School right is the whole of all legal rules, which concern the school. The school right regulates in particular with the school enterprise which are connected rights and obligations of pupils, teachers, parents, school supervision and school carriers. It is part of the public right, more exactly the special administrative law.
The trend to the Verrechtlichung of all areas of life reached the schools relatively late. Until far into West German postwar history the school right consisted particularly of a collection of ministerial decrees grown historically, which replace older customary law, had supplemented or had specified and their more or less exact conversion had assumed the character of customary law. Only in the last third of the 20sten of century a systematic building from laws and regulations was established; Detail regulations still take place in the form of issuing. Guidelines have the same status as decrees This historical short outline is to some extent speculative - who has memories going back sufficiently far or historical knowledge and can confirm or correct my
Due to the general and legislative Komptenzvermutung for the countries (GG kind 30, 70 exp. 1), and/or the silence of the Basic Law to the primary one and secondary education sector school right is in Germany land affair. Nontheless the school organization differs into individual Lands of the Federal Republic considerably only in few, mostly politically strongly disputed details (comprehensive school, duration of the school time, the central Abitur, promotion school/integration); and also with such topics partially convergent trends are to be registered after for many decades of next to each other different solutions. To the uniformity of the German school right contribute apart from common traditions above all the arrangements and formal agreements of the conference of Secretary of cultural affairs used by convention between the countries, as well as the mutual acknowledgment of graduations and training capabilities. School efficiency comparisons and the call after European-wide comparable qualifications will continue to strengthen these tendencies.
Like the school right of a German Land of the Federal Republic made of constitutional law, laws, regulations, issuing and guidelines, is exemplary in the article hessian school right builds itself up represented. Into North Rhine-Westphalia on 1 August 2005 a new uniform school law North-Rhine/Westphalia stepped into force, which past school laws and general school regulations (ASchO) sieve replaced. Is connected and brings closer information to the school right are contained in the school right manual North-Rhine/Westphalia.
E.G.:
In Austria the school right was reformed in the year 1962 and the liberty of the into a legal framework was poured. Apart from bare control by the school supervisory bodies a formal procedure was planned, which plans an appointment possibility in certain affairs to the school administrative boards (district school advice, national school advice, city school advice for Vienna). So for example appointment can be raised, against individual school notes however only one complaint of supervision of service against a resolution of the conference of class over the Nichtaufsteigen into the next school stage.
The public education is in Austria federal thing, the countries comes however within the range of the public compulsory schools (elementary school, hauptschule, poly-technical school, special school, vocational school) carrying out and the role as Schulerhalter. The role of the Schulerhalters can be transferred however by Landesgesetze also the municipalities. General screen end higher schools as well as professional training one middle and higher schools are received from the federation.
Apart from the condition-legal regulations in kind 14 and 14a Federal Constitutional Court are to regulations over the school organization in the school organization law.
In the affairs of the school money liberty as well as the relationship of the school and churches (church societies) including the Religionsunterrichtes at school, Federals law can be decided of the voices delivered by the national council only in presence of at least half of the members and with a majority of two thirds. Same applies to going off the differentiated educational system in the existing form.
The school right in the closer sense becomes in School teaching law 1986, in the school organization law, in the school time law 1985, in the compulsory schooling law 1985 and in (in each case) the regulations been issued in addition (e.g. performance review regulation) regulated.
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