Private supplementary school; notification of construction and subsequent substantial change

Depending on the area of responsibility, the State Ministry of Education and Cultural Affairs or the government examines the notifications regarding the establishment of supplementary schools and subsequent significant changes.

Depending on jurisdiction, the State Ministry of Education and Cultural Affairs or the government in accordance with Art. 102 Para. 2 and 3 of the Bavarian Education and Teaching Act (BayEUG) will review notifications of the establishment of supplementary schools and subsequent significant changes. The establishment of a supplementary school must be notified at least three months before the start of teaching. The notification must include the curriculum as well as evidence of the school authority, the school facilities and the previous training of the head and teaching staff. Subsequent significant changes must be notified as soon as possible, together with the supporting documents.

The school authority, head, teaching staff or facilities of the supplementary school must meet the requirements prescribed by law or on the basis of laws or which are to be imposed on them for the protection of pupils. The establishment and operation of a supplementary school may be prohibited by the school supervisory authorities if the aforementioned requirements are not met and the deficiencies have not been remedied within a certain period of time despite a request from the school supervisory authority. In corresponding application of Art. 95 BayEUG, the school supervisory authority may prohibit head teachers, teachers and educators from carrying out their duties if they exhibit behavior that would justify the termination of employment in the case of contractually employed head teachers, teachers and educators at public schools, or if the school is operated without the required approval.

The notification of the establishment of the supplementary school or subsequent significant changes can be handled by a single body in accordance with the provisions of the BayVwVfG, which acts as an intermediary between the notifying party and the responsible school supervisory authority. If the procedure via the single body is used, the single body receives the notification and the legally required evidence, such as curricula and evidence of the school authority and the institution, in accordance with the procedural regulations in Art. 71a ff. of the BayVwVfG and forwards them immediately to the responsible school supervisory authority. Notifications from the responsible school supervisory authority to the party obliged to notify are also forwarded to the party obliged to notify via the responsible school supervisory authority in the event that the party obliged to notify has called in the single body to handle the notification obligation. This does not entail a change in the responsibilities of the school supervisory authorities.

• Notification of the establishment of a supplementary school

  including the curriculum and evidence of the school authority, the school facilities and the qualifications of the head teacher and teaching staff

• Notification of subsequent substantial changes to a supplementary school

  accompanied by the relevant supporting documents