It's Sarah's first day as a school support assistant, and she enters the classroom full of motivation. But questions soon arise that go far beyond pedagogical action. Is she allowed to mention the child's diagnosis in the staff room? Who is actually her employer, and which instructions from the teacher must she follow? What happens if the child has an accident? Such situations show how central the legal framework for school support is to daily work. Without sound knowledge of the legal parameters, professionals navigate uncertain terrain. This article examines the most important legal aspects of school support and gives you the necessary tools for legally secure work in inclusive school settings.
You will learn which laws govern school support, how the application process works, what must be considered regarding data protection, and which special labor law provisions apply. We also highlight common pitfalls and how to avoid them.
What is the Legal Framework for School Support and Why Does It Matter?
The legal foundations of school support form a complex web of different legal domains. At the center are the Social Code Books, particularly Books VIII and IX, which regulate entitlement to integration assistance [1]. School support is provided either under Section 35a SGB VIII for mental disabilities or under Section 112 SGB IX for physical and intellectual disabilities, depending on the type of impairment. This legal distinction has far-reaching consequences for responsibilities, application procedures, and funding.
Furthermore, the work as a school support assistant touches upon the education law of individual states, labor law, and data protection regulations according to the General Data Protection Regulation and national data protection laws [2]. These different legal spheres interlock and create a framework that simultaneously protects and obligates. For providers and professionals, this means that sound knowledge of the legal framework is not optional but absolutely essential.
Those wishing to delve deeper into this area will find a course on this topic at Diingu: Legal Framework. After all, legal aspects permeate every moment of daily work, from the first contact with the family through collaboration in the classroom to billing for hours worked.
The importance of these legal foundations becomes particularly clear when conflicts arise. Unclear responsibilities between youth welfare offices and social welfare offices, disagreements about the scope of services, or data protection violations can have serious consequences. They not only jeopardize the quality of support for the child but can also have legal repercussions for professionals and providers.
Why This Knowledge Is Essential Today
Increasing Professionalization and Quality Standards
School support has evolved from a niche activity to a significant field of work in recent years. With this development, the demands on professionals have also increased. Courts and authorities increasingly emphasize qualified personnel who act not only pedagogically but also with legal certainty [3]. Providers must be able to demonstrate that their staff possess the necessary knowledge. This particularly concerns the school support application process, where professionals are often called upon as important sources of information without being applicants themselves.
Professionalization is also evident in the fact that parents today are better informed and know their rights. They expect school support assistants to understand the legal framework and act accordingly. Those who show ignorance quickly lose credibility and trust.
Protection from Liability Risks and Legal Consequences
Legal knowledge protects not only the supported child but also the professional. Those who don't know the boundaries of their own responsibility risk falling into liability traps. Labor law for school support assistants clearly regulates, for example, who has authority to give instructions and which tasks may be undertaken. A school support assistant is typically employed by a provider, not by the school. Nevertheless, they must cooperate with the teacher without automatically following their professional instructions if these contradict the support plan or agreements with the provider.
Particularly delicate are situations in which the child comes to harm. This raises the question of duty of care. This responsibility fundamentally lies with the school but is transferred to school support in certain situations. Those who don't know this transfer and its limits risk personal liability in case of damage.
Data Protection as a Sensitive Interface
Data protection in school support is an area where errors occur particularly frequently. School support assistants gain access to highly sensitive health data of the child, school performance data, and family backgrounds. This information is subject to strict data protection regulations. Even keeping notes about the child, sharing information with colleagues, or using private digital devices for documentation can violate the General Data Protection Regulation [4].
Many professionals underestimate how quickly a violation can occur. A casual conversation about the child on the bus, an unencrypted email exchange with the teacher, or photographing work materials with a personal smartphone can already be problematic under data protection law. Consequences range from warnings to fines, and in serious cases, even criminal penalties are possible.
Complex Billing Procedures and Financial Transparency
Billing for school support follows clear legal requirements that can vary from state to state. Providers bill the responsible benefit provider for services, usually on an hourly basis. For school support assistants, this means they must document their working hours precisely. Missing or erroneous documentation can result in hours not being billable or the provider facing difficulties explaining them.
The legal framework of school support also specifies which activities are billable and which are not. Travel times, preparation times, and participation in care planning meetings are handled differently. Those who don't know these regulations can neither correctly record their own work hours nor identify any discrepancies.
Designing Interdisciplinary Collaboration with Legal Certainty
School support takes place at the interface of different systems. Youth welfare, schools, families, and often therapeutic services must be coordinated. Each of these systems follows its own legal logic. Education law regulates duties and rights within the institution of school, while social law defines entitlements to support. For successful collaboration, school support assistants must understand the legal framework in which other actors operate.
An example: The teacher wants the school support assistant to help other children in the class as well. From a pedagogical perspective, this may seem sensible, but legally it is problematic. Integration assistance is a personal service for a specific child. If school support is effectively used as an additional teacher, this violates the approval basis and can lead to reduction or termination of the service.
Common Challenges and Pitfalls
The practice of school support is characterized by gray areas and situations where legal requirements collide with classroom reality. One of the most common challenges is unclear role definition. School support assistants find themselves in a field of tension between different expectations. Schools often want a flexible support person, parents have specific ideas about support, and the provider must justify the service to the cost bearer.
It becomes particularly problematic when approved hours are insufficient or when the child needs support in situations not included in the approval notice. School trips, class excursions, or extracurricular events fall into a legal gray area. Here it's important to clarify early with the provider and cost bearer whether and to what extent support is possible and funded.
Another pitfall is confidentiality and its limits. School support assistants learn much about the family's private life. When they receive indications of child endangerment, they face a dilemma. On one hand, there is confidentiality; on the other hand, there is an obligation to act on concrete indications of endangerment. Child protection legislation regulates procedures here, but assessment in individual cases remains challenging [5].
Documentation requirements present difficulties for many professionals. What information must be recorded, where and how is it stored, who has access to it? Providers have different systems, and not all are data protection compliant. Paper-based documentation carries the risk of loss or unauthorized access, while digital systems require technical knowledge and secure infrastructure.
The topic of employment contracts and working conditions also creates uncertainty. Many school support assistants are employed on fixed-term contracts, often only for school weeks, not for vacation periods. This practice is disputed under labor law but is practiced by many providers. Those who don't know their rights cannot defend themselves against it. Minimum wage, vacation entitlements, continued pay during illness, and notice periods are topics every professional should know.
Application in Practice
Abstract legal requirements must be brought to life in concrete school routines. Let's look at some typical situations and their legal dimensions.
An experienced school support assistant, let's call her Maria, accompanies a boy with autism spectrum disorder in third grade. The support plan provides that she assists him with structuring the school day, with transitions, and in overwhelming situations. One day, the class teacher asks Maria to also help two other children during mathematics lessons who are having difficulties with the tasks. Maria is uncertain. Pedagogically, the request seems sensible; after all, she's sitting idle while her student works concentratedly. Legally, however, the situation is clear: integration assistance is person-specific. Maria may not systematically shift her attention to other children, even if brief assistance in individual situations is tolerated.
Maria knows the legal framework of school support from her training and can explain to the teacher in a friendly but firm manner why she cannot comply with this request. She suggests that the school apply for additional personnel resources from the school authority if needed. This example shows how legal knowledge helps protect one's own role while developing constructive solutions.
Another example concerns data protection. Thomas accompanies a girl with Down syndrome in sixth grade. The mother regularly asks him for detailed reports about the school day via WhatsApp. Thomas initially finds this unproblematic; after all, the mother is the legal representative. What he doesn't consider: WhatsApp is problematic under data protection law because data is stored on servers outside the EU and the service is not suitable for exchanging sensitive information. A data protection-compliant alternative would be a communication notebook or an encrypted communication system provided by the provider.
Labor law situations also shape everyday life. Lisa is employed as a school support assistant with a nonprofit provider and is supposed to take four weeks of unpaid leave during summer vacation because no hours can be billed during this time. She initially accepts this, then researches and discovers that with employment throughout the school year, such an approach is questionable under labor law. In conversation with the provider, she achieves a solution where her salary is spread over twelve months.
Such examples illustrate: legal knowledge is not theoretical baggage but a practical tool. It protects one's own interests, enables professional action, and contributes to the quality of support.
How to Get Started Successfully
Those new to school support or wishing to refresh their knowledge should proceed systematically. The first step is to carefully review one's own employment and employment contract. Which provider is the employer? What working hours are agreed? Are there regulations for vacation periods? Who has authority to give instructions? A clarifying conversation with provider management or the personnel department creates clarity from the start.
It's equally important to know the approval notice. Even though this is usually not addressed directly to the school support assistant, the provider should communicate key contents. What service was approved? For how many hours? For what period? Are there conditions or special features? This information forms the legal framework of the activity.
Data protection should be taken seriously from the beginning. Every provider must obligate their staff to comply with data protection and provide appropriate training. Ask proactively if such training is not offered. Clarify which documentation systems are used and how you should handle them. Establish clear rules: no photos of children on private devices, no conversations about children in public, no sharing of information without coordination.
Collaboration with the school also requires legal awareness. Clarify early who within the school is your contact person. This is often the school administration or an assigned teacher. Discuss your role and the limits of your activity. A written agreement on tasks and responsibilities can prevent later conflicts.
Continue your education continuously. Legal frameworks change, court decisions create new precedents, and practice evolves. Professional associations, providers, and platforms like Diingu regularly offer training. Also use exchange with experienced colleagues. Supervision or collegial case discussions are valuable formats for jointly reflecting on legal questions.
Finally: don't hesitate to ask questions. Better to ask once too often than commit an error out of ignorance. Providers, school administration, and even parents have an interest in you working with legal certainty. Those who openly communicate uncertainties show professionalism, not weakness.
Related Training at Diingu
The legal foundations of school support are complex and multifaceted. Those wishing to delve deeply into the application process, social law foundations, education law, labor law specifics, and data protection will find a structured introduction at Diingu. The course Legal Framework provides practical teaching of the most important legal aspects and helps you act more confidently in professional everyday life. Especially for career changers and professionals new to school support, this course offers a solid foundation for legally secure action.
Frequently Asked Questions
Which laws govern school support?
School support is primarily regulated by the Social Code. Depending on the type of impairment, either Section 35a SGB VIII for mental disabilities or Section 112 SGB IX for physical and intellectual disabilities applies. Additionally, the respective state education law, labor law, and the General Data Protection Regulation and national data protection laws play important roles. Together, these different legal areas form the legal framework for the activity.
Who submits the application for school support?
The application for school support is typically submitted by the parents or legal representatives of the child to the responsible benefit provider. Depending on the type of disability, this can be the youth welfare office or the social welfare office. Schools and professionals can inform parents about the possibility of applying and support them in the process but are not themselves authorized to apply. The application must be made in writing and should include medical or therapeutic assessments.
What must school support assistants consider regarding data protection?
School support assistants have access to highly sensitive health data and must strictly comply with General Data Protection Regulation requirements. This means: no sharing of information without authorization, no use of private devices for documentation, no conversations about the child in public spaces. All documentation must be securely stored. The provider must offer data protection training and obligate staff accordingly.
What special labor law provisions apply to school support assistants?
School support assistants are typically employed by a provider, not by the school. Standard labor law provisions such as minimum wage, vacation entitlement, and protection against dismissal apply. A special feature is the frequent limitation of contracts to one school year and the practice of not paying during vacation periods. This practice is legally disputed. Professionals should carefully review their employment contract and seek legal advice if unclear.
How is school support billed?
School support is typically billed by the provider on an hourly basis with the responsible benefit provider. The exact procedures vary by state and cost bearer. School support assistants must document their working hours precisely, often through time sheets or attendance lists confirmed by the school. Only actually performed and approved hours can be billed. Travel times and preparation times are handled differently.
Conclusion
The legal framework for school support forms the foundation for professional and responsible action in this demanding field of work. Without sound knowledge of the interplay between social law, education law, labor law, and data protection, professionals navigate uncertain terrain. The legal framework is complex but by no means inaccessible. It protects not only the accompanied children and their families but also the professionals themselves.
Investing in legal knowledge pays off many times over. It enables clear role definition, conflict avoidance, professional communication with all involved parties, and ultimately better support. In a time of increasing professionalization and rising quality requirements, legal knowledge is no longer an optional extra but an integral component of professional competence. Those working or wanting to work as school support assistants today should be aware of this responsibility and continuously expand their knowledge. The children we work with deserve professionals who act not only pedagogically but also with legal certainty.
Sources and Further Reading
[1] Federal Ministry of Labour and Social Affairs - Social Code Book Nine - https://www.bmas.de/EN/Social-Affairs/social-affairs.html
[2] European Commission - General Data Protection Regulation - https://ec.europa.eu/info/law/law-topic/data-protection_en
[3] European Agency for Special Needs and Inclusive Education - https://www.european-agency.org/activities/inclusive-education
[4] Council of Europe - Data Protection - https://www.coe.int/en/web/data-protection
[5] UNICEF - Child Protection - https://www.unicef.org/protection