Definition and legal basis of the teachers’ conference
The teachers’ conference is a central body of school self-governance in schools in Germany. It is regulated by state education laws and supplementary regulations. The teachers’ conference serves the orderly formation of will and decision-making in pedagogical and organizational matters of the teaching staff. Its composition, duties, rights, and obligations are detailed in the respective education laws of each federal state as well as in implementing regulations.
Legal classification and function of the teachers’ conference
Legal basis
The basis for the teachers’ conference is found in the school laws of the federal states, for example in § 43 of the North Rhine-Westphalia School Act (SchulG NRW), § 69 Baden-Württemberg School Act (SchG BW), or § 41 Berlin School Act (SchulG Bln). There is no federal regulation; instead, the respective state laws and regulations, such as rules of procedure for teachers’ conferences, determine the specific structure.
Areas of responsibility
The teachers’ conference is primarily responsible for pedagogical and organizational matters in everyday school life. Typical tasks include, for example:
- Deciding on principles of educational and teaching work,
- Voting on teaching methods and performance assessment,
- Passing resolutions on measures for quality development,
- Participation in the development of the school program,
- Consultation in disciplinary measures against students,
- Suggestions or statements on important matters concerning the school.
The distribution of specific responsibilities may differ between the federal states. Some regulations also provide for sub-conferences (e.g., subject conferences or class conferences) with special responsibilities.
Composition and organization
Members of the teachers’ conference
The teachers’ conference generally includes all full-time and part-time teachers employed at the respective school. Members of the school administration usually attend meetings and often chair them. In some states and school types, trainee teachers may also participate in an advisory capacity.
Chairmanship and convening
The chair of the teachers’ conference is, in most state laws, held by the school administration. The conference is convened by the school administration or upon request by a certain number of teachers. The agenda is generally set jointly or by the school administration in consultation with the conference.
Passing of resolutions and voting procedures
The teachers’ conference generally decides by simple majority of the voting members present, unless another rule is prescribed. The voting procedure is governed by the respective rules of procedure. In sensitive matters, such as personnel issues, the vote may be taken by secret ballot. Resolutions of the teachers’ conference are binding for the school’s members.
Legal status and powers of the teachers’ conference
Self-governing body and authority to issue instructions
The teachers’ conference is a collegial body with extensive competence in internal school affairs. Within its area of responsibility, it is self-governing and subject to the requirements of the education law and legal supervision by the school authorities.
Distinction from the school administration
While the overall responsibility for the school lies with the school administration, the teachers’ conference, as a collegial decision-making body, is responsible for fundamental pedagogical work and the organization of teaching operations. In some areas, the school conference, the teachers’ conference, or the school administration have decision-making authority. This requires careful examination of the relevant state regulations.
Participation rights and co-determination
The teachers’ conference has significant rights to co-determination at the school. In particular, it plays an important advisory or decision-making role in school organizational matters, the development of teaching, teacher training, and the introduction of new forms of teaching. Depending on the state school law, participation rights are configured differently. Certain decisions, such as the introduction of special pedagogical projects, often require a resolution by the teachers’ conference.
Subdivision of the teachers’ conference: sub-conferences
Types of sub-conferences
In addition to the general conference of teachers, most state education laws provide for the establishment of sub-conferences, for example:
- Subject conferences: For discussing and deciding subject-specific topics.
- Year-level or grade-level conferences: For matters pertaining to individual year groups.
- Class conferences: For consultation and resolutions on issues relating to individual classes.
These sub-conferences are independent within their respective areas and have their own decision-making authorities, as long as these are not expressly reserved for the general conference.
Recording and effect of resolutions
Minute-taking
According to state legal requirements, minutes must be taken for every meeting of the teachers’ conference, which must be signed by the chair and the minute-taker. The record documents the resolutions and serves as proof of the proper formation of will. It is considered a school document and must be retained.
Binding nature and review of resolutions
The resolutions passed are binding for all members of the school unless they are unlawful or violate higher-ranking regulations. If there are doubts about the legality of a decision, it can be reviewed by the school supervisory authority. Teachers, students, or parents can contact the relevant bodies or authorities.
Data protection and confidentiality obligations
In the context of deliberations and resolution-making, members of the teachers’ conference are bound by data protection requirements, in particular the Federal Data Protection Act (BDSG) and the respective state data protection laws. Sensitive personal data, for example concerning students or teachers, must be treated confidentially. Members are subject to a confidentiality obligation, the violation of which may result in disciplinary consequences.
Legal remedies and supervision
The teachers’ conference is subject to state supervision of schools. This authority monitors compliance with legal requirements and can intervene in cases of dispute. Legal recourse may be pursued against measures or decisions that infringe on the rights of individuals; this includes, in particular, objections to the supervisory authority or administrative courts.
Summary
The teachers’ conference is a central legal body of school self-governance with significant competencies in both pedagogical and organizational areas. It is based on the state school laws, possesses far-reaching decision-making and participation rights, and is bound by the principles of collegiality, rule of law, and transparency. Its proper operation significantly contributes to the quality of school work and adherence to legal requirements. The exact structure varies due to federal differences, but basic principles and rights of the teachers’ conference are found in all state regulations.
Frequently asked questions
Who is authorized to participate in a teachers’ conference?
In principle, all teachers at the respective school who are members of the teaching staff are entitled to participate in and vote in a teachers’ conference. This includes both permanent and temporary staff as well as, where applicable, seconded teachers, as long as their employment at the school continues. Educational support staff, social pedagogues, and school administration members are also entitled to participate, though the extent of their involvement may vary slightly from one federal state to another. In special cases (e.g., conferences with an advisory function), external specialists, parent or student representatives without voting rights may be involved, provided this is provided for in the respective state regulations. Attendance requirements and voting rights are determined by the relevant state education law and the rules of procedure for the teachers’ conference in that state. If a member entitled to participate cannot attend, they must notify in advance in a timely manner.
What is the legal framework for holding teachers’ conferences?
Teachers’ conferences are subject to the legal regulations of the respective federal state. The basis for this includes, in particular, the school law of the respective state, supplementary administrative regulations, the rules of procedure of the conference, and any directives and guidelines issued by the competent education authority. Conferences must be held regularly, with proper notice, observance of invitation deadlines, and adherence to the agenda. Documentation of the outcomes (minutes) is legally binding. In addition, confidentiality must be observed regarding content and discussions—especially in cases involving personal matters. Non-compliance with legal requirements may make conference resolutions invalid.
How are resolutions of the teachers’ conference made legally effective?
Resolutions within teachers’ conferences are generally passed by majority vote of the voting members present, unless the school law or rules of procedure require a qualified majority or special forms (e.g., secret ballot in personnel matters). Voting can be open, secret, or conducted in another manner as specified by the rules of procedure. The ability to make decisions is an essential legal criterion: typically, a minimum attendance is required for valid decisions. This must be ensured at the beginning and during the vote. Invalid resolutions due to lack of quorum can be legally challenged. It is also important that the decision is properly documented in the minutes, which must be signed by the chair and, if applicable, a minute-taker.
What statutory co-determination or participation rights do members of the teachers’ conference have?
Members of the teachers’ conference have co-determination and participation rights regulated by the school law. This includes, in particular, participation in the pedagogical and organizational structuring of the school, such as developing school programs, introducing school-specific regulations, or advising on issues related to teaching and performance assessment. The law assigns teachers’ conferences, depending on the state, decision-making powers (binding decisions), rights to be heard (statements), and rights to information (information from the school administration). In some federal states, there are special bodies (e.g., subject or year-level conferences) with differentiated responsibilities. The exact scope and weight of co-determination rights are determined by the school law, conference rules, and, if applicable, the teacher staff representation law.
How is confidentiality regarding the content of the teachers’ conference regulated by law?
All participants in the teachers’ conference are subject to a strict confidentiality obligation regarding all non-public discussions and resolutions. This applies in particular to personal data of students or colleagues, as well as school organizational and strategic matters. The legal basis for this is not only the respective school law but also data protection law, above all the GDPR and the respective data protection laws of the federal states. Violations of the confidentiality obligation can result in disciplinary and labor law consequences, claims for damages, or even criminal consequences. In particularly sensitive discussions, participation may be expanded or restricted by decision.
Can a resolution of the teachers’ conference be legally challenged?
Resolutions of the teachers’ conference can be challenged under certain legal conditions if, for example, they were made unlawfully, violate higher-ranking law, the rules of procedure, or the rights of individual teachers. For a challenge to be effective, there must generally be proof of formal or material defects, such as failure to invite certain members, insufficient quorum, impermissible agenda items, or violations of participation rights. The challenge is generally made through an appropriate legal remedy or an official complaint, observing prescribed deadlines as regulated in the relevant school or administrative law. In serious cases, the lawfulness of a resolution may be reviewed and possibly overturned by the competent school authority.
What legal consequences arise from breaches of obligations within the framework of the teachers’ conference?
Breaches of obligations within the framework of a teachers’ conference (e.g., breach of confidentiality, misconduct in voting, or manipulation of minutes) can result in various possible legal consequences. These may range from disciplinary measures by the employer (such as reprimand, fine, transfer, or even dismissal from civil service) to civil and criminal liability, for example in cases of breaches of official secrets or data protection regulations. In addition, affected resolutions of the conference may become invalid if breaches can be proven to have unlawfully influenced the decision-making process. The specific sanctions are governed primarily by state law, labor law provisions, and, if applicable, civil service regulations.
