(1) At public schools, independent schools and institutions of the second chance schools within the meaning of the Schools Act (Schulgesetz) of January 26, 2004 (GVBl. p. 26), as last amended by the Act of July 5, 2022 (GVBl. p. 452), as amended (herein-after: schools), testing shall be compulsory in accordance with the provisions of sub-sections 2 to 4 if the Senate Department responsible for education requires this to prevent the spread of the coronavirus SARS-CoV-2 and to ensure the functioning of the healthcare system or other critical infrastructure.
(2) If the Senate Department responsible for education requires compulsory tests according to subsection 1, pupils are only permitted to participate in face-to-face lessons, other educational events and offers, supervision offers and lunch at school if they undergo an offered test for infection with the SARS-CoV-2 coronavirus and the test result is negative or if they present proof of testing as defined in § 3(1). The Senate Department responsible for education sets the frequency of testing in line with the infection rates. The requirement according to sentence 1 shall also apply to vaccinated and recovered persons as described in § 2 numbers 2 and 4 of the COVID-19 Protective Measures Exemption Ordinance. For pupils who, due to a disability, a comparable impairment or a special educational need, are unable to self-apply a point-of-care (PoC) antigen test even under guidance, proof of the negative result of a performed
point-of-care (PoC) antigen test for self-application can be provided by a self-declaration of the parent/guardian or of the pupils who have reached their majority. In particularly ex-ceptional cases, proof in accordance with sentence 1 may be waived. The decision on the existence of the requirements according to sentence 4 as well as in the cases of sentence 5 shall be made by the school headmaster.
(3) For teachers, other members of the teaching staff and other persons working at the school, subsection 2, sentences 1 to 3 shall apply mutatis mutandis, with the proviso that a point-of-care (PoC) antigen test for self-administration outside the school and without supervision may be taken; in this case, the teacher, member of the teaching staff or other person only has the right to enter the school if there is a negative test result and he/she confirms this in writing or electronically to the headmaster after each test. Adapted to the infection rate, a testing obligation applies to persons who do not belong to the group of persons named in sentence 1 or subsection 2, sen-tence 1; specifications in this regard shall be made by the Senate Department re-sponsible for education.
(4) For participation in examinations, subsections 1 and 2 shall not apply to examinees.
(5) The school shall process the test results and evidence in accordance with subsec-tions 2 and 3 exclusively for the purpose of prevent the spread of the coronavirus SARS-CoV-2; the information shall not be passed on to third parties subject to re-porting obligations in accordance with the Protection against Infection Act. The test result may be kept for four weeks.