School types and inclusion: which school fits?

Legal status: 09.10.2026. School law is state law. This article gives orientation and uses Bavaria as an example (Art. 41 BayEUG, text in force from 02.10.2026). Other federal states have different rules.

What state law regulates

The school laws of the federal states regulate which school types exist, how special educational needs are determined and who decides on the place of learning. This also applies to reasonable adjustments. That is why there are no answers here that apply nationwide. Advice is offered by local schools, education authorities and school counselling services. Finding advice

Example Bavaria: choice of place of learning

In Bavaria, pupils of compulsory school age with special educational needs fulfil compulsory schooling by attending mainstream school or special school. After advice, the legal guardians choose the place of learning. ^{[1, para. 1]} A special-education assessment is needed for special school. ^{[1, para. 3]} In case of disagreement, the school supervisory authority decides after a hearing. ^{[1, para. 5]} In detail: Special educational needs and support plan.

How you can measure a provision

The 2021 guideline described what support in nursery and school should include. You can ask about these points at any type of school:

• Teachers and early-years educators should be trained in or comprehensively informed about autism. ^{[2, Rec. 109]}
• If a child attends a type of school with special-needs staffing, the special-needs teachers should be informed about effective methods and, where possible, trained. ^{[2, Rec. 109]}
• Support should be individual and compensate for disadvantages caused by the condition without lowering the subject requirements (for example extended working time, a low-stimulus separate room, hearing protection). ^{[2, Rec. 109]}
• A support plan or reasonable adjustments should be agreed in writing, implemented in a binding way and reviewed regularly. ^{[2, Rec. 109]}
• Transitions should be planned ahead. ^{[2, Ch. C.10.2.1]}

These points are benchmarks, not legal entitlements.

Other routes of schooling

For Germany, the guideline named a differentiated education system with special-needs advisory, support and educational services as well as, in the case of longer illness, schools for sick children and home tuition. ^{[2, Ch. C.10.2.3]} Which services exist in your state is clarified by the school or the education authority.

What else you should know

• School support workers can support participation in lessons: School support workers in everyday school life.
• On waiting lists, journeys to school and specific schools, this article provides nothing; that differs by region.
• If the child does not want to or cannot go to school: School avoidance and school absenteeism.
• Not covered: studies comparing school types. The editorial team has not read any such study; statements such as “inclusion is always better” or “special school is always better” therefore cannot be substantiated.

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 (Kap. C.10.2, 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)