Act on Primary and Lower Secondary Education (Volksschulgesetz; VSG) - Purpose (LSP)
Table of Provisions (72)
Statutory Text (72 Provisions)
1. This law serves to regulate education and upbringing in elementary schools.
2. It forms the basis for further educational and upbringing offerings that complement the offerings of elementary schools.
1. The Primary School aligns with humanistic and democratic values. It supports the students in growing into life-affirming, responsible, independent, and community-oriented individuals.
2. The Primary School imparts fundamental knowledge and skills. It instills and promotes the joy of learning and the creative forces as a foundation for lifelong learning. The students shall be enabled to achieve cultural, social, and economic accomplishments throughout their life journey.
3. The Primary School is committed to ensuring equal opportunities. The individual abilities and talents of the students are taken into account.
1. All school-age children residing in the canton have the right to attend the public primary school free of charge.
2. They have the right, at their own expense, to attend a private school that fulfills the compulsory schooling requirement. Compulsory schooling can also be fulfilled through private instruction, provided that the legal requirements are met.
1. Children who turn four years old by April 30 of any given year are required to start school at the beginning of the next school year.
1. The municipalities are responsible for the elementary school. They ensure the provision of the necessary infrastructure and the operation of the school.
2. They may cooperate with other municipalities or private organizations to fulfill their statutory duties.
3. The government council may require the municipalities to cooperate if this is necessary to meet legal requirements.
1. Students attend the elementary school in the municipality where they have their permanent residence.
2. The municipal council may, in agreement with the school authority receiving the student, order certain students to attend an external school, particularly in cases of unreasonable school commutes, for educational reasons, or to achieve specified target sizes. The municipalities involved shall regulate the reimbursement of costs.
3. In the case of placement in a socio-educational institution for children and adolescents, or in a foster family, within an intrastate context, the municipality of the previous school location shall bear the school costs. The municipalities involved may establish a different arrangement.
1. The canton provides each school authority with an annual lump-sum school cost contribution of 2,125 Swiss francs per student.
2. The contribution is adjusted in accordance with the cantonal budget forecast for the salary development of the teaching staff.
1. The canton can provide primary school offerings at cantonal schools.
2. The government council regulates the cost compensation with the relieved school authorities.
1. The municipal council, as the highest school authority, exercises strategic leadership and oversight over the public school within the municipality.
2. It manages the school according to the principles of legality, effectiveness, and efficiency, and establishes its organization within the framework of cantonal regulations.
1. The municipal council may delegate its responsibilities under this law to a school commission.
2. If two or more municipalities jointly operate a school, they may establish a joint school commission.
1. The municipal council appoints school administrations that are responsible for the organizational, educational, personnel, and financial management of the school.
2. The government council regulates the professional requirements and the duties of the school administration. It sets guidelines for the scope of positions and determines the range of remuneration.
3. The school administration is otherwise subject to the municipal personnel law.
1. The school operations are oriented towards the well-being of the learners.
2. Teaching and specialist staff, as well as guardians, collaborate within the scope of their responsibilities.
1. The school administration may approve the deferral or advancement of school enrollment if it serves the child's well-being.
1. The school period is divided into three curriculum-based cycles
a) the first cycle includes two years of kindergarten and two years of primary education (1st to 4th school year);
b) the second cycle includes four years of primary education (5th to 8th school year);
c) the third cycle includes three years of lower secondary education (9th to 11th school year).
2. Students may progress through the curriculum-based cycles faster or slower.
3. Voluntary school withdrawal is possible once the 10th school year according to the curriculum has been completed.
1. The Government Council enacts the curriculum with the timetable of classes.
2. The curriculum bindingly regulates the learning objectives and competencies to be achieved as well as the fundamental contents of the instruction.
3. The timetable specifies the compulsory subjects and the elective instruction. The Government Council may establish a requirement to offer elective instruction.
1. Educational materials and school supplies are provided to students free of charge. A reasonable contribution may be required for extraordinary material costs.
2. The Department of Education and Culture may declare the use of certain educational materials as mandatory.
3. The canton may supply school authorities with educational materials or contribute to their procurement. It may also publish its own educational materials.
1. Instruction generally takes place in classes, learning groups, or learning communities. Other forms of instructional organization are possible.
2. The governing council establishes guidelines for instructional organization.
1. The school year is divided into two semesters and includes thirteen weeks of school holidays. It begins after the summer holidays.
2. The Department of Education and Culture establishes the annual holiday schedule. It may authorize the school authorities to independently determine two weeks of holidays.
1. School authorities may designate a maximum of five half-days per school year as non-teaching days, particularly for events of local significance.
1. Classes take place from Monday to Friday. They are distributed into pedagogically, didactically, and organizationally appropriate units.
2. The school administration may schedule school events outside regular class hours.
3. Mandatory school events such as class relocations, excursions, and camps may incur contributions up to the extent of average living costs.
1. The allocation to a particular school building is decided by the municipal council. It may delegate this task to the school administration.
2. If the school route is unreasonable for certain students due to its length, danger, or other reasons, appropriate measures must be taken to provide a remedy.
1. School authorities offer support services within the framework of the regular teaching organization, which are accessible to all students.
2. Students with special educational needs are entitled to additional support. This is implemented as a simple measure within regular instruction, particularly as special education or social-pedagogical assistance.
3. The school administration decides on the additional support. It may grant students an adjustment of learning objectives.
1. If the support measures provided by the school authority are insufficient to meet the special educational needs of a student, enhanced measures must be considered.
2. The measures are oriented towards the well-being and developmental opportunities of the students and take into account the school environment. Integrative solutions within the regular school are to be preferred over segregative measures.
3. The necessary measures are decided by the competent cantonal authority based on a standardized assessment procedure. The authority grants the cost approval.
4. Segregative measures are granted at most until the end of the school year in which the student reaches the age of 20.
1. The canton shall bear 75 percent, and the concerned school authority shall bear 25 percent of the costs of the reinforced measures.
2. The cost share for separate measures shall be invoiced to the school authority annually with a flat rate based on the average costs per student in the cantonal total expenditure.
3. Reasonable cost contributions may be collected for catering and care in day structures and residential facilities.
1. Students with special talents shall be supported as far as possible within the framework of the regular organization of instruction.
2. School authorities may, with the approval of the Department of Education and Culture, establish special talent classes. Instruction may deviate from the regular timetables, provided that the achievement of educational and instructional objectives is ensured.
3. If students with high abilities cannot be supported, or not adequately supported, in the public school system, the Department of Education and Culture may approve attendance at a school for the gifted. The canton shall cover 75 percent of the tuition fees, and the affected school authority shall cover 25 percent.
1. The canton establishes interdisciplinary services with specialists, particularly from the fields of special education, school psychology, speech therapy, psychomotor therapy, and teacher counseling.
2. The supportive services advise and assist school authorities and affected individuals in the domain of support measures.
1. Learners have the right to instruction and education according to the current state of knowledge and the applicable curriculum.
2. They are adequately involved in the decision-making processes that concern them.
1. The subject-specific and cross-subject competencies, as well as the learning development status of the learners, are assessed regularly.
2. Grades are assigned starting from the second curricular cycle.
3. The overall assessment of a learner forms the basis for the decision regarding promotion.
1. The students actively participate in the school operations. They attend classes and mandatory events and take on age-appropriate responsibility for their own learning success.
2. They behave respectfully towards other students, teachers, and other individuals working at the school.
3. The Executive Council regulates absences, leave, and exemptions from individual subjects and from classes.
1. Disciplinary issues shall be resolved by the teacher to the extent possible. If this is not feasible or if the misconduct is significant, disciplinary measures may be imposed.
2. Disciplinary measures have an educational character. They serve the educational advancement of the learners, the maintenance of an undisturbed school environment, and the protection of those involved in the school.
**1. The School Administration may implement the following measures:**
a) written reprimand;
b) temporary exclusion from classes for a maximum of four weeks;
c) transfer to another class, learning group, or learning community;
d) early dismissal in the final school year.
**2. The Municipal Council may implement the following measures:**
a) transfer to another school;
b) partial or complete expulsion from school if a serious disruption of school operations cannot be remedied otherwise.
**3. The students and their legal guardians must be heard in advance.**
1. In the case of a temporary exclusion from compulsory instruction as well as in the event of partial or complete school expulsion, the school authority shall order the necessary accompanying measures.
1. Guardians under this Act are individuals who exercise parental custody over a student either directly or on behalf of someone else.
1. The legal guardians participate when important decisions need to be made for their child. They can be required to attend school meetings and events.
2. After prior arrangement with the teacher, they may visit the classes. The school operation must not be disrupted.
1. The legal guardians are responsible for ensuring that their child complies with compulsory school attendance and attends classes.
2. They may excuse their child from attending classes for a maximum of four half-days per school year without providing a reason.
1. Parents or guardians are entitled to regular information about their child's behavior and performance in school.
2. They inform the teachers or the school administration about special events and their child's behavior outside of school, insofar as it is relevant to the school and daily school life.
1. Legal guardians who violate their duties under this law shall be warned by the school administration.
2. In the case of repeated or serious breaches of duty, the municipal council may impose a fine of up to 2,000 francs.
1. Teachers are authorized to teach if they possess a teaching diploma recognized by the Swiss Conference of Cantonal Ministers of Education (EDK), which corresponds to the instruction being given.
2. The Department of Education and Culture may authorize other persons to teach if they are sufficiently qualified for the task.
1. The Department of Education and Culture can revoke the teaching license if a teacher has repeatedly or severely violated their professional duties, if the aptitude for teaching is not or is no longer present, or if their trustworthiness is severely impaired.
2. The teaching license may be reissued if there is a significant change in circumstances.
3. School authorities aware of a potential reason for the revocation of the teaching license must promptly report this to the Department of Education and Culture.
4. The Department of Education and Culture shall inform the EDK of the revocation and reissuance of the teaching license.
1. Teachers are obligated to instruct and support learners in accordance with the objectives and stipulations of this law and the curriculum. They have the right to freely design the instruction within the framework of these objectives and stipulations.
2. The professional assignment includes the following additional main tasks
a) the preparation and follow-up of lessons as well as other work within the instructional context;
b) participation in the design, organization, and further development of the school;
c) professional training and continuing education.
1. The appointment of teachers is carried out by the municipal council. It may delegate this task entirely or partially to the school administration.
2. The appointing authority ensures that it hires teachers who meet the educational and instructional mandate of the public school.
3. It requires applicants to provide at least a special private extract from the criminal record. It may obtain information about them from the EDK.
1. The employment relationships of the teachers are governed by public law.
2. Insofar as this law does not contain any deviating provisions, the cantonal personnel law shall apply mutatis mutandis.
3. The teachers are insured with the AR Pension Fund.
1. The probationary period can be contractually waived in both fixed-term and indefinite employment relationships.
1. The Cantonal Council regulates the remuneration of teachers.
1. The net total working time amounts to 1,940 hours per school year for a full-time position.
2. The government council regulates the distribution of working time across the tasks of the professional assignment. It may provide for different distributions based on categories and functions.
1. Teachers are entitled to a reduction of the net total working time by 6.67 percent per school year upon reaching the age of 55.
2. The reduction of the net total working time is granted at the beginning of the next school year.
1. The employment contract may provide for a variable degree of employment in an indefinite employment relationship, which fluctuates within a range of no more than 10 percent of a full workload.
2. The hiring authority shall determine the degree of employment for each school year on a semester basis within the contractually agreed range.
3. The adjustment of the degree of employment and salary must be communicated to the teacher in writing no later than one month before the start of the school year.
1. Teachers may be obligated to be present during school holidays for tasks within the scope of their professional duties. The mandatory attendance shall not exceed a maximum of 10 days per school year.
1. The employment relationship may be ordinarily terminated by either party with a notice period of four months at the end of a school semester. Termination by the employing authority requires a valid reason.
2. In a fixed-term employment relationship, ordinary termination may be contractually excluded.
3. The employment relationship may be terminated by either party with immediate effect for significant reasons. A significant reason is any circumstance that makes the continuation of the employment relationship unreasonable for the terminating party.
1. Educators are obligated to pursue independent professional development and further training.
2. The Department of Education and Culture may declare the attendance at certain professional development and further training events as mandatory.
3. The Executive Council regulates the cost contribution for professional development and further training measures.
1. Teachers are entitled to a one-time paid intensive further training of three months if they have been employed for at least fifteen years in a public elementary school in the canton, with the last five years being employed by the same school authority.
2. The government council may establish a maximum age for undertaking the intensive further training.
1. The Department of Education and Culture regularly reviews the quality of public schools and reports to the school authority.
2. It sets quality standards and, in the event of significant deficiencies, takes the necessary measures in consultation with the school authority.
3. It periodically submits a comprehensive report on the quality of public schools to the government council.
**1. The Department of Education and Culture may approve pilot projects for specific schools or school sectors and may cover the costs in full or in part. The pilot projects shall be temporary and shall be evaluated.**
2. In the context of these pilot projects, deviations from statutory requirements and the curriculum are permissible, provided that the achievement of educational and learning objectives remains ensured.
3. The canton may support school development projects with contributions.
1. The following require approval from the Department of Education and Culture
a) the operation of a private school where compulsory schooling can be fulfilled;
b) the fulfillment of compulsory schooling through private instruction.
2. The approval is to be time-limited. It may be subject to conditions and requirements.
1. The operation of a private school is authorized if
a) the compulsory school-age children receive education and upbringing equivalent to that of the public primary school, and are taught the competencies according to the curriculum;
b) the compulsory school-age children are not exposed to pedagogical or ideological influences that contradict the educational and upbringing goals of the public school;
c) the teaching is conducted by a sufficient number of teachers with the required teaching qualifications;
d) the infrastructure and premises meet the requirements of school operations;
e) the school operation has qualified management and is organized appropriately;
f) the financing of the school operation is ensured.
1. Private instruction is defined as individual instruction and instruction within a group of a maximum of five learners.
2. Fulfillment of the compulsory education requirement through private instruction is approved if
a) the conditions according to Art. 55 lit. a and b are met;
b) the instruction is provided or supervised by a teacher with the required teaching authorization;
c) the social integration of the instructed learners is ensured.
1. Legal guardians are required to report to the competent municipal authority if their child fulfills the compulsory education requirement in a private school or through private instruction. They must submit the necessary documentation to the competent municipal authority to demonstrate compliance with compulsory education.
1. The Department of Education and Culture regularly reviews whether the legal requirements for private schools and private instruction are being met. It shall take appropriate measures if necessary.
2. Within the scope of its supervisory duties, it may in particular
a) conduct unannounced on-site visits;
b) review documents related to teachers, students, the school, and school operations;
c) establish reporting and notification obligations;
d) revoke the teaching authorization of teachers;
e) wholly or partially withdraw an authorization.
1. The canton may provide school cost contributions pursuant to Art. 7 to private schools if they serve the public interest and significantly alleviate the educational burdens on the community.
1. Public or private institutions specializing in special needs education for children and adolescents (special schools) require approval from the Department of Education and Culture.
2. The operation of a special school is approved when
a) the school-aged children receive appropriate education and upbringing, and the competencies according to the curriculum are imparted to them as far as possible;
b) the school-aged children are not exposed to pedagogical or ideological influences that contradict the educational and upbringing goals of the public school system;
c) the instruction is based on an appropriate special needs education concept and is delivered by a sufficient number of teachers with the required teaching qualifications;
d) the infrastructure and premises meet the needs of school operations, and the necessary equipment is available;
e) the school operation has qualified management and is organized appropriately;
f) the financing of the school operation is ensured.
3. The approval is to be time-limited. It can be associated with conditions and stipulations.
1. Special Schools are subject to the supervision of the Department of Education and Culture. Article 58 applies accordingly.
1. The canton and municipalities may provide services and support projects that promote children even before they start school.
1. Children residing in the canton, whose development is limited or at risk, or who are unlikely to follow regular school instruction without specific support, are entitled to early special education.
2. The canton bears the costs until school enrollment.
1. The municipalities provide demand-oriented day structures aligned with typical working hours, where students are supervised beyond the regular teaching hours.
2. They may operate day schools where education and supervision are integrated through pedagogical, organizational, personnel, and spatial measures.
3. The canton may contribute to the costs of day structures and day schools or manage such offerings themselves.
1. Municipalities provide measures for linguistic integration to students who are unable to follow classes in primary school due to their language skills, or can only do so inadequately. These measures last as long as necessary, but typically not longer than one year.
2. The canton may offer its own programs.
1. If students of the public elementary school attend a hospital school, the canton and the school provider shall each cover half of the teaching costs.
2. Prior to attending the hospital school, an advance cost approval from the Department of Education and Culture must be obtained. Otherwise, financial contributions may be reduced or denied.
3. The government council can recognize hospital schools and enter into agreements for their compensation. If a general commitment to pay is declared within the framework of such an agreement, the obligation to obtain prior cost approval is waived.
1. Municipalities operate music schools.
2. The canton provides annual lump-sum contributions to the music schools based on performance agreements.
3. The amount of the lump-sum contribution is determined by the number of students. It amounts to a maximum of 10 percent of the operating costs.
1. The municipalities organize school social work that meets local needs.
2. The Department of Education and Culture may issue specific recommendations regarding school social work, particularly concerning qualifications and professional understanding.
1. The Government Council supervises the implementation of this Act. It issues the necessary implementing provisions.
2. The Department of Education and Culture is responsible for the implementation of this Act, insofar as no other jurisdiction is specified.
3. The Department of Education and Culture may enter into performance agreements that, within the scope of this Act, enable access to educational and pedagogical offerings both within and outside the canton.
1. School Authorities, Teaching and Specialized Personnel of the Public Elementary School, as well as Cantonal Enforcement Agencies, shall respect the privacy of students and their relatives. The processing of personal data shall be conducted in accordance with the Cantonal Data Protection Act and the following provisions.
2. Sensitive personal data and personality profiles may be processed when and to the extent necessary for the appropriate education and care of students, particularly for the promotion of students, to assess support needs, and to assist learning success. This especially applies to data concerning health and procedures and measures in the field of child protection.
3. The canton and municipalities operate a joint database for the purpose of school administration, which provides accessing agencies with the personal data of school participants through a retrieval procedure. The Governing Council shall issue regulations concerning the content of the database, the circle of entities authorized to access it, and the modalities of data processing. The systematic use of the AHV Insurance Number (AHVN13) is permitted.
4. The Department of Education and Culture may issue school-specific recommendations on data protection. It shall consult the Data Protection Supervisory Body in advance.
1. Against decisions of the school administration, an appeal can be made to the higher educational authority of the municipality.
2. Decisions and appeal rulings of the highest educational authority of the municipality can be contested through an appeal to the Department of Education and Culture.
3. In other respects, the legal recourse and procedure shall be based on the Administrative Procedure Act.
1. Pre-existing authorizations for operating a private school and authorizations for homeschooling shall lose their validity four years after this law comes into effect.
2. The municipalities shall implement school social work in accordance with Article 68 within a period of two years from the effective date of the law.