German private schools 'violating constitution'

Deutsche Welle ^ | 11.23.2016 | Ben Knight

[Olog-hai]

Germany’s private schools are violating the constitution by picking students according to their parents’ wealth, a new study has found. The result is increasing social segregation and elitism, the authors say.

German state governments are allowing schools to disregard an article of the country’s constitution designed to ensure that a mixture of social classes are able to attend private schools, according to a new study by the Berlin Social Science Center (WZB).

Article 7, Paragraph 4 of the “Basic Law” guarantees the right to establish private schools as an alternative to state schools — but only subject to their approval by state governments, who are responsible for education in Germany. “Such approval shall be given when private schools are not inferior to the state schools in terms of their educational aims, their facilities, or the professional training of their teaching staff, and when segregation of pupils according to the means of their parents will not be encouraged thereby,” the paragraph reads.

But the WZB study found that most German state governments do not enforce that principle, and some don’t even have any regulations in place with which to do so. …

[freedumb2003]

Sounds like they are going to experience the same fun as the busing we did in the 1970s.

Massive mistake and many a suburban school was wrecked by imports from the inner city.

[manc]

Also means some schools will now have to take those immigrants who newly arrived.

[BBell]

My thoughts too.

[Terry L Smith]

My guess is that all the principalities in Germany, considering it is a constitutional issue, left the devil details to the national lawmakers to decide, instead of their own local governments.

Although it could also be a case where the language used at the national level does not filter down to the local level very well.

[Cowboy Bob]

Why has this suddenly become a problem?

[manc]

Because they want more newly arrived , third world immigrants going to these schools.

Germany was a great country when I used to go, and now after talking to many Germans I know here, it does seem that the country has gone to hell.

[BenLurkin]

Great. The Germans have a “Constitution” which protects the rights.......of government.

[Olog-hai]

Well, if you thought Article 7 was a doozy, have a look at Article 5, which concerns freedom of speech.

1. Every person shall have the right freely to express and disseminate his opinions in speech, writing and pictures, and to inform himself without hindrance from generally accessible sources. Freedom of the press and freedom of reporting by means of broadcasts and films shall be guaranteed. There shall be no censorship.
   
   
2. These rights shall find their limits in the provisions of general laws, in provisions for the protection of young persons, and in the right to personal honor.
   
   
3. Arts and sciences, research and teaching shall be free. The freedom of teaching shall not release any person from allegiance to the constitution.

I much prefer our First Amendment, with “negative liberty” approach and no limits stated, certainly no power granted by the government to attack/abridge our rights by “the provisions of general laws” or any other means.

[C19fan]

A lot of more modern constitutions have those get out of jail clauses. They make a statement of freedom then insert the weasel clause.

[Olog-hai]

To me, they are more throwback than modern, i.e. with an eye towards reversing much of the Enlightenment. I’m reminded of the USSR’s constitutions with respect to such rights (weasel clauses in Italics):

In conformity with the interests of the working people, and in order to strengthen the socialist system, the citizens of the USSR are guaranteed by law:

1. freedom of speech;
2. freedom of the press;
3. freedom of assembly, including the holding of mass meetings;
4. freedom of street processions and demonstrations.

These civil rights are ensured by placing at the disposal of the working people and their organizations printing presses, stocks of paper, public buildings, the streets, communications facilities and other material requisites for the exercise of these rights.

— 1936 Constitution (Stalin), Article 125

In accordance with the interests of the people and in order to strengthen and develop the socialist system, citizens of the USSR are guaranteed freedom of speech, of the press, and of assembly, meetings, street processions and demonstrations.

Exercise of these political freedoms is ensured by putting public buildings, streets and squares at the disposal of the working people and their organizations, by broad dissemination of information, and by the opportunity to use the press, television, and radio.

— 1977 constitution (Brezhnev), Article 50

This pattern has been repeated worldwide, and has of course promoted the opposite of freedom.

[Secret Agent Man]

German government is extremely evil.

[pepsionice]

I live in Germany so I can speak to part of this. State governments are given an enormous amount of latitude on schooling. The national gov’t can dictate a few things but it’s state funding, not national funding, that provides operational cost.

I also think there’s more than enough regulation over private schools in existence. What this foundation is attempting to do or say....is force some national authority over what states run. It won’t happen because all sixteen German states would laugh in the face of the Berlin authority.

As for private schools and immigrants....zero potential. The state-run public schools are the only device existing. I do think that in some major urban areas....some Islamic private schools might attempt to exist but if you look at what states wrote as regulation....you have to have a university degree and I don’t see these Islamic charity units coming up with enough cash to fund this type of operation. Most new immigrants will never have the cash to pay for even part of this financial cost.

As for the success of these private schools that do exist? None of these are cheap or “affordable”....but these private schools or academies do turn out bright kids. Part of their success I think...is that they have lower ratios of kids to teachers.