Pedagogical freedom

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Pedagogical freedom describes the discretion and decision-making scope of a fully trained teacher required for teaching and educational work . It is partly anchored in school law and may not be unnecessarily or unreasonably restricted in Hesse , for example, by legal and administrative regulations or by conference resolutions (cf., for example, § 86 Hessian School Act). In other federal states, teachers' law is much more restrictive. There, the relevant school laws speak of educational responsibility .

Baden-Württemberg

The Schools Act of Baden-Württemberg stipulates in Section 38, Paragraph 6: “The teaching staff shall, within the framework of the Basic Law, the Constitution of the State of Baden-Württemberg and Section 1 of this Act, set educational goals and curricula as well as the other regulations applicable to them Orders the direct pedagogical responsibility for the upbringing and education of the pupils. ”This does not establish an enforceable subjective public right of the individual teacher vis-à-vis the school inspectorate. "Even if one assumes that teachers - unlike the majority of other civil servants (cf. Section 74, Paragraph 1, Clause 2 LBG) - are in any case not subject to an unlimited right to give instructions with regard to their educational responsibility (cf. BVerwG, decision of 28 January 1994, NVwZ 1994, 583), the law does not grant the individual teacher any actionable subjective public right vis-à-vis the school supervisory authority (see §§ 32 ff. SchulG) (see OVG North Rhine-Westphalia, judgment of 25 August 1989, ZBR 1992, 25; Heckel-Avenarius, Schulrechtskunde, 6th ed., P. 237; aA Niehues, Schul- undprüfungrecht, 2nd ed., No. 310). For the pedagogical freedom granted to the teacher with pedagogical responsibility finds its basis and justification in the educational task of the teacher. It is guaranteed to him not for his own sake, but for his function, his office. At its core, it is not a personal freedom, but a freedom related to the purpose of the school, to the educational interests of the pupils (see Heckel-Avenarius, Schulrechtskunde, 6th edition, p. 235; Holfelder-Bosse, SchulG, 10 . Ed., P. 352). "

literature

Individual evidence

  1. ↑ Hessian School Act of November 21, 2011, PDF file  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.@1@ 2Template: Toter Link / www.hessen.de  
  2. ↑ http://www.schulrecht-rw.de/Padagogische_Verendung.pdf
  3. ↑ Lower Saxony Schools Act, Section 33
  4. ↑ http://www.landesrecht-bw.de/jportal/?quelle=jlink&query=SchulG+BW+%C2%A7+38&psml=bsbawueprod.psml&max=true
  5. ↑ http://openjur.de/u/392844.html

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