3.2 Social Hildesheim Court Judgement of 30.09.2010 - S 26 AS 578/07 - Appeal allowed
The acquisition the cost of several-day school trips to the exclusion of a needy student in the event of his non-participation prevent (see Federal Administrative Court, Judgement of 9 February 1995, - 5 C 2 / 93 - see also LSG Niedersachsen-Bremen, the order of 3 July 2008 - L 13 AS 20/06 -).
According to § 23 para 3 sentence 1 No. 3 SGB II services for overnight class trips during the school regulations not of the standard benefit includes . They are provided separately, § 23 para 3 sentence 2 SGB II is the concept of "class trip in the school regulations" within the meaning of § 23 para 3 sentence 1 No. 3 SGB II must be interpreted according to national law school laws (BSG , Judgement of 13 November 2008 - B 14 AS 36/07 R [. para 15]). It can be used as a generic term also hiking days, study tours, including school trip (see LSG Mecklenburg-Vorpommern, Judgement of 25 September 2008, - L 8 AS 38/08 - [JURIS Point 37.] Lower Saxony's Schools Act (NSchG) of 3. March 1998 in from 01/01/2007 to 07/31/2007 as amended, contains no definition of the concept of "class trip." Only in § § 71 para 1 sentence 2, 113 para 4 NSchG concerning the equipment duty, education authorities and the associated material costs will be, "school trips" ever mentioned, but not elsewhere according to features. To differentiate, however, can also Circular of the Lower Saxony Ministry of Culture of 10 be (82 021, SVBL p. 38 - - 35.) used January 2006. This describes to No. 1 sentence 1 school trips as school events that defined educational objectives, this also included student exchange trips and school trip.
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