Hessian School Act

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Basic data
Title: Hessian School Act
Abbreviation: HSchG
Type: State Law
Scope: Hesse
Legal matter: School law
Original version from: unknown
Entry into force on: unknown
Last revision from: June 30, 2017
(GVBl. P. 150)
Entry into force of the
new version on: 		August 1, 2017
Last change by: Art. 13 G of 3 May 2018
(GVBl. P. 82)
Effective date of the
last change: 		May 25, 2018
Please note the note on the applicable legal version.

The Hessian School Act (HSchG) forms the basis of school law in Hesse. It essentially regulates all components of school law and is only supplemented in detail by further ordinances.

content

First part

The first part (§§ 1–3) takes up the right to education standardized in the constitution of the state of Hesse and specifies this basic right in more detail.

Second part

The second part (§§ 4–10) regulates the content of school lessons. In principle, the lessons in the Hessian schools are based on the lesson plans drawn up centrally by the Hessian Ministry of Culture, which contain specific knowledge objectives and form a framework for the teaching content of the schools. Minor subjects (e.g. sports) instead create general curricula that do not contain specific goals. Furthermore, lesson tables are drawn up for each grade level. The school subjects are listed in detail, whereby it is left to the schools to summarize individual subjects (e.g. social studies instead of geography, history and politics and economics). The compulsory content also includes sex education (Section 7) and religious instruction or ethics instruction (Section 8).

third part

The third part (§§ 11-55) contains more detailed regulations on the individual types of school in the state of Hesse from elementary school through secondary schools and vocational schools to schools for adults (evening school and especially in Hesse the Hessenkolleg ) and special schools . In Hesse, the parents alone decide about the child's school career.

In the Hessian elementary schools, the performance in the first grade is not graded and instead replaced by a written assessment by the class teacher in text form. A transfer does not take place, the pupils automatically advance to the second grade; a non-promotion is only permitted in exceptional cases, if otherwise the development of the pupil would be seriously endangered.

At the secondary schools there is an orientation stage called "Förderstufe", which covers the 5th and 6th grade.

fourth part

The fourth part (§§ 56–68) regulates compulsory schooling in Hesse.

Pupils who have reached the age of six by June 30th are required children and must start primary school at the beginning of the school year in August. Schoolchildren who reach the age of six after July 1st are optional children and can, but do not have to, start school in the same year. If the development of the children is not yet ready for primary school, they can be postponed from compulsory schooling for up to a year. In Hesse, primary schools are compulsory .

Compulsory full-time schooling ends with the 9th school year; however, only if this is followed by vocational training (dual training or school-based training), attending a vocational preparation year , basic vocational training year or a measure by the employment agency. All federal voluntary services ( BFDG ) also meet the requirement. In all other plans after the Hauptschule, the extended compulsory schooling applies and the full-time compulsory schooling is extended by a further year, which in extreme cases can lead to the student having to do a 10th grade at a Realschule, although he is not admitted to the Realschulprüfung from the outset can and thus cannot achieve the class goal.

The compulsory vocational school, which is still standardized in the Hessian School Act, has become obsolete due to the introduction of dual training at federal level. Those who do not complete vocational training do not have to attend a vocational school in the state of Hesse.

In exceptional cases (lack of schoolability), compulsory schooling can be temporarily or permanently suspended (Section 65).

Compulsory schooling can be enforced by applying direct compulsion (Section 68).

Part five

The fifth part (§§ 69–82b) regulates the legal relationships between school and pupil. The admission of a student establishes a school relationship under public law. The pupil's parents have no right to admission to a particular school, but they do have a right to admission to a school in the chosen course of study (e.g. grammar school). Furthermore, the law contains basic regulations for the issuing of certificates, for advancement to the next higher grade level and, if necessary, for repeating a grade level as well as changing to another educational path.

Finally, this section regulates the administrative measures in the event of violations of the school rules. The regulatory measures are staggered and range from exclusion from school lessons for the rest of the school day to complete expulsion from the school attended.

Sixth part

The sixth part (§§ 83-85) contains exclusively data protection regulations and was inserted into the Hessian School Act as a result of the EU's General Data Protection Regulation (GDPR).

Seventh part

The seventh part (§§ 86–99c) regulates the rights of teachers and the school management in the state of Hesse as well as school supervision by the 15 state school offices in the state of Hesse, which are directly subordinate to the Ministry of Education.

Eighth part

The eighth part (§§ 100-120) regulates the rights of parents and in particular the formation of parents' councils at class, school, district and state level.

Part ninth

The ninth part (§§ 121–126) regulates the student representatives at school, district and state level as well as the school newspapers , mirroring the previous part .

Part tenth

The tenth part (§§ 127-136) defines the rights of the school as a corporation under public law and the school conferences.

Eleventh part

The eleventh part (§§ 137-150) regulates the sponsorship of the schools of the state of Hesse.

As a rule, the schools in Hesse are run by the rural districts and urban districts. The special status cities of Fulda , Gießen , Marburg , Hanau and Rüsselsheim are responsible for the schools in their municipality. The State of Hesse is the sponsor of the Hessenkollegs, the State Welfare Association of Hesse sponsors the special schools in Hesse.

The minimum number of pupils for schools in Hessen is also standardized. Hauptschulen must be at least one course, Realschulen and Gymnasien at least two courses. Integrated comprehensive schools must have at least three courses. Upper secondary schools as part of a general high school and vocational grammar schools must have at least 50 students per year, upper secondary schools at least 160 students per year. There is no minimum number of pupils for primary schools, so that very small primary schools are also permitted in Hesse (e.g. the dwarf schools in the former district of Schlüchtern )

Part twelfth

In the twelfth part (§§ 151–165) the costs of the Hessian schools are regulated, in addition, some regulations concerning the pupils are contained here.

There is no learning material in Hesse; School books are provided by the school and must be returned at the end of the school year.

Student travel costs are only reimbursed for the duration of compulsory full-time schooling; the travel costs to the upper secondary level must be borne by the student or their parents themselves in any case.

Part thirteenth

The thirteenth part (§§ 166–177) contains regulations on private schools in the state of Hesse.

Part fourteenth

The fourteenth part (§§ 178-184a) mainly contains regulatory and penal provisions.

The basic offense of compulsory school attendance is an administrative offense, but if it does so it is a criminal offense that can be punished with imprisonment for up to six months or with a fine. The offense will only be prosecuted upon request.

Part fifteenth and sixteenth

The fifteenth and sixteenth parts (§ 185 and §§ 186–191) contain statutory authorizations as well as transitional and final provisions.

Statutory ordinances based on the Hessian School Act

On the basis of the Hessian School Act, the ministries have issued numerous ordinances and administrative regulations. In particular, the following should be mentioned:

  • Ordinance on the supervision of school pupils (AufsVO)
  • Ordinance on structuring the school relationship (VOGSV)
  • Upper School and Abitur Ordinance (OAVO)
  • Ordinance on the structuring of the educational programs and school types of the basic level (primary level) and the intermediate level (secondary level I) and the final exams in the intermediate level (VOBGM)
  • Ordinance on teaching, upbringing and special educational support for pupils with impairments or disabilities (VOSB)
  • Administrative regulations for supervision in school sports (sports decree)
  • School hikes and school trips ("Wandererlass")

Web links

Individual evidence

  1. ^ Hessian Ministry of Culture: Hessian School Act. In: Ministry of Culture Hessen. Ministry of Culture Hessen, March 11, 2020, accessed on March 11, 2020 .