A Berlin Waldorf school does not want to take the child of an AfD members and has triggered a fierce debate. At the core of the question: Can private refuse to educate children because their parents have undesirable political views?
According to the General equal treatment act no one must be because of his belief being discriminated against. This is true according to Paragraph 2 also for the field of education. However, private schools have more extensive rights than public schools when it comes to the composition of their student body.
How to free schools in the selection are private?
“private schools have the right to choose, according to their school profile of their students,” says Margret Kraul, Emerita of the University of Göttingen, who has researched private schools. The schools describe their profile, usually on their websites. Interested parties can assume that they choose according to there shown are also the criteria for their students.
in order To keep the level of performance comparable, you must apply recognised private schools according to a judgment of the Federal constitutional court, however, some of the access requirements of the public schools, says Tristan Barczak of the faculty of law of the University of Münster. Students in Bavaria have to have, for example, a certain grade average, whether you go to a public or a private high school.
The States can make the schools more targets, use the but more rarely, as a demand of the MIRROR with several ministries of education. From the lower Saxony Ministry: “The carrier and the guardian is a private law school contract or he leaves it. The school authorities have no jurisdiction.”
comment school rejects child of the AfD-politician Puts you in the fight!
The free choice of law also applies to the choice of Teacher. This can also Westphalia lead to dispute, such as in North-Rhine, where a Catholic school has rejected a gay Teacher.
What do the views of the parents with the selection process?
In the selection of the Match between home and school can play a role. However, it does not come normally to conflicts, says scientist a crawl. “You have to do it as a preselection. For the private schools, only parents log in, as a rule, assume that your Habitus is the same as the school.”
parents are usually invited to an interview at the school. According to Beate Bahr, spokeswoman for the Association of German private school associations, go there but mainly a question of whether the child fits in with the educational concept of the school and in the class community.
In Waldorf schools around a balanced sex ratio and a social mix, says Henning Kullak-Ublick, a spokesman for the Federation of Free Waldorf schools. In addition, siblings of children would be preferred.
Waldorf schools have committed themselves in the “Stuttgart Declaration” to discriminate against anyone because of his origin or political setting. So the Berlin school is its rejection of the child of the AfD-politician against their own principles.
It is not yet clear whether the school has violated in order also against the anti-discrimination act. The Senate administration in Berlin can now check whether the school may rely in this case on the right of freedom of student choice.
Can be excluded children, because parents cannot pay the school fees?
no, this is prohibited under the basic law. The so-called probe of the prohibition is posted. It States that the amount of the school money ought not to be a social selection.
Nevertheless, the costs are always a point of discussion. Because private schools charge lots of money, stagger it but often to the income of the parents. “Private schools are very hard to document, that the selection is not made according to income,” says Kraul.
Violates the prohibition of a school against the Probe, can be used to revoke the permit as a replacement school, for example from the baden-württemberg Ministry of culture. Previously, the school had but the opportunity, your school contracts with the parents to adjust and correct the school money down.
Allowed to play the religion have a role?
Yes, denominational schools can refuse pupils of other faiths. The Hessian school law, for example, that in Catholic schools at least 70 percent of the students are Catholic. Also in Baden-Württemberg, Berlin and lower Saxony, there are similar requirements.
But even here it is rare to tensions. Rather, it was to be assumed that, for example, Muslim parents enroll their kids in anyway to a Catholic school, says scientist a crawl.
there Are controlled procedures in the event of conflict?
Because the schools themselves decide on the admission, you need to deal with the conflicts themselves – except you violate the law, and the case ends up in court.
The game room for private schools is relatively large, since they can rely in their decisions on the internal school of peace. The many saw at the Berlin Waldorf school, apparently, in danger.
Association spokesman Kullak-Ublick advises all Waldorf schools, the Stuttgart Declaration in your school rules. So you have got a hand to, at least, the children of parents who do not wish to sign the anti-discrimination principles, from the classes to exclude.