Facts
A.X., residing in Udligenswil/LU, attended the first grade of the lower secondary school at the Cantonal School of Lucerne in the academic year 2004/2005. The costs for the bus pass amounted to CHF 612.-, of which the municipality of Udligenswil covered CHF 320.-. A.X. applied for the assumption of the remaining amount of CHF 292.- by the Canton of Lucerne, which was, however, rejected. Against this decision, A.X. filed an administrative court appeal and a constitutional appeal.Considerations
The Federal Court concludes that the right to free basic education under Art. 19 and Art. 62 para. 2 of the Federal Constitution cannot generally be extended to instruction at lower secondary schools. The guarantee of free school education is therefore limited to instruction at public schools (primary, secondary modern, and secondary schools) during the compulsory school period.
The Federal Court considers the distinction between public schools and lower secondary schools as justified, as the latter, as advanced schools, go beyond the basic school curriculum and are oriented towards the Matura (university entrance qualification). Therefore, there is no…