Intercantonal Agreement on Schools with Specific Structured Programmes for Highly Gifted Pupils - Purpose, Scope

1. The Agreement is applicable to Secondary Education Levels I and II.

2. It governs, for specifically structured educational programs designed to support gifted individuals in all areas

a. inter-cantonal access,

b. the status of the students,

c. the compensation that the students' cantons of residence provide to the schools' sponsors.

3. Inter-cantonal agreements that regulate the co-sponsorship or co-financing of schools or provide for compensations deviating from this agreement for school attendance take precedence over this agreement.

1. The appendix specifies

a. which educational programs (including brief descriptions) are covered by this agreement,

b. what contributions for school attendance are to be paid by the canton of residence of out-of-canton students,

c. which cantons wish to make use of which educational programs, and

d. the conditions on which the cantons base their willingness to pay.

1. Training Programs Subject to This Agreement Fulfill the Following Conditions

a. they specifically promote exceptional talent,

b. they ensure an educational or vocational training leading to a recognized qualification, and

c. they provide concrete support for students to combine the promotion of exceptional talent with their education and to harmoniously develop all their abilities.

1. The canton of location reports a training program to the secretariat if it meets the requirements pursuant to Article 3.

2. The secretariat includes the reported training programs in the annex.

1. Paying Canton is the Canton of Residence. The internal distribution or further allocation of the costs is governed by the respective cantonal law.

2. The Canton may make its willingness to pay dependent on conditions (e.g. cost approval).

1. The Canton of Residence for Students is considered to be

a. The canton where adult students have their current residence for scholarship purposes,

b. For minor students, the canton where their parents have their current civil legal residence, or where the seat of the competent guardianship authority is located.

1. The host cantons establish the contributions for the education programs included in the annex.

2. The following principles apply

a. the compensations are determined as contributions per student and per semester,

b. contributions are provided for school-related education costs as well as for the costs of student support (Art. 3 para. 1 let. c); contributions are not provided for accommodation and meal costs, nor for specific gifted education programs,

c. the contribution amount for students from outside the canton must not exceed the amount for students residing in the canton.

1. The contributions apply for one year each.

1. The host cantons or the schools offered by them grant students, whose canton of residence has declared its willingness to pay, the same legal status as their own students.

1. Pupils from cantons that have not declared their willingness to pay for the offered educational program are not entitled to equal treatment. They may be admitted to an educational program if pupils from cantons that have declared their willingness to pay have been admitted.

2. Pupils from cantons that have not declared their willingness to pay are charged a fee, in addition to any possible school fees, which must be at least equivalent to the compensation according to Article 7.

1. Schools may charge students reasonable school fees.

2. The school fees for each educational program must be the same for all students whose attendance falls under this agreement, including those from the host canton.

1. The canton where the school is located designates the payment office for each school.

1. The General Secretariat of the Swiss Conference of Cantonal Ministers of Education (EDK) is the office responsible for this agreement.

2. It is particularly entrusted with

a. the information of the cantons party to the agreement,

b. the coordination, and

c. the regulation of enforcement and procedural matters.

1. The costs of the office for the execution of this agreement shall be borne by the contracting cantons in proportion to their population. These costs will be invoiced to them annually. For special clarifications that pertain only to individual cantons and schools, the costs can be passed on to the affected cantons.

1. A court of arbitration shall be established for any disputes arising from the application or interpretation of this agreement between the agreeing cantons.

2. This court shall consist of three members, who shall be appointed by the parties. If the parties cannot agree, the court of arbitration shall be appointed by the board of the EDK.

3. The provisions of the Concordat on Arbitration of March 27, 1969 (SR 279) shall apply.

4. The court of arbitration shall reach a final decision.

1. Accession to this agreement must be communicated to the General Secretariat of the EDK. By acceding, the cantons commit to providing the data necessary for the execution of this agreement in the prescribed manner.

1. This agreement shall enter into force when at least three cantons have declared their accession, but no earlier than the beginning of the 2004/2005 school year.

1. An amendment to the annex (list of training courses) is possible at the start of each school year.

2. New training courses will be included if they are reported to the office before the end of the calendar year preceding the amendment date.

3. Any change in payment readiness or the conditions attached to it must be reported to the office before the end of the calendar year preceding the amendment date.

1. An amendment to the agreement requires the approval of a two-thirds majority of the participating cantons.

1. The agreement may be terminated with a notice period of two years, effective as of July 31st of any given year, through a written declaration to the office. However, termination is only possible for the first time after five years of membership.

1. The obligations arising from this agreement for students enrolled at the time of withdrawal shall continue until the student's withdrawal if

a. a canton terminates the agreement, or

b. a canton terminates its willingness to finance the course of education.

2. Similarly, the right to equal treatment (Art. 9) shall be preserved.

1. The Principality of Liechtenstein may accede to this Agreement based on its own legislation. It shall have all the rights and obligations of the other contracting parties.