The temptation is great: why not start your vacation stress-free while other students are still at school? Flight prices are lower and highways are free. Year after year, parents come up with the idea of taking their children out of school early.
The qualified lawyer Katharina Sponholzspecialist in school law in Berlin, explains in an interview with Stiftung Warentest which rules apply to licenses, whether the police are looking for absentees at airports and gives tips on how parents can exempt their children from attending school.
Avoiding traffic jams is not a reason for a license
Can parents take their children out of school before or after the holidays, for example because flights are cheaper or because they want to avoid getting stuck in traffic?
No. School attendance is mandatory and this means that students must be present from the first to the last day of the school year. Exceptions to this are possible in the context of a license. There must be an important reason for this. Cheaper flight prices or the desire to avoid traffic jams are not included.
What would be an important reason?
Why School law is a state issue Each federal state has its own regulations in this regard. The general rule for all federal states is that important reasons usually include events over which neither parents nor children have any influence. These could be, for example, religious celebrations and weddings, but also a funeral. Sports competitions, training camps and shows can also be part of this – as can volunteer work or a spa stay. In certain circumstances, children may also benefit from leave if the trip contributes to their recovery. There is no legal right to a license.
Suppose you travel without taking a vacation before your vacation begins. Are there police checks, for example at the airport?
It turns out that the police are looking for schoolchildren at airports and train stations. I didn’t hear this from the Berlin region, but from southern Germany.
Unjustified absences are recorded on the certificate
And what happens then?
If a child misses class without the school’s consent, this constitutes a violation of mandatory school attendance. Depending on the federal state, this offense can result in fines of between 500 and 2,500 euros. If you want to take action against this, you should seek legal advice.
Within the school, the violation is assessed by the school management and educational measures are taken. For example, whether a warning exists depends on the circumstances of the individual case: Has such a violation occurred? How long was the student absent? Are multiple children in a family affected?
Absences are usually noted on the certificate as “unexcused”. In secondary schools this can become a problem with regards to subsequent training contracts.
What should parents do if they want to grant their children leave?
It is important that they take care of this in a timely manner and openly explain their reasons to the school. In principle, an informal request, a three-line letter containing the child’s name, the dates on which the leave will be granted and the reasons, is sufficient. Some schools offer online forms. Parents must provide evidence that proves the important reason. For example, a certificate from the sports club about a competition.
If a leave of up to three days is necessary, the class management will decide. If the period is longer, parents should contact the school management directly.
What if parents don’t hear from the school?
So this is definitely not a promise. In this case, parents must follow up. It is best if you receive written confirmation that you can present, for example, at a police check.
What will happen if parents simply call their children in sick instead of giving them time off?
The school cannot control whether a child is actually sick. If it happens more frequently that a student is always absent on Mondays or Fridays, for example, or shortly before or after the start of the holidays, schools may request a medical certificate or even a certificate from a school doctor. It is particularly noticeable when parents report the illness of their child who has already requested leave, which was rejected. I would strongly advise against it.
But if a school-aged child got sick, would it be possible to travel?
Yes. If a child is sick, everything can be done to help them recover. Being sick doesn’t mean you have to stay home in bed. Basically, the same rules apply here to employees.
Special rules apply to religious celebrations
What is your tip for getting the school to approve the license?
It is important to involve the school in planning from the beginning. If parents do not constantly request an exemption and their children normally attend classes regularly, there will usually be few problems with the exemption. When it comes to religious celebrations, children aged 14 and over can apply for permits themselves.