Intercantonal Agreement on Universities of Applied Sciences (FHV) from 2005 - Purpose (CIHES)

1. The agreement regulates the inter-cantonal access to universities of applied sciences and the compensation that the cantons of residence of the students provide to the institutions of the universities of applied sciences.

2. It thereby promotes inter-cantonal financial equalization, freedom of movement for students, and the optimization of the offerings of universities of applied sciences. It contributes to a coordinated Swiss higher education policy.

1. Inter-cantonal agreements that regulate the co-sponsorship or co-financing of one or more universities of applied sciences take precedence over this agreement. It is required that the total financial compensations are at least as high as those provided for in Section II of the present agreement and that the equal treatment of students (Art. 3 para. 2, Art. 6 and 7) is ensured.

1. The canton of residence of the students shall contribute to the education costs of the universities of applied sciences.

2. The universities of applied sciences shall grant students from all cantons that are part of the agreement the same legal status. Insofar as the cantons are not themselves the sponsors of the universities of applied sciences, they shall oblige the schools affiliated with them to provide equal treatment.

1. Recognized diploma programs at cantonal or inter-cantonal universities of applied sciences are deemed eligible for contributions. Recognition is based on the Federal University of Applied Sciences Act or the Inter-Cantonal Diploma Agreement. For diploma programs conducted in two stages (bachelor's and master's studies), both levels are eligible for contributions.

2. Recognized programs operated by a private institution, but co-financed by a canton or a group of cantons, are eligible for contributions provided they are declared eligible by the FHV Commission. The prerequisite is that the co-financing canton or cantons provide at least the same benefits for their students as stipulated by the present agreement.

3. Other recognized programs may be declared eligible for contributions by the FHV Commission upon application by the host canton. In this case, only those cantons that explicitly commit to it will be liable for payment.

1. The canton of residence for students is considered to be

a) the canton of origin for Swiss nationals whose parents reside abroad or who are orphans living abroad; if there are multiple cantons of origin, the most recently acquired citizenship applies,

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

c) the canton of legal residence for adult foreigners who are orphans or whose parents reside abroad; subject to letter d,

d) the canton in which adult students have resided continuously for at least two years and have been financially independent without being in education; managing a family household and performing military service are also considered as gainful employment,

e) in all other cases, the canton in which the parents' legal residence is located at the beginning of studies, or the seat of the last competent guardianship authority.

1. If the student capacity in a program at a school is exhausted, prospective students and current students may be redirected to other schools, provided these schools have available study places. The FHV Commission determines the procedure and the authority responsible for the redirection.

1. Students and prospective students from cantons that have not acceded to this agreement are not entitled to equal treatment. They will be admitted to a school once students from the agreement cantons have been accepted.

2. Students from cantons that have not acceded to this agreement will be charged a fee in addition to the tuition fees, which is at least equivalent to the contribution of the agreement cantons.

1. The contributions are determined in the form of flat-rate contributions per student.

2. The Conference of the Agreement Cantons may, upon request of the FHV Commission, decide to apply a different compensation model for individual or all study programs. Such a decision requires a two-thirds majority of the conference members.

1. Academic programs are categorized into groups according to fields of study.

2. Determinative for establishing the contributions are the average educational costs per group, i.e., the operating costs minus individual tuition fees, infrastructure costs, and any federal contributions.

3. The contributions are set in such a manner that they cover 85% of the educational costs per group. The authority responsible for establishing the contributions is the Conference of the Signatory Cantons. The decision requires a majority of two-thirds of the conference members.

1. Schools may charge reasonable individual tuition fees. The FHV Commission sets the applicable minimum and maximum amounts for each program of study. Should these fees exceed the maximum limit set by the FHV Commission, the contributions for the respective program will be reduced.

1. The Conference of the Agreement Cantons consists of one representative from each canton that has joined the agreement. The Confederation may be represented in an advisory capacity.

2. It is entrusted with the following tasks

a) the election of the members and the chairperson(s) of the FHV Commission,

b) the election of the members of the arbitration panel,

c) determining the contributions according to Article 9,

d) determining a deviating compensation model according to Article 8,

e) the acceptance of the reporting by the FHV Commission.

3. It issues regulations concerning the duration of the payment obligation for individual study programs.

1. For enforcement, the Conference of the Agreement Cantons establishes a Commission for the University of Applied Sciences Agreement (Commission UASA).

2. It is composed of nine members, who are elected for a term of four years. Two members are proposed by the Conference of Cantonal Finance Directors.

3. The Commission UASA is entrusted, in particular, with the following tasks

a) Monitoring enforcement, including the administrative office,

b) Annual reporting to the Conference of the Agreement Cantons,

c) Submitting proposals for determining contributions and the duration of payment obligations for individual study programs,

d) Submitting proposals for establishing a differing compensation model according to Article 8,

e) Determining the minimum and maximum thresholds for individual tuition fees,

f) Regulating accounting, contribution payments, deadlines, key dates, and default interest,

g) Allocating newly recognized or recognition-pending study programs according to Article 9 paragraph 1 and Article 21.

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

1. The eligible study programs and the amount of the contribution are listed in an annex.

1. The number of students is determined according to the criteria of the Swiss Higher Education Information System of the Federal Statistical Office.

2. Each school prepares a list of student names for the payment-obligated canton. This list includes the relevant canton of residence pursuant to Article 5 and categorizes the students separately according to their respective groups.

1. The costs of implementing this agreement shall be borne by the participating cantons in proportion to the number of their students. The costs will be billed to them annually. For specific investigations that pertain only to individual cantons and schools, the costs may be allocated to the affected cantons, upon a decision by the FHV Commission.

1. The conference of the contracting cantons establishes an arbitration board composed of seven members. It appoints the president of this board.

2. The arbitration board makes decisions with a composition of three members, none of whom may be from the directly affected cantons.

3. The arbitration board makes final decisions on disputed issues concerning

a) the number of students,

b) the relevant place of residence,

c) the payment obligations of the cantons.

4. The provisions of the Concordat on Arbitration of March 27, 1969 (SR 279) are applicable.

1. Subject to Article 17, the Federal Court shall decide on disputes arising from this agreement between the cantons, by means of a constitutional complaint, in accordance with Article 83 paragraph 1 letter b of the Federal Judiciary Act of December 16, 1943.

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 at the beginning of the 2005/2006 academic year. The condition for its entry into force is that at least fifteen cantons have declared their accession.

1. The FHV Commission determines which study programs will contribute during the accreditation process and classifies them into groups. The decisive factor is whether the study program has a prospect of accreditation (Art. 4 para. 1). An opinion must be obtained from the competent accrediting commission.

1. The agreement may be terminated by providing two years' notice, effective on September 30th, via written declaration to the FHV Commission; the earliest termination date being September 30th, 2008.

2. If a canton terminates the agreement, its obligations under the agreement for students enrolled at the time of withdrawal shall remain in effect until the end of their studies. Likewise, the right of the concerned students to equal treatment according to Art. 3 shall continue to exist.

1. Accession by the Principality of Liechtenstein to this Agreement can occur based on its own legislation. It shall enjoy all rights and obligations of the other contracting parties. Universities of applied sciences or programs recognized under Liechtenstein law are to be treated in the same manner as those recognized under Swiss law.