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VG Hannover: School has put the class together in a balanced way
Hanover (jur). Parents cannot justify changing their child to another school class based on the migration background of many classmates. Because this alone says nothing about the work and social behavior of a school class, the school performance and the language skills of the pupils, decided on Friday, June 30, 2017, the Hanover Administrative Court in an urgent procedure (file number: 6 B 5376/17).
The background to the legal dispute was the formation of a new school class in a primary school in Hanover. As 26 children were already taught in classes 1 a and 1 b in the school year 2016/2017, the classes in the second school year should be divided after the addition of further students and another school class should be formed.
However, the parents of a student did not want to accept that their daughter should now switch to a parallel class. There, the proportion of students with a migration background is particularly high. They feared future learning deficits with their daughter.
The primary school, however, insisted on the division of classes. Almost all children in the school class in which the daughter was supposed to go had German citizenship. A quota according to the proportion of migration is not legally provided. Most of the 16 students are also average, four children are particularly powerful. There are only two underachieving students.
The parents wanted to prevent the change to the parallel class by urgent application.
But without success. The parents did not make it believable that the school class change would have "obviously disadvantageous" effects on the daughter's development, the administrative court said. The students' migration background alone does not allow any conclusions to be drawn about the linguistic and social requirements, nor about the school performance or the work and social behavior of children.
The school had plausibly demonstrated that the new class was composed differentiated according to ability and language ability. In the three parallel classes, the children were distributed equally in terms of their level of performance and any language deficits. fle / mwo