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Elementary school student in Mainz (Archvibild)
Photo: dpa / dpaweb
Compulsory attendance at primary schools in Rhineland-Palatinate is legal.
Parents are therefore not allowed to leave their children who are attending primary school at home with reference to the corona dangers.
That was decided by the Mainz Administrative Court on Friday.
A mother had made an urgent application for her primary school children to suspend the classroom attendance that had been in effect since the end of February.
She argued that elementary school children could hardly keep the distance regulations.
This increases the chance of infection, especially after the increased occurrence of corona mutations.
Since her six-year-old son suffers from asthma, the mother pointed to an even higher health risk.
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The administrative court did not follow these arguments and rejected the urgent application.
The state of Rhineland-Palatinate has not exceeded its discretion, the basic obligation to attend school as a pedagogical model is legitimate.
The country “does not fall short of its obligation to protect life and physical integrity”, it says in the decision (
file number: 1 L 78 / 21.MZ
).
The court also pointed out that "pupils with risk-increasing underlying illnesses can obtain exemption from the requirement to be present in individual cases by submitting a qualified certificate."
This individual path is also reasonable for the plaintiff, the decision states very clearly: The "claim by the applicants that the relevant certificates are not issued because doctors are afraid of losing their approval" is "lacking in any substance." .
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Two court decisions: Distance teaching for seventh graders - okay in NRW, illegal in Berlin
The situation with face-to-face and distance teaching in schools is currently preoccupying numerous administrative courts.
In the past few days, courts in Berlin and North Rhine-Westphalia had to decide whether children in the lower and middle levels of secondary schools were entitled to face-to-face lessons.
While the Berlin Administrative Court answered this question in the affirmative, the North Rhine-Westphalia Higher Administrative Court in Münster decided that distance learning is reasonable for fifth and seventh graders.
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