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School – Lawless Zone and Place of Arbitrary Decisions?A principal in the Burgeland district deliberately disregards the law and is obviously of the opinion that he can act arbitrarily. 
As already reported before the holidays, parents had to wait for hours with their children in doctors' offices just to get a medical certificate demanded by the school administrations. This often happened under questionable circumstances since, according to current law, parents themselves decide whether their child is fit for school or not. A certificate may only be requested in individual cases if there are reasonable doubts about the child’s illness, as a pediatrician correctly emphasized. Nevertheless, school administrations insist on these certificates across the board without any legal basis. The Incident Before the Holidays: Escalation of a Dispute Over Legal UnderstandingAnother case that occurred shortly before the holidays reveals the extent of this arbitrary practice. A child was reported sick by phone by the parents on a Friday. The school secretary insisted that a medical certificate had to be presented, which the parents considered unlawful. After requesting the principal to be involved, he escalated the situation: he claimed that the school regulations required a medical certificate.When the parents then pointed out the legal situation and demanded a written administrative act according to the Administrative Procedure Act (VwVfG), as the law provides in such cases (§ 35 VwVfG defines the administrative act as a sovereign measure to regulate an individual case, directed at immediate legal effect outwardly. According to § 37 para. 2 VwVfG, administrative acts must be issued in writing upon request of the affected party), this met with incomprehension from the principal. He dismissed the Administrative Procedure Act as "nonsense" and insisted that the school regulations applied. The parents could seek a lawyer. He even went so far as to suggest that the parents change schools if they didn’t like the rules and referred them to the State School Office for complaints. The situation escalated further when the principal threatened to mark the child’s illness-related absences as unexcused on the report card. This threat is legally problematic, as it could be interpreted as coercion under § 240 of the Criminal Code (StGB). Coercion occurs when someone is forced by threat or violence to perform, tolerate, or omit an action. The principal’s threat to negatively mark the absences to pressure the parents into presenting a medical certificate could be considered such coercion. Analysis of the Principal’s BehaviorThe principal’s behavior shows a blatant disregard for the legal order. Instead of complying with statutory provisions and giving the parents the opportunity to receive a written justification of his demand in the form of an administrative act, the principal put his own interpretation of the school regulations above applicable law. This attitude is highly problematic because schools are not lawless zones. They are subject to general laws, including the Administrative Procedure Act.The principal’s refusal to recognize legal foundations and his threat to mark absences as unexcused demonstrate a lack of legal awareness and authoritarian tendencies. This behavior is not only legally questionable but also calls into question the suitability of the principal to lead a school. Schools should be places of learning and mutual respect. When a school administration arbitrarily interprets the law, it endangers not only the integrity of the school system but also the role model function for the students. Children learn from the principal how to deal with conflicts and authority. A principal who disregards legal norms and instead works with pressure and threats sends a disastrous signal to the next generation. Advice for Parents Dealing with Such PrincipalsParents should be confident in such cases and know their rights. Some important steps are:Check legal foundations: Parents should inform themselves well about the legal situation in advance. In this case, there are clear provisions stating that a certificate may only be requested if there are reasonable doubts about the illness. A blanket demand for certificates is not lawful. Demand an administrative act: If a school makes unlawful demands, parents can insist on a written administrative act according to § 37 para. 2 VwVfG. If the school administration refuses, this is an indication that the demand is legally untenable. Remain factual and persistent: Threats and intimidation attempts by the school administration should not discourage parents. In such cases, it is advisable to remain calm and persistent and to point out the legal situation again. File a supervisory complaint: If the school administration’s behavior remains inappropriate, parents have the right to file a supervisory complaint. This should be addressed to the responsible State School Office. Documenting all conversations and incidents is crucial. Seek legal counsel: In particularly serious cases, it may be advisable to consult a lawyer. Such a step shows the school administration that the parents take their rights seriously and are prepared to enforce them legally if necessary. One thing is clear: Schools are not lawless zones. The rights of parents and students must be respected, and it is the duty of school administrations to adhere to applicable law. In this case, the parents have so far refrained from filing a supervisory complaint and are observing the principal’s behavior going forward. They reserve the right to file a supervisory complaint and take further steps if the principal repeats such behavior. The parents do not consider the demand for a certificate as an administrative act since the principal refuses to issue it in writing. Therefore, they are not obliged to comply with this demand. Should unexcused absences actually be recorded on the report card, the report card can be contested under the Administrative Procedure Act, since a report card is equivalent to a decision (administrative act). Alternatively, the parents may consider these alleged unexcused absences irrelevant. The principal’s behavior, as described in this case, is most likely unlawful. He violates statutory requirements in several respectsViolation of the Administrative Procedure Act (VwVfG): The principal responded dismissively to the parents’ legally correct request to issue a written administrative act and rejected the matter citing the school regulations as authoritative. In fact, the Administrative Procedure Act (§ 35 VwVfG) requires sovereign measures, such as the obligation to present a medical certificate, to be issued in writing if requested by the affected party (§ 37 para. 2 VwVfG). The principal clearly violated this obligation, constituting a legal infringement. If the principal were to issue such an administrative act, it could be challenged with objection and possibly lawsuit. Objection and lawsuit have suspensive effect, meaning the parents do not have to fulfill the principal’s demand. Coercion according to § 240 StGB: The principal’s threat to mark the child’s missed days as “unexcused” on the report card, despite a sickness-related absence notification, may fulfill the offense of coercion. According to § 240 StGB, coercion occurs when someone is forced by violence or threat of a serious harm to act, tolerate, or omit an action. In this case, the threat to mark absences as unexcused to pressure the parents into submitting a certificate constitutes a "serious harm," since such a note on the report card could have significant negative consequences for the child. The hours-long waiting at the pediatrician can also be considered a "serious harm." Legal consequences for the principal: If the act is classified as coercion, the principal faces criminal consequences. Officials, such as principals, have special responsibilities and are subject to criminal law in an aggravated form. For officials, criminal offenses like coercion are also subject to the provisions of the Criminal Code, and under § 240 StGB coercion can be punished by imprisonment up to three years or a fine. Since the principal is a public official, disciplinary measures can also follow alongside criminal prosecution. Penalties for coercion by officials: Officials are subject to strict disciplinary regulations when committing crimes. Besides criminal sanctions (imprisonment or fines), an official convicted of a crime can face serious service-related consequences, including: » Warning » Forced retirement » Dismissal from service » Disciplinary proceedings: If coercion is confirmed in a disciplinary procedure, this could lead to removal from the civil service. Consequences for the principal: In the event of a criminal conviction, this can lead to dismissal from civil service, especially if the principal is sentenced to imprisonment for a certain period. Even a lesser penalty (e.g., a fine) can trigger disciplinary proceedings, which may also result in reassignment or dismissal. Additionally, the loss of the civil servant’s pension can occur in cases of serious misconduct. The principal’s behavior is legally problematic and could result in both criminal and disciplinary consequences. The threat to mark unexcused absences on the child’s report card possibly constitutes coercion. If a complaint is filed, the public prosecutor’s office would have to investigate this allegation. Parents are advised to document the situation in writing and consider legal action if necessary to prevent further such abuses. Author: AI-Translation - Redaktion | 11.10.2024 |
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