Facts
On 12 September 1990, the Federal Office of Social Insurance (OFAS) rejected the application for recognition as a special school in disability insurance submitted by school X, on the grounds that no staff member had sufficient training. On 23 February 1995, school X submitted a new application for recognition as a special school, which was rejected by OFAS on 11 May 1995 for the same reasons. The Federal Department of the Interior (DFI) confirmed this decision on 26 August 1996. School X appealed against this decision, requesting its annulment and recognition as a special school.
The parties involved are school X, OFAS, DFI, and the Federal Insurance Court. The key dates are 12 September 1990, 23 February 1995, 11 May 1995, 26 August 1996, and 22 September 1998.
Considerations
The Federal Insurance Court examined the necessary conditions for recognition of a special school in disability insurance, particularly with regard to staff training. It found that cantonal recognition alone cannot lead to recognition by the federal office, but that cantonal regulations regarding specialized staff training must be taken into account.
The Court also examined the scope of the OFAS circular on recognition of special schools in disability insurance, which sets minimum requirements for staff training. It found that this circular has the value of a simple administrative ordinance and that the judge may deviate from it if it is deemed contrary to the law.
The Court finally admitted…