Compulsory schooling (Germany)

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Royal decree introducing compulsory schooling in Prussia, 1717
Participation in school trips is also compulsory for school-age children in Germany.

The compulsory education in Germany is a statutory provision that after a certain age children , adolescents and young adults up to a certain age or until completion of a school career obliged a school to attend.

history

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In the Middle Ages, there were monastery schools that accepted not only novices but also paying pupils, and cathedral schools that were mainly reserved for boys who wanted to pursue a spiritual career. In addition, there were citizens' schools in cities for the sons of the merchants. Most of the rural population did not receive any schooling.

During the Reformation there was a demand to set up general schools for boys and girls. Martin Luther's writing to the councilors of all cities in Germany that they should establish and maintain Christian schools (1524) was fundamental . Naturally, this demand was heard in the Protestant parts of the country, that is, in the mostly Protestant imperial cities and in the Lutheran principalities. Especially in the south-west of the empire, under the leadership of the important evangelical imperial city of Strasbourg in Alsace , which belonged to the empire until the conquest by France (1681) and since the time of the important humanist Johannes Sturm had had a school system that was praised as exemplary throughout Europe, particularly far ahead on this issue. Under the influence of Strasbourg, the Duchy of Pfalz-Zweibrücken became the first territory in the world to introduce compulsory schooling for girls and boys in 1592 . Strasbourg itself followed suit in 1598 with a corresponding law. Statutory provisions on compulsory schooling were then introduced in many Protestant principalities and can be found in almost all Protestant church ordinances of the time. In Württemberg , compulsory schooling was laid down in the great church ordinance of 1559. However, this only affected the male part of the population. Compulsory schooling was not introduced until 1649, while it had existed in Saxony-Gotha as early as 1642 and in Braunschweig-Wolfenbüttel since 1647.

During the Enlightenment , the development was accelerated. The development in Prussia is of historical importance and also of exemplary importance abroad. The Principia regulativa of King Friedrich Wilhelm I of September 28, 1717 were confirmed for all of Prussia by the General School Regulations of Frederick the Great of 1763. However, this school edict was “at best a well-intentioned declaration of intent by the absolutist sovereigns”. The Prussian statistics of 1816 confirm this and state that at that time only 60% of the children were registered in a public school. In the province of Poznan it was only 20%. For all of Prussia, the number of registered students rose by 82% from 1816 to 1846 and then reached 70% in Poznan.

In the parts of Germany that remained Catholic, the implementation of these demands was extremely tough. Although the enlightened educational reformer Heinrich Braun had already made compulsory schooling in the Electorate of Bavaria in 1771, it was not until 1802 that a six-year compulsory education was enforced.

But in Protestant Saxony, too, the eight-year compulsory education ( educational history ) did not begin until 1835 with the elementary school law .

Compulsory schooling initially met with resistance, especially among the rural population. The labor required of the children in small-scale farms was seen as considerably more important than their schooling. So it came about B. in the Eifel , after it became Prussian in 1815, in the two following decades to violent protests of the rural population against the school attendance of the children.

When the above mentioned compulsory schooling law is mentioned, it must always be taken into account that the state was not able to enforce this legally required schooling until the beginning of the 20th century. Compulsory education laws were more like declarations of intent. The state also did not have a comprehensive school system that would have enabled all potential students to attend school properly. There was a lack of school buildings , teachers and, above all, a state culture bureaucracy. Thanks to the monthly newspaper for construction and state beautification in Bavaria , plan drawings for the construction of school buildings were available in the Kingdom of Bavaria as early as 1821. Thanks to the publisher and architect Gustav Vorherr , the communities were able to implement different types of school buildings in a demand-oriented and cost-effective manner.

In other parts of Germany, systematic work was only begun at the beginning of the 20th century to gradually create better conditions. Exceptions were the smaller, progressive duchies of Thuringia, such as Saxony-Gotha , where, under Ernst the Pious and the pedagogue Andreas Reyher , exemplary prerequisites such as school buildings, teachers' seminars, lesson plans, textbook printing and the cultural bureaucracy were created as early as the 17th century. There was a saying that the duke's peasants were more educated than the nobility elsewhere.

Since 1919, the Weimar Constitution stipulated compulsory schooling for all of Germany; from 1938 to 1945 the Reich Compulsory Schooling Act was in effect , which classified people with complex disabilities as being unable to attend. Compulsory schooling did not come into force until 1978, regardless of the type and intensity of the disability.

In the Federal Republic of Germany, compulsory schooling initially only applied to children with German citizenship. It was only introduced for foreign children in the 1960s. For asylum seeker children , for example, it was only introduced in North Rhine-Westphalia in 2005. Previously there was at most one right to attend school.

Current legal situation

In Germany, due to the cultural sovereignty of the federal states, compulsory schooling is regulated in the individual state constitutions. The federal states are authorized to do this by the Basic Law. Thus in Article 7. 1 para. GG : "The entire school system is under the supervision of the state", resulting in a decision by the Federal Constitutional Court , the right of countries shows to be determined by state law, compulsory education. Simple laws, the so-called school laws, regulate the implementation. The police are often used in this process. Children whose parents refuse to have it vaccinated must also go to school.

A distinction is made between compulsory full-time schooling and compulsory vocational school :

Full-time compulsory education

The full-time compulsory education covers nine or ten years of schooling (see list of the individual federal states).

The number of years of school attendance should not be confused with the number of the grade attended : For a student who, for For example, if you had to repeat a grade twice , compulsory full-time schooling ends after nine or ten years of schooling at the end of the 8th or 9th grade. Skipped classes are recognized, however, so that compulsory full-time schooling can end here after class 9 or 10, although the school has only been attended for eight or nine years.

Compulsory vocational school

The so-called compulsory vocational school begins after compulsory full-time schooling has expired.

Compulsory vocational schooling can either be achieved by participating in vocational training , by attending courses at a vocational school , by attending secondary level I or secondary level II of a general school or, in some German federal states such as Baden-Württemberg, by attending the so-called vocational school level (formerly work level ) at a so-called special school (formerly special school). The extent to which this is compatible with the UN Convention on the Rights of Persons with Disabilities is being checked.

As a rule, compulsory vocational schooling ends with the completion of vocational training or at the end of the twelfth year of school attendance. Under certain circumstances, however, this compulsory vocational school can be lifted early by the education authority , for example if the student is prohibited from attending a vocational school.

The details and other alternatives for completing compulsory vocational school differ in the individual federal states.

Entry of compulsory schooling, cut-off date regulations

Compulsory schooling begins on August 1st of the same year for all children who have reached the age of six by a federal state-specific reference date of one year. The reference date is generally June 30th, July 31st in Thuringia, August 31st in Rhineland-Palatinate, and September 30th in North Rhine-Westphalia, Lower Saxony, Berlin, Brandenburg, Baden-Württemberg and Bavaria ( mandatory children ).

All younger children who finish their sixth year of life in the course of a year can be admitted to school at the request of their parents if it is to be expected that they will probably be able to participate successfully in class ( optional children ).

Some federal states allow even younger children to attend school if they are sufficiently well developed. In Bavaria, for example, a school psychology report is required that confirms school fitness. So far, there is just as little legal entitlement to early enrollment as there is no obligation to enroll early.

School-age children in Berlin can be postponed by one year at the request of their parents if the child's level of development suggests better support in a youth welfare facility.

In Berlin, with the primary school reform of 2005, the deadline for school enrollment was set on December 31. Since 2017, however, the deadline in Berlin has been set to September 30 again, following criticism from educators and psychologists, as well as due to a high and steadily growing number of deferment requests.

Duration of compulsory schooling, overview of federal states

country Beginning of
age 		Duration
years
(1) Baden-Württemberg 5-6 9: 4 years attendance at primary school , then 5 years attendance at secondary school (§§ 73 - 76 SchG ); additionally for 3 years of compulsory vocational school or until the end of the school year in which the 18th year of life is reached or one-year attendance of the vocational preparation year (thereafter exemption from compulsory vocational school if not compulsory vocational school due to an apprenticeship ) or attendance at a secondary school (§§ 77 ff SchG ) or attendance at the vocational level at a special or special school
(2) Bavaria 5-6 9 (an additional 3 years of compulsory vocational school or one year of vocational preparation or up to the age of 21)
(3) Berlin 5-6 10 (§ 42 Berlin School Act)
(4) Brandenburg 5-6 10 (§ 39 BbgSchulG, see below for links) Compulsory vocational school until the end of the school year in which the pupil turns 18
(5) Bremen 6-7 12 years (Section 54 of the Bremen Schools Act), including 10 years of compulsory full-time schooling (Section 55 (2) of the Bremen Schools Act)
(6) Hamburg 6-7 9 (compulsory vocational school for two years or until the end of the school year in which the person turns 18)
(7) Hesse 6-7 10 years of compulsory full-time schooling, or 9 years of compulsory schooling + 1 year of compulsory vocational school (Section 49 SchulG GV).
(8th) Mecklenburg-Western Pomerania 6-7 Compulsory vocational school until the end of the school half year in which the student turns 18 (§ 42 SchulG MV)
(9) Lower Saxony 5-6 Basically 12 years (additional compulsory vocational school for the duration of an apprenticeship, reductions are possible, e.g. 9 years and a vocational preparation year or under certain circumstances up to the age of 18 with at least a successful secondary school leaving certificate)
(10) North Rhine-Westphalia 5-6 10 years of compulsory full-time schooling , then compulsory for young people without an apprenticeship to attend a vocational college until the end of the school year in which the student turns 18, i.e. always up to and including the last school day before the summer vacation (Sections 37, 38 SchulG NRW )
(11) Rhineland-Palatinate 5-6 12 (§ 7 SchG) or less (§ 60 Abs. 2 SchG)
(12) Saarland 6-7 9 years (full-time compulsory schooling; Saarland compulsory schooling law § 4 Paragraph 1 ff) and 3 years; at least up to the age of 18 (compulsory vocational school; Saarland compulsory schooling law, Section 8 (1))
(13) Saxony 6-7 9 (compulsory full-time schooling) and 3 (compulsory vocational schooling) ( Section 28 (2) SchulG)
(14) Saxony-Anhalt 6-7 ends after 12 years, 9 years of full-time compulsory education, then at least 1 year of vocational school or similar
(15) Schleswig-Holstein 6-7 9 years of compulsory full-time education, then at least 1 year of vocational school or similar
(16) Thuringia 5-6 9 years of compulsory full-time schooling (extendable by up to 2 years), then compulsory vocational school up to vocational qualification, at the latest until the age of 21

Areas of application

Compulsory schooling essentially covers three areas:

  • The school registration requirement is the obligation for the legal guardians to register their underage children at a school of their choice. School-age children who are of legal age are responsible for registering at a school that is suitable for their school attendance. If it comes to registering at a vocational school , the respective trainer or employer is obliged to register.
  • The choice of school is the duty of those registering to choose a school that is approved for selection: The school-age person must be registered at a German public school or at a private school . It is generally not possible to have a child on z. B. to register a school in a neighboring federal or territorial state, although exceptions are possible; for example, international law remains unaffected, which is particularly relevant with regard to children of diplomats.
  • The obligation to attend means the obligation for school attendees to regularly and actively participate in the lessons taking place as well as in school events (if these - for example financially - are reasonable ). In all-day schools , this also applies to the afternoon classes.

enforcement

The legal guardians of the pupils are obliged to supervise the compulsory education of their underage children. Exemptions from compulsory schooling are only granted in very limited cases . If the legal guardians do not fulfill their duty, then this constitutes an administrative offense which can result in a fine . When imposing regulatory measures, a distinction must be made between violations of compulsory schooling by pupils and those by guardians. The imposition of a fine on students presupposes their criminal responsibility . The aim of such fine proceedings is always to change the behavior of those affected. The teachers in compulsory schools are supported in their educational mandate by issuing fines.

The enforcement of compulsory schooling is differently liberal or restrictive in the individual countries. In the federal states of Hamburg, Hesse and Saarland, imprisonment of up to six months or fines of up to 180 daily rates are possible. As a penultimate consequence, the pupils can also be forcibly brought to school if all other attempts were previously unsuccessful (compulsory schooling). Compulsory schooling was standardized by the Reich Compulsory Education Act of 6 July 1938 and is now regulated in the school laws of the individual federal states. As a last resort after all can parents by a family court that persons custody in whole or in part. Little use has been made of this last option. With a decision of May 31, 2006, the Federal Constitutional Court upheld the compulsory education of all children and judged the criminal sanctions for non-compliance with compulsory schooling by religious parents as constitutional.

Exceptions, deferrals

Asylum seekers, foreigners without residence status

The Basic Law does not contain an expressly standardized right to education .

General compulsory schooling is interpreted differently by the federal states with regard to refugee children. In some states (the school attendance is a distinction between the right to attend school one hand, right ) and the obligation to attend school other part (the school duty ).

  • It is unclear in the case law of some federal states whether compulsory schooling also extends to asylum seeker children. After a visit to Germany in February 2006, the UN special rapporteur on the right to education criticized in his report that several federal states were granting refugee minors insufficient access to schooling.
  • The School Act for the State of North Rhine-Westphalia , which came into force on August 1, 2005, expressly anchors compulsory schooling for underage refugees in Section 34. North Rhine-Westphalia was a pioneer among the federal states in this regard.
  • In several states, children with temporary residence permit or toleration of any school duty , have there but school attendance law . The exception was at times the Saarland , where they had no right to attend school, until compulsory schooling for children of asylum seekers was introduced there in 2006.
  • The City Council of Munich decided in 2004: "The school department is asked to inform all school administrators that children with illegal residence status are generally required to attend school." From this, it was concluded that school principals do not have to investigate the residence status of children or adolescents and their parents. This is the only way to ensure that compulsory schooling, which applies to everyone living in Germany, can be enforced. In contrast to this, the state government's draft for a Bavarian Integration Act of 10 May 2016 provides that schooling should not be compulsory for anyone who is obliged under the Asylum Act to live in a special reception facility (BAE) within the meaning of Section 30a AsylG . In October 2016, media reported that a change is planned that will also make schooling for asylum seekers housed in arrival and return centers; their lessons should take place in special classes.
  • In Rhineland-Palatinate , schooling for tolerated refugee children has been compulsory since mid-2013.
  • In Thuringia , compulsory schooling begins three months after they move, in Baden-Württemberg six months after they move (as of August 2015).
  • In Berlin , children with a residence permit are required to attend school; Children without a residence permit have the right to attend school, but are not subject to compulsory schooling (as of August 2015).

According to estimates, there is a high probability that tens of thousands of children and adolescents were living illegally in Germany in 2008, and very few of them attended school. The Chambers of Commerce and Industry and the German Association of Towns and Municipalities advocated longer compulsory schooling for refugees; the latter advocated compulsory schooling up to the age of 25 for refugees.

A legal opinion by the Max Traeger Foundation of the Education and Science Union came to the conclusion in 2005 that school principals are not obliged to report, regardless of Section 87 of the Residence Act, and that children without status have a right to school because of the principle of equal treatment laid down in the Basic Law .

The UN Convention on the Rights of the Child , which has been unrestrictedly valid in Germany since Germany withdrew its reservations in 2010 , obliges all signatory states and others. a. to make attendance of primary school compulsory and free of charge for all and to grant all children access to “secondary schools of general and vocational type” (Article 28, Paragraph 1). Since the rights of this convention are available to every child who is within the sovereignty of a contracting state (Article 1, 2, paragraph 1 of the UN Convention on the Rights of the Child), they also apply to refugee children and children and young people without residence status. The third additional protocol of the UN Convention on the Rights of the Child has been in effect since April 14, 2014, whereby these rights can be individually enforced for all children at the UN Committee on the Rights of the Child , based in Geneva, provided that domestic legal recourse has been exhausted.

The Charter of Fundamental Rights of the European Union , in Article 14, Paragraphs 1 and 2, gives everyone the right to education and access to vocational training and further education, including the right to attend compulsory education free of charge. The Directive 2013/33 / EU (Reception Directive) provides in Article 14 para. 2 requires that access to the education system no later than three months after an application for international protection from a minor or in his name, is to be granted and that minors If necessary, preparation and language courses are to be offered.

Asylum seekers and refugees, the signatory states to the Geneva Refugee Convention (GRC) must, in accordance with Article 22 GRC, grant the same treatment as their nationals with regard to teaching in primary schools.

"Development deficit"

School-age children who do not yet have the physical, mental and emotional level of development required to attend school ( school-leaving certificate ) can, at the request of their parents, with the participation of a school medical and school psychological service, from the respective school management for a maximum of one year from participating in primary school lessons or postponed to the special school .

Abandon compulsory schooling

In some federal states, it is possible to "leave compulsory schooling" on hold if there is an important reason (and other equivalent funding is possible):

  • In certain cases of hardship, young people from abroad can be exempted from compulsory schooling from the age of 14 in some federal states.
  • For children with disabilities there are various special regulations at the state level. As a rule, however, severely disabled people are not excluded from their right to education through the use of the instrument of “leaving compulsory education” . There is no such option in most school laws (anymore). In Hesse, a dispute between parents and the education authority of the district of Groß-Gerau over the question of whether a disabled boy was allowed to attend elementary school or had to attend a special school resulted in the authorities "suspending" compulsory schooling for this boy for two years.

Temporary exemption

A temporary exemption from compulsory schooling (also: school exemption , leave of absence from school ) may be possible in particularly justified exceptional cases. The conditions are regulated in the school law of the federal states.

In North Rhine-Westphalia, for example, the school law that came into force in 2005 is decisive, in particular Article 40 ( suspension of compulsory schooling ) and Article 43 ( participation in lessons and other school events ), which stipulate that the school management should take a temporary leave of absence from school "for important reasons Reason "can approve. Individual important reasons can already be found in the circular issued by the Ministry of Culture on March 26, 1980, including revisions.

Health reasons

During an epidemic or pandemic , pupils and teachers who are exposed to an increased risk that the infectious disease in question will develop into a severe course, that they could even die from it, are exempted from the obligation to take part in face-to-face classes (in the school building) . Such persons are described by the Robert Koch Institute as "vulnerable". However, the temporary suspension of attendance does not release those affected from the obligation to take part in alternative forms of instruction.

Religious reasons

A general exemption from compulsory schooling for religious reasons is not possible, but an exemption on important religious holidays as well as from individual subjects such as physical education is possible (see below). In Berlin, for example, pupils have no lessons on certain public holidays of their religious community, although these days are not counted as days of absence.

"Not suitable for school"

In some federal states, children and adolescents who are difficult to bring up and who are considered “not suitable for school” are temporarily exempt from compulsory schooling. They pursue other meaningful activities under the supervision of social workers until they are (again) able to take part in lessons in a school.

School trip

The exemption from the obligation to take part in a school trip is possible for special reasons. As far as organizationally possible, schooling takes place in a parallel class during this time, with simultaneous trips for the entire year in a class of the next younger year.

Individual subjects

Exemption from individual subjects is only possible in exceptional cases.

For example, there is an exemption from physical education as long as participation is not possible for health reasons.

An exemption from physical education for religious reasons is only possible for special reasons. According to the case law of the Federal Administrative Court, Islamic schoolgirls are entitled to exemption from physical education or swimming lessons for religious reasons if they can demonstrate in concrete terms that they can get into religious conflicts through binding dictates or prohibitions and there is no reasonable and non-discriminatory alternative for them. According to the Federal Administrative Court in Leipzig, participation in burkini is reasonable ( see also: Participation of Muslim children in school swimming ).

Related areas of law

Compulsory schooling

The fact that the state arranges compulsory education, shows that for this the schooling compulsory . This obliges the state to ensure that all school-age people in Germany can attend a public school. A pandemic does not exempt the state from compulsory schooling. To this end, alternative forms of teaching such as distance teaching or online teaching must be ensured.

Obligation to participate

Performance control

The obligation to participate in lessons also extends to participation in so-called performance assessments such as class work . In the event of a refusal to perform, the school grade is to be awarded insufficient . If the transfer is subsequently endangered due to poor performance , the parents must be informed. If individual refusal to perform also jeopardizes the learning success of other students, the teaching staff can take regulatory measures.

School events

Compulsory schooling also extends to school trips .

mandatory school

The word compulsory school is used in Art. 36 of the Bavarian Law on Education and Instruction (BayEUG) as a terminus technicus for the designation of a standard school career . According to this provision, compulsory school consists of elementary school (i.e. elementary school, secondary school, Art. 7 BayEUG) and vocational school ( Art. 11 BayEUG). Compulsory schooling is not only fulfilled by attending compulsory school , but also, in accordance with Art. 35 BayEUG, by attending other types of school (e.g. grammar schools, secondary schools, business schools and vocational schools).

The Saarland school law also uses the term compulsory school without defining it. The term is not used in the state law of the other federal states.

Official justification

Compulsory schooling in Germany serves to enforce the state's educational mandate. This mandate is also officially aimed at the education of the students as future citizens.

The Federal Constitutional Court ruled that schools are better suited for this, since “contacts with society and the different views represented in it do not only take place occasionally, but are part of an everyday experience associated with regular school attendance”. In addition, the general public has “a legitimate interest in counteracting the emergence of religiously or ideologically motivated 'parallel societies' and integrating minorities. Integration not only presupposes that the majority of the population does not exclude religious or ideological minorities; it also demands that they do not delimit themselves and not shut themselves off from a dialogue with those who think and believe differently [...]. To practice and practice this in the sense of lived tolerance is an important task of the public school. ”This justification does not exclude the private school as an alternative form of education, but un- and deschooling as well as home schooling .

Positions on compulsory schooling

advocacy

The then CSU chairman Erwin Huber justified compulsory schooling in September 2008 with the words:

“Compulsory schooling is an indispensable condition for guaranteeing the free democratic basic order and at the same time an indispensable requirement for securing the economic and social welfare of society. The sense and purpose of compulsory schooling is not only to convey the content of the curriculum , but also, in particular, to train the children's social skills . Social skills are particularly promoted through learning in the class community and through joint school events. In addition to promoting social skills, the school also has the function of paying attention to the child's well-being during class . If one were to allow exceptions to compulsory schooling, this task would have to be taken over by the youth welfare offices . The Bavarian Constitutional wants to compulsory education, all children and young alike and fully into society integrate . This is one of the great emancipatory and democratic developments of the 19th century. "

criticism

In this section only the criticism of the German statutory regulation of compulsory schooling is presented. For general criticism of the entire concept of compulsory schooling, see compulsory schooling # criticism .

Compulsory schooling in Germany is sometimes criticized.

The UN special rapporteur on the right to education Vernor Muñoz expressed his concern in his report published in Berlin on February 21, 2006 that the restrictive German compulsory education criminalizes the use of the right to education through alternative forms of learning such as home schooling. University President Dieter Lenzen criticizes that Germany, unlike seven other European countries and the USA, adheres to a rigid school attendance requirement instead of leaving it to the parents to decide how and through whom the children learn the subject matter. This also violates Article 26 (3) of the Universal Declaration of Human Rights , which stipulates: "Parents have a primary right to choose the type of education that their children are to be given" and against freedom of assembly .

In particular, the way people deal with school-age mentally or physically handicapped people and efforts to include people are criticized in Germany, since the said group is also fundamentally obliged to attend school in Germany.

School refusal from Germany, who wanted to teach their children themselves, argued before an immigration court in the USA that the common practice in Germany of refusing parents permission to study at home as a substitute for schooling was political persecution . While in 2010 the immigration court followed the arguments of the truants, in May 2013 the Board of Immigration Appeals rejected the family's application on the grounds that US immigration laws did not guarantee automatic right to stay for all those people who experience restrictions in another state. that would not exist under the American constitution.

See also

literature

  • Hermann Avenarius, Hans Heckel, Hans-Christoph Loebel: School law. A handbook for practice, jurisprudence and science. 7th edition. Luchterhand, Neuwied 2006, ISBN 3-472-02175-6 .
  • Bertrand Stern : No more school! - the human right to freely educate. Tologo Verlag, Leipzig 2006, ISBN 3-9810444-5-2 .
  • Bertrand Stern: School? No thanks! For a right to free education! In: Kristian Kunert (ed.): School in the cross fire. Mission - tasks - problems. Lecture series on basic questions of school education at the University of Tübingen. Schneider Verlag Hohengehren , Baltmannsweiler 1993, ISBN 3-87116-918-8 .
  • Bertrand Stern: On breaking out of the schooling ideology: Good reasons, also legally, to give our prospective trust to those who refused to attend school. In: Matthias Kern (Ed.): Self-determined and self-organized education versus compulsory schooling. tologo, Leipzig 2016, ISBN 978-3-937797-59-5 .

Individual evidence

  1. ↑ a b c d Compulsory schooling | Minilex. Retrieved April 6, 2020 .
  2. ↑ Cf. Emil Sehling (initial): The Protestant church regulations of the 16th century. Volume 18: Rhineland-Palatinate I. Mohr-Siebeck, Tübingen 2006, p. 406.
  3. ↑ Seminar paper on the baroque reading culture  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.@1@ 2Template: Dead Link / www.lehigh.edu  
  4. ↑ Hans-Georg Herrlitz, Wulf Hopf, Hartmut Titze, Ernst Cloer: The German school history from 1800 to the present . 5th updated edition. Juventa, Weinheim and Munich 2009, ISBN 978-3-7799-1724-3 , pp. 50-51 .
  5. ↑ Dieter Albrecht: Regensburg im Wandel, studies on the history of the city in the 19th and 20th centuries . In: Museums and Archives of the City of Regensburg (Hrsg.): Studies and sources on the history of Regensburg . tape 2 . Mittelbayerische Verlags-Gesellschaft mbH, Regensburg 1984, ISBN 3-921114-11-X , p. 191 .
  6. ↑ Article 145 ff of the Weimar Constitution
  7. ↑ Andrea plate: The right to education and the special right to education. In: inklusion-online.net. Inclusion Journal, October 26, 2009, accessed April 27, 2020 .
  8. ^ Enforcement of school attendance by the Bavarian police: freedom or compulsory schooling. In: ef-online . May 30, 2018, accessed February 24, 2019 .
  9. ↑ Enrico Seppelt: Because of truancy: 15-year-old girl falls to her death in Halle-Neustadt. In: You are Halle. November 8, 2018, accessed February 24, 2019 .
  10. ↑ Legal problems at school and in class | Smartlaw legal tips. June 9, 2016, accessed March 25, 2020 .
  11. ↑ Compulsory schooling takes precedence over protection against infection. In: Donaukurier. March 5, 2020, accessed April 6, 2020 .
  12. ↑ SchulG Berlin - § 42 Beginning and duration of general compulsory schooling - Schulgesetz Berlin | School law and school ordinances. Retrieved December 10, 2017 .
  13. ↑ since the school year 2010, § 42 School Act for Berlin
  14. ↑ Around 2000 children are not yet supposed to go to school. Retrieved December 10, 2017 .
  15. ^ School Act for Baden-Württemberg
  16. ↑ BayEUG , Art. 35
  17. ↑ BayEUG , Art. 39
  18. ↑ a b Berlin legislation
  19. ↑ Brandenburg School Act
  20. ↑ Bremen ( Memento from May 4, 2008 in the Internet Archive )
  21. ^ School law Hessen
  22. ^ Lower Saxony school law - school enrollment
  23. ↑ Christian Juelich , Wolfgang Rombey: Compulsory education in North Rhine-Westphalia . Deutscher Gemeindeverlag, Cologne 1980, ISBN 3-555-30166-7 .
  24. ↑ PDF at grundschule.bildung-rp.de
  25. ↑ Saxony-Anhalt School Act ( Memento of August 13, 2009 in the Internet Archive )
  26. ↑ Thuringia School Act
  27. ↑ BVerfG, 2 BvR 1693/04 of May 31, 2006
  28. ^ Report of the Special Rapporteur on the Right to Education, Vernor Muñoz (visit to Germany, February 13-21, 2006) , see Section 68
  29. ↑ a b Carolin Butterwegge: Poverty of children with a migration background: extent, manifestations and causes , Springer, April 2010, ISBN 978-3-531-17176-0 , pp. 288 ff.
  30. ↑ Hans J. Münk: When is education fair ?: ethical and theological contributions in an interdisciplinary context , W. Bertelsmann Verlag, 2008, ISBN 978-3-7639-3654-0 , p. 222 ff.
  31. ↑ Refugees and asylum seekers in Saarland: Answers to the most common questions. (PDF) Ministry of Social Affairs, Health, Women and Family (MSGFF), Saarland, 2015, accessed on May 13, 2017 .
  32. ↑ a b Ann-Kathrin Eckardt: Germany's forgotten children . In: Süddeutsche Zeitung. October 21, 2008 (online at: sueddeutsche.de )
  33. ↑ Draft law of the state government for a Bavarian integration law , printed matter 17/11362, Bavarian State Parliament, May 10, 2016
  34. ↑ Asylum: CSU now wants compulsory schooling for all refugees. Süddeutsche Zeitung, October 16, 2016, accessed on October 27, 2016 .
  35. ^ Ludger Fittkau : Compulsory schooling for tolerated refugee children: New legal regulation in Rhineland-Palatinate. Deutschlandfunk, June 11, 2013, accessed April 18, 2014 .
  36. ↑ Questions and Answers: Flight, Migration, Integration - Do underage asylum seekers and refugees have to attend school? Federal Government, accessed on August 1, 2019 .
  37. ↑ a b Heike Klovert: When refugee children have to go to school. In: Spiegel online. August 29, 2015, accessed September 13, 2017 .
  38. ↑ Fatina Keilani, Sylvia Vogt: Refugees in Berlin. For the children it means: school at last. Der Tagesspiegel, August 22, 2013, accessed on April 18, 2014 .
  39. ^ Christian Erhardt-Maciejewski: Compulsory schooling up to 25 for refugees? In: Kommunal.de. April 25, 2017. Retrieved September 13, 2017 .
  40. ^ Max Traeger Foundation: Illegality under the law of residence and minimum social standards - The right of the stateless child to education - . 2005. (online at: gew.de ) ( Memento from February 23, 2014 in the Internet Archive )
  41. ↑ Convention on the Rights of the Child - UN Convention on the Rights of the Child in full with materials, official translation with additional protocols; Editor Federal Minister for Family, Seniors, Women and Youth ; Retrieved April 19, 2016
  42. ↑ Geneva Refugee Convention, Article 22 Public Education, Section 1: “The contracting states will grant refugees the same treatment as their nationals with regard to teaching in elementary schools.”
  43. ^ Matthias Bartsch: End of sorting out . In: Der Spiegel . Issue 50/2009. December 7, 2009, p. 46.
  44. ↑ Michaela Schmehl: Challenge of previous illnesses - which children have a higher corona risk . zdf.de. April 27, 2020, accessed May 14, 2020
  45. ↑ Section I.2, Paragraph 1 AV Obligation to attend school (PDF; 76 KB) from November 19, 2014 (OJ pp. 2235, 2236)
  46. ↑ Federal Administrative Court: BVerwGE 94, 82 ff.
  47. ↑ Az .: 6 C 25.12, judgment of September 11, 2013
  48. ↑ BVerfG, 2 BvR 1693/04 of May 31, 2006, para. 16 aa.
  49. ↑ BVerfG, 2 BvR 1693/04 of May 31, 2006, paragraph 19.
  50. ^ Federal Agency for Civic Education: A Brief History of Compulsory Education | bpb. Retrieved February 22, 2017 .
  51. ↑ kandidatenwatch.de  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.@1@ 2Template: Toter Link / www.kandidatenwatch.de  
  52. ↑ a b Homeschooling & Co. as an alternative? Retrieved on March 18, 2020 (German).
  53. ^ Report of the Special Rapporteur on the right to education, Vernor Muñoz ( Memento June 10, 2007 in the Internet Archive ), accessed on September 23, 2015.
  54. ↑ Home schooling must be allowed . In: Der Tagesspiegel from May 25, 2009.
  55. ^ Position of the Party of Reason on the subject of education and science. In: parteidervernunft.de. Retrieved on April 5, 2020 (German).
  56. ↑ #FridaysforFuture - An argument against compulsory schooling. Retrieved April 25, 2020 (German).
  57. ↑ Lukas Dubro: Germans receive US asylum . In: taz , January 27, 2010.
  58. ↑ Homeschooling: US court prohibits asylum for German school refusers . In: Spiegel Online from May 15, 2013.
  59. ↑ USA: No asylum for German school refusal , kath.net , May 18, 2013.