Term and legal framework of the Fachschule
Die Fachschule is a vocational school in the upper secondary sector (Sekundarbereich II), which occupies a unique legal position within the German education system. Fachschulen offer further education, primarily to individuals with completed vocational training and work experience, and lead to state-recognized qualifications. The following provides a detailed legal explanation and classification of the term.
Legal Basis of the Fachschule
Federal Regulations
The fundamental legal framework for Fachschulen is set out in the Vocational Training Act (BBiG), in the school law of the respective federal states as well as in the Fachschule Ordinance (FSVO) or corresponding regulations of the federal states. The Standing Conference of the Ministers of Education and Cultural Affairs (KMK) has established “framework agreements for Fachschulen” that coordinate minimum standards nationwide.
Das BBiG regulates continuing education in § 54, while, under the German Basic Law Art. 30, 70 GG, the responsibility for the organization of schools lies primarily with the federal states. This results in a federal structure in the area of Fachschulen.
State Laws and Administrative Provisions
The detailed design of Fachschulen is regulated in state-specific Fachschule laws, school laws and specific regulations (e.g., Fachschule Ordinance) . These contain, among other things, provisions on admission, training, and examination requirements as well as on qualifications and recognition.
Definition and Functions of the Fachschule
A Fachschule is to be understood as a continuing education institution , the function of which, according to KMK, is to train skilled workers with professional experience to take on expanded and higher-level tasks in their respective fields. The goal is to provide a higher-level professional qualification that builds on an already acquired vocational qualification and several years of work experience.
Admission Requirements and Conditions
The admission requirements for a Fachschule are regulated similarly nationwide:
General Requirements
- Completed vocational training in a relevant occupation
- Work experience usually of at least one year after completion of vocational training
- Intermediate school leaving certificate or an equivalent level of education
Recognition of Occupational Fields
State recognition procedures determine which professions and qualifications grant access to which types of Fachschulen. The competent authorities are the respective ministries for education and culture of the federal states.
Specializations and Courses at the Fachschule
Fachschulen are divided into different subject areas according to the KMK framework, including:
- Technology (e.g., schools for technicians)
- Business
- Social work
- Design
- Agricultural sciences
- Nursing and health
The courses conclude with a state examination, which is legally monitored and regulated by state ordinances.
Degrees and Qualifications Earned Through Fachschulen
State-certified qualification
Graduation from a Fachschule leads to titles such as State-certified technician, State-recognized educator or similar qualifications. These titles are legally protected and may only be used after successful completion of the state examination and in accordance with the relevant legal requirements.
Equivalence and Level
Fachschule qualifications are, according to the German Qualifications Framework (DQR), at level 6 and are thus equivalent to a bachelor’s degree, though not identical in nature. The corresponding European Qualification Framework (EQF) guidelines are also applied here.
Recognition and Legal Status of Fachschulen
Fachschulen may be under public or private sponsorship . Recognition as a Fachschule is granted exclusively by the competent state authorities, based on the respective state regulations. The legal status distinguishes between:
- State Fachschulen
- State-recognized or approved private Fachschulen
Authorization and Supervisory Procedures
Recognition as a Fachschule requires compliance with specific requirements regarding teaching staff, facilities, curricula, and timetables. These requirements are verified in special administrative procedures. The management and sponsorship of such schools are subject to regular state supervision.
Examination Law and Legal Framework of Examinations
Final examinations at Fachschulen are conducted in accordance with the examination regulations of the respective federal state and are a matter of public law. They include state examinations with their own examination law, possibilities for appeal and objections, as well as oversight by administrative courts in cases of dispute.
Professional Rights and Further Entitlements
Certain Fachschule qualifications are associated with professional rights, such as the right to use protected professional titles, authorization as a responsible person under public procurement law in the skilled trades, or the entitlement to university admission (§ 18 Higher Education Act of the federal states).
Distinction from Other Educational Institutions
Within the German education system, Fachschulen are legally distinct from vocational schools, vocational colleges, technical secondary schools, vocational secondary schools, and universities. The distinction is based on entry requirements, target groups, course content, and the legal consequences of qualifications.
Summary
According to German law, Fachschule is an institution for vocational further education, shaped by specific statutory and regulatory frameworks. Admission and graduation are clearly regulated, qualifications are classified at DQR level 6 and, in many cases, allow access to further educational paths or the attainment of protected professional titles. Recognition, organization, and supervision of Fachschulen are carried out at the state level, while nationwide standards are ensured through KMK agreements. Thus, the Fachschule represents a central element of vocational further education and qualification in the German education system with far-reaching legal implications.
Frequently Asked Questions
What legal admission requirements must be met to attend a Fachschule?
Admission to a Fachschule is governed nationwide by the respective state law, as the German education system is organized federally. In general, the legal framework requires applicants to provide proof of an intermediate school leaving certificate (e.g., Realschule certificate or an equivalent educational qualification) as well as completed relevant vocational training and, where applicable, a certain period of relevant work experience. The specific requirements may vary depending on the specialization or the desired qualification. The legal provisions can be found in particular in the relevant state education laws and Fachschule ordinances. These often also include special regulations, for instance, for career changers or for career advancement training. If you do not meet the formal requirements, it is in certain cases possible to gain access via equivalent recognized professional qualifications; in such cases, a corresponding notification of recognition from the school authority is usually required.
Is attending a Fachschule legally counted as school education or as vocational further education?
Fachschulen are classified under German law as institutions of vocational further education, as stipulated in § 2 of the Vocational Training Act (BBiG) and the relevant state law (in particular, in the relevant state education laws). In contrast to vocational schools, which primarily serve initial training, Fachschulen aim to enable already qualified professionals to obtain further qualification at a higher level, especially for leadership or specialized tasks. As a result, attending a Fachschule does not constitute initial school-based training within the meaning of the SGB VIII; thus, it cannot be counted towards the 12-year compulsory schooling requirement unless there is an explicit state-level regulation. Students of Fachschulen are usually no longer considered “students in the sense of child benefit law” under the German Income Tax Act (EStG), which may be relevant for social welfare benefits.
What legal regulations apply to examinations and qualifications at Fachschulen?
Examinations and qualifications at Fachschulen are governed by the state education laws and specific examination regulations for Fachschulen. Legally, it is required that the content, examination formats (written, oral, practical), assessment criteria, and possibilities for repetition are stipulated in a binding manner. In most cases, successful graduates receive a state-recognized qualification (e.g., state-certified technician, business administrator) confirmed by an official certificate. Many qualifications are also regulated nationwide, so that they are recognized throughout Germany (§ 40 BBiG, § 54 BBiG and the respective state regulations). Graduates who do not pass an examination and thus do not successfully complete the Fachschule usually have a statutory right to at least one resit.
Is attending a Fachschule subject to fees by law?
Fee regulations for Fachschulen are governed by state law and vary considerably. In many states, state-run Fachschulen are free of charge, meaning no tuition is charged, though costs for teaching materials, examinations, or excursions may be required by legal or administrative provisions. Private Fachschulen have their own fee regulations, which are based on civil law (German Civil Code, BGB). State regulations do not preclude special fees being charged even at state-run schools, e.g., for additional certificates. The legal basis is the relevant state university or school law and the ordinances based on it.
What legal entitlements exist to BAföG or other support for attending a Fachschule?
Receiving support under the German Federal Training Assistance Act (BAföG) is generally possible for students of Fachschulen, provided the respective type of Fachschule and the chosen course (e.g., Fachschule for social pedagogy or technology) are recognized as eligible for funding according to Annex 1 to § 2 paragraph 1 BAföG. Usually, only full-time courses are eligible for funding. The legal claim to support includes payments for living expenses as well as, where applicable, necessary costs for learning materials, travel, or accommodation. In addition to student BAföG, certain types of further or continuing education at Fachschulen (e.g., for technicians, master craftspeople) may entitle students to benefits under the Upgrading Training Assistance Act (AFBG, also known as “Meister-BAföG”). The respective application requirements are strictly regulated and are reviewed individually by the relevant authorities (e.g., the Office for Training Assistance).
Is there a legal entitlement to a place at a state-run Fachschule?
There is generally no legally binding entitlement to a place at a state-run Fachschule if the school’s capacity is exhausted. The allocation of school places is primarily determined by the state admission criteria set out in the relevant ordinances (such as the Fachschule Ordinance). Typical selection criteria include the average grade in the final certificate and relevant work experience. In some states, a lottery is used in the event of excess demand. Applicants can, however, demand a transparent and legally compliant selection process. Discrimination-free criteria must be observed; otherwise, legal claims exist against the school authority according to Art. 3 GG (principle of equal treatment).
Are Fachschule qualifications legally equivalent to university degrees?
Fachschule qualifications are, as a rule, not academic degrees and are therefore not legally equivalent to bachelor’s or master’s degrees from universities. However, under the German Qualifications Framework (DQR) and the European Qualifications Framework (EQF), these qualifications are classified at level 6 (e.g., for state-certified technicians or business administrators), which is identical to the level of a bachelor’s degree, but without the conferment of an academic degree. Fachschule qualifications are also legally recognized in cases where they grant expanded access to universities: according to state higher education provisions, successful graduation from a Fachschule can, in certain cases, entitle the holder to university entrance for a related (subject-specific) course of study. Access to universities is regulated by state law; there is generally no entitlement to admission to any specific course of study.
