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Staatliche Aufsicht über Ersatzschulen

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»State supervision of alternative schools. Possibilities and limits of state influence on private schools as alternatives for public schools under Article 7 of the Basic Law« Private schools have a special position in Germany 's Basic Law. Article 7 of the Constitution not only provides for a right to establish private schools, but also mandates state supervision. As an exception in the fundamental rights section, it also lays down concrete requirements for the operation of and a state approval requirement for alternative schools as the most significant group of private schools. The significance of these as of now little outlined fundamental right provisions is examined in detail from a legal perspective of limitations to the state's power and developed further in the course of a comprehensive review of the laws regarding alternative school in the sixteen federal states. In the process, constitutional law gives rise both to demands on the state legislatures, which have not always been met, and to requirements for the application of state supervision in governmental practice and for the freedom of school design.
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