Facts
The appellant, [A.A.] , is the father of [B.A.] , who did not pass the entrance examination for the gymnasium at the Kantonsschule Burggraben in St. Gallen. [B.A.] suffers from visuomotor difficulties, which make it difficult for him to put his thoughts on paper. The father had requested before the examination that [B.A.] be allowed to take the examination on a computer, which was rejected. The appellant lodged a complaint with the Administrative Court of the Canton of St. Gallen, which dismissed the complaint. The appellant then filed a complaint with the Federal Court.
The Kantonsschule Burggraben St. Gallen is a state school, and the entrance examination for the gymnasium is a formal examination that must be taken by all applicants. [B.A.] had taken the examination from 10 to 12 March 2014 and achieved a total score of 14.0, which was not sufficient to pass the examination.
Considerations
The Federal Court has upheld the complaint and overturned the decision of the Administrative Court. The court has found that [B.A.] has a disability within the meaning of Art. 2 para. 1 of the DDA and is therefore entitled to compensation for disadvantages in the entrance examination.
The court has further found that the Kantonsschule Burggraben St. Gallen did not provide [B.A.] with the necessary support by refusing to make a computer available to him as a writing aid. This constitutes an inadmissible discrimination within the meaning of Art. 8 para. 2 of the Cst. and Art. 2 para. 2 DDA.
The…