Service Regulations of the Directorate of Education, Culture and Sport (Do BKSD) - Scope (BKSD)

1. This Service Regulation governs the organization and management of the administrative units of the Department of Education, Culture, and Sports.

1. The Department of Education, Culture, and Sports (BKSD, "the Department") exercises its core competencies in the following areas of activity

a. Education at all levels;

b. Children and Youth;

c. Services for Persons with Disabilities;

d. Culture;

e. Sports.

1. The structure of the Directorate into departments is governed by § 8 of the Ordinance on the Law on Government and Administrative Organization of Basel-Landschaft dated December 19, 2017.

2. The organizational chart of the Directorate is depicted in Appendix 1.

1. The Director manages the directorate with performance mandates and regulations that are regularly updated.

2. The deputy for the Director in administrative matters is the responsibility of the Secretary General.

3. The Director, or the Secretary General as the appointed agent, delegates tasks falling within their business domain to the respective departments.

4. Leadership meetings take place to coordinate the tasks of the directorate.

5. The Director maintains communication with higher-level stakeholders. This responsibility can be delegated to one or more departments.

6. The directorate is assigned committees as prescribed by laws and regulations.

7. The Director may establish additional supportive committees (e.g., commissions or expert groups) to fulfill the tasks of the departments.

8. The committees referred to in paragraphs 6 and 7 are subject to §§ 6, 7, 8, and 12 of the Ordinance on Governmental Commissions from August 22, 2017, by analogy. The Director issues a duty specification that regulates the tasks, responsibilities, and competencies. This can be delegated to the heads of departments. Provisions in other decrees remain unaffected.

9. The Director and the heads of departments can delegate employees and other individuals as state representatives to inter-cantonal or international bodies as well as to strategic management bodies of private or public legal companies. For strategic management bodies, § 17 of the Ordinance on the Law on Participation (PCGV) from December 12, 2017, and the provisions of the Law on Participation (PCGG) from June 15, 2017, regarding the term of office apply analogously.

10. The Director can establish working groups within projects and, if needed, working groups with a limited-time assignment and external members. This can be delegated to the department heads.

11. The Director details the specifics in the regulations concerning the service order.

1. The appointing authority for the Head of Departments is the Director.

2. The appointing authority for all other employees is the Director together with the Head of Office.

3. The offices involve the Personnel Department of the BKSD General Secretariat before making contractual commitments.

4. The Director regulates the signing authority for employment contracts, personnel-related orders and agreements, as well as employment references, in the regulation governing the code of service.

1. The head of the department shall manage the department in accordance with the performance mandate and the departmental regulations of the director and shall be responsible for

a. the planning, execution, and control of the matters within the competence of the department;

b. the inclusion of the relevant other administrative units in the operational execution of matters;

c. the further development of the assigned areas of responsibility.

1. The head of the department appoints a deputy. The appointment requires the consent of the head of the directorate.

2. The deputy assumes the leadership of the department in the absence of the head of the department.

3. The head of the directorate regulates the specifics of the deputy role in the regulations concerning the service order of the BKSD.

4. The head of the department regulates the internal distribution of tasks, competencies, and responsibilities of employees through job descriptions. He or she can delegate this to the heads of main departments and departments.

5. The internal organizational structure (including the organizational chart) is regulated in the department regulations.

1. The Director regulates the authority to issue orders in the regulation for the service ordinance.

2. Employees authorized to issue orders exercise a sovereign function. They issue and sign the corresponding orders on behalf of the department, as well as with the respective job title.

3. The department that issued the order provides the certificate of legal enforceability upon request, in accordance with the administrative procedural legislation of the canton.

1. The Director regulates the authority to sign performance agreements and other contracts in the service regulations.

2. The authority to conclude performance agreements and other contracts is determined by the financial budget legislation and the regulation on responsibilities for expenditure approvals in the Directorate of Education, Culture, and Sports dated March 14, 2018.

1. The authority to submit proposals to the government council is vested in the head of the directorate.

1. The General Secretariat is under the authority of the Secretary General and comprises the following departments

a. Education;

b. Finance;

c. Information Technology/Information Technology Schools Baselland (IT.SBL);

d. Communication;

e. Personnel;

f. Accounting, Procurement, and Logistics;

g. Legal Affairs;

h. Space and Infrastructure.

2. To fulfill its tasks, the General Secretariat is supported by the specialized areas of Assistance and Business Coordination.

1. The General Secretariat (GS) has the following tasks

a. comprehensive leadership support for the head of the directorate;

b. advice and support for the departments and schools.

2. It has the authority to issue technical instructions to the departments.

3. The GS, in collaboration with the departments, is responsible for an overall view in the business areas of the Department for Education, Culture and Sport (BKSD) and in cross-directorate affairs. Specifically, it is the planning, coordination, quality assurance, and process controlling office of the directorate.

4. Additionally, the GS is responsible for all affairs assigned to or falling within the implementation area of the directorate, insofar as these are not transferred to another department. Notably, it oversees across all educational levels

a. school IT;

b. school agreements;

c. educational projects and educational monitoring.

1. The Office for Child, Youth, and Disability Services (OCYDS) is divided into

a. the Main Department for Children and Youth;

b. the Main Department for Disability Services.

1. The AKJB is responsible for the planning, development, assurance, quality control, and cost-effectiveness of service offerings for children, youths, and people with disabilities. It finances, promotes, coordinates, and provides services for children, youths, and people with disabilities.

2. It serves as the liaison according to Art. 10 of the Intercantonal Agreement on Social Institutions (IVSE) of December 13, 2002, the liaison to the Federal Office of Justice, Penal and Correctional Services Section in accordance with Art. 26 of the Ordinance on Federal Benefits for Penal and Correctional Services (LSMV) of November 21, 2007, and the point of contact for child and youth policy with the Federal Social Insurance Office according to Art. 23 of the Ordinance on the Promotion of Extracurricular Activities with Children and Youths (KJFV) of October 17, 2012.

1. The Main Department for Children and Youth is responsible for the tasks assigned by the federal and cantonal authority in the areas of residential and outpatient child and youth welfare, school social work, counseling, supplementary family and school child care, child and youth promotion, early childhood promotion, as well as the coordination and development of child and youth welfare.

2. The tasks of the Main Department for Children and Youth are particularly derived from

a. The residential child and youth welfare from the Law on Social and Youth Welfare (Social Welfare Law, SWL) of June 21, 2001, and the Ordinance on Child and Youth Welfare from December 3, 2013, the Federal Law on the Benefits of the Federation for Penal and Correctional Measures of October 5, 1984, and the Ordinance on the Benefits of the Federation for Penal and Correctional Measures (LSMV) of November 21, 2007, as well as the Intercantonal Agreement for Social Institutions (IVSE) of December 13, 2002, and the Ordinance on the Placement of Foster Children (PAVO) of October 19, 1977;

b. The residential educational offerings and counseling from the Education Law of June 6, 2002, the Ordinance on Special Promotion, Special Education, and Early Special Needs Education (Vo SoPä) of June 22, 2021, as well as the Intercantonal Agreement for Social Institutions (IVSE) of December 13, 2002;

c. The outpatient child and youth welfare from the Law on Social and Youth Welfare (SWL) of June 21, 2001, and the Ordinance on Child and Youth Welfare from December 3, 2013;

d. Early childhood promotion from the Education Law of June 6, 2002, and the Ordinance on Special Promotion, Special Education, and Early Special Needs Education (Vo SoPä) of June 22, 2021;

e. The approval and supervision of homes for children and adolescents, as well as family and school supplementary child care and the supervision of service offerings in family care from the Federal Ordinance on the Placement of Foster Children (Foster Children Ordinance, PAVO) of October 19, 1977, and the Ordinance on the Approval and Supervision of Homes (Home Ordinance) of September 25, 2001;

f. The family and school supplementary child care from the Law on Supplementary Family Child Care of May 21, 2015, and the Ordinance on Supplementary Family Child Care of December 13, 2016;

g. School social work from the Education Law of June 6, 2002, the Ordinance on the School Social Service at the Primary Level of March 23, 2021, and the Ordinance on the School Social Service at Secondary Level I and II of March 16, 2004;

h. Child and youth promotion from the Federal Law on the Promotion of Extracurricular Activities with Children and Youth (Child and Youth Promotion Law, CYPL) of September 30, 2011, and the Ordinance on the Promotion of Extracurricular Activities with Children and Youth (Child and Youth Promotion Ordinance, CYPV) of October 17, 2012.

1. The Main Division for Disability Services is responsible for ensuring the social inclusion of persons with disabilities through effective, appropriate, and economically provided services. In doing so, it implements the requirements of federal law, supplements it within the framework of its objectives, and based on cantonal law, particularly through the regulation of outpatient and other services as well as determining needs related to disabilities. It organizes transportation for individuals with mobility restrictions who are unable to use public transport independently and subsidizes these with contributions.

2. The responsibilities of the Main Division for Disability Services arise particularly

a. For services provided by homes, workshops, and day centers from the Federal Act on Institutions Promoting the Integration of Disabled Persons (IFEG) of October 6, 2006, the Intercantonal Agreement on Social Institutions (IVSE) of December 13, 2002, the Federal Act on Supplementary Benefits to the Old Age, Survivors, and Invalidity Insurance (ELG) of October 6, 2006, the Act on Disability Assistance (Disability Assistance Act, BHG) of September 29, 2016, and the Ordinance on Disability Assistance (BHV) of December 6, 2016;

b. For determining individual needs, outpatient, and other services under the Act on Disability Assistance (Disability Assistance Act, BHG) of September 29, 2016, and the Ordinance on Disability Assistance (BHV) of December 6, 2016;

c. For the transportation of individuals with mobility restrictions under the Agreement on Contributions to Transportation for Persons with Mobility Restrictions of August 25, 2015, and the Ordinance on Contributions to Transportation for Persons with Mobility Restrictions of July 5, 2016.

1. The Office for Culture (OfC) is divided into

a. the Main Department Roman City Augusta Raurica;

b. the Main Department Archaeology and Cantonal Museum;

c. the Main Department Cultural Promotion;

d. the Main Department Cantonal Library.

1. The Office for Culture implements the cultural promotion of the Canton of Basel-Landschaft, in particular the preservation and maintenance of cultural heritage, the promotion of contemporary art and culture, the provision of a basic cultural offer for the benefit of the population, as well as the mediation and exchange of culture in public.

1. The duties of the Main Department Augusta Raurica are derived from the Law on Cultural Promotion (Cultural Promotion Law, KFG BL) of June 4, 2015, the Ordinance on Cultural Promotion (Cultural Promotion Ordinance, KFV) of December 20, 2016, the Law on the Protection and Research of Archaeological Sites and Objects (Archaeology Law, ArchG) of December 11, 2002, and the Treaty on the Roman City of Augusta Raurica (Roman Treaty) of March 24, 1998.

2. Furthermore, it undertakes the coordination, cooperation, and dissemination of information regarding specialized museum and archaeological tasks with the responsible authorities of the federal government, the cantons, and, if necessary, foreign countries.

1. The Duties of the Main Department of Archaeology and Museum arise from the Cultural Promotion Act (Cultural Promotion Act, CPFA) dated June 4, 2015, the Ordinance on Cultural Promotion (Cultural Promotion Ordinance, CPO) dated December 20, 2016, and the Act on the Protection and Research of Archaeological Sites and Objects (Archaeology Act, ArchA) dated December 11, 2002.

2. In addition, it undertakes the coordination, cooperation, and provision of information in specialized museum and archaeological matters with the competent authorities of the federal government, the cantons, and where applicable, foreign entities.

1. The tasks of the Main Department for Cultural Promotion arise from the Law on Cultural Promotion (Cultural Promotion Law, CPL BL) of June 4, 2015, and the Regulation on Cultural Promotion (Cultural Promotion Regulation, CPR) of December 20, 2016.

2. It serves as a point of contact for all questions in the field of contemporary art and cultural promotion. In particular, it performs the tasks assigned to it under the Law on Cultural Promotion and the Regulation on Cultural Promotion. Additionally, it advises applicants regarding their project submissions and advocates for structural support measures in favor of artists and cultural creators.

1. The duties of the Main Division of the Cantonal Library are derived from the Law on Cultural Promotion (Cultural Promotion Act, KFG BL) of June 4, 2015, and the Ordinance on Cultural Promotion (Cultural Promotion Ordinance, KFV) of December 20, 2016.

2. Furthermore, it undertakes the coordination, cooperation, and information in specialized library tasks with the competent authorities of the federal government, the cantons, and, if applicable, foreign countries.

1. The Office for Public Schools is divided into

a. the Main Department of Supervision and Quality;

b. the Main Department of Operations and Continuing Education;

c. the Main Department of Special Education;

d. the Main Department of School Psychological Services;

e. the Support Department.

1. The AVS is the cantonal authority for public schools, the point of contact for school boards and school administrations, and the professionally independent cantonal specialist office for school psychological issues.

2. It is specifically responsible for operational, pedagogical, and special educational matters, as well as for overseeing the supervision, quality, development, operation, and further training of public schools with the aim of optimal support, coordination, and further development of public schools at the cantonal level, including school psychological consultation for all school levels.

3. It oversees secondary schools and cantonal special schools.

1. The Main Department of Supervision and Quality is responsible for the cantonal oversight of public schools (kindergarten, primary school, secondary school), music schools, as well as private schools and private education.

2. Its responsibilities are stipulated particularly by the Education Act of June 6, 2002, the Ordinance for Kindergarten and Primary School of May 13, 2003, the Ordinance for Secondary School of May 13, 2003, the Ordinance for Music School of May 13, 2003, the Ordinance on Private Schools and Private Education of June 26, 2018, and the Ordinance on School Career (Career Ordinance) of June 11, 2013.

1. The Main Department of Operations and Further Education is responsible for all operational, educational, and continuing education matters of the primary and lower secondary levels, excluding special schools, as well as for all operational and educational matters of music schools, provided these have not been assigned to other bodies by law or regulation.

2. Its tasks are derived in particular from the Education Act of June 6, 2002, the Regulation for Kindergarten and Primary School of May 13, 2003, the Regulation for Secondary School of May 13, 2003, the Regulation for Music Schools of May 13, 2003, the Regulation on Private Schools and Private Teaching of June 26, 2018, the Regulation on the School Career Path (Career Path Regulation) of June 11, 2013, and the Regulation for School Administration and School Secretariats of May 13, 2003.

1. The Main Department of Special Education is responsible for all special educational concerns of the primary school insofar as these are not transferred to other bodies by law and regulation.

2. Its tasks arise in particular from the Education Act of June 6, 2002, the Ordinance for Kindergarten and Primary School of May 13, 2003, the Ordinance for Secondary School of May 13, 2003, the Ordinance on Special Support, Special Schooling, and Early Special Education (Special Education Ordinance, SpEdO) of June 22, 2021, the Ordinance on Private Schools and Private Education of June 26, 2018, the Ordinance on the Educational Pathway (Pathway Ordinance) of June 11, 2013, and the Ordinance for School Management and School Secretariats of May 13, 2003.

1. The Main Department of School Psychological Service (SPS) acts as a professionally independent, cantonal specialist unit providing consultation to students and their parents, teachers, and school authorities on educational and developmental matters.

2. Its duties arise particularly from the Education Act of 6 June 2002, the Ordinance for Kindergarten and Primary School of 13 May 2003, the Ordinance for Secondary School of 13 May 2003, the Ordinance on Gymnasium (Matura School and Specialized Middle School) of 13 May 2003, the Ordinance for Vocational Education of 17 March 2009, the Ordinance on Special Support, Special Education and Early Special Education (Ordinance on Special Pedagogy, Vo Spe) of 22 June 2021, the Ordinance on the School Career (Career Ordinance) of 11 June 2013, and the Ordinance on the School Psychological Service of 22 April 2008.

1. The Support Department is responsible for the areas of finance, control and process optimization, specialized processing, information, and administration of the AVS. Furthermore, it assists the management of the department in project management and in advising on political matters.

2. Its duties are particularly derived from the Education Act of June 6, 2002, the Ordinance for Kindergarten and Primary School of May 13, 2003, the Ordinance for Secondary School of May 13, 2003, the Ordinance on Special Support, Special Schooling, and Early Special Education (Special Education Ordinance, SpEdO) of June 22, 2021, the Ordinance on Private Schools and Private Education of June 26, 2018, the Ordinance on the School Career (School Career Ordinance) of June 11, 2013, and the Ordinance for School Management and School Secretariats of May 13, 2003.

1. The BMH Office is divided into

a. the Main Department of Vocational Education;

b. * the Main Department of Vocational and Secondary Schools;

c. * the Main Department of Higher Education;

d. * the Main Department of Career Center;

e. * the BMH Staff Office.

1. The BMH Office is the cantonal authority for the post-compulsory education sector as well as for vocational, academic, and career guidance within the canton.

2. It is particularly responsible for the planning, development, assurance, supervision, quality assurance, and economic efficiency of the services offered in the post-compulsory education sector as well as in vocational, academic, and career guidance within the canton.

3. It represents vocational education, vocational schools and middle schools, universities, as well as vocational, academic, and career guidance in public and before authorities.

4. It exercises supervision over grammar schools, vocational schools, and higher vocational education. Additionally, it is responsible for any recognitions.

1. The Main Division for Vocational Education and Training is responsible for the cantonal tasks within the partnership (federal, cantonal, and occupational organizations) in the areas of vocational education and training and occupational integration. Additionally, it is responsible for the allocation of educational grants.

2. Its responsibilities arise in particular

a. * for basic vocational education and higher vocational education from the Federal Act on Vocational and Professional Education and Training (Vocational Education and Training Act, VETA) of December 13, 2002, with all implementing ordinances and framework curricula, the Federal Act on Continuing Education and Training (CET Act) of June 20, 2014, the Education Act of June 6, 2002, the Ordinance on Vocational Education and Training of March 17, 2009, and other cantonal regulations related to basic vocational education as well as inter-cantonal agreements.

b. * for bridging offers and occupational integration from the Education Act of June 6, 2002, and the Ordinance on Vocational Education and Training of March 17, 2009;

c. * for educational grants from the Act on Educational Grants of December 5, 1994, the Ordinance on the Act on Educational Grants of May 23, 1995, as well as inter-cantonal agreements.

d. * ...

3. ...

4. ...

1. The Main Division for Vocational and Middle Schools is primarily responsible for the cantonal tasks in the area of grammar schools (baccalaureate schools and specialized middle schools) as well as vocational schools.

2. The cantonal grammar schools and vocational schools are subordinate to it.

3. Its tasks arise in particular

a. * for the grammar schools from the Ordinance on the Recognition of Baccalaureate Certificates (Baccalaureate Recognition Ordinance, BRO) of February 15, 1995, the Education Act of June 6, 2002, the Ordinance on Grammar Schools (Baccalaureate School and Specialized Middle School) of May 13, 2003, and other cantonal decrees, intercantonal agreements, and regulations concerning middle schools;

b. * for vocational training and higher vocational education from the Federal Act on Vocational and Professional Education and Training (Vocational Education and Training Act, VETA) of December 13, 2002, along with all implementation decrees and framework curricula, the Education Act of June 6, 2002, the Ordinance on Vocational Education of March 17, 2009, and other cantonal decrees as well as intercantonal agreements concerning vocational training.

1. The Main Department of Universities is responsible for the sponsorship of the University of Basel, the University of Applied Sciences and Arts Northwestern Switzerland, and the Swiss Tropical and Public Health Institute, as well as for the financial support of the Volkshochschule Foundation.

2. ...

3. Its responsibilities particularly arise from

a. * the Federal Act on the Promotion of Universities and the Coordination in the Swiss Higher Education Sector (Higher Education Promotion and Coordination Act, HEdA) dated September 30, 2011, including all implementing ordinances; the agreement between the Cantons of Basel-Landschaft and Basel-Stadt on the joint sponsorship of the University of Basel dated June 27, 2006; the agreement between the Cantons of Aargau, Basel-Landschaft, Basel-Stadt, and Solothurn concerning the University of Applied Sciences and Arts Northwestern Switzerland (FHNW) dated November 9, 2004; the agreement between the Cantons of Basel-Landschaft and Basel-Stadt on the joint sponsorship of the Swiss Tropical and Public Health Institute dated April 5, 2016; the foundation statute of the Volkshochschule and Senior Citizens’ University Foundation of both Basels (VHS BB) dated August 28, 2002; as well as other inter-cantonal agreements pertaining to the university sector.

b. * ...

1. The Main Division Career Center is responsible for the cantonal tasks in the fields of vocational, academic, and career counseling as well as general continuing education.

2. The tasks arise in particular

a. for vocational, academic, and career counseling from the Federal Act on Vocational and Professional Education and Training (Vocational Education and Training Act, VETA) of December 13, 2002, along with all implementation decrees, the Education Act of June 6, 2002, the Ordinance on Vocational Education and Training of March 17, 2009, and other cantonal decrees;

b. for General Continuing Education from the Federal Act on Continuing Education (WeBiG) of June 20, 2014, and the Federal Act on Foreign Nationals and Integration (Foreign Nationals and Integration Act, FNIA) of December 16, 2005, along with all their implementation decrees, the Education Act of June 6, 2002, the Ordinance on General Continuing Education Basel-Landschaft (AWeBiV BL) of November 28, 2017, the Act on the Introduction of the Integration Provisions of the Federal Act on Foreign Nationals (Integration Act) of April 19, 2007, and the Ordinance to the Integration Act (Integration Ordinance) of December 18, 2007.

1. The Staff Unit BMH is responsible, in collaboration with the main departments, for the areas of finance, monitoring, political affairs, organizational and strategic development, project management, and communication within the BMH.

2. Its responsibilities arise from the legal foundations applicable to the main departments pursuant to § 32 paragraph 2, § 33 paragraph 3, § 34 paragraph 3, and § 34a paragraph 2.

1. The Sports Office is divided into the following departments

a. Services and Events;

b. Sports Promotion.

1. The Sports Office handles all tasks and business matters assigned to the Directorate in the areas of general sports promotion, sports policy, and sports development, particularly concerning children's, youth, and adult sports, as well as the Swisslos Sports Fund.

2. Its tasks are derived from the Sports Promotion Act of March 7, 1991, the Ordinance on Sports Promotion of February 9, 2021, the Ordinance on the Swisslos Sports Fund of January 21, 2020, and the Federal Act on the Promotion of Sports and Exercise (Sports Promotion Act, SpoFöG) of June 17, 2011.