Definition and Legal Classification of the School Conference
Die School Conference is the central participatory body within the constitution of general and vocational schools in Germany, serving as the highest advisory and decision-making committee at the individual school level. It is the forum for cooperation at school between school management, teachers, parents, and – depending on the type of school – also students. Its legal structure and the extent of its powers are essentially regulated in the school laws of the federal states and, accordingly, exhibit federal differences.
Historical Development
The introduction of the school conference in the Federal Republic of Germany is part of a development toward greater democratic participation and self-responsibility of the school community since the 1970s. It was modeled after examples from the Anglo-Saxon world and was part of comprehensive school reforms aimed at making decision-making processes in schools more transparent and participatory.
Legal Basis and Provisions
Anchoring in State Law
The legal framework of the school conference is a matter for the federal states and is usually found in the respective school laws (e.g. School Act for the State of North Rhine-Westphalia – SchulG NRW, Bavarian Act on Education and Instruction – BayEUG, Hamburg School Act, etc.). The relevant provisions define the tasks of the school conference, regulate its composition, the terms of office of its members, and its decision-making powers.
Examples of specific regulations:
- North Rhine-Westphalia (NRW): §§ 62, 63 SchulG NRW
- Bavaria: Art. 62 BayEUG
- Baden-Württemberg: §§ 47-49 School Act BW
- Berlin: §§ 75-77 SchulG BE
Composition and Election of Members
The school conference generally comprises equal numbers of representatives from the different groups involved at the school. The exact number may vary depending on the federal state.
Members
- School Management: Usually chairs the conference
- Representatives of the teaching staff
- Parent representatives (for adult students, they may take the place of their parents themselves)
- Student representatives (depending on the federal state, from lower secondary or upper secondary level; often not provided for in primary schools)
The election of members is carried out by the respective representative bodies, i.e., by the teachers’ conference, parent representatives, and the student council. The term of office for members is determined in the respective school law, typically for one to two years.
Tasks and Responsibilities of the School Conference
Decision-Making and Advisory Powers
The school conference is the highest joint advisory and decision-making body at school level. Its tasks are based on the school law, the school participation ordinance, and other relevant regulations.
Typical tasks include:
- Enactment and amendment of the school rules as well as guidelines for life and work at the school
- Adopting the school program and various educational concepts
- Fundamental decisions on the organization of teaching and education
- Approval of school development projects or the introduction of new forms of teaching
- Participation in the selection of school management members
- Opinion on budget matters and the use of funds, as far as this falls within the school’s remit
- General decisions regarding extracurricular activities (e.g. school festivals, field trips, exchange programs)
- Resolutions on cooperation with external partners
The scope of decision-making powers may differ between federal states and is further specified by internal rules of procedure at the school.
Decision-Making Procedures and Votes
The school conference passes its resolutions in meetings, whose procedures and formalities are usually regulated by rules of procedure. The conference is generally deemed quorate if at least half of the voting members are present. Voting is conducted openly or – on request – by secret ballot. In the event of a tie, the chairperson’s vote decides in many states; usually, this is the school management.
Relationship with School Management and Other Committees
The school conference, as an organ of school self-administration, has a special relationship with school management. While the school management bears the overall legal responsibility for the school, it is bound by the resolutions of the school conference within the scope of statutory responsibilities. However, the tasks and powers of the school conference may not interfere with the exclusive management authority or supervisory powers of the school administration.
Other school committees, such as the teachers’ conference, parent representatives, and student council, remain independent and fulfill their statutory duties alongside or in conjunction with the school conference.
Legal Status and Oversight
Legal Nature of the School Conference
The school conference is a collegial body within the school with its own rights and obligations enshrined in school law. It acts as a decision-making and participatory body within the boundaries of public school law. Its resolutions usually constitute internal school orders and are not administrative acts directly aimed at external parties.
Legal Protection, Appeals, and Supervision
The resolutions of the school conference are part of school organizational self-administration. Parents, students, or teachers who believe they are disadvantaged by a resolution have – depending on the respective legal framework – under certain conditions the opportunity to seek legal remedies, for example in the context of an official complaint via the school management to the school supervisory authority. Judicial reviews by administrative courts are generally only permitted in exceptional and narrowly defined cases, particularly when a decision entails specific actions with external effect.
The state school supervisory authority exercises legal oversight over the resolutions of the school conference. It may object to, annul, or refer back resolutions if they violate legal provisions or overriding public interests.
Confidentiality Obligations and Transparency
Members of the school conference – like other members of school committees – are subject to a duty of confidentiality regarding non-public discussions and decisions, unless otherwise provided by law or disclosure is required for the performance of their duties. At the same time, record-keeping requirements and information rights for the groups involved ensure the greatest possible transparency in the decision-making processes.
Differences Between Federal States
In view of the constitutional responsibility of the federal states for the school system (Arts. 30, 70 GG), there are numerous differences in the legal structure of the school conference:
- Composition and Voting Ratios
- Binding nature and scope of decision-making powers
- Existence in all types of schools
- Degree of student representation participation
- Involvement of external partners or other stakeholder groups
The relevant provisions are set out in the respective school law or in special participation ordinances and should always be examined in each individual case.
Significance and Current Developments
The school conference stands at the center of school participation and democratic involvement within the education system. With ongoing discussions about greater self-responsibility for individual schools, school autonomy, and a participatory school culture, the tasks and competencies of the school conference are gaining in importance.
New developments, such as digitalization and inclusion, regularly present the school conference with new fields of action. Particular legal challenges arise, for example, in connection with data protection, IT use, or school concepts of inclusion, for which the school conference may or must pass essential resolutions.
References and Further Regulations
- Statutes and ordinances of the federal states regarding school law
- Ehlers, T./Rux, J.: Schulrecht in den Bundesländern. Beck, München.
- Hess, R.: Handbuch der Schulverfassung. Nomos, Baden-Baden.
This article provides a comprehensive and legally sound overview of the school conference as a significant participatory body within German school law, with particular emphasis on state-specific differences and current developments.
Frequently Asked Questions
According to the relevant school law provisions, who is entitled to vote as a member of the school conference?
In most German federal states, the composition and voting rights within the school conference are derived from the applicable school laws and state regulations. Voting members of the school conference are regularly representatives of the three groups: teachers, parents, and – from a certain grade level – students. The exact number of representatives is defined by law and depends on the type and size of the school. In many regulations, the school law also stipulates that the school management chairs the conference but has a casting vote (tie-breaking right) only in the event of a tie. In addition, advisory members, such as representatives of non-teaching staff or the school sponsor, have no voting rights, but may attend meetings and speak. Changes to the composition are only possible in accordance with state regulations.
Which resolutions of the school conference are subject to legal requirements and how must they be implemented?
All resolutions of the school conference must strictly comply with the applicable legal requirements. This includes, in particular, matters concerning the agenda, voting procedures, and the required quorum. The school conference may only make decisions on matters for which the school law or supplementary regulations expressly grant it decision-making powers. It is usually stipulated that the school conference decides by simple majority, unless a qualified majority is expressly required, such as for amendments to the school program or disciplinary measures. A quorum generally requires at least half of the voting members to be present. Minutes of the meetings must be drawn up and kept appropriately, for example in the school office. Violations of decision-making or procedural rules can result in resolutions being challenged and becoming null and void.
To what extent is the school conference legally obliged to maintain confidentiality regarding its deliberations?
The members of the school conference are generally subject to a statutory duty of confidentiality under the respective school laws for matters which are by their nature confidential or have been explicitly designated as such. This applies in particular to personal data, disciplinary measures, or deliberations that concern the school as an institution or its individual members in a special way. Breaches of this duty of confidentiality can have consequences under public service, employment, or regulatory law. In some federal states, it is also regulated whether and to what extent the content of deliberations may be communicated to the respective group representatives, whereby data protection regulations and the general right to privacy must always be observed.
What legal remedies are available in the event of disputes regarding school conference decisions?
If a member of the school community considers that their rights have been infringed by a school conference decision, or if a duly entitled member considers the resolution procedure to be unlawful, legal remedies can be exercised pursuant to the relevant school law provisions. As a rule, an objection procedure can first be undertaken with the responsible school board or supervisory authority. If no amicable agreement is reached, recourse can be had to the administrative courts. The administrative courts then review whether the contested decision violates higher-ranking law, particularly the school act, procedural requirements, or fundamental rights. Depending on the federal state, pre-procedural requirements, deadlines, or special formalities may apply.
Are meetings and minutes of the school conference subject to freedom of information law?
Access to meeting documents or minutes of the school conference is governed by the respective state regulations on access to information as well as data protection requirements. In principle, there is no automatic entitlement to full publication of all deliberations, since personal or confidential data may be concerned. Usually, only members of the school conference and entitled members of the respective school committees are entitled to inspect, while parents or students without a mandate but with a legitimate interest may submit a substantiated and, where necessary, limited application under transparency guidelines. Comprehensive publication is only permissible if there are no overriding interests worthy of protection.
What is the legal responsibility of the school conference in case of violations of school law provisions?
The school conference is bound by law and legal regulations. If it violates the relevant school law provisions, its resolutions may be challenged or annulled by the competent supervisory authority. This is particularly the case with exceeding its powers, irregular elections of committee representatives, or serious procedural defects, such as a lack of quorum or improper notice of meetings. The school management is obligated to ensure compliance with all relevant regulations and to report any deficiencies. Repeated or serious breaches of duty may also result in disciplinary review for individual participants.
To what extent can the school conference be obliged or excluded from participating in school decisions?
The school conference is responsible solely for the tasks conclusively listed in the respective school laws and ordinances. It may only act within the legally permitted remit and is fundamentally subject to the so-called parliamentary reservation of the state legislature. Decisions falling within the responsibilities of the school management, the teaching staff, or other committees such as the parents’ council or student council may not be taken over by the school conference. In specifically regulated cases, state laws require mandatory involvement or even final decision-making rights of the conference, for example, for resolutions on the school program, principles of performance assessment, or house rules — outside these legal provisions there is no legal obligation or right of participation.
