Intercantonal Agreement on Specialized Schools (FSV) - Purpose, Scope (FSV)

1. The Agreement governs for the area of tertiary vocational schools (excluding universities and universities of applied sciences)

a) inter-cantonal access,

b) the status of students,

c) the compensation that the cantons of residence of the students pay to the institutions operating the vocational schools.

2. Inter-cantonal agreements that regulate the co-sponsorship or co-financing of vocational schools or provide for higher compensations for attending vocational schools than those stipulated in this agreement take precedence over this agreement.

1. The contracting cantons shall record in a list,

a) which schools and courses of study they offer as a host canton for inter-cantonal access,

b) what contributions are to be paid by the canton of domicile of out-of-canton students for attending their studies,

c) which offers they intend to utilize as a canton of domicile for students.

2. The list shall be maintained as an annex to this agreement.

1. The canton of domicile for students is deemed to be

a) the canton of origin for Swiss nationals whose parents reside abroad or who are orphans living abroad; in the case of multiple cantons of origin, the citizenship acquired last is applicable,

b) the assigned canton for adult refugees and stateless persons who are orphans or whose parents reside abroad; subject to exemption under subparagraph d,

c) the canton of civil domicile for adult foreigners who are orphans or whose parents reside abroad; subject to exemption under subparagraph d,

d) the canton where adult students have resided for at least two consecutive years and were financially independent without simultaneously being in education; household management and military service are also considered gainful employment,

e) in all other cases, the canton where the civil domicile of the parents is located at the beginning of the studies or the seat of the last competent guardianship authority.

1. The compensations are determined as contributions per student and per semester. They refer to full-time education (at least 18 lessons per week) or part-time education.

2. The host cantons set the contributions for the schools and study programs they offer.

3. The following principles apply

a) The determination of the contribution amount is based on the average education costs. Relevant are the operating costs, minus individual tuition fees, infrastructure costs, and any federal contributions.

b) The contribution amount should cover a maximum of three-quarters of the average education costs.

c) The contribution amount for out-of-canton students must not be higher than for students residing in the canton.

4. A working group of five members, appointed by the Board of the EDK, examines the contribution amount at the request of an agreement partner and provides a recommendation. The host cantons are required, at the request of the working group, to substantiate and justify the contribution amount. The costs of these clarifications are divided among the parties.

1. The contributions shall be recorded in the list pursuant to Article 2.

2. They shall apply for a period of two years, or for the remainder of the contribution period (Art. 16, Sec. 2).

1. The host cantons and the schools they offer grant students, whose attendance is governed by this agreement, the same legal status as their own students.

1. Students and applicants from cantons that are not parties to this agreement are not entitled to equal treatment. They may be admitted to a program if students from the cantons that are parties to the agreement have been admitted.

2. Students from cantons that are not parties to this agreement shall be charged a fee in addition to the tuition fees, which corresponds at least to the compensation according to Art. 4.

1. Schools may charge reasonable tuition fees from students.

2. The tuition fees for each course of study must be the same for all students who fall under this agreement, including those from the cantonal location.

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) serves as the office for this agreement. It is specifically tasked with the following responsibilities

a) Informing the agreement cantons,

b) Coordination,

c) Regulation of procedural matters

2. For advising the office and developing recommendations pursuant to Art. 4 para. 4, the board of the EDK establishes a working group consisting of five members. This group is composed of one representative from each of the four EDK regions and one representative from the Conference of Cantonal Ministers of Finance (FDK).

1. Every school prepares a list of the names of students in each program at the beginning of a semester for the responsible canton liable for payment. This list includes the canton of residence according to Article 3 and separates students enrolled in full-time and part-time studies.

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. For any disputes arising from the application or interpretation of this agreement between the signatory cantons, an arbitration tribunal shall be established.

2. This tribunal consists of three members, who are appointed by the parties. If the parties cannot agree, the tribunal is appointed by the Board of the EDK.

3. The provisions of the Concordat on Arbitration of March 27, 1996 (SR 279), shall apply.

4. The tribunal makes 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 fifteen cantons have declared their accession, but not earlier than the beginning of the academic year 1999/2000.

2. At the time of its entry into force, the Interregional Agreement on Contributions to Colleges in the Tertiary Sector dated September 17, 1992, shall be repealed by decision of the cantons participating in this agreement.

1. The agreement can be amended with the consent of a two-thirds majority of the participating cantons.

2. An amendment to the annexes is possible every two years at the beginning of the academic year, with the first opportunity no earlier than August 1, 2001. Amendments to the annex will be included provided they are received by the secretariat before the end of the calendar year preceding the date of the amendment. All amendments take effect at the same time.

1. The agreement may be terminated with a notice period of two years, effective as of September 30, by providing a written declaration to the office, but not before five years of membership have elapsed.

1. If a canton terminates the agreement or removes a course of study of a canton from the annex, its obligations under this agreement remain in effect for the students enrolled at the time of withdrawal. Similarly, the entitlement to equal treatment (Art. 6) remains in place.

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.