The Council of State is blocking the possibility of public education for cooperation schools in its advice
Until now, it has only been formally possible for a cooperative school to come under a board for special education. The objection to this is that public education in shrinking areas is transitioning to a board of special education when cooperating schools are formed. The attempt to create equivalence for public education in a bill by also making it possible for a cooperative school to fall under public administration has now been advice of the Council of State torpedoed.
The starting point of article 23 of the constitution is the dual system. Public education is in principle - according to the first sentence of the fourth paragraph of this provision - provided in public schools and special education in private schools. However, public education need not always be provided in public schools. Since the amendment of the second sentence of Article 23, paragraph 2006, of the Constitution in XNUMX, it has been explicitly stated that public education can be provided "whether or not in a public school".
However, this is a deviation from the main rule, which is only permissible in a special situation, according to the description in the explanation. That's a joke! If a new government and the new parliament adopts the advice - and that is obvious in view of the political constellation after 15 March, given the crucial role of confessional parties CDA and CU - public education will automatically disappear with further contraction and this education falls victim to strict legal reasoning, which secures special education rights, but at the same time is subject to incredibly nimble legal interpretations of what public education is and should be according to the constitution. The CBOO and the AOb The Public Education Working Party can only conclude that the government, parliament and Council of State are knowingly cooperating in a process whereby the core of Art 23 GW is being eroded.
