Question juridique clé
Whether B.'s condition qualifies as a disability under § 37quater VSG giving rise to a right to an integrated schooling option in a regular class.
Solution extraite
Yes. The decisive factor is a disability-related impairment that prevents following regular instruction; the origin and type of the disability are generally irrelevant.
Motifs extraits
The court relied on the legislative intent of the revised Volksschulgesetz and on the expert evidence, which showed an average-intelligent pupil whose school difficulties stemmed from POS/ADHS and related impairments, not from lack of ability.