Day school

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In Lower Saxony, a day-care center is a support facility for mentally handicapped children and young people. From the 1950s to the 1970s, day-care centers as care facilities for minors of school age also existed in other countries of the Federal Republic of Germany. The purpose of the first day-care centers was to demonstrate the "educational ability" of young people with an intellectual disability at a time when this was widely questioned. Outside of Lower Saxony, the day-care centers were completely replaced by special schools .

Currently existing facility in Lower Saxony

In 2011, the then CDU / FDP-led state government justified the continued existence of the day-care center system with the words: “Day-care centers run all day and, in contrast to the special needs schools 'intellectual development', are only closed for four weeks a year. This special offer, which only exists in Lower Saxony, is particularly suitable to relieve families with disabled children and young people during the day. "

Legal status

Children and adolescents with a "special educational needs with a focus on mental development" may 164c of the Lower Saxony Schools Act their in Lower Saxony pursuant to §§ 162 and compulsory education meet in a recognized educational institution day.

Day-care centers are semi-inpatient facilities within the meaning of Section 13 SGB ​​XII for school support, education and care (to fulfill compulsory schooling) of children and young people with not only temporary significant intellectual disabilities. These children and adolescents are not funded by the Lower Saxony Ministry of Culture , but through comprehensive integration measures from the budget of the Ministry of Social Affairs as part of “ participation in community life” (Section 5 SGB ​​IX ) on the basis of Section 54 SGB XII and Section 55 SGB IX funded.

Children and young people from neighboring countries living near the border with Lower Saxony are not entitled to attend a day-care center or to pay the costs of the facility and travel expenses. The State Social Court of North Rhine-Westphalia justifies this with the fact that the day school type is "a type of school not provided for in North Rhine-Westphalian school law, ie an 'aliud'"; assuming the costs for such a different type of school is ruled out.

Although day-care centers are not schools within the meaning of the Lower Saxony School Act, according to a ruling by the Federal Social Court, school-age children who attend a day-care center may not be treated differently from a social law perspective than pupils in a special school or a regular school; they have z. B. as needy are entitled to the “school starter package” according to Book Two of the Social Code (SGB II).

Allocation Process

According to Section 68 (2) of the Lower Saxony School Act, the school authority can “with the consent of the legal guardians also decide” that children and young people “have to attend a recognized day-care center instead of a special needs school, if the provider of the facility agrees”. The agreement with the school transport agency should be established. As a rule, the day-care center in question is close to home, so that the school transport provider does not incur any additional costs.

Educational and therapeutic offers

The educational and therapeutic as well as the content and organizational offers in the day-care centers are basically based on those of the special needs schools with a focus on intellectual development. The binding range of services offered by a day-care center is specified in the service description that the responsible provider has concluded with the State of Lower Saxony.

Recognition procedures and standards

According to Section 164 of the Lower Saxony Schools Act, a day-care center is “recognized by the school authorities as suitable for visiting children and young people with intellectual disabilities upon application, if

  1. the provider of the day-care center belongs to a free welfare association ,
  2. The location and catchment area of ​​the day-care center have been taken into account in the school development plan ,
  3. the head of the day-care center and the group leaders working there have the necessary qualifications after their training or previous activity. "

Naming

According to Section 163 of the Lower Saxony Schools Act, day-care centers are not schools within the meaning of this Act. However, since 2007 they have been allowed to use the designation “school” in their name if it becomes clear that the institution is a day-care center.

Future of day-care centers

The UN Convention on the Rights of Persons with Disabilities in Germany has been in force since 2009 . In Art. 24 it requires inclusive schooling for children and young people with disabilities. On the official education server of the state of Lower Saxony (“nibis”), Walter Straßmeier, professor emeritus for pedagogy for the mentally handicapped , points out that “the school system […] is withheld” from children and young people who attend a day-care center.

In March 2012, the state government reacted to interpretations according to which the convention provides for the schooling of disabled children in mainstream schools with the statement: “Special schools - with the exception of the primary level of the special school with a focus on learning - will remain in place to ensure the choice of the most suitable learning location. The type of school the pupils attend is decided by their legal guardians. ”With this regulation, the state is continuing its longstanding tradition of attaching central importance to the will of parents in educational issues. There is no explicit mention of day-care centers in this quote. With reference to the area of ​​intellectual disabilities, the “ Diakonisches Werk ” stated in 2013: “For the schooling of children with intellectual disabilities, the Lower Saxony state legislature has assumed, based on the experience with the integration classes, that their parents will continue to want exclusive schooling. This affects around 200 students from Lower Saxony. If schoolchildren are dependent on special educational support in the 'Spiritual Development' priority, they can also fulfill their compulsory education by attending a recognized day-care center. "

Those responsible for day-care centers take the position that their facilities should be expanded into support centers which, in cooperation with general schools , should enable the integration of pupils with disabilities. In Einbeck there has been the "Pedagogical-Therapeutic Support Center (PTZ) gGmbH" since 2009, the sole shareholder of which is the local Lebenshilfe association and which bundles all life support activities. At the PTZ, 130 employees support and look after more than 350 children and young people inside and outside the facility. In addition to a day-care center, Lebenshilfe Einbeck offers a curative educational kindergarten, a speech therapy kindergarten, early support and several independent practices for physiotherapy, occupational therapy and speech therapy.

In their 2012 annual report, representatives of the “Disability Aid Committee” in the “Landesarbeitsgemeinschaft der Freie Wohlfahrtspflege in Niedersachsen eV” call for day-care centers to be converted into independent support schools.

With effect from January 1, 2014, the state government raised the number of jobs in the care groups of the Lower Saxony day-care centers to two positions for eight children, which implies a grandfathering for the day-care centers in Lower Saxony.

A large number of day-care centers in Lower Saxony are now called "[...] -Schule" in order to clarify the educational standards of the institution. In addition, day-care centers are increasingly relying on cooperation with mainstream schools to meet the inclusion requirement. For example, the Paul Moor School (recognized day-care center) of Lebenshilfe Grafschaft Diepholz in 2013 outsourced an “outside class” to the Auburg School (elementary school) in Wagenfeld , which should enable partial joint lessons with elementary school children. Since this cooperation project was successfully completed after four years and everyone involved considered it very useful, the continuation of the project in the secondary school in Wagenfeld from summer 2017 was a logical consequence.

In its action plan published in October 2016, the "Inclusion Commission" convened by the Lower Saxony state government calls for "Objectives and measures to implement the UN Disability Rights Convention in Lower Saxony":

All pupils attend general school and are taught by teachers. A plan is being developed for the transition from day-care centers to general mainstream schools.

Former institutions

Bavaria

In Bavaria, too, there was a “day education center” (TABS) in Munich from 1977 to 2005. It was a community college for mentally handicapped adults.

Hamburg

In 1972 the name “day education center” was chosen in Hamburg for a facility that looked after young people with an intellectual disability after leaving school. There the phase of facilities of the type that still exists in Lower Saxony today was skipped.

Day education center and day support center

The term day care center can easily be confused with the term day care center , an institution that does not only exist in Lower Saxony and whose target group is adults who cannot find a workshop for disabled people .

Individual evidence

  1. ↑ z. B. the day education center in Wesel ; see. Leo Pünnel It began in 1964. A chronicle from the beginnings to the year 2000 ( Memento of the original from March 22, 2014 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. . Lebenshilfe for people with intellectual disabilities unterer Niederrhein ev, p. 5ff. @1@ 2Template: Webachiv / IABot / www.lebenshilfe-rees.de
  2. ^ Bettina and Christian Lindmeier: Structure and development of pedagogy in the case of intellectual disabilities from 1950 to 1989 in the FRG . In: Ernst Wüllenweber / Georg Theunissen / Heinz Mühl (eds.): Pedagogy for mental handicaps . Stuttgart. Kohlhammer 2006, p. 44
  3. ↑ Schleswig-Holstein State Parliament: staffing of the support centers with a focus on intellectual development . Small question from MP Sven Krumbeck (pirate faction) and answer from the state government - Minister for Education and Science. November 27, 2013, p. 1
  4. ↑ Report of the state government on the review of the effects of the law on equality for people with disabilities of November 25, 2007 according to § 15 Lower Saxony Disability Equality Act (NBGG) . August 25, 2011, p. 12
  5. ↑ Regional Social Court of North Rhine-Westphalia: judgment of May 15, 2013 . Az. L 20 SO 67/08, guideline 27
  6. ^ Judgment of the Federal Social Court of June 19, 2012
  7. ↑ Niedersächsischer Bildungsserver: Basic decree on special educational funding by the Lower Saxony Ministry of Culture of February 1, 2005. Section II.2.3 ( Memento of the original from March 22, 2014 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. @1@ 2Template: Webachiv / IABot / www.nibis.de
  8. ↑ § 163 Lower Saxony School Act
  9. ↑ Walter Straßmeier: Standards in the special school with a focus on intellectual development - What pedagogical and personal standards does the special school with a focus on mental development offer? ( Memento of the original from March 22, 2014 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. . Lower Saxony State Institute for School Quality Development (NLQ). Hildesheim December 13, 2013 @1@ 2Template: Webachiv / IABot / www.nibis.de
  10. ↑ Lower Saxony Ministry of Culture: Introduction of the inclusive school in Lower Saxony. Information for the municipal school authorities ( Memento of the original from March 23, 2014 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. . March 20, 2012, Section 3.3.1, p. 5 @1@ 2Template: Webachiv / IABot / www.buergerinfo.norden.de
  11. ↑ Ralf Witte: are special educational support centers ( memento of the original from March 4, 2016 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. . Living with differences. Diakonia . 2013, p. 68 @1@ 2Template: Webachiv / IABot / www.diakonie-in-niedersachsen.de
  12. ↑ Through cooperation for integration. Funding centers such as the Erich-Kästner-Schule will continue to be needed in the future ( memento of the original from March 23, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 763 kB). Oldenburg People's Newspaper . November 25, 2010 @1@ 2Template: Webachiv / IABot / www.andreaswerk.de
  13. ↑ Lebenshilfe young and full of zest for action - ceremony with Minister of Social Affairs Rundt . Hessian / Lower Saxony General . 4th February 2014
  14. ^ Landesarbeitsgemeinschaft der Freie Wohlfahrtspflege in Niedersachsen eV: Annual report 2012 . P. 17
  15. ↑ Lower Saxony Ministry for Social Affairs, Health and Equal Opportunities: Lower Saxony improves the care of children with disabilities and increases staff in day-care centers . Press release . 20th September 2013
  16. ↑ Lebenshilfe Grafschaft Diepholz: Cooperation on the way to inclusion  ( 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. . September 2013@1@ 2Template: Toter Link / www.auburgschule.de  
  17. ↑ Inclusion Commission: Goals and measures for the implementation of the UN Disability Rights Convention in Lower Saxony . Lower Saxony Ministry for Social Affairs, Health and Equality (ed.). September 2016, p. 16 (point II.4.15) online
  18. ↑ Bettina Schroeter-Kleist: You can do that. A model experiment to promote self-employment In: Die Zeit , March 4, 1983
  19. ^ Marion Friedl: No education for the handicapped . Merkur-online.de. August 23, 2005
  20. ↑ WFE gGmbH history
  21. ^ Bettina Lindmeier / Christian Lindmeier: Structure and development of pedagogy in the case of intellectual disabilities from 1950 to 1989 in the FRG . In: Ernst Wüllenweber / Georg Theunissen / Heinz Mühl (eds.): Pedagogy for mental handicaps. A manual for study and practice . Kohlhammer, Stuttgart 2006, p. 44

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