Higher Education Framework Act (HRG) and Action Plans

Contents: General information, National Action Plan of the Federal Government.

First brought into force in 1976, the Higher Education Framework Act (HRG) establishes a nationwide minimum standard for the organisation, functions and structures of higher education institutions. In addition to defining the fundamental tasks of higher education institutions, the structure of degree programmes and the approval requirements for degree programmes, the HRG ensures the participation of various bodies in decision-making processes.

As part of the 2006 reform of the federal system, many powers were transferred from the federal government to the federal states. In the fields of science and higher education, too, many regulations were replaced by laws enacted by the federal states. 

The Higher Education Act (HRG) guarantees that people with disabilities must not be disadvantaged whilst studying. They must be able to access higher education programmes as far as possible without assistance from others, and their needs must be taken into account in the examination regulations (Bundesministerium für Arbeit und Soziales 2011, p. 49).

Universities shall contribute to the social support of students; they shall take into account the special needs of students with children. They shall ensure that students with disabilities are not disadvantaged in their studies and are able to take advantage of the university's programmes without outside support as far as possible (Section 2(4) of the Higher Education Framework Act). (Translation)

[…] examination regulations must take into account the special needs of students with disabilities in order to ensure equal opportunities (Section 16 of the Higher Education Act). (Translation)

National Action Plan of the Federal Government

With the publication of the National Action Plan in 2011, the federal Government initiated the practical implementation of the UN Convention on the Rights of Persons with Disabilities (UN CRPD). The National Action Plan is not a package of legislation, but rather a compilation of measures and objectives set by the federal government, aimed at continuously improving the living conditions and addressing the needs of people with disabilities.

The federal states and local authorities are urged to develop their own action plans, establish appropriate frameworks for action and set up structures for networking in order to implement inclusion effectively. The aim is to enable people with disabilities to participate on an equal footing in economy, politics, society and culture, as well as to open up for all citizens the opportunity to carve out a self-determined place in a barrier-free society. This also encompasses the field of (higher) education, which is mentioned, amongst others, in the following sections:

In the higher education sector, the aim is to increase the number of students with disabilities by ensuring that universities and their programmes are made increasingly accessible (Bundesministerium für Arbeit und Soziales 2011, p. 50). (Translation)

In addition, the Federal Ministry of Research, Technology and Space (BMFTR) provides funding for the ‘Study and Disability’ advice centre run by the German Student Services Organisation (Deutsches Studierendenwerk).

In 2016, the National Action Plan 2.0 was published; this builds on the first version and comprises 175 measures across 13 areas of action. The section on (higher) education has been supplemented with, amongst other things, the following sections:

The latest nationwide survey of students with disabilities and chronic illnesses at German universities – focusing in particular on the topics of access to higher education, barriers to studying, and disadvantage compensation during studies and in examinations – is also funded [by the Federal Government] (Bundesministerium für Arbeit und Soziales 2016, p. 61). (Translation)

Increase and extension of the funding allocation for the Information and Advice Centre on Study and Disability (IBS) at the German Student Services Organisation (DSW) (Federal Ministry of Labour and Social Affairs 2016, p. 61). (Translation)

For the first time, all federal ministries are participating with their own projects and initiatives. The measures are based on the human rights provisions of the UN Convention on the Rights of Persons with Disabilities and view disability as the interplay between impairment and societal barriers.