Background information

Over 64,000 Ukrainians fleeing from the war in their country have been registered in Austria by early May. With the activation of Council Directive 2001/55/EC, Ukrainian refugees are granted immediate and collective protection, thus alleviating pressure on national asylum systems. The displaced persons are to enjoy harmonised rights across the EU, including residence, access to the labour market and housing, medical assistance, and access to education for children. The national legislation on the temporary right of residence came into force on 11 March 2022.

Content of measure

In principle, the legal requirements for refugees have not been amended. All children of school age who are "permanently" (i.e. until further notice) residing in Austria are obliged to attend school and fulfil their compulsory schooling at any public or private school. Pupils who are no longer of compulsory school age and young people who do not speak sufficient German to be able to follow the lessons can attend school as extraordinary pupils within the framework of the respective legal provisions (e.g. admission requirements), provided that the school still has the corresponding capacities. There is no legal entitlement to this, but the lawmaker has recommended to provide school places to all interested students. If eight or more pupils are accepted as extraordinary pupils at the school location, it is obligatory to establish a separate (language support) class; otherwise, it is provided on an integrative basis. Also here, the lawmaker has recommended to the individual school locations to open up specific classes for Ukrainian refugees.

Teachers from the Ukraine may be employed via a special contract based on their qualifications, as stipulated in the pre-existing service laws. The prerequisite for such teachers to have at least basic German language skills has - extraordinarily - been suspended for the remainder of the school year 2021/22.

In addition, the Federal Ministry of Education and Research has recommended to create opportunities for Ukrainian students to receive school lessons during non-school hours in accordance with the requirements of the Ukrainian school system (because in Austria, the focus lies on the German language acquisition only). Forms of support could include the voluntary use of unused classrooms outside of school hours, the use of existing infrastructure (e.g. internet), the provision of digital devices on loan or support with additional learning and teaching materials.

Use of measure

Around 6,500 school pupils have been integrated in Austrian school classes since the beginning of the Russian invasion in Ukraine.

Target groups

Workers	Businesses	Citizens
Does not apply to workers	Does not apply to businesses	Children (minors) Migrants or refugees

Actors and funding

Actors	Funding
National government	National funds

Social partners

Social partners' role in designing the measure and form of involvement:

	Trade unions	Employers' organisations
Role	No involvement as case not in social partner domain	No involvement as case not in social partner domain
Form	Not applicable	Not applicable

Social partners' role in the implementation, monitoring and assessment phase:

• No involvement
• Main level of involvement: N/A

Involvement

No involvement.

Views and reactions

Not available.

Sources

• 24 May 2022: Support for schools (www.bmbwf.gv.at)