Notes in certificates
Federal Constitutional Court upholds students with dyslexia
The Federal Constitutional Court has decided: If certain parts of the examination, such as spelling, are not assessed, this may be noted in the certificate
© Karl-Josef Hildenbrand / DPA
Who hires someone whose reference says: “Spelling was waived”? Three former high school graduates from Bavaria with a reading and spelling disorder have gone to the highest German court because of this. The verdict has now been reached.
If certain parts of the exam, such as spelling, are not evaluated, this can be noted in the certificate. However, this must not be limited to cases of dyslexia, a reading and writing disorder, as the Federal Constitutional Court decided on Wednesday in Karlsruhe. Otherwise, students with dyslexia would be disadvantaged.
High school graduates from Bavaria go to the Federal Constitutional Court
Three former high school graduates from Bavaria were successful with their constitutional complaints because there were no certificate notes for students with other disabilities, even though individual partial achievements were not evaluated. The plaintiffs fear that this will put them at a disadvantage on the job market. They graduated from high school in 2010 with good to very good grades. It was noted in the report cards that their spelling had not been assessed. The notes are not constitutionally justified, explained Court President Stephan Harbarth. (Az. 1 BvR 2577/15 etc.)
The plaintiffs felt they had been discriminated against by the notes in their high school diploma and had sued the courts. The Bavarian Administrative Court obliged the Free State to issue them high school diplomas without the reference. In 2015, the Federal Administrative Court rejected them. They filed constitutional complaints against this Karlsruhe. The highest German court has now overturned the judgments of the Federal Administrative Court. “This means that the judgments of the Bavarian Administrative Court become legally binding, according to which the complainants must be issued with a high school diploma without any reference to the certificate.”
Compensation for disadvantages for dyslexics
Dyslexics read significantly worse and slower than other people, and they often make more spelling mistakes. According to the Bavarian government, the proportion of students with reading and writing disorders in 2019 was 1.8 percent in high schools in the state and an average of 3.4 percent in all Bavarian schools.
People with disabilities receive so-called disadvantage compensation in school exams. For dyslexics, for example, this can mean that they have more time to write. In addition, in many federal states – including Bavaria – there is the option of “grade protection”. Upon request, teachers will not allow spelling to be included in the grades. So far they have noted in their report card that they have assessed the performance differently.
According to the Federal Association for Dyslexia and Dyscalculia, around twelve percent of the population in Germany is affected by at least one of the impairments. In the case of dyscalculia or arithmetic disorder, arithmetic skills are impaired, although this cannot be explained solely by a reduction in intelligence or inappropriate schooling.