The Federal Constitutional Court has ruled in favor of three high school graduates from Bavaria who had complained about dyslexia being noted in their certificates. In general, however, such notes are possible.
The First Senate of the Federal Constitutional Court has overturned a ruling on certificate notes for students with dyslexia. Three high school graduates from Bavaria had sued because it was noted in their high school diplomas from 2010 that their spelling skills in German and sometimes also in foreign languages had not been graded because of a doctor-certified dyslexia. The three men were unsuccessful in their lawsuit before the Federal Administrative Court in 2015.
Other disabilities should not go unmentioned
The Federal Constitutional Court has now ruled that the plaintiffs were right in this specific case. And they also recognize that those affected are clearly at a disadvantage if it is noted in their high school diploma that spelling is not assessed. Those who later read the report card would be able to infer the dyslexia.
Above all, the constitutional judges say it is not okay if – as was common in Bavaria at the time – dyslexia is not mentioned, but other disabilities are not mentioned. Disabilities that may also lead to individual achievements not being evaluated. From the perspective of the constitutional judges, the most important thing is to treat everyone equally. And that is why these specific notes were not admissible for the plaintiffs.
Testimonials are generally legal
In general, however, the Senate referred to the possibility of a corresponding reference. From the point of view of equal opportunities, this could even be necessary, said court president Stephan Harbarth in Karlsruhe. The Abitur is very important because it is used to assess the performance of all students. It may even have to be noted in the Abitur if some achievements are not evaluated.
The judgment is therefore a guideline for all federal states: testimonials are absolutely permitted. Maybe they even have to be enrolled in the Abitur in the interests of equal treatment. Only if there are comments, they would always have to be made when services are not evaluated.
File number: 1 BvR 2577/15, 2578/15 and 2579/15.
With information from Gigi Deppe, ARD legal editor