School Law

Private schools with public status are subject to strict legal requirements. For school operators, this can present significant regulatory and administrative challenges.
We provide comprehensive advice on rights, obligations, and reporting requirements under the Private School Act (PrivSchG) and other relevant provisions of Austrian school law.

Our services include:

• Compliance advice: Guidance on complying with key legislation, including the Private School Act (PrivSchG), the School Instruction Act (SchUG), the Compulsory Education Act (SchPflG), and the Religious Instruction Act (RUG)
• Reporting and documentation requirements: Assistance with notification and documentation obligations, including the registration of school principals and teachers pursuant to § 5 PrivSchG
• Strategic advice: Support in obtaining and maintaining public status for private schools

If supervisory proceedings are initiated against you as a school operator or private school—for example, in connection with an order to close the school—we provide experienced and reliable legal support.
We represent your interests before the competent school authorities with a clear strategic approach and the necessary discretion.

We represent you in the following proceedings:

• Review of decisions by school supervisory authorities (e.g. Departments of Education)
• Appeal proceedings against decisions of school authorities, including closure orders, before administrative courts, the Administrative Court, and the Constitutional Court
• Advice on regulatory requirements and compliance measures to prevent future conflicts with supervisory authorities

Decisions affecting a student’s academic progress—such as failure to advance to the next grade, non-admission to exams, or failing final examinations—can be highly stressful for students and parents.

Where legal remedies are available, prompt action is essential. Appeals must generally be submitted in writing within a very short timeframe (typically five days).

We represent your interests in appeal proceedings under the School Education Act (SchUG) and advocate for fair and legally compliant decisions.

Appeals and Disciplinary Complaints

Not all school decisions can be challenged by way of appeal. In particular, individual grades are not subject to appeal.

However, in such cases, it may be possible to:

• File a disciplinary complaint against the teacher with the competent authority (Department of Education)

• Demonstrate arbitrary or objectively unjustifiable grading

• Trigger a formal review of whether professional duties have been breached

Where appropriate, this may result in disciplinary measures.

Suspension and Expulsion Proceedings

Suspension or expulsion are the most severe measures under school law, as they interrupt or terminate school attendance.

We support you by:

• Representing your interests in suspension and expulsion proceedings

• Ensuring that all legal requirements are strictly observed

• Working towards a swift and proportionate resolution

School Placement (Allocation to Schools)

School authorities are required to assign students to schools in accordance with statutory criteria, including:

• Distance to school

• Siblings already attending the school

• Available capacity

• Organizational considerations

We represent parents in school placement proceedings and ensure that these legal criteria are properly applied.

Home Schooling

Compulsory education may also be fulfilled through home schooling, subject to strict formal requirements.

• Notification must be submitted before the end of the preceding school year
• Supporting documentation is required
• Late submissions are generally rejected

We assist you in preparing and submitting your application in a timely and complete manner.

• Official Liability (Teacher Misconduct)
• Teachers act in an official capacity when performing their duties. If a teacher causes damage or injury—for example, by breaching their duty of supervision—claims must be directed against the state (official liability).
• Claims must be brought before the civil courts
• Direct claims against the teacher are not permitted
• We advise you on asserting such claims and guide you through the necessary legal steps.

• Revocation of a prohibition on school management following an appeal to the Vienna City School Board, confirmed by a ruling of the Administrative Court (VwGH) of 9 August 2016, Ro 2016/10/0016 → View full ruling
• Revocation of a decision by the Vienna City School Board prohibiting the employment of a biology teacher and remand of the case, pursuant to the ruling of the Federal Administrative Court (BVwG) of 10 February 2016, W224 2111561-1 → View decision
• Revocation of a decision prohibiting the employment of a history teacher and remand to the Vienna City School Board, as determined by the Federal Administrative Court (BVwG) of 10 February 2016, W224 2111279-1 → View decision
• Revocation of a prohibition on operating a school due to alleged deficiencies in teaching materials, as ruled by the Federal Administrative Court (BVwG) on 26 January 2016, W203 2113677-2 → View decision
• Revocation of the exclusion of suspensive effect of an appeal against a prohibition to operate a school, by order of the Federal Administrative Court (BVwG) of 16 September 2015, W203 2113677-1 → View decision
• Revocation of a prohibition to operate a school due to alleged procedural deficiencies in proceedings concerning a complaint by the school principal, by decision of the Federal Administrative Court (BVwG) of 26 August 2015, W203 2107895-1 → View decision