A student who arrives at school without a protective mask or bandage covering the mouth and nose area cannot be permanently expelled from school or exempt from attending classes, – ruled by the Supreme Administrative Court of Hamburg (OVG).
The requirement to wear masks in schools is legal. It is undeniable. However, at present there is no legal basis for a long-term or absolute exclusion of a student from full-time classroom studies. Thus, OVG opposed the decision of the Hamburg Administrative Court. The decision is final.
The obligation to wear face masks in schools under the Coronavirus Fighting Ordinance is a proportionate interference with students’ fundamental rights, OVG said. However, there is no legal basis for “indefinite exclusion from the learning process” of a student who refuses to comply with the requirement to wear a mask. Neither the Coronavirus Fighting Ordinance nor the School Regulatory Act give the appropriate powers.
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