If a disability significantly affects you in the state examination, you can apply for a compensation of disadvantage (Nachteilsausgleich). The basic idea is simple: the examination should measure your performance, not your limitation. The details, however, are set by the states in their examination regulations. Using Bavaria as the example, this guide explains which requirements apply, which compensations are possible and how to apply.
Short answer: Under section 13 of the Bavarian Legal Training and Examination Regulations (JAPO), if a disability is proven, you receive appropriate compensation on application where the examination is significantly affected. The application must be submitted to the Bavarian state examination office at the latest six weeks before the start of the examination part. Proof is provided by a certificate of a forensic medical service or a public health office. This is an example for Bavaria, other states have their own rules and deadlines. Last updated: November 2026.
The most important points at a glance
- Compensation is granted only on application.
- The disability must be proven and must significantly affect the examination.
- The compensation may not change the competence being tested and may not distort competition.
- The application must be filed at the latest six weeks before the start of the examination part.
- If the disability arises later, you apply without delay after it arises.
Who is entitled to compensation?
Under section 13(1) sentence 1, compensation requires a proven disability that significantly affects the written examination or the oral examination. The compensation is granted in an appropriate form. It does not apply where the competence being tested would be affected, and it may not distort competition among candidates. These two limits form the core of the rule.
What matters is therefore the effect of the disability on the examination, not the diagnosis as such. A condition alone does not create an entitlement if it does not significantly affect the examination. Whether the examination situation intensifies a limitation is assessed by the examination office in each case. Consider concretely how your limitation affects writing, reading or speaking under time pressure.
Which compensations are possible?
The rule names as examples an extended working time and breaks that are not counted against the working time. Such breaks may amount to up to a quarter of the normal working time. Where the impairment is particularly extensive, up to half is permitted. Other forms of compensation are not excluded, but they must be justified concretely in the application.
| Form of compensation | Limit under the wording of section 13(1) sentence 2 JAPO (reprint on lxgesetze.de) |
|---|---|
| Extended working time | The wording names no fixed upper limit |
| Breaks not counted against working time | Up to a quarter of the normal working time |
| Particularly extensive impairment | Up to half, according to the wording for the same breaks |
The compensation is tailored to the concrete impairment. For example, a visual impairment requires different support than a condition that makes concentration difficult. The application should therefore describe what you concretely need in the examination, not only name the diagnosis.
How do you apply?
- Obtain a certificate from a forensic medical service or a public health office that proves the disability.
- Describe in writing which impairment arises in the examination and which compensation is needed for it.
- File the application with the Bavarian state examination office at the latest six weeks before the start of the examination part.
- If the disability arises only later, file the application without delay after it arises.
- Ask the examination office whether forms exist and which information it requires beyond this.
According to the wording, the six-week period refers to the respective examination part. If you sit the examination in several parts, calculate it again for each part. Note the cut-off dates in your calendar as soon as you know the dates.
How to prepare the application
A good application begins long before the cut-off date. Collect documents that record your limitation in everyday study, such as proof of help you have already received at the university. Speak early with the student advisory service or the officer for students with disabilities at your university. There you learn which support is usual in your case and how other students have justified their applications.
It also helps to list the aids you want to use in the examination, with a reason for each one. The examination office then does not have to guess what you need, and it can decide faster. The guide on accessible study (in German) gives an overview of typical support during a degree.
What applies in case of illness rather than disability?
The rule covers only disability. An illness on the day of the examination does not fall under the compensation of disadvantage, but under the rules on withdrawal. A medical certificate is usually provided for this. The guide on withdrawal from a state examination (in German) shows how that procedure works. The two rules can overlap, so keep both in view.
An example of how to justify the application
Assumption: you have an impairment that considerably slows you down when writing under time pressure. In that case you could apply for extended working time and breaks that are not counted. The application must then state how long the slowdown lasts, which parts of the examination are affected and why this particular form of compensation fits.
The justification may not be limited to wishes. It describes which requirement of the examination cannot be met because of the limitation, and shows how the compensation removes that obstacle without changing the performance being assessed.
Checklist for the application
- A certificate from a forensic medical service or a public health office is available and carries a current date.
- The impairment is described concretely, not only the diagnosis named.
- The compensation requested is justified and stays within the limits named.
- The deadline for the relevant examination part is noted in your calendar.
- The examination office’s confirmation of receipt is kept.
Frequently asked questions
Must the disability be officially recognised?
The rule requires proof by a certificate of a forensic medical service or a public health office. The wording does not mention recognition under other rules. Ask the examination office which proofs it accepts in your case.
Does the compensation change the examination result?
No. The compensation may not change the competence being tested. It offsets the disadvantage so that the examination measures your performance.
Does the compensation also apply to the oral examination?
Yes. The rule expressly names both the written examination and the oral examination.
What happens if the application is rejected?
The wording of the rule gives no information on this. Ask the examination office for the reasons. If you consider the rejection unreasonable, seek legal advice before any deadline passes.
Related guides
- Staatsexamen und Referendariat: Reformen, Fristen und Regeln im Überblick (in German)
- Barrierefreies Studium: Nachteilsausgleich, Beratung und Hilfen (in German)
- Rücktritt von der Staatsprüfung: Attest, Frist und Folgen (in German)
- Zulassung zum Staatsexamen: Fristen, Unterlagen und Anmeldung (in German)
Sources: Bavarian Legal Training and Examination Regulations, section 13 Compensation of disadvantage, text as reprinted (German), retrieved November 2026. The official text is on gesetze-bayern.de. Information on the First Legal State Examination, Bavarian state examination office (German), undated, retrieved November 2026.
Last updated: November 2026. This guide is general information, not individual advice.
