This information is intended to provide the background context of structure and control, within which the curriculum and assessment frameworks are implemented.
Länder Ministries of Education
According to the Grundgesetz and Länder constitutions, the school system and its supervision, educational legislation, and administration of the education system are primarily the responsibility of the Länder Ministries of Education and Cultural Affairs. These regional Ministries have ultimate authority for the control and administration of institutions providing general and vocational education, e.g. schools, higher education, adult and continuing education. School supervision includes the mandate to plan and organise the entire school system. The authority of the Länder encompasses:
The educational goals set down in school laws are given concrete form in curricula, for which the Länder Ministries of Education and Cultural Affairs are also responsible.12
Effectively, Germany has 16 separate school systems (one for each Land) although there are similarities between them. Central government does not prescribe specific educational policies and the Länder only issue broad guidelines, allowing local school districts considerable discretion in recruiting staff, choosing textbooks and determining curricular content.54
Federal Ministry of Education and Research
The Federal Ministry of Education and Research is responsible only for policy, coordination and legislation regarding out-of-school vocational training and continuing education, training assistance, the general principles of the higher education system and the expansion and construction of institutions of higher education.
National cooperation
There is, however, a regularly amended agreement between the Länder, which guarantees a common basic structure of the school system in Germany. Among other things, the agreement covers the duration of compulsory schooling, key elements of the curriculum, the grading/marking of school work and the designation and organisation of the various types of educational institutions. The Länder also generally now recognise each other's school examinations and certificates.12, 35
In other words, each Land bears responsibility for its educational and cultural policy, under the proviso that, in accordance with the federalist principle, they lend expression to the historical, geographical, cultural and socio-political aspects specific to their Land and thus to diversity and competition in education and culture. On the other hand, the constituent Länder of the Federal State bear joint responsibility for the entire (Federal) State. This overall responsibility both entitles and obliges them to cooperate with one another and to work together with the Federal Government. 17
Standing Conference of the Education Ministers of the Länder
The instrument for cooperation between the Land governments in education is the Standing Conference of the Ministers of Education and Cultural Affairs of the Länder in the Federal Republic of Germany ("Ständige Konferenz der Kultusminister der Länder in der Bundesrepublik Deutschland"). This Standing Conference is based on an agreement between the Länder and deals with cultural policy matters of supra-national importance, with the aim of forming a common viewpoint and a common will, as well as representing common interests. Cultural policy is understood in a very wide sense, incorporating education, higher education and research, cultural affairs and sports. Resolutions of the Standing Conference can only be adopted unanimously. They have the status of recommendations until they are enacted as binding legislation by the parliaments in the 16 Länder. Cooperation chiefly takes place with the aim of creating a common and comparable basic structure for the school system and, in terms of quality and structure, comparability throughout higher education and research. This then guarantees the basic right of the individual to a free choice of profession and training throughout Germany. To a large extent this cooperation has led to a harmonisation of structures throughout the country.17
When the Unification Treaty3 was agreed, it was stated that the aim of the future cultural and educational policy of a united Germany must be to create a common and comparable structure in the sphere of education, and particularly in the school system, throughout the country. In December 1990, the Ministers of Education of the five new Länder therefore joined the Standing Conference of Ministers of Education and Cultural Affairs and the Standing Conference had the important task of reaching an agreement between the western and eastern Länder to make the different school systems comparable.35
In all areas in which the Grundgesetz does not state that the Federal Government is responsible, the Länder have the right to adopt their own laws within the democratic constitution. This particularly applies to the field of education and cultural policy; the administration of education and culture is largely the responsibility of the Länder. This means that the Länder governments can take account of the historical, geographical, cultural and social characteristics of the individual Länder in their policies on education and culture, allowing a varied educational and cultural landscape to evolve in Germany. The founding fathers of the Federal Republic of Germany deliberately encouraged this development in order to avoid the renewed creation of a centralised state in Germany such as had existed between 1933 and 1945. This federalist structure has meant that the Federal Republic has always been characterised by a variety of party-political opinions.35
Local administration
At local level, the administration of schools is usually divided into three levels. The top level is the Land Ministry of Education; the middle level is the Schulaufsichtsbehörden (Land authorities responsible for school inspection) or the Oberschulämter (the senior education offices); and, at the third/lower level, are the Schulämter (the education offices). As a rule, the Oberschulämter are responsible for supervising Gymnasien and Realschulen (see 3.2.3); the Schulaufsichtsbehörden are responsible for vocational schools (3.2.3); and the Schulämter for Grundschulen, Hauptschulen and Sonderschulen (see 3.2.2 and 3.2.3). In some of the Länder, responsibilities are distributed slightly differently. Each school is run by a Schulleiter (headteacher); the Schulämter are directed by a Schulrat (school inspector); the Schulaufsichtsbehörden are run by a Regierungspräsident (local commissioner of the Land government); and the Ministries of Education are headed by a Minister.35
As a rule, public sector schools are set up, organised, administered and funded by local authorities, and in principle, attendance at all public sector schools is free of charge.12
The state school system is financed on the basis of a division of responsibilities between the Länder and the local authorities, with the local authorities bearing the costs of non-teaching staff and material costs, and the Ministries of Education and Cultural Affairs of the Land concerned being responsible for the teaching staff payroll. The Länder may also reimburse the local authority for the costs of transporting students to and from school, and also provide some one-off grants as contributions to, for example, school construction costs or certain subsidies for running costs.17
Decisions on the financing of education are taken at the federal, Land and local authority ("Kommunen") level, but over 90 per cent of funds are provided by the Länder and the local authorities. In 1997, the education budget of the Federation, the Länder and the local authorities in Germany (pre-school sector, out-of-school education, schools, higher education, continuing education, financial assistance, joint research promotion by the Federation and the Länder) totalled DM 172.6 billion, or 4.74 per cent of gross domestic product (GDP) and 14.4 per cent of the total public budget of the Federal Republic of Germany. Broken down, 1.36 per cent of the total public budget of the Federal Republic went on the pre-school sector and out-of-school sector; 7.27 per cent on schools, 4.11 per cent on higher education, 0.41 per cent on continuing education, 0.55per cent on financial assistance and 0.7 per cent on joint research.13
Education spending in 2000 by sector, as a proportion of total public spending 97
| Sector | % of total public spending |
| Pre-school education/out-of-school youth education | 1.23 |
| Schools | 7.71 |
| Higher education | 2.88 |
| Continuing education | 0.33 |
| Assistance schemes | 0.51 |
| Joint research promotion | 0.77 |
| Total | 13.43 |
In addition to this public funding, the private economy also provides some financing towards the costs of education and research in the areas of vocational training, continuing education and research and development. 13
From Year 10 (age 15-16 years), students in general and vocational education may obtain financial assistance in the form of a grant ("Ausbildungsförderung"), if they have no other source of support (especially from parental income) to meet training requirements. In calculating eligibility for this maintenance and training grant; the student's own income and savings and those of his/her parents or spouse, if any, are taken into account in what can be a very complicated process in calculating a student's requirements. In addition, most Länder have regulations whereby students who are not entitled to financial assistance under the Federal Training Assistance Act (Bafög)4 can, under certain circumstances, be awarded financial assistance from the Land's own means.12
In all areas of education - from the pre-school sector, through to schools and higher education - there are privately-maintained institutions. The right to establish private schools is expressly guaranteed by the Grundgesetz 5 and, to some extent, by provisions in the constitutions of the individual Länder. The proportion of privately-maintained schools varies from Land to Land and between the different types of school, but the maintaining bodies of most private schools receive some financial support from the Länder in various forms. The proportion of public support for private schools varies between Länder and also depends on the type of school. Many private (alternative) schools are funded by the Catholic and Protestant churches, which fund their schools from their own means to the extent that little or no fees may be charged to parents.17
The German Constitution (Grundgesetz) acknowledges the importance of 'independent schools' in a pluralist society, which is based on the idea of free competition. The State can only make a limited contribution to these schools because it is bound by the principle of ideological neutrality. Private schools must enjoy the same status as state schools, but do not have to be similarly organised.29
Pre-compulsory phase
Pre-school education is not a part of the state school system and Kindergarten attendance is not, as a general rule, free of charge. Institutions providing pre-school education are funded by public and non-public bodies (local authorities and churches, for example). In the Länder of the former West Germany, the education, socialisation and care of children from the age of 3 to school age takes place mainly in privately-maintained Kindergärten. The Children and Youth Welfare Act 1 gives priority to institutions run by non-public bodies concerned with child and youth welfare (churches, welfare associations, local groups, parents associations etc.) in the interests of providing a diverse range. Public bodies (local authorities) should only establish their own institutions if non-public bodies do not offer suitable institutions or cannot set them up in time. Consequently, in 1994, around 64 per cent of Kindergärten in the Länder of the former West Germany were run by non-public bodies, while the remaining 36 per cent were maintained by local authorities. In the new Länder (the Länder of the former East Germany) about 16 per cent of Kindergärten were run by non-public bodies in 1994; the rest by public authorities (although, increasingly, in the former East Germany, Kindergärten are becoming privately-maintained.) Despite the subsidies provided by the Länder and the local authorities for the maintenance of Kindergärten (some financial support for material and staffing costs) and the use by privately-maintained establishments of their own funds, parents are also required to make contributions. Charges vary and in some cases depend on the parents' income.17
Kindergärten which are funded by non-public bodies are also subject to public/state supervision. This is generally exercised by the youth welfare offices of the Länder in their role as supra-regional organisers of the public youth welfare services. Organising bodies from the voluntary sector receive financial support from the Land as well as from local authorities ("Kommunen") to run Kindergärten (for example, for staff costs and investments).17
Primary phase
In the primary sector, private schools may only be established under very strict conditions. Their establishment is permitted only where the education authority finds that they meet a special educational need or where - at the request of parents - they are to be established as non-denominational schools, denominational schools or schools pursuing a certain ideology, and no public-sector primary school of that type exists locally. Private primary schools are therefore the exception; in almost all cases they are either denominational primary schools, Rudolf Steiner schools, reformist schools or primary schools with an integrated boarding facility. In 1994, only 1.43 per cent of all primary schools were privately-run (256 establishments).17
Secondary phase
There are two main types of private school at secondary level:
Legal foundation
The main legal provisions are the special laws on private schools or the relevant provisions in the Education Acts, as well as financial aid regulations in the form of the laws and regulations of the Länder. Standard framework conditions in the Länder are guaranteed by an "Agreement on Private Schools" drawn up by the Standing Conference of the Ministers of Education and Cultural Affairs of the 16 Länder.17
Generally, in accordance with the Grundgesetz,5 private schools are subject to state supervision. However in secondary education, alternative schools (see above) must acquire state approval, whilst complementary schools merely have to notify authorities that they plan to start up.17
However, as far as the equivalence of educational aims of private schools and the corresponding school type in the public sector is concerned, strict adherence to the approved teaching hours and curricula of public sector schools is not required. The private school may pursue religious or ideological educational aims and may use its own teaching methods.17 Indeed, independent schools often reject the range of curriculum subjects offered by state schools as too narrow. This is often part of their reason for coming into being in the first instance.29 In almost all Länder, state approval of a private school as an alternative school does not automatically give that school the right to hold examinations and award leaving certificates corresponding to the qualifications gained at public sector schools. The students concerned may only receive these through an external examination, that is to say, an examination before a state examination board at a public sector school. Only state recognition permits the alternative school to hold examinations in accordance with the regulations in force for public sector schools and to award certificates; state recognition thus confers the legal powers enjoyed by public sector schools on the alternative school.17
State-approved alternative schools only charge moderate fees or guarantee relief to students whose parents are of limited financial means (for example, by reducing school fees, or providing a reduced fee rate for siblings attending the same school).17
Private schools in Germany, 2000
| Type of school | Number of schools | Students | Proportion of the total of students attending the respective school type in % |
| Vorklassen |
171 |
3,641 |
4.9 |
| Grundschule |
363 |
41,924 |
1.3 |
| Erprobungsstufe/Orientierungsstufe (independent of school type) |
72 |
9,526 |
2.4 |
| Hauptschule |
189 |
20,971 |
1.9 |
| Realschule |
278 |
95,263 |
7.5 |
| Schools offering both Hauptschule and Realschule courses |
18 |
2,335 |
0.5 |
| Gymnasium |
367 |
237,061 |
10.5 |
| Gesamtschule or similar |
28 |
11,605 |
2.1 |
| Other schools, private evening classes and colleges |
265 |
77,894 |
|
| Special schools |
575 |
59,749 |
14.2 |
| Total |
2,326 |
559,969 |
5.6 |
| Selected types of vocational schools | |||
| Berufsschulen (in the dual system) |
197 |
39,203 |
2.2 |
| Berufsfachschulen |
782 |
74,547 |
17.9 |
| Fachschulen |
565 |
48, 479 |
34.1 |
Source: EURYDICE UNIT, GERMANY (Länder) (2002). The Education System in Germany (2000/2001). Available [online] via the EURYBASE database at http://www.eurydice.org/
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