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In Germany: up to €2,500 fine for truancy

Is this a crime, public broadcaster ZDF asks on its website

Aug 23, 2024 10:33 260

In Germany: up to €2,500 fine for truancy  - 1

There can be many and varied reasons for children and young people to make unexcused absences from school. Foundation “Joachim Hertz" has estimated that between five and ten percent of students in Germany regularly miss classes.

Is this a crime, public broadcaster ZDF asks on its website.

According to Kai Henchelmann, a lawyer from Hamburg, a distinction must be made between a punishable crime and behavior that violates the established order. In this particular case, it is precisely the second type of offense that is involved. They do not necessarily have to impose sanctions, although very often this is exactly what happens, says the lawyer, and specifies that whether to impose a fine for truancy must be assessed on a case-by-case basis. In addition, different rules apply in individual provinces, the public media emphasizes.

Fines can reach up to 2,500 euros

„Whoever misses classes once for no reason does not need to fear an immediate fine," Henchelmann told ZDF. A first offense is usually followed by a warning. However, in case of recurrence, fines can be imposed - from 5 to 1000 euros. For example, the one for irresponsible behavior is 500 euros.

If fines don't work, in some provinces it is possible for the child or youth to be forcibly taken to school with the police, the lawyer says.

Here is the size of the fines in the individual states of Germany: up to 1,000 euros in Baden-Württemberg, Bavaria, Hesse, Lower Saxony, North Rhine-Westphalia, Schleswig-Holstein, Saxony-Anhalt and Saarland. In Bremen, students can be fined up to €500 and parents up to €1,000. The maximum fine in Saxony is €1,250, in Rhineland-Palatinate and Thuringia - up to €1,500. The highest fines are in Berlin, Brandenburg and Mecklenburg-Vorpommern - up to 2500 euros.

Up to 3 months of compulsory detention

Expulsion from school can result in frequent truancy - depending on the province and the age of the student, ZDF also points out. Deprivation of parental rights and even involuntary detention are the next levels of sanction for truancy - when parents fail to ensure regular school attendance by their children or do not pay their fines, attorney Henchelman explains. The duration of the detention depends on the amount of the fine due, but the heaviest is three months. Upon payment of the fine, the measure of detention is removed.

Absences from school become more frequent with age - among eighth graders, for example, every second has already run away from school. But when does this actually become a problem, asks ZDF.

Student behavior researcher Heinrich Ricking of the University of Leipzig says two aspects are important, the first of which is frequency. Because - an absence of about ten percent can be very difficult to compensate and prevents successful progress. The second factor is subjective, i.e. it is about the individual answer to the question “How many absences can I afford?". In this regard, the expert says that “good and independent students, such as in high school, can afford to be absent with much less risk than those who have learning problems".

What are the reasons for the absences?

Riking ranks in front of the ZDF and what are the main reasons for the absences:

1. Fear: of having to exert too much effort, of the possibility of not performing well, mobbing.

2. Negligence on the part of parents: the family has no ambitions to progress in education, the young people do not receive enough support, they have already had failures or their attitude towards school is hostile

3. Deterrence: if parents, for example, prevent their children from going to school in order not to show that they are poor students. Or mentally ill parents who want their children to be around and help them.

The absence for “respectable reasons" is allowed

In the state of Schleswig-Holstein, where fines for not attending school can reach 1,000 euros, it is not uncommon for parents to call their children sick so that the family can go on vacation earlier and take a cheaper flight, writes NDR. The problem, the German public-law media points out, is that in most cases the school cannot prove whether the student is really sick or has already gone on vacation.

The NDR also lists in which cases absence is permitted under provincial legislation. The important respectful reasons are, for example, weddings, serious illnesses or rare family gatherings, the local Ministry of Education informs. Among other reasons for excused absences are attending a job interview, actively participating in sports events or competitions.

Bilyana Mihailova (editor)