No class change because of many children with a migration background

VG Hannover: School has put the class balanced
Hanover (jur). Parents can not justify a change of their child to another school class with the migration background of many classmates. Because this alone says nothing about the work and social behavior of a school class, the academic ability and the language skills of students, decided on Friday, June 30, 2017, the Administrative Court of Hannover in an urgent procedure (Az .: 6 B 5376/17).

Image: Robert Kneschke - fotolia

Background of the dispute was the formation of a new class in a primary school in Hannover. As in the classes 1 a and 1 b in the school year 2016/2017 already 26 children were taught, the classes should be divided in the second school year after the access of other students and formed another school class.

The parents of a student, however, did not want to accept that her daughter should now switch to a parallel class. There, the proportion of students with a migration background is particularly high. They feared future learning deficits in their daughter.

The elementary school, however, insisted on the class division. Almost all the children in the school class in which the daughter was supposed to go had German citizenship. A quotation after the migration share is not provided for by law. Most of the 16 students are also average, four children are particularly powerful. Only two underachievers were available.

By express application, the parents wanted to prevent the change in the parallel class.

But without success. The parents had not made credible that the change of school class would "obviously adversely affect" the development of the daughter, the administrative court. The migrant background of the students alone does not allow any conclusions to be drawn about the linguistic and social conditions and also not about the academic performance or the work and social behavior of children.

The school has plausibly demonstrated that the new class has been differentiated in terms of performance and language ability. In the three parallel classes, the children were balanced in terms of performance and possible language deficits. fle / mwo