Information about disability compensation

Students whose impairments fall under the consistent definition of the term “disability” (Section 2(1) of Social Insurance Code IX) are legally entitled to disability compensation:

“People are disabled if their physical functions, intellectual abilities or mental health have a high probability of differing from the typical state for their age for longer than six months and if, as a consequence, their participation in society is impaired. [...]”

Although dyslexia is not a disease, students with this condition may also request disability compensation. A psychological report issued no longer than two years ago must be presented as a supporting document.

Evidence of entitlement to disadvantage compensation must be provided. This evidence may take the form of a disabled pass (if study-related disadvantages are discernible from the pass without having to provide any additional evidence) or a medical certificate issued by a specialist and/or a medical certificate issued by an approved therapist justifying and supporting disability compensation.

Requests are addressed to the Chair of the Examination Committee. The Examination Committee decides whether the request can be granted, and informs the Examination Office of its decision. The Examination Office then informs the student of the decision in writing.

It goes without saying that the Examination Committee and the Examination Office are bound to secrecy; they will not inform anyone of students being granted disability compensation. Students must then inform their examiners, lab managers or field trip leaders of the modified examination or study conditions in good time.

The certificate must be issued by a specialist; in the case of mental illness, certificates from psychologists or psychotherapists also apply. The certificate should not contain a diagnosis, prognosis or medical history, but these can be listed at the request of the student.

The following three points must be mentioned though:

1. Impact of the disability / illness on the following study and / or examination achievements
   Here, the university needs a clearly formulated, specialist opinion on which examinations or course achievements the students have a disadvantage compared to other students due to illness, e.g .: "Exams take more time", “Long distances cannot be covered during excursions on foot”, etc.
2. Recommendation for the compensation for the disability / illness
   Here, the university needs a clearly formulated, specialist assessment of which measures can be used to compensate for the disadvantage described above, e.g. "An increase in writing time of x"; Breaks after x minutes ", exam questions in a font size of x", etc.
3. Period of validity
   Here, the university needs a specialist's opinion on whether the condition of the student is expected to change for the probable duration of the studies (standard course duration).

1. Reflection: Think about any past experience you have of being disadvantaged in study or examination situations owing to health issues, or where it is known that such a disadvantage exists
2. Use the template: Download, save and open the request form.
3. Describe the nature of the disadvantage: Diagnosis, medical history and prognosis are of no relevance to disability compensation and need not be disclosed under any circumstances, although, of course, the type of disability compensation may enable conclusions to be drawn about the cause.
4. Describe what has to be changed to correct the disadvantage: Disadvantage compensation must provide a specific description of the type and nature of compensation. For example, “25% more time” rather than “more time for written examinations”
5. In the case of invisible constraints: Enclose a medical certificate issued by a specialist confirming precisely this disadvantage and the suggested compensatory measures. This is important. It is not enough to simply communicate a diagnosis (which, moreover, need not even be mentioned). In the case of mental illness, the medical certificate may also be issued by a therapist. It is not necessary to obtain an expert opinion from a public health officer.
6. Disability: If, in the case of disability, the student’s study-related disadvantage is discernible from his or her disabled pass without having to provide any additional evidence, a copy of the disabled pass will suffice.
7. Sending the request: The request must be sent together with the medical certificate to the Chair of the Examination Committee, which will review the request.

•  Basic Law:
  • Article 3: No person shall be favoured or disfavoured because of sex, parentage, race, language, homeland and origin, faith, or religious or political opinions. No person shall be disfavoured because of disability.
  • Article 12(1): All Germans shall have the right freely to choose their occupation or profession, their place of work and their place of training. The practice of an occupation or profession may be regulated by or pursuant to a law.
  • (2) No person may be required to perform work of a particular kind except within the framework of a traditional duty of community service that applies generally and equally to all.

• Lower Saxony Higher Education Act (NHG):
  • Section 3(1)(7): [The functions of higher education institutions are] to participate in the social advancement of students, taking into account the special needs of students with children and of disabled students, whereby higher education institutions shall ensure that disabled students are not disadvantaged in their studies and that the services provided by the higher education institution can be utilised, preferably independently.

No definitive statements on the form of disability compensation and examination modifications can or should be made. In any case, consideration must be given to the individual situation of the students concerned and to the particularities of the subject, under the aspect of fairness for all candidates.

The following examples may be used as a basis for decisions or as food for thought:

• More time
  This may mean more time allotted for completing written examinations, including breaks, or for completing term papers and presentations.
• Individual arrangement of dates for written examinations and term papers
• Permission of compensatory or substitute performances
  For example, written work may compensate for periods of absence or if the student is unable to complete academic assignments requiring full mobility (e.g. field trips, field visits). It may be appropriate to modify the examination content when the examination refers to previous coursework that the student was unable to complete due to illness
• Permission to take written examinations instead of oral examinations, and vice versa
• Withdrawal from the performance recording process outside the prescribed periods
  Where there are serious grounds for such withdrawal, e.g. an additional illness, situations of particular stress, the loss of assistance.
• Provision or permission of technical aids or support workers
  Examples of technical aids include computers for visually impaired students and workstations for wheelchair users. Support work may be provided by an amanuensis (scribe) outside the discipline, for instance.