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If the children are to start school soon, the parents ask themselves many questions. Usually, they have a school of their choice for their child. However, what happens if too many students are enrolled in this school? What is it based on who is taken? Does the child have to go to school somewhere else? Are there any legal options to take action against the school's decision? We have put together some tips on starting school or switching to a grammar school and my premium essay.
Primary school: How do I indicate which school my child should go to?
Parents often have the opportunity to express their wishes and indicate the school they want and one or two alternatives on a form for the school authorities. However, if none of the schools named there has the free capacity, the school authorities will assign the child to another school.
Who decides whether my child will be accepted?
The decision is usually made by the school or its headmaster. In some federal states, the school authorities allocate places. This is regulated in the school laws of the individual federal states. In North Rhine-Westphalia, for example, the regulation can be found in Section 46 (1) Schulz NRW. The headmaster is responsible here; he must observe legal requirements when making his decision.
The school authority, i.e. the school authority of the respective federal state, defines the framework conditions. This is about the number of parallel classes in a year at the individual school. Again the example of North Rhine-Westphalia: According to Section 1, Paragraph 2 of the training and examination regulations for secondary level I, the following criteria apply:
- consideration of siblings
- a balanced relationship between girls and boys,
- a balanced relationship between pupils with different mother tongues,
- performance heterogeneity,
- way to school,
- attendance at a school close to the elementary school attended last and
- lottery procedure.
For what reasons can the school refuse?
The school's insufficient capacity is usually given as the reason for rejection. If the capacity is insufficient, there is no entitlement to admission. If parents want to enroll their child in a school that is not locally responsible, because it simply suits them better, this can only happen within the framework of the local capacity and resume writing world.
Example: According to Section 46 (3) of the NRW Schools Act, every child in their community has the right to be admitted to the primary school of the desired type of school that is closest to their home. There is, however, one restriction: “within the framework of the capacity specified by the school authority.”
Paragraph 2 of the regulation, therefore, stipulates that the school may refuse admission if its capacity is exhausted or the number of registrations falls below the minimum number.
The respective training and examination regulations for the level or type of school contain the special admission requirements for individual school levels or school types as well as admission criteria in the event of a registration overhang.
Will my child have to go to school somewhere else?
If there is not enough capacity in the place of residence, this can happen. As a rule, the school authorities then assign the child to another school.
Can the school authorities have a say in decision-making?
If the number of registrations at a school exceeds its capacity, the school authorities can usually assign the students who are not accepted to another school. A prerequisite for this is that it is a reasonable distance from the place of residence. Usually, the registrations are distributed depending on the distance between home and school. Often a certain quota is kept “in reserve” for special cases of hardship.
In NRW, according to school law, the school supervisory authority can also assign a student to a school in individual cases. Before that, the parents and the school authorities involved are heard. This possibility is intended in particular for the case that the student has not been admitted to the school of their choice or to a school-type that corresponds to their suitability and write my essay.
What are the legal points of attack?
The obligation of schools to admit pupils to the limit of their capacity is derived from the German Basic Law (Article 6, Paragraph 2, Clause 1, Article 12 in conjunction with state regulations). In principle, this is a discretionary decision. Nevertheless, the schools have to accept students as long as they still have free capacity. These capacities can even be checked by the courts. However: the calculation is complicated and prone to errors.
There are several starting points for judicial proceedings:
- there are free places because the school has incorrectly calculated its admission capacity,
- legal admission criteria were incorrectly applied,
- a hardship case with the student was not taken into account.
As a rule, reasons for rejection that have something to do with the gender or origin of the students - i.e. the girl/boy quota or the origin from a certain country - are not regarded as permissible.
An example: An international school in Berlin rejected a student who had applied for its “USA contingent” of students. The boy grew up in the USA, was a US citizen by birth, and spoke good English, but his parents were German. In the opinion of the school, therefore, he could not claim any of the places reserved for Americans. The Higher Administrative Court decided, however, that the nationality of the parents should not be an exclusion criterion. Seen objectively, the student is suitable for school; their internal guidelines would not be relevant (decision of August 28, 2017, Az. OVG 3 S 60.17) and essay.
When is a hardship case?
One often speaks of a hardship case when a child cannot be expected to attend a school other than the one they want without suffering significant disadvantages as a result. Mostly it concerns cases of seriously ill or handicapped children. However, such a hardship rule can also apply if the way to school to another school would be particularly long or if single parents with difficult living conditions (such as a disability) would be disadvantaged by their child going to school at a distant school.
How do you take legal action against a rejection?
Parents receive the rejection letter in writing. A cancellation policy is attached to this. Parents can object to the official decision within four weeks of receiving the notification. If you miss this deadline, the decision is final and can no longer be changed.
As a rule, the school authority will not give in to the objection. The parents then have the option of bringing an action before the administrative court. Since experience has shown that such proceedings are lengthy, it is worthwhile to apply for temporary legal protection at the same time. An interim order from the court is applied for, according to which the child can attend the desired school until the court has reached a final decision.
Secondary school: who decides on the type of school?
The so-called teacher recommendation is very important, especially when changing to a grammar school. The class teacher or the teaching staff of the primary school makes a recommendation for the child as to which secondary school it should go to. Of course, the binding nature of this recommendation is regulated differently in all federal states. Often the parents are even allowed to disregard it. In some federal states, a trial lesson or an entrance examination is decisive for admission to grammar school.
If the desired school rejects your child, it is important to seek professional advice early on. In such cases, a specialist attorney for administrative law specializing in school law can best assess the points of attack offered by the decision of the school or school authority. He can also advise you whether an application for interim legal protection and action has any prospect of success in your case.