Public law
The public right is a right concerning the state recognition of private schools.
Austria
In Austria , public rights are granted under certain conditions to private schools , which are then primarily allowed to issue school certificates that are legally equivalent to those of public schools.
Private schools with public rights can primarily issue legally recognized certificates and hold the examinations intended for the type of school (e.g. the Matura ). The school reports thus acquire the evidential value of public documents and have the same legal effect as those of similar public schools. Students from other private schools have to take annual external exams at state schools and receive their certificates from them. In addition, trainee teachers can be assigned to private schools with public rights for practical training. In addition, the school regulations applicable to the corresponding public schools apply, unless explicitly regulated otherwise, such as for the school supervision, and with the exception of regulations on the establishment, maintenance and closure, the districts and school fees.
Public rights are granted under the following conditions:
- In all private schools, school providers, leaders and teachers must guarantee lessons that correspond to the tasks of the Austrian school system . In the case of schools run by local authorities , legally recognized churches and religious societies and other bodies under public law , this is assumed by law.
- In the case of private schools with a legally regulated type of school, which is subject to certain requirements in terms of curriculum, equipment, school books and teaching qualifications, the teaching success must correspond to that of a similar public school.
- In private schools that do not correspond to a public school type, the curriculum, equipment and teaching qualifications must comply with an organizational statute issued or approved by the Minister of Education and the school must have proven itself in terms of its teaching success. (" Statute school " such as some Waldorf schools and Montessori schools )
In the course of the reforms of 1848 , a separate Ministry for Public Education was created, which drafted the Provisional Law on Private Education of June 27, 1850. Up until then there were private schools only for girls, and for boys there were usually only private schools with boarding schools. There were very seldom private Realschulen as commercial schools or under similar names. There were private high schools only in Konvikten with a compulsory examination at a public school. Only in the Kingdom of Lombardy-Veneto there were conversations with external students and internal examinations, but one external final examination. Among other things, the law stipulates that private secondary schools and grammar schools may only be called that if they correspond to the state institutions of the same name. Every private educational institution was only allowed to issue state-valid certificates if it had been raised to the rank of public high schools or secondary schools. These certificates were particularly necessary when entering state schools and civil service, and a few years later also for universities. Other students had to take an exam at a public school. Soon after the law was passed, the term public law became established . Further regulations were later issued for other types of schools.
Germany
In Germany, public law roughly corresponds to state recognition of a private school.
Individual evidence
- ↑ Section 11 (4) Compulsory Education Act 1985
- ↑ § 13 Private School Act
- ↑ § 14 Private School Act
- ↑ RGBl. 309/1850: Imperial decree of June 27, 1850, effective for all crown lands of the monarchy , whereby a provisional law on private lessons is enacted and comes into effect from the day of its publication. in: General Reich Law and Government Gazette for the Austrian Empire , 101. Issued and sent on August 3, 1850, p. 1271 ( online at ALEX - historical legal and legal texts online )
- ^ Leo von Thun and Hohenstein : Lecture by the Minister of Cultus and Education, regarding the provisional law on private instruction . In: JG Seidl, H. Bonitz, J. Mozart (Eds.): Journal for the Austrian high schools . tape 1 . Carl Gerold, Vienna 1850, p. 534 ( online in the Google book search [accessed on March 20, 2013], lecture of June 6, 1850).