Spelling - Karlsruhe rules on certificate entry

The Federal Constitutional Court wants to clarify today whether the school leaving certificate of dyslexics may include a comment to the effect that their spelling did not play a role in the grading. Three former school leavers from Bavaria with dyslexia believe that many employers are put off by comments such as "spelling was not assessed".

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. They note in the report that they have assessed the performance differently. According to the school authorities, this is intended to ensure the informative value of school reports, explained the Chairman of the First Senate, Stephan Harbarth, at the hearing in Karlsruhe in June.

"As if we were getting a stamp"

The three Bavarian students, who graduated from high school in 2010, felt discriminated against by the remark on their school reports and took their case through the courts. In 2015, the Federal Administrative Court turned them down because, in its opinion, there is no entitlement to grade protection without its documentation in the report. The plaintiffs lodged constitutional complaints against this with Germany's highest court.

During the hearing, the men confirmed in a statement that the comments restricted them in their professional lives. "Anyone who reads this can only think that the applicant is too stupid and too bad for everything," said the statement read out by lawyer Thomas Schneider. "It's like getting a stamp that says: Careful, do you really want to hire me?"

On the other hand, the Bavarian Minister of Education at the time, Michael Piazolo (Free Voters), argued that the notes created the necessary transparency that the general assessment standard had been deviated from. This was important, he said, because final certificates in particular had to be objectively comparable. The Bavarian legal situation is not unique; several other federal states have a similar approach.

Grade equalization and grade protection

In the view of the plaintiffs' lawyer, grade compensation and grade protection cannot be separated. There is no difference between an auxiliary measure such as a laptop, which automatically takes over the spelling check, and the non-assessment of spelling. The Senate also asked the Bavarian state government many questions about the distinction between compensation for disadvantages, grade protection and what is graded where.

3.4 percent of pupils in Bavaria have a reading and spelling disorder, said the reporting constitutional judge Josef Christ. According to the Federal Association for Dyslexia and Dyscalculia, 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 German Teachers' Association stated during the hearing that schools do everything they can to avoid discrimination. Pupils do not generally point the finger at those affected or are envious of the support measures.

The Federal Constitutional Court's ruling could potentially impact the education process for dyslexic students, as they may no longer have a comment about their spelling ability affecting their grades on their school leaving certificates.
Advocates for individuals with disabilities argue that processes like 'grade protection', which exempts certain areas from assessment, are crucial in promoting equity in the healthcare and educational sectors, particularly for individuals with learning disabilities such as dyslexia.
The Federal Constitutional Court's decision on certificate entry for dyslexic students could have far-reaching implications for various sectors, such as the healthcare industry, where job assessments often consider written communication skills as a critical factor.

Source: www.dpa.com