Unlawful Teacher Training Prior to Employment in Saxony-Anhalt - Illegitimate premature retirement for educators in Saxony-Anhalt
The Federal Administrative Court (Bundesverwaltungsgericht, BVerwG) in Leipzig has ruled that a regulation requiring teaching staff in Saxony-Anhalt to spend an additional hour per week in the classroom is unlawful.
The regulation, aimed at combating teacher shortages and reducing lesson cancellations, was challenged by two teachers in Saxony-Anhalt. Despite losing in two previous instances, the teachers appealed to the Federal Administrative Court.
The court's decision states that the regulation lacks a sufficient and clearly defined regulatory authorization based on constitutional principles. The court further declared that the introduction of the regulation does not require parliamentary legislation.
The regulation, which increased teaching hours for primary school teachers to 28 hours per week (from 27) and for secondary school and high school teachers to 26 hours per week (from 25), does not apply to teachers aged 62 and above or those employed on a temporary basis.
Financial compensation is provided for the extra hour, which can be compensated for later by time off or, upon request, by a payment. The compensation for the additional hours can be saved on a working time account. Illness-related absences must be considered and credited to the compensation account or paid out for advance hours.
The court ruled that the advance hour is merely a shift in working hours, not an increase or overtime. The state civil service law allows the state government to regulate the distribution of working hours for civil servants, but not to include financial compensation for advance hours.
The court's decision is final, and there are no further appeals. The compensation for the additional hours is to be used from the 2033/34 school year.
The regulation does not affect the current teaching hours for primary school teachers (27 hours per week) and secondary school and high school teachers (25 hours per week). The court's ruling is a significant development in the ongoing debate about teaching hours and teacher shortages in Saxony-Anhalt.
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