The hardship regulation can be applied if pupils and persons who no longer attend school with a non-German mother tongue or language of origin have not had the opportunity to acquire the required level of proficiency in English in their previous career.
The prerequisite for the recognition of a case of hardship is therefore met if the lack of corresponding knowledge is not the responsibility of the pupils or their legal guardians.
This is generally the case if pupils were exempt from English while attending a German school. As a rule, this is not the case if pupils attend a German school (Mittelschule, Gymnasium, Realschule, Wirtschaftsschule or a corresponding special school that teaches according to the general school curriculum) from year 7 onwards and were able to acquire the necessary English language skills in a reasonable manner by being able to follow the lessons there adequately, for example after previous support in a German class or by attending an intensive German course.
In the interests of equal treatment of all pupils, it must also be examined whether and to what extent the pupils have been taught English at the schools they previously attended, for example abroad.
The governments are responsible for deciding whether to grant the above-mentioned hardship regulation.
There are two options for the recognition of another modern foreign language:
- Firstly, the required language skills can be proven by a language certificate generally recognized by the Ministry of State.
- Secondly, language proficiency in the native language can be proven in accordance with § 28 Para. 10 of the Secondary School Regulations (MSO) as part of the special performance assessment for the acquisition of the qualifying secondary school leaving certificate, if the Ministry of State offers a performance test and examination tasks for the respective native language.
Sample examinations are available on the mebis learning platform to advise pupils (see "Further links").
Pupils from vocational schools and vocational colleges as well as applicants who no longer attend a school must apply for admission by March 1 at the secondary school that has a grade 9 and in whose catchment area they usually reside. Schools are requested to inform pupils of this option at the beginning of the school year. The requirements of § 28 MSO must also be observed.
In addition, applicants for whom the above-mentioned hardship provision may apply must also be advised that proof of the English language skills required for the qualified vocational qualification, the intermediate school leaving certificate of the vocational school or vocational school can be provided in accordance with § 28 para. 5 MSO as part of the special performance assessment for the acquisition of the qualifying secondary school leaving certificate by participating in the individual English examination.
