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Empty classroom in a Düsseldorf school
Photo: Norbert SCHMIDT / picture alliance
A Düsseldorf high school student is not entitled to distance learning, even with a high corona incidence.
That was decided by the North Rhine-Westphalian Higher Administrative Court (OVG) in Münster on Wednesday in the case of an eighth grader who saw his right to physical integrity violated by the obligation to attend school.
As a rule, there is only a right to distance learning if there is a health risk to the student or to their family members, for example due to previous illnesses.
However, the high school student did not cite such a health risk, but referred to a general health risk from the pandemic.
In the opinion of the Chamber, at the present time it is justifiable to take part in on-site lessons in compliance with the mask requirement and the applicable participation and access restrictions.
The school's decision to return to face-to-face teaching meets the basic legal requirements, it said.
It is the task of the legislature and the executive, which is subject to its control, to weigh up the tension between basic individual rights and compulsory education, according to the judgment.
In doing so, health protection on the one hand and the social impacts due to long-term distance learning on the other hand must be "given a reasonable assessment".
In this »undoubtedly complex decision-making situation«, the country has a lot of room for maneuver and decision-making.
With the judgment, the court confirmed a previous decision from the first instance.
The decision is final.
ala / AFP