Secondary School Act (SSA) (MSG)

1 The Canton shall provide for the education of secondary school students and shall operate the necessary schools for this purpose.

2 The Canton shall operate a baccalaureate school for adults.

3 The schools shall be managed autonomously by their organs within the framework of the legal order.

4 The Cantonal Council may establish new schools or abolish existing ones.

The Cantonal Secondary Schools

1. educate students in accordance with federal and cantonal

regulations for baccalaureate and diplomas, in order to achieve

their educational goals,

2. promote school culture through measures that foster personality

and community,

3. implement quality assurance measures.

Secondary Schools

Mission

1 The Government Council decides on the introduction of new school types or the abolition of existing school types. For new school types, a Swiss recognition of qualifications is to be sought.

2 The Government Council may, within the framework of existing school types, decide on special school forms for special training courses. It determines the admission conditions and restrictions.

The Education Council is solely responsible for

1.8 Issuance of curricula and the framework regulations required for school operations, in particular for promotion and final examinations.

2. Issuance of a framework school regulation.

3. Allocation of school types and baccalaureate profiles to the schools.

4.-6.9

Education Council

17 1 The competent public bodies shall process data, including personal

data and special personal data of students, for the fulfillment of their

duties under this law.

data

a. In

general

1.7. 22-117

1

413.21

Upper Secondary School Act (MSG)

2 Data according to para. 1 include in particular information on

a. performance assessments,

b. health,

c. disciplinary measures.

b. Reporting

obligation

in case of non-

fulfillment of

compulsory

schooling

Retention

periods

Reporting

obligations of

criminal authorities

a. cantonal

upper secondary

schools

b. non-

state

upper secondary

schools

Duties

of the Directorate

in criminal

proceedings against

teachers

17 The Directorate responsible for Education shall notify the school community in the students' place of residence if they have not passed the entrance examination or withdraw from secondary school, provided that compulsory schooling according to § 3 of the Primary and Secondary School Act of 7 February 20055 has not yet been fulfilled.

22 1 The notification pursuant to § 55 b of the Personnel Act of

September 27, 19983 shall be made by the criminal prosecution authorities and courts

additionally to the Directorate responsible for education.

.

2 They shall inform the Directorate of the order of pre-trial detention

22 If teachers at non-state secondary schools who hold a permit pursuant to § 35 or whose educational qualifications have been recognized pursuant to § 36 are accused of a felony or misdemeanor which could have an impact on the school, in particular on the trustworthiness of the teachers, the headmistress or headmaster, the following reporting obligations exist towards the directorate responsible for education

a. The secondary school reports the opening and closing of criminal investigations, the ordering of pre-trial detention, and criminal convictions.

b. The criminal prosecution authorities report the opening and closing of criminal investigations.

c. The courts report the ordering of pre-trial detention and legally binding criminal convictions.

22 After receiving a communication pursuant to §§ 4 d or 4 e, the

Directorate responsible for education shall assess the necessity of

ordering personnel measures and shall communicate the result of its

assessment to the school.

2

Secondary School Act (MSG)

Part 2: Cantonal Secondary Schools

A. School Bodies

1. School Commission

413.21

1 The School Commission is the supreme body of the school. The Staffing

Ordinance regulates its composition and procedural matters.

2 The Directorate responsible for education elects the mem-

bers. The term of office is four years; re-election is possible twice.8

3 The term of office of the Chair of the School Commission

is four years. Re-election is possible twice. In exceptional cases, the term of office may be extended.15

4 The school management and the representative of the teaching staff

participate in the meetings of the School Commission with an advisory vote.

from February 12, 20073, establish deviating retention periods

for personal data and particularly sensitive personal data in

a. certificates of education and further training,

b. final theses.

1. The School Commission exercises direct supervision over the tasks

of the school and performs the following duties

1. Commenting on decrees for secondary schools for the attention of the

Education Council,

2.8 Proposal for the appointment and dismissal of the members of the school

management for the attention of the Government Council,

3. Appointment and dismissal of teachers with permanent

employment,

4. Performance evaluation of teachers in cooperation with

the school management,

5. Approval of the mission statement,

6. Certification of the results of final examinations,

7. Expulsion of a student for disciplinary

reasons.

8.9

2. The School Commission may establish commissions for special tasks

or consult experts.

2. School Management

1 The school management is responsible for the pedagogical, administrative and financial leadership of the school and represents the school externally.

1.7. 22 - 117

3

413.21 Secondary School Act (SSA)

2 The school management has, in particular, the following tasks

1. Defining and organizing the range of educational offerings,

2. Proposing the appointment and dismissal of teachers with permanent employment,

3. Appointing and dismissing teachers with fixed-term employment,

4. Appointing and dismissing administrative and technical staff,

5. Promoting the further training of teachers,

6. Managing financial affairs,

7. Fulfilling other assigned tasks.

1 The Rector and at least one Vice-Rector as their deputy form the school management. They receive an appropriate reduction in teaching hours for their work in school management.

**2 The Government Council elects the Rector and the Vice-Rectors for a term of four years. Re-election is possible twice. In exceptional cases, the term of office may be extended.**

**Composition and Election**

**3. Teacher Conferences**

4

Mittelschulgesetz (MSG)

B. Lehrpersonen

413.21

1 The teaching staff exercises its participatory rights in the general

conference and in class conferences. The Ordinance6 regulates the

membership of the conferences, their quorum, and their duties and

powers.

2 The student body's representation in the general conference has

voting rights.

3 The general conference is consulted on essential matters concerning

upper secondary education. It adopts the mission statement, subject to

approval by the school commission, and submits proposals for the curriculum

and the appointment of the school administration.

4 The general conference elects its president and the representative of the

teaching staff for the school commission.

5 The class conference decides on matters concerning the students of the

class.

1 The teaching staff consists of teaching staff with permanent and with fixed-term employment. Permanent employment is usually preceded by a fixed-term employment.

2 Permanent employment requires that the teaching staff possesses an academic degree in the subjects in which they teach, and has acquired a diploma for higher education teaching or completed another professional and pedagogical training of equal level.

1. **Duties of Teaching Staff**

The duties of teaching staff include, in particular, the obligation to teach the classes and groups entrusted to them in accordance with the educational objectives and mission statement of the school, to assess performance and supervise pupils, to maintain parent contacts, to participate in school events, to take on additional functions and tasks within the framework of school operations and school development, and to cooperate with the school management and the teaching staff.

2. Teaching staff may be called upon, if necessary, to assist in the training of secondary school teachers.

14 1 The Directorate responsible for education may revoke a teaching diploma

teaching diploma awarded in the Canton of Zurich if a teacher has repeatedly or seriously violated their professional duties, or if their trustworthiness appears to be seriously compromised in other ways, particularly due to a conviction for a custodial sentence or a monetary penalty as a result of a felony or misdemeanor.

2 In the event of a conviction for a felony or misdemeanor against the sexual integrity of children or dependent persons, the teaching diploma shall be mandatorily revoked.

3 A teacher holding another recognized teaching diploma shall have their teaching authorization in the Canton of Zurich denied or revoked under the conditions set out in paragraphs 1 and 2.

4 The measures according to paragraphs 1–3 may be ordered for a fixed or indefinite period. Fixed-term measures may be combined with conditions such as supervision, therapy, assessment, or behavioral instructions.

5 The Directorate shall report the denial or revocation of teaching authorization to the Swiss Conference of Cantonal Directors of Education and to the body that issued the teaching diploma. It shall report the revocation of the teaching diploma to the Swiss Conference of Cantonal Directors of Education.

1.7. 22 - 117

5

413.21 Secondary Education Act (MSG)

Provisional

Measures

by the Directorate

Further Education

Curriculum

Design

Admission

Promotion

Completion

of Training

Class

Attendance

School

Community

22 If an administrative investigation is conducted, the Directorate responsible for education may order precautionary measures.

1 Teachers are obligated to pursue further training. Any leave from teaching associated with such further training must safeguard the interests of the school.

2 The Canton promotes the further training of teachers.

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

the decisions of the conference, official directives, and school-internal

guidelines, to freely design the instruction and to determine the teaching materials

themselves.

C. Students

24 The Cantonal Council determines the conditions for admission

to secondary schools. The prior academic achievements of the students

will be given due consideration. Final admission is contingent upon

passing an examination and a probationary period.

8 The performance of the students is assessed in reports with grades. The Education Council determines the promotion conditions.

1. The training courses conclude with examinations. Upon successful completion of the examination, students receive a diploma.

2. The Education Council issues regulations for the final examinations, which particularly govern admission, the examination procedure, the conditions for passing the examinations, and the re-taking of failed examinations.

1 Pupils are obliged to attend lessons in the compulsory and their chosen subjects, as well as other compulsory school events.

2 The Ordinance regulates absences, the granting of "joker days", and dispensation from lessons.

The pupils shall show consideration for the school community and follow the instructions of the school.

6

Middle School Act (MSG)

413.21

1 The students of a school may form a student organization. The statutes of the student organization require the approval of the school administration.

2 The student organization elects the student representatives for the general assembly.

1. Measures may be imposed for breaches of discipline, the most disciplinary

severe of which is expulsion from the school.

2. The Board of Education defines the disciplinary measures and

regulates the jurisdiction of the School Commission, school administration, class

council, and teaching staff.

Right of Complaint

Students have the right to submit proposals and complaints, in writing or orally, to the proposal and school administration.

**D. Parents**

1 Schools shall inform parents or other legal guardians about important school matters, and in particular about the performance and conduct of students.

2 Parents or other legal guardians may contact the school administration or teaching staff with concerns relating to the school.

E. School Operations

8. The School Year

The school year is divided into two semesters. The school holidays last 13 weeks per year; the Directorate responsible for education regulates their distribution.

8 The schools may, with the approval of the directorate responsible for education, distribute the instruction over six weekdays or five weekdays with a school-free Saturday.

Students can generally register for a school of their free choice after application. In case of oversubscription or insufficient utilization of a school, the Directorate responsible for education may reassign students.

1.7. 22-117

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413.21

Secondary School Act (SSA)

Instruction

Hospital Schools

Curriculum

Cooperation of Schools

Headteacher Conference

Participation of Teachers

1. Instruction is provided by specialist teachers and generally takes place within the class group.

2. Instruction consists of mandatory and optional subjects. It also includes special forms of instruction and events such as subject-specific weeks, study days, excursions, and school trips.

23 1 Hospitals and clinics designated by the Directorate responsible for education, within the meaning of health legislation, may offer instruction to secondary school students.

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

1 The Education Council issues, upon application by the School Commission, the curriculum, which defines the objectives and the timetable of compulsory subjects.

**2 For students who have been admitted to a cantonal secondary school following primary school, a basic training in nutrition and health education, cooking, household management, crafts, and sewing takes place in the form of a three-week boarding course in the 1st or 2nd grade.**16

**3 The range of optional subjects is determined by the school management.**

9

Individual tasks are performed jointly by schools if

this promotes the quality of education or school operations

or achieves a better use of available resources.

1 The school administrations of the cantonal secondary schools form

the School Principals' Conference.

2 The School Principals' Conference promotes cooperation between

the secondary schools and assumes coordination tasks.

13 1 The teaching staff at a secondary school forms the Secondary School Teachers' Conference. This conference holds a maximum of two meetings annually during teaching hours.

2 The organs of the Teachers' Conference are the Executive Board and the Delegates' Assembly. Their costs, as well as the costs of the meetings, are borne by the Canton in the form of a lump sum.

8

Secondary School Act (SSA)

3 The teaching staff takes a position on important issues, in particular

1. on changes to essential legal foundations,

2. on new school concepts.

F. Compensation for disability-related disadvantages19

19 1 The Canton shall bear the costs for compensating disability-

related disadvantages for students of cantonal secondary schools residing

in the Canton of Zurich, for

1. aids,

2. advice and support from a specialist agency,

3. education-related transport costs.

2 The obligation to perform ends with the completion of compulsory

schooling. Performance obligations of third parties take precedence over the

performance obligation of the Canton.

3 The directorate responsible for education shall decide on the financing

of measures with cost implications. The school management shall decide

on measures without cost implications and on the use of aids.

G.20 Finances

1 The operation of the cantonal upper secondary schools is financed on a performance-related basis. Expenses for new constructions, conversions, and extensions, as well as for renewal maintenance, are financed separately.

2 For pupils residing in the Canton of Zurich who attend the 1st and 2nd classes of a cantonal upper secondary school following the 6th grade of primary school, the municipalities pay a contribution towards the education costs. The contribution is owed for pupils whose number exceeds 5 percent of the total number of pupils residing in a municipality in the 7th and 8th school years.11

3 In the medium term, these contributions should cover half of the costs for pupils in the 1st and 2nd classes of the cantonal upper secondary schools.11

1.7. 22-117

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413.21

Upper Secondary School Act (MSG)

Hospital Schools

23 1 The Canton shall bear the tuition costs for hospital schools in

accordance with § 26a for pupils with domicile in the Canton of Zurich, who

a. attend a cantonal secondary school,

b. attend a secondary school outside the canton, provided that the Canton of

Zurich makes a cantonal contribution to their attendance.

2 It shall bear the tuition costs in the event of a hospital or clinic stay

expected to last at least four weeks, generally for six months from admission.

3 It shall bear the tuition costs for pupils who have not yet completed

compulsory schooling, even if the hospital or clinic stay is expected to be

shorter than four weeks but is recurring.

4 The Directorate responsible for education shall pay cost shares up

to the full amount of the eligible costs.

5 The Ordinance shall regulate

a. the eligible costs,

b. billing with other cantons,

c. the accounting and reporting obligations of hospitals and clinics.

1 The school administration sets reasonable fees for the use of facilities and premises by third parties.

2 The amount of the fees can be scaled according to the purpose of use. A reduction or waiver may be provided for non-profit events.

1 Instruction is free of charge for students resident in the Canton of Zurich.

2 School fees shall be levied from students who are not resident in the Canton of Zurich. The Government Council shall determine the amount. It may further define the concept of residence and issue additional implementing provisions.

3 For special forms of schooling, the Government Council may require a contribution towards the additional costs.

4 For special events such as project weeks, excursions, and school trips, as well as for special expenses in connection with optional instruction, a reasonable contribution towards the costs may be required.

5 No contributions shall be made towards the costs of teaching materials and instructional supplies personally required by students.

Secondary School Act (MSG)

413.21

The Cantonal Government can conclude agreements with other cantons regarding school contributions.

**Agreements with other Cantons**

**3. Part: Non-Governmental Secondary Schools**

8 The Establishment and Operation of Non-State Secondary Schools – Approval

requires the approval of the Directorate responsible for education, provided that the training commences within the period of compulsory schooling and the instruction replaces mandatory public education.

1 The directorate responsible for education decides on the cantonal recognition of educational qualifications. It issues provisions regarding recognition and the recognition procedure.

Recognition of Educational Qualifications

2 Educational qualifications from non-state secondary schools are cantonally recognized if the educational opportunities are in the public interest, the educational goals are achieved, and there is assurance of instruction that meets the requirements of state schools of the same type.

3 Recognition may be subject to conditions and requirements. It may be time-limited and adapted to changed circumstances or withdrawn if the prerequisites are no longer met.

12 1 Financial Contributions

The Canton may provide lump-sum subsidies to non-governmental secondary schools with Swiss-recognized diplomas for students residing in the Canton of Zurich, up to a maximum of one-third of the costs for students at public schools. The prerequisite is that they comply with the requirements for public secondary schools and that their offering is in the interest of the Canton.

2 The ordinance regulates the details.

3 The Directorate responsible for education shall determine the amount of the subsidy and set the conditions. It shall have insight into the accounting of these schools and may issue guidelines on cost accounting.

12 Non-governmental secondary schools that offer cantonally recognized degrees are subject to the supervision of the Canton.

1.7. 22-117

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413.21

Secondary School Act (SSA)

Withdrawal of

teaching diploma

14 1 The regulation according to § 11a concerning the withdrawal of teaching

diplomas and teaching authorization also applies to teachers

at non-state secondary schools who possess a permit according to

10 1 Decisions of the school authorities of cantonal secondary schools are subject to appeal to the Directorate responsible for education, in accordance with the Administrative Justice Act.

2 Decisions of non-state secondary schools offering cantonally recognized educational qualifications are subject to appeal to the Directorate responsible for education, insofar as public law is applied.

Ordinance

Part 5: Final and Transitional Provisions

1 The Government Council issues the Ordinance.

2 The implementing provisions of Section 37 require the approval of the Cantonal Council.

Repeal of previous law

repealed

a. the Cantonal School Zurich Oberland Act of 5 October 1952

b. the Act on the Establishment of Further Secondary Schools in the Canton of Zurich of 3 October 1965

c. the Act concerning the Takeover of the Girls' School of the City of Zurich by the State of 2 March 1975

d. the Act concerning the Takeover of the Girls' School of the City of Winterthur by the State of 2 March 1975.

Amendment to existing law

a. The Administrative Justice Act of May 24, 1959: . . .7

b. The Education Act of December 23, 1859: . . .7

12

Secondary Education Act (MSG)

413.21

Hälfte erhoben.

raised by half.

bestimmung

provision

1 OS 55, 424. In force since the beginning of the spring semester 2000 (OS 56, 54).

2 In force since November 1, 1999 (OS 55, 501).

3 LS 170.4.

4 LS 177.10.

5 LS 412.100.

6 LS 413.211.

7 For text, see OS 55, 432.

8 Version in accordance with the Education Act of July 1, 2002 (OS 58, 3; ABI 2001, 885). In

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

9 Repealed by the Education Act of July 1, 2002 (OS 58, 3; AB1 2001, 885).

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

10 Version in accordance with the Education Act of July 1, 2002 (OS 58, 3; ABI 2001, 885). In

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

11 Inserted by Act of March 24, 2003 (OS 58, 155; ABI 2002, 1095). In force

since January 1, 2004 (OS 58, 373).

12 In force since January 1, 2004 (OS 58, 373).

13 Version in accordance with the Primary and Secondary Education Act of February 7, 2005 (OS 61, 194; AB12005,

412). In force since August 21, 2006 (OS 61, 219).

14 Inserted by Act on Administrative Measures for Teachers in

Primary and Secondary Schools and in Upper Secondary and Vocational Schools of May 16, 2011

(OS 66, 586; ABI 2010, 2980). In force since January 1, 2012.

15 Inserted by Act of February 3, 2014 (OS 69, 309; AB1 2013-07-05). In force

since August 1, 2014.

16 Version in accordance with Act of August 27, 2012 (OS 71, 170; AB1 2011, 1302). In force

since August 1, 2016.

17 Inserted by 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).

1.7. 22-117

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413.21

Mittelschulgesetz (MSG)

Secondary School Act (SSA)

18 Version in accordance with 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).

19 Inserted by Act of June 4, 2018 (OS 74, 17; ABI 2017-11-03). In force since

February 25, 2019.

20 Version in accordance with Act of June 4, 2018 (OS 74, 17; ABI 2017-11-03). In force since

February 25, 2019.

21 Inserted by Act of April 16, 2018 (OS 75, 348; ABI 2017-05-26). In force

since August 1, 2020.

22 Inserted by Act on Administrative Investigations of February 22, 2021

(OS 76, 447; ABI 2018-07-20). In force since January 1, 2022.

23 Inserted by Act on Hospital Schools at Secondary Level II of September 2, 2019

(OS 76, 564; ABI 2018-07-13). In force since January 1, 2022.

24 Version in accordance with Act of April 27, 2015 (OS 74, 350; ABI 2014-10-10). In force

since August 1, 2022 (OS 76, 265).

14