The Higher Regional Court in Frankfurt am Main ruled that a private school is not obligated to continue educating a student who has accumulated substantial unexcused absences. The court clarified on Tuesday that a compulsory contractual obligation only exists if the refusal of a new school contract would be arbitrary.
In the specific case reviewed, a 17-year-old student attended an English-language private school, with contracts signed only annually. When the school formally requested that the student’s parents apply for the upcoming academic year in the spring of 2025, they failed to do so within the deadline. Furthermore, in addition to excused absences, the student had significant unexcused absences. The school subsequently refused to sign a new contract.
Although the Frankfurt District Court had previously compelled the school to continue providing instruction via an emergency procedure, the Higher Regional Court has now overturned that ruling. The judges stated that the school did not act arbitrarily in its decision. The excessive unexcused absences raised questions regarding the student’s readiness to learn and created a significant organizational burden for the school. The parents’ hesitant behavior, which allowed application deadlines to pass, also justified the refusal. Moreover, the school demonstrated lasting goodwill by granting the student re-examination opportunities. This decision is final and cannot be appealed.
