Germany
Country
Topic:
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 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 basis of 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.