The Youth Welfare Office denied a request for Melissa to visit her parents during her birthday (April 23). At 3AM, she climbed out of the window of her foster family and made her way home of her own volition. She left a note, thanking the family for her care.

Being 16, she should have greater rights at determining where she wishes to live, however she has not been discharged from the foster care system and this was not planned. She was able to celebrate her birthday at home. In the picture, you can see her with her mother looking at the letters from around the world. Several people stopped by to offer their congratulations and news agencies, including the Bayerischen Rundfunk (Bavarian Radio), FocusTV and the Nurenburg Nachrichten, were also present.

Authorities did not intervene, however some action is expected. Her lawyer has reportedly advised her to refuse to go with them. Upon questioning from the Nuremburger Nachrichten, the Youth Welfare Office responded, "We are informed as to the whereabouts of Amina." The office stated that it would not act in haste, but would weigh further steps carefully in the interests of the child. There is a nice article in the Nurenburg Nachrichten about the case. The following are some excerpted quotes:

About her flight: "I packed my things in the night, threw them out the window and jumped after them. I would like to stay home and never return there for any reason. I missed my family very much."

The worst part, she shares, was her stay in the psychiatric ward of the local clinic: "No one told me where I was or why I was there. It was like in a prison. I couldn't leave, only eat, sleep and watch a little television."

Plans for the future: "I would like to graduate, if possible, also [complete] the Abitur." (Highest level of German certification. This would allow her to go to university, if she chooses.) She does not rule out returning to a state school. "That depends on the circumstances."

On the 26th, Melissa's mother celebrated her birthday and was able to celebrate with all her children.

To view Melissa's virtual birthday celebration, check here and click on "Happy Birthday, Melissa."  Scroll down and you will see photos from several families who lit 16 candles for her birthday.  The goal was to have a total of 1968 candles to represent each hour she was away from her family.  This number has not yet been reached and so far as I know, the site is still accepting pictures if you would like to send one in.  The photos will be displayed on the site and later made into an album to give to Melissa.  The email address to send the photos to is:

falumafischer@aol.com

More information for those who have been following the situation in Germany:

Sheila Lange is an American married to a German citizen.  They are currently living in Germany and homeschooling. 

Scatty is homeschooling in Germany and shares her insight into the situation as well.

I have several updates on my blog.  These consist primarily of summaries and translated excerpts of German news articles and items forwarded me by Netzwerk Bildungsfreiheit.

This case has sparked a bit of a debate about homeschooling in Germany, which could prove positive in the long run.  As Scatty notes in her entry, the subject was once taboo.  Now it is being covered by several news outlets in Germany, and is the subject of conversation on several German internet message boards.

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.

February of last week, Melissa's father, Hubert Busekros spoke with kreuz.net, a German catholic site.  Here is the translation:

The case of a normal 15 year old girl who was dragged from the family home is shocking Germany currently.

(kreuz.net)  On the first of February, 15 police officers lead the healthy, 15 year old girl out of an in tact family and into psychiatric treatment.

The family is evangelic-reformed and belongs to the Hungenott church in Erlangen.

Melissa's father, Hubert Busekros, has in the meantime filed a request for the immediate suspension of the act.

With that, the files were handed over to the Provincial High Court of Appeal in Nuremburg for a decision.

Why wasn't Melissa moved to another Gymnasium when there are, after all, seven Gymnasien? (The Gymnasium is the highest level of secondary education in Germany.  Really, only graduates from the Gymnasium go on to take the Abitur and are thus able to enter the university system or a better job.) 

Hubert Busekros:  Melissa wanted to stay in her class.  Therefore we worked to keep her in the school.

But obviously the wishes of the child is of little meaning to the state.  It appears that the officials know what is best for a child.

Why was the 15 year old alone abroad on the date of the hearing in family court?

Hubert Busekros:  The girl was not under any judicial travel restrictions.  Besides, it was vacation time.

Why did the family allow the other five children remain at the state schools when they are obviouslyso bad?

Hubert Busekros:  Because our children desired it.  We strive to respect the personalities of our children.  The state's uniform education mash isn't suited for everyone.

But Melissa is under the compulsory school attendance law...

Hubert Busekros:  No, the compulsory attendance period was already over.  (However, in Bavaria, as I believe in most of Germany, you are required to either be in school or enrolled in an apprenticeship program).

Why aren't the local daily papers reporting on the case?

Hubert Busekros:  The local papers have determined that there will be no report.   It is about a personal affair that is not of public interest.  Whose bread I eat, what song I sing--or I remain silent.

How is Melissa doing in psychiatric treatment?

Hubert Busekros:  Melissa is a strong personality.  It appears she is handling the shock in which our family currently lives the best of us all.

Is it clear, how long your daughter will stay in psychiatric treatment?

Hubert Busekros:  At the wish of the consultant, Melissa should remain for one week.  But the Youth Welfare Office in Erlangen will make the final decision.  (As of this writing, Melissa has still not been released.  The last I read, her mother and siblings are allowed brief visits, but not her father.)

How are you thinking to proceed from here?

Hubert Busekros:  I request that the mayor of Erlangen as the highest public servant of the Youth Welfare Office to ensure that our daughter is released.

For anyone who is interested in further updates on the case, I have been keeping translated summaries of the reports on my blog.  From everything I have read, it appears that Melissa was expected to be released on Friday, but that did not happen.  Here is additional contact information for anyone interested (note, no mail is being given to Melissa):

 

Youth Welfare Office
Director: Edeltraud Höllerer
Rathaus
Rathausplatz 1
91052 Erlangen
Tel. +49 (0) 9131 86-2844
Fax +49 (0) 9131 86-2438

Mail: edeltraud.hoellerer@stadt.erlangen.de

Or  stadtjugendamt@stadt.erlangen.de

 

Responsible Official

Monika Muzenhardt

Mail: monika.muzenhardt@stadt.erlangen.de

 

Mayor of the Town of Erlangen

Dr. Siegfried Balleis
Rathausplatz 1
91052 Erlangen 
Fon: +49 [0] 9131 86-0
Fax: +49 [0] 9131 86-26 92

Mail: ob@stadt.erlangen.de

 

Local Court Erlangen

Family court

Richterin Frank-Daupin

Mozartstraße 23

91052 Erlangen

Tel. +49  9131-782 01

Fax +49  9131/782-361

(No Email address available)

 

Minister of Justice in Bavaria

Beate Merk

Prielmayerstr. 7

80335 München

Tel. +49 89 5597 1799

Fax +49 89 5597 3580

Email: beate.merk@stmj.bayern.de

 

Clinic Nürnberg-Nord/Psychatrie

Prof.-Ernst-Nathan-Str. 1
90419 Nürnberg
chief physician: Prof. Jörg Wiesse

Email: joerg.wiesse@klinikum-nuernberg.de

 

Assistant Medical Director 

Dr. Schanda

(Responsible for the survey of Melissa)

Tel: 0911-398-3877

Fax: 0911-398-3261

 

Email: KJP_B@klinikum-nuernberg.de

axel.froelich@klinikum-nuernberg.de

 

You can send your letter of encouragement to Melissa to:

 

Melissa Busekros

Klinikum Nuernberg-Nord

Haus 48 B

Prof.-Ernst-Nathan-Str. 1

D-90419 Nuerenberg

GERMANY

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: Busekros, homeschooling, homeschooling in Germany

Fifteen year old German homeschooler forcibly admitted into a mental institution                           german

The day before Christmas, the German newspaper, Erlanger Nachrichten published a picture of the eight-member Busekros family standing happily together around an advent wreath. The title of the accompanying article was “Only families open the way for new perspectives“. On the first of February this year, the Busekros’ oldest daughter was torn from her family by force, thanks to a judge’s ruling : Compulsory admittance to the Klinikum Nuremberg-Nord, a psychiatric clinic for children and young people and loss of parental custody.

In summer 2005, 15 year old Melissa was told that she would have to repeat the 7th grade at the Christian Ernst Hig Gymnasium (a high school where one can obtain the Abitur, the highest German high school diploma) due to her bad grades in math and latin. The situation in the class played no small part in creating this state of affairs - the high noise levels and cancelled classes prevented her from receiving the educational assistance she needed during school hours. As Melissa had good grades in all the other subjects, repeating the whole year would be mostly a waste of her time, as well as the fact that she would now be in a class even more problematic than the previous year’s. Thus, it was decided by Melissa and her parents that she would be tutored individually at home to meet her specific needs. At her own wish, Melissa only took part in Music and sang in her school choir. The school and the local school authorities were not satisfied with this solution, and consequently expelled Melissa from the school, allocating her to the local Hauptschule (the lowest in the German three-tier high school system.

The Busekros continued educating their daughter at home, with their other school-age children still attending school. At the end of the school year 2005/2006, Melissa was no longer subject to full-time compulsory schooling. In spite of this the Youth Welfare Office (Jugendamt) in Erlangen appealed to the local Family Court, which ordered Melissa and her parents to appear at a hearing, which was consequently attended solely by her father. Melissa was overseas at that point. However, the authorities didn’t relent and wanted to know in detail where Melissa was, resulting in an unannounced visit to the family by the Judge of the Family Court.

The Busekros family is known and much loved by all their neighbours. Their willingness to be photographed for an article in the local newspaper demonstrates that they have nothing to hide. That was not good enough for the officials. On Tuesday 30^th January just after 7am, Mrs Busekros and her children – Mr Busekros had already left for work – were startled by the appearance of social workers and police officials who demanded that Melissa be handed over to them immediately. They had as authorisation a decision by the Erlangen Court (case no. 006 F 01004/06) of the 29^th of January. It stated “The relevant Youth Welfare Office is hereby instructed and authorised to bring the child, if necessary by force, to a hearing and may obtain police support for this purpose.”

Melissa was brought into the Child Psychiatry Unit of the Nuremburg clinic and was subjected to an interrogation in the presence of the specialist Dr. Schanda. After this interrogation, about three and a half hours after she was coerced into the clinic, Melissa was returned home. Her relieved parents and her five younger siblings, who didn’t know when they would ever see Melissa again, as well as Melissa herself didn’t know that the worst was still to come.

On the afternoon of the 1st of February, the judge of the Family Court, representatives of the Youth Welfare Office, along with fifteen police officers, marched up to the Busekros home, to haul Melissa off to the Child Psychiatry Unit of the Nuremberg clinic. The judicial decision authorising this also removed Melissa from her parents’ custody, according to her father, Hubert Busekros.This treatment was justified by the psychiatrist’s finding, two days previously, that she was supposedly developmentally delayed by one year and that she suffered from school phobia. The fact that the less than optimal testing environment and the unexpectedness of the tests could have impacted on Melissa’s performance were not taken into account in this decision. It is not known when Melissa’s parents and siblings will be able to see her again, as the official approach in cases of “school phobia” is to completely prevent the “patient” from having any contact with those closest to him or her, as such contact supposedly enables the phobia.

The article, "Only families open the way for new perspectives " was accompanied by the photo of a happily smiling Melissa surrounded by her loved ones – in her current situation, she can’t have much to smile about. Will her smiles disappear completely, while the bureaucrats who placed her in this situation remain smug in their certainty that they have made her life better? What is being done to a sensitive and musical young girl, just because the bureaucrats want to set an example? In their zealous drive to enforce compulsory schooling (which by Melissa’s age is only part-time) at all costs, they readily accept the trauma caused to the unassuming and lovable Melissa.

If Melissa had lived in Austria, the Czech Republic, France, Ireland, the UK or Belgium, all those involved – the schoolgirl, her parents and the educational officials involved – would have been, at the very least, unperturbed that she was being educated at home. In these countries, as in practically the rest of the world, home education is a legally recognised alternative to school, which can be a boon to children with special needs and gifts. Many of those German school pupils who have had to repeat grades would have been able to complete their schooling without stress in these countries if they had parents as involved as Melissa’s. Melissa, on the other hand, has been turned into a psychiatric case : a German schoolchild’s nightmare.

The Netzwerk Bildungsfreiheit condemns this inconsiderate and totally incommensurate behaviour on the part of the officials involved and demands that they give Melissa her freedom and return her to her family immediately. Additionally, the Netzwerk Bildungsfreiheit calls all politicians and those in political offices, in Erlangen and the rest of Germany, to ensure that such human rights abuses and and high-handed behaviour by government officials are stopped, even if it requires personal intervention.

Published by Netzwerk Bildungsfreiheit e.V. (Network for freedom in education) Nueremberg, Germany

Contact person: Elisabeth Kuhnle, Tel. +49-721-611979, E-Mail: presse@netzwerk-bildungsfreiheit.de

Translation : Rina Groeneveld

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.

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

The German Embassy in Ottawa has issued a statement, apparently in response to the volume of letters the embassy has received regarding the homeschool situation in Germany. Unfortunately, the statement is full of inaccuracies:

In Germany education is subject to provincial ("Laender") and not federal law. Generally, school attendance is obligatory in all provinces for children of school age. Parents are obliged to send their children to either public or private schools.

Schools must be approved by the competent authorities and may be run by the province, congregations (Christian, Jewish or other) or private institutions. Like in most other European countries, home schooling is not an option.

The German system of obligatory school attendance has a long tradition and it has proven to be successful. It ensures that all children's intellectual needs are met. Apart from that, it provides children with valuable experiences in regards to social interaction in groups, including contact with peers from different social or religious sections of society.

Furthermore, given recent world events, general school attendance is seen by parts of the German public as a means of protection from religious fundamentalism. Home schooling might allow religious fanatics to indoctrinate children in uncontrollable ways. In Germany children can attend religious education of their religious denomination in public or private schools.

As Germany is - in contrast to Canada – relatively small and densely populated, children are usually able to reach the nearest town and their school without difficulties.

Not sending your children to school is an infringement in Germany, sanctioned by a fine. Continuous and persistent violations constitute a criminal offence and may lead to imprisonment.

Concerning the recent legal cases in Germany, there have been long negotiations between the involved families and the Provincial Ministry of Education, which are still pending. The families in question have so far not been willing to accept testing of the students' performance or the many constructive proposals made by the province. These proposals included the opening of a private school, that would take into account the childrens' religious beliefs - more so than at a public school.

A few points:

1. Homeschooling is LEGAL, not illegal, in most of Europe. There are some heavy regulations in some areas, but consider this map.   (Pink represents those countries in which homeschooling is openly illegal, blue represents those in which homeschooling is legal, retrieved from Homeschooling in Deutschland.  Click on Gesetze to view the map.)
   
2. Yes, the German education system has a long tradition of excellence that has been copied around the world. But recent international comparisons have shown that Germany no longer has the edge in preparing students academically. In fact, in the PISA 2000, the United States of all countries outscored Germany. Right now, we both seem to be hovering around the average for OECD countries.
3. Socialization. I'd prefer not to go there, but there have been a number of studies about how "socialization" is achieved just fine in the homeschool environment. I do believe there to be a difference between what the average American means when they start talking about socialization and what is meant in this statement.
   
4. Negotiations? I'd like to see that. Short of the case in which the state of Bavaria granted Twelve Tribes the privilege of starting their own private school on a one year trial, I'm not aware of any other compromises offered by the state. In fact, the homeschoolers have continually asked for compromise...for their children to be tested, for their curriculum to be reviewed by the state, for pilot projects to be assessed by the state and even to be allowed to start their own private school. But such requests have been rejected. Don't just take my word for it. Scatty, a foreigner attempting to homeschool in Germany, makes similar points. And while you are there, read her entry on her experience with the German social workers.

Dana Hanley has a degree in Education and Liberal Arts, with a major in Germanic Languages and Literuatures.  She spent a total of two years living as an exchange student in Germany, including a year in high school and a year of graduate work at the Christian-Albrechts University in Kiel.
Related Tags: homeschooling, Germany, homeschooling in Germany, German embassy

Several cases affecting homeschoolers in Germany have recently made their way into international blogging-news.  As a German major who spent nine years studying the language and two years living there, these cases have attracted my attention and I have done quite a bit of research to try understand what is happening there with homeschooling a little better.  For me, the topic is interesting in its own right because it is closely related to my two most passionate interests:  homeschooling and German language and culture.  I believe it is also important for the homeschooling community as a whole.  I am not an alarmist at heart and do not believe that we here in the US are in any imminent danger of losing our rights as parents to homeschool, but as this column continues, I think you will recognize that many of the same attitudes which allow for the persecution of homeschooling in Germany exist here in the United States. 

A Little Bacground

Currently, there are approximately 500 to 1000 families homeschooling in Germany, mostly for the same reasons we homeschool here.  The Philadelphia School assists approximately 150 families, all of whom homeschool for predominantly religious reasons.  Other families may choose this option for religious, academic or pedagogical reasons, much like the situation in the US.

Germany is a Constitutional federal republic, much like the United States.  The German constitution (link is in German) guarantees the parent the right to direct the upbringing of their children, but also places this right/responsibility under the authority of the state (Article 6).  Education is a right, and the entire education system is under the authority of the separate "Laender" or states (much like here) ( Article 7).This right to an education translates directly into compulsory school attendance.  Homeschooling is illegal in every state, but the states pursue homeschoolers with varying degrees of aggressiveness.  In some states, no more than a fine is possible and is not considered a criminal act.  In these states, homeschooing is basically in the same category as a traffic violation.

Some states are very aggressive and view homeschooiing as a criminal act, with possible criminal consequences, including fines, prison sentences, forced police escorts to school and loss of custody of the children.  Generally, the loss of custody is during the day time hours so that that state can force the children to school, but parents may retain actual physical custody of their children. 

The aggressiveness of the states in pursuing homeschoolers is expected to increase dramatically, now that the legal precedent is clear.  The German constitutional court in Karlsruhe refused to hear the Konrad case, siding with the state that religious objections could not be used to justify opposition to school attendance.  The state is concerned with the development of "parallel societies."

This along with seven other cases had been appealed to the European Court of Human Rights in Strassbourg.  The Konrad case's application was deemed "inadmissable" in September and the Court sided with Germany on every count.  Now, the legal options have been exhausted and the only thing left is to try to work together with communities and officials, without the benefit of a history of homeschooling to point to.

Increased hostility is already apparent in the state of Baden-Wuerttemburg, which I will discuss next time!  Feel free to ask any questions or leave your own thoughts!

For an excellent, more in-depth overview of the situation in Germany, there was a research paper written by a student at the Phillips-University at Marburg.  The document is in English and quite informative.

Dana Hanley has a degree in Education and Germanic Languages from the University of Kansas.  She studied at the Christian-Albrechts University in Kiel, Germany as an exchange student.  She currently homeschools her three children.

Related Tags: homeschooling, Germany, homeschooling in Germany, parental rights

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