Reduction of Special Teaching Lessons and Communal Autonomy

Facts

The municipality of Muri near Bern filed a constitutional complaint against the decision of the Government Council of the Canton of Bern, which confirmed the ruling of the Education Directorate to gradually reduce special teaching in the municipality of Muri to a quota of 0.062373 lessons per student by the end of the 2001/02 school year. The municipality of Muri claimed that the Education Directorate and the Government Council had violated their autonomy in the area of special teaching.

The Education Directorate of the Canton of Bern issued guidelines and principles for special teaching in kindergarten and primary school on March 24, 1997, which aimed to achieve a certain balance of special teaching in the individual municipalities and established a quota for special teaching. The regional school inspectorate Bern-Mittelland commissioned a consultant to investigate the overestimated special teaching in the municipality of Muri.

The municipality of Muri was required by the contested decision to restrict special teaching and reduce the number of lessons. The municipality of Muri was affected in its capacity as a holder of sovereign power and was therefore entitled to file an autonomy complaint.

Considerations

The Federal Court examined whether the municipality of Muri has autonomy in the area of special teaching. It found that the municipalities are entitled to decide on the introduction and abolition of special teaching pursuant to Art. 47 para. 1 PESA and that the Education Directorate may issue guidelines pursuant to Art. 47 para. 2 PESA. The Federal Court concluded that the municipalities have autonomy in the area of special teaching, as they are entitled to make decisions on special teaching and have a significant scope of action.

The Federal Court also examined whether the restriction of special teaching by the Education Directorate and the Government Council was arbitrary. It found that the primary school legislation does not contain explicit provisions on the motives for such quantitative restrictions, but that restrictions must be within the framework of the general educational mandate. The Federal Court concluded that the restriction of special teaching was not arbitrary.

The Federal…