Services

SERVICES

Educational Law

In the context of our regular interventions in public law/administrative affairs we have been frequently consulted in complex regulatory proceedings in the field of educational law. Some of these resulted from our permanent representation of a private school with official recognition. We may assist with all compliance issues of an operating educational institution like organizational issues, changes in status, notifications of the principals and teachers of private schools as well as response to orders by supervisory bodies.

  • Compliance for school operators

    We are well aware of the sensibility of educational law, especially with regards to schools, for the upgrowth of our youth. The strict and in regulation of our educational system may seem burdensome to school operators. On the other hand, the meaning of the rule of law becomes and is sensitive and politically delicate field of education. We assist private school operators in all matters regarding compliance, i.e. ensure compliance with the legislation on education in private schools (Austrian Private School Act), the School Teaching Act, the Compulsory Schooling Act, the Code on Religious Instructions in Education etc.

    We inform you comprehensively on the rights and duties and legal framework of school operation and support you in administrative affairs like legal obligations of notification and documentation (e.g. notification of the school principal and teachers according to § 5 Private School Act). We will gladly give our advise in strategic questions (organizational statute, official recognition, aptitude for compliance with obligatory schooling).

  • Regulatory proceedings before regional School Boards

    In case of the initiation of supervisory proceedings against you as a school operator, for instance an order banning the operation, we help you in challenging the decision report as supervisory body before the competent administrative courts. We will represent your interests before the school board with the requisite insistence and confidentiality.

    Further, we may assist you in legal remedies against decisions of the supervisory bodies, represent you before the Administrative Courts as well as the Supreme Administrative Court and the Constitutional Court.

  • Teachers‘ public services law

    We are familiar with the public services law relevant for teachers. We may assist in revising decisions about appointments of principles and teachers for you as school operator or as affected teacher. Further, we offer our services with regards to the removal from office, the assignment of teachers as so-called „living subsidies“ etc.

    On request, we may offer in-depth advise on special aspects of educational law. We have been legally representing students in contesting a school‘s decision to bar them from ascending to the next form in a so-called objection proceeding according to the School Teaching Act.

    We closely follow the development of legislation in the field of educational law. We regularly increase our knowledge and keep informed on the latest updates and future developments in Austrian educational law.

    Contact us if you are in demand of legal counsel with regards to Austrian educational legislation, be it with regards to private schools or public services law applicable for teachers!

Successes:

  • Suspension of the decision by the Vienna School Board to ban the operation of a private school following an appeal filed by the Vienna School Board. Austrian Supreme Administrative Court decision VwGH 9.8.2016, Ro 2016/10/0016 => Court decision
  • suspension of the decision by the Vienna school board to prohibit the employment of a biology teacher, order of additional investigations by the Vienna School Board. Decision of the Federal Administrative Court BVwG 10.2.2016, W224 2111561-1 => Court decision
  • suspension of the decision by the Vienna school board to prohibit the employment of a history teacher, order of additional investigations by the Vienna School Board. Decision of the Federal Administrative Court, BVwG 10.2.2016, W224 2111279-1 => Court decision
  • suspension of the decision by the Vienna School Board to ban the operation of the school due to concerns with regards to the teaching material provided by the school operator. Decision of the Federal Administrative Court BVwG 26.01.2016, W203 2113677-2 => Court decision
  • suspension of a decision excluding the suspensive effect of an appeal against a decision of the Vienna School Board. Federal Administrative Court BVwG 16.9.2015, W203 2113677-1 => Court decision
  • suspension of a decision by the Vienna School Board to ban the operation of a school due to alleged formal defects in the notification of the school principal. Decision of the Federal Administrative Court BVwG 26.8.2015, W203 2107895-1  => Court decision

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