Restrictions excluded eligible pupils
The judgment addressed exclusion based on the type of disability and on care-level thresholds for pupils with physical disabilities. It also concerned assistance during lessons, school events, trips and free periods. The findings related to the access conditions challenged in the case; the court did not award individual compensation. [1][3]
Organisations pursued the case together
BIZEPS, the Austrian federation of blind and visually impaired people, Integration Tirol, Integration Wien and independent-living organisations backed the action. In a May interview, Klagsverband lawyer Theresa Hammer confirmed that the ministry had not appealed. “This is a great success,” she said. The judgment had therefore become binding.
A new circular followed in September
The education ministry approved a new support circular on 17 September 2023, replacing its 2021 rules. It covered different forms of assistance and support in federal educational institutions, including participation in school activities and trips. The document also addressed autism-specific support. The new instructions set out how support was to be organised at the institutions concerned. [4]