School Regulations

Definition and Legal Basis of the School Rules

Die School Rules are a central set of regulations in the school context, laying out the organizational, pedagogical, and legal framework for the operation of school life. They define behavioral standards, the organization of lessons, rights and duties of students, teachers, and other parties involved in school life. School rules serve to ensure an orderly and disruption-free school operation and are legally binding.

Legal Basis of the School Rules

The legal foundations for school rules exist on multiple levels. Primary legal sources are the school laws of the federal states or the respective state law in Germany. These laws grant schools the authority to issue their own internal regulations, which take into account local specificities and requirements.

General Provisions in Public Education

Das School law is largely determined by state law, meaning that every school is bound by the regulations of its particular federal state. The core regulations regarding school rules are based on the provisions of the Ministries of Education and the state implementing acts.

Essential aspects such as ensuring the quality of teaching, disciplinary measures, as well as participation rights of students and guardians, are regulated in detail in these laws. The school rules may not exceed the framework set by the relevant school law, but rather specify and supplement these requirements for the particular school.

Private Schools and their Regulations

Bei Private schools are additionally governed by private law, especially the school contract concluded between the school and the students, as well as the relevant state law requirements for approval and supervision of substitute schools. Even here, school rules must be legally compliant and must not unduly restrict the rights of the contractual parties.

Content and Structure of School Rules

Fields of Regulation

School rules typically contain regulations on the following topics:

• Organization of school operations (e.g. break times, access restrictions, canceled classes)
• Rights and duties of the school community (e.g. punctuality, proper conduct, compulsory attendance)
• Educational and disciplinary measures (e.g. measures in case of violations of the school rules, procedures for these)
• Participation and representative bodies (e.g. class conferences, student participation, parental representation)
• Procedures for complaints and conflict resolution

The exact design of these regulatory fields is usually a matter of the individual educational concepts of the school, but is subject to the General Equal Treatment Act and further statutory restrictions.

Form and Adoption

The creation or amendment of school rules regularly takes place on the basis of a binding voting procedure within the school. Often, the school management, teachers’ conference, student representation, and parent representation are involved. A legal prerequisite is generally a democratic decision-making process, which is to be documented in writing.

In some federal states, the school rules must also be approved or submitted to the responsible school authority or the school supervisory authority. The rules only take effect after proper publication to all members of the school community.

Legal Binding Effect and Enforcement

Binding Effect of the School Rules

School rules are directly applicable law for all members of the school community. They have internal binding force and constitute a concretized exercise of the school’s right to control its premises. Violations may be sanctioned according to the graduated measures provided in the school law. These measures range from educational interventions to disciplinary measures such as reprimands, exclusion from classes, or in extreme cases, expulsion from school.

Legal Remedies and Challenging Measures

Against measures taken on the basis of the school rules, those affected—especially students and their guardians—have legal remedies available. These include in particular:

• Objection procedure: Lodging a formal objection with the school management or the relevant authority.
• Judicial review by administrative courts: Applying for judicial legal protection if students feel their rights have been infringed by the school’s actions.

The legality of the school rules and their application is regularly verified by administrative courts. The benchmark is the compatibility with higher-ranking law, including fundamental rights, the respective state’s school law, and general provisions such as the principle of equal treatment.

Limits and Review of the School Rules

The regulations in the school rules may not disproportionately restrict the fundamental rights of those affected (e.g. freedom of expression, freedom of religion). Disproportionate or unlawful regulations are invalid. Furthermore, disciplinary measures must not be applied arbitrarily or in a discriminatory manner.

Special Aspects and Current Developments

Digitization and Data Protection

With the increasing digitization of school operations, modern school rules often include specific provisions on data protection, the use of digital devices, as well as the use of learning platforms and digital media. They must comply with the requirements of data protection law, in particular the General Data Protection Regulation (GDPR).

Inclusion, Equality, and Diversity

School rules are increasingly addressing issues of inclusion, equal opportunity, and protection against discrimination. They must comply with the General Equal Treatment Act (AGG) and state anti-discrimination legislation, and implement appropriate protective mechanisms.

Conclusion

The school rules are a central regulatory framework for shaping school life and the implementation of educational processes. They are based on the respective state school law, are legally binding within this framework, and are subject to legal limitations. Their effectiveness and legal certainty largely depend on their compliance with the law, democratic participation in their drafting, as well as transparency and appropriateness of their content. The school rules thus form the foundation of an orderly, legally secure, and fair school operation.

Frequently Asked Questions

Who is legally responsible for enacting and amending the school rules?

The enactment and amendment of school rules generally fall under the responsibility of the school authority (e.g. municipality, city, district, or federal state for public schools) in collaboration with the school management and the school participation bodies. The exact competence is determined by the respective state law, particularly the school law of the federal state. As a rule, the school management initiates the creation or revision of the school rules. The school conference, the highest decision-making body in the school, must approve the school rules. Overarching requirements such as the Basic Law, the state constitution, and the school law set binding framework conditions. The school rules must not violate or expand upon statutory provisions. Amendments to the school rules require the same legal procedure as the initial enactment, with the participation of all designated bodies to be ensured.

What legal requirements must be observed when drafting school rules?

The school rules must comply with superior law, particularly the Basic Law (e.g. fundamental rights such as the principle of equal treatment, freedom of religion), the state constitutions, and the relevant school law of the federal state. They are also subject to subordinate regulations, such as administrative regulations, decrees, and ministerial guidelines. The school rules may not contain provisions that contravene mandatory statutes or superior legal norms. In addition, the principle of proportionality must be observed: measures and rules must not generally exceed what is necessary. Procedural rights of the affected parties, especially of students and parents, must be strictly observed, such as rights to be heard and opportunities to file complaints.

The school rules are an internal school legal norm that is binding for all members of the school community. However, the rules become legally binding only through proper announcement. This usually takes place by posting on the “blackboard”, publishing on the school homepage, or providing a written copy to all students and parents. Proper and verifiable announcement is mandatory, as it is only through this process that members of the school are enabled to know and follow the applicable regulations. Violations of provisions that have not been announced, or have not been announced properly, cannot be sanctioned. Proper documentation of the announcement is important for legal review in the event of a dispute.

What legal remedies are available against individual provisions or the entire school rules?

Legal action can generally be taken against individual provisions or the entire set of school rules. Initially, the school’s own complaint procedures must be exhausted, for example by submitting a request to the class or student council, as well as the school management or school conference. If these procedures fail, a formal administrative complaint or objection can be filed with the relevant school supervisory authority. As a final resort, a lawsuit may be filed before the administrative court. The review focuses primarily on compliance with statutory requirements, proportionality, and the protection of fundamental rights. An application for interim relief is possible if the immediate application of a contentious provision is imminent.

What are the limits for sanctions imposed for violations of the school rules?

Legally permissible measures for violations of the school rules are conclusively regulated in the relevant state laws and regulations. Disciplinary measures such as warnings, disciplinary actions (e.g. written reprimand, exclusion from classes, or expulsion from school) are allowed but must always be proportionate, educationally justified, and suitable to correct the misconduct. There is a strict prohibition on linking with impermissible sanctions, i.e. physical punishment or degradations are just as prohibited as collective punishments. As part of a sanctioning procedure, the right to be heard for the affected students and, if applicable, parents, must be strictly observed. Every sanction must be documented and—in particular in the case of severe measures—be justified.

s play in the participation in the school rules?

Parents and students are legally required to participate in the shaping of the school rules as part of school committee work. In the school conference—in which, alongside teachers, elected representatives of students and parents are entitled to vote—they have the right to co-determination, in some cases also a right of veto if this is provided for in state law. This participation is not merely formal, but is a mandatory part of the legislative process at school. Violations of participation rights may affect the validity of the entire set of school rules or at least cast doubt on the legal effectiveness of individual provisions.

The direct applicability of the school rules is generally limited to the school environment—that is, to the school grounds and school events (e.g. excursions, work experience placements, class trips) and during school hours. Extending the rules to extracurricular conduct of students is only permissible in narrow, legally specified cases, for example, if conduct outside of school significantly disrupts school order or has a connection to school affairs (e.g. cyberbullying among classmates). Such rules require an explicit legal basis and are subject to particularly strict scrutiny for appropriateness and proportionality.