Law on the promotion of German schools abroad (Foreign school law-ASchulG)

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ASchulG

Date of completion: 26.08.2013

Full quote:

" Foreign school law of 26 August 2013 (BGBl. I p. 3306) "

Footnote

(+ + + Text evidence from: 1.1.2014 + + +) 

  

Section 1
General provisions

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§ 1 Scope

(1) This law regulates the promotion of German schools abroad within the framework of foreign affairs. The Federal Government and the Länder cooperate within the scope of their respective responsibilities. (2) The German Schools and German Departments of International Schools, which are supported by the Federal Ministry of Defence, are not subject to this law. Agreements between the Federal Ministry of Defence and the Länder on the personnel support and professional support of these schools remain unaffected in their application. Unofficial table of contents

§ 2 Definitions

(1) German school abroad within the meaning of this law is a school located abroad and awarded by contract between the federal government and the institution of the school from a considerable federal interest. (2) Degrees within the meaning of this Act are:

1.

German degrees in order to obtain the German general university entrance qualification (Abitur) including the binational degrees recognised by the Standing Conference of the Ministers of Education and Cultural Affairs at German schools abroad to obtain the German general qualification University entrance qualification, German degrees for obtaining the qualification for universities of applied sciences, German medium-sized financial statements including primary and secondary school qualifications, and German vocational qualifications according to the recognition by the Cultusministerkonferenz,

2.

The Joint-language International Baccalaureate at foreign schools with German lessons in accordance with the recognition by the Standing Conference of the Ministers of Education and Cultural Affairs,

3.

The German Language Diploma of the Standing Conference of the Ministers of Education and Cultural Affairs of the levels I and II.

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§ 3 Claim to the award of the status of "Deutsche Auslandsschule" (German Foreign School) and termination of the contract of lending

(1) There is no claim to the award of the status "Deutsche Auslandsschule" (German Foreign School). The award of the status "Deutsche Auslandsschule" shall only be granted if, according to the measures of the Budget Law, the fulfilment of the obligations arising from Section 2 for the Federal Government is guaranteed. (2) The lending contract can be made from important Reason shall be terminated at any time and with immediate effect or with a reasonable period of time until the end of the funding period in accordance with Section 7 (2) by the Federal Government or by the institution of the school. The status of "Deutsche Auslandsschule" (German Foreign School) is cancelled with the termination. Unofficial table of contents

§ 4 School supervision of the German schools abroad

(1) In so far as the law of the host country allows it, the Federal Government supervises the German schools abroad. The basic principles for this are the lending contract and the support contract. (2) The Federal Government is responsible for the supervision of the school system, in particular by the fact that it is

1.

carry out on-the-spot checks,

2.

evaluate the reports of the schools to the funding bodies; and

3.

checks whether the promotion is used in accordance with the contract.

(3) In the context of school supervision, instructions can be given to the German schools abroad. (4) The Länder regulate their tasks in the supervision of schools within the scope of their competence. Unofficial table of contents

§ 5 Exclusion of an accusation claim

According to this law, there is no entitlement to accusations at a German school abroad. Unofficial table of contents

§ 6 Task perception of the federal government

The Federal Foreign Office is responsible for the performance of the tasks arising from this law. Specialist tasks can be transferred to a subordinated federal authority.

Section 2
Promotion of German schools abroad

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§ 7 Funding entitlement, funding application and funding period

(1) German schools abroad which are eligible according to § 8 shall have a right to personal and financial support in accordance with § § 9, 11 and 12. (2) The funding shall be provided on request for up to three school years or up to 36 months each. An application may be made at the earliest one year before the date on which the funding is to begin. It is possible to submit a new application before the end of the funding period. (3) For the assessment of the claim under § § 11 and 12, up to three parallel class trains are taken into consideration at one school per degree according to § 2 paragraph 2. A class train consists of up to 25 pupils per year. No more class trains can be taken into account than in the three years prior to the submission of the application each year to the conclusion of a claim, which is the basis for the claim. Unofficial table of contents

§ 8 eligibility

A German foreign school is eligible if it is

1.

offers German-speaking lessons and conveys German-language qualifications in accordance with § 2 (2),

2.

in each of the last three years before the application has been submitted, the financial statements referred to in Article 2 (2) (1) and (2) have been awarded and, on average, at least 12 financial statements from one and the same category of § 2 (2) (1) and (2) of these accounts per year. ,

3.

take account of Germany's democratic values by providing pupils, parents and teachers with adequate participation in school life,

4.

the funds themselves, which are necessary in addition to the promotion for the sustainable operation of a German school abroad,

5.

ensure proper operation, in particular the contractual use of the promotion, and

6.

by presenting a certificate issued by an authority of the country of seat or of the Federal Republic of Germany, or of an auditor approved in the country of seat or of the European Union, that it either does not make a profit or that it has obtained the Profits are used exclusively for the establishment, expansion or development of the school, or as reserves or provisions for these purposes.

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§ 9 Funding contract

(1) The contract between the Federal Government and the institution of the German School abroad shall in particular be agreed upon:

1.

the funding period,

2.

the financial statements referred to in Article 2 (2),

3.

the number of class trains taken into account in accordance with Article 7 (3) for the promotion,

4.

the teaching of teachers according to § 11,

5.

the requirements for proper operation, in particular the contractual use of the promotion and its verification,

6.

the obligation of the school-holder to provide for a reduction in school fees for children from low-income families,

7.

the time limit within which the school-holder has a concept for the implementation of the inclusive teaching or to submit regular progress reports on this,

8.

ensuring eligibility under § 8 also during the funding period and

9.

The right of the Federal Court of Auditors to collect at the German Schools Abroad whether the federal funds are used appropriately and economically.

(2) The grant agreement may be terminated by the Federal Government for important reasons without due regard for a period of time. An important reason may be, in particular, if the status of "Deutsche Auslandsschule" is withdrawn, the promotion is not used in accordance with the contract, or instructions are not implemented in accordance with § 4 (3). Unofficial table of contents

Section 10 Refunding of financial support

The Federal Government may require the full or partial reimbursement of the financial support,

1.

if the contract has been terminated without notice in accordance with Section 9 (2), or

2.

insofar as the support has been used in full or in part not according to the contract.

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Section 11 Personnel promotion

(1) The scope of the funding depends on the number of teachers required to recognise the financial statements supported by the subsidy agreement. The number results from an administrative agreement to be concluded between the Federal Government and the Länder. (2) The necessary teachers are taught to the German schools abroad by the Federal Government for a certain period of time. The mediation is carried out by a mediating notice as an administrative act of the Federal Foreign Office or the subordinated federal authority within the meaning of § 6 against the teaching force and by means of a grant agreement with respect to the school. (3) The Confederation shall ensure that the German schools abroad do not have to pay for the costs of the remuneration of the required teachers. (4) By means of administrative agreements between the federal government and the federal states, regulations on leave of absence and mediation will be provided. of teaching staff from the national service. Unofficial table of contents

§ 12 Financial support

(1) The financial support shall take into account the effort required for the financial statements and class trains agreed in the grant agreement. The effort is taken into account at a flat rate. The amount of the support is based on a standard fixed amount per week-hour per week, regardless of the economic situation of the school and its own and third-party funds. (2) To sum up the fixed amount for a funded week-hour. the national basic salary of the Bundesbesoldungsgruppe A 14 Level 8 shall be divided by 25. For the period of support referred to in Article 7 (2), the fixed amount shall be based on 1 January of the calendar year during which the period of support begins. (3) A school shall be used for the hours of the week for the preparation or implementation of the fixed amount according to the In the last three years prior to the application in the same category of § 2 paragraph 2 per year, it has awarded on average at least 12 awards. In the case of German degrees in accordance with Article 2 (2) (1) with the exception of vocational qualifications, a higher proportion of eligible weekly hours shall be taken into account than for the financial statements referred to in § 2 (2) (2) and (3). The amount of the funding is rounded up to a full hundred euros. (4) The funding can only be used for expenditure necessary to finance the regular school operation. (5) More details are provided for an administrative provision. Unofficial table of contents

Section 13 Transitional Regulation

(1) The number of required teachers to be agreed in accordance with § 11 (1) sentence 2 may be exceeded for a transitional period until 31 December 2022. (2) The overrun is due to a reduction in the financial support according to § 12. In doing so, the compensation shall be based not on the individual school institution, but on all the school institutions with a right to financial support. More information is provided by an administrative provision of the Federal Foreign Office. Unofficial table of contents

Section 14 Further funding of eligible German schools abroad

Voluntary funding for the financing of expenses which are not already funded in accordance with § § 11 and 12 is not excluded by the right to receive funding under this law. Unofficial table of contents

§ 15 Mediation of additional teachers

In addition to the necessary teachers, other teachers can be taught at a German school abroad at the request of the school-holder. § 11 (2) and (4) shall apply accordingly to these teachers. The schools are obliged to pay the costs of these teachers ' remuneration. Unofficial table of contents

Section 16 Volunteering

German schools abroad, which are not eligible for funding within the meaning of § 8, can promote the Federal Government in accordance with the right of access. Unofficial table of contents

§ 17 Promotion of the German Language Diploma in other schools

In order to promote the German language, the Federal Government can promote schools abroad, which are not German schools abroad, but which offer the German Language Diploma of the Standing Conference of the Ministers of Education and Cultural Affairs, in accordance with the law on the application of the law. Unofficial table of contents

§ 18 Administrative regulations

The Federal Foreign Office shall be authorized to adopt the administrative provisions required by this Act in agreement with the Federal Ministry of Finance. The administrative provisions govern the calculation of the teaching effort, the application procedure, the procedure for demonstrating the use of the support and the transfer of data between the institution and the federal government, as well as the transitional provisions (§ 13). Unofficial table of contents

Section 19 Entry into force

This Act shall enter into force on 1 January 2014.