Supervision (school law)

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Teachers have a duty to supervise the students .

Obligation to supervise in German school law

The essential provisions of the duty of supervision result from very general legal norms; the following statements therefore apply to the whole of Germany and probably beyond; only details are regulated differently in the school law of the individual federal states (e.g. duty of supervision at school bus stops).

Legal sources

The duty of the teachers to supervise the pupils during lessons and other school events is derived

  • from the necessary protection of minors, as a substitute for parental supervision , and
  • from the duty of care and traffic safety , which follows from the school relationship, and which also applies to adult students.

Implementing provisions are regulated by the ministries of education by decree .

content

The content of supervision is

  • to protect the students from harm,
  • prevent damage caused by students

Obligated

Are subject to supervision

  • first of all the teacher to whom the pupils are entrusted, be it through the distribution of lessons or through voluntary assumption;
  • Incidentally, every teacher in a school vis-à-vis all pupils, as far as the necessity to intervene results from the circumstances;
  • the headmaster for the organization of supervision.

If the supervision is supported by auxiliary persons , the supervising teacher is also responsible for their careful selection and guidance and appropriate use.

Scope and measure

The duty of supervision extends spatially to

  • the school facilities,
  • the locations of the school events, and
  • the routes between different school venues;

and in time

  • teaching including working groups,
  • the breaks ,
  • a reasonable time before the start of the class and after the end of the class,
    • this can include supervision at the school bus stop,
  • School trips ,
  • other school events, even if participation is optional,
    • The duty of supervision may include considering how students can safely get to the event or the meeting point and back home.

A supervision is not ,

  • if a student leaves the group without permission,
  • in certain cases, when the legal guardians have given their consent that no supervision is carried out.

The extent of the duty of supervision results in the individual case from a reasonable balance between

  • the obligation to avoid harm,
  • the requirement of practicability and
  • the students' demand for independence and personal responsibility, which is one of the goals of their upbringing.

Supervisory measures are therefore dependent on, among other things:

  • the age and insight of the students,
  • the spatial conditions at the place of supervision and
  • recognizable, acute risk potential (e.g. construction site).

execution

The supervision must be continuous, active and preventive.

Continuous supervision means:

  • the pupils must feel supervised at all times, usually by the presence of a teacher;
  • if a teacher has to leave the place of supervision, he must take all reasonable precautions to avert danger to or from the pupils during his absence;
  • if the absence of a teacher is known in advance, the school management must ensure the substitute supervision.

Active supervision means:

  • As a rule, the teacher cannot be satisfied with warnings and instructions to the students;
  • rather, he must take precautions within the framework of what is possible and reasonable for him in the event that his admonitions are not observed;
  • If necessary, he must enforce bans.

Preventive supervision means:

  • The teacher must always consider whether the local or temporal conditions or the behavior of the pupils can give rise to dangers and how he can avert these dangers.

Violations of the duty of supervision

In the event of a violation of the duty to supervise, different legal consequences are conceivable depending on the case:

For more information, see also under breach of duty of supervision (BGB) .

Obligation to supervise should ideally not only represent an economically reduced content of the pedagogical influence, but should also represent the basis of constructive content.

Country-specific regulations

Hesse

This article or paragraph presents the situation in Germany . Help us to describe the situation in other countries.

In Hesse , the duty of supervision is regulated in the ordinance on supervision of schoolchildren .

The scope of supervision extends to Section 3 (1)

  • the reliable school time according to §15a of the School Act,
  • the lessons, even if they are carried out outside the school premises,
  • a reasonable amount of time before and other school events as well as after class and the intermediate hours,
  • Public transport stops, insofar as they are spatially and functionally assigned to school operations, as well as school bus stops,
  • the breaks,
  • the lunch break,
  • Paths between the school premises and other locations where lessons or a school event take place (teaching paths),
  • other school events.

The boundaries of the Supervisor regulates §4. According to this, supervision from grade 9 onwards can be limited to general rules of conduct, provided there is no increased risk of health or property damage. Adult pupils are only subject to supervision if there is an increased risk to health or property damage. Increased risks to health or property damage can arise in particular in scientific and technical subjects and offers, in school sports, as well as on school hikes and school trips.

Austria

The regulation in Austria is defined as follows:

Here is an extract from the law:

According to Section 51 (3) of the School Education Act, the teacher has to supervise the pupils in the school according to the respective duties.

If there are no teachers in the school, supervision can also be carried out by other people.

literature

  • Rademacher: Obligation to supervise and liability. Cornelsen Berlin 2020 (= Scriptor Practice series)
  • Fetzer: The teachers' duty of supervision. In: Pedagogy 9/94, p. 49ff
  • Füssel u. a .: ABC for teachers on the right. Luchterhand, Neuwied 1998.

Web links

Individual evidence

  1. ^ Constitutional level GG: Art. 6; 7; 19 (1); 20 (3); 34; Constitution of the federal states; Legal level BGB: §§ 823; 832; 839; 1626 SGB VII: § 2; SGB ​​VIII 1a: § 1, as well as the school laws, statutory ordinances and administrative regulations of the individual federal states
  2. ↑ http://www.vbe-sh.de/index.php?Link=schulrecht_detail&id=50
  3. ↑ http://www.nibis.de/~as-lg2/ps4/aufsicht.htm