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411.5 IUVCUI CH-AR

Intercantonal Agreement on Contributions to the Costs of Higher Education at Universities - Purpose (IUV)

27 Articles / Provisions · Switzerland · Canton of Appenzell Ausserrhoden
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Table of Provisions (27)

Art. 1 Intercantonal University Agreement, IUV - Purpose Art. 2 Intercantonal University Agreement, IUA Art. 3 Intercantonal University Agreement, IUA - Principles Art. 4 Intercantonal University Agreement, IUA - Eligible Study Programs Art. 5 Intercantonal University Agreement, IUA - Contribution-Eligible Study Programs of Private Institutions Art. 6 Intercantonal University Agreement, IUV - Database for Eligible Educational Programs Art. 7 Intercantonal University Agreement, IUV - Students Art. 8 Intercantonal University Agreement, IUA - Basis for Assessment Art. 9 Intercantonal University Agreement, IUA Art. 10 Intercantonal University Agreement, IUV - Amount of Intercantonal Contributions Art. 11 Intercantonal University Agreement, IUA Art. 12 Intercantonal University Agreement, IUA - Paying Canton Art. 13 Intercantonal University Agreement, IUA - Tuition Fees Art. 14 Intercantonal University Agreement, IUA Art. 15 Intercantonal University Agreement, IUA - Treatment of Students from Non-Agreement Cantons Art. 16 Intercantonal University Agreement, IUV Art. 17 Intercantonal University Agreement, IUA - IUA Commission Art. 18 Intercantonal University Agreement, IUV Art. 19 Intercantonal University Agreement, IUA Art. 20 Intercantonal University Agreement, IUA - Dispute Resolution Art. 21 Intercantonal University Agreement, IUA - Accession Art. 22 Intercantonal University Agreement, IUA - Entry into Force Art. 23 Intercantonal University Agreement, IUV - Termination Art. 24 Intercantonal Agreement on Universities, IUA - Continuation of Obligations Art. 25 Intercantonal University Agreement, IUV - Principality of Liechtenstein Art. 26 Intercantonal University Agreement, IUA - Transitional Law Art. 27 Intercantonal University Agreement, IUV

Statutory Text (27 Articles)

I. General Provisions

1. The agreement governs the equitable inter-cantonal access to the cantonal university institutions and institutions in the university sector, as well as the compensation to the cantons that host these institutions.

2. It thereby promotes inter-cantonal burden sharing and the free movement for students, and is part of a coordinated Swiss higher education policy.

I. General Provisions

1. Intercantonal Agreements, which govern the joint sponsorship of one or more universities and institutions in the higher education sector, take precedence over this agreement, provided they do not violate the principles according to Article 3.

I. General Provisions

1. The financing cantons shall provide the cantons hosting universities (university-hosting cantons) with contributions for their students towards the costs of university education.

2. The university-hosting cantons must provide their students with at least the same monetary benefits as stipulated by this agreement.

3. They shall grant students from all participating cantons the same legal status.

II. Contribution Eligibility

1. Eligible for contributions are study programs offered by institutionally accredited public-law cantonal universities as well as by accredited public-law institutions of the cantons within the university higher education sector.

2. The conference of the agreeing cantons may declare universities and institutions in the university higher education sector, which are undergoing the accreditation process, as eligible for contributions. It defines the decisive criteria for this in guidelines. Article 26 is reserved.

3. Study programs whose completion includes access to a regulated profession are considered eligible for contributions if the additional recognition requirements formulated in the relevant law are met.

4. Study programs in the sense of the preceding paragraphs are

a. Bachelor's or Master's studies,

b. Doctoral studies taking into account Article 11,

c. Other study programs designated by the conference of the agreeing cantons.

5. Preparatory study offers and continuing education offers are not eligible for contributions.

II. Contribution Eligibility

1. Study programs offered by institutionally accredited private universities and by accredited private institutions within the university higher education sector can be recognized by the conference of the agreement cantons as eligible for contributions. The prerequisite is that the canton of location

a. financially participates in the private university,

b. provides at least the same financial benefits for its students at the private university as stipulated by this agreement,

c. ensures that the private university grants the same legal status to students from all agreement cantons, and

d. is represented in the governing body of the private university or is involved in another way in the strategic management of the university.

2. Article 4 paragraphs 3 to 5 and Article 6 also apply to private institutions.

II. Contribution Eligibility

1. The study programs subject to contributions are recorded in a database by academic departments.

2. If the allocation of individual programs to a department does not arise from the characteristics of the system or is contested, the IUV Commission makes an allocation decision.

II. Contribution Eligibility

1. Students who trigger a contribution within the meaning of this agreement are individuals who are enrolled in a study program subject to contributions.

2. No contributions are made for students who do not receive study services.

3. The number of students is determined based on the student statistics of the Federal Statistical Office (FSO).

III. Assessment of Contributions and Payment Obligation

1. The inter-cantonal contributions are established as an annual lump sum per student per cost group.

2. These contributions are billed to the responsible cantons based on the student numbers recorded in the autumn and spring semesters. The IUV Commission decides on the modalities of invoicing.

III. Assessment of Contributions and Payment Obligation

1. Basis for the Assessment of Intercantonal Contributions are the Standardized Costs per Sector. These are determined by

a. the remaining operational costs for teaching, after the deduction of external funds for teaching, at 100 percent, and

b. the operational costs for research, which remain with the sponsor after the deduction of external funds for research, at 85 percent.

2. The Definition of Sectors and their Assignment to a Cost Group is provided in the annex to the agreement.

3. The Conference of the Agreeing Cantons may, in the event of significant changes to the assessment criteria defined in paragraph 1, change the assignment of a sector to a cost group, establish additional cost groups, and/or divide existing cost groups. In justified cases, it may also cap the operational costs attributable to research.

III. Assessment of Contributions and Payment Obligation

1. Based on the standardized costs per department, the average costs per cost group are calculated, and a deduction is made in the amount of the average tuition fees as well as the actual or flat-rate calculated federal contributions. The contributions correspond to 85 percent of the costs calculated in this way.

2. The inter-cantonal contributions for cost group III amount to a maximum double the average of the costs calculated for the departments of this cost group for teaching purposes in accordance with Article 9, paragraph 1, letter a. In justified cases, the Conference of the Agreement Cantons may increase the contributions for cost group III beyond the defined maximum. Article 26, paragraph 3 is reserved.

3. The Conference of the Agreement Cantons is responsible for determining the contributions and the duration of their validity.

III. Assessment of Contributions and Payment Obligation

1. Intercantonal Contributions Under the Agreement must be paid for both a First Degree and, if applicable, a Second Degree. A degree program (First or Second Degree) may include study offerings at the Bachelor's, Master's, and possibly Doctoral levels. The prerequisite for financing a Second Degree is an initial university degree at the Master's level.

2. The obligation to contribute is limited to 12 semesters for a First Degree and an additional 12 semesters for a Second Degree. For students in medical study programs, the duration of the obligation to contribute is extended to 16 semesters.

3. The Conference of the Cantons Party to the Agreement shall determine the maximum duration eligible for contributions for study offerings in accordance with Article 4, Paragraph 4, Letter c.

III. Assessment of Contributions and Payment Obligation

1. The canton responsible for payment is the one in which a student had their civil residence (Article 23 et seq. Swiss Civil Code) at the time of obtaining the admission certificate for the university.

2. In the case of enrolling in a second degree program, the canton responsible for payment is the one in which a student has their civil residence at the time of starting the second degree program (beginning of the semester).

III. Assessment of Contributions and Payment Obligation

1. The cantons responsible for universities may levy reasonable individual tuition fees. If the sum of the contributions according to Article 10 and the individual tuition fees exceeds the standardized costs per cost group according to the annex, which form the basis of the contributions, the contributions shall be reduced accordingly.

IV. University Access and Equal Treatment

1. Applicants and students from the contracting cantons have the same legal status regarding admission to the study program as those from the university sponsoring canton(s). This also applies in cases of admission restrictions.

IV. University Access and Equal Treatment

1. Students from non-agreement cantons have no entitlement to equal treatment.

2. They will only be admitted to a course of study eligible for contributions under the meaning of this agreement once students from agreement cantons have been accepted.

3. They shall pay contributions for the utilized study programs that are at least equivalent to the contributions according to Article 10.

V. Enforcement

1. The conference of the participating cantons consists of one governmental representative from each canton that has joined the agreement.

2. It is responsible for the following tasks

a. Determining the inter-cantonal contributions per cost group and the duration of their validity, including the definition of federal contributions to be deducted (Article 10),

b. Defining the subject areas and assigning them to a cost group (Article 9 Paragraph 2),

c. Changing the assignment of a subject area to a cost group, establishing additional cost groups and/or dividing existing cost groups, and making corresponding adjustments to the annex (Article 9 Paragraph 3),

d. Capping the attributable operating costs for research in justified cases (Article 9 Paragraph 3),

e. Increasing contributions for cost group III beyond the defined maximum (Article 10 Paragraph 2),

f. Defining additional study programs (Article 4 Paragraph 4 Letter c) and setting the corresponding standard period of study (Article 11 Paragraph 3),

g. Reducing contributions (Article 13),

h. Deciding on the eligibility for contributions of study programs of universities undergoing accreditation (Article 4 Paragraph 2), study programs whose completion grants access to a regulated profession (Article 4 Paragraph 3), as well as study programs of private universities (Article 5),

i. Approving the budget and accounts regarding execution costs (Article 19),

k. Electing the members and chairperson(s) of the IUV Commission (Article 17), and

l. Determining the fiscal year from which the contributions for cost group III will be calculated based on validated costs.

3. Decisions in accordance with Paragraph 2, Letters a to g, as well as l require a two-thirds majority of the conference members, including at least half of the university cantons according to the University Agreement[3]. For the remaining decisions, a simple majority of the conference members present is sufficient.

V. Enforcement

1. For the execution, the conference of the agreement cantons elects a Commission IUV. The term of office is four years.

2. The Commission IUV is composed of eight government council representatives from the agreement cantons. Four members of the Commission IUV represent a university canton, and four represent a non-university canton.

3. One representative each from the State Secretariat for Education, Research, and Innovation (SERI) and the Federal Statistical Office (FSO) participate in meetings in an advisory capacity.

4. The Commission IUV is entrusted with the following specific tasks

a. Supervision of the execution, particularly of the administrative office,

b. Decision on the assignment of an offer to a specialized area in contentious cases (Article 6, paragraph 2),

c. Submission of proposals to the conference of agreement cantons for decisions pursuant to Article 16, paragraph 2, letters a to g and l, as well as

d. Regulation of accounting, contribution payments, deadlines and cutoff dates, and procedures in the event of potential default interest.

V. Enforcement

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

2. It conducts the central collection of contribution payments.

V. Enforcement

1. The costs of executing this agreement shall be borne by the contracting cantons in proportion to the number of their students. These costs will be invoiced to them annually.

V. Enforcement

1. For disputes arising from the present agreement, the dispute resolution procedure in accordance with the IRV shall be applied.

2. If the dispute cannot be settled, the Federal Supreme Court shall decide upon a claim in accordance with Article 120 paragraph 1 letter b BGG.

VI. Final Provisions

1. Accession to this agreement is declared to the Council of the Swiss Conference of Cantonal Ministers of Education.

2. By acceding to this agreement, the cantons simultaneously declare their withdrawal from the Intercantonal University Agreement of 20 February 1997.

VI. Final Provisions

1 The board of the Swiss Conference of Cantonal Directors of Education shall put the agreement into effect once 18 cantons have joined it.

2 The entry into force shall be communicated to the federal government.

VI. Final Provisions

1. The agreement may be terminated by giving two years' notice effective on December 31st of any year, through a written declaration to the conference of the contracting cantons.

VI. Final Provisions

1. If a canton terminates the agreement, its obligations under this agreement for the students who are in training at the time of withdrawal shall continue until the end of their studies.

VI. Final Provisions

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.

VI. Final Provisions

1. The contribution entitlements according to the Intercantonal University Agreement of February 20, 1997, shall remain in effect until a decision is made regarding institutional accreditation (Article 4 paragraph 2 and Article 5 paragraph 1) in accordance with the HEdA or until a decision is made regarding the fulfillment of additional recognition requirements according to Article 4 paragraph 3 and Article 5 paragraph 2, but no longer than eight years after the HEdA comes into force.

2. The performance compensation of those cantons that have not or not yet joined the Intercantonal University Agreement shall occur for a maximum of two years after the agreement enters into force, based on the Intercantonal University Agreement of February 20, 1997. After this period, Article 15 applies to all non-agreement cantons.

3. As long as there are no validated costs concerning the education of human, dental, and veterinary medicine, the intercantonal contributions for Cost Group III shall be double the contributions for Cost Group II. The conference of the agreement cantons shall decide from which accounting year the contributions for Cost Group III shall be calculated based on validated costs.

VI. Final Provisions

1. For a transitional period of three years after the entry into force of the IUV 2019, the calculation of the cantonal contributions shall proceed as follows

a. Multiplication of the difference between the IUV 2019 contributions and the IUV 1997 contributions by a factor of 0.25 (first calculation year), by a factor of 0.5 (second calculation year), or by a factor of 0.75 (third calculation year) and determination of a corresponding adjustment amount for each canton,

b. Calculation of the effective contributions per canton based on the contributions according to IUV 1997 plus the adjustment amount pursuant to subsection a.

2. After the conclusion of this three-year transitional period, the calculation of the cantonal contributions will be based exclusively on the IUV 2019.

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