Private Förderschulen und private Schulen für Kranke; Beantragung einer Förderung zum Ausgleich besonderer Härten

The Free State of Bavaria grants subsidies to providers of private special schools and private schools for the sick to compensate for particular hardship if other benefits under the Bavarian School Financing Act do not cover the actual and necessary expenses.

With the new regulation of the financing of private special schools, a new hardship regulation was created in Art. 34a Para. 2 of the Bavarian School Financing Act (BaySchFG). This voluntary benefit can be granted in accordance with the state budget if

• the improved state benefits do not cover the actual and necessary expenses for pupils with special educational needs or within the meaning of Section 2 of the Hospital School Regulations (KraSO) who are required to attend school or are at secondary special schools up to and including year 12, and
• the school authority submits a corresponding application.

• It is a private special school or private school for the sick that participates in the funding according to Art. 34a BaySchFG.
• The school in question was approved on August 1, 2015, or if the state approval was granted later, the school must have existed for at least 2 years from the date of approval without significant objections
• The benefits under the BaySchFG do not cover the actual and necessary expenses incurred in connection with the operation, administration and organization of a specifically named school (provider administration costs) for pupils with special educational needs or within the meaning of § 2 KraSO.
• Written application by the school authority to be submitted to the responsible government for a specifically designated school.

Benefits under the hardship scheme are paid in relation to the respective calendar year from January 1 to December 31. Advances are not paid.

The written application must be received by the responsible government by May 31 of the calendar year following the accounting year.

As a rule, the school authorities receive a pre-completed application form by post for each eligible school in advance.

In addition to administrative costs, the school authority may also claim a remaining amount from the remuneration for the necessary personnel expenses. For this purpose, the school authority must compare the corresponding payment cases of the State Office of Finance (with personnel numbers) with the corresponding payroll accounting. The corresponding evidence must be kept available for verification. Any surplus from the remuneration for personnel expenses must be taken into account. School expenses pursuant to Art. 34a para. 1 sentence 1 no. 2 in conjunction with Art. 34 sentence 1 BaySchFG are not eligible. Art 34 sentence 1 BaySchFG.

Actual and necessary expenses pursuant to Art. 34a para. 2 BaySchFG may be claimed up to a maximum of EUR 40 per month per pupil with special educational needs or within the meaning of § 2 KraSO. These total costs may not take into account the pro rata costs for pupils without special educational needs and for the pre-school sector.

A transitional regulation applies for billing from January 1, 2018 to December 31, 2028. This is intended to make the transition to the new funding easier for schools that charged school fees up to the relevant cut-off date and to enable the cost structure to be adjusted to the new funding.

Pupils without special educational needs are not covered by the hardship rule. The hardship regulation does not apply to the pre-school sector. Only costs for the school can be included in the hardship scheme. Under certain circumstances, the provider must allocate the costs between the different facilities (e.g. pre-school facility and school) appropriately (e.g. on the basis of the funding decision for personnel cost reimbursement cases, area key, number of pupils, etc.).