Reform of Private School Regulation in Germany - Current Status and Prospects

The Basic Law of the Federal Republic of Germany protects the freedom to found and operate private schools in Art. 7 para. 4 sentence 1. However, the constitution also contains provisions in Art. 7 para. 4 sentences 2 to 4 that are intended to ensure that private schools serving as a substitution for public schools (“Ersatzschulen”) are subject to supervision by the school authorities. They are obligated to comply with certain quality criteria and ensure their accessible for pupils from all income groups. The latter is intended to prevent the emergence of socially segregated elite or class schools.

The research project “Reform of Private School Regulation - Current Status and Prospects” examines the current status of private school regulation in the 16 federal states of Germany with regard to the implementation of constitutional requirements. Furthermore, the project identifies criteria and conditions for a successful implementation of fair private school regulation. For this purpose, we conduct extensive document analyses on the legal situation in the federal states as well as guideline based expert interviews on the practice of the school supervisory authorities.