Legislator Case Law & Legislation
213.1 VSG CH-SG

Primary Education Act (VSG) - Scope (VSG)

159 Articles / Provisions · Switzerland · Canton of St. Gallen
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Table of Provisions (159)

Art. 1 VSG - Scope Art. 2 VSG Art. 3 VSG - Educational and Instructional Mandate Art. 4 VSG - School Authority Art. 6 VSG - Allocation of Border Areas Art. 7 VSG - Organization and Administration Art. 8 VSG - Duties Art. 9 VSG Art. 10 VSG - Voluntary Tasks Art. 11 VSG - School Facilities Art. 13 VSG - Tasks Art. 14 VSG - Curriculum Art. 15 VSG - School Experiments Art. 16 VSG - Religious Education Art. 17 VSG - School Time Art. 17bis VSG - Special Events Art. 18 VSG - School Holidays Art. 19 VSG - Timetable Art. 19bis VSG Art. 19ter VSG - Complementary School Care Art. 20 VSG - Additional Offers Art. 20bis VSG Art. 21 VSG Art. 22 VSG - b) Development and Delivery by the Canton Art. 23 VSG - c) Determination and Issuance by the School Authority Art. 24 VSG - Teaching Aids Art. 25 VSG - Library Art. 26 VSG - Classes Art. 27 VSG - b) Size Art. 28 VSG Art. 29 VSG - 2. in Upper School Art. 30 VSG - Assessment Art. 31 VSG Art. 31bis VSG - Skipping a Grade Art. 32 VSG - Accident Insurance Art. 33 VSG - School Regulations Art. 34 VSG Art. 34bis VSG Art. 35 VSG Art. 35bis VSG - b) Regular School or Special School Art. 35ter VSG - c) Regular School or School for the Highly Gifted Art. 36 VSG Art. 36bis VSG Art. 37 VSG Art. 37bis VSG - b) Provision Concept for Special Education Art. 37ter VSG - c) Hearing, Issuance, and Approval Art. 38 VSG Art. 39 VSG - b) Private Special Schools Art. 39bis VSG - 2. Financing Art. 39ter VSG - 3. Regulation Art. 40 VSG - c) Canton 1. Approval Art. 40bis VSG - 2. Performance Agreements Art. 40quater VSG Art. 40ter VSG Art. 41 VSG - Duty of Assistance Art. 43 VSG Art. 43bis VSG - a bis) City of St.Gallen Art. 44 VSG - b) Cooperation Art. 45 VSG Art. 46 VSG - b) Postponement and Deferment Art. 48 VSG - Duration Art. 49 VSG - b) Early Release Art. 49bis VSG - Content Art. 51 VSG - Claim Art. 52 VSG Art. 53 VSG - b) Attendance at External Schools Art. 53bis VSG - c) Attendance at a School for the Gifted Art. 53ter VSG - Tuition Fees for Civil Law Placement within the Canton Art. 54 VSG Art. 54bis VSG - Clothing Art. 55 VSG - Disciplinary Measures Art. 55bis VSG Art. 55ter VSG Art. 56 VSG - Principle Art. 57 VSG - Permanent Employment Contract Art. 58 VSG - Fixed-term Employment Relationship Art. 59 VSG - Entity Art. 60 VSG - Equivalent Qualification Art. 61 VSG - Prohibition of Profession Art. 62bis VSG - Introduction to the Profession Art. 63 VSG - Announcement of Positions for Teaching Staff Art. 64 VSG - Justification Art. 67bis VSG - Termination of the Permanent Employment Relationship Art. 68 VSG - b) by the Teacher Art. 68bis VSG - c) in the Case of Division of a Workload Art. 68ter VSG Art. 71bis VSG - Protection Against Termination Art. 72 VSG Art. 73 VSG Art. 74 VSG - c) by transition into retirement Art. 74bis VSG - d) in case of division of an employment percentage Art. 75 VSG - Wage Art. 76 VSG - Duty of Education and Instruction Art. 78bis VSG - Working Hours and Holidays Art. 78quater VSG Art. 78quinquies VSG - b) Additional Instruction Art. 78sexies VSG - c) Employment Contract Art. 78ter VSG - Professional Mandate Art. 79 VSG - Continuing Education Art. 80 VSG - Secondary Employment Art. 81 VSG - Principle Art. 86bis VSG - Principle Art. 86quater VSG - b) Opening of the Closure Art. 86ter VSG - Conciliation Procedure Art. 87 VSG Art. 88 VSG - b) Assemblies Art. 89 VSG - c) Tasks Art. 90 VSG - Educational Commissions Art. 91 VSG Art. 91bis VSG - Applicable Law Art. 91quinquies VSG - Personnel Pool Art. 92 VSG Art. 93 VSG - b) Teacher and Parents Art. 94 VSG - Information on Performance and Conduct Art. 95 VSG Art. 96 VSG - Responsibility for School Attendance Art. 96bis VSG Art. 97 VSG Art. 98 VSG - Position and Tasks Art. 99 VSG - Agreements Art. 99bis VSG - Public Health Measures Art. 100 VSG Art. 100bis VSG - Election Art. 101 VSG - President and Secretary Art. 102 VSG - Expert Committees Art. 103 VSG - Position and Tasks Art. 110bis VSG - Organization Art. 110quater VSG - Resolution Art. 110ter VSG - Incompatibility Art. 111 VSG Art. 112 VSG Art. 113 VSG - 2. to Expert Committees Art. 114bis VSG - Principles Art. 114quater VSG - Organization and Financing Art. 114ter VSG - Visit Art. 115 VSG - Supervision Art. 116 VSG Art. 117 VSG - b) Granting Art. 118 VSG - 2. Private Schools for Foreign Children Art. 119 VSG - 3. Measures and Revocation Art. 120 VSG - Teaching Personnel Art. 122 VSG - Obligation to Report Art. 123 VSG - Private Individual Instruction Art. 124 VSG - Private Special Schools Art. 125 VSG Art. 127 VSG - Orders and Decisions of Commissions with School Board Authority Art. 128 VSG Art. 129 VSG - b) Appeal Body for the Public School Art. 130 VSG - c) Education Council Art. 131 VSG - Penal Provision Art. 132 VSG Art. 139 VSG - Repeal of Existing Law Art. 140 VSG Art. 141 VSG Art. 142 VSG - c) Term of Office of Elected Teachers Art. 143 VSG - d) Protection of Acquired Rights for Teachers Art. 144 VSG - e) Private Schools Art. 145 VSG - Commencement of Enforcement Art. 146 VSG

Statutory Text (159 Articles)

I. General Provisions

1. This law applies to public elementary schools.

1bis For recognized private special schools, as part of the public elementary school system, the following apply

a) the provisions of this law concerning special educational measures;

b) in the application of the provisions of this law concerning special educational measures, the other provisions of this law shall apply accordingly.

2. This law regulates the supervision of private education by the canton.

I. General Provisions

1. The public school consists of the school types kindergarten, primary school, lower secondary school, and secondary school.

2. Kindergarten encompasses the first two school years.

3. Primary school encompasses six school years.

4. The lower secondary school and secondary school encompass three school years as the upper level.

I. General Provisions

1. The primary school supports parents in raising the child to become a positive, capable, and community-oriented individual. It is conducted according to Christian principles.

2. It promotes the diverse and varied talents and emotional strengths of the female and male students. It imparts fundamental knowledge and skills, provides access to different areas of culture, and encourages independent thinking and action.

3. It educates the female and male students according to the principles of democracy, freedom, and social justice within the framework of the rule of law to become responsible individuals and citizens.

II. School Authorities - 1. General

1. The political municipalities and the school municipalities are responsible for the public primary school.

2. If a school municipality only runs a part of the primary school, it constitutes itself as a primary school municipality or an upper-grade school municipality. It may include the types of schools it operates in its name.

3. The Catholic denomination can operate a secondary school and a real school as an upper-grade school municipality in the political municipality of St.Gallen.

II. School Sponsors - 2. School Districts

1. The Education Council may, in the interest of the students, allocate parts of a school community, such as individual houses, hamlets, or districts, to another school community.

II. School Sponsors - 2. School Districts

1. Organization and Administration of the School Community are governed by the Municipal Law [7], unless this law provides otherwise.

II. School Sponsors - 2. School Communities

1. The primary school district manages the kindergarten as well as regular classes and special classes of the primary school.

2. ...

3. It ensures that its students attend secondary school.

II. School Sponsors - 2. School Communities

1. The upper-level school community operates the standard classes of the secondary school and the middle school, as well as small classes of the secondary school.

2. ...

II. School Authorities - 3. Joint Provisions

1. The school authority may undertake voluntary tasks within the scope of the general educational purpose. It may promote parental education.

2. ...

II. School Authorities - 3. Joint Provisions

1. The school authority procures and maintains the necessary school facilities.

2. It makes the facilities available for use by third parties, insofar as the school operation permits. The council issues a usage regulation.

III. School - 1. Fundamentals

1. The kindergarten prepares for primary school, the primary school for secondary school, the secondary general school for secondary school and vocational training, and the secondary school for vocational training and high school.

III. School - 1. Foundations

1. The Curriculum Determines

a) Areas of instruction according to content and number of lessons;

b) Educational and learning objectives;

c) The weekly instructional time.

2. It takes into account the diverse educational needs.

3. It is issued by the Education Council and requires the approval of the government.

III. School - 1. Fundamentals

1. Notwithstanding the curriculum, pilot projects may be conducted at individual schools. They must not jeopardize the achievement of educational and learning objectives.

2. The Education Council orders these projects with the consent of the Council. They are to be limited in duration, monitored, and evaluated.

III. School - 1. Fundamentals

1. Religious instruction is the responsibility of the authorities of religious communities recognized as public law entities.

2. The school authority provides the premises for conducting religious instruction free of charge and incorporates the lessons specified in the curriculum into the schedule.

III. School - 2. School Organization and Instruction

1. The school year comprises two semesters with a total of at least 39 school weeks.

2. The following commence

a) the school year and the first semester on August 1;

b) the second semester on February 1.

3. The Board of Education determines the start of classes in the semester. The competent authority of the canton may grant exceptions.

III. School - 2. School Organization and Instruction

1. The council may order or approve special events as part of the mandatory curriculum.

2. It

a) involves parents in the costs, insofar as they incur savings;

b) may exempt students from participation for important reasons. Those exempted from participation will be engaged in meaningful educational activities.

III. School - 2. School Organization and Instruction

1. The school holidays amount to a total of 13 weeks.

2. They are determined by

a) the Educational Council for twelve weeks;

b) the Council for one week.

III. School - 2. School Organization and Instruction

1. The timetable is designed by the teacher and issued by the council.

2. The Education Council issues regulations regarding the allocation of weekly teaching time.

3. In kindergarten and primary school, lessons are taught in block times in the morning. The Education Council may issue regulations concerning additional block times.

III. School - 2. School Organization and Instruction

1. The school authority provides students with either a suitable healthy meal or a lounge where they can consume food they have brought with them during midday, unless the political municipality fulfills this task.

2. The council may require a contribution from the parents towards the costs.

III. School - 2. School Organization and Instruction

1. The school authority provides supplementary care for students in kindergarten and primary school according to demand, insofar as the political municipality does not fulfill this task. The offer includes at least

a) the time span from Monday to Friday from 7 a.m. to 6 p.m.;

b) the school weeks and eight weeks of school holidays.

2. The school authority prepares a quality concept.

3. Attendance at the supplementary care is voluntary for students.

4. The school authority may require parents to contribute to the costs.

III. School - 2. School Organization and Instruction

1. The Education Authority is responsible for

a)* the transportation of students with an unreasonable distance to school. There is no entitlement to transportation

1.* home before noon and back to school after noon if the local municipality or the education authority has provided a lunch program;

2.* from home to supplementary school care and from there back home;

b) ...

c)* the supervision of students during lunch and waiting periods.

III. School - 2. School Organization and Instruction

1. The school authority provides students of the primary schools and cantonal vocational schools residing in the Canton of St. Gallen with access to voluntary instrumental and vocal lessons.

2. The fee is determined according to Art. 12a of the Federal Act on the Promotion of Culture dated December 11, 2009.

III. School - 2. School Organization and Instruction

1. The Education Council establishes quality criteria for teaching materials.

2. The school authorities recommend teaching materials based on the quality criteria in paragraph 1 of this provision. They consult with each other in an appropriate manner and include the professional assessment of the competent department in their decision-making process.

III. School - 2. School Organization and Instruction

1. The canton may develop educational materials and provide them to the school authorities free of charge.

2. For educational materials that the canton provides to the authorities of recognized private special schools, it bears the costs.

3. For the creation, procurement, and distribution of educational materials, the canton maintains its own accounts on a full-cost basis. Profits and losses are carried forward to the next account.

III. School - 2. School Organization and Instruction

1. The school authority determines the teaching materials and provides these along with the consumables. It bears the costs for this.

2. The council may require parents to contribute to the costs for subjects and courses that require extraordinary material expenditure.

III. School - 2. School Organization and Instruction

1. The school authority acquires and maintains teaching aids, such as technical devices and visual materials.

2. The standard inventory designated by the Education Council is decisive.

III. School - 2. School Organization and Instruction

1. The school authority maintains a library for students as well as a library for teachers.

2. The library for students can be operated jointly with other institutions.

III. School - 2. School Organization and Instruction

1. The council forms the classes and assigns them to the teaching staff.

III. School - 2. School Organization and Instruction

1. The number of students in a class is as follows

a) in regular classes of primary and secondary schools, 20 to 24 students;

b) in regular classes of secondary modern schools, 16 to 24 students;

c) in small classes, 10 to 15 students.

2. Deviations from the number of students as outlined in paragraph 1 of this provision may be made for organizational or educational reasons.

3. The government shall issue regulations regarding

1. the number of students in kindergarten;

2. compensatory measures for classes in which the maximum number according to paragraph 1 of this provision is exceeded;

3. the number of students in instruction outside of the class structure.

III. School - 2. School Organization and Instruction

1. In the primary school, a teacher shall not be assigned more than three grade levels.

2. If the minimum class size is not reached, students from different school locations or buildings within the school district shall be combined.

3. Exceptions require the approval of the competent authority of the canton.

III. School - 2. School Organization and Instruction

1. In the upper secondary level, instruction is given in grade-level classes. The Education Council may exceptionally approve mixed-age classes if they ensure the continuation of the upper secondary level within the school authority and maintain the quality of instruction.

2. ...

3. In the upper secondary level, instruction can be given in mixed-type grade-level classes with the approval of the competent authority of the canton. Approval is granted if an appropriate organizational and pedagogical concept for mixed-type instruction is available.

4. In the upper secondary level, instruction can be conducted in ability groups.

5. The Education Council issues implementing regulations.

III. School - 2. School Organization and Instruction

1. Performance in each subject area is assessed on the report card using whole and half grades. Exceptions require the approval of the Education Council.

2. The government regulates by decree

a) the grade values for assessing performance in each subject area;

b) the evaluation of work, learning, and social behavior.

3. The Education Council determines by regulation the period to which the assessment of performance in each subject area and the evaluation of work, learning, and social behavior refer.

III. School - 2. School Organization and Instruction

1. The Education Council regulates by decree

a) the promotion to the next higher class at the end of the school year;

b) the repetition of classes;

c) the transition to the upper level;

d) the transition from a private school to a public school;

e) the transfer between a secondary school and a middle school.

2. For the assignment to a secondary or middle school, the assessment of the student by the current teacher is to be considered.

III. School - 2. School Organization and Instruction

1. The council may allow exceptionally gifted and socially mature students to skip a grade with the consent of the parents and after consulting the teacher.

2. The teacher and the school psychologist have the right to submit an application.

III. School - 2. School Organization and Instruction

1. The government may issue regulations by decree regarding the obligation of the school authority to insure the student against accidents occurring during school operations, at school events, and on the way to and from school.

III. School - 2. School Organization and Instruction

1. The School Regulation contains supplementary provisions regarding the local operation of the school as well as the rights and duties of those involved in the school operation.

2. It may include provisions regarding the behavior of female and male students outside the school, insofar as it is required by the educational mandate or the operation of the school.

3. It is enacted by the council.

III. School - 3. Special Education Measures a) General Provisions

1. Special Educational Measures support children with special educational needs, particularly those with learning difficulties, developmental delays or impairments, disabilities, or exceptional talents.

a)* ...

b)* ...

c)* ...

2. ...

3. ...

III. School - 3. Special Education Measures a) General Provisions

1. Special educational measures support school-age children.

2. Subject to the following provisions

a)* special pedagogical early intervention before mandatory schooling, particularly when a delay or impairment in development or a disability is expected to limit the ability to follow lessons. Special pedagogical early education can also support children attending kindergarten;

b)* vocational follow-up support after completing the third lower secondary class;

c)* continued special education after compulsory schooling, as long as integration into the workforce or society can generally be improved, but no longer than the end of the school year following the completion of the 20th year of age. Federal benefits remain reserved.

III. School - 3. Special Education Measures a) General Provisions

1. Special educational measures are guided by the needs of the children in fulfillment of the educational and teaching mandate, taking into account the efforts of the school authority and the canton.

2. A child with proven needs is entitled to a corresponding measure.

3. Special educational measures are generally imposed for a limited period.

III. School - 3. Special Education Measures a) General Provisions

1. Students with special educational needs attend a regular class or a small class if

a)* they can benefit from the instruction and perceive the social structure of the class;

b)* attending is suitable, necessary, and reasonable for fulfilling the educational and instructional mandate;

c)* there are no overriding interests of the class or the environment against it.

2. The canton ensures disability-specific counseling and support.

3. If the prerequisites according to paragraph 1 of this provision are not met, students with special educational needs attend a special school. The responsible department and the special schools jointly ensure that each student for whom attendance at a special school has been ordered is provided with a corresponding place.

III. School - 3. Special Education Measures a) General Provisions

1. Students with special talents attend the regular class unless they are permitted to attend a school for the gifted due to special circumstances.

III. School - 3. Special Education Measures a) General Provisions

1. The council decides on

a) special needs early childhood education for children attending kindergarten, special education measures in mainstream schools, including kindergarten, and attendance at a special needs school;

b) the competent cantonal authority provides special needs early support before compulsory schooling, disability-specific advice and support, as well as continued special education after compulsory schooling.

2. If the council decides on attendance at a special needs school, it determines, in consultation with the parents and the special needs school, the appropriate special needs school. If the parents reject residential placement and the council considers it to be in the urgent interest of the child, it requests the Child and Adult Protection Authority to order residential placement.

3. The special needs school admits the student within the framework of the cantonal special education concept and the concluded performance agreement.

III. School - 3. Special Education Measures a) General Provisions

1. The council obtains the opinion of the central assessment body before ordering attendance at a small class or a special school.

2. The education council may require that the council obtain the opinion of the central assessment body before ordering individual learning objectives or exemption from curriculum content.

3. The central assessment body and its staff do not themselves implement special education measures.

III. School - b) Cantonal Special Education Concept

1. The cantonal special education concept implements the principles of this law regarding special education measures.

2. It particularly regulates

a)* the further foundations of special education in terms of professional-pedagogical and organizational-operational aspects;

b)* the foundations of support concepts and planning by the school authority and special schools;

c)* outcome-oriented instruments for monitoring and managing special education measures. Expenditures of the school authority for special education measures are bound when they comply with the requirements of the instruments or are specified in individual cases;

d)* the foundations for the activities of the central assessment office;

e)* the professional duties of teachers and school staff;

f)* the conditions and procedure for authorizing the exceptional attendance of an out-of-canton special school.

3. ...

III. School - b) Cantonal Special Education Concept

1. For special education instruction, the cantonal special education concept includes a provision plan.

2. The provision plan

a) encompasses the needs and offerings assessment as well as location and occupancy planning;

b) serves as the basis for the recognition of private special schools and the service agreements with them;

c) is subject to review, reporting, and adjustment concerning effectiveness.

III. School - b) Cantonal Special Education Concept

1. The Education Council issues the cantonal special education concept in professional-pedagogical terms, while the responsible department does so in organizational-operational terms. Before issuing it, they consult with the school authorities and the recognized private special schools, as well as, additionally, with the political municipalities regarding the provision concept for special school instruction.

2. The concept requires approval from the government. It decides in cases of disagreement between the professional-pedagogical and organizational-operational contents.

III. School - b) Cantonal Special Education Concept

1. The school authority implements the special education measures of the regular school.

2. The Council

a)* enacts the support concept and the support planning of the school authority;

b)* employs the instruments for monitoring and managing the special education measures.[17]

III. School - b) Cantonal Special Education Concept

1. Recognized private special schools conduct special education.

2. The competent department may recognize a private special school according to the provisions of the supply concept for special education.

III. School - b) Cantonal Special Education Concept

1. The canton bears the expenses of the recognized private special school for fulfilling the performance agreement, deducting contributions from parents and taking into account the maintenance and renovation of infrastructure.

2. It grants performance-based flat rates. The special school manages a fluctuation fund to balance the operating result achieved in fulfilling the performance agreement.

3. The school sponsor annually pays the canton a flat-rate contribution of CHF 40,000 per compulsory school-age pupil in a special school. The responsible department adjusts the contribution annually to the development of the average costs of attending a special school, including a boarding school, in the canton.

4. The competent political municipality covers the parental contributions according to paragraph 1 of this provision, to the extent they are irrecoverable. Article 43 paragraph 1 letter b of the Social Assistance Act of September 27, 1998, is applied accordingly.

III. School - b) Cantonal Special Education Concept

1. The government issues detailed regulations by ordinance regarding the recognition and financing of private special schools.

III. School - b) Cantonal Special Education Concept

1. The competent authority of the canton approves the educational support concepts of the school sponsor.

III. School - b) Cantonal Special Education Concept

1. The competent department concludes the service agreement

a) with the recognized private special schools in accordance with the provision plan for special school education[21];

b)* with the central assessment center. It requires the approval of the Education Council.

III. School - b) Cantonal Special Education Concept

1. When attending out-of-canton special schools under the framework of intergovernmental agreements, Article 39bis paragraph 3 of this law shall apply.

III. School - b) Cantonal Special Education Concept

1. The government may determine by ordinance that the canton shall operate a public special school if a pressing need for care cannot be met by recognized private special schools.

2. The provisions of this law regarding the financing of recognized private special schools shall be applied correspondingly for attending a special school operated by the canton.

III. School - 4. Educational Services

1. The school authority shall establish a homework assistance program if needed. It may collaborate with private organizations.

2. The use of the homework assistance is voluntary. The council regulates the parents' contribution to costs.

III. School - 4. Educational Services

1. The canton and school authorities jointly ensure the provision of school psychological services.

2. They equally share the costs of basic services. The school authorities may purchase additional services.

3. ...

III. School - 4. Educational Services

1. The City of St.Gallen may independently provide for psychological services for schools.

2. Article 43 paragraph 2 of this law shall be applied accordingly.

III. School - 4. Educational Services

1. The school psychological services collaborate with similar institutions and coordinate the measures.

IV. Pupils - 1. Compulsory Education

1. The child becomes compulsory school age on August 1st following the completion of their fourth year of age.

IV. Students - 1. Compulsory School Attendance

1. The council may, after consulting the parents and the teacher

a) defer the commencement of compulsory schooling by one year;

b) delay the student by one year within the first three months of the school year.

2. The teacher, school psychologist, and school doctor are entitled to submit an application.

IV. Students - 1. Compulsory Education

1. Compulsory education lasts until the completion of the third upper secondary class.

2. The attendance of special educational and care facilities, as well as the integration course for non-native speaking youth, remains reserved.

IV. Students - 1. Compulsory Education

1. The Council

a) releases students from compulsory schooling at the request of the parents, if they have attended senior classes for three years;

b) may release students from compulsory schooling for important reasons, if they have attended school for eleven years.

IV. Students - 1. Compulsory Education

1. The student shall attend all mandatory subjects and classes. An exemption or leave of absence may be granted for important reasons in individual cases. An exemption or leave of absence is only permissible if satisfactory primary education is ensured.

IV. Students - 2. School Attendance

1. The child residing in the canton has the right to attend the public school or recognized private special school that corresponds to their abilities and whose requirements they meet.

IV. Pupils - 2. School Attendance

1. The student must attend the public school at the location where he or she resides.

IV. Students - 2. School Attendance

1. The council may permit or mandate attendance at a school outside the area if special reasons, such as unreasonable travel distances or sensible class organization, justify it.

2. The school authority shall accept students from other school districts upon payment of reasonable school fees, provided space allows.

3. The school authority at the location where the student resides is responsible for covering the school fees for attending an out-of-district school.

IV. Students - 2. School Attendance

1. The Council permits attendance at a school for the gifted if

a) a giftedness cannot be fully developed at the public school at the place of residence;

b) the school fulfills the educational mandate and is publicly recognized at the location.

2. The government shall designate by regulation

1. the requirements for attending a school for the gifted;

2. the recognized schools and the contribution of the school sponsor to the tuition fees.

IV. Students - 2. School Attendance

1. In cases of external civil law placement of a child or adolescent into a children's or youth home or with a foster family within the canton, the educational authority at the civil law residence of the student shall pay the school fees to the educational authority at the location where the student is placed.

2. ...

IV. Students - 3. Conduct

1. The student must conduct themselves decently and considerately both in school and in public.

IV. Students - 3. Conduct

1. The student must dress appropriately at school so that the lessons are not disrupted and the school peace is not endangered.

2. The Education Council shall issue implementing regulations.

3. The Council may issue supplementary provisions in the school rules or in another regulation.

IV. Students - 3. Conduct

1. For students whose behavior gives cause for complaints, an external school visit or other educationally appropriate disciplinary measures may be imposed.

2. As the most severe measure, the council may order expulsion from the school. The right to attend a special educational and care facility is reserved.

IV. Students - 3. Conduct

1. The council may, with the consent of the competent cantonal authority, provide for attendance at a specialized educational and care institution for students who have been expelled from school.

2. It notifies the Child and Adult Protection Authority. This authority decides whether the student must be admitted to the specialized educational and care institution pursuant to the provisions of the Swiss Civil Code regarding child protection and custodial placement.

3. Attendance is credited towards compulsory schooling.

IV. Students - 3. Conduct

1. The canton operates the special teaching and care facility. The Education Council issues, and the government approves the education plan.

2. The school authority and the canton each bear half of the costs after deducting a federal contribution. The school authority can demand a contribution from the parents.

V. Teachers - 1. General Provisions

1. Instruction is provided by teachers with permanent or fixed-term employment contracts.

V. Teachers - 1. General Provisions

1. An indefinite employment contract is established when the teacher occupies a permanent position and holds a recognized teaching diploma or an equivalent qualification for the instruction provided.

V. Teachers - 1. General Provisions

1. A fixed-term employment relationship is established when the teacher occupies a non-permanent position or when they do not possess a recognized teaching diploma or an equivalent qualification for the assigned teaching, but can demonstrate adequate training and meet the personal requirements.

V. Teaching Staff - 1. General Provisions

1. The position is permanent if, upon the establishment of the employment relationship, it is anticipated that future student numbers will require its retention.

a)* ...

b)* ...

c)* ...

2. In the case of substitution, the position is not permanent.

V. Teaching Staff - 1. General Provisions

2. The Education Council determines whether a qualification is equivalent to a recognized teaching diploma.

V. Teachers - 1. General Provisions

1. The Educational Council shall impose an occupational ban if the suitability for teaching duties is lacking.

2. If circumstances have significantly changed, it shall order the lifting of the ban.

3. The competent authority of the canton shall report the ban and its lifting to the councils of the Canton of St.Gallen and to the competent authorities of the cantons that recognize the teaching diploma by agreement.

V. Teachers - 1. General Provisions

1. In the first year after commencing their profession, the teacher is supported by the University of Teacher Education of the Canton of St.Gallen.

2. The council appoints a teacher who advises and supports the teacher during their introduction to the profession. The Canton bears the costs.

V. Educators - 2. Commencement and Termination of Employment

1. Positions for teaching staff are publicly advertised, typically in the Official School Bulletin.

2. If the outcome is not satisfactory, the council may re-advertise the position or fill it by appointment.

V. Teachers - 2. Commencement and Termination of Employment

1. School sponsor and teacher establish the employment relationship through a written public-law contract.

2. ...

V. Educators - 2. Commencement and Termination of Employment

1. The council may terminate the employment relationship at the end of the semester.

2. This must be communicated to the teacher in writing by the end of October or April.

V. Teaching Staff - 2. Commencement and Termination of Employment

1. The teacher may terminate the employment relationship at the end of the semester.

2. She must notify the council of this in writing by the end of October or April.

3. If she shares the position with another teacher, the notification must be made by the end of September or March.

V. Teachers - 2. Commencement and Termination of Employment

1. If one of two teachers who share a position terminates the employment relationship, the council may terminate the employment relationship of the other teacher.

2. Article 67bis of this law is applied accordingly.

V. Teachers - 2. Beginning and End of the Employment Relationship

1. A fixed-term employment contract, established for longer than one semester, can be terminated in the same manner as an indefinite employment contract.

2. It concludes without notice upon the expiration of the term.

V. Teachers - 2. Beginning and End of the Employment Relationship

1. For the purposes of protection against dismissal, the Personnel Act of January 25, 2011, shall be applied accordingly.

V. Educators - 2. Commencement and Termination of Employment

1. The council may terminate the employment relationship at any time for important reasons with immediate effect or at the end of the semester.

2. Important reasons include, in particular, the inability to properly perform teaching duties, and other circumstances under which the continuation of the employment relationship cannot be reasonably expected.

V. Teachers - 2. Beginning and End of the Employment Relationship

1. The competent authority of the canton shall, upon request of the council, approve the termination of the employment relationship for health reasons.

V. Educators - 2. Commencement and Termination of Employment

1. The regular retirement of the teacher occurs at the end of the semester following the completion of the 65th year of age.

2. The teacher and the council may mutually agree to extend the employment relationship.

V. Teachers - 2. Commencement and Termination of Employment

1. For the termination of the employment relationship, Article 68bis of this law is applied mutatis mutandis.

V. Teaching Personnel - 3. Rights and Duties - a) In General

1. The teacher is entitled to the salary determined by specific legal provisions.

V. Teachers - 3. Rights and Duties - a) In General

1. The educator is responsible for promoting the fulfillment of the educational and instructional mandate through their activities and as a role model, and for conducting lessons according to the provisions of the legislation, the curriculum, and the directives of the school authority. They collaborate with their colleagues and other entities active within the school.

2. After consulting with the parents and the advisory council, the educator notifies the competent authority if special care measures seem necessary for a student.

3. Freedom of method is guaranteed, insofar as it is not limited by the curriculum and teaching materials.

V. Teachers - 3. Rights and Duties - a) In General

1. The working hours and vacation of the teaching staff are determined according to the regulations for state personnel within the framework of school organization.

2. The government shall determine by ordinance

a) the annual working hours and the annual vacation entitlement;

b) the age-related reduction in working hours in lieu of extended vacations for state personnel as they age.

3. The entitlement to paid nursing breaks is correspondingly based on Art. 60 para. 2 of the Swiss Federal Ordinance 1 to the Employment Act of May 10, 2000. The allocation of paid nursing breaks is regulated by the school authority.

V. Teachers - 3. Rights and Duties - a) In General

1. The Regulation of the Education Council

a) establishes ranges and recommends standards for the weighting of work areas;

b) determines the working hours per lesson for the work area of teaching;

c)* may authorize the council to exempt teachers with an employment rate of less than 30 percent from the work areas of students or school.

V. Teachers - 3. Rights and Duties - a) In General

1. The council may require the teacher to temporarily provide additional instruction in the field of teaching, insofar as reasonable lesson planning or the proper operation of the school necessitates it.

2. The government shall regulate by ordinance the compensation for

a) additional instruction;

b) additional work in the fields of students, school, or teacher, which cannot be compensated by weighting the work fields as an exception.

V. Teachers - 3. Rights and Duties - a) In General

1. The board and the teacher agree on the employment level and the allocation of work areas in percentages in the employment contract.

V. Teachers - 3. Rights and Duties - a) General

1. The teacher fulfills the professional mandate in the areas of work

a) Teaching;

b) Students;

c) School;

d) Teacher.

2. The Education Council defines and limits the areas of work through regulations.

V. Teachers - 3. Rights and Duties - a) General

1. The teacher is entitled and obliged to professional and pedagogical further training.

2. The canton grants contributions.

3. The council may approve further training leave.

V. Teachers - 3. Rights and Duties - a) In General

1. A time-consuming secondary occupation and the exercise of a public office require the approval of the council.

2. If significant disadvantages arise for the school, the council may refuse or revoke the approval.

V. Educators - 3. Rights and Duties - b) Personnel Measures

1. For personnel-related measures, the Personnel Act of January 25, 2011, is applied accordingly.

V. Teachers - 3. Rights and Duties - bbis.) Dispute Resolution

1. For dispute resolution, the Personnel Act of January 25, 2011, shall be applied accordingly, insofar as this law does not provide otherwise.

V. Teachers - 3. Rights and Duties - bbis.) Dispute Resolution

1. The determination that the contracting parties have reached an agreement or that the conciliation procedure has failed shall be communicated to the contracting parties and the competent department.

V. Teachers - 3. Rights and Duties - bbis.) Dispute Resolution

1. If the Conciliation Board conducts a conciliation procedure concerning personnel matters for a teaching staff member under this law, its members, in addition to the chairperson or the deputy chairperson, shall include

a)* one member and one alternate member designated by the bodies of co-responsibility, as appointed by the Education Council;

b)* one member and one alternate member designated by the Education Council as representatives of the school authorities.

V. Teaching Personnel - 3. Rights and Duties - c) Shared Responsibility

1. Organs of Co-responsibility are

a) the Cantonal Level Conventions. They comprise the teachers of a level;

b) * any other associations designated by the Education Council.

2. The Conventions convene at least once annually.

3. They organize themselves. They may delegate the conduct of the meetings to a private law teachers' organization.

V. Teaching Personnel - 3. Rights and Duties - c) Shared Responsibility

1. The conventions meet during non-instructional periods.

2. The Education Council may

a) attend the meetings;

b) require the convening of meetings;

c) oblige the teachers to participate.

3. Attendance at meetings with mandatory participation is credited towards obligations in the school work area.

V. Teaching Personnel - 3. Rights and Duties - c) Shared Responsibility

1. The conventions address school-related matters and present their positions to the competent authorities.

2. They submit proposals for the election of their representatives to the educational committees of the Education Council.

V. Teaching Personnel - 3. Rights and Duties - c) Shared Responsibility

1. Educational Commissions of the Education Council address and advise on educational and organizational issues concerning the levels, special classes, and the handicraft and home economics instruction.

2. They may submit proposals to the Education Council on matters pertaining to the level or the field of study.

3. The Education Council determines the composition of the educational commissions and prepares a duties specification.

V. Teaching Personnel - 3. Rights and Duties - c) Shared Responsibility

1. A representation elected by the teachers shall participate in meetings of the council and commissions with school board authority in an advisory capacity at minimum. The municipal regulations may provide for the participation of additional teachers.

2. Teachers, like the members of the authority, are obligated to confidentiality.

3. Recusal is governed by the Administrative Procedure Act. The council and commissions with school board authority can also request recusal if protected interests so require.

V. Teaching Staff - 4. Subject Teachers for Special Education Measures

1. The provisions of this law regarding teachers shall be appropriately applied to specialist teachers for special educational measures, insofar as this law does not contain specific regulations.

V. Educators - 5. Deployment of Educators

1. The competent department provides the school authorities with a personnel pool for the deployment of teaching staff.

2. The personnel pool serves as a guideline. Expenditures by school authorities for the deployment of teaching staff are binding, provided the personnel pool is adhered to.

3. The council reports to the competent department.

VI. Parents

1. School and parents collaborate in education and instruction. They aim their conduct towards maintaining school harmony and uninterrupted teaching.

2. The school provides information in an appropriate manner regarding important school matters, special school events, and issues that are of interest to the parents.

VI. Parents

1. The teacher maintains connections with the parents through discussions and events outside of class time and encourages their involvement in the life and instruction of the class.

2. They inform the parents about the forms of contact they offer.

VI. Parents

1. Teacher and council inform the parents and give them the opportunity for discussion when special measures need to be taken or when the child's performance or behavior gives cause for remarks.

2. The parents can request information about the child's performance and behavior and have the right to examine their work.

VI. Parents

1. Parents may visit their child's lessons at any time in agreement with the teacher.

2. The council mandates one or more visiting days annually. The teacher may set additional visiting days for the parents.

VI. Parents

1. Parents are required to ensure that the child regularly attends school and complies with directives pursuant to Article 34 of this law.

2. They may exempt the child from classes for up to two half-days per school year by providing written notification to the teacher.

VI. Parents

1. The Parents

a) are available for discussions and further contact with the teacher and school. They provide information about the child and family as required by the educational mandate;

b)* support the teacher and school in education and the implementation of school measures;

c)* ensure that the child maintains school peace, complies with the school regulations, and adheres to appropriate attire in accordance with Art. 54bis of this act.

VI. Parents

1. Parents who prevent their child from fulfilling compulsory school attendance or do not ensure the child attends school are either warned or fined by the council. The administrative fine is at least CHF 200.- for each half-day of school missed, and in total does not exceed CHF 1000.-. In severe cases, the council files a criminal complaint.

2. Parents who significantly violate their duty to cooperate are either warned or fined by the council. The administrative fine ranges from CHF 200.- to CHF 1000.-.

VII. Authorities and School Administrations - 1. Government

1. The supreme authority of the primary school lies with the government.

2. The educational council is subordinate to it.

3. ...

VII. Authorities and School Administrations - 1. Government

1. The government may enter into agreements with other cantons or states regarding

a) the publication of educational materials;

b) school attendance.

VII. Authorities and School Administrations - 1. Government

1. In the event of a special or extraordinary situation pursuant to Article 6 or 7 of the Federal Epidemics Act of September 28, 2012, the government shall order temporary and canton-wide applicable health police measures in public schools for the prevention and control of communicable diseases and other health hazards.

VII. Authorities and School Leadership - 2. Education Council

1. The Education Council directs and supervises the public school.

2. ...

2bis. In addition to the tasks assigned by law and regulation, it is responsible for strategic school development in accordance with the state's educational objectives and the educational and upbringing mandate pursuant to Art. 3 of this law.

3. It collaborates with the responsible cantonal authorities and school sponsors to process management information in monitoring reports. The government and cantonal council take note of the reports.

4. It issues rules of procedure.

VII. Authorities and School Leadership - 2. Education Council

1. The Cantonal Council elects the members of the Education Council.

2. They can be re-elected three times. The term of office ends at the latest upon reaching the age of 70.

VII. Authorities and School Leadership - 2. Education Council

1. The head of the competent department is an ex officio member of the Education Council and serves as its President.

2. The Secretary-General of the competent department participates in meetings as Secretary with an advisory vote.

VII. Authorities and School Leadership - 2. Education Council

1. The Education Council may appoint expert commissions for special tasks.

2. It prepares job descriptions.

VII. Authorities and School Management - 3. Department

1. The competent department fulfills the tasks assigned to it by law, ordinance, or decision of the government.

VII. Authorities and School Managements - 4bis. Appeal Bodies for Primary School

1. The Education Council elects four Primary School Appeal Boards and determines their jurisdictions.

2. A Primary School Appeal Board consists of five part-time members. At least one member must have completed legal studies with a licentiate or master's degree in accordance with Art. 7 para. 1 letter a of the Federal Attorneys Act of June 23, 2000.

2bis. The term of office begins on September 1 of the year in which the cantonal term of office begins according to the Law on Term of Office of January 8, 2004, and lasts four years.

3. The term of office ends no later than the completion of the 70th year of age.

VII. Authorities and School Managements - 4bis. Appeal Bodies for Primary School

1. The Appeal Board for Primary Schools makes decisions with a panel of three members.

2. The municipality provides the Appeal Board for Primary Schools with premises free of charge.

VII. Authorities and School Administrations - 4bis. Appeals Bodies for Public Schools

1. The members of the Appeal Board for Public Schools shall not belong to the council, administration, or faculty of a school authority within the jurisdiction.

VII. Authorities and School Leaderships - 5. Council

1. The Council organizes and manages the school.

2. It fulfills the responsibilities of the school authority that are not assigned to other bodies by law, municipal ordinance, regulation, or agreement.

3. It issues a leadership and quality concept.

VII. Authorities and School Leaderships - 5. Council

1. Municipal Order or Regulation may authorize the council to delegate tasks to other bodies.

VII. Authorities and School Leaderships - 5. Council

1. The Council may establish specialist commissions for specific tasks.

2. It generally defines the tasks in a schedule of duties.

VII. Authorities and School Leadership - 6. School Leadership

1. The council appoints school administrations. For small school authorities, the competent authority of the canton may grant exceptions.

2. The municipal regulations or the statute determine the responsibilities of the school administrations.

3. A representative designated by the council from the school administrations participates in the meetings of the council and committees with advisory powers, with an advisory vote.

VIIbis. Integration Course for Non-Native Speaking Youth

1. The canton conducts the integration course for non-native-speaking youths.

2. The Education Council issues the curriculum, and the government approves it.

3. The school authority bears the costs. It may

a) require a contribution towards the cost of meals from parents of youths who have not yet reached the age of 17;

b) demand a reasonable tuition fee from interested individuals who have reached the age of 17.

VIIbis. Integration Course for Non-Native Speaking Youth

1. The council assigns foreign-language adolescents who have not yet reached the age of 17 and cannot be taught or trained with reasonable effort to the integration course for foreign-language adolescents.

2. With the consent of the competent authority of the canton, it may admit applicants who have reached the age of 17.

3. The integration course for foreign-language adolescents generally lasts one year. Those who are still subject to compulsory education after completion transfer to the public school at their place of residence.

VIII. Private Tutoring

1. Private schools that educate compulsory school-age children are subject to the supervision of the canton, just like public schools.

VIII. Private Tutoring

1. Establishment and operation of private schools require the approval of the Education Council.

VIII. Private Tutoring

1. The authorization is granted if

a) School management, professional supervision, organization, and school premises ensure a permanent education equivalent to that of a public school;

b) The mandatory educational areas of the public school are taught.

2. The Education Council may attach conditions to the authorization to ensure the equivalence of the education.

VIII. Private Tutoring

1. Private schools for foreign children temporarily residing in Switzerland may exceptionally be granted approval even if the equivalence of the education is not fully guaranteed.

2. The Education Council may, by regulation, assign the admission of students to a special commission and impose time limitations.

VIII. Private Tutoring

1. The Education Council shall order measures under the threat of revocation of the approval when

a) the conditions for granting the approval no longer exist;

b) conditions and instructions are not observed;

c) the instruction is endangered for other reasons.

VIII. Private Tutoring

1. Instruction at private schools may be provided by individuals who possess a teaching permit for private schools.

2. The competent authority of the canton issues the teaching permit in appropriate application of Article 62 of this law. It may set a time limit on the teaching permit.

VIII. Private Tutoring

1. The owner of the private school must report the admission and withdrawal of students to the relevant council at the parents' place of residence within fourteen days.

2. If the student attends a private school outside the canton, the parents must submit a confirmation from the school to the council.

VIII. Private Tutoring

1. The provisions of this law regarding private schools are applied accordingly to private individual instruction.

2. The educational council grants the permission if, in addition, the education for social competence is ensured.

VIII. Private Tutoring

1. For private special schools that receive cantonal contributions, specific legal provisions remain reserved.

IX. Administrative Procedure and Legal Protection

1. Administrative Procedures and Judicial Review are governed by the Administrative Procedure Act, unless this law provides otherwise.

IX. Administrative Procedures and Administration of Justice

1. Orders and decisions of commissions with school board powers are equivalent to the orders and decisions of the board.

IX. Administrative Procedures and Administration of Justice

1. Orders and decisions of the Council, issued based on this law or the legislation concerning the remuneration of public school teachers, can be appealed to the competent department, unless this law provides for an appeal to the Public School Appeals Body or the Education Council.

IX. Administrative Procedure and Legal Protection

1. Decisions by the Primary School Appeals Board can be contested regarding the following orders and decisions of the council

a) Timetables;

b) Transportation of students with unreasonable school paths;

c) Formation and allocation of classes;

d) Grades and report cards;

e) Promotion to the next higher class, repeating classes, transition to secondary education, transfer from a private school to a public school, and transition between Real and Secondary schools;

f) Skipping a grade;

g)* Special educational measures, excluding attendance in a small class or special school;

h) Disciplinary measures by the teacher, except the notation of an objection in the report card.

IX. Administrative Procedures and Administration of Justice

1. Appeals to the Education Council can contest orders and decisions of the Council regarding

a) Assignment to a special class or special school and reassignment;

b) Mandatory schooling;

c) External school attendance and attendance at a school for gifted students;

d)* Disciplinary measures by the Council;

e) Contact with parents and disciplinary penalties.

2 ...

X. Final Provisions

1. Whoever intentionally or negligently hinders a child from fulfilling their compulsory education or fails to ensure their attendance at school shall, upon report by the council, be punished with a fine ranging from CHF 1000 to CHF 5000 in severe cases.

X. Final Provisions

1. The government shall issue the necessary regulations for the execution of this law by means of an ordinance.

X. Final Provisions

1. The following are repealed

a) the Education Act of April 7, 1952;

b) the Continuing Education Schools Act of February 26, 1945.

X. Final Provisions

1. Articles 8 and 9 of this law shall be applied with respect to the transfer of the existing upper primary school level to the secondary school district no later than the beginning of the 1993/94 school year, and with respect to the establishment of special classes no later than the beginning of the 1988/89 school year.

2. Articles 27 and 29 of this law shall be applied no later than the beginning of the 1988/89 school year.

X. Final Provisions

1. The council is to enact the school regulations or adapt them to the new law by the end of the 1985/88 term of office.

X. Final Provisions

1. The term of office for teachers elected for an indefinite period prior to the commencement of enforcement of this law shall end on the last day of the 1985/86 school year.

X. Final Provisions

1. Selected teachers who, prior to the commencement of this law, have been teaching special classes or regular classes without the corresponding training are allowed to continue teaching.

2. They may be required by the competent department to attend special courses.

3. [repealed]

X. Final Provisions

1. Private schools that the Education Council approved before the enforcement of this law may be continued. Reserved remains Art. 119 of this law.

2. Art. 120 of this law will be applied from the beginning of the 1984/85 school year.

X. Final Provisions

1. The government determines the commencement of the enforcement of this law.

X. Final Provisions

1. Based on Art. 9 para. 2 of this decree, the authorizations granted by the government for a primary school community to operate a secondary school shall remain valid.

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