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PART Issues and Perspectives ofHigher Education

In 1969 the Federal Government amended a Basic Law (or Federal Constitution). One of the aims of this amendment was to coordinate the different structures of higher education among different Lander. The role of the Federal Government in higher education was increased under the Basic Law. The Federal Government was given the power to enact broad legislation concerning general principles for higher education. Based on these provisions of the Basic Law, in 1976 the Federal Government enacted a Framework Act for Higher Education, which provided for the basic framework for the functions of universities, the objectives of studies at universities and the study course for achieving these objectives, faculty members, the administration and finance of higher education, and other aspects. The Basic Law prescribed that the creation and expansion of institutions of higher education be the joint tasks of the Federal and Lander governments. As a result, a Federal Law on the Promotion of the Construction of Higher Education Facilities was enacted which provided for the sharing of costs for the expansion of higher education between the Federal and Lander governments.

The Federal authority for higher education is the Federal Ministry of Education and Science. Despite the expanded role of the Federal Government in higher education, the existing role of the Government is limited to the awarding of scholarships to students and research grants to teachers and researchers, in addition to legislation on general principles for higher education and subsidization for the construction of higher education facilities. Most institutions of higher education are maintained by the Land government and supervised by the Land Ministry responsible for education and science. (The name of the Ministry differs from Land to Land. In some Lander it is the Ministry of Education (and Science) and in other Lander it is the Ministry of Science.

Each Land has a Land law on higher education enacted on the basis of the Framework Act for Higher Education. Most institutions of higher education are Land institutions. The founding of private institutions requires the approval of the Land government. Individual institutions are required to get the approval of the Land Minister for education and science before they enact their regulations on examinations and other major regulations and before they appoint their faculty members.

Regarding financing universities, Land universities charge no tuition. They are supported primarily by Land funds, Costs for the creation and expansion of universities, however, are shared equally by the Federal Government and the Land government operating each university. The scholarships to students under the Federal Training Assistance Act are also shared by the Federal and Lander governments: 65% of costs are funded by the Federal Government and the other 35% by the Linder governments.