Concept and legal framework of the school system
Das School system is a fundamental component of the public education system. It encompasses all legal, organizational and structural regulations that govern the operation, administration, as well as the substantive and pedagogical design of schools as public and private educational institutions. The school system in Germany is subject to extensive legal and administrative regulations, which exist at both the federal and state levels and may be supplemented by European law.
Constitutional foundations
Federal level: constitutional regulations
The school system in German law is largely shaped by the federal division of competences laid down in the Basic Law (Grundgesetz, GG). Article 7 of the Basic Law regulates the fundamental aspects of school supervision and stipulates comprehensive state influence:
- Art. 7 para. 1 GG establishes state supervision of the school system.
- Art. 7 para. 2 GG guarantees the right of legal guardians to decide on their child’s participation in religious education.
- Art. 7 para. 3 GG regulates the conditions for religious education as a regular school subject.
Apart from this, the powers of the federal government are largely limited to framework legislation (former Art. 75 GG old version), in particular for vocational training and higher education. The detailed legal provisions are within the competence of the federal states.
State law: school legislation of the German federal states
Das School system is primarily the responsibility of the federal states according to Articles 30 and 70 GG. Each state has its own school laws (e.g. NRW School Act, Bavarian Act on Education and Teaching), which regulate structure, organization, and operation. The states in particular determine the following aspects:
- Classification into school types (primary school, Hauptschule, Realschule, Gymnasium, etc.)
- Responsibilities and rights of school authorities
- Requirements for teaching staff and school service
- Compulsory schooling and its organization
- Admission procedures and school progression regulations
- Participation rights of parents, students and teaching representatives
These state-specific regulations lead to sometimes significant differences in educational offerings, curricula and school-leaving qualifications.
Compulsory schooling and its legal background
Die Compulsory schooling is a central element of the German school system and is enshrined in the respective state school laws. It means the legal obligation to participate in school lessons and is usually divided into compulsory full-time schooling (primary and lower secondary education) and subsequent compulsory vocational school attendance. Failure to comply with compulsory schooling can be enforced through regulatory measures (fines, coercive measures).
School law organizational forms
Public schools
Public schools are operated by public law bodies (particularly municipalities or states). Special provisions of state school laws and subordinate regulations apply to them. Organizational law includes, among other things, regulations relating to student body, teaching staff, funding, participation bodies, and performance assessment.
Private schools
Private substitute schools (§ 7 GG, Art. 7 paras. 4 and 5 GG) require state approval and are subject to state supervision. Regarding teaching objectives, facilities and proficiency of teaching staff, they must be equivalent to public schools. The Basic Law further provides for a special prohibition for private elementary schools (so-called prohibition of segregation; Art. 7 para. 5 GG) intended to prevent far-reaching exclusivity for economically privileged elites.
School supervision and state control
State school supervision includes legal supervision (control of school operations under existing regulations) and, in part, professional supervision (educational, organizational, and personnel oversight). These duties are typically fulfilled by state ministries, school authorities, and subordinate agencies.
Funding and responsibility for schools
The school system is financed through various models. Public schools are principally funded by the budgets of the states and municipalities. The responsibility for construction, equipment, and maintenance lies with the school authority, usually the municipality or school association. Private schools generally receive state funding (which may be subject to conditions), but are also required to make their own financial contributions and may be permitted to charge school fees.
Rights and obligations in the school system
Students and parents
Students are entitled to education, individual support and participation in school life. They are required to attend, fulfil school tasks and comply with the school rules. Parents have extensive rights to information, participation and complaints, and are responsible for supporting and promoting their children.
Teachers and school management
Teachers are subject to civil service or collective agreement provisions. Their rights and obligations are particularly governed by public service law or by the relevant collective bargaining agreement. School management undertakes administrative and pedagogical tasks and is responsible for implementing legal requirements as well as for ensuring and developing school quality.
Participation bodies in the school system
Statutory participation bodies (e.g. school conference, parent representation, student council) ensure democratic participation and influence for all stakeholders at the school. Their powers and procedures are regulated by state law or school regulations.
Data protection and the school system
Special data protection provisions apply in the context of the school system (including data protection provisions under the GDPR as well as the relevant school-specific data protection rules of the states) for collecting, processing and sharing personal data of students, parents and staff.
School system in the international and European context
European law requirements, particularly through the EU Charter of Fundamental Rights and EU directives, affect specific areas of the school system (e.g. recognition of qualifications, access).
Legal protection in the school system
Legal protection issues particularly concern the possibility to contest school administrative measures (transfer decisions, grades, disciplinary measures) by way of objection or legal proceedings before administrative courts in the respective states.
Conclusion
The school system is a comprehensive system governed by the Basic Law and state law, with far-reaching state, organizational, and data protection provisions. It forms the basis for equitable educational opportunities and balances the tension between state responsibility, parental educational rights, and individual participation guarantees. The dynamic development of the school system is continuously shaped by reforms and societal challenges.
Frequently Asked Questions
What rights do parents have when choosing the school for their child?
In Germany, parents fundamentally have the right to decide on their child’s educational path; this is safeguarded in the Basic Law through parental rights (Art. 6 para. 2 GG). However, this right is limited by state regulations, since education falls under the jurisdiction of the federal states. In many states, there are school district restrictions, so children usually attend the nearest school in their residential district. However, there is the option to apply for a school transfer or to attend an independent school, although certain conditions and deadlines must be observed. Additionally, parents may participate in educational and upbringing matters, for example by attending parent-teacher meetings, school conferences, or serving on parent councils. However, they do not have an all-encompassing “right to the school of their choice” and must observe admission requirements and capacity limits of the respective school. The rejection of an application for admission to a particular school can be contested in court. Furthermore, the Basic Law guarantees the right to establish and choose independent substitute schools (Art. 7 GG), although these are also subject to state approval requirements.
To what extent are students obliged to attend lessons?
Compulsory schooling is a legal requirement anchored in the school laws of the German federal states and obliges all children and young people to attend school and regularly participate in lessons and mandatory school activities. The duration of compulsory schooling varies depending on the federal state, but generally consists of nine or ten years of full-time compulsory schooling plus additional vocational school requirements for young people not attending further general education. Exemption or excusal from lessons is only possible in narrowly defined exceptional cases, such as illness (with a doctor’s certificate), family occasions, or pressing personal reasons—but the school must be informed immediately in any case. Violations of compulsory schooling can be pursued by the authorities through severe measures such as fines or, in individual cases, penalty payments and even police escort. Parents—and, depending on age, also students themselves—bear the legal responsibility for compliance with these regulations.
What measures can the school legally take in the event of conflicts with students?
School law provides for a graduated range of educational and disciplinary measures to ensure peaceful coexistence and safety at schools. The starting point is educational influence, such as discussions and warnings. Furthermore, school laws permit disciplinary measures such as written reprimands, detention, temporary exclusion from lessons, up to complete exclusion from school (either for a fixed period or permanently). Such measures must always be proportionate, appropriate and suitable, and must be imposed solely for legally legitimate reasons. Students and their parents have the right to be heard and to receive a statement of reasons for the measure. In cases of serious disciplinary measures, there is a right to lodge an objection and, where applicable, bring an action before the administrative court. Educational measures are generally not subject to judicial review, but the administrative courts have jurisdiction over disciplinary measures.
To what extent do students and parents have rights of participation and complaint?
School law grants both students and parents extensive participatory rights, which are specified in the respective state laws. Parents have opportunities for involvement in the form of parent meetings, parent councils, and school conferences. Here they may participate, for example, in school decision-making processes, the design of the school program, or the selection of teaching materials. Students may be represented in student councils, as class or school representatives, and in relevant school committees. In case of dissatisfaction with school decisions, parents and students can submit formal complaints, which must be processed according to procedural rules. If disputes are serious, legal proceedings before the administrative courts are possible, for example in the case of disciplinary measures, transfer and grading decisions or in cases of discrimination or breach of the duty of care.
Under what conditions can private tuition or home schooling be legally ordered or approved?
Private tuition is fundamentally a privately organized form of supplemental educational support and does not require authorization under school law. Home schooling (education at home outside of school), on the other hand, is subject to strict legal requirements in Germany: as a rule, there is a compulsory attendance requirement; home schooling is therefore only permitted by the state in exceptional cases, for example in cases of long-term illness or disability that makes attendance impossible. Authorization for this must be applied for with the relevant school authority and requires clear medical evidence and thorough official case review. “Homeschooling” for ideological or educational reasons, as is possible in some other countries, is generally not permitted under German school law and may be penalized with fines or other administrative measures.
What legal requirements exist for the inclusion of students with special educational needs?
The right to equal treatment (Art. 3 GG) as well as international obligations—namely the UN Convention on the Rights of Persons with Disabilities—require the Federal Republic of Germany to promote inclusion in education. State laws therefore grant children with special educational needs the right to attend a mainstream school and appropriate support from special education professionals or through individual measures. The determination of special needs follows a multi-stage process involving parents, experts, and school authorities. Parents have the right to participate in this process and to lodge objections against decisions. The entitlement to inclusive education can only be restricted in individual cases and for important reasons—such as where necessary support at the mainstream school cannot be provided and attendance at a special school offers better support. All school measures must pay particular attention to the child’s personal rights, participation, and development opportunities.
To what extent is religious affiliation legally relevant for school events?
Freedom of religion pursuant to Art. 4 GG ensures that no one may be compelled against their religious conscience to take part in certain school events—such as religious education, religious services, or religious celebrations. Students can, with parental approval if required, be exempted from religious instruction upon request. In some federal states, attendance at a substitute subject (often ethics) is mandatory instead. Religious expressions and symbols in everyday school life are subject to controversial debate and ongoing jurisprudence in Germany—especially regarding the state’s duty of neutrality versus the right to individual religious practice. For example, wearing religious symbols openly may be prohibited in certain schools if school peace or state neutrality is at stake. For trips, excursions, or other events, objections based on religious grounds (e.g. participation in religious holidays or prayers) must be respected by school management, unless there are overriding school interests.
