Legal Framework
The declared aim of the Technical University of Munich is the equal and independent participation of students with disabilities and chronic illnesses in their studies and in student life. In addition, the right to equal opportunity to participate in higher education is mandated by law in many cases.
The legal basis can be found in the Basic Law (Grundgesetz), the UN Convention on the Rights of Persons with Disabilities as well as the Social Security Code (Sozialgesetzbuch). Studying with a disability is regulated in the university laws. The examination regulations at the university can be found in the General Examination and Study Regulations (APSO) or the General Diploma Examination Regulations (APDO).
UN Disability Rights Convention
The UN Disability Rights Convention, or UN-BRK for short, was passed by the UN General Assembly in New York in 2006, came into force in 2008 and was ratified by Germany in 2009. The aim is the equal participation of all people in social life.
In the university context, Article 24, Paragraph 5 is important:
“The States parties ensure that people with disabilities have access to general higher education, vocational training, adult education and lifelong learning without discrimination and on an equal basis with others. To this end, the States parties shall ensure that appropriate accommodation is provided for people with disabilities.”
Grundgesetz (GG)
A right to compensation for disadvantages for people with disabilities and chronic diseases results from the principle of equality, the prohibition of discrimination and the welfare state principle of the Basic Law for the Federal Republic of Germany.
- Article 3 (1) and (3) sentence 2 of the Basic Law (GG):
(1) “All people are equal before the law.”
(3) “Nobody may be disadvantaged because of their disability.” - Article 20 of the Basic Law:
“The Federal Republic of Germany is a democratic and social federal state.”
Social Code (SGB)
Disablement includes according to § 2 paragraph 1 SGB IX physical, mental or sensory impairment as soon as the impairment lasts longer than six months.
People with an impairment are people with a physical, mental or sensual impairment which correlative with barriers due to attitudes or environmental factors and prevent very likely equal partizipation for morethan six months. Impairment according to paragraph 1 occurs if physical or mental condition differ from the typical condition at the respecitve age. People may suffer from impairment if the conditions (paragraph 1) are or can be expected. (This translation is not an offical one!)
UNIVERSITY FRAMEWORK ACT (HRG)
The Higher Education Framework Act, or HRG for short, forms the basis for the federal state level for the higher education framework laws of the federal states and applies to both state and state-recognized universities. It contains paragraphs on equal opportunities for disabled students.
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Section 2 (4) sentence 2 HRG:
“[The universities] ensure that disabled students are not disadvantaged in their studies and that they can take advantage of the university's offers as far as possible without outside help.”
- Section 16 sentence 4 HRG:
“Examination regulations must take into account the special needs of disabled students in order to maintain their equal opportunities.”
BAVARIAN Higher Education Innovation ACT (BayHIG)
The Bavarian Higher Education Innovation Act implements the federal laws at the state level. The following articles regulate the studies of students with disabilities.
- Article 2 paragraph 5 sentences 1 and 4 expressly describes the consideration of the special needs of students with disabilities as a task of the universities in order to counteract disadvantages:
“1The universities shall ensure equal opportunities for their members regardless of gender, social, cultural or ethnic origin, age, sexual identity, religion or ideology, disability or chronic illness.”
“4They compensate for the disadvantages of members with disabilities or chronic illnesses in the best possible way.”
- Article 84 paragraph 2 sentence 5 relates to equal opportunities in university examinations.
The regulations that result from the Basic Law and the university laws are regulated at TUM for Bachelor and Master’s degree programs in the General Examination and Study Regulations. If you are studying in a diploma course, you will find the relevant regulations in the General Diploma Examination Regulations (ADPO).
As you can already read in the section on exams, the type of disadvantage compensation for exams depends on the type and severity as well as the effects of a disability or chronic illness.
BACHELOR'S AND MASTER'S DEGREE PROGRAMS
According to Section 19 of the General Examination and Study Regulations for Bachelor and Master’s degrees at TUM (APSO):
“(1) In the examination procedure, consideration must be given to the type and severity of a disability. If a student makes it credible that he is unable to take part or all of the examination in the intended form due to long-term or permanent physical handicap, this can be offset by a corresponding extension of the working hours or a different design of the examination procedure. A medical certificate must be presented on request.
(2) Decisions according to Paragraph 1 are made by the responsible examination board in agreement with the examiner.
(3) Paragraphs 1 and 2 apply accordingly to oral examinations.”
DIPLOMA COURSES
In §9 (4) of the General Diploma Examination Regulations of the Technical University of Munich (ADPO) it is regulated:
“Examination candidates with long-term or permanent physical disabilities are entitled to an extension of the processing time for written examination parts by up to one upon written request to the chairman of the examination board To grant quarters if the disability justifies it. The application must be attached to the registration for the examination. Applications received later can only be considered if the handicap only occurred after the notification. The chairman of the examination board can request the submission of a medical certificate and, in justified cases of doubt, a certificate from the health department.”