Court Judgement Part 4

The plaintiffs apply to oblige the defendant to release their under-age children Thomas and Moritz from the obligation to attend a state school or state recognised school in the Federal City
State of Bremen for reasons complying with section 57 of the Bremen School Statute and also to rescind the decisions of 21.03.2006 and 12.07.2006.

The defendant applies to have the plaintiffs’ application rejected. The defendant responds to the plaintiffs’ demands with reference to the disputed decisions.

Within the framework of a process to compel school attendance (case No. 7 V 2003/06) which is being pursued parallel to the present appeal the plaintiffs and the defendant have reached an arbitrational cooperation agreement, effective from 13.09.2006, in order to ensure that the education and development of the two children may take place in a form which is supervised and monitored by the school authorities and success orientated. The aim is to synchronise the home learning with the school learning aims so that it remains possible for the children to enter a standard school. In this respect working according to the concept of the Clonlara School is regarded by the Senator for Education and Science as supplementary furtherance. The basis for the educational work with the plaintiffs’ children is the Bremen School Statute and the curriculum framework for the primary stage with the standards prescribed for the end of the 4th class or end of the year 6 respectively.

The (School) Authority file (24-12-111/7) was available to the court. Its content constituted a
part of the hearing, insofar as the decision is based upon it.