School law

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School law is the totality of all legal norms that affect the school . School law regulates, in particular, the rights and obligations of pupils , teachers , parents , school supervisors and school authorities related to school operations . It is part of public law , more precisely of special administrative law .

School law in different countries and states

School law in Germany

The trend towards the legalization of all areas of life reached schools relatively late. Until well into the post-war history of the Federal Republic of Germany, school law consisted primarily of a historically grown collection of ministerial decrees that replaced, supplemented or specified older customary law and the more or less precise implementation of which had itself assumed the character of customary law. Only in the last third of the 20th century was a systematic building made up of laws and ordinances erected; Detailed regulations are still in the form of decrees and guidelines .

Due to the general and legislative presumption of competence for the federal states ( Art. 30 , Art. 70, Paragraph 1 of the Basic Law ) and the silence of the Basic Law on the primary and secondary education sector, school law in Germany is a state matter (cf. cultural sovereignty ). Nevertheless, the school organization in the federal states only differs appreciably in a few, mostly politically highly controversial details ( comprehensive school , duration of schooling , central high school diploma , special school / integration ), and even with such topics, convergent trends can sometimes be recorded after decades of coexistence of different solutions . In addition to common traditions, the agreements and formal agreements of the Conference of Ministers of Education established by the state treaty between the federal states and the mutual recognition of school-leaving qualifications and teaching qualifications contribute to the uniformity of German school law . Comparisons of school performance and the call for qualifications that are comparable across Europe will further reinforce these tendencies.

In North Rhine-Westphalia , a uniform school law for the state of North Rhine-Westphalia came into force on August 1, 2005 and replaced seven school laws and the General School Regulations (ASchO) that had previously been valid . After the change of government in North Rhine-Westphalia (2005), this law was fundamentally changed in the version of June 27, 2006 (GV. NRW. P. 278) in the sense of the development towards an independent school. After the school consensus of July 19, 2011, the school law was amended by the new coalition and the school structure expanded ( secondary school ).

Due to the cultural sovereignty of the federal states , the school law of the respective state has priority. The documentation and educational information service set up by the KMK provides an overview of the school laws of the federal states of Germany , which is a service facility for the education and science ministries of the federal states, for federal authorities and government agencies in Germany and abroad, for international organizations as well as for other institutions and persons from the fields of education and science.

School rights and school laws of the federal states

School law in Austria

In Austria school law was reformed in 1962 and the freedom of pedagogy poured into a legal framework. In addition to a mere control by the school supervisory bodies, a formal procedure was provided which provides for an appeal to the school authorities ( district school councils , state school councils , city ​​school council for Vienna ) in certain matters . For example, an appeal can be made against a decision of the class conference about not advancing to the next school level, but only a supervisory complaint against individual school grades .

The school system in Austria is a federal matter, but the states are responsible for the implementation and the role of school maintenance in the area of ​​public compulsory schools ( elementary school , secondary school , polytechnical school , special school , vocational school ). However, the role of the school maintainer can also be transferred to the municipalities by state laws . General education colleges as well as vocational middle and higher schools are received from the federal government. The agricultural and forestry schools (in particular the technical schools at the state level) are completely separated from the rest of the school system.

In addition to the constitutional regulations in Art. 14 and 14a B-VG , regulations on school organization can be found in the School Organization Act .

In matters of exemption from school fees and the relationship between schools and churches ( religious societies ), including religious instruction in schools, federal laws can only be passed by the National Council in the presence of at least half of the members and with a majority of two thirds of the votes cast. The same applies to a departure from the differentiated school system in the existing form.

School law in the narrower sense is regulated in the School Education Act 1986 , the School Hours Act 1985, the Compulsory Education Act 1985 and the related ordinances, e.g. the Performance Assessment Ordinance.

School law in Switzerland

The educational background

Before the state took over responsibility for education about 200 years ago, the Swiss education system was under the influence of the church. The means for running the school were raised by the church, the state and private individuals. In 1798 the education system became a state affair, compulsory education was introduced and a new state-oriented school organization was created.

In Switzerland, competencies in the education sector are divided between the federal government, the cantons and the communes, with the main responsibility being with the cantons. There is no Ministry of Education at the national level. The education system has a federal structure. Regulations and tasks are divided according to the principle of subsidiarity. The higher level only takes over if the lower level is unable to do so, and is based on semi-direct democracy, as is customary elsewhere in Switzerland.

Level designations

Most children go to kindergarten when they are five or six years old and thus begin their school career. Depending on the training path, the young people are finished at 16-20 years of age. Nine school years are compulsory. The Swiss education system comprises the following educational levels and areas, which will be discussed in more detail later: • Pre-school level • Primary level • Secondary level I • Upper secondary level • Tertiary level • Quaternary level (further education) • Special education

Preschool level

A child must have attended kindergarten one year, i.e. at the age of 6, before starting school. But there is also the option of turning it into two years. The financing lies mainly with the municipality. In Switzerland, a distinction is made between pre-school education such as kindergartens and childcare outside the family (crèches, child minders, play groups).

Since the 1990s, numerous studies have dealt with the question of redesigning the school enrollment phase. These are geared towards a flexible transition age into primary school, early support for cultural techniques, heterogeneous classes and didactic innovations, and pilot projects are currently being carried out in several cantons.

Primary level

School is compulsory and free for all children and can be attended at the earliest when they are six years old. The main goal of primary school is to achieve a balance between social, personal and professional skills. In contrast to lower secondary level, primary school pupils are not divided into school types with different levels of ability, but are taught by a teacher in heterogeneous classes of 20-25 children. Depending on the canton, you go to primary school for 4–6 years, with most of it lasting 6 years. The cantons are responsible for the organization and financing in cooperation with the communes.

Secondary level I.

In the second part of the compulsory schooling, the secondary level, a basic general education is imparted. It prepares students for vocational training or for transfer to secondary schools at secondary level 2. Lessons are compulsory and free of charge for young people between the ages of 12 and 16. Here too, competence lies with the municipalities and the canton, with the canton prescribing the curricula and learning objectives.

In contrast to the primary level, however, there are different levels of performance in lower secondary level; depending on the canton, there are two or three different levels. The school type with basic requirements promotes practical skills and general education and prepares young people for an apprenticeship. In German-speaking Switzerland it is usually called “Realschule” or “Oberschule”.

School types with extended requirements are called “secondary school” and “district school”, depending on the canton, promote general education and prepare for high school graduation, specialist secondary school and other full-time schools or for demanding vocational apprenticeships.

A minority of cantons do not run various types of schools in lower secondary level. However, the school structures are not always uniform within the cantons either, because attempts are currently being made in various cantons to develop different models that are intended to facilitate the permeability between the school types and thus make it easier for students to switch between the respective school types.

Secondary level II

After the compulsory ninth school year, young people enter the upper secondary level, which is divided into general and vocational training. The Matura and technical secondary schools provide general education and prepare for further education at the tertiary level - either at a university or a higher technical school . Vocational training can be completed in training companies with lessons in the vocational schools or in a full-time school program such as training workshops or full-time vocational schools. Depending on the training, these last two to four years and end with a final certificate.

Curative and special education

Children with special educational needs can attend special forms of training. However, general compulsory schooling from the age of nine also applies to children with visual, hearing, physical, learning, mental or linguistic disabilities, as well as behavioral problems. The curative education sector is financed by associations and foundations as well as by municipalities and cantons.

The type and manner of training varies from canton to canton. It includes special schools that are subsidized by the disability insurance, special classes, which are mostly integrated in the regular school, and an outpatient support, counseling and therapy offer.

Higher vocational education and universities

In the tertiary sector, both the cantons and the federal government are responsible. This area is about the mediation and acquisition of qualifications that are necessary for a demanding and responsible job. The prerequisite for attending this training is a federal certificate of proficiency or the completion of a higher general education. There are over 350 recognized professional or higher technical examinations , which are completed either with a diploma or a specialist certificate. The higher technical schools are part of higher vocational training. There are various universities of applied sciences that offer comprehensive, practical study courses. The cantonal universities tend to offer theoretical courses.

Systematics

Here is an attempt to systematize the various sub-areas of school law independently of national or sub-national individual regulations:

literature

  • Thomas Böhm: Basic Course School Law I , Wolters Kluwer Germany, 2008 ( ISBN 978-3-472-07457-1 )
  • Jürgen Staupe: Legal advisor for school law from A - Z , CH Beck: Munich
  • Jürgen Staupe: School law from A - Z. Grades and certificates. Student and Parental Rights. Liability and legal protection , 'dtv-Taschenbücher Beck Rechtsberater', 6th, revised edition, Munich 2007
  • Günther Hoegg: SchulRecht! From practice - for practice , 'Beltz Pedagogy', 3rd, expanded and revised edition, 2008
  • Christian Jülich / Werner van den Hövel: School Law Handbook NRW , WoltersKluwer (loose-leaf edition) and regulations on school law NRW , WoltersKluwer, Cologne 2009 ( ISBN 978-3-472-07572-1 )
  • Felix Jonak / Leo Kövesi (ed.): The Austrian school law. The standard work for all teachers, schools and institutions in the field of education, Österreichischer Bundesverlag, 12th, newly revised edition, Vienna 2009 ( ISBN 978-3-209-06941-2 )

Web links

Footnotes

  1. ↑ Connections and more detailed information on school law are contained in the NRW School Law Handbook .
  2. ↑ 6. School Law Amendment Act of October 25, 2011; Jülich , The new School Act NRW, 4th edition Cologne 2012.
  3. ↑ Overview of the school laws of the federal states in the Federal Republic of Germany on the website of the Conference of Ministers of Education. Accessed on November 26, 2015
  4. ↑ see also: Foreign Schools Act
  5. ↑ Documentation / resolutions. Secretariat of the Standing Conference of Education Ministers of the Federal Republic of Germany, March 2010, accessed on May 10, 2010 (overview of the general service for educational information and documentation in the KMK secretariat).