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Hamburg (dpa / lno) - A student may not be excluded from classes for violating the mask requirement.
The Hamburg Higher Administrative Court decided on Friday, as a spokesman announced (Az. 1 Bs 237/20).
A high school student from a district school had sued.
In the first instance before the administrative court, his urgent application was unsuccessful.
Now the Higher Administrative Court decided that the mask requirement according to the Senate Ordinance of January 8th was legal.
"However, there is currently no legal basis for the indefinite period of exclusion from classes of a student who refuses to comply with the mask requirement," the court said.
The decision is final.
The twelfth grader had informed his headmistress in writing on October 18 that he would not comply with the mask requirement.
The measure is not suitable for reducing the risk of infection and is a disproportionate interference with fundamental rights.
However, the headmistress replied that he could not enter the school premises without a mask without a medical certificate.
A few days later the teenager appeared wearing a mask, but took it off in class.
As a result, he was banned from entering the school, which he took legal action against.
Press release