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If a student hits a classmate in the face, he or she may be excluded from a school trip. The school was entitled to impose this measure on a ninth grader, as the Berlin Administrative Court explained. It rejected the urgent application from the student and his mother.

The boy attends a high school in the Spandau district. In December he is said to have hit a classmate in the face with the palm of his hand. The class conference then decided that he would not be allowed to take part in an upcoming ski trip to South Tyrol. The son and mother argued in court that this was disproportionate.

Arguments from mother and son without success

Educational measures need to be examined first, they argued. In addition, a school trip also serves to maintain social contacts, which was not taken into account. However, these arguments were unsuccessful in court. To justify its decision, it referred to previous incidents in which the student was said to have been involved.

Numerous educational and regulatory measures had already been decided before the most recent incident. This included educational discussions with the student as well as discussions with the parents, a reprimand and finally a reprimand, also for physical violence. The court stated that the police prevention officer was even called in.

Exclusion of up to ten school days is permitted by law

None of this resulted in the student resolving conflicts peacefully or following instructions from teachers or educators. But that is a prerequisite for proper teaching and educational work. If such misconduct were not sanctioned, the school would lose credibility and assertiveness, the court explained.

According to the Berlin School Act, appropriate regulatory measures could be imposed if a student interferes with teaching and educational work or endangers others involved in school life, it said.

The prerequisite is that educational measures have not resolved the conflict or promise no prospect of success. Exclusion of up to ten school days is permitted by law. The exclusion from the school trip corresponds to these requirements.

The court emphasized that the school had pedagogical discretion. This can only be controlled to a limited extent by the courts. The class conference correctly determined the facts. She was also able to draw the conclusion that the student had shown no insight into the need for non-violent conflict resolution.

An appeal against the decision can be lodged with the Berlin-Brandenburg Higher Administrative Court.

kub/AFP