This is from freipresse.de, but unfortunately the original article is no longer available online.

Court:  Freedom of religion does not relieve one of compulsory school attendance

Dresden (ddp).  A devoutly Christian family from East Saxony may not keep their children from school.  Freedom of religion does not justify truancy, the Administrative Court in Dresden decided Thursday.  The judges therefore denied an application from the family for provisional legal protection from the 5000 Euro ($6,512) coercion money laid by the responsible school authority.

According to the account, the parents have educated their three school-aged children themselves for years, instead of sending them to a school.  They should be exposed to neither sexual education nor instruction in the theory of evolution.  In addition, the parents fear a "atheist indoctrination" of their children as well as the confrontation with humanistic or other world views, which stand in conflict with their religion and their moral convictions.

The regional education office in Bautzen had obligated the family to ensure the school attendance [of their children].  When this did not happen, it threatened coercion money in the amount of 5000 Euro.  For collection of the amount, an account belonging to the family was finally, seized and registered a lien on their property.

The court holds these punishments legal.  In view of the possible consequences of a sustained absence from school over the course of years, it is not disproportionate to impose a fine of this amount.  This has nothing to do with the quality of home education.  Compulsory attendance, after all, does not only ensure the transmission of certain knowledge, but also for social interaction and the discussion of other opinions.  Besides, the public schools are obligated to to neutrality among world views.

The family may register a complaint against the judgment.  Then there will be the possibility that the case will come before the Higher Administrative Court of Saxony.

Whether or not the case goes to a higher court is likely irrelevant.  This ruling is in line with the rulings of other German courts, including the Constitutional Court and the decision of the European Union Court of Human Rights in Strassbourg.  A family cannot evade the law based on religious conviction, and the quality of instruction in the home is of no consequence. 

What other options are there?  I'm not sure.  The socialization issue is of continual concern even here in the US where we have the benefit of years of experience with homeschooling as a viable educational alternative.  It is difficult for me to imagine that public opinion can be changed without the benefit of actual experience and as long as homeschooling is continually portrayed as an activity of extremists, whether religious or pedagogic. 

In my personal opinion, the situation is much like the civil rights movement here.  There isn't much that can be done, other than assert one's rights, persevere and wait for the national conscience to be swayed by the events.

And as an American homeschooler, I cannot help but view these events in the context of current debates about homeschool regulations and the socialization issue.  What has become legal precedent against homeschoolers in Germany is not so far from public opinion here in the US.

Dana Hanley has a degree in Education and Liberal Arts with a major in German from the University of Kansas.  She lived for a total of two years in Germany as an exchange student and currently homeschools her own three children.

Related Tags: homeschooling, homeschooling in Germany, socialization

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