Educational measure
In the narrower sense, an educational measure is an educational activity carried out by teaching staff in schools . In the German school system, the educational mandate is on an equal footing with the educational mandate .
School law
Germany
Educational measures or actions and the regulatory measures separated from them are defined and regulated in Germany in the school laws of the individual federal states, in North Rhine-Westphalia for example in Paragraph 53 SchulG:
(1) Educational influences and regulatory measures serve the orderly teaching and educational work of the school as well as the protection of people and property. They can be used when a student violates duties. The principle of proportionality must be observed. Regulatory measures are only permitted if educational influences are insufficient. Influences against several students are only permitted if the misconduct can be attributed to each individual.
(2) Educational influences include, in particular, the educational conversation, admonition, group discussions with pupils and parents, oral or written disapproval of the misconduct, exclusion from the current lesson, follow-up work under supervision after prior notification of the parents, the Temporary removal of objects, measures with the aim of repairing damage caused and the assignment of tasks that are suitable to clarify the misconduct. In the event of repeated misconduct, the parents should be informed in writing so that the educational influence of the school can be supported by the parents. In the case of particularly frequent misconduct by a pupil or joint misconduct in the class or study group, the causes of the misconduct should be investigated in a special way.
(...)
The educational measure can also be applied to adult students.
Legal guardians of the student may not invalidate any educational measures taken by the teacher. In order to prevent the teacher's decision, legal guardians or adult pupils can complain to the school management or raise a supervisory complaint on which the school supervisory authority decides (Art. 17 in the Basic Law).
If educational activities do not achieve the goal even after several attempts or if the instructions of the educational measure are not fulfilled, the responsible body can be convened to order a regulatory measure .
Measures that lack a meaningful connection to the misconduct are prohibited in almost all school laws of the German federal states. For basic pedagogical considerations, it is more advisable to clearly emphasize this connection through the individual design of the measure (example: cleaning the tables as an educational measure for students who have defaced their tables).
Detention can only be found in the Baden-Württemberg School Act ; in the other countries it is not expressly forbidden, but it would require a special legal authorization , since it encroaches on the fundamental right to freedom of the person (Article 2, Paragraph 2, Sentence 2 of the Basic Law). In most federal states, however, it is planned to hire individual students, groups or entire classes for follow-up work under supervision if the intended workload was not achieved as a result of their misconduct (e.g. Art. 86 para. 1 BayEUG ). Students have to attend these additional lessons as part of compulsory schooling .
pedagogy
Pedagogical measures in general technical language understanding can consist, for example, in parent information evenings, parent-child afternoons and joint breakfast breaks to increase nutritional awareness.
Experiential education tries to pursue other ways of educational measures .
literature
- Hannes Berger: Educational and regulatory measures in school law , in: Journal for State Constitutional Law and State Administrative Law (ZLVR), 2/2018, pp. 46–55.