Primary and Secondary Education Act (VSG) - Subject Matter and Scope (PPP)

1. This Act governs the education and instruction at the elementary school level.

2. This Act applies to public schools, and where specified, to private schools and private instruction, in which or through which compulsory schooling is fulfilled.

1. The Solothurn public school supports the family in educating children to become individuals who acknowledge their responsibilities before God and towards their neighbors, and who act according to these responsibilities. It develops the mental, intellectual, and physical abilities in a harmonious way, educates towards independent thinking and working, and imparts the fundamental knowledge necessary for succeeding in life.

2. The public school

a) contributes to the holistic development of students by promoting factual, self, and social competence, and requires a willingness to perform from them;

b) fosters independence in thinking, valuing, and acting, and contributes to community building;

c) encourages a sense of responsibility, willingness to perform, critical judgment, and the ability to dialogue;

d) fulfills its educational mandate in cooperation with parents and guardians, supporting them in their educational duties;

e) takes into account individual talents and inclinations;

f) imparts the knowledge and skills that form the foundation for vocational training, for attending further educational institutions, and for lifelong learning.

1. In public schools, compulsory education is provided free of charge.

2. In public schools, the use of educational media and school materials, as well as the use of equipment, is free of charge.

3. Contributions may be collected from parents or guardians

a) for the costs of meals in public schools, on multi-day school trips, and in class camps;

b) for expenses that exceed the compulsory part.

1. The Canton conducts an educational statistics survey for the management and development of the education system.

2. The Government Council determines the data to be collected regarding students, educational qualifications, school personnel, and educational expenditures.

3. The public and private school authorities shall transmit the required data to the Canton.

1. The canton may collect data on students that allows for the presentation of test results according to socio-economic background. Responding to questions about socio-economic background is voluntary, and the data is evaluated anonymously.

2. The government council determines in which surveys data on socio-economic background will be collected.

3. Public and private school authorities will transmit the required data to the canton.

1. The municipal and cantonal authorities process the data of pupils that they require to perform their duties. This includes, in particular

a) Identifying data;

b) Data for performance evaluation and data concerning promotion;

c) Data for the assessment of special support measures, special education measures, and other cantonal special offerings;

d) Data for educational statistics;

e) Data on absences and dispensations;

f) Data on disciplinary measures;

g) Health data, insofar as it is essential for school operations.

1. Identifying data of students may be shared between the sending and receiving schools insofar as this is necessary.

2. Data related to students' performance assessment may be shared between the sending and receiving schools insofar as they are relevant for the ongoing promotion.

3. After a school transfer or change, the former school administration is entitled to inform the subsequent school administration if a student has been legally convicted of a crime or misdemeanor that occurred in the school environment.

4. Other school-relevant data of students may be shared between the sending and receiving schools insofar as these data are necessary for fulfilling tasks. Particularly sensitive data may only be shared insofar as it is indispensable for fulfilling tasks.

1. The school administration is authorized to inform the cantonal supervisory authority about incidents at the school, provided that

a) intervention by the police or other authorities is required;

b) other appropriate measures to avert a danger must be taken;

c) an investigation by law enforcement authorities is initiated.

1. The Educational Identity (Educational ID) is a unique and unchangeable user identity.

2. The Educational ID aims to

a) ensure the secure authentication of users of digital services in primary schools;

b) provide secure access to digital services in primary schools.

3. The canton ensures that students, teachers, school principals, and other school staff have an Educational ID. The government council determines by regulation which other users may be equipped with an Educational ID.

4. The government council ensures that control over the data collected with the Educational ID remains with the users.

5. To promote digital educational identities, the government council may designate a joint organization together with other cantons.

1. The canton may support the activities of organizations involved in the public school system in the following areas with cantonal contributions

a) Advising and supporting school management and teachers in difficult situations;

b) Preservation, strengthening, and promotion of the physical and mental health of teachers;

c) Organization and development of innovative projects.

1. In this law, local municipalities, school districts, and the canton are considered school authorities.

2. Each local municipality is obliged to operate a regular school, either independently or in conjunction with other public school authorities.

3. The canton is the school authority for the special education centers and is responsible for the cantonal special programs.

1. The progymnasial education is part of Lower Secondary Education (see § 25). It is conducted by a municipal or cantonal school authority.

2. The government council determines the school authorities, locations, and catchment areas of individual schools according to the principle of resource optimization.

1. Two or more municipalities may unite to form a school district for the management of school levels or subjects.

2. The union can be established through a public law contract or by forming a special-purpose association.

3. The public law contract or the articles of association of the special-purpose association must specify the school locations, the rights and obligations of the municipalities where the schools are located, and of the other municipalities, the organization of the school, and the financing.

4. The public law contract requires approval by the Department.

5. The articles of association of the special-purpose association require approval by the governing council (§ 166 para. 3 of the Municipal Act [MG] of February 16, 1992).

1. The Government Council may mandate the municipal communities to form a school district and modify existing school districts if rational school planning requires such measures.

2. If the municipal communities agree on the formation of a school district but cannot agree on the modalities of the future school district, the Government Council shall determine the modalities.

1. A municipal community may transfer the administration of individual educational levels or subjects to another educational provider through a public-law contract, without forming a school district.

2. The contract requires approval by the Department.

1. The government council may delegate the implementation of cantonal special services to public or private organizations, such as special education centers, boarding schools, or hospital schools if

a) expert management is ensured;

b) the provision of services is appropriate and in line with the intended purpose;

c) the construction and operational conditions meet the intended use;

d) the personnel costs do not exceed the upper limit set by the collective labor agreement (CLA) dated October 25, 2004, during state management;

e) accounting is conducted according to the guidelines set by the government council.

2. For individual children and adolescents with a severe disability, the cantonal supervisory authority may delegate the implementation of special services to a third party. The services to be provided and the compensation by the canton are regulated in a service agreement.

3. Private organizations are authorized to act with sovereign authority in the performance of their delegated tasks and to issue orders. The orders issued by private organizations can be appealed to the department within ten days.

4. Supervision is the responsibility of the cantonal supervisory authority.

1. Public law and private law institutions to which the Government Council has delegated state tasks (§ 16) report to the municipal and cantonal authorities the data about students that the authorities need to fulfill their duties.

1. The canton and municipal communities may agree to a public-private partnership (PPP) for the purpose of planning, financing, construction, and operation of infrastructure or service.

2. The authorization of expenditures is governed by the WoV legislation.

1. The elementary school consists of three cycles and is divided into the primary level and secondary level I.

2. The primary level lasts eight years and comprises kindergarten and primary school. The cycles include

a) 1st Cycle: two years of kindergarten as well as the first and second grades of primary school;

b) 2nd Cycle: third to sixth grades of primary school.

3. Secondary level I follows the primary level. It generally lasts three years and forms the third cycle. The government council may divide secondary level I into up to three different performance levels by regulation.

4. The time required to complete the school levels depends, in individual cases, on the student's individual development.

1. The curriculum definitively regulates the educational objectives and the fundamental content of the instruction.

2. Learning media serve to achieve the goals of the curriculum.

1. The canton enters into agreements with all school providers regarding the public school offerings.

2. The agreements define the services to be provided and the associated financial resources for all municipal and cantonal public school offerings, as well as the responsibilities, participation, and control rights of the providers.

3. The cantonal supervisory authority enters into the agreement

a) for the regular school: with the competent municipal supervisory authority;

b) for the cantonal special offerings: with the organizations to which the Government Council assigns tasks.

4. The cantonal supervisory authority ensures the monitoring of the agreements.

1. Students in primary and lower secondary education are regularly assessed in writing. Particular consideration is given to performance, learning development, and interdisciplinary competencies.

2. Certificates are issued starting from the second cycle.

3. The Department determines the content and form of the written assessments, the grading for the certificates, and the conditions for admission, promotion, and transition between the different educational levels.

1. The regular school includes primary education and lower secondary education.

1. The kindergarten supports and promotes the individual development of children and lays the foundation for targeted and directed learning in primary school.

2. The primary school imparts to the pupils the fundamental basic competencies of reading, writing, arithmetic, and informational education. It is focused on a balanced education of human abilities and prepares students for attending secondary level I.

1. The secondary level I provides students with an education specific to their level, enabling them to enter vocational basic education or a general education school at the secondary level II. It promotes practical skills and a sense of responsibility.

**1. Special Support includes measures for students with:**

a) a special talent;

b) a learning impairment or learning delay;

c) a behavioral disorder.

**2. It helps to develop the students' abilities within the regular school setting with offerings that specifically:**

a) promote exceptional cognitive performance;

b) reduce learning impairments and learning delays;

c) foster language development, communication, and movement;

d) support the integration of students for whom the school's language is foreign;

e) assist newly arrived students in the area of initial foreign languages.

**3. Special Support is provided integratively within the regular teaching of primary and secondary level I. School authorities may employ temporary and separate forms of schooling for individual students.**

1. The school administration orders the Special Support. If the support measures last more than two years in total, the school administration obtains an assessment report from the specialist office designated by the canton before an extension.

2. The parents or guardians are to be included in the support measures.

1. The Cantonal Special Offers include

a) the temporary special offers (SpezA);

b) the special education offers.

1. For children and adolescents with special educational needs, the canton provides temporary special offers (SpezA) and special education services.

2. The stay in a temporary special offer is a one-time arrangement and serves to integrate or reintegrate the student into the regular school system. The instruction follows the objectives and content of the regular school curriculum.

3. The special education services are based on special education principles and are aligned, as far as possible, with the goals and content of the regular school curriculum. They facilitate social integration and promote personal development and independent living.

1. Children aged four to eight who exhibit significant behavioral or speech and communication difficulties are admitted to the preparation classes (SpezA VK). The goal of the SpezA VK is to prepare these children for transition to mainstream school.

2. The instruction is based on systematic collaboration between specialized staff and teaching personnel, with intensive involvement of the parents or legal guardians.

3. The administration of the mainstream school applies for admission to SpezA VK with the cantonal supervisory authority.

4. Prerequisites for admission to the SpezA VK include

a) Evaluation by the specialized agency designated by the canton;

b) Arrangement of terms in a target agreement with the parents or legal guardians;

c) Availability of openings in the program.

5. If no target agreement is reached with the parents, a special education procedure is initiated.

6. The stay in the SpezA VK lasts for two years. Thereafter, a transition occurs to the mainstream school of the residential community or to a special school.

1. In the classes for children with severe behavioral issues (SpezA Behavior), students with significant behavioral challenges are admitted starting from the third grade of primary school. The stay does not exceed one year. In exceptional cases, the stay may be extended by a maximum of one additional year.

2. The head of the regular school applies for admission to the SpezA Behavior to the cantonal supervisory authority.

3. The prerequisites for admission to the SpezA Behavior are

a) Assessment by the specialist agency designated by the canton;

b) Arrangement of the modalities in an agreement with the parents or legal guardians;

c) Capacity of the program.

4. If no agreement with the parents or legal guardians is reached, the department decides on admission to the SpezA Behavior. Before the decision, the department hears the parents or legal guardians and the head of the regular school.

1. If necessary, particularly in the case of a significant increase in flight and migration, the canton may establish additional classes for children from transit centers during the accommodation phase (Special Program Language/Culture).

2. The stay shall not exceed one year. In special cases, the stay may be extended by a maximum of one additional year.

3. If necessary, the government council may temporarily supplement these educational offerings with specialized support services.

1. The Special Offer for Hospitalization (SpezA Med) is aimed at students with prolonged hospital stays.

2. The SpezA Med requires approval of costs by the cantonal supervisory authority. This approval is granted if

a) the hospital school has a service agreement with the Canton of Solothurn in accordance with § 16, and

b) the hospital stay lasts longer than two weeks or recurring hospital stays over an extended period are necessary.

3. If regular attendance at school is not possible after a hospital stay, the department may order individual home schooling in accordance with the guidelines for hospital schooling.

1. The Special Education Offer for Children and Adolescents with Disabilities includes in particular

a) Instruction in special schools;

b) Integrative special education measures (ISM);

c) Curative educational and therapeutic support measures;

d) Disability-related extracurricular care;

e) Disability-related accommodation in school homes (boarding schools);

f) Disability-related student transportation;

g) Individual solutions as needed;

h) Extracantonial schooling as needed.

2. The offer begins with the start of school and lasts until the completion of compulsory education.

3. The offer may be extended in justified cases up to the age of 20.

1. The specialized agency designated by the canton determines the entitlement to special education.

2. The department orders the special education upon the application of the specialized agency.

3. The department consults the municipal supervisory authority, the school administration, and the parents or legal guardians beforehand.

4. The order is generally issued for a limited period and with the mandate to review the ordered measure before the deadline expires.

1. Municipalities may establish optional elective programs for students in addition to the mandatory instruction of the second and third cycles.

2. For attending these elective programs, municipalities may require a contribution from parents or guardians. The municipalities shall determine the rates in a regulatory ordinance.

1. The municipalities may offer voluntary music education and voluntary school sports.

2. They shall determine the fees in a legislative regulation.

1. The municipalities may offer supervised homework assistance.

2. They determine the fees in a regulatory ordinance.

3. In special cases, particularly in the event of an extended absence, the school administration may require a student to attend supervised homework assistance for a limited period. In these cases, the service is free of charge.

1. The municipalities may offer voluntary care services.

2. They shall determine the fees in a legally binding regulation.

**1. Sections 36 to 39 apply to cantonal school authorities mutatis mutandis.**

1. The publicly recognized religious communities (regional churches) may provide religious education to their students attending public elementary schools at their own expense. The school authorities shall make the school premises available to the regional churches for this purpose.

2. Parents or legal guardians may withdraw students from religious education in writing before the commencement of the school year. Once students have reached the age of 16, they may independently decide to withdraw from religious education.

1. Extracurricular institutions may offer courses in native language and culture (HSK).

2. The school authorities provide the extracurricular institutions with school premises for this purpose.

3. Attendance of the HSK courses may be noted in the written evaluation (§ 22 para. 2).

1. All children residing in the Canton of Solothurn have the right to attend the public elementary school.

1. All children residing in the Canton of Solothurn have the obligation to attend the public elementary school.

2. The compulsory schooling lasts eleven years and begins with entry into a Swiss or an equivalent foreign school system.

3. The compulsory schooling ends at the age of 16.

1. Children shall enter kindergarten or the first cycle upon reaching the age of four. The cut-off date is July 31.

2. Parents or legal guardians may decide, in consultation with the school administration, whether their child should exceptionally start school a year later. Early enrollment is excluded.

3. Students who have reached the age of 16 are permitted to complete the current grade level they are attending.

4. The department may, upon a substantiated request, authorize a student with above-average abilities to complete compulsory education at an accelerated pace or fulfill compulsory education outside the public school system.

5. Newly arrived children who cannot provide evidence of prior schooling shall be enrolled in such a way that, upon completion of their compulsory education, they have completed Secondary Level I.

1. The department can exempt a student from compulsory education at the public elementary school if he or she attends an equivalent educational program at another public or state-recognized private school, takes advantage of another opportunity in the framework of vertical permeability in vocational education, or receives an equivalent education.

2. After the exemption from compulsory education at the public elementary school, the parents or legal guardians are responsible for ensuring the child receives an adequate basic education.

1. The school administration may grant a student a temporary reduction in their class schedule upon request if health reasons justify it. The application must be accompanied by a detailed medical certificate.

1. The obligation to attend school must be fulfilled at the school authority of the place of residence.

2. The department may grant individual students permission to attend school at a different location

a) for school organizational reasons;

b) in cases of a relatively long, arduous, or dangerous school route;

c) for health, family, or social reasons.

1. The canton maintains a school psychological service.

2. The school psychological service is particularly responsible for the following tasks

a) Advising students, parents or guardians, teachers, and school management on arising school and educational problems (advisory center);

b) Assessment of individual problem situations, evaluation of support needs, and review of external expert reports (expert center);

c) Mediation in group issues between students, teachers, and parents or guardians (coaching);

d) Support and institutional consultation during extraordinary events and crisis situations (intervention team).

3. The government council regulates the objectives, financing, and details of the organization by ordinance.

1. Duties, Organization, and Financing of School Medical Services and School Dental Care are governed by Health Legislation.

1. Tasks, Organization, and Funding of School Social Work are Governed by Social Legislation.

1. The school is an educational and operational unit led by a school administration, which essentially includes the school administration, the teachers, the other school staff, as well as the students.

2. It encompasses all the school buildings of a school authority.

3. It establishes a mission statement and fulfills its duties in accordance with the provisions of this law.

1. The school year administratively begins on August 1. It comprises 38 weeks of instruction in 52 calendar weeks and 39 weeks of instruction in 53 calendar weeks.

2. The government council determines

a) the duration of the non-teaching periods;

b) the distribution of vacations throughout the school year.

3. The local supervisory authorities establish the holiday schedule in regional cooperation.

1. The Department determines the teaching or supervision time.

1. The government council establishes guidelines for class sizes and learning groups for each educational level.

1. The Students

a) receive age- and level-appropriate instruction that corresponds to their mental and physical capabilities, in accordance with professional standards;

b) have the right to be respected in their personality;

c) are entitled to appropriate information from their teachers and school administration regarding matters concerning their education;

d) have the right to participate in evaluations regarding the quality of their schools and education.

1. Students

a) attend classes and school events without interruption. Absences must be justified;

b) contribute to the success of the classes, as well as the class and student community, through their willingness to perform and their conduct;

c) are co-responsible for their educational process according to their age and grade level;

d) adhere to the school's rules for an orderly school operation;

e) comply with the orders and instructions of the teachers, other school staff, and authorities;

f) take care of the teaching materials, learning media, school supplies, and equipment.

1. Parents or legal guardians shall be

a) involved in the educational process of their children by the schools;

b) informed about matters concerning their children, including their children's performance, learning development, interdisciplinary competencies, absences, and the activities in their schools and classes;

c) included in the evaluation of the schools and the cantonal education system;

d) heard upon request by the teachers responsible for their children and the school administration.

1. The Parents or Legal Guardians

a) are responsible for the upbringing of their children;

b) share the responsibility for the education of their children and support and promote the educational process of their children in school;

c) collaborate with teachers and school administration and seek direct contact with them for open questions;

d) encourage their children to comply with the rules, orders, and directives of the school and to attend classes without interruption.

1. Authorities, teachers, students, as well as parents or guardians, collaborate within the scope of their responsibilities.

1. Absences and exemptions must be justified. In the case of absences due to illness or accident, the school administration may require a medical certificate.

2. The governing council regulates the reasons for absences and exemptions by decree.

1. If students are absent from classes for the first time without a valid reason, the teacher informs the parents or legal guardians and requests that they ensure their children attend classes without interruption.

2. If students repeatedly are absent without a valid reason, the teacher reports the student's name to the school administration. The school administration issues a written notice mandating school attendance and warns the parents or legal guardians of a possible fine for their children's repeated unauthorized absences.

1. Concerning students whose behavior gives cause for complaint, the teachers and the school administration may impose disciplinary measures. The disciplinary measures must be educationally appropriate.

2. Concerning parents or legal guardians who violate their duties, the school administration may impose regulatory fines.

1. The teacher may impose the following measures on students in particular

a) additional assignments during or outside regular class hours;

b) temporary confiscation of objects belonging to the student, particularly electronic devices, weapons, or toys;

c) removal from the lesson or event;

d) exclusion from an event;

e) exclusion from classes for up to a maximum of seven days.

2. In the event of disciplinary issues, the teacher shall promptly inform the school administration and consult an appropriate professional body.

**1. The school administration may impose the following measures on students:**

a) Transfer to another class or another school building. If necessary, the transfer to a school of another school authority will be arranged;

b) Partial or complete exclusion from classes for a maximum of twelve weeks per school year.

**2. Students excluded from classes are not permitted to be on school premises during school hours without the approval of the school administration.**

**3. The school administration may impose a disciplinary fine of up to 1,000 francs on parents or guardians:**

a) For the repeated unjustified absence of their children from classes;

b) For refusing to cooperate with teachers and the school administration;

c) If the parents or guardians do not fulfill other obligations towards the school.

1. In the event of a suspension from school for up to seven days, the parents or legal guardians shall ensure appropriate care and supervision.

2. The parents or legal guardians shall bear the costs of care and supervision.

1. If the exclusion from school lasts longer than seven days, the Child and Adult Protection Authority (KESB) will conduct the necessary investigations and arrange for the required out-of-school measures. The school management shall promptly inform the KESB about the school exclusion.

2. The allocation of costs for the measures ordered by the KESB is governed by the Swiss Civil Code (ZGB) of December 10, 1907.

3. If the KESB does not order any measures, the parents or guardians shall bear the costs of care and occupation.

1. Any person who wishes to work as a teacher or in a pedagogical-therapeutic capacity at a public school in the Canton of Solothurn must obtain a professional practice license from the Department.

2. The professional practice license is granted if the person

a) possesses the necessary educational qualifications for the respective activity (professional qualification);

b) provides physical and mental assurance for an impeccable professional practice (personal suitability).

1. The professional practice authorization is revoked by the department if the professional qualification or personal suitability is no longer guaranteed, particularly if

a) the person has lost their capacity to act;

b) the person has been convicted of an offense that, due to the nature and severity of the act and the degree of culpability, renders them untrustworthy or unsuitable to carry out the activity requiring authorization;

c) there are significant doubts about the person's personal suitability based on their behavior;

d) the person has repeatedly endangered the normal operation of the school through their conduct;

e) the person is no longer able to perform the activity requiring authorization due to health reasons.

1. Termination of the Professional Practice Authorization

a) upon death;

b) upon written renunciation of the right to practice in the canton of Solothurn;

c) as a result of a legally binding occupational ban imposed in a criminal proceeding.

1. The administrative and law enforcement authorities, as well as the courts, shall report to the department all incidents and observations relevant to a prohibition or restriction of professional practice.

2. A person against whom a report pursuant to paragraph 1 is made has the right to request a correction if the allegations prove to be unjustified. The school administration must appropriately inform about the results of the investigations or the unjustified allegations.

1. The department reports to the competent authorities within and outside the canton all facts that could lead to the revocation of the professional practice license or the termination of the employment relationship.

1. The employment relationships of teaching staff at public elementary schools and the employment relationships of other cantonal school personnel are governed by the legislation on state personnel and the collective labor agreement (CLA).

2. The employment relationships of other municipal school personnel are governed by municipal law.

1. The municipal council of a residential municipality or the board of a school district is the local supervisory authority in the public school system.

2. The local supervisory authority is responsible for the following tasks, in particular

a) it exercises oversight over the local schools;

b) it makes strategic decisions;

c) it determines the local public school offerings, taking into account the cantonal guidelines, and ensures the necessary personnel, financial resources, and infrastructure for this purpose;

d) it appoints the school management, commissions them with the implementation of the local public school offerings, and ensures the controlling;

e) it issues a school ordinance, subject to the statutory competencies of the other municipal bodies, which must be approved by the department;

f) it approves the school program.

1. The Municipal Supervisory Authority may delegate tasks to a Municipal Council Commission (§ 71 GG) or to an individual Municipal Council member (Departmental System pursuant to § 72 GG), provided that

a) the delegation of tasks is provided for in the Municipal Code

b) and does not involve non-transferable powers pursuant to § 70 or § 97 GG.

1. The school management operates the school.

2. The school management is responsible for achieving the objectives set by legislation and agreed upon with the canton.

3. The school management is entrusted with the following tasks in particular

a) Management of the school in the area of administration and finance: representing the school externally, managing the resources allocated to the school;

b) Management of the school in the area of personnel: personnel selection, personnel development, and personnel qualification;

c) Management of the school in the area of pedagogy: development of the school program, internal school and quality development.

1. The governing council issues the curriculum for the public school.

2. It concludes agreements regarding attendance at schools outside the canton.

**1. The Department is responsible for the following tasks in particular:**

a) Responsibility for achieving the objectives of public schooling and the goals of each educational level as prescribed by legislation;

b) Further development of the school system and adaptation to current needs;

c) Compilation of educational statistics;

d) Setting the lesson schedule;

e) Approval of deviations from legal and educational guidelines for a limited period as part of a school experiment;

f) Approval of municipal school regulations and public contracts concerning inter-municipality collaboration;

g) Issuance and revocation of permits required by this law;

h) Handling complaints against decisions made by municipal authorities;

i) Approval of minor adjustments to the curriculum.

**2. The Department issues directives on:**

a) Further details concerning school organization;

b) The content and form of written assessments of students;

c) The mandatory learning materials to be used in certain subjects;

d) Information and data security;

e) The use of electronic communication and exchange platforms;

f) Specifics regarding private schools and private instruction;

g) Other areas necessary for the implementation of the law.

1. The office performs all cantonal enforcement tasks that are not assigned to any other authority.

1. The Office is the cantonal supervisory authority for the entire public school system.

2. The cantonal supervisory authority is particularly responsible for the following tasks

a) it monitors compliance with cantonal regulations;

b) it concludes agreements concerning the municipal public school offerings with the municipal supervisory authorities;

c) it grants cost guarantees for special offerings in the event of hospitalization;

d) it exercises supervision over private schools and private tuition;

e) it supervises the organizations to which the governmental council has delegated state tasks.

3. In extraordinary situations, particularly to address a health or economic crisis, the cantonal supervisory authority may authorize temporary deviations from the pedagogical, school organizational, or financial provisions of this law.

1. The cantonal supervisory authority ensures the provision of continuing education opportunities for teachers within the canton.

2. The continuing education serves the following purposes

a) the maintenance and expansion of the teacher's knowledge and skills;

b) the renewal and deepening of teaching competence;

c) the acquisition of knowledge and skills for special types of schools and new subjects;

d) the acquisition of knowledge and skills to fulfill new tasks;

e) quality assurance.

3. The cantonal supervisory authority and school administrations ensure that the continuing education of teachers generally takes place during non-teaching periods. For special reasons, particularly in the case of canton-wide events and collective training sessions, continuing education may also occur during school hours.

4. The cantonal supervisory authority and school administrations may require teachers to participate in mandatory continuing education courses and events.

5. The government council regulates the distribution of costs between the canton, the school sponsors, and the teachers by ordinance.

1. In the event of a disagreement in a municipal matter among several involved municipal authorities, the cantonal supervisory authority shall decide. The jurisdiction of the government council in the formation of school districts (§ 14) remains reserved.

1. The Government Council may reduce or eliminate the state contributions to the municipal school authorities

a) if the proper operation of the school is no longer guaranteed;

b) if the municipal authorities do not comply with the orders of the cantonal authorities;

c) in the case of multiple or serious breaches of contractual agreements;

d) in cases of repeated failure to achieve the performance targets set by the legislation or agreed with the canton.

2. The Government Council may order the restoration of the lawful condition at the expense of the defaulting municipal authority if the identified deficiencies are not remedied within the deadline (Substitute Performance).

1. The municipal school authorities bear the costs for the regular school.

2. The canton participates in the costs of the regular school with a per-student allowance.

1. The canton bears the costs of the cantonal special services.

2. The parents or legal guardians contribute to the costs of meals and extracurricular care.

3. The government council determines the amount of the contributions to the costs of meals and extracurricular care.

1. The cantonal council approves the expenditures necessary for the implementation of this law.

2. The financial resources may additionally be obtained through

a) Contributions from parents or legal guardians for voluntary services;

b) Funds, donations, gifts, and other third-party resources.

1. The municipalities involved in a school district are required to contribute to the costs of the schools.

2. The contributions are governed by the statutes of the special-purpose association or by the public-law contract.

1. For attending a school outside the canton, the relieved municipality pays the receiving school authority a tuition fee, the amount of which is determined in the Regional School Agreement on the Mutual Admission of Trainees and Provision of Contributions (RSA 2009) dated November 23, 2007.

2. If individual students attend school outside the school location within the canton, no tuition fee is paid.

3. If several students from a part of a municipality, particularly a district, a neighborhood, or a hamlet, attend school outside the school location within the canton, the relieved municipality pays the receiving school authority a tuition fee. The relieved municipality and the receiving school authority contractually establish the amount of the tuition fee. The tuition fee may not exceed the rates of RSA 2009.

1. Municipalities that do not provide their own pre-gymnasium education or talent promotion classes shall pay tuition fees to the accepting school authority. The government council determines the amount of the tuition fees.

1. In the case of an unreasonably long or burdensome school commute, the municipality is required to provide a reasonable contribution towards any costs incurred for external accommodation and external meals.

1. The canton contributes to the costs of the regular school with a per-student allowance.

1. The Student Allowance is calculated based on the standard cost components per school and class level (basic allowance) as well as the costs for lessons to be provided beyond the basic offering (lesson allowance).

1. The Basic Allowance is calculated from

a) the basic salary of the functional salary class according to the collective labor agreement (CLA);

b) the average experience bonus;

c) the weekly teaching commitment in lessons per full-time position;

d) the teaching lessons according to the lesson schedule;

e) the class sizes;

f) the school management allowance;

g) the lessons per 100 students for special support according to § 26 paragraph 2 letters a, b, and c.

1. The Lesson Fee is calculated according to § 93 paragraph 1 letters a - d and is awarded for

a) Lessons pursuant to § 26 paragraph 2 letters d and e;

b) Additional lessons pursuant to § 26 paragraph 2 letters a, b, and c;

c) Additional special lessons determined by the government council.

1. The governing council determines the basic and lesson allowances in the form of gross allowances.

2. Based on the effectiveness report pursuant to § 4 of the Law on Financial and Burden Equalization of the Municipalities (Financial and Burden Equalization Act; FILAG EG) dated November 30, 2014, the cantonal council sets the contribution percentage every four years.

3. The student allowances are calculated annually according to Formula A of Annex 1.

1. If students attend a school outside the school district, the student allowances are allocated as follows

a) For intra-cantonal school attendance, the Canton provides the student allowances to the receiving school authority;

b) For inter-cantonal school attendance, the Canton provides the student allowances to the sending school authority.

2. For intra-cantonal school attendance, the Canton provides the contribution percentage of the gross allowances.

3. For inter-cantonal school attendance, the Canton provides the contribution percentage of the inter-cantonal tuition fees.

1. The canton grants the municipal communities contributions towards the salaries of teachers for voluntary municipal music instruction in the form of an indexed music school allowance per subject enrollment.

2. The government council determines the amount of the music school allowance annually.

1. The agreement between the canton and the municipal supervisory authorities forms the basis for the financial planning, the budget estimate, as well as the advance payments of the canton to the municipal school authorities.

2. Municipal school authorities that, through their own fault, fail to submit a plan by the specified deadline will not receive any advance payments.

1. Private Schools Require Approval from the Department.

2. Approval is granted if

a) the necessary facilities and equipment are available;

b) the school management demonstrates the necessary professional qualifications and the teachers possess the required educational qualifications;

c) faultless operational management is ensured;

d) the educational offerings correspond to those of the public primary school (curriculum);

e) the private school ensures the provision of school medical services.

1. The department shall revoke the authorization if the conditions for the issuance of the authorization are no longer fulfilled. If one of the authorization conditions ceases to be met, the school must be granted the right to be heard before the revocation of the authorization, and be given the opportunity to remedy the deficiencies within a reasonable time frame.

2. The department may revoke the authorization if orders from the cantonal supervisory authority are not complied with.

3. If the authorization is revoked, the students shall transfer to the public school system.

1. The authorization expires if a private school ceases its operations.

1. In the event of significant changes in school operations, the private school must promptly inform the cantonal supervisory authority.

1. Private Instruction (Homeschooling) is elementary school instruction that is provided at home. Only children from the same family are taught.

2. Approved private instruction can fulfill the compulsory school attendance requirements.

1. Private tutoring requires approval from the Department.

2. The approval is granted if

a) the instructors possess the necessary educational qualifications;

b) the educational offerings correspond to those of the public primary school (curriculum).

1. The department shall revoke the license if the conditions for granting the license are no longer met.

2. The department may revoke the license if the orders of the cantonal supervisory authority are not complied with.

3. If the license is revoked, the students shall transfer to the public primary school.

1. The authorization expires upon the death of the teacher.

1. In the event of significant changes, the parents or guardians must promptly inform the cantonal supervisory authority.

2. The parents or guardians must notify the cantonal supervisory authority and the local school administration of the termination of private instruction at least six weeks in advance, at the end of a semester.

1. The supervision of private schools and private instruction is the responsibility of the cantonal supervisory authority.

2. The cantonal supervisory authority regularly verifies whether the conditions for granting the authorization are still being met.

1. The canton does not contribute to private schools and private tuition.

2. Municipal school authorities may participate in the costs for private schools and private tuition.

3. Students attending a private school or receiving private tuition have no entitlement to the services provided free of charge for the public elementary school by the canton and local municipalities.

1. Schools ensure quality assurance.

2. The evaluation of school quality is carried out by the cantonal supervisory authority. It may engage an external expert office for this purpose.

3. The cantonal supervisory authority

a) sets the quality standards;

b) provides schools with tools for quality assurance;

c) may, in special cases, provide schools with financial resources for quality-assuring measures.

4. If quality deficiencies are identified, the school provider is given the opportunity to rectify the deficiencies within a reasonable period of time.

5. If significant quality deficiencies are identified that the school provider cannot remedy on their own, the cantonal supervisory authority will enforce the necessary measures at the expense of the school provider.

1. Performance assessments provide information about the respective performance levels of the students. Performance assessments are used for individual performance evaluation in accordance with § 22 and for instructional support.

2. The anonymized results of the performance assessments provide

a) the department with knowledge about the effectiveness of the education system;

b) the schools with data for internal and external evaluation.

1. Decisions of the municipal school administration can be appealed to the municipal supervisory authority within ten days.

2. Decisions of the municipal supervisory authorities can be appealed to the department within ten days.

3. Decisions of the municipal authorities in matters of performance and discipline can be appealed to the department within ten days.

1. Decisions of the Special Education School Centers can be appealed to the Department within ten days.

2. Decisions of the Cantonal Supervisory Authority can be appealed to the Department within ten days.

1. Approval decisions of the department may be appealed to the government council within ten days.

2. Other department decisions may be appealed to the administrative court within ten days.

1. The proceedings are governed by the Act on Legal Protection in Administrative Matters (Administrative Procedure Act) of November 15, 1970, and the Court Organization Act (GO) of March 13, 1977.

1. Legal Protection in Disputes Arising from the Employment Contract is Governed by the State Personnel Act of September 27, 1992.

1. Licenses granted before the enactment of this law remain valid.

1. The previous eligibility for election, the previous primary school teaching certificate, and the previously recognized equivalent teaching qualification are deemed as sufficient professional aptitude.

2. The following teachers may be granted a professional practice permit, provided personal suitability is demonstrated

a) Teachers who acquired eligibility for election under the old law before August 1, 2000;

b) Teachers who were granted the primary school teaching certificate under the old law (specifically according to the Ordinance on the Transition of Organizational Structures from the Teacher Seminar to the University of Teacher Education of the Canton of Solothurn [Transition Ordinance UTE] dated June 17, 2002);

c) Teachers whose teaching qualification was recognized as equivalent under the old law (specifically according to the Ordinance on the Recognition of Teaching Diplomas dated July 4, 2000).

1. Persons who, at the time this law enters into force, are engaged in an activity now subject to the requirement of obtaining a permit, must submit an application for a professional practice permit within one year of the law's entry into force. If the application is not submitted within this period, further engagement in the activity is prohibited.

1. The Executive Council shall issue the implementing provisions necessary for the execution of this law by means of an ordinance.