Hannover( jur).Parents can not justify changing their children to another school class with the migration background of many classmates. For the latter alone said nothing about the working and social behavior of a school class, the school performance and the language skills of the pupils, the administrative court Hanover decided on Friday, 30 June 2017 in an urgent procedure( ref.: 6 B 5376/17).
Background of the legal dispute was the formation of a new school class in a primary school in Hanover. As in Class 1 a and 1 b in the 2016/2017 school year 26 children were already taught, the classes in the second school year should be divided after the access of further pupils and a further school class should be formed.
However, the parents of a student did not want her daughter to change into a parallel class. There the proportion of students with immigration background was particularly high. They feared future learning deficits with their daughter.
The primary school, however, insisted on the class division. Almost all the children of the school class in which the daughter was to go had German nationality. A quotation according to the proportion of immigration is not provided for by law. Most of the 16 students are also average, four children are particularly powerful. Only two low-performing students are available.
The parents wanted to prevent the change to the parallel class by means of an express application.
But without success. Parents would not have demonstrated that the school class change would have an "obvious disadvantage" on the daughter's development, according to the Administrative Court. The migrant background of the students alone does not allow conclusions to be drawn about the linguistic and social prerequisites or the school performance or the working and social behavior of children.
The school had plausibly demonstrated that the new class was composed according to performance and language skills. In the three parallel classes, the children were distributed in a balanced way with regard to their abilities and possible language deficits.fle / mwo