Offences against compulsory education

Description

The fines office supports schools in enforcing their educational mandate and helps parents/guardians to enforce school attendance for young people who are required to attend school. Compulsory schooling generally lasts twelve years (nine years of full-time compulsory schooling and three years of compulsory vocational schooling) and gives everyone access to education, regardless of their background or social status. Pupils therefore have a constitutional right to education and thus to participate in working and professional life as well as in social and cultural life.
Anyone who violates compulsory education must expect a fine. The fine notice contains the personal details of the person concerned, a cash account number, the amount of the fine as well as the additional costs, the charge of the offence, the request for payment and instructions on how to appeal.

Offences against general compulsory education are punished. As a rule, you will first receive a letter from the school threatening you with a fine and asking you to comment on your absences. In these cases, please contact the school immediately in order to prevent the initiation of fine proceedings against you in the event of misunderstandings.

Proceedings
If a fine is imposed and the accusation is true, you must pay the entire amount (fine and additional costs) stated in the notice to the city treasury within a certain period of time.

If you are unable to pay the fine all at once for financial reasons, you can apply to the city treasury for payment by instalments.
If the fine notice is addressed to young people or adolescents, they can also perform work instead of paying the fine. In this case, please submit an "Application for conversion into work obligations" to the city treasury or the fines office (you will find the contact details at the bottom of this page).
You will find the appropriate forms and contact details for the city treasury under "Forms and links".
Appeal
If you want to defend yourself against the fine, you, your legal representative (parent or carer) or authorised representative (e.g. other family members or a lawyer) can lodge an objection. A deadline of two weeks applies. This period begins on the day you receive the decision. The objection must be lodged in writing or in person with the fines office or be received there within the deadline. Only then is the objection admissible.
If the objection is admissible, the fines office will examine the objections you have raised. If the objection is admissible and well-founded, the proceedings will be discontinued. If the objection is admissible but unfounded from the point of view of the fines office, the case is sent to the competent district court for a final decision, which then decides by means of a ruling or a judgement during a hearing.

Prerequisites

Legal guardians and carers are in breach of compulsory schooling if, for example, they

• do not enrol school-age children at a compulsory school (primary, secondary or vocational school).
• Do not ensure that school-age children and young people attend school or compulsory school events.
• Do not ensure that school-age children attend a compulsory German preparatory course.
A preliminary German course can be made compulsory if children do not have sufficient knowledge of German.

14-year-olds and older who are required to attend school are liable to prosecution and may themselves be in breach of compulsory schooling, especially if they are absent from lessons and compulsory school events without authorisation.

Employers are in breach of compulsory schooling if they do not encourage or prevent those subject to compulsory schooling from attending vocational school.

Required documents

• Fine notice (to pay the fine. There you will see the bank details and the cash account number you need for this)
• Application for payment by instalments (if you wish to pay by instalments)
• Application for labour conditions (if you want to apply for the fine to be converted into labour conditions).

Legal basis

Bavarian law on education and teaching (BayEUG)
Law on administrative offences (OWiG)