Facts

The highly gifted student [X.] initially attended the Cantonal School Freudenberg, but then had to switch to the Children's Ward Brüschhalde due to difficulties in adapting. There, he was diagnosed with giftedness with pronounced mathematical talent, but also an adjustment disorder with mixed disturbance of emotions and social behavior, as well as atypical autism. Thereupon, the School Board of Thalwil ordered special education for [X.] at the Learning Studio [Y.] and covered the costs for the 2010/2011 school year. For the 2011/2012 school year, the school again approved cost coverage for the special education, but without covering the costs for Latin lessons. [X.] filed legal remedies against both rulings, as he demanded a grammar school education in a small class or with additional support hours.

Considerations

The Federal Supreme Court states that the appeal in public law matters is admissible, as it is not about a pure performance assessment, but about an alleged claim to state school services due to a disability. However, the appeal does not meet the requirements for justification in order to demonstrate an arbitrary application of cantonal administrative procedural law by the lower courts. The Federal Supreme Court also sees no arbitrariness in the assumption that the current interest in the treatment of the appeal against the ruling for the 2010/2011 school year has lapsed, as the same questions could have…