Offences against compulsory education - advice for schools

Description

The fines office supports schools in enforcing their educational mandate. At the same time, it also helps legal 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.

If school absences cannot be counteracted with educational measures, the school can initiate fine proceedings with the fines office of the Department of Education and Sport.

Procedure up to the report (preliminary proceedings)

• Before a report is made, it must first be clarified whether the pupil is required to attend school or whether an obligation to attend a preliminary German course has been imposed. Furthermore, it must be checked against whom the complaint is directed (pupil, legal guardian or training company).
• Educational measures must be implemented as a matter of priority. If these are unsuccessful, a hearing will be held.
• The person concerned must be given the opportunity to respond to the accusation within a hearing, usually within two weeks. Reference must be made to the impending fine.
• When the person subject to compulsory school attendance reaches the age of majority (18 years), the legal guardians are usually no longer involved and the proceedings are only to be directed against the pupils and training companies.

Notification of the violation of compulsory school attendance

• The report should be made as soon as the violation of compulsory school attendance occurs.
• It must contain the personal details of the person subject to compulsory schooling and the parent or guardian or the appointed guardian or carer.
• The class name and the name of the class teacher must be stated.
• The days of absence must be listed in full and individually. In the case of a German preliminary course, the days of absence on which the child was not in the compulsory preliminary course must be included.

The report must be signed by the school management and should be signed by a witness (e.g. class teacher).

The report is sent to the fines office of the Department of Education and Sport together with all copies of the preliminary proceedings.

The appropriate recordable forms are available under "Forms and Links". There you will also find the brochure "Hilfe zur Durchführung von Bußgeldverfahren für Schulen", which provides detailed information on the various offences and the procedure.

Required documents

Please use the appropriate descriptive forms depending on the offence:

• Hearing form
• Notification
• Attachment to the notification: Proof of school attendance monitoring (only for vocational schools)
• Compulsory school attendance monitoring in the event of a change of location or federal state

Legal basis

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