Germany - General Information
This section aims to introduce you to the special needs education system in Germany by providing a brief picture of how things are organised and what the key issues are that effect special needs education.
Germany is a Federal Republic. Since the unification in 1990, it is comprised of 16 Länder. There is the Ministry of Education, Science, Research, and Technology (BMBF) at the Federal Government. It has to steer the nation-wide policies for further and higher education - universities and vocational training - and it finances nation-wide projects and is responsible for foreign affairs within education. However, the Federal Ministry has no responsibility for schools.
In the Federal Republic of Germany, responsibility for the education system is determined by the Federal structure of government. Under the Basic Law, the exercise of governmental powers and fulfilment of governmental responsibility is incumbent on the individual Länder, as far as the Basic Law does not provide for or allow for any other arrangement.
The education system of the Federal Republic of Germany
The development of the education system of the Federal Republic of Germany differs from other European Countries, because of 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 meant a big challenge, because two diverse systems have 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, the Germans have regained their unity. Since 3 October 1990, the Basic Law is binding upon the whole German nation.
The Responsibility for the Education System in the Federal Republic of Germany
The development in the different Länder of Germany is diverse. Each Land has its own responsibility, including individual legislation according to the basis of the Basic Law. There is cultural sovereignty between the 16 Länder. Educational legislation and administration of the education system are primarily the responsibility of the Länder. That means, here exist 16 school laws in Germany and 16 ministries of education and all together 16 different school landscapes. The 16 ministers of education established a Standing Conference to co-ordinate education policies and give recommendations for the further developments. This Standing Conference of the Ministers of Education and Cultural Affairs of the Länder in the Federal Republic of Germany (KMK) has established a framework agreement to preserve the independence of each Land (Sovereignty of Culture "Kulturhoheit").
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 particular 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 trainin