Facts
The appellant, [A.A.] , a boy born in 2008, attended the primary school in his place of residence in [V.] (Canton of Aargau). At the beginning of the 2017/2018 school year, he switched to the private school [X.] in [U.] (Canton of Basel-Landschaft) at the initiative of his parents. The appellant suffers from a serious social impairment and has above-average cognitive potential. The appellant's parents requested the school psychological service to clarify the need for special education. The school psychological service recommended separate special education in a day special school. The school board [V.] assigned the appellant to the private school [X.] from May 2018 until the end of the 2017/2018 school year and from the 2018/2019 school year to the day special school of the children's home [T.] . The school council of the district [P.] lifted the decision of the school board [V.] and assigned the appellant to the private school [X.] as requested. The government council of the Canton of Aargau lifted the decision of the school council and referred the appellant to the administrative court of the Canton of Aargau for clarification of any potential compensation for the costs of attending the private school [X.] .
The administrative court of the Canton of Aargau lifted the government council's decision and assigned the appellant to the private school [X.] from May 2018 until the end of the 2017/2018 school year. The administrative court did not make any further assignments. The appellant appealed to the Federal Court with a complaint in public law matters and requested that he be assigned to the private school [X.] from May 2018 and until further notice. Alternatively, the procedure was to be returned to the lower court and the lower court was to be instructed to consider the alternative application for assignment to an (other) appropriate special school submitted in the administrative court appeal.
Considerations
The Federal Court examined the admissibility of the complaint and came to the conclusion that the complaint in public law matters is admissible. The appellant is particularly affected in his protected interests by the contested judgment and is therefore entitled to appeal.
The Federal Court applied the law ex officio and examined the complaint of violation of federal law. The appellant argued that the school board has the duty to find an appropriate free special school tailored to his individual abilities and personality development. The lower court considered that the private school [X.] is not a special school and that the assignment to an extracantonal special school lacks a legal basis in cantonal law.
The Federal Court came to the conclusion that the lower court rightly did not assign the appellant to the (extracantonal) private school [X.] for the 2018/2019 school year and until further notice. The claim to sufficient and free primary education includes the necessary…