School association: effeltrich’s mayor negotiates inheritance contract

Membership in the baiersdorf school association has long been a highly controversial issue in the municipality of effeltrich: in spring 2015, the municipal council had already instructed the administration to examine steps to withdraw from the school association.
It was feared that the effeltricher pupils attending the middle school in baiersdorf were distributed to erlangen schools if baiersdorf was unable to offer certain chosen subjects.
The high amount of the school association levy to be paid was also a cause for concern: depending on the number of effeltrich schoolchildren attending the baiersdorf school, the community had to pay 4000 to 4500 euro per capita per year. In the meantime, however, it has become clear that the fears regarding the distribution of the children from effeltrich among the schools in erlangen were unfounded.

3500 euro per head

Thanks to the efforts and negotiating skills of the mayors of effeltrich and poxdorf, a reduction in the rent for the school and gymnasium in baiersdorf was also achieved, so that the school association levy for effeltrich is currently around 3500 euros per capita per year.
With regard to the desired withdrawal of the municipality from the school association, consultations with various lawyers as well as with the municipal supervisory authority of the district office forchheim have shown that a withdrawal is not possible at all. An action for norm control before the bavarian administrative court against the ordinance on the formation of the school association would only have been possible within one year of the publication of the legal provision.
This period has long expired. If the municipality of effeltrich persists in withdrawing from the school association, it will have no choice but to file a popular complaint with the bavarian constitutional court. The court then had to determine whether there had been a violation of fundamental rights in this case. As an alternative to this costly procedure with an uncertain outcome, mayor kathrin heimann (DEL) proposed further negotiations with the representatives of the owners’ association in the school association.

Increased value

Baiersdorf, mohrendorf and bubenreuth as owners of the middle school have offered co-ownership to the other school association members effeltrich, poxdorf, langensendelbach and marloffstein.
In the last 30 years, the value of the school property has increased enormously; moreover, it is foreseeable that the secondary school will have to be extensively renovated in the next few years, so that further costs will be incurred for the owners. Therefore, kathrin heimann is seeking a hereditary lease agreement: the ownership would only apply to the building, but not to the land.
She wants to have the renovation costs estimated by experts and include them in the contract negotiations. This also applies to the question of what repayments the landowners would have to make to the lessees in the event of the school association being dissolved.
Despite their reservations about the school association, the councilors signaled their agreement for heimann to move forward with negotiations on co-ownership by inheritance contract at the next school association meeting.

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