LEGAL SYSTEM
The development of the education system of the Federal Republic of Germany differs from other European Countries, due to the unification of East and West Germany.
In order to bring about German unity in the area of culture, education and science, the Unification Treaty (Einigungsvertrag) concluded between the Federal Republic of Germany and the GDR on 31 August 1990 contains fundamental provisions which aim to establish a common comparable basic structure in education - particularly in the school system. In relation to special education, this presented a huge challenge as two diverse systems had to grow together.
The unification of the two German states in October 1990 brought changes to the party political scene. According to the constitution of the Federal Republic of Germany, known as the "Basic Law", Grundgesetz, the text of the constitution now reflects the fact that, with the accession of the GDR, Germans have regained their unity:
"to achieve in free self-determination the unity and freedom of Germany", Grundgesetz für die Bundesrepublik Deutschland vom 23.05.1949 (BGBl. 1949,1,S. 1), zul. geänd. durch Gesetz vom 27.10.1994 (BGBl.I 1994,75,S. 3146)
As of the 3rd October 1990 the Basic Law is binding upon the whole German nation.
Development in the different Länder of Germany is diverse. Each Land has its own responsibility, including individual legislation according to the guidelines of the Basic Law, which is the framework for the education system. Responsibilities are determined by the Federal structure of government. Each Land has its own responsibility, including individual legislation following the the Basic Law. The KMK (Standing Conference of the Ministers of Education and Culture Affairs of the Federal Republic of Germany) has produced a framework of agreement to preserve the independence of each Land (Sovereignty of Culture "Kulturhoheit"). Educational legislation and administration of the education system are primarily the responsibility of the Länder.
The Basic Law (Grundgesetz) is the framework for the education system. The responsibilities are determined by the federal structure of government. The exercise of governmental powers and the fulfilment of governmental responsibility is incumbent upon the individual Länder as far as the Basic Law does not provide for or allow for any other arrangement. Educational legislation and administration of the education system are primarily the responsibility of the Länder. This particularly applies to the school system, higher education and the continuing education sector. Under the Basic Law and the constitutions of the Länder, the entire school system is under the supervision of the State. Schools are, as a rule, institutions of the local authorities or the Länder, and higher education institutions are institutions of the Länder. In addition, there are church-run or privately run schools and institutions of higher education.
The right of disabled children to education and training appropriate to their needs is enshrined in the Länder constitutions and more detailed provisions are set out in the educational legislation of the Länder.
The Ministries of Education, Cultural Affairs and Science in the Länder are the highest authorities responsible for education, science and culture. Their scope of responsibilities generally includes schools, higher education, libraries, adult education, arts and culture in general, relations between the state and religious or ideological communities, local history and the preservation of monuments and sites and in some Länder also sport and youth welfare.
The Ministries of Education, Cultural Affairs and Science develop policy guidelines in the fields of education, science and the arts, adopt legal provisions and administrative regulations, co-operate with the highest authorities at national and Land level and supervise the work of authorities under their responsibility and of subordinated bodies, institutions and foundations. To assist the ministries in their work the Länder have established their own research institutes for school education, higher and continuous education.
The Ministries of Education and Cultural Affairs are headed by a Minister (in Berlin, Bremen and Hamburg: a Senator) who is answerable to Parliament. The Minister is usually represented by a State Secretary (Staatssekretär/-sekretärin) or Director-General. In ten of the sixteen Länder, separate Ministries responsible for science and research have been established.
The Ministries of Education, Cultural Affairs and Science have their own sections, departments and groups just like any other ministries. The allocation of specific responsibilities to the various organisational units is partly attributable to local developments and partly to ideas on cultural policy. But for all their differences, the responsibilities of the Länder ministries are corresponding and their forms of organisation comparable.
In 1994, the German Basic Law (Grundgesetz) was changed and developed with the introduction of one new article: Art. 3, Abs. 3, Satz 2
"Nobody must have disadvantages due to his/her handicap."
(Niemand darf wegen seiner Behinderung benachteiligt werden).
Based on this Article in the Basic Law, in April 2001 the new Social WelfareCode IX (SGBIX) has come in force. It summarizes the legal bases of the medical and vocational rehabilitation. It should reflect the present change of the self-image of disabled people and the basis of the policy of disabilities. The main focus is not only the welfare and the care of disabled people, but autonomous participation at the social as well as the elimination of obstacles, and equal opportunities. The law SGBIX focuses on “Rehabilitation and Access”, it has two parts:
1. Regulations for disabled and from hindrance threatened people
2. Special regulations to the participation of severely disabled people.
General educational development and the diversity of experiences in practice with regards to integration or non-segregation has led to a visible change, especially during the last years. In Germany, the period of models and experiments is going slowly to another stage. The diversity of results of these integration experiments has led to the development of the basis for legislative issues. Now it is the period where those experiences have to be realised in law. Today, nearly all Länder have changed their school laws in adapting them linked to the recommendation of the KMK, May 1994. Integration is favoured generally, possible, only in primary schools or as model-projects possible. In most of the Länder integration only is possible, if the conditions can be created (personnel, organizational, neuter resources).
For more information, please see the section entitled Development of Integration.
More detailed information regarding the recommendation of the KMK can be found at: http://www.kmk.org/schul/home.htm
The responsibility for early years education is located in the Ministry for Social Affairs. Under the Basic Law is the prerogative of the Federation to enact legislation on Child and Youth Welfare within the framework of public welfare. This also applies to provision children in Kindergarten. The phase of early intervention is not part of the public school system.
“Disabled children should, as far as possible, attend Kindergarten and school together with non disabled peers” (Source: ‘reference work for disabled people, Bundesministerium für Arbeit und Sozialordnung, July 2001, http://www.bma.bund.de )
For children who have reached compulsory schooling age but whose level of development does not yet allow them to cope with the challenges of primary school, Schulkindergärten have been established. In most Länder the school authorities are authorized by law to require that six-year-olds attend such institutions. Like pre-school classes for five-year-olds, these institutions have organisational links to primary schools.
Transition Period: legal provisions for vocational training are contained in the Vocational Training Act Berufsbildungsgesetz. The Vocational Training Promotion Act (Berufsbildungsförderungsgesetz) of 1981 governs the planning and statistics of vocational training as well as the terms of reference and organization of the Federal Institute for Vocational Training (Bundesinstitut für Berufsbildung). According to the SGB III (Third Volume of the German Social Welfare Code) the provision of career orientation is the duty of the Office of Employment (Arbeitsamt).
