Facts
The parents of [F.X.] , a student in the 1st primary school class, filed a complaint against the decision of the Regional School Supervisory Authority [E.] to assign their daughter from the school building "[G.] " to the more distant school building "[H.] ". The [X.] family argued that the school commute of at least 40 minutes was unreasonable for a first-grade child, especially compared to the previous school commute of 20 minutes.
The School Board [C.] had justified the assignment on the grounds that due to declining student numbers, only three instead of four 1st primary school classes could be maintained. In order to keep the class sizes as balanced as possible, it was decided to assign a group of seven children from the western area of the school district "[G.] " to a 1st class in the school building "[H.] ". School bus transportation was assured for these children.
Considerations
The Federal Court dismissed the complaint. It stated that a school commute of 40 minutes, 15 minutes of which are on foot and the rest by school bus, is at the upper limit of what is reasonable for a first-grader, but cannot be considered unreasonable within the meaning of Art. 19 of the Federal Constitution (right to sufficient and free primary education).
The Federal Court also saw no violation of Art. 11 of the Federal Constitution (right to promotion of children and young…