Special educational needs: place of learning, assessment and support plan (example Bavaria)

Legal status: 08.10.2026. School law is state law. As an example, this article presents Art. 41 of the Bavarian Act on Education and Teaching (BayEUG) (text in force from 02.10.2026). Other federal states have different rules. On reasonable adjustments see Reasonable adjustments at school. Legal terms are translated here for understanding; the German wording of the law is what counts.

Compulsory schooling and place of learning

Pupils of compulsory school age with special educational needs fulfil their compulsory schooling in Bavaria by attending mainstream school or special school. The special school can be attended if special special-needs support is required. After advice, the legal guardians choose the place of learning; pupils who have come of age and have the necessary understanding decide themselves. ^{[1, para. 1]}

Registration and special-education assessment

The parents register their child at a mainstream school or at a special school. Admission to a special school requires a special-education assessment to be drawn up. ^{[1, para. 3]} On application, pupils can change between special school and mainstream school after they have been comprehensively advised by the school supervisory authority. ^{[1, para. 10]}

If school and parents disagree

If individual support at the mainstream school is not sufficiently possible despite available support and inclusion services and either the child’s development is at risk or the rights of others are significantly impaired, the child attends the suitable special school. ^{[1, para. 4]} In case of disagreement, the school supervisory authority decides after a hearing; the decision can be time-limited. ^{[1, para. 5]} Legal remedies can be filed against decisions; how this works is described in general in the article Applying and filing an objection (school law has procedural rules of its own that are not presented here).

Support plan

For nursery and school, the 2021 S3 guideline named, among other things, training for teachers, individual support without lowering the subject requirements, and a written support plan or reasonable adjustments. ^{[2, Rec. 109]} The guideline expired on 23.03.2026. ^[3] How a support plan must be structured under Bavarian law, we have not checked and do not present here. On the role of a school support worker: School support workers in everyday school life.

What this article does not explain

Not covered are the areas of special educational support, the course of the assessment, the Mobile Special-Needs Service, rules on deferral and length of compulsory schooling (Art. 41 paras 6 to 9 BayEUG) and the rules of other federal states. For questions in an individual case, school advice centres, advice services and specialist lawyers can help.

Sources and literature

1. Art. 41 BayEUG – Schulpflicht bei sonderpädagogischem Förderbedarf oder längerfristiger Erkrankung, Text gilt ab 02.10.2026 (www.gesetze-bayern.de/Content/Document/BayEUG-41). – State law (in German)
2. DGKJP, DGPPN et al. Autismus-Spektrum-Störungen im Kindes-, Jugend- und Erwachsenenalter. Teil 2: Therapie. S3-Leitlinie, AWMF-Reg.-Nr. 028-047, Stand Text 02.05.2021 (Empf. 109). – Guideline (in German); expired on 23 March 2026 (see no. 3)
3. DGKJP. Aktuelle Leitlinien (Eintrag 028-047: „Gültig bis 23.03.2026“). https://www.dgkjp.de/wissen/aktuelle-leitlinien/ – Professional society (website in German)