School authorities (in Austria : Schulerhalter ) are legally responsible institutions that provide and maintain the material conditions for a school facility, i.e. the spatial and technical requirements as well as all material conditions to ensure teaching and education, including extracurricular cooperation. Often this also includes ownership of the school building and property; however, the school building can also be rented or leased. The tasks of the school authority also include the expenses for school transport , if this is not fulfilled by a superordinate municipal body ( district ), and the determination of the school districts ( municipal statutes ). As a rule, the school authority is not responsible for the expenses of the educational staff, including the school administrators, but is the employer for secretarial staff, school caretakers and sometimes for school social workers. The school authority always fulfills the statutory tasks of "external school affairs". In the Free State of Bavaria , on the other hand, according to Article 15 of the Bavarian School Financing Act, the territorially responsible municipal body is also the employer and expense provider for the educational staff at the schools.
A distinction is made between public school bodies (mainly municipal corporations) and independent school bodies (non-profit and commercial legal entities, see private school ). The number of public school bodies predominates.
Public school bodies
In Germany, public school bodies are usually the cities and municipalities as well as the rural districts or districts and the independent cities or urban districts , sometimes also the states . Special purpose associations (e.g. several municipalities), so-called school associations , also fall under the public school authorities. Cities and municipalities are mostly responsible for primary schools , secondary schools , secondary schools and grammar schools . Districts and urban districts are mostly responsible for the vocational schools and special needs schools . The Länder are mostly responsible for home special schools (e.g. for the blind and the hearing impaired), advanced high schools with boarding schools and colleges . In exceptional cases, the districts are also responsible for high schools, especially for locations in rural areas. The public sector is the cost bearer .
Free school bodies
Independent sponsors of a school can be natural and legal persons such as registered associations , limited liability companies , registered cooperatives or other corporations under public law than the above regional authorities (Protestant regional churches , Roman Catholic dioceses or associated institutions as well as chambers of industry and commerce or Chambers of Crafts ).
Independent providers can also operate all types of schools as in the public sector. However, independent providers are known primarily through the Waldorf schools , the Montessori schools and other alternative schools . Less common are special schools and usually Stiftungs close special schools (special schools).
In addition, private schools in free sponsorship increasingly by private education corporations (eg. As Phorms schools ) or by large companies such. B. Free Anne-Sophie School of the Würth Group founded in Künzelsau or the New School Wolfsburg of Volkswagen AG in Wolfsburg .
The establishment of a private school or the approval of a private institution to establish a school is the responsibility of the federal states in accordance with the applicable school laws. These are individual laws or components of the entire school legislation:
- Baden-Württemberg - Law for independent schools, School law for Baden-Württemberg
- Bavaria - Bavarian law on education and instruction
- Berlin - School Act for the State of Berlin
- Brandenburg - Law on Schools in the State of Brandenburg
- Bremen - Private School Act
- Hamburg - Hamburg Law on Independent Schools
- Hessen - Hessian School Act
- Mecklenburg-Western Pomerania - Regulation for independent schools
- Lower Saxony - Lower Saxony School Act
- North Rhine-Westphalia - School Act for the State of North Rhine-Westphalia
- Rhineland-Palatinate - State law on the establishment and financing of independent schools
- Saarland - Private School Act / First and Second Ordinance to Implement the Private School Act
- Saxony - , ,
- Saxony-Anhalt - School Act
- Schleswig-Holstein - School Act
- Thuringia - Thuringian Law on Independent Schools, Thuringian Ordinance on State Financial Aid for Independent Schools
Tasks of the public school authority
- Construction, expansion and maintenance of the school buildings
- Establishment of schools
- Provision of financial resources for the technical / domestic staff (in Bavaria also for the educational staff)
- Provision of the financial means for the spatial and material equipment of the school (e.g. equipment, teaching materials , IT technology)
- Definition of the school district, insofar as this is provided for by the school laws of the federal states (usually by statutes for primary schools, secondary schools, vocational schools and special schools)
- Hiring and dismissing non-teaching (or technical) staff (in the case of independent school bodies and in Bavaria also teaching staff)
- Decision on the use of classrooms and areas for purposes other than school.
- Entry on Schulerhalter in the Austria Forum (in the AEIOU Austria Lexicon )
- Klaus Hanßen: Legal regulations on the fields of activity of school principals with expanded personal responsibility of schools . German Institute for International Educational Research, Berlin 2013, online at www.dipf.de, here PDF document, pp. 45–46.
- Sönke Nippel: School sponsorship - internal and external school matters . at www.anwalt-und-kommunalrecht.de
- Bavarian State Chancellery: Art. 15 responsible for personnel expenses and school expenses on gesetze-bayern.de
- Article in Handelsblatt on December 29, 2009 Companies found schools on handelsblatt.com
- List of the Conference of Ministers of Education, status: November 2012 at kmk.org