Legislator Case Law & Legislation
412.100 VSGLSE CH-ZH

Primary Education Act (PEA) (VSG)

112 Articles / Provisions · Switzerland · Canton of Zurich
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Table of Provisions (112)

Statutory Text (112 Articles)

1 This Act governs education and schooling in the public primary

school, including special education in accordance with § 36.64.

2 The Act applies to public schools and, insofar as it expressly

provides, to private schools where compulsory schooling can be fulfilled.

Object, Scope

were granted under previous law remain valid. Indefinite permits

remain valid for four years after the new law comes into force.

2 Permit adjustments are governed by the new law.

1 The public school educates towards behaviour that is oriented towards educational

and Christian, humanistic, and democratic values. In doing so, it upholds freedom of belief

and conscience and shows consideration for minorities. It promotes girls and boys

equally.

2 The public school complements education within the family. School

authorities, teachers, parents, and, if necessary, the responsible organs

of youth welfare cooperate.

3 The public school fulfills its educational mandate through the design

of teaching and community life at school.

4 The public school imparts fundamental knowledge and skills;

it leads to the recognition of interrelationships. It promotes respect

for fellow human beings and the environment and strives for the holistic

development of children into independent and community-capable

individuals. The school endeavours to awaken and maintain the joy of learning and

achievement. In particular, it promotes a sense of responsibility, willingness to perform,

judgment and critical thinking skills, and the ability to engage in dialogue. The instruction

takes into account the individual talents and inclinations of the children and creates the

foundation for lifelong learning.

21 1 All children residing in the canton have the right to attend public

primary school.

Right to attend school

and compulsory

schooling

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412.100 Primary School Act (VSG)

Processing

of personal

data

a. In

general

b. Reporting

obligations upon

school transfer

c. Data exchange

between providers

of day structures

and schools

d. Data from

school psychological

services

2 Children who complete their fourth year of age by July 31 of a given

year become subject to compulsory schooling at the beginning of the

next school year. Compulsory schooling lasts eleven years, but no

longer than until the completion of primary school.33

3 Pupils who have completed their 16th year of age are released from

compulsory schooling. They are entitled to finish the level they are attending.

4 For important reasons, the school board may, upon request by the

parents, decide on an early release from compulsory schooling, at the

earliest after ten school years or upon completion of the 15th year of age,

provided that an out-of-school occupation is guaranteed. Release

pursuant to § 52 remains reserved.

48 1** The competent public bodies shall process data, including personal data and special categories of personal data of pupils, for the fulfillment of their duties under this Act.

**2** Data in accordance with para. 1 shall include, in particular, information regarding

a. academic performance,

b. work, learning, and social behavior,

c. special educational measures in accordance with § 34,

d. disciplinary measures in accordance with § 52,

e. periods of absence in accordance with § 52a,

f. religious affiliation, health, and family circumstances.

48 Upon a change of schools, the school discloses to the new school or the municipality the personal data and special categories of personal data of pupils necessary for admission.

56 Providers of day structures pursuant to § 30a and schools may exchange personal data and special categories of personal data concerning pupils among themselves.

48 1 The Directorate and the school psychology services grant each other direct electronic access to data, including personal data and special categories of personal data, for their tasks pursuant to Sections 36 (4) and 38.

2 The Directorate regulates the access rights and issues data security regulations.

Primary School Act (VSG)

Part 2: Public Primary School

Section 1: General Provisions

A. Structure

412.100

The public elementary school consists of the kindergarten level, the primary level, and the secondary level.

1 Children who complete their fourth year of age by July 31st of a given year begin kindergarten at the start of the next school year.

Kindergarten Level

2 The kindergarten level lasts two years.

3 Exceptionally, transfer to primary level may occur after one or three years if the child's intellectual and personal development allows or requires it.

1. Primary school lasts six years.

2. After three years, the teacher responsible for the class typically changes, as does the composition of the class, if possible.

Primary Level

1. **Secondary I Level**

The secondary I level lasts for three years and usually comprises two or three sections.

2. The ordinance designates the subjects in which pupils can be taught at three different performance levels, regardless of their assignment to a particular section.

26 The last year of compulsory schooling can also be fulfilled by attending vocational preparation years in accordance with Article 5 para. 1 of the Introductory Act to the Federal Act on Vocational Education and Training of 14 January 200813.

27

B. Place of Education and Gratuitousness

The right to attend school applies at the place of residence. If pupils usually stay outside their place of residence on weekdays, school must be attended at that location.

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Primary Education Act (VSG)

Free of charge and parental contributions

Decision on school location and school fees

City of Zurich and Winterthur

Special schools

Hospital schools

Courses in native language and culture

1 Instruction is free of charge at the school location. If instruction is attended outside the school location, a school fee may be levied from the parents or the transferring municipality.

2 Teaching materials and school supplies are provided free of charge.

3 If students are provided with meals by the school, such as during external school attendance and class camps, contributions towards the meal costs may be levied from the parents.

4 If students attend day structures outside of block times, contributions are generally levied from the parents.

If the parties cannot agree, the Directorate determines the school location, the obligation to pay costs, and the amount of the tuition fee.

C. Special Regulations

The Government Council may issue regulations for the cities of Zurich and Winterthur that deviate from the organizational provisions of this law, provided that the special circumstances of the cities require this.

The Government Council may approve schools with educational focal points or framework conditions for particularly gifted students that deviate from the legislation.

62 1 Hospitals and clinics designated by the Directorate in the sense of health legislation may offer schooling and speech therapy as a pedagogical-therapeutic measure for children and adolescents of compulsory school age.

2 The Directorate shall regulate the supervision of hospital schools in an ordinance.

D. Supplementary Services to Compulsory Education

1 The Directorate may recognize courses in home language and culture offered by extra-curricular providers.

2 The ordinance regulates the conditions for recognition and its consequences.

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Primary and Secondary School Act (VSG) 412.100

68 Basic musical education can be provided within the framework of coordinated teaching times according to § 27 Para. 2. Basic Musical Education

Tutoring Assistance

Municipalities can offer supervised study hours and, in special cases, obligate students to participate.

32 Students who are temporarily disadvantaged at school due to special circumstances, particularly as a result of moving from another school system or prolonged illness, receive remedial classes/tutoring.

The municipalities offer voluntary school sports within the scope of their possibilities.

E. Supporting Services

41 Psychological Services

1. Municipalities shall maintain school psychological services which shall, in particular, fulfill the following tasks

a. Undertaking school psychological assessments in accordance with the primary school legislation;

b. Providing school psychological counseling to pupils, parents, teachers, and school authorities.

2. The Government Council shall regulate the details and, after consulting the affected municipalities, shall determine the minimum size of the services.

1 The communes shall designate the school medical services. These

shall perform the duties incumbent upon them under health legislation.

School medical

service

2 The Ordinance shall regulate the type and scope of examinations

and measures to be carried out. The free choice of physician is guaranteed.

Section 2: School Operations

A. Content

1 The Education Council issues the curriculum. This curriculum legally Curriculum

determines the stage objectives and the fundamental content of the instruction.

It may define mandatory annual objectives for individual subjects. The

curriculum ensures that the stage objectives and content of the subsequent

stage are not anticipated.

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412.100 Public School Act (PSA)

2 The curriculum comprises the lesson tables, which determine the instruction

time and the framework for its allocation among the subjects.

3 It contains a language concept that regulates instruction in German

and in foreign languages.

4 It designates the mandatory subjects and the optional

instruction. For the latter, it may specify an obligation to offer it.

1 The Education Council regulates the use of teaching materials in

instruction. It may declare certain teaching materials mandatory.

2 The municipalities provide the teaching materials and the necessary

equipment.

3 The Education Council appoints a Teaching Materials Commission. This Commission is

responsible for ensuring that suitable, curriculum-aligned, and practical

teaching materials are available.

4 The Commission is chaired by a member of the Education Council.

It consists of specialists, teachers from all levels of compulsory schooling,

and a representative of the teaching materials publisher.

Design of Instruction

The teacher has the right, within the framework of the curriculum,

the mandatory teaching materials, the school program, and the decisions

of the school conference, to freely shape the lessons.

Language of

Instruction

Additional

Offers

36 Language of Instruction in the First Two Years after Enrollment (Kindergarten Level) is generally the local dialect; from the third year (Primary and Secondary Level), it is generally the standard language.

Schools with a high proportion of foreign language speakers provide additional offers. These raise the performance level of all students by improving, in particular, the German language skills of foreign language students, as well as promoting integration and cooperation between the school and parents.

Classes

B. Organization

1 Pupils are assigned to a class.

The Ordinance determines the class size. For each class, one

teacher or two teachers are jointly responsible.

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2 The maximum number of teachers who teach the subjects of the

curriculum, excluding Integrative Support, in a class is generally:46

a. at kindergarten level, two teachers,

b. at primary level, three teachers.

3 The school administration may temporarily increase the maximum

number of teachers due to organizational necessity.46

4 Instruction generally takes place in classes. It may be partially

provided in other groups, particularly inter-class groups. Class formation

based on performance requirements is not permitted at kindergarten and

primary levels.

5 If continued attendance in the assigned class is unreasonable for a

pupil, they will be assigned to another class, if necessary in another

municipality.

56 1 Instruction takes place from Monday to Friday. The School Hours

**Ordinance may provide for special school events on Saturdays.**

**2 The timetable primarily considers the interests of the pupils and**

**ensures uninterrupted instruction or other free supervision throughout**

**the entire morning (block times).**

**3 The Ordinance regulates block times and half-class instruction.**

Absences and Exemptions

The Ordinance regulates absences and exemptions from lessons or individual subjects.

The schools conduct public visiting days. These visiting days can also take place on Saturdays.

The school holidays last for pupils at most 13 weeks annually. The ordinance regulates the calculation of the holidays.

C. Day Structures55

55 Day Structures – Principle

1 Day structures are care services that students can attend in addition to lessons.

2 The municipalities regularly determine the need for day structures and provide a corresponding offering.

3 They may commission third parties with the operation of day structures.

4 Attendance at day structures is voluntary.

55 1 In day schools, instruction and care are

a. combined through pedagogical, organizational, personnel, and spatial

measures,

b. offered on several days per week.

2 Day schools may designate care offerings that are mandatory to attend.

3 If lunchtime care in the day school is mandatory, the duration of the lunch break may be reasonably shortened.

4 Municipalities with day schools ensure that school attendance is possible without mandatory care.

5 With the consent of the involved municipalities, a student may attend a day school in another municipality. The tuition fees shall be borne by the municipality of residence.

Childcare Centers

a. Obligation for a permit

55 1 Daycare centers pursuant to Art. 13 para. 1 lit. b of the Ordinance

of 19 October 1977 on the Admission of Foster Children (PAVO)16

for compulsory school-age children require a permit from their respective

municipality and are subject to its supervision.

2 Permits are required if the facility offers, for a fee, at least 25 hours

of childcare service per week and regularly seven or more places.

3 The obligation to obtain a permit does not apply if no child is offered more

than twelve hours of care per week or more than four hours of care

per day.

4 The Ordinance regulates the duration for which a child may be cared for

in a daycare center.

5 The permit is granted to the sponsoring body.

6 Daycare centers operated by municipalities are not subject to the

permit requirement.

7 The municipalities report the name and address of the

daycare centers in their area and their sponsoring body to the Directorate.

b. Permit

Requirements

55 The Ordinance regulates the details for granting

the license for the operation of a children's daycare center, particularly with

regard to

a. conception and organization of the children's daycare center,

b. staffing levels,

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Primary Education Act (VSG)

412.100

c. personal suitability, professional training, and professional experience of the persons

working in the children's daycare center,

d. premises and their equipment.

55 1 Children are generally cared for in groups with a maximum of c. supervision-

22 places. If children with special care needs are looked after in a day nursery, the number of children looked after must be reduced.

2 There must always be a trained supervisor present in each group. If more than eleven places are occupied, a second supervisor must be present. The ordinance regulates deviations for full-day schools.

3 Care concepts deviating from para. 1 are possible if

a. the supervision ratio according to para. 2 is ensured, and

b. the needs of the children being cared for are met with special measures.

D.56 Assessment and Promotion

1. Assessment of Primary and Secondary School Students

Students in primary and secondary school are regularly assessed. Particular consideration is given to performance, learning development, and behavior. Performance is assessed by grades in the semester report card. Deviations from this may occur up to and including the first year of primary school and in cases of special educational measures.

2. Students receiving integrative support or therapies are also assessed by special education teachers.

3. The Education Council regulates the content and form of written assessment.

1 Regarding promotion to the next class, advancement to

the next stage, and transitions within secondary education and transfers,

the affected teachers, the school administration, and the

parents decide jointly. If no agreement can be reached, the

school board decides; for transitions to secondary education, the school board

responsible for the upper level decides.

2 If it is indicated due to performance and developmental stage,

students may repeat or skip classes.

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412.100 Primary and Secondary Education Act (VSG)

3 School career decisions are made based on an overall assessment.

The basis for the overall assessment is academic performance.

Section 3: Special Needs Education Measures

Purpose

Types

Duties

of the Municipalities

Provisions

for Special

Education

a. In

General

21 1 Special educational measures serve the schooling of students with

special educational needs. Wherever possible, students are taught in

the regular class.

2 The ordinance regulates the details and scope of special educational

measures according to § 34.

21 1 Special Needs Educational Measures** are Integrative Support, Therapy, Introductory Instruction, Special Classes, and Special Education.

2 Integrative Support is the assistance provided to pupils by support teachers and regular teachers.

3 Therapy is the individual assistance provided to pupils with specific educational needs.

4 Introductory Instruction is the instruction for foreign language speakers who do not attend introductory classes. It serves to acquire and promote the German language.

5 Special Classes are learning groups conducted outside of regular classes. Permissible are introductory classes, introductory classes for foreign language speakers, and small classes for pupils with particularly high support needs.

6 Special Education is the schooling of children who cannot be adequately supported in regular or small classes.

21 Municipalities offer Integrative Promotion, Therapies, and Introductory Classes. They may also run Special Classes. They ensure special education.

64 1 Special education encompasses instruction, therapy, upbringing, and care, as well as counselling and support for mainstream schools. It is offered by public or private institutions or municipalities in the following forms

a. day special education,

b. special education in an institution that provides residential care according to § 9 of the Child and Youth Residential Care Act of 27 November 2017,

c. integrated special education under the responsibility of a special school,

d. integrated special education under the responsibility of a mainstream school,

e. individual instruction.

2 The entitlement to special education exists from the time of entry into kindergarten level until the completion of schooling, but at the latest until the completion of the 20th year of age.

3 The form of special education is chosen taking into account the special educational needs and other circumstances. If equally suitable special schools are available, the more cost-effective solution is to be preferred.

4 Special schools require a permit from the Directorate. It is granted to the supporting body.

5 The Ordinance regulates the details for granting the permit for the operation of a special school, particularly with regard to

a. concept and organisation,

b. qualification requirements for personnel,

c. premises and their equipment,

d. necessity for cantonal provision.

6 The Directorate regulates the supervision of special education.

64 Integrated Special Education

According to § 36 para. 1 lit. c and d, instruction in integrated special education takes place predominantly in a regular class.

1 The decision regarding special education measures – particularly student

placement – is made jointly by the parents, the teacher, and the school administration.

2 If a special school placement is considered, the cooperation and consent of the school board are required.

3 As a rule, a special education professional or a school psychologist is consulted in an advisory capacity.

21 1 If no agreement can be reached on the special education measure or if there are uncertainties, a school psychological assessment will be conducted. This can be ordered by the school board even against the will of the parents. The assignment to introductory instruction or an introductory class can take place without an assessment.

2 The school psychological assessment is carried out within the framework of a classification system designated by the Directorate.

3 If necessary, other specialists can be consulted.

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412.100

Primary Education Act (VSG)

Decision

Review

School Authority

Services and

Organisational

Statute

School Programme

School Board

21 If, after a conducted school psychological assessment, no agreement is reached among the parties involved, the School Board decides. It shall take into account the child's well-being and the impact on school operations.

21 1 The municipalities shall ensure that the ordered measures are reviewed for their necessity and effectiveness.

2 On behalf of a municipality, the school psychological service may carry out the review, provided that this does not impair the fulfillment of its duties according to § 19 para. 150.

Section 4: Organization and Bodies

1 The municipalities operate the public primary school.

2 The school board designates the schools.

58 1 The school board determines the offerings and organization of the schools.

**2 It enacts an organizational statute. This statute regulates, within the framework of legislation and the municipal ordinance, the responsibilities and decision-making powers within the municipality.**

**3 Each school organizes itself within the framework of the organizational statute.**

58 School Programme

1. Every school shall create a school programme. This programme shall define the goals of the school for the coming years and the measures planned for the implementation of these goals.

2. The school shall ensure the publication of its school programme and shall report on the achievement of its goals.

59 1 The school board leads and supervises the schools. It

implements cantonal decrees and resolutions, unless another body is

responsible for this on the basis of legislation or the organisational statutes.

2 The school board conducts regular school visits.

3 The school board has, in particular, the following duties

a. Approval of the school program,

b. Appointment and dismissal of the school administration, teachers, and

other staff members, as well as their allocation to the schools,

c. Supervision of the school administration, teachers, and other

staff members,

d. Assessment of the school administration,

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Elementary and Secondary Education Act (VSG)

412.100

e. Allocation of pupils to the schools,

f. Allocation of financial resources to the schools and control over

their use,

g. External representation of the schools and informing the public.

4 The school board may delegate duties for independent execution

to

a. Subordinate commissions, subject to or in analogous application of

§ 50 of the Municipal Act of April 20, 20153,

b. Municipal employees, provided that a basis exists in the municipal

bylaws and the duties and decision-making powers are specified in

the organisational statutes.

5 The following duties are non-delegable

a. Duties according to §§ 41 para. 2, 41a para. 1 and 2, and 42 para. 2

and 3 lit. a, d, and f,

b. Appointment and dismissal of school administrations,

c. Dismissal of teachers.

6 The municipal bylaws regulate the participation of one representative

each from the teachers and the school administrations with advisory voting

rights in the meetings of the school board. The right to participate may be

excluded for individual items on the agenda.51

59 1 The municipal law may provide for a Head of Education for municipalities with at least three schools. This person is employed under municipal law. They lead the school administrations and the school administration, or only the school administrations.

**2 The Head of Education may be assigned tasks of the school board or the school administration. The assigned tasks and competencies are laid down in the organizational statute.**

1 The school administration is responsible for the administrative, personnel, and

financial management and, together with the school conference, for the

pedagogical leadership and development of the school.

The school administration is guided by the school program. It conducts visits

to the classes.

2 The school administration has, in particular, the following duties:59

a. within its own competence

1. administrative management of the school,

2.61 personnel management and assessment of teaching staff and

3. other employees,

allocation of pupils to classes,

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412.100 Public School Act (VSG)

School Conference

School

Administration

4. setting timetables,

5. managing the funds allocated to the school,

6. leading the school conference.

b. with the involvement of the school conference

1. quality development and assurance in the school,

2. determining special forms of instruction and organization

such as project weeks, class camps, excursions.

1 The teaching staff at a school form the school conference. The ordinance determines a minimum workload for part-time teachers as a prerequisite for membership in the school conference. The school board regulates the participation of other employees.

2 The school conference establishes the school program and decides on measures for its implementation.

3 It addresses the common pedagogical orientation of the school and the problems of everyday school life. It may submit proposals to the school board, particularly for the appointment of the school management.

59 1 The municipalities may delegate organizational and administrative tasks of school administration.

2 The school board regulates the details in the organizational statute.

Responsibility

Evaluation of Schools

Section 5: Quality Assurance18

18 1 The Education Council determines the quality standards.

2 The schools and the school boards are responsible for quality assurance.

3 The review of school quality is carried out by the School Evaluation Office. The Office is professionally independent.

4 The Government Council appoints the members of the Office. In addition to their professional qualifications, these members must also possess knowledge of the Zurich education system.

39 1 The School Evaluation Office reviews the quality of schools in pedagogical and organizational terms at least every five years. It reports to the school and the school board.

2 The Office may also act upon request from the municipality.

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Elementary and Secondary School Act (VSG)

412.100

3 If significant quality deficiencies are identified, the school board orders the necessary measures. The schools can make proposals for this. The school board informs the Office about the measures taken.

18 The Specialist Unit annually submits a comprehensive report to the Government Council

Comprehensive report on the status of schools.

Section 6: Position of Students and Parents

A. Students

1 The school operates based on the well-being of the students – Principles.

2 Students fulfill their duties and actively participate in school life.

3 Students are involved in decisions affecting them, unless their age or other important reasons speak against it. The organizational statute and the school program provide for co-responsibility and a say for students that is appropriate for their age and developmental stage.

Is the welfare of a pupil endangered within the meaning of Article 307 ZGB15 (Swiss Civil Code), the School Board shall inform the authority responsible for child protective measures.

1 Should disciplinary difficulties not be resolvable by the disciplinary

teacher in the classroom, the following measures may be

ordered

a. by the school administration

1. Discussion,

2. Written Reprimand,

3.32 Temporary Suspension from lessons for a maximum of

two days,

4. Transfer to another class.

b. by the school board

1. Exclusion from optional lessons, if the misconduct is

related thereto,

2.33 Temporary Suspension from compulsory lessons for a

maximum of four weeks,

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412.100 Compulsory School Act (CSA)

3. Transfer to another school,

4. Dismissal from compulsory schooling in the final school year.

2 In the event of a temporary suspension from lessons,

parents shall be informed early. If a student is

dismissed from compulsory schooling, the school board shall initiate the necessary

accompanying measures.

Time-out § 52 a.32 1 For students who, due to their behavior, are

no longer tolerable in the classroom, the school board may

order a time-out of a maximum of twelve weeks.

2 The order shall define the goals and the structure of the time-

out.

3 During the time-out, students shall receive

instruction and educational support.

Special Education § 53. 1 If a student endangers other persons

or severely impairs school operations,

the school board may order special education.

2 If the parents do not consent to special education with external placement,

the school board shall inform the authority responsible for ordering child

protection measures.

3 In urgent cases, the school board may, by notifying

the authority responsible for child protection measures, decide on an immediate

school exclusion and arrange precautionary measures, in particular

placement in a residential home.

Cooperation

and

Information

Participation

in General

Individual

Participation

B. Parents

1 School authorities, teachers, and parents collaborate within the framework of their respective responsibilities.

2 Parents are regularly informed about the conduct and performance of their children. They, in turn, inform the teachers or school administration about their children's conduct and about events in their environment, insofar as these are relevant to the school.

The organizational statute ensures and regulates parental involvement. Involvement is excluded in personnel decisions and methodological-didactic decisions.

1 The parents participate in important decisions that affect their child individually. They take part in preparatory discussions.

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**Primary and Secondary School Act (VSG)**

**412.100**

**2 Parents, as well as mothers and fathers who do not have parental custody, may attend their children's lessons, provided that school operations are not thereby impaired.**

**3 In special cases, the school management or the school board may declare attendance at individual parent events obligatory.**

Parental Obligations

Parents and third parties to whom a student has been entrusted are responsible for the upbringing, regular school attendance, fulfillment of compulsory schooling, and the associated obligations.

32 Parents' Education Courses

1 The Canton shall ensure a sufficient offering of parents' education courses.

2 For parents who fail to fulfill their parental duties according to § 57, or fulfill them inadequately, the school board may order attendance at a parents' education course.

3 The course costs shall be borne by the parents, within the framework of the cost recovery and equivalence principles.

**Section 7: Teaching Staff**

38 The teachers teaching at the public elementary school within the meaning of § 1 para. 1 of the Teachers Act of May 15, 1998, form the teachers' conference of the elementary school.

Teachers' Conference of the Elementary School

37 1 The teaching staff exercises its right of co-determination in matters concerning the educational system through a Delegates' Assembly. The Delegates' Assembly is attended by the delegates or their substitutes.

2 Two to four ordinary Delegates' Assemblies take place annually. The Directorate may approve further assemblies. The assemblies take place during non-teaching time.

3 The canton contributes to the costs of the Delegates' Assembly with flat rates. It compensates the delegates and the executive board.

Delegates' Assembly

a. Execution

37 1 The members of the Teaching Staff Conference elect the b. Election of

delegates and their substitutes by district according to the Delegates

majority voting system. The ordinance regulates the details.

2 The number of delegates per district corresponds to half of the

cantonal council seats allocated to the district. If the number of seats is odd,

the quotient is rounded up.

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412.100 Primary Education Act (VSG)

c. Duties

38 1 The Assembly of Delegates adopts positions on important school-

related questions, in particular

a. on amendments to fundamental legal bases,

b. on new school concepts,

c. on amendments to the curriculum,

d. on the introduction and amendment of mandatory teaching materials.

2 It nominates the representatives of the public school system to the Education Council.

3 The Directorate may present the matters under para. 1 at the Assembly of Delegates.

4 It regularly holds discussions with the Executive Board of the Assembly of Delegates. It ensures appropriate representation of the teaching staff in commissions of the Directorate and the Education Council.

d. Executive Board

37 1 The Assembly of Delegates elects from among its members the President and the other members of the Executive Board.

2 The Executive Board

a. represents the Primary School Teachers' Conference externally,

b. prepares the meetings of the Assembly of Delegates,

c. submits to the Executive Board of the School Synod the representation of the primary school in the Education Council.

3 The President is a member of the Executive Board of the School Synod.

Private

Organisations

For questions that concern only a part of the teaching staff,

the school administration may transfer the right of participation to private organizations

representing this part of the teaching staff, or provide for other

forms of participation.

Cost Share

of the Canton

Section 8: Finances 20

45** **1** The Canton shall assume a total of 20% of the remuneration of teaching staff and school principals subject to the Teaching Staff Act, who are employed within the scope of their allocated or granted full-time equivalents. It shall assume the same proportion of expenses for occupational provisions, insurances, severance payments, costs for case management, and compensation.

**260**

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**Primary and Lower Secondary School Act (VSG)**

**412.100**

30 1 The Canton provides the municipalities with a share of the costs, Further contributions to the municipalities

which corresponds to the applicable contribution rate for the remuneration of teaching staff, for

a. the special schools according to § 14,

b. temporary activities approved by the Education Council and declared eligible for contributions by the Government Council.

c. ...53

2 The Canton pays cost shares for additional services according to § 25 up to the full amount of the eligible costs.

3 The Canton pays cost shares for the schooling of children from transit centres for asylum seekers. In times of extraordinary immigration, it may grant subsidies for special schooling offers approved by it, both up to the full amount of the eligible costs.

4 The Government Council may set lump sums and maximum rates and determine that contributions below a minimum amount will not be paid out.

63 1 The Canton and the municipalities shall bear the costs for contributions to

**hospital schooling, instruction, and speech therapy as a pedagogical-therapeutic measure in hospital schools.**

**2 The Directorate shall pay cost shares up to the amount of the eligible costs for instruction in hospital schools, taking into account contributions from third parties.**

**3 The municipalities of residence of the parents shall bear on average 65% of the costs of hospital schooling pursuant to paragraph 167.**

**4 The municipalities' share shall be apportioned among the individual municipalities according to their population.**

**5 The Ordinance shall regulate:**

**a. the crediting of eligible costs,**

**b. the details of determining the municipal shares and the procedure,**

**c. the billing with respect to other Cantons,**

**d. the accounting and reporting obligations of the service providers.**

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Primary School Act (PSA)

Costs of Special

Education

a. Determining Costs

b. Costs borne by

the Municipalities

c. Cost Shares for

Special Education

d. Cost Shares for

Integrated Special

Education

64 1 The costs of special education comprise the costs for

a. instruction,

b. therapies,

c. upbringing,

d. care,

e. counseling.

2 Determinative for special education in accordance with § 36 para. 1 lit. a-c are

the amounts stipulated in the performance agreements in accordance with § 65b for the provision of services, which remain after the deduction of statutory third-party benefits.

63 1 The parents' municipalities of residence bear on average

65% of the costs of special education in accordance with § 36 para. 1 lit. a-c.

2 The share of costs for instruction, therapy, and day care

is apportioned among the municipalities of residence based on the number of students

placed in eligible special education programs in accordance with § 36 para. 1 lit. a-c.

3 The ordinance regulates the details for determining the municipal shares

and the procedure.

4 The parents' municipalities of residence bear the full costs of special

education in accordance with § 36 para. 1 lit. d and e, as well as for the school commute to

special education in accordance with § 36 para. 1 lit. a-e.

64 1 The Directorate decides on the temporary eligibility for contributions

of special schools.

2 The Directorate bears on average 35% of the relevant costs

of special schooling according to § 64 para. 1 lit. a-d.

3 The cost share can be paid as a lump sum.

4 The ordinance regulates

a. the crediting of costs and revenues,

b. the consequences of over- or under-coverage in the case of lump-sum state contributions,

c. the requirements for the utilization of service offerings,

d. the accounting and reporting obligations of service providers.

64 1 If a regular school is responsible for integrated special needs education

according to § 36 para. 1 lit. d, the Directorate shall pay cost

shares to the municipalities, if the costs exceed the municipality's share

stipulated in the ordinance.

2 The canton's cost share may not exceed the amount for a comparable

offer according to § 65 para. 2.

20

Primary and Lower Secondary Education Act (VSG) 412.100

64 1 The Directorate shall conclude fixed-term performance agreements e. Performance

with the sponsoring bodies of special schools. These may be concluded Agreements

as multi-year framework agreements and further specified through

annual contracts.

2 The performance agreement shall regulate, in particular

a. the type and scope of services,

b. the requirements for employment conditions and the training of

personnel,

c. the number of pupils whom the special school must admit from its

assigned catchment area,

d. the assessment of the flat rate,

e. the amount of the cost share,

f. the billing for services provided to children and young people

residing outside the canton,

g. quality assurance and development,

h. reporting.

64 1 The Directorate may grant subsidies for projects within the framework of special f. Subsidies

education, which particularly

a. promote the quality development and assurance of the services,

b. serve the development and testing of services,

c. support the further development of professional and methodological competence.

2 The subsidies may be granted up to the amount of the uncovered costs of the projects.

64 1 The Directorate may award grants for building projects and acquisitions to sponsoring bodies of special schools up to the amount of recognized expenses if their services

**a. are necessary for provision, and**

**b. the raising of external capital is not possible.**

**2 The Canton and municipalities bear the cost shares according to the provisions in**

40, 66 The Government Council may enter into agreements with other cantons regarding participation in the operating deficit of special education institutions. Based on such agreements, the canton shall contribute cost shares to other cantons or to out-of-canton special schools up to the full amount of the eligible expenses for children and young people from Zurich.

h. Intercantonal Agreements

1.10.24 - 126 21

412.100 Primary and Secondary Education Act (VSG)

Costs of

Remedial

Teaching

Costs

of Leave

School Fees at

Special

Schools

Deployment of

Municipal Funds

Third-Party Funds

Intercantonal

Contracts

Private Schools

32, 67 The municipalities bear the costs.

32, 67

1 The municipalities bear the costs.

2 They may levy contributions from parents towards the catering costs.

47,67 1 The municipality of residence of the parents bears the costs of

training at a Special School in accordance with § 14.

2 The supporting municipality determines the amount of the school fees.

20 If the allocation of resources by a municipality endangers equality of opportunity, particularly through the under- or over-utilisation of the full-time equivalents allocated according to § 3 of the Teachers' Personnel Act, the Cantonal Government Council may require the municipality to reduce or increase its allocation of resources. If the municipality fails to comply with this request, the canton's share of teachers' salaries or other cost contributions may be reduced or refused.

20 1 Support for schools by third parties is permissible,

provided that they cannot influence school operations and

the resources provided are only supplementary in nature.

2 The origin of the funds must not contradict the reputation of the public school and

its purpose.

3 The school board reports larger donations to the Directorate.

32 If the canton, based on intercantonal agreements, assumes costs for the fulfillment of compulsory schooling instead of the municipalities, or if such costs are reimbursed to the canton, it will pass these on to the municipalities.

3. Part: Private Schools and Private Instruction18

18 1 Private schools where compulsory education can be fulfilled require a permit from the Directorate. This permit is granted if the education offered there is equivalent to the education at the public primary school.

2 The Directorate may authorize private schools that only partially fulfil the curriculum if teaching is predominantly conducted in a foreign language. It determines the conditions for the admission of pupils.

Primary Education Act (VSG) 412.100

3 The body responsible for a private school must guarantee that pupils are not exposed to pedagogical or ideological influences that fundamentally contradict the objectives of the primary school. It is obliged to disclose its connections to non-profit associations and to provide information on ownership structures and the personnel in management positions.

18 Private Tuition

1 Individual lessons and private tuition for groups of up to five pupils are considered private tuition.

2 Parents shall inform the municipality of their place of residence and the school administration of the circumstances of the private tuition, in particular the tutor, the timetable, and the premises.

3 If private tuition lasts longer than one year, it must be provided by a person with a completed teacher training qualification.

34 1 Private schools and private tuition are supervised by the Directorate. The Directorate may issue appropriate directives if there are reasonable doubts as to whether the learning objectives are being met in private schools or private tuition, or whether the licensing requirements for private schools are still fulfilled.

2 If private tuition lasts longer than one year, the quality of the tuition must be reviewed annually.

3 The Directorate may prohibit private tuition in cases of serious deficiencies.

21 1 Students attending a private school or being privately tutored may obtain the mandatory teaching materials provided in public schools free of charge from the municipality of their residence, attend music schools, and use the offerings of voluntary school sports.

2 They are entitled to therapies according to

18 The Government Council may grant subsidies to schools in accordance with Section 68 para. 2,

provided their existence offers a particular benefit to the canton,

contributions of up to half of the eligible costs for the construction and

conversion of buildings. It may link the payment of contributions

with conditions.

1.10.24-126

23

412.100 Primary and Lower Secondary Education Act (VSG)

Part 4: Supervision, Legal Protection and Penal Provisions

Supervision,

Substitute Performance

Justification

and Re-evaluation of

Orders

Appeal

Authorities

Penal

Provisions

Definitions

1 The supervision of the communes in the subject areas regulated by this Act

shall be the responsibility of the Directorate, unless another body

is competent.

2 The Directorate is authorized to act at the expense of the communes in place of the

School Board and the School Management if they fail to fulfill their duties

in the execution of this Act.

1 Directives from the school administration, the Head of Education, or from

subordinate commissions or municipal employees do not need to be

justified in writing. They enter into legal force unless

a re-evaluation by the School Board is requested within ten days.59

2 The School Board usually decides within 30 days

of receipt of the request.

1 Orders of the School Board may be challenged by appeal to the District Council. If the School Board has delegated tasks for independent and final decision-making to individual members or committees from its midst in an official decree, their orders may also be challenged by appeal to the District Council. Section 10 of the Teaching Staff Act8.59 remains reserved.

2 Appeal decisions of the District Council are subject to appeal to the Administrative Court in accordance with the Administrative Justice Act.

1 Whoever intentionally violates §§ 54, 56, 57, and 57a of this

Act may, upon application by the School Board, be punished with a fine of up to

5,000 Swiss Francs.33

2 Irrespective of the amount of the fine, the Governor's Office

is competent. Municipalities are not authorized to issue their own penal

provisions in the school system.

Part 5: Final and Transitional Provisions

64 In this Act

Directorate

Municipality

Location Municipality: The municipality in which a day nursery according to Article 24 is located.

The Directorate responsible for education of the Government Council.

School municipality or unified municipality.

20 1 The cost shares according to § 61, which the Canton pays to the Municipalities for the first time after the entry into force of this Act, shall, in total, correspond to the sum that the Canton has paid to them based on the following provisions of earlier law

1. § 1 para. 1 lit. a item 1 of the School Performance Act¹⁰,

2. § 29 of the School Performance Ordinance¹¹,

3. § 4 para. 1 of the Teacher Personnel Act⁸,

4. § 22 of the Teacher Personnel Ordinance⁹.

2 For this purpose, the Government Council may deviate from the percentage according to

1 The Government Council shall issue transitional provisions for the introduction of the law.

transitional provisions.

2 During the implementation period of the innovations of this law,

but for a maximum of five years from the entry into force of this law,

the Directorate for the further training of teachers and for

implementation work may additionally determine up to a total of 15 days of school-free time for pupils.

With the entry into force of this law, the following laws of previous law are repealed

a.22 the Primary School Act of June 11, 18997,

b.19 the School Performance Act of February 2, 191910.

The following laws are amended as follows: ...17 Amendment up to-

a. The Municipal Act of June 6, 19263: ...17

b. The Administrative Justice Act of May 24, 19594: ...17

c. The Introductory Act to the Civil Code of April 2, 19115: ...17

existing law

1.10.24-126

25

412.100

Primary Education Act (VSG)

d. The Teachers' Personnel Act of May 10, 19998: . . .17

e. The Secondary Education Act of June 13, 199912: . . .17

f. The Act on the University of Teacher Education of October 25,

199914: ...17

Transitional Provisions for the Amendment of October 1, 2007

(OS 62, 565)43

Transitional Provisions for the Amendment of May 16, 2011 (OS 66, 582)

The following cut-off dates for school enrollment pursuant to §§ 3 and 5 apply

a. in the school year 2014/15, May 15,

b. in the school year 2015/16, May 31,

c. in the school year 2016/17, June 15,

d. in the school year 2017/18, June 30,

e. in the school year 2018/19, July 15.

Transitional Provisions for the Amendment of November 27, 2017

(OS 74, 322)57

**1 Approvals for public and private special needs schools and school homes, which were granted based on previous law, remain valid. Unlimited approvals remain valid for a maximum of four years after the new law comes into force. Adjustments and renewals of approvals shall be governed by the new law.**

**26**

**Volksschulgesetz (VSG)**

**412.100**

**2 Cost contributions to the eligible investment costs according to § 65 para. 2 lit. a No. 2 and 3 in the version before the entry into force of the amendment of November 27, 2017, and according to § 8 para. 1 lit. a of the Law on Youth Homes and Foster Care of April 1, 1962, which public and private bodies or municipalities have received from the Canton for eligible special needs schools managed by them, shall be appropriately taken into account when compensating for services according to § 65 of the Law.**

**1 OS 61, 194; for entry into force, see LS 412.100.1.**

**2 ABI 2004, 927.**

**3 LS 131.1.**

**4 LS 175.2.**

**5 LS 230.**

**6 Obsolete.**

**7 LS 412.11.**

**8 LS 412.31. Today: Lehrpersonalgesetz.**

**9 LS 412.311. Today: Lehrpersonalverordnung.**

**10 Repealed since December 31, 2007 (OS 61, 220).**

**11 Repealed since January 1, 2008 (OS 62, 557).**

**12 LS 413.21.**

**13 LS 413.31.**

**14 LS 414.41.**

**15 SR 210.**

**16 SR 211.222.338.**

**17 For text, see OS 61, 194; for entry into force, see LS 412.100.1.**

**18 Entry into force: August 20, 2007.**

**19 Entry into force: December 31, 2007.**

**20 Entry into force: January 1, 2008.**

**21 Entry into force: August 18, 2008.**

**22 Entry into force: August 15, 2010.**

**23 Inserted by the Law on the Replacement of Invalidity Insurance Benefits for Special Needs Education of October 1, 2007 (OS 62, 565; ABI 2007, 835). In force since January 1, 2008.**

**24 Version according to the Law on the Replacement of Invalidity Insurance Benefits for Special Needs Education of October 1, 2007 (OS 62, 565; ABI 2007, 835). In force since January 1, 2008.**

**1.10.24 - 126**

**27**

**412.100**

**Volksschulgesetz (VSG)**

**25 Inserted by Law of March 12, 2007 (OS 63, 474; ABI 2006, 1). In force since August 16, 2008.**

**26 Version according to EG BBG of January 14, 2008 (OS 64, 195; ABI 2006, 1153). In force since April 1, 2009.**

**27 Repealed by EG BBG of January 14, 2008 (OS 64, 195; ABI 2006, 1153). In force since April 1, 2009.**

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

**29 Version according to the Law on the Adaptation of Cantonal Administrative Procedure Law of March 22, 2010 (OS 65, 390; ABI 2009, 801). In force since July 1, 2010.**

**30 Version according to the Fiscal Equalisation Law of July 12, 2010 (OS 66, 747; ABI 2009, 172). In force since January 1, 2012.**

**31 Repealed by the Fiscal Equalisation Law of July 12, 2010 (OS 66, 747; ABI 2009, 172). In force since January 1, 2012.**

**32 Inserted by Law of May 16, 2011 (OS 66, 582; ABI 2010, 2987). In force since January 1, 2012.**

**33 Version according to Law of May 16, 2011 (OS 66, 582; ABI 2010, 2987). In force since January 1, 2012.**

**34 Version according to the Law on Administrative Measures for Teachers in Primary Schools and Secondary and Vocational Schools of May 16, 2011 (OS 66, 586; ABI 2010, 2980). In force since January 1, 2012.**

**35 Inserted by Law of December 6, 2010 (OS 66, 531; ABI 2010, 1221). In force since August 1, 2012.**

**36 Version according to amendment of May 15, 2011 (OS 67, 559; ABI 2010, 391). In force since August 1, 2012.**

**37 Inserted by Law of October 1, 2012 (OS 68, 230; ABI 2010, 2987). In force since May 1, 2013.**

**38 Version according to Law of October 1, 2012 (OS 68, 230; ABI 2010, 2987). In force since May 1, 2013.**

**39 Version according to Law of August 27, 2012 (OS 68, 247; ABI 2012, 1110). In force since August 1, 2013. For transitional provisions, see LS 412.100.3.**

**40 Inserted by Law of April 8, 2013 (OS 69, 250; ABI 2012, 94). In force since August 1, 2013.**

**41 Version according to Law of April 8, 2013 (OS 69, 250; ABI 2012, 94). In force since August 1, 2013.**

**42 Numbering according to Law of April 8, 2013 (OS 69, 250; ABI 2012, 94). In force since August 1, 2013.**

**43 Repealed by Law of April 8, 2013 (OS 69, 250; ABI 2012, 94). In force since August 1, 2013.**

**44 Inserted by Law of May 16, 2011 (OS 66, 582; ABI 2010, 2987). In force since January 1, 2014 (OS 68, 510).**

**45 Version according to the Law on the Adaptation of Personnel Law for Primary School Teachers of February 6, 2012 (OS 68, 517; ABI 2011, 665). In force since January 1, 2014.**

**28**

**Volksschulgesetz (VSG)**

**412.100**

**46 Inserted by the Law on the Adaptation of Personnel Law for Primary School Teachers of February 6, 2012 (OS 68, 517; ABI 2011, 665). In force since August 1, 2015.**

**47 Inserted by Law of March 3, 2014 (OS 69, 387; ABI 2013-11-01). In force since August 1, 2015. The numbering was editorially adjusted (§ 65 d instead of § 65 c).**

**48 Inserted by the Law on the Adaptation of Legislation in the Area of the Department of Education to the Law 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).**

**49 Version according to the Law on the Adaptation of Legislation in the Area of the Department of Education to the Law 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).**

**50 Editorially corrected.**

**51 Inserted by the Municipal Law of April 20, 2015 (OS 72, 183; ABI 2013-04-19). In force since January 1, 2018.**

**52 Version according to the Municipal Law of April 20, 2015 (OS 72, 183; ABI 2013-04-19). In force since January 1, 2018.**

**53 Repealed by Law of January 23, 2017 (OS 73, 68; ABI 2016-07-08). In force since August 1, 2018.**

**54 Repealed by Law of January 22, 2018 (OS 73, 297; ABI 2017-04-07). In force since August 1, 2018.**

**55 Inserted by Law of July 2, 2018 (OS 74, 318; ABI 2017-03-10). In force since August 1, 2019.**

**56 Version according to Law of July 2, 2018 (OS 74, 318; ABI 2017-03-10). In force since August 1, 2019.**

**57 Inserted by the Child and Youth Home Act of November 27, 2017 (OS 74, 322; ABI 2015-08-28). In force since August 1, 2019.**

**58 Inserted by Law of April 20, 2020 (OS 75, 563; ABI 2018-12-14). In force since January 1, 2021.**

**59 Version according to Law of April 20, 2020 (OS 75, 563; ABI 2018-12-14). In force since January 1, 2021.**

**60 Repealed by Law of April 20, 2020 (OS 75, 563; ABI 2018-12-14). In force since January 1, 2021.**

**61 Version according to Law of April 20, 2020 (OS 75, 563; ABI 2018-12-14). In force since August 1, 2021.**

**62 Version according to the Law on Hospital Schools at the Secondary II Level of September 2, 2019 (OS 76, 564; ABI 2018-07-13). In force since January 1, 2022.**

**63 Inserted by the Child and Youth Home Act of November 27, 2017 (OS 74, 322; ABI 2015-08-28). In force since January 1, 2022 (OS 76, 622).**

**64 Version according to the Child and Youth Home Act of November 27, 2017 (OS 74, 322; ABI 2015-08-28). In force since January 1, 2022 (OS 76, 622).**

**65 Repealed by the Child and Youth Home Act of November 27, 2017 (OS 74, 322; ABI 2015-08-28). In force since January 1, 2022 (OS 76, 622).**

**1.10.24-126**

**29**

**412.100**

**Volksschulgesetz (VSG)**

**66 Numbering according to the Child and Youth Home Act of November 27, 2017 (OS 74, 322; ABI 2015-08-28). In force since January 1, 2022 (OS 76, 622).**

**67 Version according to correction of October 28, 2021 (OS 76, 623). In force since January 1, 2022.**

**68 Version according to the Music School Act of November 11, 2019 (OS 77, 533; ABI 2018-11-09). In force since January 1, 2023.**

**69 Repealed by the Music School Act of November 11, 2019 (OS 77, 533; ABI 2018-11-09). In force since January 1, 2023.**

**70 Version according to Law of June 26, 2023 (OS 79, 219; ABI 2022-05-13). In force since August 1, 2024.**

**30**

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