The Lower Saxony State Court has declared a standard for funding inclusive schools in Lower Saxony to be unconstitutional because certain school authorities are not taken into account

(Ref.: 2/24 of 03.12.2025). The state of Lower Saxony grants local authorities financial compensation for the higher costs incurred due to the fact that all public schools in the state have been inclusive since 2012. The distribution of funds is based on the number of pupils in primary and lower secondary education, but local authorities that are exclusively responsible for schools in upper secondary education are left empty-handed. The State Court of Justice considers this lack of equalisation, which has affected the upper secondary level since the 2018/2019 school year, to be unconstitutional. It has now called on the state legislature to present a new regulation that conforms to the constitution by the end of next year and with retroactive effect from 1 January 2022.