Intercantonal Agreement on Contributions to Higher Professional Education and Training Programmes (HFSV) - Purpose (HFSV)

1. The agreement regulates free access to the educational programs at higher vocational schools recognized under the Federal Act on Vocational Education and Training of December 13, 2002 (Vocational Education Act, VET Act) and the compensation that the cantons of residence of the students provide to the sponsors of the higher vocational school programs.

2. It thereby promotes inter-cantonal burden sharing, the coordination of offerings, and the free movement for students, serving to ease their financial burden.

1. The Agreement applies to the educational programs at higher vocational schools pursuant to Article 29 of the Vocational Training Act (BBG).

2. Postgraduate studies are not covered by the scope of this Agreement.

3. Two or more cantons may make financial arrangements among themselves that deviate from this Agreement.

1. Requirements for the eligibility of an educational program are

a) the recognition of the educational program by the competent federal office,

b) the conclusion of a performance agreement between the canton of location and the educational provider, from which, in particular, the assurance of cost transparency is apparent, and

c) the notification of the canton of location in accordance with Article 4.

2. Educational programs according to Article 7 additionally require a justified application from the competent directors' conference.

3. Any profits made by the educational provider in conducting an offering must be used either to reduce tuition fees or for the further development of the educational program.

1. The host cantons report to the office, providing proof of the conditions in accordance with Article 3 and indicating the coverage degree in accordance with Article 6 or 7, those educational programs which they subject to the agreement.

2. The office maintains a list of educational programs eligible for contributions. This list is adjusted at the beginning of each new academic year.

1. The obligation to pay contributions in accordance with Articles 3, 6, and 7 of the agreement falls upon the canton of residence at the time the education commences.

2. For students, the canton of residence is considered to be the last canton where adult students have lived uninterruptedly for at least two years prior to starting their education, were financially independent, and not simultaneously undergoing education. Employment also includes managing a family household and performing military and civil service.

3. For students who do not meet the requirements of paragraph 2, the canton of residence is deemed to be

a) the canton of origin for Swiss nationals whose parents reside abroad or who live abroad without their parents; in cases of multiple cantons of origin, the one most recently acquired is considered,

b) the assigned canton for adult refugees and stateless persons who are without parents or whose parents reside abroad,

c) the canton of civil residence for adult foreigners who are without parents or whose parents reside abroad, and

d) in all other cases, the canton in which, at the commencement of education, the parents' civil residence or the seat of the last competent guardianship authority is located.

1. The contributions shall be determined for each educational program, differentiated by full-time and part-time training, in the form of semester fees per student.

2. The following principles apply to the determination of the amount of flat-rate contributions according to paragraph 1

a) Determination of the average weighted training costs (gross education costs) per educational program and student according to the duration of training (number of semesters), the number of creditable lessons, and the average class size, whereby the conference of the agreement cantons sets the maximum number of creditable lessons and the minimum reference class size;

b) the contributions cover 50 percent of the average costs determined pursuant to point a.

1. In the fields of health, social services, as well as agriculture and forestry, the responsible Specialist Directors' Conference may apply to the Conference of the Agreement Cantons for contributions for individual educational programs amounting to a maximum of 90 percent of the determined average standard costs per student and semester. To do this, it must demonstrate an increased public interest in the respective educational program, particularly in relation to a statutory service mandate.

2. The increased public interest in contributions as described in paragraph 1 must be periodically reviewed by the responsible Specialist Directors' Conference for the attention of the Conference of the Agreement Cantons, but at least every five years. If the increased public interest is lacking for an educational program, the contributions according to Article 6 shall apply to it.

1. The contributions are paid out per educational program and per student to the educational provider on a semester basis.

2. The home canton or responsible canton, as well as any co-financing partner cantons, must provide at least the same benefits for their students as stipulated in the present agreement.

1. Providers can charge reasonable tuition fees.

2. The conference of the agreeing cantons may establish minimum and maximum amounts applicable to tuition fees for each educational program. If the tuition fees exceed the established maximum limit, the contributions for the respective educational program will be correspondingly reduced.

1. The cantons and the schools located within their territory shall grant students whose educational pathway is governed by this agreement the same legal status with regard to access to education as their own students.

1. Students and prospective students from cantons that have not acceded to this agreement are not entitled to equal treatment. They may be admitted to a course of study if students from the cantons that are part of the agreement have been accepted.

2. Students from cantons that have not acceded to this agreement will be charged additional tuition fees on top of the standard tuition fees, which correspond at least to the compensation pursuant to Articles 6 or 7.

1. The Conference of the Contracting Cantons is composed of the directors of education from the cantons that have acceded to the agreement.

2. It makes final decisions on all matters related to the agreement, in particular

it determines the amount of contributions pursuant to Articles 6 and 7,

it sets the maximum number of eligible lessons and the minimum reference class size in accordance with Article 6 paragraph 2 letter a,

it establishes the minimum and maximum tuition fees per educational program in accordance with Article 9, and

it approves the reporting of the secretariat.

3. Decisions pursuant to paragraph 2 letters a to c require a two-thirds majority of the conference members.

1. The Secretariat is managed by the General Secretariat of the Swiss Conference of Cantonal Directors of Education.

2. The Secretariat is entrusted with the following duties in particular

a) maintaining the list of educational programs eligible for contributions,

b) ensuring the collection of costs for educational programs at higher education institutions in accordance with Article 6,

c) preparing matters for which the Conference of the Cantonal Agreement is responsible for making decisions,

d) developing and reviewing proposals for the adjustment of contributions,

e) undertaking coordination tasks,

f) governing procedural questions, including, notably, regulations concerning accounting, contribution payments, setting deadlines, and key dates, and

g) submitting an annual report to the Conference of the Cantonal Agreement.

3. The costs for the execution of this agreement shall be borne by the cantons party to the agreement in proportion to their population numbers. These costs will be invoiced to them annually.

1. Any disputes arising from this agreement shall be resolved in accordance with the dispute resolution procedure set forth in the Framework Agreement for Intercantonal Cooperation with Burden Sharing (Framework Agreement, IRV) of June 24, 2005.

2. If the dispute cannot be settled, the Federal Supreme Court shall decide upon complaint according to Article 120 paragraph 1 letter b of the Federal Supreme Court Act.

1. The accession to this agreement shall be declared to the Board of the Swiss Conference of Cantonal Directors of Education.

1. The Executive Board of the Swiss Conference of Cantonal Ministers of Education shall implement the agreement when 10 cantons have joined, but not earlier than the beginning of the academic year 2013/2014.

2. If a canton is a sponsor or co-sponsor of a school or institution offering the respective educational program, it may, during a transitional period of 5 years from the entry into force of the agreement, make its financial contribution for out-of-canton schooling contingent upon approval.

3. The entry into force shall be communicated to the federal authorities.

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, its obligations under this agreement remain in effect for students who are in training at the time of the withdrawal.

1. Upon the accession of a canton to the HFSV, the higher vocational schools of that canton are automatically removed from the annex of the FSV 1998.

2. The performance compensations for those cantons that have not yet joined or have not joined the HFSV are based on the FSV.

1. The Principality of Liechtenstein may accede to this Agreement based on its own legislation. It is entitled to all the rights and obligations of an agreement canton.