School law for Baden-Württemberg

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The Schools Act for Baden-Württemberg ( SchG ) regulates the legal basis of the school system in Baden-Württemberg .

Basic data
Title: School law for Baden-Württemberg
Short title: School Act BW
Abbreviation: SchG
Type: State Law
Scope: Baden-Württemberg
Legal matter: School law
References : State law BW SchG
Issued on: August 1, 1983
Entry into force on: Come into effect
Last change by: March 19, 2020
Effective date of the
last change:
January 1, 2020
Please note the note on the applicable legal version.

Structure of the law

The School Act for Baden-Württemberg is divided into the following sections:

  1. The school system § 1 to § 22
  2. The school § 23 to § 26
  3. Establishment and maintenance of schools § 27 to § 31
  4. School supervision § 32 to § 37
  5. Teachers, school management; Teacher conferences, school conference; Local school administration § 38 to § 54
  6. Participation of parents and those who are jointly responsible for the vocational education of the pupils in shaping the life and work of the school; Student co-responsibility; State School Advisory Board § 55 to § 71
  7. Students § 72 to § 92
  8. Free school fees and learning materials, educational allowances § 93 to § 95
  9. Religious instruction § 96 to § 100
  10. Ethics instruction , gender education § 100 a, § 100 b
  11. State special needs education and advice centers with boarding school and special needs education and advice centers with boarding school in independent sponsorship § 101 to § 106
  12. Final provisions § 107 to § 118

Essential contents of the law

Educational and educational mission of the school

Values ​​for education

In § 1 of the School Act it is specified that education should be based on Christian-Western values . Furthermore, they should be educated to recognize the free democratic basic order .

“(2) The school has to implement the educational mandate anchored in the state constitution. In addition to imparting knowledge, abilities and skills, the school is particularly committed to the pupils

in responsibility before God, in the spirit of Christian neighborly love, for humanity and love of peace, in love for the people and homeland, to respect the dignity and conviction of others, to be willing to perform and to be responsible as well as to be socially sound and to develop their personality and talents to promote,
to recognize the values ​​and order notions of the free-democratic basic order, which does not exclude a discussion with them in detail, whereby the free-democratic basic order, as anchored in the Basic Law and the state constitution, must not be questioned,
to prepare for the exercise of their constitutional civic rights and duties and to impart the necessary judgment and decision-making skills,
to prepare for the diversity of life's tasks and for the demands of the professional and working world with its different tasks and developments. "

Right to an education appropriate to the talent

The educational opportunities of a young person should be independent of the economic opportunities of their parents. This requirement is fulfilled, for example, by the freedom to learn aids (§ 94) and the exemption from school fees (§ 93).

“(1) The school's mission is determined by the order set by the Basic Law of the Federal Republic of Germany and the constitution of the state of Baden-Württemberg, in particular from the fact that every young person has the right to a talent corresponding to his or her economic situation regardless of origin or economic situation Upbringing and training and that he must be prepared to assume responsibility, rights and duties in the state and society as well as in the community around him. "

The decision as to which type of school a pupil can attend after primary school was made by the school until 2012 as part of the primary school recommendation. Since 2012, the decision about the future school career of the child has been the responsibility of the parents. Only a non-binding primary school recommendation will be made, a consultation process is possible at the request of the parents

“(1) The legal guardians decide on all further educational paths after primary school. Adult students decide for themselves. "

Cooperation between school and home

Parents and school should work together to fulfill their common upbringing and educational mission. This is done, for example, through class attendance , parent representatives and the school conference . The details are regulated in § 55 - § 61.

“Parents have the right and the duty to take part in the school education. The shared responsibility of the parents and the school for the upbringing and education of young people requires the trusting cooperation of both educational institutions. School and parental home support each other in the upbringing and education of young people and maintain their educational community. "

Subjects and objects

  • Religious and ethics classes: The subject ethics is compulsory for students who do not attend religious classes (§100 a).
  • Family and gender upbringing : Family and gender upbringing is part of the upbringing and educational mandate of the school and is carried out across disciplines (§ 100b).

Administrative file

According to Section 23, Paragraph 3, a school may issue administrative acts in the field of internal school matters and is therefore a special authority . Administrative acts severely interfere with a student's fundamental rights , such as B. Educational and regulatory measures , decision on non-promotion , dismissal of a student or grades in the school leaving certificate . Parents or students can file an objection against an administrative act , which leads to objection proceedings  .

Web links

Individual evidence

  1. a b School Act for Baden-Württemberg (SchG) in the version of August 1, 1983 | valid from: 04/09/2004. April 1, 2004, accessed April 12, 2019 .
  2. ^ Bernhard Gayer and Stefan Reip: School and civil service law for teacher training and school practice in Baden-Württemberg . Europa-Lehrmittel Nourney, Vollmer, Haan-Gruiten 2012, ISBN 978-3-8085-7954-1 , p. 15 .
  3. ^ A b Bernhard Gayer and Stefan Reip: School and civil service law for teacher training and school practice in Baden-Württemberg . Europa-Lehrmittel Nourney, Vollmer, Haan-Gruiten 2012, ISBN 978-3-8085-7954-1 , p. 16 .
  4. ^ Südwest Presse: Change of school: Landtag abolishes recommendation . ( Memento from February 16, 2012 in the Internet Archive )
  5. § 100a SchG
  6. § 100b SchG
  7. ^ Bernhard Gayer and Stefan Reip: School and civil service law for teacher training and school practice in Baden-Württemberg . Europa-Lehrmittel Nourney, Vollmer, Haan-Gruiten 2012, ISBN 978-3-8085-7954-1 , p. 24 .