Freedom of learning materials
Freedom of learning aids or teaching aids means that objects in educational institutions , especially school books , but also other things such as exercise books are provided free of charge.
Germany
In Germany, the freedom to learn aids goes back to demands of 1848, when one wanted to enable education independent of the parents' income; today there is an extensive freedom of learning aids in some countries. In some cases it is even anchored in the state constitution . If there is no freedom from learning materials, an attempt is usually made - for example through book bazaars between the different grades - to provide an inexpensive way to purchase used books. Poor families are supported. The acquisition of new learning materials can cost several hundred euros per year. The abolition of the freedom to learn aids is often discussed in order to reduce debt, but on the other hand it is criticized because it primarily affects the financially weak and education is seen as one of Germany's most important resources. The argument against freedom from learning materials is that purchased items are treated better and students usually receive newer materials.
In 1984, however, only some of the school books in West Berlin and Hamburg became their property; Baden-Württemberg, Bavaria, Bremen and Hesse only made school books and some other learning materials available on loan. In 1984, 33 percent of the costs were borne by the parents in North Rhine-Westphalia and 50 percent in Schleswig-Holstein . In Lower Saxony and Saarland , learning aid allowances were only paid proportionally to parents who did not reach certain income limits. In Rhineland-Palatinate , the share of the costs to be borne by the parents was primarily based on the number of children.
Recipients of unemployment benefit II are, following two rulings of the Federal Social Court of May 8, 2019, to reimburse the cost of school books if the school does not provide the materials for their children and they have to purchase them themselves. The amount of three euros, which is provided for in the standard requirement for school books, is not sufficient for this.
Baden-Württemberg
In Baden-Württemberg , the freedom to learn aids is regulated in Article 14, Paragraph 2 of the state constitution. Thereafter, lessons and learning materials in public schools are free of charge. The costs incurred by the school authorities for the exemption from school fees and learning materials are appropriately offset within the framework of municipal financial equalization. The benchmark is around 90% of the running school costs of the municipal bodies. Private middle and higher schools, the establishment of which corresponds to a public need, which are pedagogically valuable and also grant free school fees and learning materials, as well as private elementary schools (i.e. elementary and secondary schools), receive compensation. For schools, the scope of the freedom to learn aids is regulated in the ordinance of the Ministry of Culture on the necessary learning aids (Lernmittelverordnung - LMVO).
According to the state constitution, the freedom of learning aids is to be implemented gradually. The design is reflected in the School Act (§ 94) and the above learning materials ordinance based on it. According to the Schools Act, the freedom to learn aids applies to all public schools with the exception of technical schools (master craftsman and technician schools). Objects of little value are excluded from the freedom to learn aids. The municipal school authorities, who are responsible for implementing the freedom to learn aids, can also subsume learning aids here that can also be used for non-school purposes (e.g. paint box; see judgment below). The legal guardians can procure learning materials themselves, although here voluntariness is a prerequisite; However, in some cases, contrary to legem, schools actually exert pressure on parents to procure learning materials, in particular workbooks - which are not absolutely necessary according to state law requirements - themselves. Instead of borrowing, learning materials are to be left entirely to the students if the type and purpose of the learning material exclude borrowing (e.g. workbooks in which entries are to be made). Objects that are also used outside of class are not learning aids. According to a ruling by the Administrative Court of Baden-Württemberg in 2001, the de minimis limit of the Schools Act may not be raised at the expense of the pupils.
Bavaria
In Bavaria : has the Lehrmittelfreiheit no explicit constitutional status, but it is, after all, "The teaching in these schools (= adult and vocational schools) (Article 2129 para.. Is free." BV ) The Lehrmittelfreiheit law for textbooks furnished. On the other hand, besides exercise books and writing utensils, exercise books, atlases , pocket calculators and other things must be bought by the student (or his parents). A copy fee is required annually for the worksheets. At the beginning of the 2005/2006 school year, however, a so-called book allowance of € 20 at elementary schools and € 40 at secondary schools (i.e. from the fourth grade) was levied for the provision of school books - except for families who can be shown to be particularly needy for a maximum of two children per family. Political opponents and non-political groups that deal with education criticized this measure as the abolition of the freedom to use teaching materials . In September 2007 Günther Beckstein announced the abolition of book money for 2008 at the closed meeting of the CSU parliamentary group. In response to public pressure, the Bavarian State Government has now released the municipalities to collect book fees for the 2007/08 school year.
Every Bavarian pupil receives a free copy of the Basic Law and the Bavarian Constitution , which is a constitutional right (Art. 188 BV ).
Bremen
Bremen regulates the freedom of learning materials in the constitution for the city of Bremerhaven as well as the state constitution of the Free Hanseatic City of Bremen . " Article 31 (3 ) states that " teaching and learning materials are provided free of charge " .
North Rhine-Westphalia
In North Rhine-Westphalia, freedom from learning materials is granted to students in public schools as well as in private substitute schools in accordance with the statutory provisions (Section 96 of the NRW Schools Act ). The state constitution (Art. 9 Para. 2 LV) has mandated the legislature to regulate the introduction and implementation of the freedom of learning materials for all schools by law.
This mandate was initially regulated by the Learning Resources Act (LFG) of December 18, 1973, which was incorporated into the new NRW Schools Act in 2005 . Freedom of learning materials is guaranteed by providing the students with the necessary learning materials for limited use free of charge. A personal contribution (up to a third) is deducted, which determines the extent to which learning materials are to be procured by the parents at their own expense. A small excess of the own contribution is permissible if it is compensated within a school level by falling below the previous or following school year. It remains at liberty to acquire used learning materials.
According to the legal definition contained in Section 30 (1) SchulG, learning materials are school books and other media that are intended to be used by students over a longer period of time. They require approval by the Ministry of Education and must be introduced at the school.
A distinction must be made between learning materials and objects that are used in lessons as practical or exercise materials. The parents are responsible for the costs of these items as part of their general personal equipment. Section 41, Paragraph 1, Clause 2 of the SchulG. Equipment required for lessons (such as school bags, sports shoes, exercise books, pens) is also not recorded. These are part of the personal equipment of the students and must be procured by their parents themselves.
Finland
In the Finnish school system , which is regarded as one of the best in Europe, there is no learning material up to the ninth grade, i.e. until the end of compulsory primary school. Learning materials in higher education institutions (e.g. high school or vocational school) have to be financed by yourself, but it is offered to buy used books. The state-funded learning materials include all textbooks and exercise books as well as exercise books, pens, erasers and everything else that is necessary to be able to learn without restrictions.
Austria
In Austria there has been a school book campaign since 1972 , which provides free learning materials.
United States
At the instigation of Lyndon B. Johnson ( US President from November 1963 to January 1969), the US Congress passed the Elementary and Secondary Education Act in April 1965 . 'Title II' ("School Library Resources, Textbooks, and other Instructional Materials") contains paragraphs on freedom from learning materials.
See also
Web links
Individual evidence
- ^ BSG on the standard requirement for Hartz-IV: School books are paid for by the state. In: Legal Tribune Online. May 8, 2019, accessed May 18, 2019 .
- ^ Ordinance of the Ministry of Culture on the necessary learning materials from 2004
- ^ Judgment of the Administrative Court of Baden-Württemberg, 9th Senate, January 23, 2001, Az. 9 S 331/00
- ↑ Bremen: You are the state! State constitution of the Free Hanseatic City of Bremen . ( worldcat.org [accessed August 18, 2020]).
- ^ State constitution of the Free Hanseatic City of Bremen. Retrieved August 18, 2020 .
- ↑ Article 31 (3) of the state constitution of the Free Hanseatic City of Bremen. Retrieved August 18, 2020 .
- ↑ Ordinance on the average amounts and the personal contribution according to § 96 Paragraph 5 SchulG; RdErl. Of May 24, 2005 (BASS 16-01 No. 5)
- ↑ see also here and in the English Wikipedia