Private special schools and private schools for the sick; application for funding to compensate for special hardships

The Free State of Bavaria grants subsidies to sponsors of private special schools and private schools for the sick to compensate for special hardships insofar as other benefits under the Bavarian School Financing Act do not cover the actual and necessary expenses.

Description

With the new regulation of the financing of private special schools, a new hardship provision was created in Art. 34a (2) of the Bavarian School Financing Act (BaySchFG), among other things. This voluntary benefit can be granted in accordance with the state budget if

  • the improved state benefits do not cover the actual and necessary expenses for pupils with special educational needs or within the meaning of Section 2 of the Hospital School Regulations (KraSO) who are of compulsory school age or are in secondary special schools up to and including grade 12, and
  • the school authority submits a corresponding application.

Prerequisites

  • The school in question is a private special school or private school for the sick that participates in the funding pursuant to Art. 34a BaySchFG.
  • The school in question was approved on August 1, 2015, or if state approval was not granted until later, the school must have existed for at least 2 years from the date of approval without significant objection
  • The benefits under the BaschFG do not cover the actual incurred and necessary expenses in connection with the operation, administration and organization of a specifically designated school (Trägerverwaltungskosten) for pupils with special educational needs or as defined in Section 2 KraSO.
  • Written application by the school board to be submitted to the competent government for a specifically designated school.

Procedure

Benefits under the hardship scheme are paid in respect of the respective calendar year from January 1 to December 31. Advances are not paid.

The written application must be received by the responsible government by May 31 of the calendar year following the accounting year.

As a rule, the school boards receive a corresponding pre-filled application for each eligible school in advance by mail.

Special notes

In addition to carrier administration costs, the School Board may also claim any remaining amount from the remuneration for the necessary personnel expenses. For this purpose, the School Board must compare the corresponding payment cases of the State Office of Finance (with personnel numbers) with the corresponding payroll. The appropriate supporting documentation shall be kept available for review. Any surplus from compensation for personnel expenses is to be credited. Not to be taken into account are school expenses according to Art. 34a Para. 1 Sentence 1 No. 2 in conjunction with. Art 34 sentence 1 BaySchFG.

Actual and necessary expenses according to Art. 34a Para. 2 BaySchFG can be claimed up to a maximum of 40 EUR per month per pupil with special educational needs or in the sense of § 2 KraSO. These total costs may not take into account the proportionate costs for pupils without special educational needs and for the preschool area.

A transitional regulation applies to accounting from January 1, 2018 to December 31, 2028. This is intended to facilitate the transition to the new funding for schools that charged school fees up to the relevant cut-off date and to enable the adjustment of the cost structure to the new funding.

Students without special needs are not covered by the hardship provision. The hardship provision does not apply to preschool. Only school costs may be applied under the hardship provision. Under certain circumstances, the responsible body must allocate the costs between the different facilities (e.g. pre-school facility and school) appropriately (e.g. on the basis of the funding decision in the case of personnel cost reimbursement cases, area key, number of pupils, etc.).

Deadlines

A written request must be submitted to the appropriate government by May 31 of the calendar year following the accounting year.

Processing time

Processing, including payment of the corresponding benefits, usually takes place during the year in which the application was submitted.

Fees

  • none

Legal bases

Status: 09.05.2022

Responsible for editing: Bayerisches Staatsministerium für Unterricht und Kultus

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  • Online transactions, Bavaria-wide
  • Online transactions, locally limited
  • Prefillable Form, Bavaria-wide
  • Legal bases, Bavaria-wide
  • Legal bases, locally limited
  • Fees, Bavaria-wide
  • Fees, locally limited
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Regierung von Oberbayern
Sachgebiet 44 - Schulorganisation, Schulrecht

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Maximilianstraße 39
80538 München

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80534 München

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+49 (0)89 2176-2914

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