of migrant workers’ children. At the same time, according to the objective conditions of entering the land, a flexible and effective policy should be established as legal protection supplement.