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Parents in the classroom, school attendance as a duty of assistance – Scenario Kukulau: Parents learn together with their childrenWhen bureaucracy gets creative: A caseworker finds a brilliant solution to make unemployed refugees disappear from the statistics.
Ms. Sieglitz opened the door to her office and called out into the long corridor: “Family Ku…” Suddenly it occurred to her that she might pronounce the family name incorrectly. She turned around, looked at the display showing which number was currently being served, and called out into the corridor again: “Number 57, please come to my office.” From the chairs ten meters away, three adults stood up and walked toward Ms. Sieglitz. When the two men and one woman were standing in front of her, Ms. Sieglitz asked once more: “Number 57?” One of the three nodded. “Please come in and take a seat,” Ms. Sieglitz asked the three as she invited them into her office. After all three had taken their seats and Ms. Sieglitz had also sat down behind her desk, she began: “Good day to you first of all. You are the Kuku… family. How is that pronounced?” “Ku-ku-la-u,” said Mr. Molau. “And my name is pronounced Mo-la-u,” he added. “That’s good to know,” replied Ms. Sieglitz. “My name is Sieglitz. I am your responsible caseworker.” Molau translated this for the other two. The other two are Mr. and Mrs. Kukulau and have been in Germany for a few months. “I see in the files that you have two children. Where are they now?” asked Ms. Sieglitz. Mr. Molau translated the question and the answer: “They are at school.” “Okay,” said Ms. Sieglitz. “How can I help you?” Mr. Molau translated this as well, along with the answer: “It is hard to find work. Language difficult and no good opportunity to learn language. But courses all full. Children already better German than parents. Children learn good German at school.” “I understand,” said Ms. Sieglitz. She turned her gaze to the computer monitor and asked: “What about your writing skills?” Mr. Molau again translated the question and the answer: “Not good. Only a few years of school before war came.” “How old are the two children and which grade are they in?” Ms. Sieglitz wanted to know. Mr. Molau translated again: “Girl seven years and boy eight years. Now in first grade of primary school.” Ms. Sieglitz thought briefly and let her gaze wander out the window. “You receive basic income support and have an apartment?” she asked. After the translation, Mr. Molau said: “Yes.” “Good, then we’ll do the following,” Ms. Sieglitz began. “You, Mr. and Mrs. Ku-ku-la-u, will go to school together with your children starting tomorrow. I will give you a letter stating that this is how you are to do it. And at school you will learn to read, write, and do arithmetic together with your children. Maybe you can even skip a grade in between if things go well. I see this as the best option.” Mr. Molau raised his hand to ask for a short pause so he could translate this. Mr. and Mrs. Kukulau looked at Ms. Sieglitz in disbelief. Mr. Molau asked: “That possible?” Ms. Sieglitz explained in more detail: “Unemployment figures are going through the roof right now. The statistics don’t look good. Our boss told us to be creative. With your qualifications, you are not placeable on the labor market. That kind of thing messes up the statistics. If you are in school as well, it counts as further training and you are out of the statistics. And the nice thing is, it doesn’t even cost us extra money. So it’s a win-win situation. Two more people in a class don’t make much difference. Do you know what a 12-month German course costs? It’ll make your ears flap. If you go to school, it costs us nothing here. Watch this: I approve an additional 28.52 euros per month for learning materials. Books, notebooks, erasers, pens, paper, and so on.” Mr. Molau again raised his hand to translate. The looks on Mr. and Mrs. Kukulau’s faces were a mixture of disbelief, astonishment, but also joy. After a short pause, Ms. Sieglitz continued speaking: “I had a similar case earlier. 52 years old, almost 25 years in construction. Broken back. No meaningful school education. We’ll never retrain him into an IT specialist. His German is a complete disaster. Unplaceable. How do you get someone like that out of the unemployment statistics? He simply goes to school together with his granddaughter for the next three years. The newly discovered legal situation makes this possible. School attendance is part of parental duties of assistance. And grandparents can also take that on. Maybe he’ll learn something after all. And in a few years he won’t be in the statistics anyway. My boss likes that. It lets him shine, showing how well we are managing to keep the unemployment rate low.” Mr. Molau again raised his hand several times to get time for translation. “Don’t worry. Everything will be fine. Here is the letter for the school,” said Ms. Sieglitz and handed over the printout that had just come out of the printer. “Everything else will come by mail. I’d say we’ll see each other in a year and take a look at how you’ve been doing at school,” said Ms. Sieglitz and stood up from her chair to escort the three out of her office. Mr. and Mrs. Kukulau, as well as Mr. Molau, were still in disbelief. They had not fully understood what had just been explained to them at high speed, but they nodded in thanks and left the office. Ms. Sieglitz sat back down at her desk, said to herself, “That went really well!” and opened the calendar on her computer. She tried to pronounce the name of the next appointment, but immediately gave up, went to the office door, and called out into the hallway: “Number 58, please!” Parental duty of assistance and school attendanceThe school attendance of a minor child is not subject exclusively to the organizational and regulatory authority of the school or the federal state. Rather, it is part of parental responsibility and duty, as it arises directly from the Basic Law and the German Civil Code.1. Constitutional basis (Art. 6 GG) Article 6 paragraph 2 sentence 1 of the Basic Law states unambiguously: “The care and upbringing of children are the natural right of parents and the duty primarily incumbent upon them.” This provision does not merely establish a defensive right of parents against state interference, but a binding duty. Parental responsibility is conceived comprehensively and encompasses all areas of the child’s life. School attendance is an integral part of upbringing and is therefore directly covered by Article 6 of the Basic Law. The state – including the school – has only a supervisory and supplementary function in this respect. A general or blanket exclusion of parental participation or presence in lessons is incompatible with Article 6 of the Basic Law. 2. Specification under civil law (§ 1618 BGB) Parental duty is further specified by § 1618 of the German Civil Code. It states: “Parents and children owe each other assistance and consideration.” The concept of assistance is deliberately framed broadly by the legislature. It is neither temporally nor spatially limited. The legislature has expressly refrained from excluding specific areas of life – such as school or classroom instruction – from the duty of assistance. This leads to the unavoidable conclusion: If parents consider it necessary to provide assistance to their child in the school context, this is part of their statutory duty. Presence in the classroom constitutes a permissible and legally covered form of such assistance. 3. No restriction possible through state law School laws, school regulations, and administrative provisions are state law. Article 31 of the Basic Law makes it clear: “Federal law supersedes state law.” Since Article 6 of the Basic Law and § 1618 BGB are federal law, state school regulations cannot restrict or override these duties. Provisions that generally limit or prohibit the presence of parents in the classroom are therefore legally irrelevant insofar as they conflict with federally established parental duties. 4. Pedagogical considerations of the school Pedagogical assessments claiming that the presence of parents in the classroom is “disadvantageous” or “harmful” to the child have no legal precedence over parental rights and duties under Article 6 of the Basic Law. The decision as to how parental assistance is concretely structured fundamentally lies with the parents themselves. The state may intervene only in the event of a demonstrable, concrete endangerment of the child’s welfare. Abstract pedagogical considerations are insufficient for this purpose. 5. Conclusion A child’s school attendance is part of the parental duty of care and upbringing. Under Article 6 of the Basic Law and § 1618 BGB, parents are obliged to provide assistance to their children. This duty may also include unlimited presence in the classroom. School-based or state-law regulations cannot restrict this duty. The ultimate legal decision as to whether and to what extent parents are present in the classroom lies with the parents themselves. Author: AI-Translation - Michael Thurm | |
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