Facts
On January 12, 2022, the Grand Council of the Canton of Thurgau voted to amend the School Act, introducing pre-school language support for children who complete their third year of age by July 31 of the respective year and have a need for language support. Parents are obliged to participate in the assessment of the need for support and the implementation of the pre-school language support. Furthermore, the school districts can demand income-dependent contributions of up to 800 Swiss francs per year from the parents.
A., B. and C. filed a public law appeal with the Federal Supreme Court, requesting the annulment of the provisions on cost-sharing by parents, as they are not compatible with the constitutional right to free basic education.
Considerations
The Federal Supreme Court upheld the appeal. It stated that with the legislative proposal on pre-school language support, the Canton of Thurgau is introducing compulsory schooling and extending the school obligation to all children who complete their third year of age by July 31 of the respective year. Consequently, the pre-school language support falls within the scope of Article 19 of the Federal Constitution, which guarantees the right to sufficient and free basic education.
The Federal Supreme Court held that the right to free education also covers the necessary additional instruction, such as language courses.…