Facts
M.X., born in 1984, attended the third secondary school class at the Lindenhof Upper School in Wil/SG in the fall of 2000. In the late evening of October 2, 2000, there was an altercation between M.X. and the school caretaker team, during which M.X. violently struck the caretaker team in the face. As a result, the juvenile prosecutor's office initiated criminal proceedings against M.X. for simple assault.
The President of the School Board of the City of Wil excluded M.X. from attending school from October 23, 2000 until the conclusion of the criminal proceedings. On April 27, 2001, the School Board ordered the definitive expulsion of M.X. from school for disciplinary reasons. M.X. appealed this decision, but was rejected by the District School Board and the Education Council of the Canton of St. Gallen.
Considerations
The Federal Supreme Court examines whether the school expulsion meets the requirements of Art. 19 and Art. 36 of the Federal Constitution. It finds that M.X. is generally entitled to free attendance of the public school until the completion of the third secondary school class, but this entitlement can be restricted under the conditions of Art. 36 of the Federal Constitution.
The public interest in an…