🎓 School and inclusion
In brief
Education in Germany is a matter for the federal states – so each state regulates in its own school law, differently, how inclusive schooling, parents' right to choose between special and mainstream school and the determination of special educational needs are specifically designed. Under Art. 24 UN CRPD, education should in principle be made possible inclusively, i.e. together with non-disabled children; how strongly the individual states implement this in practice, however, differs considerably.
According to available studies, it is currently mainly Bremen and Hamburg that offer largely unconditional access to inclusive education, while other states – for example Baden-Württemberg, Bavaria, Rhineland-Palatinate, Saxony and Saxony-Anhalt – restrict the entitlement more strongly through a reservation of resources. This assessment comes from academic secondary literature, not from an independent analysis of all 16 school laws, and should be verified for your own federal state with the responsible school authority.
Step by step
- Have special educational needs clarifiedIf special educational needs are suspected, an assessment procedure is generally initiated with the responsible school supervisory authority or the special education service.
- Exercise the parents' right to chooseIn most federal states, parents can choose between inclusive schooling at a mainstream school and a special school – the exact design and any restrictions are regulated by the respective state school law.
- Clarify the need for supportIf additional support is needed (e.g. school assistance), it can be applied for from integration assistance or the responsible youth welfare or social assistance provider.
- Check legal remedies if refusedAgainst refusals by the school authority or the benefit provider, depending on responsibility, an objection or administrative or social court remedies can be lodged.
Deadlines
- Do not rely on general information from the internet for deadlines and procedures in the assessment of special educational needs – these are regulated differently depending on the federal state and sometimes even depending on the school district.
- School assistance (an integration assistant) is legally usually a benefit of integration assistance or of child and youth welfare, not of the school authority itself – the application must therefore be made to the responsible social or youth welfare provider, not just to the school.
- A reservation of resources in a state school law can mean that a right of choice that exists in itself depends in practice on the availability of places or staff at the desired school – this should be clarified with the school authority early on.
In depth · legal basis, figures and practice – for advisers and professionals
UN Convention on the Rights of Persons with Disabilities, Art. 24
Art. 24 UN CRPD obliges the states parties to ensure an inclusive education system at all levels. As a ratified federal statute, the Convention is a standard of interpretation for the state school laws, but for the most part does not create an individual claim to a particular school place that can be enforced directly.
State responsibility and differences
The specific design of parents' right to choose, the assessment procedure for special educational needs and the relationship between special and mainstream schools is a matter for the individual federal states. According to a study published in 2023 (WZB/Leibniz Association), it is currently mainly Bremen and Hamburg that ensure largely unconditional access to inclusive education; an actual structural transformation of existing special school systems into inclusive mainstream school provision is described in this study mainly for Bremen, Lower Saxony, Mecklenburg-Western Pomerania and Schleswig-Holstein. These assessments may change with more recent school law amendments by the states and were not checked here individually against the current statutory text for all 16 states.
School assistance
Depending on age and type of disability, school assistance is granted either as a benefit of integration assistance (SGB IX) or of child and youth welfare (SGB VIII) if it is necessary for a child to be able to follow lessons and take part in school life. Responsibility and procedure differ depending on the federal state and the individual case.
A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.