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411.010 SCHV CH-AI

Education Ordinance (SchV) - School Communities (SCHV)

39 Articles / Provisions · Switzerland · Canton of Appenzell Innerrhoden
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Table of Provisions (39)

Statutory Text (39 Articles)

Public Schools

1. The following school districts exist, whose territories are defined in the Grand Council's decision regarding the boundary descriptions of the school districts of the Canton of Appenzell Innerrhoden

a) Appenzell

b) Brülisau

c) Eggerstanden

d) Gonten

e) *

f) Meistersrüte

g) Oberegg

h) * Schlatt-Haslen

i) Schwende

j) Steinegg

2. If a district has incorporated a school district as per section 1, it assumes the position of the school district and supersedes it as a corporate entity.

Appendix to Article 16 Paragraph 3

1

Calculated Criteria Set | Subsidy Rate in Percent

150 | 0

146-149 | 1

142-145 | 2

138-141 | 3

134-137 | 4

130-133 | 5

128-129 | 6

126-127 | 7

124-125 | 8

122-123 | 9

120-121 | 10

118-119 | 11

116-117 | 12

114-115 | 13

112-113 | 14

110-111 | 15

109 | 16

108 | 17

107 | 18

106 | 19

105 | 20

104 | 21

103 | 23

102 | 25

101 | 27

100 | 29

99 | 31

98 | 34

97 | 37

96 | 40

95 | 43

94 | 46

93 | 48

92 | 49

from 91 | 50

Public Schools

1. The school communities of the inner part of the country contribute annual fees to the costs incurred by the Appenzell school community for the management of preschool classes, introductory classes, small classes, as well as the lower secondary and secondary schools, after deducting the basic contributions in accordance with Article 26 of this ordinance.

2. The relevant costs consist of the operating costs and rental shares and are determined separately for preschool classes, introductory classes, small classes, lower secondary school, and secondary school.

3. The school communities are only liable for costs for those classes to which they have sent students. Their financial obligation corresponds to the proportion of their students relative to the total number of students in the respective classes.

4. ...

Public Schools

1. The Canton ensures free access for students to optional tenth grades in accordance with Art. 11 of the School Act.

2. For this purpose, the Canton may enter into relevant agreements with out-of-canton institutions; it fully or partially assumes the tuition fees to be borne by the holders of parental authority. The Executive Council regulates the cost participation of the Canton.

Legal Status of Students

1. Children who have reached the age of 5 before April 1 are required to attend kindergarten at the beginning of the next school year and will be required to attend school the following year.

Legal Status of Students

1. The school board may defer children of kindergarten or school age who lack kindergarten or school readiness or have health issues, upon the request of the parents. The parents shall consult with the teachers for advice. Both parents and teachers may involve the school services.

2. In the first semester of the first kindergarten or school year, deferral can also be requested by the teacher.

3. The school board may admit children who turn the age of 6 during the calendar year after the cutoff date into the first primary class at the request of the parents, provided that school readiness is credibly demonstrated.

Legal Status of Students

1. The teacher may impose the following disciplinary measures

a) additional homework or schoolwork outside of regular school hours;

b) removal from the lesson or other school event;

c) written complaint to the parents with a copy to the school board. The complaint may be noted in the report card.

d) exclusion from another school event that does not last longer than one day;

e) exclusion from classes for the current day;

f) with the consent of the president of the school board, exclusion from classes for up to three days, but not beyond the weekend.

2. If the teacher enacts a disciplinary measure pursuant to subsection 1, items d-f of this article, they shall report it in writing to the school board and the parents.

3. An exclusion under subsection 1, items d-f of this article shall be accompanied by meaningful activities.

Legal Status of Students

1. The School Board may impose the following disciplinary measures

a) A written complaint to the parents at the teacher's request. It may order that the complaint be noted in the report card;

b) Exclusion from a multi-day school event;

c) Exclusion from classes for up to three weeks;

d) Threat of expulsion from school;

e) * Expulsion from school with notification to the Child and Adult Protection Authority.

2. It must accompany an exclusion according to paragraph 1, letter b and c of this article with meaningful activities.

Legal Status of Students

1. Additional homework, work at school outside of class hours (Art. 6 para. 1 lit. a), dismissal from a lesson or another school event (Art. 6 para. 1 lit. b), exclusion from another school event that does not last more than one day (Art. 6 para. 1 lit. d), and exclusion from classes (Art. 6 para. 1 lit. e) are ordered verbally.

2. In cases of extended work at school outside of class hours, as well as exclusion from a school event or classes, the parents are notified.

3. A disciplinary measure according to Art. 6 para. 1 lit. f and Art. 7 of this regulation is communicated to the parents by means of a decision.

Legal Status of Teachers

1. The same employment requirements for hiring teachers at private schools apply as for hiring teachers at public schools. Furthermore, private schools govern the employment relationship with their teachers within the framework of the Code of Obligations.

2. Anyone providing private instruction in place of public schools must fulfill the employment requirements of Art. 32 of the School Act.

Legal Status of Teachers

1. To compensate for the additional week of vacation due to state personnel from the age of 50, teachers receive an age-related relief, not affecting their salary, starting from the semester following their 57th birthday.

2. The age-related relief comprises one weekly lesson for an employment rate of 40% to 69%, and two weekly lessons for an employment rate of 70% to 100%.

3. In cases of employment across multiple school districts in the canton, these districts must agree among themselves on the distribution of the relief. If no agreement is reached, the national school commission will decide.

4. The relief must not be offset with additional hours.

Legal Status of Teachers

1. The vacation entitlement of the teaching staff is determined by the Professional Commission.

Legal Status of Teachers

1. The School Council Conference typically determines at the beginning of a school year whether and to what extent wages are adjusted for inflation and in real terms.

2. The Professional Commission regulates the basis of salaries and their classification.

School Operations

1. The number of students in a class is permanently

a) in kindergarten, primary school, secondary school, and middle school at least 12 and at most 25 students;

b) in multi-class schools at least 11 and at most 22 students;

c) in home economics classes at most 14 students;

d) in workshop classes (textile/non-textile) at most 14 students;

e) in small class schools at most 14 students.

2. The State School Commission decides on details and exceptions.

School Operations

1. Direct school routes of over 2 km are considered unreasonable for kindergarten students and students of the 1st and 2nd primary classes, and direct school routes of over 3 km for other students;

2. If school routes cannot be deemed reasonable for safety reasons, the school board shall initiate appropriate measures.

3. For students who have classes all day and are entitled to transportation, the school community may offer a midday meal instead of midday transportation if it is more cost-effective.

School Operations - Supplemental Care Services

1. School municipalities are authorized to introduce supplementary school care services for their schoolchildren on a trial basis. The trials may last until 31 July 2027 at the latest.

2. The trial introduction of care services can be carried out by decision of the school board, subject to any necessary budget approvals by the school municipalities.

School Operations - Supplementary School Care Services

1. School districts may offer one or more of the following modules

a) before the start of classes in the morning, starting at the latest by 07:00 and at least until 08:00 (morning module),

b) during the midday recess, starting at the latest by 11:15 and at least until 13:30 (midday module),

c) after the end of classes in the afternoon, starting at the latest by 13:30 and at least until 17:30 (afternoon module),

d) during school holidays and other days without classes (holiday care).

2. If several school districts offer joint modules, they shall agree among themselves on what is necessary for operation and financing.

School Operations - Supplementary School Care Services

1. For the management of extracurricular care services, a person must be appointed who possesses at least a secondary level II qualification in the educational or social field.

2. The Cantonal Council regulates the requirements for the additional staff employed in the care services.

School Operations - Supplemental Care Services

1. The school community bills the holder of parental authority for the costs of the utilized care services, but at most

a) for the morning module: CHF 12.--

b) for the midday module: CHF 16.--

c) for the afternoon module per hour: CHF 11.--

d) for holiday care per hour: CHF 11.--

2. These prices include the cost of breakfast, lunch, and any possible snacks.

3. If the school community offers the midday module, it covers the cost for this module for students who are entitled to a midday meal according to Art. 13 para. 3.

4. If multiple children of a holder of parental authority take advantage of care services, the prices are reduced by 10% for the second child onwards.

School Operations - Supplementary Care Services

1. For attending supplementary school care offerings, the canton grants the holder of parental authority, upon application, contributions of up to a maximum of three-quarters of the highest rates according to Art. 13d Para. 1.

2. Contributions are granted on a graduated scale depending on the financial circumstances of the holder of parental authority. The granting of contributions requires that the holder of parental authority disclose their financial circumstances, particularly tax data, to the cantonal decision-making authority.

3. The State Commission determines the details. It may provide that contributions are advanced to holders of parental authority with limited means.

School Operations - Supplemental Care Services

1. The school community reimburses the canton for half of the contribution that the canton provides to the holder of parental authority.

2. If a school community does not fulfill the cantonal requirements, the amount of reimbursement to the canton may be increased.

School Operations - Supplementary School Care Services

1. The Cantonal Commission regulates the necessary provisions for the trial, particularly concerning public support services and the quality requirements of the offerings.

2. It is responsible for supervision and may delegate certain supervisory functions to the department.

3. It ensures an appropriate evaluation of the trials and, based on this evaluation, prepares any necessary adjustments to the educational legislation for subsequent regulations following the trial phase.

School Operations - Supplementary School Care Services

1. School communities that are unable to receive initial federal funding for their supplementary childcare offerings will receive cantonal support for a maximum of three years, provided the offerings comply with cantonal requirements.

2. The cantonal initial funding matches that of the federal second contribution year for the first two years and the third contribution year for the third year.

3. The cantonal initial funding will be granted no later than July 31, 2027.

Subsidization of Construction Expenses

1. Movable parts of the equipment of a building or facility are only subsidized in accordance with Art. 58 para. 2 SchG.

2. If existing school buildings and facilities or parts thereof are permanently repurposed for other uses due to the new expenditures, their current value must be deducted from the construction costs.

3. The authority responsible for granting subsidies determines the eligible share for value-enhancing modifications or for new constructions and facilities not serving exclusively educational purposes.

Subsidization of Construction Expenses

1. Responsible for the assurance of the cantonal contribution are

a) up to CHF 125,000 - the National School Commission;

b) over CHF 125,000 up to CHF 500,000 - the State Commission;

c) over CHF 500,000 - the Grand Council.

Subsidization of Construction Expenses

1. The basis for the calculation of the construction subsidy is the tax capacity per capita of the school district.

2. The tax capacity per capita as defined in this regulation is derived from the income and wealth tax for individuals as well as the profit and capital tax for legal entities (tax levy), converted to 100 tax points divided by the population of the school district. For calculating the tax capacity, data from the tax year two years prior is used. The respective reference date is December 31 preceding the subsidy approval. The population figure is determined as of December 31 preceding the subsidy approval.

3. The construction subsidy rate is determined in accordance with the rates listed in the annex of this regulation.

4. If various school districts are involved in or interested in a construction project, the authority responsible for the subsidization may establish different percentages.

Subsidization of Construction Expenses

1. Funding applications must be submitted to the Department of Education with executable plans, cost calculations, and construction descriptions.

2. Subsequent project changes that do not pertain to mere details of execution must be reported to the subsidy authority. In the event of cost overruns, a new funding assurance must be obtained in a timely manner.

Subsidization of Construction Expenses

1. The State School Commission reviews the funding applications and forwards them, if it is not responsible for the decision, along with its proposal to the Cantonal Commission.

**Subsidization of Construction Expenses**

**1. Construction work must not commence prior to the contribution commitment. The State School Commission may authorize an early start of construction.**

2. If more than one year elapses between the contribution commitment and the start of construction, the relevant authority may reconsider its contribution decision and adjust it to any changed circumstances.

Subsidization of Construction Expenses

1. The final account and construction report must be submitted to the Department of Education. This department examines the final account, calculates the definitive subsidy amount, and issues the disbursement order.

2. The authority responsible for subsidization decides on partial payments.

**Subsidization of Construction Expenses**

1. Contributions to Out-of-Canton School Facilities Under Article 61 of the School Act are decided by the Cantonal Government or the Grand Council upon the recommendation of the National School Commission. The school municipalities may be required to provide reasonable contributions.

Other Contributions

1. If a school district includes not only a kindergarten and primary school but also other types of schools or an integrative form of education, the expenses must be itemized separately in the accounts for

a) Pre-school class, introductory class, and small class;

b) Secondary modern school (Realschule);

c) Secondary school (Sekundarschule);

d) Integrated upper school level;

e) Additional services for the integrative form of education.

2. If a district has incorporated a school district, the expenses and revenues of the school must be itemized separately in the accounts.

Other Contributions

1. For attending a public school outside of the canton during mandatory schooling, the National Education Commission may, in specially justified cases and after consulting the affected school council, obligate them to fully or partially cover the tuition fees.

2. The National Education Commission may support the payment of tuition fees with contributions.

Other Contributions

1. The Cantonal School Commission may discontinue class and student contributions according to Art. 6 para. 2 and 3 of the Ordinance on the Financial Equalization Act of October 7, 2002 (FAV), if the school district permanently (for more than two years) falls below the minimum class size as stipulated in Art. 12 of this Ordinance.

Other Contributions

1. The canton shall contribute a basic amount of 20% towards the total costs of preschool, introductory and small classes, as well as real and secondary schools, and the integrated upper school.

2. The canton shall contribute a basic amount of 20% towards the additional costs arising from the integrative form of schooling.

Other Contributions

1. The Cantonal Executive Committee may grant school communities additional contributions from the proceeds of the property gains tax in extraordinary cases. These contributions may be subject to conditions (such as rationalization, etc.).

Authorities

1. The school board is required to report to the Department of Education for the national school commission in addition to the notifications mentioned in law and regulation, as follows

a) within ten days on the resolutions and elections of the school community;

b) on the annual financial statement of the school community by April 30;

c) on the appointment of substitutes;

d) on the issuance of disciplinary measures.

2. The school board ensures that the school classes under its supervision are visited at least once a year by members of the school board or special commissions (Art. 66 para. 4 SchG).

3. If the school board delegates tasks to special commissions (Art. 66 para. 4 SchG), it must establish their composition, duties, and responsibilities in school regulations. These regulations require approval by the national school commission.

4. The school board may involve school services before making decisions.

Authorities

1. If a school commission is established, its rights and obligations, the number of members, and the competent electoral body shall be regulated in the district regulation or another enactment adopted by the voters.

2. The school commission shall be led by a district councilor. For the transition, the district regulation or another enactment adopted by the voters may provide for an alternative solution.

3. Taking into account the competencies of other bodies, all leadership competencies in educational matters may be transferred to the school commission, except for the decision on conducting a referendum, which rests with the district council.

Final Provision

1. This ordinance shall enter into force upon adoption by the Grand Council, simultaneously with the School Act of April 25, 2004, on August 1, 2004.

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