Hi,
we are currently planning our house construction (hopefully starting in July or August) and have a small issue. Our child will start school this September, but unfortunately not at our future residence, rather 30 km (18.6 miles) away at our current address. We would like to avoid this and, if possible, have the child enrolled at the future residence right away. Applications regarding this have so far been unsuccessful and were all rejected.
Assuming we start construction in July or August, from when would it be possible to change the official address?
According to the law, the house must be habitable, which, according to the Bavarian building regulations, means:
“A building may only be used when it itself, access roads, water supply and wastewater disposal, as well as communal facilities, are safely usable to the necessary extent, but not before the time specified in sentence 1.”
However, inquiries with the residents’ registration office showed that they are not very strict about this (they basically said we should just proceed, as no one checks this closely, especially since it’s just a matter of a few months).
What are your experiences? How have you handled this? Feel free to PM.
we are currently planning our house construction (hopefully starting in July or August) and have a small issue. Our child will start school this September, but unfortunately not at our future residence, rather 30 km (18.6 miles) away at our current address. We would like to avoid this and, if possible, have the child enrolled at the future residence right away. Applications regarding this have so far been unsuccessful and were all rejected.
Assuming we start construction in July or August, from when would it be possible to change the official address?
According to the law, the house must be habitable, which, according to the Bavarian building regulations, means:
“A building may only be used when it itself, access roads, water supply and wastewater disposal, as well as communal facilities, are safely usable to the necessary extent, but not before the time specified in sentence 1.”
However, inquiries with the residents’ registration office showed that they are not very strict about this (they basically said we should just proceed, as no one checks this closely, especially since it’s just a matter of a few months).
What are your experiences? How have you handled this? Feel free to PM.
Computersylvia schrieb:
Please try searching for the terms "parental right," "education law," and the name of your federal state. If you find relevant information, write to the school authority with a copy to the officially responsible school stating that it is your declared parental right for your child to be enrolled at the school near your place of residence. Also explain that you already work there and that your child has attended kindergarten there. You further commit to ensuring that no absences due to reasons other than illness will occur.
The receiving school has confirmed that there is a place available for the child.
If this is not possible, your child will stay at home until you move. However, this is something you want to avoid at all costs.
Important: Write the letter in a very polite but clear manner and send it by registered mail with a return receipt.
You will very quickly be invited for a meeting at the school authority where you should calmly but firmly reiterate your position and not allow yourself to be persuaded otherwise.
Your arguments must be repeated persistently, almost like a mantra.
And use the phrase "our declared parental right" in every second sentence.
So far, this approach has always worked.
Important: Be very polite but firm in your stance. We had already filed an objection and ended up at the school authority. They advised us to withdraw the application because we have no chance and it would incur some costs.
Do you have any experience with this issue?
Umbau-Susi23 Apr 2016 21:42Have you received an official appealable decision on this, or was it just verbally communicated to you? What does your school law (which varies by region) say about parental rights?
I believe so. We received notification from the local authority. We filed an objection, and the matter was then referred to the school board. They also issued a decision, followed by a phone call with the head of the school board. He said there was no chance of success and that we would face significant costs if we pursued it. He advised us to withdraw the objection. We did so.
Good question. A search for "parental rights" on the website of the Bavarian State Ministry returned no results.
What does your education law (a state matter) say about parental rights?
Good question. A search for "parental rights" on the website of the Bavarian State Ministry returned no results.
Umbau-Susi23 Apr 2016 22:37That settles the matter. You have waived any further options, including legal action.
In Bavaria, according to the education law, parents do not have an unrestricted right to choose the primary school for their child.
This is different in other federal states.
In Bavaria, according to the education law, parents do not have an unrestricted right to choose the primary school for their child.
This is different in other federal states.
H
HilfeHilfe25 Apr 2016 07:11I would have waited, sorry but what other costs are there besides the legal fees?
At least I would have looked at the response and then decided. Now it’s probably over.
At least I would have looked at the response and then decided. Now it’s probably over.
B
Bieber081525 Apr 2016 07:36Stemi schrieb:
We are currently planning our house construction (hopefully starting July or August) and have a small problem.
Our child will start school this September – but unfortunately not at our future residence, rather 30 km (about 19 miles) away from it (current place of residence) We are in a similar situation and were lucky – our application was approved so our child could attend school near where they will soon live. In our case, the distance was only 5 km (about 3 miles), not 30 km (about 19 miles).
I’ll try to offer some counterarguments:
- You will likely need a whole school year before moving in, not just a few weeks or months.
- A 30 km (about 19 miles) one-way commute to elementary school is, in my opinion, quite far; I would avoid that.
- Changing schools after the first school year is not a disaster; life goes on, and children in that situation make friends and grow up just fine.