Disadvantage compensation notes in the certificate are permissible
"Spelling was not assessed" is written on the school reports of pupils with dyslexia. Three high school graduates feel discriminated against by this note and are taking their case to the Federal Constitutional Court. The court has now ruled.
According to a ruling by the Federal Constitutional Court, it is permissible to note in school reports if partial achievements have been disregarded in the grading. From the point of view of equal opportunities, this may even be necessary, said court president Stephan Harbarth in Karlsruhe. However, such a regulation should not be limited to cases of dyslexia - a reading and spelling disorder.
Three former school leavers from Bavaria were successful with their constitutional complaints because pupils with other disabilities did not receive report notes, although individual partial performances were not assessed. Harbarth explained that those affected were therefore disadvantaged and that the endorsements were not justified under constitutional law. The plaintiffs felt discriminated against by the endorsements in the school leaving certificate and had taken their case through the courts.
In 2015, the Federal Administrative Court turned them down. They lodged constitutional complaints against this in Karlsruhe. Germany's highest court has now overturned the rulings of the Federal Administrative Court. "This makes the rulings of the Bavarian Administrative Court legally binding, according to which the complainants must be issued with a school-leaving certificate without a remark." People with disabilities receive so-called compensation for disadvantages in school examinations. In the case of dyslexics, for example, this can mean that they are given more time to write.
In many federal states - including Bavaria - there is also the option of "grade protection". Upon request, teachers then do not include spelling in the grades. So far, they have noted in the report that they have assessed the performance differently. According to the German Dyslexia and Dyscalculia Association, around twelve percent of the population in Germany are affected by at least one of these impairments. In the case of dyscalculia or dyscalculia, arithmetic skills are impaired without this being explained solely by a reduction in intelligence or inappropriate schooling.
- The three former school leavers, who were discriminated against due to notes in their school leaving certificates, brought their case to the Federal Constitutional Court in Karlsruhe, which ruled in their favor.
- The Federal Constitutional Court's ruling in Karlsruhe stated that the practice of noting partial achievements disregarded in grading is permissible but should not be limited to cases of dyslexia.
- International discussions on justice and equal opportunities often refer to the landmark judgments handed down by the Federal Constitutional Court in Karlsruhe, such as the one concerning disadvantage compensation in school examinations.
Source: www.ntv.de
