Act on Secondary and Higher Education (MHG) - Scope (MHG)

1. This law applies to secondary and higher education institutions, insofar as they are not governed by vocational education legislation.

2. If bridging courses or basic vocational training programs are offered at the cantonal secondary school, the organization, as well as the rights and obligations of teachers and students, are governed by this law. The content of these offerings is determined by vocational education legislation.

3. Furthermore, this law regulates the access of learners and students residing in the Canton of Appenzell Ausserrhoden to secondary and higher education institutions outside the canton.

1. This law aims to ensure high-quality education in secondary schools and higher education institutions.

2. Secondary schools provide a comprehensive general and personal education as preparation for training at a higher education institution.

3. Universities provide scientific education and prepare students for the pursuit of academic activities and professions. Other higher education institutions focus on application-oriented majors and prepare students for specific professions or qualified tasks.

4. The permeability between the academic and vocational educational pathways is to be ensured as much as possible.

1. Secondary Schools are general education institutions at the upper secondary level, following primary education, and lead to a qualification recognized by the Canton of Appenzell Ausserrhoden or the Confederation.

2. Higher Education Institutions follow the upper secondary level and include in particular

a) the university-level higher education institutions: the cantonal universities and the Swiss Federal Institutes of Technology (ETH);

b) the universities of applied sciences and the universities of teacher education.

1. Gymnasium Educational Programs typically begin after the completion of the 10th school year, last four years, conclude with the gymnasium diploma, and specifically prepare students for studies at a university-level institution.

2. Specialized Middle School Programs generally commence after the completion of the 11th school year, last three years, conclude with the award of a specialized middle school certificate, and prepare students for training at universities of applied sciences and higher vocational schools. Subsequently, the specialized matriculation can optionally be acquired in a fourth year of education.

3. If bridging options or vocational basic education programs are offered at the cantonal middle school, they customarily begin after the completion of the 11th school year.

1. The canton may be a sponsor of out-of-canton middle and higher education institutions.

1. The government council may conclude agreements regarding the access of learners or students residing in the canton of Appenzell Ausserrhoden to out-of-canton secondary and higher education institutions.

1. The Government Council may recognize graduation certificates or diplomas from private secondary schools if they meet the requirements of the recognition regulations and the framework curricula of the Swiss Conference of Cantonal Ministers of Education or the Federal Office for Professional Education and Technology, and if the admission and promotion conditions correspond to those of public secondary school departments. Recognition requires the approval of curricula and examination regulations.

2. The recognition of study programs and educational qualifications from universities is governed by federal law.

1. The canton establishes a secondary school.

1. The canton provides the necessary and suitable facilities, premises, and equipment for contemporary and level-appropriate education.

2. Insofar as premises and facilities are not required for school operations, they may be made available to third parties for a reasonable compensation.

1. A grammar school with a maturity qualification (9th-12th school year) is offered at the cantonal secondary school.

2. The cantonal secondary school may offer additional services.

3. The government council approves or abolishes the additional services according to paragraph 2. It determines the cost coverage level in the process.

4. The operation of the cantonal secondary school follows a day school model.

1. The School Administration consists of the Principal and other members. It is responsible for the educational, personnel, financial, and administrative management of the school, as well as for quality assurance.

2. The Principal is ultimately responsible for the cantonal secondary school and represents it externally.

1. The school administration, the teaching staff, and the additional employees form the school conference under the chairmanship of the principal.

2. The school conference serves for the exchange of information and opinions. It is to be consulted on all matters that are fundamentally significant for the organization of school operations and the further development of the school. This includes, in particular, the issuance and revision of school curricula and school regulations as well as the appointment of the school administration.

3. The school administration sets the agenda. Each member of the school conference can submit matters for discussion in writing.

4. The government council regulates the details. It may grant additional rights and impose obligations on the school conference.

1. Admission to the cantonal secondary school requires, in particular, proof of the necessary knowledge and skills, as well as a residence for scholarship purposes within the canton of Appenzell Ausserrhoden.

2. In an admission procedure, the necessary knowledge and skills are assessed. The evaluation by the previously attended school must be duly considered.

3. Students residing outside the canton may be admitted to the cantonal secondary school if they demonstrate the required knowledge and skills, the financing of the school fees is secured, and there are available admission capacities. Admission is subject to any inter-cantonal agreements.

4. The government council regulates the admission procedure. It may delegate this authority.

1. Early voluntary withdrawal from the cantonal secondary school requires a written declaration from the holders of parental authority or from the learner if they are of legal age.

2. There is a right to a confirmation of school attendance.

1. Transition from a Secondary School with a Federal or Cantonal Recognized Diploma into the Corresponding Department of the Cantonal Secondary School is Possible. The Executive Council Regulates the Details.

1. The performance of students shall be regularly assessed with grades. Additionally, work, learning, and social behavior may be evaluated.

2. The assessment shall be transparent and comprehensible.

3. The Government Council shall regulate the details regarding performance evaluation, certificates, and promotion. It may delegate this authority.

1. Courses of study at the cantonal middle school are concluded with examinations. Final projects may also be a component. Learners receive a certificate of completion after passing the final examination.

2. The Government Council regulates the details of the completion of training. It may delegate this competence.

1. Students are required to attend mandatory subjects, lessons, and school events.

2. Students bear appropriate responsibility for their own learning process and share responsibility for that of the learning community.

3. Participation in events outside the timetable related to instruction may be declared compulsory.

4. For important reasons, students may be temporarily exempted, in whole or in part, from classes or a mandatory event.

1. Learners have a reasonable selection of elective courses available to them.

2. Learners are obligated to attend the elective courses they have chosen.

1. An exchange student may be admitted to attend classes in a secondary school education program for a maximum of twelve months.

2. The regulations concerning promotion do not apply to exchange students. Beyond that, they are equated with other students in terms of rights and obligations.

3. A certificate can be issued regarding school attendance and performance.

1. Learners may submit inquiries, suggestions, and complaints regarding school matters to the school administration. The school administration is obligated to review these substantively and respond as promptly as possible.

1. Students may form associations.

2. The school conference may allow a representative to attend meetings or individual agenda items.

1. The students are obligated to comply with the school regulations.

1. Educators possess a completed education appropriate to their level and personal characteristics that enable them to fulfill the educational and teaching mandate.

2. Educators design instruction that meets the substantive, methodological, and didactic requirements of educational objectives, framework curricula, and learning processes.

3. Educators participate in the organization of school operations and the further development of the school. They exercise their participatory rights, particularly within the framework of the school conference.

1. The main responsibilities of the educators are

a) Teaching and instructing;

b) Preparing and reviewing lessons;

c) School community work;

d) Professional development and continuing education.

1. The net total working time is governed by personnel legislation.

2. The Executive Council regulates the distribution of the net total working time across the main tasks according to Art. 25. Different distributions may be possible for individual teachers or entire groups of teachers.

3. Time-intensive tasks that exceed the professional assignment can be compensated separately on the basis of a written agreement.

4. Teachers can be obligated to take on work areas outside of teaching. The Executive Council regulates the details.

1. The Evaluation of Educators is Governed by the Guidelines on Criteria for Individual Salary Determination.

1. With regard to social partnership and the employment of teachers, the cantonal Personnel Act and its implementing provisions are decisive beyond this law.

1. Persons who, in accordance with the Swiss Civil Code, hold parental authority over minor learners are obliged to send them to attend instruction.

2. Instructors, school administration, and holders of parental authority over minor learners shall inform each other about significant matters, particularly regarding the academic performance and behavior of the learners, insofar as this is necessary for fulfilling the educational mandate.

3. Holders of parental authority over minor learners may, after prior arrangement with the school administration, visit the instruction at any time.

1. The start and duration of the school year and the periods without instruction are determined by the regulations for primary schools.

2. Exceptions are reserved for differing arrangements concerning educational units or events completed outside the school.

1. Teachers and school management ensure that school operations comply with regulations. They are authorized to take measures in cases of learner violations. These measures must not violate the integrity of the learners.

2. In cases of serious or repeated violations, the school management can impose the following disciplinary measures

a) written reprimand;

b) removal from class for up to four weeks;

c) disciplinary fine of up to Fr. 1,000;

d) permanent expulsion from the school.

1. The School Regulations contain supplementary provisions regarding school operations as well as the rights and duties of those involved in school operations, particularly in the following areas

a) the organizational structure;

b) the tasks, competencies, and responsibilities;

c) the organization and participation of teachers and students;

d) rules of conduct;

e) the management of absences.

2. The governing council may delegate the authority to issue the school regulations.

1. The Government Council approves the offered major subjects of the gymnasium educational programs as well as the fields of vocational education at the specialized secondary school and issues the school curricula. It may delegate this authority.

1. A school doctor ensures the medical consultation and care of the cantonal high school.

2. The school medical service is governed by the provisions of the health legislation.

1. If the admission requirements of the cantonal or receiving upper secondary school are met, students may be assigned to an out-of-canton upper secondary school under agreements with other cantons when

a) the commute to the cantonal upper secondary school is unreasonable, or

b) the cantonal upper secondary school does not offer recognized educational programs.

2. To form classes with balanced numbers and appropriate spatial utilization, students may be assigned to an out-of-canton upper secondary school or admitted to the cantonal school. The assignment requires the consent of the student, the holder of parental responsibility, and the educational authority of the receiving school.

3. If students or learners move their residence to the canton of Appenzell Ausserrhoden during ongoing education, they may be assigned to an out-of-canton school for the remainder of their education provided that at least half of the program has been completed. If no other local authority is liable for payment, the canton will bear the tuition fees.

1. Attendance at a private or out-of-canton secondary school of one's own choice and at one's own expense is governed by the provisions of the cantonal constitution.

1. Mandatory education at the cantonal secondary school or an assigned out-of-canton secondary school is free of charge for students with a scholarship law residence in the canton of Appenzell Ausserrhoden.

2. The students or the holders of parental authority are responsible for the costs of the school commute, personally required educational materials, and special school activities.

3. Fees are charged for attending voluntary instrumental lessons.

4. Fees may be charged for attending elective courses.

5. In cases of hardship, fees as per paragraphs 3 and 4 may be waived.

1. If students residing outside the canton attend the cantonal secondary school, they are required to pay tuition fees.

2. If there is no agreement for students pursuant to paragraph 1 with the canton or country of origin, the tuition fees shall be determined according to existing agreements.

3. In cases of hardship, the payment of tuition fees may be waived.

1. The cantonal middle school is managed with a block grant and performance mandate in accordance with the provisions of the Financial Budget Act.

1. The tuition fees to be borne by the canton for attending an out-of-canton university are determined by the relevant agreements.

2. The canton only charges students contributions if an agreement explicitly provides for this.

1. The competent cantonal authority collects the personal data necessary for planning and management, as well as the administrative data of state and non-state educational institutions, which are covered by the Federal Statistics Act.

2. Employees of secondary schools inform middle schools about the grades and other assessments of candidates in the context of entrance examinations.

3. The termination of an employee of a middle or higher education institution due to a serious breach of duty or a lack of suitability for the teaching profession must be reported to the competent cantonal authority.

1. Until the entry into force of the Federal Act on the Promotion of Universities and Coordination in the Swiss Higher Education Sector, accreditations of university study programs by the Swiss University Conference (SUC) based on a review by the Swiss Center of Accreditation and Quality Assurance (OAQ) shall be considered as recognized.