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Invalid Schooling NRW Must Pay Compensation to a Senior High School Student
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Nenad M. sits in Cologne in the premises of the badociation "mittendrin eV". Shortly before his 18th birthday, he had with the support of the badociation his move to a professional school durchg … sat
Source: dpa
Eleven years have visited Nenad M. against his will a school for children with intellectual disabilities. Due to poor schooling, he went against the state of North Rhine-Westphalia in court – and was right.
D The state of North Rhine-Westphalia must pay compensation to a former high school student due to years of false schooling. This was decided by the Cologne Regional Court (AZ: 5 O 182/16). Former nursing student Nenad M. reacted relieved to the verdict. "Finally, it is now officially stated that I am not mentally handicapped," said the 21-year-old in Cologne. "Justice has triumphed," said her lawyer Anne Quack. Nenad M. had brought an action for damages against the State of North Rhine-Westphalia with the support of the Parents' Association.
Nenad M. studied for eleven years against his will the specialized schools for mentally handicapped children. Shortly before his 18th birthday, he had imposed his transfer to a vocational school with the support of the Mittendrin Association and had graduated from high school.
The court said that the school should have noticed in the field of mental development. The plaintiff would then have been able to move to another school, where he could have obtained a secondary school certificate in a timely manner, the court said in his not yet final verdict. Students with a specialization in spiritual development can not obtain a secondary school diploma
Not an isolated case
Nenad M. had a loss of income of nearly 40 000 euros for the Land of Rhineland North-Westphalia and compensation for psychological damage of € 20,000 sued.
His attorney argued that Nenad M. was a graduate of a public school at the age of 16. He had been denied by the dramatically deficient schooling in a special school for students with intellectual disabilities, with corresponding consequences for his professional point of view. In addition, his client suffers from poor schooling in post-traumatic stress disorder.
The district court wants to determine the amount of compensation until the judgment is final. However, Quadt said that she was waiting for the country to appeal. The Ministry of Schools of North Rhine-Westphalia announced that it would carefully evaluate the verdict.
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The Association stated that Nenad's story is not an isolated case. The President, Eva-Maria Thoms, invited Yvonne Gebauer (FDP), Minister of Schools of North Rhine-Westphalia, to look into special schools for other cases. The case of Nenad M. has tested all the special educational diagnosis. Apparently, it is not guaranteed that the false reports are recognized and that the incorrect clbadifications of the students are corrected.
Sigrid Beer, political spokesman for the schools of the Greens parliamentary group, evaluated the verdict as a signal to the minister of the Gebauer School. "The ministry needs to make sure that there are no other cases in the special schools that underlie such a diagnostic error," she said.
Nenad M. said that he had tried again and again to convince his teachers that he is allowed to attend a regular school. An intelligence test, initiated by his lawyer, has shown that he is normally gifted. According to the badociation, he graduated high school with the highest grades.
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