Dyslexia: Federal Constitutional Court negotiates testimonials

Status: 06/28/2023 11:32 a.m

“Spelling performance was not evaluated due to dyslexia” – the Federal Constitutional Court is now to examine whether this note in the Abitur certificate is legal. The plaintiffs fear disadvantages in applications.

“Hey, I’m Toni and I’m studying physics.” “Hello, I’m Patrick, I’m a qualified two-wheeler mechatronics technician, currently on the way to my master’s degree.” “I’m Svea, and a registered nurse and medical student.”

The young activists at the Federal Association for Dyslexia have put a film about themselves online and admit it: Yes, they are dyslexic. “Dyslexia is no reason to give up your dreams,” says the film. And: “Realize your goals.”

see plaintiffs disadvantages

Three young men who each graduated from high school in Bavaria in 2010 also want to achieve their goals. You went before the Federal Constitutional Court because of a comment on your high school diploma. It says: “Due to dyslexia, which was diagnosed by a specialist, spelling skills were not evaluated.”

The three find it a stigma for the rest of their lives. They do not deny that they have dyslexia. That they got more time when they graduated from high school. Or that spelling mistakes were not counted.

But in later applications, this comment in the certificate is a clear disadvantage. Everywhere, error-free reading and writing would be valued very highly. What is neglected is that they could be very strong in other areas, for example in the natural sciences or in mathematics.

Federal Administrative Court sees none disadvantage

The reference to dyslexia can be harmful, says Annette Höinghaus from the Federal Association for Dyslexia:

The problem is that there are of course many prejudices against people with dyslexia, and often employers, who of course then want to hire an employee or trainee based on a high school diploma, are afraid that someone with dyslexia will not be up to the job requirements.

The three plaintiffs did not win the case at the highest German administrative court, the Federal Administrative Court. Admittedly, dyslexia has nothing to do with talent and intelligence. It just takes longer to read and write. Nevertheless, it is okay that dyslexia is mentioned in the certificate. Because those concerned would get more time than others in the final exam. That would give them preference.

Dyslexia is legally recognized as a disability. Nevertheless, according to the Federal Administrative Court, this is not disadvantageous for disabled people if it is mentioned in the certificate. It’s not about documenting a disability, but about making the certificate more transparent.

Judgment expected in several months

The three plaintiffs see things differently. Her lawyer Thomas Schneider points out that the schools, i.e. the state, are taking action here. He shouldn’t exclude people with disabilities: “Rather, he should ensure that people with disabilities are integrated into every area of ​​society on an equal footing.”

What is the state allowed to write, are the schools allowed to write the remarks in the certificate? What does the Basic Law require? The Federal Constitutional Court is now hearing these questions. A verdict will come in a few months.

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