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Corona test at a school in Rhineland-Palatinate
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Sebastian Gollnow / dpa
Teachers are obliged to supervise their students during rapid corona tests - at least in Rhineland-Palatinate.
This was decided by the Trier Administrative Court (Az.: 7 K 3107/21.TR).
It came to the verdict that the test supervisor was "an official task".
The plaintiff, a civil servant for life, teaches at a high school in Rhineland-Palatinate.
In the course of the corona pandemic, the state had decided on a test concept for schools that provides for regular antigen self-tests for students and teachers.
Supervision of this is part of the »official obligation of the teachers«.
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The high school teacher complained about this.
He does not question the purpose of the tests, but he has concerns about data protection and liability.
The instruction was also not covered by the service regulations and exceeded the responsibilities of the teachers, argued the educator.
He himself is a risk patient and is exposed to an increased risk due to the test supervisor.
Unlike the state, the administrative court considered the lawsuit to be admissible.
But it is unfounded.
The instruction to supervise the test is lawful.
The supervision of the tests is "an official task".
»Ensuring health« is the task of a teacher
In justification, the Trier judges emphasized that a teacher's area of responsibility also extends to the organizational support of general school operations.
To a certain extent, »ensuring the health of the students is also part of the typical field of activity of a teacher«.
Special medical expertise is not required for supervision.
The tests could be "performed on themselves by anyone with no prior medical knowledge," and students largely do it themselves.
Physical interaction with the students is not necessary.
The risk of infection for the teachers is therefore no greater when supervising the test than when teaching.
The plaintiff did not prove his alleged risk disease.
The administrative court also did not share data protection concerns.
The Trier Administrative Court said in its judgment, which has now also been published in writing, that the students' health data may be passed on in order to curb the further spread of the corona pandemic and to maintain face-to-face teaching at schools to ensure adequate schooling.
olb/jur