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Threatened Land Legal Action by Municipalities in NRW

Municipalities Balk at Covering Expansion Costs for Full-Day Primary School Care; Legal Actions Potentially Jeopardize State

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Local Governments Resist Financing Extended School Day Care Expansion; Possible Lawsuits Foreseen...
Local Governments Resist Financing Extended School Day Care Expansion; Possible Lawsuits Foreseen Versus State Authorities.

16.06.2025, 11:50 AM

School Full-Day Care Expansion Sparks Legal Controversy in North Rhine-Westphalia (NRW)

By Ben

The "legal right to a full-day place" in primary schools, scheduled to kick off nationwide in summer 2026, has got the NRW state's attention. Düsseldorf's mayor, Stephan Keller (CDU), along with other municipalities, is weighing up legal options regarding the costs of expanding full-day care.

Düsseldorf Needs to Construct Three New Schools

The aim is for parents to have peace of mind knowing their children are cared for at primary schools all day. However, Düsseldorf's mayor Keller predicts that his city will need to construct, extend, or renovate 72 out of 94 primary schools - even rebuilding three schools. This extensive work, estimated to cost approximately 200 million euros, may not be solely the responsibility of the municipalities.

  • *Full-day places still depend on place of residence | more

Keller poses the question, "Should municipalities foot the bill for these expenses?" Alongside other municipalities and the NRW Municipal Association, he is examining possible legal avenues. The concern is that the state is violating the principle of congruence—i.e., instead of the federal government demanding the full-day claim, and the states being responsible for implementation, the states should also bear the costs, according to Keller. The current subsidies appear insufficient.

NRW Municipal Association Demands More Cash and a Law

The NRW Municipal Association corroborates its active engagement with the issue. In collaboration with various municipalities of varying sizes, they are investigating legal possibilities. Similar to Keller, the Municipal Association insists that the state drastically increase subsidies for the expansion of primary school full-day care and incorporate the full-day claim into the school law. As of now, only decrees are being used, which is deemed insufficient for the matter.

Municipalities might take these legal steps to provide full-day care in primary schools:

  1. Challenge State Decisions in Administrative Courts: Municipalities can sue the state to review the legality of their decisions affecting municipal finances.
  2. Petition the Federal Constitutional Court: If municipalities believe their constitutional rights are being infringed upon, they can petition the Federal Constitutional Court.
  3. Seek Financial Compensation: Municipalities could seek financial compensation if they can substantiate that the state has imposed unnecessary financial burdens without providing adequate funding.
  4. Join State-Funded Programs or Grants: Exploring available state-funded programs or grants that could cover full-day care expansion costs is another option.
  5. Form Coalitions and Lobby: Building alliances with other municipalities to lobby for policy changes or additional funding could prove effective.

It remains to be seen whether the state will respond to the growing concerns regarding the costs associated with the expansion of primary school full-day care.

  • Full-day school: NRW waives law | more
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  1. The legal action being considered by Düsseldorf's mayor, Stephan Keller, and other municipalities, along with the NRW Municipal Association, includes challenging the state's decisions in administrative courts regarding the costs of expanding full-day care in primary schools.
  2. In response to the financial burdens imposed by the expansion of full-day care in primary schools, municipalities are investigating legal avenues to potentially seek financial compensation from the state or join state-funded programs or grants that could cover the costs.

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