Ersatzschule, Genehmigung beantragen

• Sächsisches Gesetz über Schulen in freier Trägerschaft (SächsFrTrSchulG)
• Verordnung des Sächsischen Staatsministeriums für Kultus über die Genehmigung und Anerkennung von Schulen in freier Trägerschaft (Sächsische Freie-Träger-Schulverordnung – SächsFrTrSchulVO)
• Sächsisches Schulgesetz für den Freistaat Sachsen (SächsSchulG)
• Artikel 102 Absatz 3 Verfassung des Freistaates Sachsen – Schulen in freier Trägerschaft
• Artikel 7 Absatz 5 Grundgesetz für die Bundesrepublik Deutschland – Private Volksschule
• Sächsisches Verwaltungskostengesetz (SächsVwKG)
• Sächsisches Kostenverzeichnis (SächsKVZ)
• §§ 30 und 30a Bundeszentralregistergesetz (BZRG) – Führungszeugnis

Independent schools work alongside and in place of public schools in the fulfilment of general public educational tasks on their own responsibility. Alternative schools are independent schools that are equivalent to public schools in the Free State of Saxony in terms of their educational objectives and the main subjects they teach. Deviations in teaching and educational methods, teaching materials and school organisation are possible, whereby the educational level of a comparable public school must be achieved.

Authorisation of alternative schools in accordance with the Saxon Law on Independent Schools and the Saxon Independent Schools Ordinance

If you wish to establish and operate a substitute school, you must apply for authorisation from the school supervisory authority. This authorisation gives your school the right to admit children and young people to fulfil their compulsory schooling.

• for natural persons as school authorities:
  • curriculum vitae in tabular form
• for partnerships or legal entities as school authorities:
  • Articles of association or partnership agreement
  • if applicable, an extract from the register of associations or commercial register
  • tabular CVs of the persons authorised to represent the company
• in the case of foundations as school authorities:
  • Articles of association
  • Recognition of legal capacity
  • tabular curricula vitae of the authorised representatives
• in the case of churches or religious organisations as school authorities:
  • Proof of legal status as a public corporation
• from the school management and teaching staff: proof of:
  • Training (original or certified copy)
  • Participation in further education and training
  • professional career
• Certificates of good conduct (follow the instructions in the application form)
• Declarations and documents on the extent to which the applicable curricula of publicly funded schools are used
• Declarations and documents on other curricular requirements, in particular for
  • Implementation of a special pedagogical concept
  • additional teaching in the case of specialisation
  • Teaching in subjects that are not part of the timetable of publicly funded schools
• Proof of the rights of use of the intended premises
• Acceptance reports from the relevant authorities for the building, health, safety and fire protection inspections of the planned premises
• Labour and fee contracts with the school management and the proposed teaching staff
• Cost and financing plan of the school
• Proof of how the personal contribution can be provided during the three-year waiting period
• Declaration by the school authority that the legal regulations on health care for pupils will be complied with

Primary schools as denominational or ideological schools

For primary schools that are to be established as denominational or ideological schools and whose sponsor is not a religious organisation with the legal status of a public corporation:

• Proof that the legal guardians of the school children have a common denomination or a common world view or
• Confirmation from a religious community under public law (e.g. Evangelical Lutheran Church of Saxony) that the school is a denominational school

• The school sponsor of an alternative school can be a natural or legal person under private or public law. Local authorities under public law (municipalities, cities, rural districts) cannot be sponsors of independent schools. The same applies to legal entities and partnerships over which a local authority exercises a controlling influence directly or indirectly, alone or together with other local authorities.
• In order to obtain a licence, your school must not be inferior to publicly funded schools in terms of its teaching objectives and facilities or the academic training of its teaching staff. The professional and pedagogical training of the teaching staff must be equivalent to the training of teachers at publicly funded schools.
• The school must not promote the segregation of pupils according to the property status of their parents.
• The school authority and its representative bodies must confirm that they are suitable for the responsible management of the school by providing proof of their personal reliability.
• Alternative schools may not bear a name that could lead to confusion with publicly funded schools.

The economic and legal position of the teaching staff must be sufficiently secure:

• A written contract must be concluded on the employment relationship, in which clear cancellation conditions, entitlement to holidays and the regular number of compulsory hours are stipulated.
• Salaries and allowances must not be significantly lower than the salaries of teachers at comparable publicly funded schools and must be paid regularly.
• Teachers must acquire a pension entitlement that at least corresponds to the provisions of employee insurance.

Primary schools as alternative schools

A primary school is only authorised as a substitute school if, in addition to the general requirements described above

• the State Office for Schools and Education recognises a special educational interest or
• if the legal guardians apply for the school to be established as a denominational or ideological school.

• Procedural fee
• any additional costs for necessary documents or expert opinions

• You can contact the Bautzen site of the State Office for Schools and Education for advice and for all questions regarding the authorisation procedure.
• You submit your application to the Bautzen site of the State Office for Schools and Education.
• All application documents must be submitted in duplicate for the authorisation procedure.
• The responsible office will check that the application documents are complete and correct and may request missing or incorrect documents if necessary.
• If all requirements are met, it will issue the authorisation.

• Application: by 1 December of the calendar year prior to the year in which the school commences operations

Note: Authorisation can only be requested for the start of a school year.

Opposition proceedings