Facts
School X, a special school for specific cases, submitted an application for recognition as a special school in disability insurance. This application was rejected by the Federal Office for Social Insurance (OFAS) on 12 September 1990, on the grounds that no member of the school's staff had a recognized teacher training or a training in curative pedagogy based on the general teaching certificate.
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. School X filed an administrative appeal against this decision, seeking annulment of this second decision and recognition as a special school.
Considerations
The OFAS decision was made in application of art. 10 al. 1 SNSO, which governs the conditions for recognition of special schools. School X appealed to the Federal Insurance Court, but the question arises as to whether the direct appeal to the Federal Insurance Court is open in this case.
Case law has deduced from art. 203 OASIO that OFAS decisions on subsidies could be directly appealed to the Federal Insurance Court. However, the entry into force of the federal law on financial aid and compensation modified this procedural regime with regard to subsidies. Art. 35 al. 1 SubA provides that decisions in this area may be subject to an appeal in accordance with the general provisions of federal administrative procedure.
The decision to recognize a special school does not fall under the law on subsidies, but rather under the law on disability insurance.…