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Parents in Class! Attending School is a Duty of Support! The Tagesschau Announced It! Scenario StaschwitzPreviously unknown ways for parents to actively support their children at school – live in the classroom. 
He quietly opens the door to the apartment, hoping not to be noticed. He just wanted to sneak into his room. However, he had not counted on the floor. He actually knows the spots that creak. Still, he stepped on one. "Alexander, is that you?" he hears from the kitchen. Damn, his mother had noticed him. "Yes!" he says in a grumpy, annoyed tone. "Where have you been? It's late!" comes the shout again from the kitchen. "I'm 16!" he yells back. "It's almost 8 o'clock!" calls out the living room. His father, Ivan Staschwitz, had joined the conversation. "Do you have homework?" asks the voice from the kitchen. "No, yes. I'm still doing it!" he responds, again grumpily annoyed. "I'm making you food! Come to the table!" his mother commands. "What homework do you have?" shouts the voice from the living room. "Something with math!" he replies, a bit more annoyed. "Sit at the table, I’ll help!" calls back the father. The son rolls his eyes, sighs in annoyance, but knows it’s useless to resist. His father was a math teacher. However, not in Germany, but in Russia. That degree is not recognized in Germany. In Germany, he cannot be a math teacher. He never understood why. Russian numbers and formulas are basically the same as German ones. "Show me the problem!" the father demands. "There, I don’t understand what the teacher wants," Alexander says in a dismissive tone. The father bites a piece of bread that his mother had placed on the table for their son. "Who makes such problems?" he asks his son. "No one can understand this," he continues. "I have to talk to the teacher." "You can’t talk to the teacher, you’re not a teacher," the son retorts. "I am a teacher. I could always talk to other teachers," the father counters. "That was in Russia, Dad! Parents are not allowed in school," Alexander replies. It wasn’t any different in Russia. "You’re going to school with him!" comes the shout from the living room. "What did you say?" the father calls back. "You’re going to school and to class!" the mother shouts from the living room in a louder voice. "That’s not possible!" the father responds. "Yes, it is! New law! Tagesschau said so!" the mother contradicts. "What did the Tagesschau say?" asks the father, now heading into the living room. "Wait, I’ll do Shifti!" says the mother, aiming the remote at the TV. "That’s called 'Time Shift'!" corrects the son, "And you don’t even know how to do it!" "Then you do Shifti! Come here!" the mother demands. Annoyed, Alexander now enters the living room as well and almost snatches the remote from his mother. He presses the buttons and asks, "How many minutes back?" The mother says: "The beginning of Tagesschau!" A few seconds later, the intro music plays, and the Tagesschau anchor greets the viewers as every evening. The father is impatient and wants to say something. The mother cuts him off with a "Pssst" before he can speak. "A highly anticipated ruling was issued today by the Federal Administrative Court," comes from the speakers. "The judges of the highest administrative court have confirmed that parents have the right to be present with their children during class. The lawsuit was filed by parents and parent associations who wanted to support their children even during lessons. They referred, among other things, to Article 6 of the Basic Law and §1618 of the Civil Code. This followed years of legal disputes over whether parents may attend classes. The question was originally raised in relation to children with disabilities. The Social Welfare Office of Burgenlandkreis and the Social Agency in Halle, Saxony-Anhalt, had always denied integration support for children with disabilities whenever parents or relatives wanted to provide it themselves. This was justified by stating that attending school is part of parental duties of support. We now go live to our reporter on site." The three stared at the screen, motionless, trying to understand what had just been said. "Now it’s clear. Parents have the right to take care of their children even during lessons. This arises from the duties imposed on parents, among others, by Article 6 of the Basic Law and §1618 BGB," the reporter on site continues. "What consequences this may have are currently unclear. For example, to what extent parents may or must participate in school education during class. School laws usually speak of collaboration between teachers and parents. The ruling therefore means that this collaboration must also take place during lessons." Alexander and his father slowly close their mouths. With a slight grin on her face, the mother says: "Tomorrow, you’re going to school with your son! You explain to the math teacher how to teach math!" "Alexander, do Shifti!" the father prompts, to hear the statement again. Parental Duty of Support and School AttendanceThe school attendance of a minor child is not exclusively under the organizational and regulatory authority of the school or the state. Rather, it is part of parental responsibility and duty, as directly derived from the Basic Law and the Civil Code.1. Constitutional Basis (Art. 6 GG) Article 6, paragraph 2, sentence 1 of the Basic Law unambiguously states: "The care and upbringing of children is the natural right of parents and a duty primarily incumbent upon them." This provision does not merely establish a defensive right for parents against state interference, but a binding duty. Parental responsibility is comprehensive and covers all areas of the child’s life. School attendance is an integral part of upbringing and is therefore directly included under Art. 6 GG. The state – including schools – only has a supervisory and supplementary function in this regard. A general or blanket exclusion of parental involvement or presence in class is incompatible with Art. 6 GG. 2. Civil Law Specification (§ 1618 BGB) Parental duty is further specified in § 1618 BGB, which states: "Parents and children owe each other support and consideration." The concept of support is deliberately broad. It is neither time-bound nor location-bound. The legislature explicitly refrained from exempting certain areas of life – such as school or class – from the duty of support. It follows inevitably that if parents consider it necessary to support their child in a school context, this is part of their legal duty. Presence in the classroom constitutes a permissible and legally protected form of such support. 3. No Restriction by State Law Possible School laws, regulations, and administrative rules are state law. Art. 31 GG makes clear: "Federal law prevails over state law." Since Art. 6 GG and §1618 BGB are federal law, state school regulations cannot restrict or nullify these duties. Rules that broadly limit or prohibit parental presence in class are legally irrelevant to the extent that they conflict with federally established parental duties. 4. Pedagogical Considerations of the School Pedagogical assessments that parental presence in class is "detrimental" or "harmful" to the child have no legal priority over the rights and duties of parents under Art. 6 GG. The decision on how parental support is concretely implemented lies primarily with the parents themselves. The state may only intervene in the case of demonstrable, concrete endangerment of the child’s well-being. Abstract pedagogical considerations are insufficient. 5. Conclusion Attending school is part of parental care and upbringing duty. Parents are obligated under Art. 6 GG and §1618 BGB to provide support to their children. This duty may also include unlimited time presence in the classroom. School or state regulations cannot restrict this duty. The legally responsible decision on whether and to what extent parents are present in class lies with the parents themselves. Author: AI-Translation - Michael Thurm | |
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