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Vocational schools; applying for compensation for disadvantages and grade protection in the case of persistent significant impairments

Pupils at vocational schools can apply for compensation for disadvantages and grade protection if they have a long-term significant impairment.

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Procedure details

The purpose of granting compensation for disadvantages is to enable pupils with a long-term significant impairment in performance assessment to demonstrate their actual ability by compensating for their impairment. It should be noted that compensation for disadvantages cannot be granted at vocational schools if a performance record is objectively related to the aptitude for a specific profession or training to be determined by the examination. Typical forms of compensation for disadvantages are, for example, extensions to working hours or the approval of special work equipment. A pupil who is granted compensation for disadvantages must meet the essential performance requirements resulting from the general learning objectives and competencies to be acquired (Art. 52 para. 5 sentence 1 BayEUG in conjunction with § 33 BaySchO). Compensation for disadvantages, which must always take into account the nature and severity of the respective impairment of the pupil, is not listed in the report.

In the case of grade protection, on the other hand, the assessment of a performance is waived (Art. 52 para. 5 sentence 2 BayEUG in conjunction with § 34 BaySchO). Grade protection extends to the assessment of individual performance records, the formation of grades in certificates, the assessment of performance in final examinations and the determination of the overall grade. A grade that has come about through the application of grade protection therefore no longer contains the statement that the pupil fulfills the requirements corresponding to the respective grade. According to Art. 52 para. 5 sentence 4 BayEUG in conjunction with § 36 para. 7 BaySchO, the type and extent of grade protection must therefore be included in the report by means of a comment. In the case of grade protection measures in accordance with § 34, a note must therefore be included in the report.

Compensation for disadvantages and grade protection are only granted upon application by the legal guardians or pupils of legal age.

  • Expert medical opinion on the nature, extent and duration of the impairment or chronic illness

    (submission of an expert opinion from a general practitioner is not sufficient)
    If there are reasonable doubts about the impairment, submission of a medical certificate from a public health officer may also be requested.

  • If necessary, further statements
    (for example, the school psychologist, the mobile special education service, the guidance counselor)
  • Instead of an expert opinion, the following documents are also sufficient if they also show the type, extent and duration of the impairment:
    • Severely disabled person's certificate including the underlying notices
    • decision of the integration assistance
    • report on special educational needs or a special educational report
  • In the case of a dyslexia, the following applies: Evidence of a dyslexia can be provided
    • by the submission of a school psychological statement or
    • by means of a specialist medical certificate; in this case, the submission of a school psychologist's opinion is also required.

Compensation for disadvantages or grade protection for reading and spelling disorders is granted by the head teacher of the respective school. In all other cases, the respective local district government is responsible for vocational schools (with the exception of vocational schools for special educational support) and the respective local ministerial representative for vocational secondary schools (§ 35 Para. 2 BaySchO) is responsible for vocational secondary schools (Fachoberschulen and Berufsoberschulen).

The written application in conjunction with a specialist medical certificate on the type, extent and duration of the impairment or chronic illness must be submitted by the legal guardians or adult pupils to the responsible authority via the school management.

In the case of a reading and spelling disorder, the following applies: Proof of a reading and spelling disorder can be provided

  • by submitting a school psychologist's statement or
  • by a medical certificate issued by a specialist in child and adolescent psychiatry, a social pediatric center or another appropriately trained and qualified specialist; in this case, a school psychologist's opinion is also required.

If necessary, the authority can request further statements (e.g. from the school psychologist, the mobile special education service, the guidance teacher) which can provide an assessment of the type and extent of compensation for disadvantages or grade protection.

The relevant regulations can be found in Art. 52 Para. 5 BayEUG and §§ 31 ff BaySchO. The schools and, if necessary, the above-mentioned school supervisory authorities (district government or the ministerial representative for vocational secondary schools) are available to answer any questions.

Status: 07.10.2024
Editorially responsible for prodecure description: Bayerisches Staatsministerium für Unterricht und Kultus
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