Concept and legal framework of the Fachoberschule
Die Fachoberschule (FOS) is an advanced type of school in the German education system and represents a significant part of upper secondary education (Sekundarstufe II). Its legal framework is defined by the respective provisions of the states (cultural sovereignty of the states), federal school law regulations, as well as various administrative regulations and guidelines. The aim of the Fachoberschule is to provide in-depth general education focused on specific subject areas, as well as theoretical and practical knowledge and skills, particularly preparing students for studies at a university of applied sciences (formerly Fachhochschule).
Position within the educational system
The Fachoberschule is subsequent to Sekundarstufe I and leads—depending on entry requirements and duration—within one or two years to the Fachhochschulreife. This generally entitles the holder to study at all universities of applied sciences in Germany and—depending on state law and university statutes—may also qualify as university entrance eligibility for certain university programs.
Historical development and statutory foundation
Origin and establishment
Fachoberschulen were established in the early 1970s to provide a systematically regulated pathway to Fachhochschulreife for graduates with intermediate school leaving certificates. Their introduction was based on the recommendation of the Standing Conference of the Ministers of Education and Cultural Affairs of the Länder in the Federal Republic of Germany (KMK), whose resolutions formed the basis for the structural and substantive design of Fachoberschulen in the respective state education laws.
Legal foundations
Essential legal foundations are found in the respective state school laws as well as implementing regulations and ministerial guidelines. The most important nationwide coordinated requirements for the structure of the Fachoberschule are based on the KMK Resolution on the Regulation of the Fachoberschule, particularly the “Framework Agreement on the Fachoberschule” (KMK, as amended several times).
Regulations under state law
Individual states have specific regulations regarding
- admission requirements,
- duration and organizational forms,
- curricula,
- final examinations and grading,
- recognition procedures for acquired qualifications,
which can lead to state-specific features. However, the qualification is recognized as equivalent nationwide.
Admission requirements for the Fachoberschule
The statutory admission requirements for the Fachoberschule are regulated in the school laws of the states and supplementary provisions.
General requirements
As a rule, an intermediate school leaving certificate (e.g. Mittlere Reife, Realschulabschluss) is required. In some cases, graduates of vocational training with relevant professional qualifications or corresponding work experience can be admitted to grade 12 of the Fachoberschule (so-called shortened form).
special admissions
Depending on the chosen subject area, further admission requirements may be imposed, for example in
- art-related,
- health-related, or
- socio-educational
fields.
Structure, organization, and study tracks
Duration and stages
The Fachoberschule generally has a two-year structure (grades 11 and 12). Grade 11 consists of a significant amount of practical vocational training (internship), while grade 12 is primarily school-based. If relevant vocational qualifications exist in the respective subject area, duration may be shortened to one year.
Subject areas
Typical subject areas according to the KMK Framework Agreement include:
- business and administration,
- technology,
- health and social affairs,
- nutrition and home economics,
- design.
The states may provide for further subject-specific differentiations.
Legal significance of the qualification: Fachhochschulreife
Scope of qualification
Upon successful completion, the Fachhochschulreife is awarded. This always consists of both a school-based and practical component. The legal regulation of recognition, issuance, and scope of the Fachhochschulreife is in accordance with state-specific requirements, but based on nationwide recognized standards.
Entitlements
The Fachhochschulreife generally entitles the holder
- to study at all public and state-recognized universities of applied sciences/Fachhochschulen (in accordance with the Framework Act for Higher Education and respective state higher education laws).
- Under certain conditions, it may also entitle the holder to study at universities, provided that the state higher education law allows for this.
Equivalence provisions and recognition
Nationwide equivalence of the Fachhochschulreife is ensured through coordination procedures among the states as well as recognition by universities and authorities. Again, the KMK Framework Agreement serves as the reference.
Examination regulations and qualification
Legal requirements for examinations
The examination procedures (scope, subjects, assessment, and repetition) are regulated by state-specific examination regulations and must comply with KMK resolutions. The final examination consists—depending on state law and subject area—of several written and, if applicable, oral exams.
Certificate
Upon successfully passing the final examination, a certificate of Fachhochschulreife is issued; its format and legal wording are strictly defined by state regulations.
Public oversight and sponsorship
Public and private sponsorship
Fachoberschulen may be operated by
- public school providers (state, municipalities)
- or private (recognized alternative schools, independent providers)
. The recognition of private providers obliges them to comply with the state’s legal framework as well as with government supervision.
Oversight and legal recourse
In principle, decisions of the Fachoberschule, for example relating to admission or rejection, are subject to legal recourse pursuant to the state-specific rules of administrative court procedure.
Significance and relationship to other types of schools
Comparison with other types of schools
The Fachoberschule is an independent type of school within Sekundarstufe II and differs from
- the vocational Gymnasium (three years, general university entrance qualification),
- the Berufskolleg (state-specific forms in Baden-Württemberg, North Rhine-Westphalia, etc.),
- as well as dual education programs.
Recognition in other European countries is subject to the respective foreign regulations; however, the Fachhochschulreife is often recognized as proof of university entrance eligibility.
Further regulations and relevance
Interfaces with employment and professional law
Successful completion of a Fachoberschule can serve as proof of higher educational qualification in a professional context and is often a prerequisite for taking up dual or school-based training programs with higher entry requirements.
Reforms and current developments
The legal bases and organizational forms of the Fachoberschule are the subject of ongoing educational policy discussions and adjustments to meet societal and economic needs (e.g., digitalization, permeability in the education system).
Legal sources and further literature
- State school laws and implementing regulations of the federal states (see respective state homepages)
- Framework Agreement on the Fachoberschule (KMK)
- Guidelines on subject areas and final examinations for Fachoberschulen (state requirements)
- Publications on university access with Fachhochschulreife (Higher Education Framework Act, state higher education laws)
Conclusion: The Fachoberschule is a legally independent, clearly regulated type of upper secondary education that provides a recognized pathway to Fachhochschulreife. Its legal framework is shaped by state-specific standards and nationwide coordinated requirements. The Fachoberschule fulfills an important function in the German education system by promoting permeability between general and vocational education and facilitating access to advanced academic qualifications.
Frequently Asked Questions
Who is legally entitled to attend a Fachoberschule?
Admission to a Fachoberschule generally requires an intermediate school leaving certificate (e.g., Realschulabschluss or an equivalent qualification). Applicants must also usually provide proof of prior, relevant vocational training or practical experience, whose type and extent are regulated by the respective state’s school regulations. In some instances, a written confirmation of a pre-internship or evidence of relevant professional experience is required. In certain states, exceptionally qualified graduates of vocational schools or trainees with a qualifying diploma may be admitted directly. Admission requirements are bindingly regulated in the relevant state school laws and regulations and must be reviewed by school administration prior to enrollment.
What legal regulations apply to the compulsory internship at Fachoberschulen?
A compulsory internship or practical activity is mandatory at Fachoberschulen, the exact duration and structure of which varies by state and subject area. This obligation is detailed in state school laws and supplementary implementation regulations. The internship must be completed in recognized business, social, or technical institutions whose suitability is checked by the school. During the internship, provisions of the Youth Employment Protection Act, the Federal Leave Act, as well as specific rules regarding accident and liability insurance for student interns apply. Graduation from the Fachoberschule is not legally possible without proper completion and documentation of the required internship.
How is the legal recognition of the Fachhochschulreife, obtained at a Fachoberschule, regulated?
The certificate of “Fachhochschulreife” earned at a state-recognized Fachoberschule enjoys nationwide recognition in accordance with the statutory provisions of the relevant state school law. This is ensured by intergovernmental agreements of the Conference of the Ministers of Education and Cultural Affairs (KMK), ensuring access to Fachhochschulen and equivalent higher education institutions in all federal states. In some cases (e.g., for private Fachoberschulen), recognition of the qualification must be confirmed by a government agency or via a certificate recognition procedure. The specific requirements are set out in the recognition and transfer provisions of the states.
What legal obligations do guardians of underage students at Fachoberschulen have?
Guardians of underage students remain subject to compulsory school attendance, which continues to apply in connection with attendance at a Fachoberschule unless it ends due to the achievement of a certain age or qualification—this varies by state legislation. They are required to ensure regular and punctual school attendance and that their child completes the required internships. In cases of unexcused absences, guardians can, according to school law, face administrative proceedings, fines, or in severe cases, coercive measures.
What legal provisions apply to grading and examination regulations at Fachoberschulen?
Assessment and grading at Fachoberschulen are governed by the respective state school law and specific examination regulations. These regulations bindingly set the types, number, weighting, and procedures for performance assessments (e.g., written tests, oral exams, projects). Final examinations are carried out according to state-wide standards and are subject to the four-eyes principle and the obligation to keep records. In the event of irregularities or legal objections to assessments or examination procedures, affected individuals have the right to appeal, which is handled according to the administrative procedure laws of the states.
What regulations exist regarding premature termination or school transfers?
Premature withdrawal or transfer from the Fachoberschule is subject to the provisions of the relevant school regulations and statutory requirements for compulsory schooling. Generally, changing schools requires the consent of the receiving school and, if necessary, equivalency recognition of previous academic performance based on an equivalency table or a placement test. Particularly in the case of transfers between states, recognition of prior school attendance is required, which is based on the Federal Expellees Act, administrative school regulations, and municipal regulations regarding student admissions.
How is data protection at Fachoberschulen regulated by law?
The processing of personal data at Fachoberschulen is subject to state-specific school data protection laws as well as the EU General Data Protection Regulation (GDPR). The collection, storage, processing, and transfer of student data is only permitted within the limits of statutory authorization, for example, to transmit grades, for administration, or statistical analysis. Data subjects have the right to information, correction, and, within the scope of the law, deletion of personal data. Violations of data protection regulations are sanctioned by authorities and can result in fines.
