1. État, peuple, "Authorities" 10. Constitution and Other Fundamental Acts

1 This agreement contains the provisions governing, within the field of compulsory education, technical, financial, administrative, and legal issues related to the transfer of the municipal commune of Moutier (hereinafter: "the commune of Moutier") into the Republic and Canton of Jura (hereinafter: "the canton of Jura").

2 It specifically regulates the legal framework applicable to the provision of compulsory schooling (primary and secondary level I), the status of teaching staff within compulsory education, and the financing of these matters.

1 "Transfer date" means the date on which the municipality of Moutier is integrated into the canton of Jura.

2 "Transition date" means the beginning of the school year following the transfer date, namely August 1, 2026.

3 "Transitional phase" means the period between the transfer date and the transition date.

4 "Moutier students" means children residing in the municipality of Moutier.

5 "Bernese students" means children residing in the municipalities of the canton of Bern.

1 The municipality of Moutier transitions from the Bernese legal order to the Jurassian legal order from the date of transfer in accordance with Article 3 of the agreement on the transfer of Moutier, except, during the transitional phase, with regard to the compulsory school offering, the status of teaching staff, and the financing of these matters.

2 Subject to paragraph 3, pending public law procedures before the authorities of the municipality of Moutier or before the Bernese cantonal authorities at the date of transition shall continue before these authorities, in accordance with Bernese law, until the decisions become final.

3 Procedures initiated during the transitional phase concerning the place of schooling of pupil residents of Moutier from the date of transition or their admission to a specialized institution from the date of transition are to be handled by the competent Jurassian authority in accordance with Jurassian law.

Students who, at the time of the transfer, are attending secondary level I in the commune of Moutier will complete this level in that commune, including in the event of repeating a year.

1. Students attending the 8th year HarmoS in the municipality of Moutier at the date of the transfer are directed towards the Jura secondary school level according to the results obtained from the orientation procedure conducted under Bernese law.

2. Students who, according to Bernese law, would be part of the section preparing for maturity school (section p) choose between options 1, 2, 3, or 4 as provided by Jura law, those who would be part of the modern section (section m) have the choice between options 3 and 4, and those who would be part of the general section (section g) are assigned to option 4.

1. Students attending the 9th or 10th HarmoS grade in the municipality of Moutier at the date of the transfer shall integrate into the Jura school system on the date of transition with the same levels they would have according to Bernese law.

2. Students who, according to Bernese law, would be part of the section preparing for maturity schools (section p) may choose between options 1, 2, 3, or 4 provided by Jura law; those who would be part of the modern section (section m) have the choice between options 3 and 4, and those who would be part of the general section (section g) are assigned to option 4.

3. Bernese students attending the 10th HarmoS grade in the municipality of Moutier at the date of the transfer may join the bilingual program of the Bienne Gymnasiums for the school year starting on the date of transition if they meet the necessary conditions.

4. Students from Moutier attending the 9th or 10th HarmoS grade at the date of the transfer may join, for the school year starting on the date of transition or the following year, either the bilingual program of the Bienne Gymnasiums or the bilingual gymnasial program common to the cantons of Basel-Country and Jura if they meet the necessary conditions.

1 The Canton of Jura assumes, as of the date of transfer, the special education measures established by the Canton of Bern and reassesses them as necessary, on a case-by-case basis, according to the law of Jura.

2 It implements them according to the law of Jura.

1 The educational materials and resources used up to the transition date are ordered and supplied according to the Bernese process.

2 The educational materials and resources that will be used after the transition date are ordered and supplied according to the Jurassian process.

1. The employment relationships of the teaching staff of the municipality of Moutier are governed by Bernese law until the day before the date of transition. Paragraph 5 is reserved.

2. The working hour balances of the teaching staff taken over by the canton of Jura are reset to zero.

3. Positive working hour balances on the day before the date of transition are paid in accordance with Bernese law. Negative hours existing on the same date are settled without compensation.

4. Employment offers from the canton of Jura from the date of transition are considered by Bernese authorities as job offers within the canton under Article 32, paragraph 1, of the Bernese Personnel Law of September 16, 2004 (hereinafter: "LPers").

5. If an employment relationship cannot end or be terminated on July 31, 2026, due to a period stipulated in Article 28 LPers, it remains subject to the Bernese legal order beyond July 31, 2026, and automatically ends at the next possible termination date. An early termination of the employment relationship by the teacher remains reserved.

1 The Canton of Bern shall continue to cover, during the transitional phase, the salaries of the teaching staff and the members of school management.

2 Both cantons shall apply by analogy the regional school convention of November 23, 2007, concerning the reciprocal hosting of students and the payment of contributions (hereinafter referred to as "RSC 2009"), subject to any contrary provisions of this agreement.

3 The accounts and allocation of costs shall be calculated on a pro rata temporis basis.

4 The settlements between the Canton of Bern and the municipality of Moutier shall be completed no later than November 30, 2026.

1 During the transitional phase, the canton of Jura pays the canton of Bern for the Prévôt students attending school in Moutier the contribution defined in the CSR 2009, reduced by the contribution towards operating and school infrastructure costs, which amounts to 25 percent of the contribution for a student attending a regular class.

2 The contribution towards operating and school infrastructure costs for the transitional phase is defined by Jura law and assumed by the public entity it designates.

3 During the transitional phase, the canton of Jura covers the funding of costs concerning the Prévôt students attending a specialized institution.

4 For Prévôt students who attend the first year of the bilingual program in the Bienne High Schools on the transfer date, the municipality of Moutier pays the canton of Bern for the months of the school year from August 1st preceding the transfer date until the day before it the contributions defined in Article 24c of the Bernese law of November 27, 2000, on financial equalization and charge compensation. The agreement of June 30 and July 6, 2015, between Bern, Jura, and Neuchâtel on contributions to teaching costs applies to the transitional phase.

1 For the transitional phase, the Canton of Bern shall pay to the municipality of Moutier for Bernese students enrolled in Moutier a contribution towards the operating and infrastructure costs of schooling, which amounts to 25 percent of the contribution for a student attending a regular class.

2 Beyond the transition date, the Canton of Bern shall pay to the Canton of Jura for Bernese students enrolled in Moutier the contribution defined in CSR 2009 until the completion of their education as per Article 4. The Canton of Jura shall pay to the municipality of Moutier, for operating and infrastructure costs, an amount equivalent to 25 percent of the contribution for a student attending a regular class.

1 The cantonal contribution to financing the full-day school for students from Prévôté is assumed by the Canton of Bern from August 1 preceding the date of the transfer until said date.

2 It shifts to the responsibility of the Canton of Jura during the transitional phase.

3 It is covered by the Canton of Bern for the entire school year for Bernese students.

4 The accounting is carried out by no later than November 30, 2026.

5 From the date of transition, Bernese students completing Secondary Level I in the municipality of Moutier, in accordance with Article 4, have the right to be accommodated in the Jurassian student reception units. The costs for families residing outside of the Canton of Jura are determined analogously by Article 12b of the Jurassian decree concerning the tariff of childcare institutions for billing to parents. These costs are billed to the municipality of residence. They are internally borne by the Canton of Bern, with each party—the parents, the municipality, and the Canton of Bern—responsible for one-third.

The Canton of Bern is authorized to delegate to the body responsible for the schooling program of the Adolescent Psychiatric Inpatient Unit at Moutier Hospital, in accordance with Bernese law and no later than July 31, 2027, the task of providing the special compulsory school program and to enter into a service contract with it.

This agreement enters into force on July 1, 2025.