European Agency logo - yellow half circle with small squares cut out
Austria National pages: | back to National Overview |

LEGAL SYSTEM 


Early Intervention
The Austrian system for early intervention is based upon the 9 different Provincial Disability Acts. Hence, there is no uniform federal legal approach. In most Austrian provinces, those children receive early intervention who have been classified to 'present or to be in danger of developing' disabilities. In some provinces (e.g. Styria), early intervention can also be sought through the Youth Welfare Act, in case the family environment can harm the development of the child (e.g. drug abuse, violence, negligence). Early intervention is, apart from some exceptions, organised by regional institutions of early intervention (NGOs).

Kindergarten
The kindergarten system is within the provinces' jurisdiction (except for the training of kindergarten teachers). Thus, each province decides whether children with extra educational needs receive support of inclusive education in mainstream kindergartens or in remedial kindergartens. Lack of clarity in the definitions of disability and the allocation of competences concerning the inclusion of children with disabilities and the whole kindergarten system in the individual provinces have resulted in very different rules for implementing inclusion in kindergarten. Apart from the public kindergartens, there are also several private institutions, for example, denominations, or associations, who provide kindergarten spaces. Since in Austria there is no legal right to a kindergarten space, there is no guarantee that children with disabilities are accepted in kindergarten either.

Detailed information on legal regulations of pre-school support can be found on the information platform of Eurybase:
www.eurydice.org/portal/page/portal/Eurydice/DB_Eurybase_Home

Compulsory School
A concise overview of the Austrian educational system and its development is also provided in English by the Ministry for Education, the Arts and Culture:
http://www.bmukk.gv.at/enfr/school/index.xml

Compulsory School for Children with Special Educational Needs
Since 1993 children with special educational needs have been legally entitled to attend primary school. Through the 1996 amendment of the School Organisation Act, this option was also extended to lower secondary education (10 to 14-year-olds).
www.bmukk.gv.at/schulen/bw/abs/Sonderpaedagogik1612.xml
www.cisonline.at

The legal encompassment of the inclusion of children and adolescents with special educational needs (SEN) has modified our school system decisively. Mainstream schools have been obliged since then to take organisational and didactical measures to meet the special needs of these children at school.

Parents have the free choice of sending their children to a special school or to a mainstream school. Based on special needs opinions, the District School Board (District School Inspector) decides whether special educational needs are allocated to a child.

Job Orientation and Preparation at the End of Compulsory Education
After eight years of compulsory school, adolescents can choose between attending a pre-vocational school, a general or technical and vocational school of higher secondary education.

The curriculum of pre-vocational school includes aspects of general education and information on different occupations with specific contents. Pupils can also choose an area of specialisation and gain theoretical and practical experiences in workshops. To this end, co-operation with local companies is sought. As a consequence, many adolescents get an apprenticeship for the year to come while they are still in school.

A pilot project is to be launched at pre-vocational school for pupils with special educational needs because there is still no legal framework for inclusion for this type of school. In Vienna, many pupils who had enjoyed inclusive education in pre-vocational school have already successfully graduated there.
http://pts.schule.at/index.php?TITEL=Lehrplan&kthid=3499

Provisions at Special School
Job orientation and preparation is an essential component of working with adolescents with learning disabilities or severe disabilities at the end of their compulsory schooling. For about 10 years, special schools have been providing ever more programmes for job preparation which have proved very successful. Due to this success, the subject 'job orientation' has been incorporated in the curricula of special school, and the separate curriculum 'job preparation year', which can be adapted individually to the needs of the adolescents, has been developed for the ninth grade. More information in German can be found at:
www.cisonline.at/lehrplaene/berufsvorbereitungsjahr.html

Clearing ' A Link between School and the Labour Market for Adolescents with SEN
Thanks to a national support programme provided by the Social Services Offices  in co-operation with the Provincial School Boards and the School Board of Vienna, a national Clearing concept has been developed that is implemented in the provinces by private organisations. Specially trained experts closely collaborate with parents, teachers, and pupils to find the best possible career for adolescents with an impairment or disability. The 'Clearing' process starts with the preparation of a profile of the adolescent's strengths and weaknesses, describes his or her interests, wishes and needs for further training and aims at a close co-operation between school and the regional labour market. An evaluation report on these measures is available on this website in German:
www.bmsk.gv.at/cms/site/attachments/5/3/2/CH0055/CMS1057914735913/clearing_evaluierung_2006.pdf

Vocational Training
In Austria, vocational training (apprenticeship) is provided in a dual form: adolescents work in companies and learn their occupation there in a way that is practical and oriented towards a goal. In addition, they receive about 10 weeks of fundamental theoretical training at a vocational school.

Pupils with special educational needs can take the final training exam after a longer apprenticeship (prolonged by max. 2 years) or go for a partial qualification. In case of a partial qualification, which means one to three years of training, adolescents learn parts of a skilled trade in their training company and at vocational school. The contents, goals and time of the partial qualification are individually defined.

This form of inclusive occupational training goes hand in hand with the inclusive occupational training assistance. More detailed information in German:
www.bmsk.gv.at/cms/site/attachments/6/9/7/CH0062/CMS1057915462370/rl_berufsausbildungsassistenz.pdf

Programmes Provided by the Public Employment Service Austria (AMS), the Social Services Office, and Private Aid Organisations

Courses
In the individual provinces courses are provided for adolescents with learning and/or behavioural disabilities, who are not 'disabled' with regard to the provincial regulations, but have problems finding work. Low average of school graduation, no graduation at all, or lack of so-called 'soft skills' are often reasons for long-term unemployment.

Companies
Some companies provide supported employment. Despite this provision, the companies' competitiveness has to be upheld, even if employees with disabilities are paid according to the bargained collective contracts.

Job Assistance
Adolescents who have already completed job preparation programmes can receive support from job assistants to find a job, and are provided with individual support to be integrated at their place of work if required. Adolescents are thus supported in case of problems or crisis situations directly in their company.

Work Projects
Private organisations' work projects provide assisted employment. However, they do not have the legal status of employment (with all rights inherent to an employee). The association 'Lebenshilfe' (life aid, translator's note), for example, is an organisation for people with severe disabilities who cannot find a job on the primary labour market. Even if their productivity is strongly reduced people with disabilities can make their contribution to society on the labour market, for example, by making certain products for companies in small groups and under supervision. They receive pocket money or insurance services for their performance. Occasionally, adolescents or adults even manage to find a job on the primary labour market after having gained experience through a work project. This is, however, rarely the case. The association 'Lebenshilfe' also provides diverse forms of assisted living, and offers training programmes for an autonomous life.

The Federal Ministry for Social Affairs and Consumer Protection and the Social Services Offices provide a database containing provisions for integration in the labour market in German:
www.wegweiser.bmsk.gv.at/
 

National Overview information from other countries

Austria
Belgium Flemish
Belgium French
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Iceland
Ireland
Italy
Latvia
Lithuania
Luxembourg
Netherlands
Norway
Portugal
Poland
Spain
Sweden
Switzerland
United Kingdom
top  
  page last updated on: 28 Nov., 2007