Philenews

Court Reverses Decision: School Assistant Provided for Student with Disability Attending Private School

Published February 27, 2026, 17:11
Court Reverses Decision: School Assistant Provided for Student with Disability Attending Private School

A student with a disability faced a legal battle with the Ministry of Education regarding the provision of a school assistant for attending a private school. Initially, the Ministry refused to provide an assistant, citing the legal framework, but the Supreme Constitutional Court overturned the initial decision that had rejected the appeal, accepting the parents’ appeal. The case began in 2017 with an exchange of letters between the Ministry and the parents. The Ministry initially informed them that it does not provide school assistants for private schools, which applies to public schools after evaluation. The parents requested a review, arguing that their request should be assessed based on the child's rights as a person with a disability. The lower court ruled that the Ministry's first letter was the executable administrative act and that the subsequent letter was merely confirmatory, dismissing the appeal as time-barred. However, the Supreme Court ruled that the first letter was merely informational and did not constitute an executable act, while the second letter, which contained a clear rejection of the request, constitutes the executable act. As a result, the Supreme Constitutional Court ruled that the appeal was admissible and wrongly dismissed in the first instance. The Ministry of Education was ordered to pay expenses of €3,000 plus VAT to the student’s parents. The case is referred back to the lower court for examination of the grounds for annulment.