Definition and Legal Nature of the Realschule
Die Realschule is a secondary type of school within the general German education system. It is assigned to lower secondary education (Sekundarbereich I) and usually leads to the intermediate school certificate (Mittlere Reife, Realschulabschluss) upon successful completion. The legal framework, responsibilities, and organization of the Realschule are essentially governed by the education laws of the respective federal states within the German federal education system. Thus, the Realschule plays a central role in German education law.
Legal Basis of the Realschule
Regulations under State Law
The Realschule is regulated by school law provisions in all 16 federal states. The respective state school laws (e.g., School Law for the State of North Rhine-Westphalia, Bavarian Law on Education and Instruction) regulate the existence, organization, and curriculum of the Realschule. The specific design – name, admission requirements, and duration – therefore varies according to each state.
In states such as Bavaria, Baden-Württemberg, and North Rhine-Westphalia, classic Realschulen exist as independent types of schools, while in other federal states (e.g., Hesse, Berlin), educational pathways with Realschule-equivalent certificates are offered as part of integrated comprehensive schools. The state-specific framework conditions determine the binding timetables, performance requirements, and graduation options.
Constitutional Requirements
According to Article 7 of the Basic Law school supervision lies with the state. However, in Germany, the legislative authority for the school system is a matter for the federal states according to Articles 30 and 70 of the Basic Law, which is why the organization of the Realschule differs within the federal school system.
Legal Status of the Realschule in the German School System
Structure and Function in the Education System
The Realschule is part of the tripartite school system, consisting of Hauptschule, Realschule, and Gymnasium (§ 7 SchoolG NRW; Art. 7 BayEUG). It serves advanced general education and particularly prepares students for career-oriented educational pathways and transitions to further schools (such as technical secondary school or Gymnasium). The equivalence and permeability of the school system must be legally guaranteed.
Tasks and Objectives
The specific tasks of the Realschule are defined in the state laws and school regulations. These include providing an extended general education, promoting independent learning, and preparing for the requirements of the professional world or higher education.
Admission and Transfer Regulations
Admission Requirements
The legal requirements for attending a Realschule are regulated in the school law of the relevant federal state. Typically, a specific recommendation after grade 4 or a certain grade point average is required for admission. Exceptions and hardship cases are decided by school catchment areas and, if necessary, appeals boards.
Transfers and Transitions
German school law ensures the possibility of transferring between types of schools under certain conditions. The transition from Realschule to Gymnasium, technical secondary school, or other types of schools is made possible by special regulations and transfer rules; these stipulate which achievements and examinations are recognized.
School Organization, Instruction, and Examination System
Curriculum and Timetable Regulations
The organization of the Realschule is determined by timetables, framework curricula, and regulations issued by the state ministries of education. The respective curricula define which subjects and content are to be taught compulsorily. The school supervisory authority monitors their compliance.
Examinations and Graduation
Regulations on final examinations, requirements, examination boards, and grading are stipulated in the relevant regulations (e.g., training and examination regulations) of the federal states. Upon passing the final examinations, the intermediate school certificate (Mittlere Reife, Realschulabschluss) is awarded, which entitles the holder to enter certain vocational training programs or attend further schools.
Rights and Duties of Parties Involved
The legal status of students, parents, and teachers at the Realschule is regulated in the school law and school regulations. This includes participation rights, school involvement committees (school conference, class parent committee), rights of involvement, and obligations such as compulsory school attendance (§ 41 SchoolG NRW).
Special Forms and Developments
Cross-type School Models
In addition to traditional Realschulen, some federal states have Realschulen plus (e.g., Rhineland-Palatinate) or secondary schools, in which Realschule and Hauptschule programs are combined. The legal foundation for these types of schools can be found in the corresponding regionalization laws or regulations.
Private and Substitute Schools
Realschulen can also be run by private sponsors. The legal basis for this is Article 7 paragraph 4 of the Basic Law. State approval and compliance with the equivalence requirement (§ 118 SchoolG NRW; § 90 BayEUG) are decided by the relevant school supervisory authority. Upon recognition, there is an entitlement to financial support according to the respective state law.
Supervision, Financing and Sponsorship
School Supervision and Sponsorship
The Realschule is subject to state supervision, which extends to academic, administrative, and legal aspects. The sponsor is generally the public school authority (e.g., municipality, district); in the case of private schools, it is the private sponsor, who must demonstrate the necessary capacity and reliability.
Financing
The financing of public Realschulen is carried out through the budgets of the states and municipalities. Private substitute schools, depending on recognition and state law, are refinanced by the state (e.g., according to the Private School Act in Baden-Württemberg or funding regulations according to BaySchFG).
Reforms and Legal Developments
As part of education policy in recent decades, classic Realschulen in some federal states have been further developed into integrated types of schools or merged with other educational pathways. The willingness for legal reform in the states is reflected in the current amendment acts and new school models . Furthermore, legal debates regarding permeability, educational standards, and equivalence of the different school qualifications remain central issues for the school system.
Summary
The Realschule is a school type in the German lower secondary sector regulated in detail by law. Its organization, its function in the school system, the framework conditions for admission, transitions, and graduation, as well as its special legal status as a public or private substitute school, are subject to mandatory German education law provisions. Within the framework of cooperative federalism, the state parliaments determine the legal framework of the Realschule and its variants in accordance with constitutional principles. Thus, the Realschule remains an important part of the German educational landscape and a central subject of school law.
Frequently Asked Questions
What legal requirements must be fulfilled for admission to a Realschule?
Admission requirements for a Realschule in Germany vary by federal state and are governed by specific legal provisions. Generally, successful completion of primary school is required, with the recommendation from the primary school being decisive. In most states, teachers recommend an appropriate further educational path (Hauptschule, Realschule, Gymnasium) based on the child’s performance and learning development. The school law of each state stipulates whether parents must agree to this recommendation or whether they have the right to object or request a trial lesson. Additionally, rules regarding capacity and the school’s catchment area apply: When places are limited, a selection process based on legally prescribed criteria (e.g., siblings, proximity to residence, lottery) often applies. For lateral entrants, such as those transferring from Gymnasium or Hauptschule, there are also legally defined requirements, such as certain grade point averages or evidence of relevant knowledge.
Is it legally possible to transfer from the Realschule to other types of schools?
A transfer from the Realschule to other types of schools – such as Hauptschule, Gymnasium or vocational college – is, within the framework of the respective state education and school laws, generally possible but is subject to specific legal requirements. For a transfer to a Gymnasium, a certain grade average in the Realschule report card is usually required. The school laws set out minimum performance standards, registration deadlines, and the requirements for any trial period. Transfer to the Hauptschule is possible in many states, especially if the performance requirements of the Realschule cannot be met; this often requires a legal hearing and consent from the guardians. There are also state-specific special regulations for transition to vocational schools or technical secondary schools after successful completion of the Mittlere Reife.
What legal provisions apply to promotions and retentions in the Realschule?
Promotion and retention at Realschulen is detailed in the respective state school law and supplementary administrative regulations. The crucial rules are the legal promotion regulations, which specify under what conditions students may advance from one grade to the next. This is usually based on annual grades and, if applicable, special examination achievements. In cases of non-promotion, parents have the right to a written justification and, where applicable, to appeal and request a review of the decision. Some states also provide for a retake exam or a so-called “summer course” to avoid repeating a grade. All decisions must be made in writing and include a formal notice of legal remedies.
Under what legal conditions can a student be expelled from the Realschule?
A school exclusion (admonition or permanent expulsion) is always the last resort and is subject to strict legal requirements. The basis is the respective school law and the associated school regulations of the federal state. Before an expulsion, a comprehensive hearing of the student and their legal guardians is legally mandatory (see, for example, § 53 SchoolG NRW). It must also be reviewed whether a milder measure would be sufficient (so-called “principle of proportionality”). Grounds for exclusion may include serious misconduct, major disturbances to school peace, or repeated severe violations of school rules. Depending on the severity, the exclusion may be temporary or permanent. Every decision must be issued in writing, including a notice of legal remedies informing the student of the right to object to the measure or to appeal before the administrative court.
What are the legal regulations regarding compulsory schooling at the Realschule?
Compulsory schooling is governed by the laws of the individual states and usually begins at the age of 6. In Germany, statutory full-time compulsory education applies, which is binding for the Realschule as well. The duration of compulsory schooling is regulated by state law and usually lasts nine or ten years. During this time, pupils are required to attend classes and mandatory school-related activities regularly and punctually. Violations of compulsory schooling can result in regulatory offenses and are subject to fines. Exemptions or leave are only permitted for legally recognized reasons (e.g., illness, special family events) and require a written request to the school administration.
Who is liable for accidents and damages during attendance at the Realschule?
Liability is governed by the statutory provisions of Social Code Book VII and the respective state school laws. Pupils are insured under the statutory student accident insurance (usually through the municipal accident insurance fund) while at school, on the way to school, and during school events. If an accident occurs during school activities, the insurance covers medical treatment and, if applicable, additional consequential costs. Parents are only personally liable if there is proven intentional or grossly negligent breach of their supervisory duties. Property damage to school property by students is dealt with under the Civil Code (BGB) and may result in claims for compensation if caused intentionally or by negligence. All damage and accident reports must be submitted immediately to the school administration so that the legally required procedures can be initiated.
What are the legal entitlements to special educational support at the Realschule?
The entitlement to special educational support is enshrined in the respective school laws and the Social Code Books (particularly SGB IX). Pupils with an officially determined need for special educational support have a legal right in most federal states to appropriate assistance and support, either inclusively within the Realschule or in special support institutions. The determination of need is carried out through a formally regulated procedure involving multiprofessional teams. Parents have the right to participate in the process and to appeal decisions. Depending on the state, there is also the possibility of inclusive education, in which students with and without special educational needs are taught together; this is possible at Realschulen upon parental application and following a review under school law.
