In 2006, six percent of German children attended private schools.
In Germany, Article 7, Paragraph 4 of the Grundgesetz, the constitution of Germany, guarantees the right to establish private schools. This article belongs to the first part of the German basic law, which defines civil and human rights. A right which is guaranteed in this part of the Grundgesetz can only be suspended in a state of emergency, if the respective article specifically states this possibility. That is not the case with this article. It is also not possible to abolish these rights. This unusual protection of private schools was implemented to protect them from a second Gleichschaltung or similar event in the future.
Ersatzschulen are ordinary primary or secondary schools which are run by private individuals, private organizations or religious groups. These schools offer the same types of diplomas as in public schools. However, Ersatzschulen, like their state-run counterparts, are subjected to basic government standards, such as the minimum required qualifications of teachers and pay grades. An Ersatzschule must have at least the same academic standards as those of a state school and Article 7, Paragraph 4 of the Grundgesetz, allows to forbid the segregation of pupils according to socioeconomic status (the so-called Sonderungsverbot). Therefore, most Ersatzschulen have very low tuition fees compared to those in most other Western European countries; scholarships are also often available. However, it is not possible to finance these schools with such low tuition fees: accordingly all German Ersatzschulen are subsidised with public funds.
Some students attend private schools through welfare subsidies. This is often the case if a student is considered to be a child at risk: students who have learning disabilities, special needs or come from dysfunctional home environments.
After allowing for the socio-economic status of the parents, children attending private schools are not as able as those at state schools. At the Programme for International Student Assessment (PISA) for example, after considering socioeconomic class, students at private schools underperformed those at state schools. One has, however, to be careful interpreting that data: it may be that such students do not underperform because they attend a private school, but that they attend a private school because they underperform. Some private Realschulen and Gymnasien have lower entry requirements than public Realschulen and Gymnasien.