Ordinance on Special Education Measures (OSM) (VSM)

12 This Ordinance regulates the implementation of the provisions of the Primary School Act of 7 February 2005 (VSG)³ concerning special educational measures.

1. Pupils have a special pedagogical need if their schooling support in the regular class alone cannot be provided.

2. Special pedagogical needs arise primarily due to pronounced talent, learning difficulties, the acquisition of German as a second language, noticeable behavioural patterns, or disabilities.

3. The extent to which a pupil with a special pedagogical need can be taught in the regular class is assessed according to the specific circumstances.

**Special Pedagogical Needs**

**Instruction in the Regular Class**

The special education services are aligned with the learning objectives of the regular classes that the students attend or would attend. They take into account the individual needs and abilities of the students.

The municipalities may provide services for students with pronounced talents at their own expense, beyond the measures mentioned in the 2nd Section of this Ordinance.

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412.103 Ordinance on Special Education Measures (VSM)

2. Section: Individual Measures

A. Integrative Support

Form of instruction

Cooperation with other stakeholders

Minimum provision

1 Integrative support is the additional assistance provided to students in the regular classroom by a remedial teacher.

2 The remedial teacher, in consultation with the regular teacher, dedicates a portion of their teaching load to joint instruction. In case of disagreement, the school administration decides on the scope of the joint instruction.9

3 The regular teacher and the remedial teacher coordinate on the jointly taught lessons, learning objectives, and assessment.

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1 The remedial teacher coordinates cooperation with the other parties involved, particularly the parents and the school administration.

2 The regular teacher bears responsibility in the sense of § 26 para. 1 VSG.

9 1 The municipalities shall deploy, per 100 students,

at least the following proportions of the full-time units allocated to them under Section 3 of the Teachers' Personnel Act for remedial teachers

a. 0.4 at kindergarten level,

b. 0.5 at primary level.

2 At the secondary level, municipalities shall determine the type and extent of

Integrative Support.

3 To the extent that a municipality exceeds the maximum offering for therapies according to

Therapies within the meaning of § 34 Abs. 3 VSG are speech therapy, psychomotor therapy and psychotherapy.

Counseling and support services provided by special education teachers in accordance with § 29 Abs. 1 lit. b in the areas of hearing, visual, deafblind, and physical impairment are also considered therapies.20

Therapists work with students individually or in groups. Their work focuses on collaborating with the regular classroom teaching.

They advise teachers as needed

a. regarding students who require therapy,

b. on questions of prevention in regular classroom instruction.

Teachers

does not fully utilize them, it can increase the full-time units allocated to it

by the extent of this difference, at its own expense. The increase

requires approval from the Department of Primary Education.11

4 The Department of Primary Education may approve a municipality’s

reduction of the minimum offering according to para. 1 for a school year if the

demand for special needs educators cannot be met. The municipality shall use the funds

thereby released for regular classroom instruction. The Department of Primary Education may

extend the approval for a maximum of two school years, each time by one school year. The

approval may be subject to conditions.18

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Ordinance on Special Educational Measures (VSM) 412.103

B. Therapies

14 German as a Second Language (GSL) for Foreign Language Speakers

**a. Subject Matter**

German as a Second Language (GSL) is provided to foreign-language students who do not possess the necessary German language skills for instruction in a regular class.

The Directorate of Education determines the level of German language proficiency up to which students are entitled to GSL instruction. It also defines the procedure by which German language skills are assessed.

The DaZ instruction takes place as introductory instruction according to b. Form

14 Instruction for newly admitted students

1 For a pupil with entitlement to DaZ instruction, the instructional time in DaZ shall be at least

a. two lessons per week at kindergarten level,

b. one lesson per day in initial instruction,

c. two lessons per week in advanced instruction.

2 Based on paragraph 1 and the number of eligible pupils, the school board shall calculate the total number of weekly lessons that a school must provide. As a rule, it shall allocate weekly lessons per pupil to the following extent in total

a. 0.5–0.75 weekly lesson at kindergarten level,

b. two weekly lessons for initial instruction,

c. 0.5–0.75 weekly lesson for advanced instruction.

3 Based on the total number determined by the school board, the school management shall allocate the lessons to the classes and groups. It shall determine the size of the groups and the number of weekly lessons that a pupil receives, whereby the instructional time specified in paragraph 1 must not be fallen short of.

or in reception classes in accordance with §§ 16 and 16 a.17

At primary and lower secondary level, a distinction is made between

initial instruction and remedial instruction. Initial instruction is aimed at

students who have no or very limited German language skills.

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412.103 Ordinance on Special Educational Measures (OSEM)

c. Scope

14 1 The municipalities may operate reception classes in the 2nd to 6th grades of primary level and at secondary level, in accordance with § 34 paras. 1 and 5 of the Primary School Act (VSG).

2 In reception classes, pupils receive German as a Second Language (DaZ) instruction and are additionally prepared in other subjects for entry into a regular class.

3 Where possible, pupils partially attend the regular class they are expected to transfer to.

4 Pupils are assigned to a reception class for a maximum of one year. If the pupil simultaneously attends a regular class, the assignment is for a maximum of two years.

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Ordinance on Special Educational Measures (VSM) 412.103

5 Reception classes shall have a class size of 8–14 pupils. This number may be temporarily exceeded if

a. the creation of an additional class would be disproportionate and

b. adequate schooling is nevertheless guaranteed.

16 1 The municipalities may establish reception classes for asylum seekers (Aufnahmeklassen Asyl) at all levels, in which only students from transit centers for asylum seekers are educated. The school board typically assigns the reception classes for asylum seekers to a specific school.

2 Students are generally assigned to a reception class for asylum seekers for a maximum of one year. They receive German as a second language (DaZ) instruction and instruction in other subjects.

3 The instruction may deviate from the regular curriculum according to primary school legislation, particularly regarding the lesson schedule and content. The Primary School Office issues a framework curriculum.

4 The Primary School Office approves reception classes for asylum seekers upon request from the municipality, typically for one school year, if the class size according to § 16 para. 5 is likely to be met. In case of changed circumstances, adjustments are possible during the school year.

D. Integration and Small Classes

1. In enrollment classes, children who are not yet ready for school and are enrolling after kindergarten are prepared for attending the first grade of primary school classes. These classes last one year.

2. Enrollment classes have a class size of a maximum of 14 pupils.

1. The municipalities may operate small classes at the primary and secondary levels for pupils with particularly high support needs.

2. Small classes have a class size of 8 to 12 pupils. This number may be temporarily exceeded if

a. the creation of an additional class would be disproportionate, and

b. adequate schooling is nevertheless ensured.

412.103 Ordinance on Special Educational Measures (VSM)

Transition to the Regular Class

1. Instruction in small classes aims for the transfer to the regular class. This occurs as soon as it is foreseeable that the student can be adequately supported within the framework of regular class instruction.

2. Teachers in small classes orient their instruction before the transfer towards the instruction of the regular class into which the student will transfer.

3. Students, if possible, attend a small class partially and partially the regular class into which they are expected to transfer.

Authorization

E. Special Education

20 1 Public and private institutions offering special education in accordance with § 36 para. 1 lit. a–c VSG³ require a permit from the Primary Education Office.

2 This permit will be granted to the responsible body if

a. the special school offers services in accordance with § 21 and these are necessary for the cantonal provision,

b. the special school has a framework concept approved by the Primary Education Office,

c. the personnel working at the special school possess the necessary training in accordance with §§ 29–29c for the fulfillment of their duties,

d. the premises, including ancillary facilities, comply with the requirements according to Annex 1 of the Ordinance on the Financing of Special Education of October 6, 20216,

e. the separation between operational and strategic management is ensured in terms of personnel and organization.

3 In other respects, §§ 69–71 of the Primary Education Ordinance of June 28, 20065 shall apply.

Service

offer of

special schools

20 1 The range of services offered by special schools includes school

types for

a. impairments in the areas of behavior, learning, or language

(Special School Type A),

b. physical, sensory, or multiple impairments without cognitive

impairment (Special School Type B1) and with cognitive

impairment (Special School Type B2),

c. cognitive impairments (Special School Type C).

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Ordinance on Special Educational Measures (VSM) 412.103

2 Each special school shall assign its services to a school type according to para. 1 within its framework concept. The Primary Education Office may grant exceptions if this is necessary for the cantonal provision of services.

3 In special schools of types A and B1, instruction is mandatory according to the curriculum pursuant to § 21 VSG.

4 In special schools of types B2 and C, instruction is guided by the competencies and subject areas of the curriculum pursuant to

13 1 The Primary School Office periodically estimates the future Bedarf an Sonder-

need for special school places for each type of disability in a Versorgung-

supply plan. For this purpose, it particularly considers the previous planung

need and the development of the total number of pupils.

2 It allocates the necessary places according to the supply plan to the

approved special schools.

3 Every special school is obliged to admit pupils within the scope

of its school type according to § 21 para. 1 from the assigned supply

region, provided that the number of places allows it and it can ensure

adequate schooling.19

4 Pupils from other supply regions or from other cantons may be

considered, provided that the occupancy allows it.19

**412.103 Ordinance on Special Educational Measures (SEM)**

As of: January 1, 2022-115

**Article 20**

**1.** Pupils are administratively assigned to an integrated special school or a regular school. In the latter case, the assignment is made to the school which the affected pupil previously attended, or would attend if they had no special educational needs. Special Education

**2.** The school responsible pursuant to paragraph 1 shall bear responsibility for appropriate schooling and daily structure. It shall specify the details in writing.

**3.** A special education teacher, male or female, with training in accordance with Section 29, paragraph 1, shall bear responsibility for interdisciplinary educational planning.

**4.** If a regular school is responsible for integrated special education, it shall decide on the special educational measures. It shall seek advice and support from a special school if it does not possess the additionally required specialist knowledge. Partially Integrated

Special Education

**5.** If a special school is responsible for integrated special education, it shall decide on the special educational measures in cooperation with the regular school.

**6.** The Department of Public Education shall regulate the details.11 Individual Instruction

Needs Assessment

Assessment

19 Special education can also be offered partially integrated. The special school bears the responsibility.

1 In exceptional cases, pupils who cannot be taught in a group receive individual instruction.

2 Pupils with behavioral difficulties may be taught individually for a maximum of six months until an appropriate schooling is determined.

3. Section: Procedure and Review

1 The assessment of a special needs education measure requires a needs assessment. This is carried out upon application by the teachers or parents.

2 In the needs assessment, the parties involved determine the need for support, the support goals, and the further procedure. The Elementary Education Office regulates the procedure.

20 1 A school psychological assessment is conducted if

a. the student is to be assigned to special education,

b. no agreement can be reached by the parties involved regarding the

special education measure,

c. ambiguities exist.

2 The assessment is generally conducted by the competent school

psychological service. This service may request further documents.

3 It arranges for an assessment by specialists if particular expertise,

especially medical, speech therapy, or psychomotor knowledge, is

necessary.

4 It prepares a report and, if required, issues a recommendation for

a special education measure. Segregative measures must be specifically

justified.

5 Assessments for reviewing the assignment to special education are

carried out using the standardized assessment procedure (SAV) according to

1 After the situational assessment has been carried out and a decision

**any necessary clarification, the teachers and parents submit to**

**the school administration a proposal for the measure to be ordered.**

**The clarification must not be more than two years old. With the**

**approval by the school administration, the proposal becomes the decision.**

**2 If the teachers and parents cannot agree or**

**the school administration does not approve their proposal, the school board decides.**

**It may order additional clarifications.**

**3 The decision specifies which measure is ordered and**

**when it will be reviewed.**

**4 Special education always requires the approval of the school board.**

1 The assignment from a standard class to a small class will be Special Cases

only carried out after the student has been taught for at least four months in a parallel standard class or, where such a class is unavailable, in the standard class of another municipality.

2 The observation period can be waived if, due to the specific circumstances, the necessary educational support can obviously only be provided in a small class, or if the transfer is not reasonable for the student due to special reasons.

1 Review of special educational measures

1 Unless a shorter review period is stipulated in the decision according to § 26, special educational measures shall be reviewed after one year.10

2 The review shall be carried out, where possible, by those involved in the ordering of the measure. The school psychological service or other specialists may be consulted.

3 Following the review, a decision shall be made regarding the revocation, amendment, or continuation of the measure. The procedure shall be governed by §§ 24–26.

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Education

412.103 Ordinance on Special Educational Measures (VSM)

Section 4: Educational Requirements

20 1 A university degree in special education with a specialization in school-based special needs education recognized by the Swiss Conference of Cantonal Ministers of Education (EDK) is required for

a. teachers with class responsibility in early intervention classes and small classes,

b. remedial teachers,

c. teachers with class responsibility in special schools, and

d. responsible teachers in integrated special needs education.

2 Teachers with a university degree in special education with a specialization in school-based special needs education recognized by the EDK may teach all subjects at all school levels.

3 Teachers without class responsibility in special schools must hold a teaching diploma recognized by the EDK or a university degree in special education with a specialization in school-based special needs education.

4 In individual cases, the Primary Education Office may recognize equivalent qualifications or profession-specific education and training in combination with professional experience as sufficient qualification.

5 In individual cases, the Primary Education Office may grant a person admission to teaching activities in a partial area, provided that they meet the necessary requirements for this activity. The admission may be subject to conditions and requirements.

6 The Primary Education Office may grant a person temporary admission to teaching activities, provided that the following requirements are met

a. completed basic training and

b. registration for the necessary supplementary training or its completion.

7 The temporary admission according to para. 6 may last at most until the ordinary completion of the supplementary training. In justified cases, the period may be extended.

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Ordinance on Special Educational Measures (VSM) 412.103

19 Teachers who provide introductory instruction or teach in DaZ (German as a Second Language) introductory classes or in asylum introductory classes require

a. a teaching diploma recognized by the EDK (Swiss Conference of Cantonal Ministers of Education) as a regular class teacher, and

b. the completion of a certified course in DaZ for public schools.

19 Other Teaching Staff and Specialists Active in Special Needs Education

Other teaching staff and specialists active in special needs education must possess a qualification for their work that is recognised by the EDK, the health legislation, or the State Secretariat for Education, Research and Innovation.

19 1. School principals in special schools must possess one of the following educational qualifications upon employment

a. a teaching diploma recognised by the EDK as a regular or specialist teacher (kindergarten, primary level, secondary level I, baccalaureate schools),

b. a university diploma in special needs education with a specialisation in school-based remedial education, recognised by the EDK,

c. a diploma in the pedagogical-therapeutic field, recognised by the EDK,

d. a diploma as a social education worker (FH) or a university of applied sciences diploma in social work,

e. a university degree in social work or clinical special needs education (at least 60 credit points or a major or intermediate minor) or a university degree in educational science or psychology (at least 60 credit points or a major or intermediate minor),

f. a qualification recognised as equivalent by the Department of Primary Education.

2. School administrations must possess sufficient expertise in personnel and operational management, acquired at least within the framework of a completed leadership training or continuing education program equivalent to a Certificate of Advanced Studies (CAS). If such training is lacking, it must be commenced during the first year of employment and completed no later than three years after the start of employment.

3. The sponsoring body of the special school is responsible for ensuring that the school principals meet the educational requirements.

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412.103 Ordinance on Special Needs Education Measures (VSM)

Review and Reporting Obligations

19 1 Special schools shall obtain the following extracts from the criminal register for all employees before employment

a. current criminal record extract and special private extract for adult employees,

b. current special private extract for minor employees.

**2 Special schools shall check new teaching and management staff for entries in the list maintained by the EDK regarding teaching staff whose teaching authorisation or professional practice licence has been revoked within the scope of a cantonal decision.**

**Entry into Force**

**Section 5: Final Provision**

1 This Ordinance shall enter into force at the beginning of the school year 2008/09

(August 18, 2008).

2 In accordance with the implementation of the provisions on special

educational measures pursuant to § 6 of the Transitional Ordinance to the

VSG of June 28, 20064, the provisions of this Ordinance apply

a. for the municipalities of the first phase from the school year 2008/09,

excluding §§ 8 and 11,

b. for the municipalities of the second and third phases one or two

years later, respectively.

3 §§ 8 and 11 shall apply to the municipalities of the first phase only from

the school year 2009/10.

1 OS 62, 305; for reasoning, see ABI 2007, 1407.

2 LS 410.32.

3 LS 412.100.

4 LS 412.100.2.

5 LS 412.101.

6 LS 412.106.

7 LS 412.31. Currently: Lehrpersonalgesetz (Teaching Staff Act).

8 Version according to Government Council Resolution of December 16, 2009 (OS 65, 17; ABI 2009, 2651). In

force since February 1, 2010.

9 Version according to Government Council Resolution of July 7, 2010 (OS 65, 598; ABI 2010, 1515). In force

since August 23, 2010.

10 Version according to Government Council Resolution of April 13, 2011 (OS 66, 399; ABI 2011, 1262). In

force since July 1, 2011.

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Ordinance on Special Educational Measures (VSM) 412.103

11 Version according to Government Council Resolution of May 9, 2012 (OS 67, 211; ABI 2012, 1053). In force

since August 1, 2012.

12 Version according to Government Council Resolution of August 28, 2013 (OS 68, 515; AB1 2013-09-06). In

force since January 1, 2014.

13 Inserted by Government Council Resolution of December 2, 2015 (OS 71, 92; ABI 2015-12-11). In

force since August 1, 2016.

14 Version according to Government Council Resolution of December 2, 2015 (OS 71, 92; ABI 2015-12-11). In

force since August 1, 2016.

15 Version according to Government Council Resolution of March 18, 2015 (OS 71, 78; ABI 2015-03-27). In force

since August 1, 2017.

16 Inserted by Government Council Resolution of October 3, 2018 (OS 73, 449; ABI 2018-10-12). In

force since August 1, 2019.

17 Version according to Government Council Resolution of October 3, 2018 (OS 73, 449; ABI 2018-10-12). In

force since August 1, 2019.

18 Inserted by Government Council Resolution of January 29, 2020 (OS 75, 242; ABI 2020-02-07). In

force since August 1, 2020.

19 Inserted by Government Council Resolution of October 6, 2021 (OS 76, 567; ABI 2021-10-29). In

force since January 1, 2022.

20 Version according to Government Council Resolution of October 6, 2021 (OS 76, 567; ABI 2021-10-29). In

force since January 1, 2022.

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