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Bavarian Administrative Court: Yes to compulsory testing for classroom teaching


Bavaria is allowed to exclude students from face-to-face classes who refuse a corona test. The state would then have to offer a distance alternative, decided the Bavarian Administrative Court.

Enlarge image

Corona rapid test in a student at a primary school in Neubiberg, Bavaria (in March 2021)

Photo: Peter Kneffel / dpa

The Free State of Bavaria may require children and young people to take a corona test beforehand in order to take part in face-to-face lessons.

However, there must then be offers in distance teaching for those who refuse to test.

That was decided on Monday by the Bavarian Administrative Court (VGH) in Munich in an urgent procedure.

The VGH thus confirmed a corresponding regulation of the current Bavarian Infection Protection Ordinance.

According to this, participation in face-to-face lessons is only permitted if the students undergo a corona test at least twice a week and the result is negative.

There is the possibility of a supervised self-test at school.

The schools also accept certificates from a test center.

The VGH decided that there were no significant legal objections to this requirement.

The regulation takes into account the special school needs of pupils and teachers (file number 20 NE 21.926).

more on the subject

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However, the court emphasized that the tests must be voluntary.

This presupposes that there must be parallel offers for distance lessons for those who refuse to test.

Otherwise there would be considerable disadvantages and it was “not to be assumed that consent is required for the collection of health-related data”.

With the urgent decision, the VGH rejected the application of a primary school pupil to temporarily suspend the compulsory test.

Appeals against the decision are not possible.

him / jur

Source: spiegel

All life articles on 2021-04-12

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