In Germany, there is no nationwide, uniform legislation relating to schools or to publicly-funded special education. Education legislation is formulated individually by the 16 Länder. However, the Standing Conference of the Ministers of Education and Culture of the 16 Länder of the Federal Republic does approve and publish recommendations for all areas of education, nationwide.9
With reference to education for students with special educational needs, the aim is stated as being that of enabling children and young people who are either disabled or facing the threat of disablement to exercise their right to a form of schooling and education that is tailored to their personal capabilities. Children and young people should receive support in the form of individual measures of assistance, so that they can achieve the highest possible level of integration at school and at work, participate in society and, as far as is possible, lead independent adult lives.5
Current political debate in Germany tends to focus on measures to cut unemployment and to improve the budget situation, rather than on school reform. Nevertheless, all six parties currently represented in the Bundestag and the Länder Parliaments have their own ideas on policy on schools, which can vary widely from Party to Party (and consequently from Land to Land). The Alliance 90/Green Party, for example, does not see a need for special schools for children with learning difficulties. They are convinced that disabled and non-disabled children should go to school together.8
Indeed, since the 1970s, many educational experts have taken the view that disabled children should go to the same schools as non-disabled children, believing that educating them together would foster the learning capacities of the disabled children and would help reduce prejudices in non-disabled children at an early age. The Standing Conference of the Ministers of Education of the 16 Länder attaches particular significance to the public image of children with special needs. It firmly emphasises the need 'to ensure that the disabled receive the education to which they have a right – an education appropriate to their abilities and personal situation'. There are now quite a number of normal and special schools (Sonderschulen) which work together. These are known as "cooperative forms of school".8 As a result, many Sonderschulen are now set up in close proximity to normal, mainstream schools to encourage collaboration and transfer of students.9
Recommendations of the Standing Conference specifically support efforts to set up classes in which children with special educational needs and those without are educated jointly. At the same time, these recommendations also aim to safeguard individual student requirements. That is to say, the condition that individual student need (and parental involvement in the decision) should ultimately determine whether children are taught in an integrated environment or attend some form of separate special school.9
In summary
In general, education for children with special educational needs is separate in Germany. Since 1980, however, a number of pilot schemes have been introduced to encourage the integration of students with special educational needs into mainstream education, and guidelines promoting inclusive education have been drawn up in each of the 16 Länder. In some Länder, integration is regulated under schools legislation. There was a steady fall in the number of students attending Sonderschulen (special schools) during the 1980s. Various categories of Sonderschule exist, however, and collaboration takes place between these and mainstream schools to develop various forms of assistance for students with special educational needs.2
See section 1.2.2 of the mainstream Germany Archive.