Undercoversubway trips for primary school children are deemed acceptable by the court
In a significant decision, the Administrative Court of Dresden has ruled that a seven-year-old primary school child from the spa town of Rathen must use the S-Bahn train for his school commute to the primary school in nearby Königstein. This ruling provides a tailwind for municipalities and county administrations to discontinue costly special transport services.
The Saxon Switzerland-Osterzgebirge district had canceled the special school bus offer for the 2025/2026 school year, a decision upheld by the court. The parents had argued that the route was too dangerous for a second-grader due to passing freight trains, drivers with little consideration, occasional track work, and rail replacement traffic. However, the court's decision highlights the importance of a careful, documented risk assessment when it comes to school transport.
The judges, basing their decision on the objective criteria of the school transport regulations, concluded that the use of public transport is reasonable for children in the 2nd grade. The parents are free to practice the route with their son, and the county had the school route checked several times by experts, who found no particular dangers. All footpaths are lit, railway crossings are guarded or underpassed, and the way to the pedestrian crossing of the B172 in Königstein leads through a traffic-calmed alley.
In a separate case, a county in Hesse must pay 23,000 euros in lost wages due to not offering a nearby Kita place in time despite the existing legal claim. The parents have two weeks to appeal the ruling at the Saxon Higher Administrative Court (Az. 5 L 845/25). No new facts about warning notices in city libraries were provided in the current paragraph.
As a result, a seven-year-old primary school student from Rathen will travel to school by S-Bahn in the future. This decision underscores the court's commitment to upholding the school transport regulations and encourages local authorities to reconsider their special transport offerings, ensuring a more cost-effective and sustainable approach to school transportation.
