Schleswig (dpa/lno) – The Schleswig-Holstein Higher Administrative Court (OVG) has rejected complaints by the Freie Dorfschule Lübeck against its closure and the cessation of subsidies in two summary proceedings (Az. 3 MB 11/ 23 and 3 MB 9/23). The administrative court had confirmed the closure in an urgent procedure in June. The OVG came to the conclusion that the closure was legal, as the court announced on Wednesday.
During several unannounced inspections in February and March, the Ministry of Education found that the majority of the students, but also the teachers of the Freie Dorfschule, were not present in class and that compulsory schooling was therefore violated. The school management, on the other hand, referred to a digital learning concept as well as home projects and distance learning.
The OVG explained that the decision of the Ministry of Education to close was justified, among other things, by the fact that the Freie Dorfschule, contrary to the provisions of the Basic Law for the approval of private schools, lags behind the public schools in terms of teaching goals. The school educational goals cannot be achieved through online lessons, through home projects or through other extracurricular learning locations without the presence of a teacher as if they were present at school. However, the educational goals that follow from the Basic Law are also binding for private schools.
With regard to the suspension of the payment of grants, the Higher Administrative Court found that the applicant had not demonstrated that he was threatened with insolvency in the short term. However, the applicant can also obtain legal protection against the closure order during insolvency proceedings.
Education Minister Karin Prien (CDU) welcomed the decision. It is important that the OVG again underlines the importance of face-to-face teaching.
The decisions are final. The Schleswig-Holstein Administrative Court decides on the main proceedings.
© dpa-infocom, dpa:230823-99-931502/3
2023-08-24 00:26:43
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