Facts
The case concerns a student, K., born in 1977, who suffers from several birth defects, including club feet and peripheral dyslalia with Moebius syndrome. The disability insurance took charge of medical measures and allocated contributions for educational and therapeutic measures. The student attended primary school for five years, then joined the Freie Evangelische Schule Zürich in 1990. The student's parents requested contributions for the school years 1990/91 and 1991/92, but the education department of the canton of Zurich rejected the request, arguing that the school did not have the necessary qualifications to be recognized as a special school.
The parents appealed against this decision, but the government of the canton of Zurich rejected their appeal. The parents then referred the matter to the Federal Insurance Court, requesting that the Freie Evangelische Schule Zürich be recognized as a special school for the school years 1990/91 and 1991/92.
Considerations
1. Introduction
The Federal Insurance Court examined the question of whether the Freie Evangelische Schule Zürich could be recognized as a special school for the school years 1990/91 and 1991/92. The InvIA and its implementing regulation InvIO provide specific conditions for the recognition of special schools.
2. Recognition conditions
Recognition of a special school requires that the school meet certain conditions, including that teachers have the necessary qualifications to teach disabled students. The SZV (Ordinance on the recognition of special schools in disability insurance) provides that teachers must have appropriate training and experience to teach disabled students.
3. Examination of the facts
The Federal Insurance Court examined the files of the teachers who taught…