Students taking the corona test - under teacher supervision (symbolic picture)
Sebastian Gollnow / dpa
In the corona pandemic, numerous teachers suddenly have a new, additional task: They are supposed to supervise their students when carrying out self-tests.
Is that even legal?
Yes, the Münster Administrative Court decided in an urgent decision (Az .: 5 L 276/21) that was published on Thursday.
Teachers may be obliged to do so.
A teacher who works in the Coesfeld district in North Rhine-Westphalia had sued.
She wanted to defend herself against instructing and supervising pupils at her school in the use of self-tests.
Because this obliges her to do an activity that lies outside her training, job description and qualification, argued the woman.
Rather, the test supervision should be seen in the general state field of public health care, said the teacher.
She is also not vaccinated and therefore exposed to unreasonable health risks when supervised.
However, the court saw it differently. The instruction to supervise the students does not violate the teacher's rights. The civil servants' right to care by the employer does not result in any entitlement to a “zero risk situation” at the school. Comprehensive health protection during a pandemic situation cannot be ensured.
The judges also found that the teacher had not made credible that she was exposed to unreasonable health hazards while supervising.
The specific design of the supervision reduces the risk of illness to an acceptable level for the applicant.
The advisory, supervision and supervisory duties of teachers also include the implementation of self-tests.
There can therefore be no question of an activity in the field of general health care.
The decision is not yet final.
The teacher, however, can lodge a complaint with the Higher Administrative Court of North Rhine-Westphalia.
Fok / dpa