Definition and Legal Basis of Compulsory School Attendance
Die Compulsory school attendance is a legally enshrined public obligation that requires children and adolescents within a certain age group to attend school. It constitutes a central foundation of the states’ educational and instructional mandate and is an essential part of education law. The standardization, design, duration, and enforcement of compulsory school attendance are primarily regulated by state law, while the federal government provides only organizational and framework guidelines.
Historical Development of Compulsory School Attendance
Compulsory school attendance has its origins in the 16th and 17th centuries, with Martin Luther, Philipp Melanchthon, and Johannes Calvin regarded as pioneers of mandatory school attendance. The first comprehensive statutory regulation can be found in Prussia’s “General Land School Regulation” of 1763. Since then, compulsory schooling was gradually introduced in nearly all European countries and later worldwide, to secure education as a public good and to promote social equality of opportunity.
Legal Structure in Germany
Statutory Foundations
Article 7 of the Basic Law (Grundgesetz, GG) already establishes the school system as a matter for the federal states. The specific design of compulsory school attendance is therefore essentially the responsibility of the sixteen federal states, each of which enacts its own school law regulations. These are codified in the state education acts (e.g., SchulG NRW, BayEUG, HSchG).
Types of Compulsory School Attendance
Within Germany, compulsory school attendance is divided into different forms:
1. Full-time Compulsory School Attendance (General Compulsory School Attendance)
This extends over a legally stipulated period (usually 9 or 10 years), beginning with enrollment upon reaching the age of six. During this time, children and adolescents are required to attend a general education school.
2. Vocational School Attendance Requirement (Post-school Vocational Compulsory Attendance)
After completing the full-time compulsory schooling, youths who have not completed vocational training or pursue further education are subject to vocational school attendance. In most federal states, this extends for at least an additional 3 years and ends upon completion of a vocational qualification or upon reaching a certain age.
3. Special Forms
In addition to regular schooling, there are special forms, for example, for students with special educational needs or for children with disabilities (special school attendance requirement). There are also specific regulations governing compulsory school attendance for refugees and groups relevant in terms of migration law.
Start and End of Compulsory School Attendance
Compulsory school attendance begins—depending on state legislation—usually between the ages of 5 and 7, and ends regularly upon completion of the last grade of the general education school or after fulfilling the post-school vocational requirement. Special regulations apply for students in vocational training, special educational programs, or those residing abroad.
Content and Scope of Compulsory School Attendance
Obligation to Attend School and Obligation to Receive Education
Compulsory school attendance includes the obligation to register, to participate regularly in lessons and mandatory school events, and to meet academic performance requirements. It also includes certain reporting and cooperation obligations on the part of the legal guardians.
Attendance and Participation in Lessons Requirement
Children and adolescents must be physically present and may only be excused from lessons for a valid reason (e.g., illness). In the case of unauthorized absences, legally sanctioned measures apply.
Enforcement and Sanctions
Regulatory Measures
School law provides various instruments to enforce compulsory attendance, including:
- Admonitions and educational interventions
- Written warnings
- Compulsory fines against legal guardians
- Enforcement of attendance by police escort
Fines and criminal sanctions
In cases of persistent violation of compulsory school attendance, a fine may be imposed on the legal guardians (administrative offence pursuant to the school acts or the Administrative Offenses Act (OWiG)). In severe, repeated cases, criminal proceedings may also be initiated for violation of the duty of care and education (§ 171 StGB).
Exceptions and Opportunities for Exemption
School Attendance Abroad and Special Permits
An exemption from compulsory school attendance is possible only within narrow limits, for example in the case of a family’s permanent stay abroad or attendance at a recognized substitute or private school. Applications must be submitted to the competent school authority.
Home Instruction and Homeschooling
Unlike in many other countries, Germany requires attendance at a school rather than merely the receipt of education. Homeschooling is generally prohibited and only permissible under strictly controlled exceptions (such as in cases of severe illness).
International Perspective and Comparative Law
While a state-enforced obligation to attend school prevails in Germany, many countries—including the USA, the United Kingdom, Australia, and Canada—offer the possibility of home education (homeschooling). The international legal framework, particularly the UN Convention on the Rights of the Child and the European Convention on Human Rights (ECHR), guarantees the right to education but leaves the concrete form to the nation states.
Significance and Objectives of Compulsory School Attendance
Compulsory school attendance serves as an instrument for fulfilling the state’s educational and instructional mandate—ensuring integration, equal opportunity, participation, and the protection of the child’s welfare. Its purpose is to provide all children and adolescents with a sound school education and to enable basic social development.
Legal Sources and Literature
The relevant legal bases are found in the constitutions of the respective federal states, the Basic Law (Article 7 GG), the state education laws, and certain federal statutes. Supplementary regulations arise from international agreements, such as the UN Convention on the Rights of the Child and the European Convention on Human Rights.
Summary
Compulsory school attendance is a key element of public education law and ensures that all children and adolescents have access to school education. In Germany, its implementation is regulated at the state level and links both the obligations of students and guardians with sanctions for violations. In international comparison, the German system stands out due to the strong presence of mandatory school attendance, thus reaffirming state-directed education as a fundamental societal asset.
Frequently Asked Questions
What statutory provisions govern compulsory school attendance in Germany?
The statutory basis for compulsory school attendance in Germany is primarily determined by the respective state laws, since school law falls under the jurisdiction of the federal states according to Art. 70 GG (Basic Law). Each federal state has its own school law, which sets out differentiated rules concerning the beginning, duration, scope, and type of compulsory schooling. As a rule, compulsory school attendance begins with the school year in which the child turns six and lasts in most states nine or ten years (full-time compulsory attendance), followed by a period of compulsory vocational schooling for young people without completed vocational training, typically up to age 18. In addition, further statutory provisions can be found in the Basic Law (e.g., protection of the state educational mandate in Art. 7 GG) as well as in the Child and Youth Welfare Act (SGB VIII). Provisions such as the option of attending private or international schools are also regulated at the state level.
What exceptions to compulsory school attendance exist?
Exceptions to general compulsory school attendance are only possible in narrowly defined circumstances and exclusively through the respective state laws. These include, in individual cases, serious health reasons, which must be documented by a medical certificate and a public health assessment; children with disabilities may also—depending on the nature and severity of the disability—be exempted from regular compulsory school attendance and taught in special facilities. There are also possibilities for exemption or fulfilling compulsory education in another suitable form in certain social or family emergencies, such as extended stays abroad. Approval lies with the responsible education authorities in each case. For children with particular talents (e.g., competitive athletes), exemptions or individual solutions can be requested as well. However, a general exception—such as for so-called homeschooling—does not exist as a rule, as compulsory school attendance under German law is considered part of the state’s educational mandate and may not generally be replaced by private home instruction.
What are the consequences of violating compulsory school attendance?
Violation of compulsory school attendance as prescribed by law can have serious legal consequences for both guardians and the children or adolescents subject to compulsory schooling. State education laws provide for graduated measures—from warnings and educational measures, to administrative fine proceedings, to mandatory enforcement actions. In extreme cases, the administrative offenses laws of the federal states provide for the imposition of fines on parents, the amount of which depends on the federal state and severity of the offense (often up to several thousand euros). Repeated and serious violations may ultimately also trigger involvement of youth welfare offices and the initiation of family court measures—such as partial withdrawal of parental custody. Criminal consequences, such as imprisonment, are typically reserved only for particularly grave and repeated offenses.
To what extent can compulsory school attendance be fulfilled at private schools?
Article 7 paragraphs 4 and 5 of the Basic Law guarantee the establishment of private schools—so-called substitute and supplementary schools—provided they meet certain government-set conditions. Compulsory school attendance can thus, in principle, also be fulfilled at recognized private substitute schools if they match public schools in terms of curriculum, number and qualifications of teachers, and teaching content, and have state approval. Substitute schools legally replace the public school system entirely, whereas supplementary schools are not a full equivalent and do not fulfill compulsory school attendance. International or ‘external’ schools can also meet compulsory requirements, provided they are recognized by the responsible education authority. Attending unregulated private schools or unsupervised distance learning does not meet the German compulsory school attendance requirement.
What role do guardians play in enforcing compulsory school attendance?
According to school law provisions of the federal states, guardians—usually the parents—are primarily legally obligated to ensure that their underage children attend school regularly and properly. This obligation is explicitly stipulated in each state’s education act and includes both the registration of the child at a school and informing about absences as well as providing learning materials. Guardians are required to immediately excuse school absences and encourage their children to participate in mandatory school events. A culpable breach of these duties constitutes an administrative offense and can be sanctioned by compulsory measures or fines. If parents are permanently unwilling or unable to fulfill their obligations, the family court may intervene in parental custody under certain circumstances.
Can adult students be compelled to fulfill compulsory school attendance?
In most federal states, full-time compulsory school attendance ends upon reaching a certain age (usually 18) or after completion of the legally prescribed mandatory years. During the period of compulsory vocational schooling, however, adult adolescents are still obliged to participate in training measures or attend vocational school, provided they have not completed vocational training. The school laws state that the responsibility for fulfilling compulsory school attendance rests with adult students themselves, but enforcement measures (such as fines or coercive action) can still be imposed against the adult individual. The special legal status of adulthood, however, means that parents are no longer held accountable.
How is compulsory school attendance regulated in the case of stays abroad?
In the case of a temporary or permanent stay abroad, compulsory school attendance is subject to special legal provisions based on state law. Families who move abroad with compulsory school age children must report this to the responsible education authority and provide proof that the child regularly attends school abroad. For a limited stay abroad (e.g., exchange year), a leave of absence or recognition of the foreign school may be granted, provided the schooling is demonstrably comparable in standard and level. For longer stays, compulsory school attendance may be deemed fulfilled on request if schooling is provided at an accredited foreign school. As German compulsory school attendance is generally territorially limited, there are usually no further sanctions from a German perspective for families who have permanently emigrated, apart from certain return arrangements. However, failure to comply with compulsory school attendance abroad may result in disadvantages upon return (e.g., placement in the appropriate grade).
