Substitute schools may only be established and operated with state approval. The application, together with all the necessary documents, must be submitted to the relevant government as the school supervisory authority no later than four months before the start of the school year.
Approval shall be granted if
- the person who intends to establish, operate or manage an alternative school offers a guarantee that it will not violate the constitutional order,
- the alternative school does not lag behind the public schools in its teaching objectives and facilities and in the academic or artistic training of its teaching staff,
- a segregation of pupils according to the property status of their parents is not promoted,
- the economic and legal position of the teaching staff is sufficiently secure.
An elementary school shall be approved as a substitute school only if the competent government as school supervisory authority recognizes a special educational interest or, at the request of legal guardians, if it is to be established as a community school or as a confessional or ideological school and a public elementary school of this type does not exist in the municipality concerned.
State-approved secondary schools which meet the requirements of Art. 7 a BayEUG may receive approval as secondary schools.
After the school supervisory approval has been granted, changes may occur in the course of the school's operation which also require the express approval of the government. In particular, the following changes are considered to require approval:
- General changes: Name changes, determination of general eligibility after the end of the grace period, change in school leadership.
- Changes in the school organization: change of sponsor, establishment of open and bound all-day programs, relocation, expansion of the number of classes, relocation of classes in case of reconstruction, establishment of additional class levels
- Changes in internal operations: concept changes, deviations from vacation regulations