Facts
The case concerns a student (X.) with a severe central auditory processing disorder, who had difficulties following the lessons since his first school year. The cantonal Office for Public Schools and Sports initially rejected the application for internal special education and instead ordered an inclusive solution with special education measures. X. then filed a complaint, which was partially upheld by the Administrative Court of the Canton of Schwyz.
X. subsequently filed a public law appeal with the Federal Supreme Court, requesting to be assigned to an internal special education. However, the Federal Supreme Court dismissed the appeal.
Considerations
The Federal Supreme Court stated that in the field of special education, the cantons have considerable discretion. The minimum federal legal requirements only demand an appropriate, experientially sufficient educational offer in public schools, but not the optimal or most suitable education of a child.
While there is a general priority of integrated over separate special education, the lower instance was able to conclude without arbitrariness that the integrated special education in the regular school through disability-adapted measures was at least equivalent to a separate special education in an external institution.
The Federal Supreme Court further stated that, with regard to the limited state performance capacity, disabled children, like non-disabled children, are only entitled to sufficient, but not ideal or optimal education. Equal treatment requires that the disabled are not granted more than what is required for them, if the non-disabled only receive what is required for them.
Therefo…