Facts
The complainant, a student, requested the assumption of school fees for attending the football class of the Länggasse school district in Bern. The municipality of Münsingen and the Education Directorate of the Canton of Bern rejected the request, as there were no important reasons for a school location change.
The complainant filed a constitutional complaint with the Federal Court and claimed that the Education Directorate had violated his right to be heard and had decided arbitrarily. He argued that the Education Directorate had applied too strict a standard to the reasons for a school location change and that the promotion of his footballing talent was an important reason for the school location change.
The Education Directorate and the municipality of Münsingen requested the dismissal of the complaint. The Federal Court dismissed the complaint and decided that the Education Directorate had not decided arbitrarily and that the complainant had no right to attend the football class.
Considerations
The Federal Court examined the constitutional complaint and decided that the Education Directorate had not decided arbitrarily. The Education Directorate had found that there were no important reasons for a school location change and that the promotion of the complainant's footballing talent was not an important reason for the school location change.
The Federal Court found that the Education Directorate had not violated the complainant's legally protected interests and that the complaint was to be dismissed. The Court also decided that the Education Directorate was not obliged to allow the complainant to attend the football class, as this was not…