Private Grund- und Mittelschulen; Beantragung der Betriebsgenehmigung und der Genehmigung für wesentliche Änderungen

Private primary and secondary schools whose educational objectives correspond to public schools existing or planned in the Free State of Bavaria must be approved by the responsible government. The government must also approve significant changes.

Alternative schools may only be established and operated with state approval. The application must be submitted with all necessary documents to the relevant government as the school supervisory authority at least four months before the start of the school year.

Approval must be granted if

• the person wishing to establish, operate or manage a substitute school can guarantee that he/she will not violate the constitutional order,
• the alternative school is not inferior to public schools in terms of its teaching objectives and facilities and the academic or artistic training of its teaching staff,
• it does not promote the segregation of pupils according to the property status of their parents,
• the economic and legal position of the teaching staff is sufficiently secure.

An elementary school is only to be approved as a substitute school if the responsible government, as the school supervisory authority, recognizes a special educational interest or, at the request of legal guardians, if it is to be established as a community school, a denominational or ideological school and a public elementary school of this type does not exist in the municipality concerned.

State-approved secondary modern schools that meet the requirements of Art. 7 a BayEUG can be approved as a middle school.

After school supervisory approval has been granted, changes may occur in the course of the school's operation that also require express approval from the government. The following changes in particular are considered to require approval:

• General changes: Name changes, determination of general eligibility after expiry of the grace period, change of school management
• Changes to the school organization: change of sponsor, establishment of open and tied all-day offers, relocation, expansion of the number of classes, outsourcing of classes in the event of renovation, establishment of additional class levels
• Changes in internal operations: concept changes, deviations from the vacation policy

The application must be submitted to the school supervisory authority with all necessary documents no later than four months before the start of the school year, i.e. by March 31 of each year.