The boy had problems concentrating and social interaction at school. During the summer of 2017, an investigation was carried out which showed that the student was entitled to special support.
But the school did not take any measures, there was neither an adapted study course nor teaching in a smaller group. In the spring of 2018, the school learned that the boy had been diagnosed with autism. A few weeks later he changed schools. In the same year, the School Inspectorate criticized the school for breaking the school law when the student did not receive the extra support.
Far-reaching requirements in the law
The boy and his family went ahead and sued the municipality. The district court and the court of appeal dismissed the claim, but now he is right in the High Court, which states that he was discriminated against.
HD says that there are far-reaching requirements in the School Act that the school must investigate the student’s support needs and that the necessary support must be provided. According to the law, a diagnosis is also not needed for the student who needs support to receive it.
Missed out on teaching
In this case, the school had concluded that the boy needed support, but he did not receive it. He thus missed out on large parts of his education during that time and he will therefore receive compensation from the municipality.
– The tears are coming now, says the boy’s mother.
– I think this means that schools and primary school administrations have to do more to make it better for children with disabilities.