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412.01 OEPRSE CH-AR

Ordinance on Primary and Lower Secondary Education (Volksschulverordnung; VSV) - Agreements of School Authorities (OEP)

56 Articles / Provisions · Switzerland · Canton of Appenzell Ausserrhoden
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Table of Provisions (56)

Art. 1 Ordinance on Primary Schools; OPS - Agreements of School Authorities Art. 2 Primary School Ordinance; PSO - Attending School Abroad Art. 3 Elementary School Ordinance; ESO - Pre-School Accommodation Art. 4 Primary School Ordinance; PSO - Cantonal School Cost Contribution Art. 5 Elementary School Regulation; ESR - Enrollment Art. 6 Public School Ordinance; PSO - School Models Art. 7 Primary School Ordinance; PSO - Organization of Instruction Art. 8 Primary School Regulation; PSR - School Holidays and Non-Teaching Half-Days Art. 9 Primary School Ordinance; PSO - School Hours Art. 10 Elementary School Ordinance; ESO - Special Educational Needs Art. 11 Primary School Ordinance; PSO Art. 12 Public School Ordinance; PSO - Enhanced Measures Art. 13 Ordinance on Primary Schools; OPS - Promotion of Special Talents Art. 14 Elementary School Regulation; ESR - Assessment and Promotion Art. 15 Elementary School Ordinance; ESO - Absences Art. 16 Ordinance on Primary Schools; PSO - Exemptions Art. 17 Primary School Ordinance; PSO - Leave Art. 18 Primary School Ordinance; PSO - Authority of Teachers to Issue Instructions Art. 19 Public School Regulation; PSR - Disciplinary Measures Art. 20 Primary School Ordinance; PSO - Participation of Legal Guardians Art. 21 Primary School Ordinance; PSO - Sanctions Art. 22 Primary School Ordinance; PSO - Professional Mandate Art. 23 Ordinance on Elementary Schools; VSV - Teaching Load Art. 24 Elementary School Ordinance; ESO - Allocation of Working Time Art. 25 Elementary School Ordinance; ESO - Special Duties Art. 26 Elementary School Ordinance; ESO Art. 27 Primary School Ordinance; PSO - Classroom Assistance Art. 28 Ordinance on Elementary Schools; VSV - Obligation to Attend Art. 29 Primary School Ordinance; PSO - Age-Related Claims Art. 30 Public School Ordinance; PSO - Employee Appraisal Art. 31 Ordinance on Elementary Schools; VSV - Further Education and Training Art. 32 Primary School Ordinance; PSO - Mandatory Events and Courses Art. 33 Primary School Regulation; PSR Art. 34 Ordinance on Primary Schools; OPS - Intensive Further Education Art. 35 Primary School Ordinance; PSO - Quality Assurance Art. 36 Ordinance on Primary Schools; OPS - Creation of Foundations and Report Art. 37 Primary School Ordinance; PSO - School Experiments Art. 38 Volksschulverordnung; VSV - Operational Permit Art. 39 Primary School Ordinance; PSO Art. 40 Primary School Ordinance; PSO - Inspection and Evaluation Art. 41 Elementary School Ordinance; ESO - Deficiencies and Revocation of Approval Art. 42 Elementary School Regulation; ESR - Authorization Art. 43 Primary School Ordinance; PSO - Applications Art. 44 Primary School Ordinance; PSO - Inspection Art. 45 Elementary School Regulation; ESR - Additional Support Art. 46 Compulsory School Ordinance; CSO - Revocation of Approval Art. 47 Primary School Ordinance; PSO Art. 48 Ordinance on Primary Schools; OPS - Early Education Art. 49 Ordinance on Primary Schools; OPS - Early Childhood Special Education Art. 50 Elementary School Ordinance; ESO - Daily Structures Art. 51 Public School Ordinance; PSO Art. 52 Ordinance on Primary Schools; OPS - School Social Work Art. 53 Primary School Ordinance; PSO - Board of Education Art. 54 Primary School Regulation; PSR - Adjustment of Teaching Loads Art. 55 Primary School Regulation; PSR - Class Responsibility 2023/2024 Art. 56 Primary School Regulation; PSR - Age-Related Entitlements 2023/2024

Statutory Text (56 Articles)

1. Section: Public Elementary School - I. General Provisions

1. Agreements made by school authorities regarding their cooperation with public or private organizations require the approval of the Department of Education and Culture.

2. Provisions concerning specific agreements remain reserved.

1. Section: Public Elementary School - I. General Provisions

1. The school authority may mandate or approve attendance at an out-of-district school upon application, provided the receiving school authority agrees.

2. Unless the involved school authorities agree to a different arrangement, the relieved school authority shall bear the costs of the out-of-district school attendance.

1. Section: Public Elementary School - I. General Provisions

1. If children are placed in a social-pedagogical institution or a foster family before school enrollment, the local education authority at the place of residence is responsible for ensuring compulsory education.

2. Reserved are special provisions in the inter-cantonal relationship.

1. Section: Public Elementary School - I. General Provisions

1. The school cost contribution is provided for all students who are taught at a school maintained by the school authority or at an external school at the expense of the school authority. The relevant conditions are those existing on January 1st.

2. No entitlement to a school cost contribution exists for attendance at an external school within the framework of separative measures and for attendance at a school for the gifted.

3. The school cost contributions are paid to the school authorities in equal halves in the first and third quarters of the calendar year.

1. Section: Public Elementary School - II. School Operations

1. Upon request of the legal guardians, children may be enrolled in school early at the beginning of a school year, provided they turn four years old in the same calendar year.

2. In the interest of the child's welfare, enrollment can be postponed for a maximum of one year upon request of the legal guardians.

1. Section: Public Elementary School - II. School Operations

1. The school shall be conducted in mixed-age groups or in grade classes until the completion of the primary level (1st and 2nd cycles).

2. The lower secondary level (3rd cycle) shall be conducted using either the cooperative or integrated model

a) The cooperative model distinguishes between base classes with basic and advanced requirements. Additionally, students are divided into two or three proficiency groups in up to four subjects (German, French, English, Mathematics).

b) The integrated model is conducted with base classes of heterogeneous requirements, learning landscapes, or mixed-age groups. Additionally, students are divided into two or three proficiency groups in up to four subjects (German, French, English, Mathematics).

3. Other models require approval from the Department of Education and Culture.

1. Section: Public Elementary School - II. School Operations

1. In regular schools, instruction is provided in classes or other organizational forms with 16-24 students. Instruction divided into groups consists of 8-15 students.

2. The following teaching quotas are to be provided for classes and other organizational forms

a) in the 1st cycle 120-140 percent;

b) in the 2nd cycle 130-140 percent;

c) in the 3rd cycle 8-10 percent per student.

3. If the number of students as per paragraph 1 is exceptionally below or above the specified range, the teaching quotas are generally to be adjusted.

1. Section: Public Elementary School - II. School Operations

1. The Department of Education and Culture seeks to coordinate the annual holiday schedule with the neighboring cantons.

2. Half-days off from school may not be arranged for the purpose of extending school holidays.

1. Section: Public Elementary School - II. School Operations

1. The school authorities establish the daily teaching times and breaks, observing block periods.

2. The block periods comprise

a) In the 1st and 2nd cycles, at least three hours of lessons between 08:00 AM and 11:50 AM, with uniform block periods applicable for all schools under the school authority;

b) In the 3rd cycle, at least 3 hours and 45 minutes of lessons starting no earlier than 07:30 AM.

3. In the first two school years (kindergarten), the block periods are supplemented with bridging times.

4. In the 3rd cycle, suitable rooms and a contact person are available to students in cases where there are exceptional free inter-lesson periods.

5. The Office for Public Schools and Sports may approve a different regulation for school times in justified cases, particularly to accommodate timetables.

1. Section: Public Elementary School - III. Support Measures

1. A special educational need exists when learners are unable or no longer able to follow the regular school curriculum without specific support, or when significant difficulties are identified in learners' social competence, learning abilities, or performance capacities.

Section 1: Public Elementary School - III. Support Measures

1. The school authority shall develop a plan to support students with special educational needs in regular classes through support measures. The plan shall also include support services available to all students.

2. The plan requires the approval of the Department of Education and Culture. The department shall issue directives regarding the support measures and the design of the plan.

3. Decisions on support measures in regular classes are made by the school administration upon the request of the responsible teacher or the legal guardians. The school administration shall consult the parties involved and may arrange for additional assessments by specialists.

4. The support measures shall be time-limited and periodically reviewed with the involvement of the parties concerned.

Section 1: Public Elementary School - III. Support Measures

1. Decisions regarding enhanced measures for students with special educational needs are made by the Office for Primary Education and Sports.

2. The individual needs are determined upon request by the school administration or legal guardians through a standardized assessment procedure by professionals. The cost of the assessment procedure is borne by the canton.

3. With the approval of costs, the type and duration of the enhanced measures and the responsible implementing body are determined.

4. The enhanced measures are to be periodically reviewed with the involvement of the parties concerned.

Section 1: Public Elementary School - III. Support Measures

1. The Department of Education and Culture issues directives regarding the support of students with exceptional talents.

2. The introduction of talent classes requires a concept approved by the Department of Education and Culture.

3. The Department of Education and Culture decides on the recognition of specific educational programs for the highly gifted. It reports the recognized educational programs to the EDK Secretariat.

1. Section: Public Elementary School - IV. Students and Legal Guardians

1. Regular evaluation serves the promotion of students and the information of guardians. At least once a year, an evaluation meeting takes place.

2. The decision regarding the promotion of students to the next curriculum-based school year is made by the school administration upon the recommendation of the responsible teacher. Guardians must be involved at an early stage if the promotion appears to be at risk.

3. The school administration decides on the allocation in the 3rd cycle based on an evaluation and recommendation of the responsible teacher. Evaluation and recommendation must be discussed beforehand with the students and guardians in a transition meeting.

4. The Department of Education and Culture regulates the details of the evaluation and promotion of students.

1. Section: Public Elementary School - IV. Students and Legal Guardians

1. The legal guardians must inform the responsible teacher immediately if their child cannot attend lessons or a mandatory event. They are required to confirm absences according to the school's administration guidelines.

2. Absences are considered excused due to illness, accident, medical appointments, family events, or for the purpose of attending a vocational or talent-oriented event, and similar circumstances. The responsible teacher may require a medical certificate or other written confirmation.

3. The responsible teacher maintains a record in which all absences are documented.

1. Section: Public Elementary School - IV. Students and Legal Guardians

1. The school administration may exempt students from certain subjects, classes, and compulsory activities in the interest of their individual educational needs.

2. Exemptions may particularly be granted for

a) therapeutic measures;

b) measures for linguistic integration;

c) reasonable time for the development of a special talent;

d) trial apprenticeships, provided they cannot be undertaken during non-teaching periods.

1. Section: Public Elementary School - IV. Students and Legal Guardians

1. The school administration may grant a leave of absence for a quarter to students upon request, provided that the instruction material is guaranteed to be covered and the attainment of educational and learning objectives is ensured.

2. The request must be submitted before the beginning of the quarter.

1. Section: Public Elementary School - IV. Students and Legal Guardians

1. Learners are subject to the authority of teachers in educational matters and must comply with their instructions.

2. Teachers address disciplinary difficulties appropriately to the situation with pedagogically meaningful measures. Such measures may also be imposed to a limited extent outside of class hours; learners must be supervised during these times.

1. Section: Public Elementary School - IV. Students and Legal Guardians

1. The school administration shall assess whether disciplinary measures are to be ordered if students exhibit significant misconduct at school.

2. Disciplinary measures may, in particular, be ordered in cases of

a) Disregard of instructions from the competent teaching staff;

b) Violations of school or house rules;

c) Willful property damage at school;

d) Improper behavior towards other school participants;

e) Other disruptions to the school's operations.

3. The measures must be aligned with the statutory objectives and adhere to the principle of proportionality.

4. For measures according to Art. 31 para. 1 let. b and para. 2 let. b VSG, it must be examined, with the involvement of specialists, which accompanying measures are to be ordered so that educational and learning objectives can remain achievable as far as possible.

5. Disciplinary measures are to be communicated to the affected individuals and their legal guardians with a formal decision and instructions on legal remedies. Decisions with measures according to Art. 31 para. 1 let. d and para. 2 VSG must also be brought to the attention of the Department of Education and Culture.

1. Section: Public Elementary School - IV. Learners and Guardians

1. The legal guardians share responsibility for enabling the school to fulfill its mission. They exercise their legal rights and obligations in accordance with the educational and teaching objectives.

2. The school administration informs the legal guardians about relevant topics and developments within the school.

1. Section: Public Elementary School - IV. Students and Legal Guardians

1. Fines pursuant to Art. 37 para. 2 VSG shall be imposed by the highest school authority upon the request of the school administration.

2. The legal guardians shall be heard in advance.

1. Section: Public Elementary School - V. Teachers

1. Educators fulfill their professional duties for the benefit of the learners entrusted to them. They respect the physical, mental, and spiritual integrity of the learners and protect their privacy.

2. Educators are responsible for structuring the lessons and achieving the educational and instructional goals within the framework of legal requirements and the curriculum.

3. The Department of Education and Culture may issue directives regarding the professional duties.

1. Section: Public Elementary School - V. Teachers

1. The teaching time per week for a full-time position is as follows

a) General teachers: 22.5 hours

b) Support teachers without class responsibility: 20.25 hours

2. For teachers with class responsibility, the teaching time in a full-time position is reduced by 60 hours per year.

**1. Section: Public Elementary School - V. Educators**

1. The individual tasks of the professional assignment generally have the following proportion of the annual net total working time

a) Teaching: 870-970 hours (45-50%)

b) Preparation and follow-up of lessons as well as other work in the teaching context: 680-780 hours (35-40%)

c) Participation in the design, organization, and development of the school: 190 hours (10%)

d) Professional development and further training: 100 hours (5%)

2. The school administration may order a different allocation of net total working time. In doing so, it takes into account the personal circumstances of the teacher and the interests of the school.

1. Section: Public Elementary School - V. Teachers

1. The compensation for tasks that extend beyond the professional mandate in terms of time or other aspects must be agreed upon in writing.

1. Section: Public Elementary School - V. Teachers

1. Generally, a class teacher holds the primary responsibility for a class.

2. The role of the class teacher can be divided between two teachers. Typically, each teacher must assume a part-time workload of at least 30 percent.

1. Section: Public Elementary School - V. Teachers

1. The classroom assistant supports the class teacher with organizational and administrative tasks. They do not hold any teaching or class responsibilities.

1. Section: Public Elementary School - V. Teaching Personnel

1. Teachers are required to be present for a maximum of five hours per week outside of teaching hours.

2. The presence obligation is reduced for part-time positions as follows

a) Teaching load 25-75%: ½ presence obligation

b) Teaching load under 25%: ¼ presence obligation

3. The school administration announces the presence obligation for the teaching weeks and school holidays at the beginning of each semester.

**1. Section: Public Elementary School - V. Educators**

1. If the age-related reduction of the net total working hours is utilized, the teaching load is to be appropriately reduced.

2. The school administration determines the new allocation of working hours in consultation with the teacher.

3. The intention to utilize the age-related reduction must be communicated to the school administration in a timely manner.

**1. Section: Public Elementary School - V. Teachers**

1. The school administration conducts a structured employee interview with the teacher at least once a year. The employee interview is documented in writing.

2. The purpose of the employee interview is to promote and motivate the teacher, assess their performance, and agree on and review goals and any development measures. The teacher has the opportunity for supervisor evaluation and the chance to present their concerns.

3. The provisions regarding the employee interview in the cantonal personnel law apply mutatis mutandis.

1. Section: Public Elementary School - V. Teachers

1. Time outside of teaching hours is generally to be used for independent professional development and further education. Exceptions are decided upon by the school administration.

2. Professional development serves to maintain professional qualifications by imparting knowledge and skills for contemporary professional practice. The school authority bears the costs.

3. Further education serves to acquire new knowledge and skills and enables the assumption of new functions and tasks. The school administration decides on the cost participation of the school authority.

4. Prior approval from the school administration must be obtained for the costs of external professional development and further education.

5. The Department of Education and Culture issues directives on professional development and further education.

**Section 1: Public Elementary School - V. Teachers**

1. If attendance at certain events or courses is declared mandatory, the ordering public authority shall bear the costs.

**Section 1: Public Elementary School - V. Teaching Staff**

1. The Office for Primary Education and Sports may support further education and training with contributions if they are in the overall interest of the primary school.

2. It may offer its own further education and training programs.

1. Section: Public Elementary School - V. Teaching Staff

1. The intensive further training is usually to be commenced before the completion of the 58th year of age. It can only be accessed with a permanent and ongoing employment relationship.

2. If the employment level in the last five years was on average below 50 percent, the entitlement to intensive further training will be proportionately reduced.

3. The program of intensive further training must be related to the professional mandate and requires the approval of the school management. The costs for travel, meals, and accommodation are to be borne by the teacher.

4. The costs assumed by the school authority must be fully or partially reimbursed if

a) the teacher does not commence the intensive further training or does not complete it without a valid reason;

b) the teacher resigns from the employment relationship within three years after the intensive further training without a valid reason;

c) the school authority terminates the employment relationship within three years after the intensive further training for a reason attributable to the teacher.

5. The Department of Education and Culture issues directives for intensive further training.

1. Section: Public Elementary School - VI. Quality Assurance and School Development

1. School authorities ensure the continuous development and assurance of teaching and school quality.

2. The Department of Education and Culture conducts evaluations of the schools every four years by professionals regarding pedagogical and organizational aspects. It prepares an evaluation report for the school authorities with recommendations for quality assurance and school development.

1. Section: Public Elementary School - VI. Quality Assurance and School Development

1. The Department of Education and Culture collects the necessary data for quality assurance and school development, particularly regarding the school and career development of learners.

2. It may require schools to participate in surveys and initiates performance comparisons.

3. It submits a comprehensive report on public schools to the government council every four years.

1. Section: Public Elementary School - VI. Quality Assurance and School Development

1. Pilot School Projects must be submitted to the Department of Education and Culture with a project description and the necessary documentation concerning professional supervision, evaluation, monitoring, and funding for review and approval.

2. The Department of Education and Culture may, in consultation with the school sponsor, conduct its own pilot school projects.

2. Section: Private Schools, Private Instruction, and Special Schools - I. Private Schools

1. The operating license for private schools is granted at the beginning of each school year.

2. The initial issuance is for an operational period of two years. The application for the license must be submitted at least one year prior to the planned start of the school year.

3. Upon application by the sponsoring body, the operating license is extended for an operational period of four years after a renewed assessment of the requirements. The application for extension must be submitted to the Department of Education and Culture six months before the expiration of the operating license.

2. Section: Private Schools, Private Instruction, and Special Schools - I. Private Schools

1. The application for the issuance or renewal of an operational permit must be submitted to the Department of Education and Culture with the following documents

a) medium- and long-term business plan;

b) statutes of the sponsoring organization;

c) educational and organizational school concept;

d) personal details of the sponsoring organization and school management;

e) information about the school premises;

f) information about quality assurance and school development.

2. The Department of Education and Culture may request additional documents and information.

2. Section: Private Schools, Private Instruction, and Special Schools - I. Private Schools

1. The Office for Public Education and Sports conducts an inspection at the private school at least once a year.

2. It may have private schools evaluated by external experts.

3. It may require private schools to participate in school and education-related surveys.

2. Section: Private Schools, Private Instruction, and Special Schools - I. Private Schools

1. In the event of defects, the sponsorship is given a reasonable deadline for rectification, with the warning that the operational license will be entirely or partially revoked in case of non-compliance.

2. The revocation of the operational license generally takes place at the end of a school year.

3. For overriding public interests, the operational license may be entirely or partially revoked at any time.

4. The Department of Education and Culture shall order the necessary measures upon the revocation of the operational license to ensure the fulfillment of compulsory schooling.

2. Section: Private Schools, Private Tuition, and Special Schools - II. Private Tuition

1. The Office for Public Schools and Sports grants the authorization for private instruction for a duration of two school years.

2. In special cases, it may specify a different duration of authorization.

3. The authorization will not be granted if enhanced measures for learners with special educational needs are required.

Section 2: Private Schools, Private Instruction, and Special Schools - II. Private Instruction

1. Applications for the authorization of private instruction must be submitted to the Office for Primary and Secondary Education and Sports by the end of the preceding year.

2. For the initial authorization, the following documents must be attached to the application

a) Information regarding the authorized teaching personnel and other individuals providing instruction;

b) Information concerning the learners;

c) Pedagogical and organizational concept;

d) Information regarding the educational facilities;

e) Information ensuring social integration;

f) Information ensuring the quality of instruction.

3. When applying for an extension, any changes in the relevant circumstances must be reported to the Office for Primary and Secondary Education and Sports without being prompted.

4. The Office for Primary and Secondary Education and Sports may request further documents and information.

Section 2: Private Schools, Private Instruction, and Special Schools - II. Private Instruction

1. The Office for Primary Education and Sports conducts an on-site visit prior to the first approval and at least once annually thereafter.

2. It assesses the achievement of educational and instructional objectives and the level of social integration of the learners.

2. Section: Private Schools, Private Tuition, and Special Schools - II. Private Tuition

1. Students with special educational needs may claim additional support in private tutoring as per Art. 22 Para. 2 of the VSG. This support is provided by the supportive services of the canton.

2. Applications are decided by the Office for Primary Education and Sports.

Section 2: Private Schools, Private Instruction, and Special Schools - II. Private Instruction

1. The permission for private instruction can be wholly or partially revoked at any time if it appears necessary to ensure adequate primary education or for other reasons in the interest of the child's welfare.

2. Section: Private Schools, Private Instruction, and Special Schools - III. Special Schools

1. The provisions concerning private schools apply mutatis mutandis to the approval and operation of special schools.

2. All documents specific to special schools must be submitted with the application for the issuance or renewal of an operational license.

Section 3: Supplementary Education and Parenting Offers

1. The Department of Education and Culture may support offers and projects with contributions that, as preparatory measures for school enrollment, improve equal opportunities for children.

2. A prerequisite for support is an educational concept that corresponds to the educational and teaching objectives of the public school.

Section 3: Supplementary Educational and Instructional Offers

1. Early special needs education includes early detection, support, and guidance for children whose development is limited or at risk or who are unlikely to be able to follow regular school instruction without specific support.

2. Early special needs education is provided from the child's birth until they begin school. It offers assessment, preventive and educational support, as well as appropriate assistance within the family context.

3. Applications are decided by the Office for Public Schools and Sports. It determines the type and duration of the measures. The effectiveness of the measures must be periodically reviewed.

Section 3: Supplementary Education and Instructional Offers

1. The municipal council regulates the organization and operation of the day structures. It may delegate authority to school bodies.

2. As far as possible, the day structures are to be offered in the school building or in its immediate vicinity.

3. The municipal council issues a tariff for the day structures. It ensures that regular use of the day structures remains economically feasible for all legal guardians.

4. Children may be excluded from the use of day structures if

a) they repeatedly and significantly violate the house rules or instructions of the supervisory staff despite warnings;

b) the legal guardians fail to fulfill their payment obligations despite repeated reminders.

Section 3: Supplementary Education and Instructional Offers

1. The Department of Education and Culture enters into service agreements with the music schools.

2. The legal guardians are required to contribute appropriately to the operating costs of the music school.

3. Section: Supplemental Educational and Instructional Offers

1. Offers of school social work are provided by trained professionals. The services of school social work are free of charge for those affected.

2. The municipal council regulates the specifics. It takes into account the recommendations of the Department of Education and Culture.

4. Section: Education Council and Transitional Provisions

1. The Education Council advises the Department of Education and Culture on cross-grade school and educational matters.

2. It consists of representatives from primary schools, secondary schools, and vocational education.

3. The Government Council appoints the members of the Education Council upon the proposal of the Department of Education and Culture and determines its chairmanship.

Section 4: Education Council and Transitional Provisions

1. The teaching workloads must be adjusted to the requirements pursuant to Art. 7 para. 2 by August 1, 2024.

4. Section: Education Council and Transitional Provisions

1. Teachers who were unable to take full advantage of the relief according to Article 23, Paragraph 2, in the 2023/2024 school year shall receive appropriate compensation in consultation with the school administration.

4. Section: Education Council and Transitional Provisions

1. Educators who have reached the age of 55 before the law comes into effect and opt for a reduction in net total working hours starting from the 2024/2025 school year will receive a retroactive salary supplement of 6.67 percent for the 2023/2024 school year, provided that the entitlement to age-related benefits could not be claimed otherwise.

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