Education International Research
2. Legal framework and policies to promote education rights of refugee children and youth This chapter introduces Germany’s legal and administrative framework around the education of refugee children and youth. It introduces refugee administration and the school system (2.1), explores whether and when children and youth are provided with regular schooling (2.2.1), how the introductory phase in regular schools is organised (2.2.2), and how schools deal with refugee students once they are fully integrated in regular classes (2.2.3). These questions correspond to the three dimensions relevant for the process of integration – access, organisation of the introductory phase, and interactions in relations (Vogel and Karakaşoğlu, 2017). Germany is highly federalised, with federal administration being the exception rather than the rule. The implementation of laws is generally the responsibility of local councils under the guidance of state regulations. Asylum laws and decisions are a federal responsibility. In contrast, school laws are a state responsibility with a wide range of discretion at local level. Thus, practices vary between states and even between cities in relation to refugee integration9 and school education. The federal level has a coordinating function only.
2.1. General Legal and organisational framework
2.1.1. Refugee administration Before discussing school integration, it is crucial to have a general understanding of the living conditions of refugees. We use the term ‘refugee’ here in a broad sense, referring to people who have sought protection for humanitarian reasons – those who seek or have received asylum or another protected status as well as persons who are temporarily not deportable10 (Vogel and Karakaşoğlu, 2017).
9 The term ‘integration’ is critically discussed in Germany, as it is often used in contexts suggesting that integration means adjustment of migrants to given circumstances (Mecheril, 2011). It is used here as a descriptive term, indicating a process in which new members become part of a system. It can involve adjustments of the system and of newcomers (Penninx et al., 2004, p.142). 10 These persons receive a so-called ‘toleration’ in Germany. It is no residence status, but gives access to social rights similar to those of asylum seekers.
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