Education Act (BiG) (BIG)

11

1 This Act governs the aims, principles and structure of the education system, as well as cross-level areas.

2 This Act applies to state schools and, where expressly provided, to non-state schools.

Scope of Application

11 The education system provides individuals with an education tailored to their abilities, aptitudes, and interests. It fosters development into a mature, tolerant, and responsible personality and lays the foundation for professional activity as well as for living together in society and democracy.

11 1 The canton ensures a broad range of education and training

Further education. The concept of lifelong learning is a guiding principle.

2 The canton cooperates with the cantons, the Confederation, and other

Sponsor bodies in the education system.

3 It promotes permeability between and within educational levels.

levels.

4 Pupils are generally taught together.

11 State schools shall maintain political and religious neutrality.

11 The Canton promotes quality in the education system. It establishes quality specifications and may recognize or certify state and non-state educational institutions and offerings in initial and continuing education.

18 1 The directorate responsible for education processes educational data,

the data necessary for educational monitoring as well as the planning, management and evaluation

evaluation of the education system, including personal

data and special personal data and data of public

and non-public educational institutions.

2 It may collect the data necessary for teaching staff statistics

by direct electronic access to the canton's personnel management

and payroll administration system.

1. 1. 21-111

1

410.1

Education Act (BiG)

AHV insurance

number

Criminal proceedings

against students

a. Reporting

obligations and

reporting rights

of the Youth

Prosecution Office

b. Reporting

obligations and

reporting rights

of the school

School year

Educational levels

17 The directorate responsible for education may systematically use the insurance number under the Federal Act of 20 December 1946 on old-age and survivors' insurance14.

19 1 The Juvenile Public Prosecutor's Office shall report to the school administration of public and private schools requiring approval, of educational institutions with service agreements or state recognition, and of providers of vocational preparatory years pursuant to §§ 5 et seq. of the Introductory Act to the Federal Act on Vocational Education and Training of January 14, 200813, the opening and the legally binding conclusion of criminal proceedings against a student for a felony or misdemeanor against life and limb or against sexual integrity, as well as for robbery.

2 The reporting obligation according to para. 1 also applies in the case of a felony or misdemeanor which has significantly endangered or endangers a large number of people or public safety, or which has or may have significant effects on the school, in particular on orderly school operations or on the protection of students and other members of the school community.

3 The Juvenile Public Prosecutor's Office may inform the school administration about essential procedural steps.

19 1 The school administration informs the juvenile prosecution office in reported cases, until the legally binding conclusion of the criminal proceedings, about ordered absences such as temporary expulsions from class and timeouts, the withdrawal and transfer of a student to another educational institution according to this law.

**2 It informs the President of the School Board about the notification to the juvenile prosecution office and decides whether and to what extent it passes on information from criminal proceedings to teaching staff and other specialists within the school.**

1. The Directorate responsible for education determines the beginning of the school year for primary schools as well as vocational and secondary schools. It uniformly sets the Christmas holidays for the canton.

Part 2: Structure of the Education System

11 1 The education system is divided into the primary school level (Volksschulstufe), the

secondary level II (Sekundarstufe II), and the tertiary level (Tertiärstufe).

2

Education Act (BiG)

410.1

2 The primary school level consists of the kindergarten level (Kindergartenstufe), the primary

level (Primarstufe), and the secondary level I (Sekundarstufe I). The secondary level I comprises the last

three years of compulsory schooling, which are completed in primary schools (Volksschule) or

in secondary schools (Mittelschulen).22

3 The secondary level II consists of vocational education and training

and education in secondary schools (Mittelschulen) after compulsory

schooling.

4 The tertiary level consists of education at universities,

universities of applied sciences (Fachhochschulen), and higher vocational colleges (Höhere Fachschulen).

11 1 Subsidiary educational services supplement the offerings of Subsidiary

the individual educational levels.

2 They include in particular measures and offerings in the areas of family, school, professions and work, as well as culture and sport.

3 The Canton promotes measures for the prevention of addiction and violence.

Educational

Services

Part 3: Educational Publishers

11 1 The Canton operates an educational materials publisher in the legal form of an

unincorporated public law institution.

Tasks

2 The educational materials publisher produces, acquires, and distributes educational materials

for the education system.

Part 4: Experiments

3. General

1 The Government Council may order pilot projects to obtain decision-making bases for the further development of the education system.

2 Within the framework of the pilot projects, deviations from ordinary legislation may be made, provided that the achievement of the goals of the education system remains guaranteed. The pilot projects shall be limited in time and evaluated.

3 The Canton may support pilot projects at non-state schools.

3 The support of trials by third parties is permissible, provided that such third-party funds

cannot influence the objectives, subject matter, and execution

and their reputation and business activities are compatible with the

educational purpose.

1. 1. 21-111

3

410.1

Part 5: Financial Services

A. Services to Educational Institutions

Principle

Subsidies

Education Act (BiG)

11 For educational institutions not regulated by other laws, services under Sections 14 and 15 may be provided.

22 1 The Canton may grant subsidies to

a. generally accessible education and training institutions, particu-

larly in the field of upper secondary education and adult education,

b. municipal and public school libraries,

c. institutions and third parties that provide services for the benefit of

the cantonal library network, the assurance of the quality of library

services, or the promotion of reading.

2 In the cases of paragraphs 1 lit. b and c, the subsidies amount to

up to two-thirds of the eligible costs.

3 The subsidies may be granted in the form of lump sums.

Cost shares

11 1 The Canton contributes cost shares of up to 80% of the

eligible operating expenses to the training and continuing education

institutions recognized by the Government Council.

2 Recognition requires that the institutions serve a public interest

and meet the conditions and requirements to be determined by the

Government Council.

3 The Government Council may enter into agreements regarding

the payment of cost shares.

B. Benefits to Trainees

Purpose

1 The canton supports individuals in training with contributions, provided that these individuals, due to their financial circumstances, particularly taking into account reasonable own contributions and third-party benefits, cannot cover the recognized education and living costs.21

**2 Educational contributions shall specifically24:**

a. promote equal opportunities,

b. ensure existential security during training,

c. facilitate a successful completion within the minimum training period.

**4**

**Education Act (BiG)**

23 In this Act

410.1

Definitions

Educational grants: Scholarships and loans,

Scholarships: educational grants which are not repayable,

Loans: educational grants which are repayable and bear interest after completion or termination of education.

24 1 Persons eligible for contributions are those with a scholarship-recognized domicile in the Canton who

a. possess Swiss citizenship,

b. possess the citizenship of a state with which the Swiss Confederation has concluded an agreement according to which the persons undergoing education are treated equally to Swiss citizens with regard to education contributions,

c. possess a settlement permit in Switzerland,

d. have possessed a residence permit in Switzerland for five years,

e. are refugees recognized by Switzerland and assigned to the Canton, or

f. are stateless persons residing in the Canton.

2 Eligibility for contributions ends upon reaching the age of 45.

Eligible Persons

Here is the English translation

23 1 The domicile of a person for scholarship purposes is determined by the civil law domicile of their parents. If they do not have a common domicile, the decisive domicile is where the trainee principally resides.

2 In the event of a withdrawal of parental custody, the seat of the competent child protection authority is decisive.

3 If the parents of the trainee live abroad or are deceased, the domicile for scholarship purposes is in the canton, provided no other canton or state is competent and the trainee

a. possesses cantonal citizenship and has not acquired another since its acquisition,

b. possesses the citizenship of a state that is not a member of the EU or EFTA and has their civil law domicile in the canton, or

c. in their capacity as a refugee or stateless person, is assigned to the canton.

1. 1. 21-111

5

410.1

Education Act (BiG)

Scholarship Domicile

a. Derived

b. Independent

c. Cessation

Qualifying Education/Training

Duration of Contributions

Unsuccessfully Completed Education/Training

23 1** An adult person with a first vocational training establishes their own domicile for scholarship purposes in the canton if they have been continuously resident in the canton for two years and during this time

a. were financially independent due to their own gainful employment;

b. maintained their own household with minors or persons in need of care;

c. performed military or civilian service; or

d. were unemployed.

**2** An adult person without a first vocational training must meet the requirements according to para. 1 lit. a–d for an additional four years.

23 The scholarship-related domicile in the canton ceases,

if the person in training establishes a scholarship-related domicile

in another canton or state.

23 1 Educational grants shall be provided for

a. courses of study leading to a federally or cantonal recognised qualification at secondary level II, as well as the prerequisite courses for such studies;

b. courses of study leading to a federally or cantonal recognised qualification at tertiary level, as well as the prerequisite courses for such studies;

c. vocational preparation years in accordance with the Introductory Act to the Federal Act on Vocational Education and Training13;

d. courses of study leading to a cantonal recognised qualification at secondary level I for adults.

2 In exceptional cases, grants may be provided for courses of study abroad. The ordinance shall regulate the details.

23 1 Contributions are paid for the minimum duration of education plus one year. If the minimum duration of education is less than two years, contributions are paid only for the minimum duration of education.

2 A person who has been in education for twelve years after fulfilling compulsory schooling no longer receives contributions. The time during which the person in education was gainfully employed or cared for their own children and did not receive contributions is only credited by half.

23 1 Anyone who, at tertiary level, changes their education or field of study after more than one year without special reasons, is not entitled to contributions during the first year of the new education.

6

Education Act (BiG)

410.1

2 Anyone who has dropped out of or unsuccessfully completed two educational programs after fulfilling their compulsory schooling loses their entitlement to contributions.

23 1 Training contributions represent a contribution to the financial needs Assessment

of the person undergoing training. of Training

2 The financial need is determined based on the family budget and the personal budget. It is calculated as the difference between the recognized costs, which are oriented towards the social subsistence level, and the creditable income.

3 The Ordinance regulates

a. the recognized costs and the creditable income of the family budget as well as the personal budget, whereby these can be lump-summed;

b. the circumstances to be taken into account for the calculation.

23 1 Until the completion of the 25th year of age, educational Form of

grants shall be awarded as scholarships. Educational

2 For the following reasons, scholarships may be awarded until no

later than the completion of the 28th year of age

a. Employment during education,

b. Care of own children,

c. Illness,

d. Military or civilian service,

e. Fulfilment of mandatory educational requirements.

Grants

a. Scholarships

23 1. Scholarships from the completion of the 25th year of age shall be awarded taking into account increased personal contributions.

b. Scholarships with increased

23 1 From the completion of the 25th year of age, training contributions c. Loans

can be obtained as loans.

2 After the completion of the 35th year of age, training contributions

shall be granted as loans.

3 The decisive point in time is the beginning of the academic year.

24 1 Applications for the granting of educational grants must be submitted in writing or electronically to the directorate responsible for education.

2 A claim to educational grants arises at the earliest from the first day of the following month in which the application is complete.

1. 1. 21-111

7

410.1

a. Competence

b. Duty to Cooperate

Reporting Obligation

Processing of

Personal Data

Granting of Loans

Repayment of

unlawfully

received

educational

grants

Education Act (EdA)

23 The applicant is obliged to truthfully disclose all circumstances material to the granting of educational grants. Any person who violates this duty may be excluded from further entitlement to grants.

23 1** Any person who receives or is required to repay educational contributions must report any change in facts giving rise to entitlement, as well as changes in name or address, to the Directorate responsible for education within 30 days.

**2** A violation of the reporting obligation may be penalized by the Directorate responsible for education with a loss of eligibility for contributions. The right to reclaim educational contributions, as well as the revocation of the grant of installment payments or deferment, remain reserved.

23 1 The applicant provides information on

a. their personal and financial circumstances, including specifically

claims against third parties,

b. the personal and financial circumstances of relatives who are

obligated to provide maintenance or support to them,

c. the personal and financial circumstances of other persons, insofar

as they are relevant for the assessment.

2 The Directorate responsible for education is entitled to obtain

information from third parties without the consent of the applicant or

the other persons mentioned in paragraph 1, if there are doubts about

the accuracy or completeness of the information or documents.

3 The administrative authorities of the Canton and the municipalities

shall provide the Directorate responsible for education with the data

necessary for the fulfillment of its enforcement tasks free of charge.

23 The canton may transfer the granting of loans by a bank or third parties. It guarantees the interest and repayment of the loans.

24 1 Training contributions that were received despite no entitlement

must be reimbursed. Additionally, interest of 4%

is owed from the receipt of the training contributions if

a. untrue statements were made or facts that are relevant for the calculation

were not reported, or

b. the training contributions were not used for the training.

2 The payment period is 30 days from the legal force of the reimbursement

order.

Education Act (BiG)

410.1

3 The ordinance regulates who owes the reimbursement of the training

contributions.

23 1 Loans become interest-bearing one year after the completion or termination

of the education. They must be repaid in full within a maximum of

ten years after the completion or termination of the education.

The Government Council determines the loan interest rate.

2 After completion or termination of the education, the Directorate

responsible for education determines instalment payments for repayment,

taking into account the economic capacity of the debtor.

3 For outstanding achievements during the educational qualification,

the Directorate responsible for education may grant a remission.

23 On request, the Directorate responsible for Education may grant Payment

facilities

or a remission, taking into account economic capacity.

and Remission

Part 6: Education Council

9 A consultative Educational Council is attached to the Directorate responsible for Education. The provisions regarding the rules of procedure of the Government Council apply mutatis mutandis to the Educational Council.

9 1 The Education Council promotes the education system and coordinates between the educational sectors.

2 It takes a stand on essential education policy issues, ensures comprehensive public information, and reports on its activities.

3 The decision-making powers of the Education Council in the individual educational sectors are regulated by further laws concerning the education system.

9 1 The Education Council consists of nine members. Its composition is as follows

1. ex officio, the member of the Government Council responsible for education,

2. individuals elected by the Cantonal Council upon application by the Government Council, from the fields of education, economics, culture, science, and social welfare, including one representative each from the teaching staff of primary schools, secondary schools, and vocational schools.

Composition

1. 1. 21-111

9

410.1

Education Act (EdA)

2 The member of the Government Council responsible for education presides.

3 The term of office for elected members of the Education Council is four years. Re-election is possible twice.

4 Representatives of educational institutions and organizations may be invited to meetings in an advisory capacity.

Composition

Duties

Part 7: Synod

11 1 The members of the School Synod are the teachers of the primary

school, the cantonal secondary schools, and the vocational schools.

2 The School Synod is divided into the Teacher Conferences

of the primary school, the secondary schools, and the vocational schools. Their

presidents form the executive board of the School Synod.

11 1 The School Synod, in consultation with the

level organisations, exercises the right of co-determination of the teaching staff in legal,

substantive, and organisational matters concerning the education system.

It ensures the flow of information between the teaching staff and

the Directorate responsible for the education system.

2 It advises on essential questions concerning the Zurich education system

and submits proposals to the authorities. It nominates representatives to the

Education Council and to the Education Council's commissions.

3 Directives of the School Synod and the teachers' conferences

of compulsory schools, secondary schools, and vocational schools can

be challenged by appeal to the Directorate responsible for the education system.

Repeal

of previous

Law

Part 8: Final Provisions

Revoked enactments

a.12 the Education Act of 23 December 1859,

b.3 the School Pilot Projects Act of 7 September 1975.

10

Education Act (EduA)

410.1

Amendments

to existing

law

a. The Administrative Justice Act of May 24, 1959: . . . 2, 9

b. The Secondary School Act of June 13, 1999: . . . 2, 6, 10

c. The Implementing Act to the Vocational Training Act of June 21, 1987: . . . 2, 7, 10

d. The Act on Further Education in Home Economics of September 28, 1986: . . . 2, 5

e. The Act on the University of Teacher Education of October 25, 1999: . . . 2, 5

f. The Universities of Applied Sciences Act of September 27, 1998: . . . 2, 9

g. The Act on the University of Zurich of March 15, 1998: . . . 2, 8, 10

23 1 Applications concerning a training year that commenced prior to the entry into Transitional

force of this Act shall be assessed under the previous law. provisions

2 Persons who, under previous law, received contributions for their training and, due to the

new law, lose their eligibility for contributions, shall remain eligible for contributions until

the ordinary completion of the commenced training. The calculation and payment of contributions

shall be governed by the new law.

3 For the repayment, deferral, and waiver of training contributions, as well as interest,

the law applicable at the time the contribution was granted shall apply.

for the amendment

of April 27,

2015

1 OS 58, 3.

2 For text, see OS 58, 3.

3 In force since February 1, 2003 (OS 58, 12).

4 In force since July 1, 2003 (OS 58, 77).

5 In force since July 1, 2003 (OS 58, 153).

6 In force since July 1, 2003, except for the amendment of § 39 of the Secondary School Act

(OS 58, 153).

7 In force since July 1, 2003, except for the amendment of § 34 of the Implementing Act to the

Vocational Training Act (OS 58, 153).

8 In force since July 1, 2003, except for the amendment of § 46 of the University Act

(OS 58, 153).

9 In force since January 1, 2004 (OS 58, 271).

10 Fully in force since January 1, 2004 (OS 58, 271).

11 In force since October 1, 2004 (OS 59, 290).

12 In force since December 31, 2007 (OS 61, 220).

13 LS 413.31.

14 SR 831.10.

1. 1. 21-111

11

410.1

Education Act (BiG)

15 Inserted by the Act on the Adaptation of Cantonal Administrative Procedure Law of March 22, 2010 (OS 65, 390; ABI 2009, 801). In force since July 1, 2010.

16 Version in accordance with the Act on the Adaptation of Cantonal Administrative Procedure Law of March 22, 2010 (OS 65, 390; ABI 2009, 801). In force since July 1, 2010.

17 Inserted by the Act on the Adaptation of Legislation in the Area of the Department of Education to the Act on Information and Data Protection of August 24, 2015 (OS 71, 9; ABI 2014-11-14). In force since May 1, 2016 (OS 71, 115; ABI 2016-04-15).

18 Version in accordance with the Act on the Adaptation of Legislation in the Area of the Department of Education to the Act on Information and Data Protection of August 24, 2015 (OS 71, 9; ABI 2014-11-14). In force since May 1, 2016 (OS 71, 115; ABI 2016-04-15).

19 Inserted by the Act on the Adaptation of Legislation in the Area of the Department of Education to the Act on Information and Data Protection of August 24, 2015 (OS 71, 9; ABI 2014-11-14). In force since January 1, 2017 (OS 71, 463; ABI 2016-10-14).

20 Version in accordance with the Act on the Adaptation of Legislation in the Area of the Department of Education to the Act on Information and Data Protection of August 24, 2015 (OS 71, 9; ABI 2014-11-14). In force since January 1, 2017 (OS 71, 463; ABI 2016-10-14).

21 Version in accordance with the Act on the Adaptation of Legislation in the Area of Training Contributions (Stipend Reform) of April 27, 2015 (OS 71, 483; ABI 2015-02-20). In force since January 1, 2017.

22 Version in accordance with the Act of April 15, 2019 (OS 74, 602; ABI 2018-06-22). In force since January 1, 2020.

23 Inserted by the Act on the Adaptation of Legislation in the Area of Training Contributions (Stipend Reform) of April 27, 2015 (OS 71, 483; ABI 2015-02-20). In force since January 1, 2021 (OS 75, 425).

24 Version in accordance with the Act on the Adaptation of Legislation in the Area of Training Contributions (Stipend Reform) of April 27, 2015 (OS 71, 483; ABI 2015-02-20). In force since January 1, 2021 (OS 75, 425).

12