Facts
X. (born on ... 1996) has been severely disabled since birth (spastic cerebral palsy, tetrasparesis with bilateral schizencephaly, macrocephaly) and suffers from developmental delay. Both the School Board C. and the School Board D. refused to enroll him in the introductory class in D. or to assign him there, as his disability was considered too severe, requiring special education. The two complaints filed against this decision were rejected by the Directorate of Education of the Canton of Glarus on January 21, 2004. The Administrative Court of the Canton of Glarus confirmed this decision on June 29, 2004.
Considerations
The Federal Supreme Court does not see the rejection of enrollment in the regular school as a violation of the right to adequate and free primary education under Art. 19 of the Federal Constitution. The cantons have considerable discretion in regulating the primary school system, as long as the education is appropriate and suitable for the individual. The non-admission of the complainant to the introductory class does not constitute discrimination within the meaning of Art. 8 para. 2 of the Federal…