SOLUTION: COVID 19 Ordinance for FHs (C-FHV) - restriction of the provision on changing the examination modalities during the semester to SS 2020

Following the Board meeting, the General Secretariat contacted AL Dr Wilhelm Brandstätter (BMBWF) and requested that a solution for more flexibility beyond the C-FHV be found on the basis of the existing legal situation. A proposal was submitted by the FHK General Secretariat and agreed with W. Brandstätter.

In terms of content, this concerns the provision in Section 3 (1) C-FHV. The provision reads as follows:

"Notwithstanding § 13 para. 1, 3 and 4 FHStG, the specific examination modalities and repetition options as well as the specified examination dates can also be during the summer semester 2020after consultation with the UAS representatives, if this is organisationally and didactically necessary due to the measures concerning COVID-19 and the changed circumstances in teaching. Students must be informed of the changes immediately. The number of repetition options in accordance with § 18 FHStG may not be undercut."

This flexibility was limited to the summer semester 2020 by the wording of the regulation.

As the C-FHV itself recognises, we have an explicit provision in Section 13 (4) that "The concrete Examination modalities (content, methods, assessment criteria and assessment standards) and repetition options per course (are) made available to students in a more suitable manner. at the beginning of each course are to be announced. (...)."

Even before the C-FHV came into force, we assumed within the FHK that it was legally possible to include a provision in the examination regulations that would allow the teaching and examination modalities to be adapted due to COVID-19. In this respect, we did not actually see any need for the provision in § 3. However, it is nonetheless problematic that, in accordance with § 13 para. 4 FHStG, the specific methods at the beginning of the LVs are to be announced.

In consultation with W. Brandstätter, the following procedure has now been found to be permissible:

  1. Inclusion of a provision in the examination regulations such as: "The specific examination modalities and repetition options as well as the fixed examination dates can be changed if this is organisationally and didactically necessary due to the measures concerning COVID-19 and the changed circumstances in teaching."
  2. The lecturers refer the students to the examination regulations with regard to § 13 para. 4 FHStG. In other words, at the beginning of the course (We interpret "start" more broadly and understand it to mean at least the first weeks or the first third of the course) known as follows:
    "The examination modalities and repetition options as well as the fixed examination dates are:
    X
    X
    XChanges may occur in accordance with the examination regulations of FH-XY if this is organisationally and didactically necessary due to the measures concerning COVID-19 and the changed circumstances in teaching. These changes could consist of:
    X
    X
    X"

If you have any questions about this procedure, please do not hesitate to contact the FHK General Secretariat.

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