Definition and Legal Classification of Public Schools
Public schools are educational institutions administered by a public-law sponsor, in particular the federal government, states, municipalities or municipal associations. Unlike private schools, public schools are state-funded institutions whose existence and organization are directly governed by the school law of the federal states. Public schools are the standard form for state implementation of the fundamental right to education.
Constitutional and School Law Foundations
School System as a State Matter
According to Articles 30 and 70 (1) of the Basic Law (GG), the responsibility for educational legislation lies exclusively with the states. Each federal state has its own school law governing the structure, organization, and content of public schools. These regulations are based on the constitutional principles set out in Article 7 GG, in particular the state’s school monopoly and the right to religious education.
Article 7 GG – Legal Framework
Article 7 GG forms the central constitutional basis of the German school system. The following provisions are particularly relevant:
- Paragraph 1: The entire school system is under the supervision of the state.
- Paragraph 2: Parents have the right to decide whether their child participates in religious education.
- Paragraph 3: Religious education is a regular subject in public schools, but not at non-denominational schools.
- Paragraphs 4-6: These paragraphs regulate, among other things, the approval of private substitute schools and compulsory attendance at public schools.
The fundamental right to education is closely tied to the state obligation to provide a comprehensive system of public schools.
Organization and Sponsorship
Sponsorship of Public Schools
Public schools are often financed and managed by municipalities (communities, districts) or by the states as providers of funding and employers. The role of the sponsor covers the maintenance of buildings, provision of equipment, organizational tasks, as well as the provision of teaching staff (through the school authorities of the states).
Classification by School Types
The public sector operates a wide variety of school types and forms. Key elements of the German education system are:
- Primary schools
- Hauptschulen and Realschulen (lower and intermediate secondary schools)
- Comprehensive schools
- Gymnasien (upper secondary schools)
- Special education schools
- Vocational and vocational training schools
- Secondary and specialist schools
The classification of school types is determined by the provisions of the respective state laws.
Legal Status and Supervision
Public Law Character
Public schools do not have their own legal personality, but act in legal relations as part of the sponsor’s territorial authority. Accordingly, the sponsor is liable for the obligations and liabilities of the school.
School Supervision and Administrative Powers
School supervision covers all matters of leadership, curriculum design, personnel matters, and monitoring compliance with legal requirements. Supervision is usually exercised in professional (subject-matter), personnel (service supervision), and organizational (school administration) aspects by the authorities designated for this purpose (e.g., school office or district government).
Co-determination and School Constitution
The constitution of public schools provides for forms of internal participation. Parent representatives, student councils, and school participation bodies (e.g., school conferences, parent councils) are regulated in the state laws.
Compulsory Education, Admission and Access
General Compulsory School Attendance
In Germany, there is comprehensive compulsory education under state law, which generally refers to public schools. The form of compulsory schooling (full-time compulsory education, vocational school obligation, duration and exemptions) is also stipulated by state law.
Admission Procedures and Capacities
Access to public schools is open, but takes into account organizational and capacity constraints as well as location-based allocation rules. Special admission requirements, such as for secondary schools, depend on grades, qualifications or place of residence.
Financing and Fee Exemption
Financing Principles
Public schools are predominantly financed from the public budgets of municipalities and federal states. State financing may be supplemented by own funds, subsidies, and occasionally earmarked grants.
Fee Exemption
As a general rule, attendance at public schools is free of charge according to Article 7 (4) GG (substitute schools may only be permitted if their educational objectives are not lower than those of public schools and tuition fees do not result in segregation of pupils according to parents’ financial circumstances). Only for supplementary services such as cafeteria meals or all-day care may additional contributions be required.
Right to Equal Treatment and Prohibition of Discrimination
Access to public schools must be guaranteed regardless of origin, gender, religion, belief, or social circumstances. The prohibition of disadvantage and the principle of equal treatment are guaranteed by Article 3 GG, the state constitutions, and specific anti-discrimination provisions of school law.
Public Service Law for Teaching Staff
Teaching staff at public schools are employed under a public-law service relationship with the state or municipality as employer. Employment is generally as civil servants or public employees. The rights and duties, as well as the regulations on service law, are determined by the relevant civil service or collective bargaining regulations.
Summary and Significance
Public schools are the backbone of the German education system and fulfill the state’s obligations of guarantee and protection regarding education and upbringing. They are subject to comprehensive state supervision, are committed to the principle of social participation, and play a central role in realizing the fundamental right to education due to their openness and exemption from fees.
Weblinks and Literature (Selection)
- Basic Law for the Federal Republic of Germany, Art. 7 GG
- School laws of the federal states
- State constitutions of the federal states
- BVerfG, decision of 8.4.1987, 1 BvL 8/84 (“Parental Rights and Compulsory Education”)
This article provides a legally precise and comprehensive overview of the legal foundations, organizational forms, and function of public schools in the German rule of law.
Frequently Asked Questions
Is attendance at public schools compulsory in Germany?
In Germany, under Article 7 of the Basic Law as well as the respective school laws of the federal states, general compulsory schooling exists. This means that children and young people are required to attend school. This obligation generally includes both full-time compulsory schooling (usually nine to ten years) and subsequent compulsory vocational schooling. Public schools are the regular means of fulfilling compulsory schooling. Private schools may serve as substitutes, but require state approval and compliance with equivalent education and supervision standards. Homeschooling is generally not permitted in Germany and constitutes a violation of compulsory education, which can be sanctioned with fines and, if necessary, coercive measures up to and including withdrawal of parental custody.
Who bears the costs for attending public schools?
Attending public schools is free of charge under German federal law, as the education system fulfills the state mandate for equal opportunity. The school laws of the federal states explicitly set this out. This means that neither tuition nor teaching fees may be charged for regular school attendance. However, there may be costs for learning materials (e.g., books, if textbook lending does not apply), supplies, trips, or meals, where low-income families can apply for financial support as part of social benefits (e.g., education and participation).
To what extent do parents have co-determination rights at public schools?
The legal basis for parents’ co-determination rights at public schools is largely governed by the school laws of the federal states. These laws provide that parental representation (e.g., class parent representatives, parent councils) is institutionalized and grants certain rights, for example in shaping school life, managing financial resources, or in matters of teaching and school organization. This participation is advisory, sometimes also decision-making, for example in school conference decisions. The final responsibility, especially for pedagogical and employment matters, however, remains with the school administration and supervisory authorities.
On what legal basis are students admitted to public schools?
Admission of students to public schools is governed by the applicable state legal provisions. In principle, there is an entitlement to admission to the responsible local school, i.e., the school in the residential district. Criteria such as capacity, catchment area, and, in certain cases, special hardship regulations are decisive here. For secondary schools (e.g., Gymnasium, Realschule), admission requirements based on performance and selection procedures may play a role, but these must be applied free of discrimination and in accordance with the principle of equal treatment. Rejections must be justified and can be challenged through administrative proceedings.
What rights do students have at public schools?
Students have a variety of rights that are protected by school laws as well as the state constitutions. These include in particular the right to education and participation, the right of representation (e.g., class representatives, student councils), the right to information about grading and promotion decisions, the right to complain about school measures, and protection from discrimination and violence. At the same time, students are obliged to regularly attend classes, comply with school rules, and fulfill school duties.
Within what framework are disciplinary measures permitted at public schools?
Disciplinary measures serve to ensure the proper functioning of the school and are regulated in detail in state laws. They range from educational measures (e.g., extra assignments, warnings) to disciplinary measures such as exclusion from class or temporary suspension. Serious measures (e.g., expulsion) require a due legal process, usually with a hearing, justification, and the opportunity for appeal or legal action. In principle, disciplinary measures must be proportionate and lawful and may not involve discrimination.
How are public schools legally organized with respect to the state and municipalities?
Public schools are organized legally as state institutions, with school sponsorship mainly falling to municipalities (in the case of primary schools) and to districts or district-free cities (in the case of secondary schools). Teaching staff are usually state employees (teachers, school administrators), while the provision of facilities and equipment falls to the school sponsor (usually the municipality). Professional supervision and substantive control are exercised by the respective state authority (school offices, ministries of education). The interaction of these levels is specifically regulated in the relevant school laws.
