17 - Germany - Private education

The overwhelming majority of higher education institutions in the Federal Republic of Germany are state-run institutions maintained by the Länder. The Basic Law ( Grundgesetz) does not expressly regulate the establishment of non-public higher education institutions. However, their establishment is permitted in principle pursuant to the general guarantee of the freedom of art and scholarship, research and teaching enshrined in the Basic Law (Art. 5, Paragraph 3). The Framework Act for Higher Education ( Hochschulrahmengesetz) of the Federation and Länder laws governing higher education ( Hochschulgesetze) stipulate what minimum requirements have to be satisfied if non-public institutions are to be recognised as institutions of higher education by the state.

The Länder alone are responsible for awarding recognition to non-public institutions. The Federation and the Länder have agreed that non-public institutions are to be accredited by the Science Council (Wissenschaftsrat). Institutional accreditation is a procedure of quality assurance which is to determine whether an institution is capable of providing study courses which according to legislation belong to the sector of higher education. Within the framework of the accreditation procedure, thus is to be examined and established whether minimum standards of quality are fulfilled. These minimum standards follow the requirements laid down in the Framework Act for Higher Education of the Federation and Länder laws governing higher education and should be related to the individual profile of the institution to be recognised. Official recognition by the respective Land is dependent on proof of that the non-public higher education institution is of equivalent status (not identical in form) to state higher education institutions. Therefore there is a whole list of points where the non-public institution must prove that it satisfies the demands, the standards and the performance of a comparable state institution. Furthermore, it must also be ensured that those belonging to the institution of higher education have at least a minimum level of co-determination in teaching and research matters. Recognition involves establishing the designation and organisation of the higher education institution, as well as the courses of study and examinations it plans to offer and the award of higher education degrees.

The number of state recognised institutions of higher education and student figures are steadily increasing. In 2005 there were a total of 378 institutions of higher education in Germany, catering for a total of just less than 2 million students. These included more than 100 – mainly small – state-recognised institutions of higher education maintained privately or by the Churches.

Berufsakademien (professional academies) are governed by regulations specific to the Länder. Whilst all professional academies are publicly maintained in Baden-Württemberg, Sachsen and Thüringen, the Berufsakademielaws in Hessen, Niedersachsen, Schleswig-Holstein and Saarland only provide for the existence of exclusively state-recognised professional academies, which require the approval of the relevant Land ministry. The June 2005 Hamburg Berufsakademielaw facilitates the establishment of state as well as state-recognised institutions. Unlike the 19 state institutions, the 21 non-public professional academies in Germany are not financed by the Länder.

Institutions:
Wissenschaftsrat
Brohler Str. 11 50968 Köln
Tel.:0221/3776-0
Fax:0221/388440
Website: http://www.wissenschaftsrat.de

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