School fees

This article explains the state reimbursement of school fees for socially disadvantaged students in private schools; for general compensation, see Financial compensation for substitute schools .

School fee replacement or school fee reimbursement (in some cases also: replacement school fee or school replacement fee ) refers to a state benefit granted in individual federal states to independent schools functioning as replacement schools for pupils. In Bavaria z. B. the payment of the school fee does not depend on the social situation of the families.

purpose

In view of the state's obligation to support school fees, the school fee substitute closes part of the gap between the other income ( state flat rate plus school fee ) and the actual costs and, in view of the special prohibition, enables independent schools to survive economically even if they have one among their students have a high proportion of children from low-income families who cannot afford school fees.

Situation in the federal states

In no other federal state apart from the two explained below, there was or is no school fee replacement. However, in 2010 the Administrative Court of Baden-Württemberg decided on a model action in the second instance:

According to the experts' statements, a [tuition] rate of EUR 70 per month could at most be set as socially acceptable for the year 2003, because a higher tuition fee "promotes a differentiation according to the ownership structure" and thus violates Art 7 para. 4 sentence 3 GG violates. On the basis of these [...] rates, the funding granted by the state proves to be inadequate. [...] This gap can - and must - be partially closed by granting compensation to the private substitute schools, which have granted their pupils a (partial) exemption from compulsory school fees. The state constitution deliberately opted for exemption from school fees . To the extent that this is also granted by private schools, Article 14, Paragraph 2, Clause 3 of the State Constitution immediately follows a “right to compensation for the resulting financial burden”. Crediting of the state subsidies is legally possible; However, this does not apply if the funding amounts - as here - prove to be in deficit anyway.

(The judgment was completely overturned by the Federal Administrative Court and referred back for a new decision.)

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In Berlin , a popular initiative is about to enforce a general exemption from school fees as an issue for the House of Representatives, see → Exemption from school fees .

Bavaria

In Bavaria , the benefit is based on Article 47 of the Bavarian School Financing Act . The upper limit of the reimbursement amount has been increased from the original € 66 to € 75 and then to € 80. The attempt to classify the € 66 maximum as unconstitutional had failed two years earlier.

Saxony

School fees are not replaced in Saxony . (Only further payment until the end of the training in the current school type, but no longer for new students). Since the funding of substitute schools by the state of Saxony compared to the state schools has been very tight since the last cut in 2006 and the new regulation was linked to further requirements (minimum number of students and extended waiting period), initiatives by parents and the school authorities concerned mobilized resistance. The parliamentary groups of the Greens , the SPD and the Left have brought a judicial review complaint, as a result of which the Saxon Constitutional Court declared the rules on replacement school funding to be unconstitutional. By December 31, 2015, the state parliament must adopt a new regulation. A full compensation of school fees will be part of the new regulation. The Constitutional Court thus corrected its own judgment from 1996 and ruled that according to Art. 102, Paragraph 4, Clause 2 of the SächsVerf, every school authority must be given the opportunity to offer lessons free of charge.

Individual evidence

1. ↑ Private schools are opposed to the draft by Sturm ( memento of the original from January 15, 2017 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. , February 9, 2006 
2. ^ Administrative Court of Baden-Württemberg: State funding of the free Waldorf schools - model lawsuit in second instance partially successful , July 14, 2010
3. ↑ http://www.bverwg.de/entscheidungen/entscheidungen.php?ent=141211U6C18.10.0 Judgment of December 14, 2011 6 C 18.10
4. ↑ Bavarian State Ministry for Education and Culture [1]
5. ↑ Decision Az Vf. 14-VII-06 ( Memento of the original from October 16, 2008 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. of the Bavarian Constitutional Court on a popular lawsuit to determine the unconstitutionality of Art. 47 Para. 3 of the Bavarian School Financing Act (BaySchFG) ..., last amended by law of July 26, 2006 (GVBl p. 400), insofar as the reimbursement of school fees is limited to a maximum 66 € per teaching month is limited 
6. ↑ Steffen Flath MdL: Coalition creates school peace , November 2010
7. ↑ Huckepack eV: For fair financing of independent schools in Saxony ( Memento of the original from April 15, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (As of October 2006) 
8. ↑ http://www.justiz.sachsen.de/esaver/internet/2012_025_II/2012_025_II.pdf