Ordinance on Secondary Schools and Higher Education Institutions (MHV) (MHV)

1. The academic programs of grammar schools meet the requirements of the Federal Council's ordinance on the recognition of grammar school maturity certificates.

2. The professional middle school education programs meet the requirements of the regulations on the recognition of diplomas from professional middle schools of the Swiss Conference of Cantonal Ministers of Education (EDK).

3. The educational programs of the vocational school for economics comply with the vocational training legislation.

1. Unless otherwise provided by superior law, the competent department shall manage the secondary and higher education system and exercise supervision, particularly over the educational institutions.

1. The competent authority enforces the legislation concerning secondary and higher education, insofar as no other jurisdiction is specified. It particularly ensures reporting and controlling, establishes the framework conditions for the assurance and development of the school quality of the cantonal secondary school, and assesses the demand for services and offerings.

1. The recognition of educational programs at private secondary schools requires a written application. The application must be accompanied by the documents necessary for verifying the statutory requirements.

2. If the statutory requirements are temporarily not fulfilled, measures can be ordered to restore them. If the statutory requirements are permanently not fulfilled, the recognition will be revoked.

1. The Executive Council determines or revokes, on a case-by-case basis, any additional services exceeding the statutory service offerings and their cost coverage levels, while considering the services to be offered free of charge.

1. The cantonal secondary school addresses any defects in furniture within the framework of the global budget. The school management communicates defects and new needs concerning facilities and premises to the organizational unit responsible for real estate.

2. If third parties use the school's premises and facilities, they enter into a written agreement with the school management. This agreement governs at least the fees, the duration of use, and any possible conditions.

3. The competent department issues house rules. It may delegate this authority to the school management.

1. A department comprises all teachers and students of an educational program.

2. The secondary school departments are led by vice-principals, who are appointed by the principal.

1. Members of the school administration are the Principal and the Vice Principals. The Principal may appoint additional members.

2. The school administration consists of no more than seven members.

3. The school administration is presided over by the Principal. Decisions are made based on the majority principle; in the event of a tie, the Principal has the casting vote.

1. In addition to the tasks and competencies expressly mentioned in the legislation, the school administration is particularly responsible for

a) issuing decisions concerning teachers or students;

b) the development and assurance of quality;

c) the development and preparation of necessary plans for the school within the framework of strategic guidelines.

1. The cantonal secondary school systematically develops and ensures the quality of its services.

2. For this purpose, the school administration issues a concept. At a minimum, the school conference, the secondary school commission, and the responsible department must be consulted in advance.

1. Tasks and Competencies of School Administration can be delegated to employees, as well as to internal school organizational units or committees, through the school regulations or a job description. The authority to issue decisions and make regulations cannot be delegated.

1. The school conference is convened by the school administration at least once per semester. Furthermore, one third of its members can request a meeting at any time.

2. The school administration invites to meetings in a timely manner, announcing the agenda.

3. Teachers and members of the school administration are generally obliged to attend the school conference. The following applies to exemptions

a) In cases of minor concern, the headmaster or headmistress can generally exempt a number of conference members from the obligation to attend.

b) In individual cases, the headmaster or headmistress can, upon request, excuse conference members from attending individual conferences for important reasons.

4. For other staff members of the cantonal secondary school, participation in the school conference is voluntary.

5. The school conference can grant associations of learners a seat with an advisory vote upon written request. The statutes of the association must be attached to the request. Admission can only be refused for important reasons. The school conference communicates its decision in writing.

6. The school administration can exclude associations of learners from individual agenda items or entire meetings for important reasons.

**1. The school administration may decide that classes are canceled for up to six half-days per year, particularly for:**

a) Events of regional or national significance;

b) Bridge days;

c) Professional development of teachers and events for school and quality development.

**2. The relevant department may also decide that classes are canceled for up to four half-days per year if teacher organizations conduct professional development activities.**

**3. Teachers may be required to be present by the school administration in cases pursuant to paragraph 1, and by the relevant department in cases pursuant to paragraph 2.**

**4. Subject to paragraphs 1 and 2, professional development and events for school and quality development take place during non-teaching hours. With regards to the attendance requirement for teachers, Article 31 applies.**

1. In the event of the absence of teachers, class cancellations or school disruptions are to be avoided whenever possible.

2. If an absence is of short duration, the timetable should be temporarily adjusted if possible, or the affected students should be occupied by other present teachers. In cases of longer absences, the school administration generally arranges for a substitute teacher.

3. The remuneration for engagements and substitutions according to paragraph 2 is governed by the guidelines on the compensation of substitutes and special tasks at cantonal schools.

1. Scope and Content of the Entrance Examination are determined by a working group in which three representatives from secondary schools and three representatives from cantonal schools participate. The members are appointed by the competent department and each have one vote. A representation is possible.

2. A representative of the competent department chairs the working group with an advisory vote. Additional experts may be called in with an advisory vote.

1. The decision regarding admission is based on the entrance examination taken at a cantonal school and the assessment by the previously attended school. Additional evidence of the candidates' performance may be considered, especially results from comparative tests.

2. In justified cases, admission may be granted based on a completed out-of-canton entrance examination. Such admission is excluded if the candidate has also taken and failed an entrance examination for the cantonal secondary school in the same academic year.

3. The principal makes the admission decisions and communicates these to the holders of parental authority or the candidates of legal age.

1. Regarding the admission of students with a legal residence for scholarship purposes outside the canton of Appenzell Ausserrhoden, Article 18 applies mutatis mutandis.

2. Before the admission decision, the competent authority clarifies whether there is an obligation to bear costs based on an agreement.

1. The early voluntary withdrawal is to be communicated to the school administration in writing. Upon request, the administration shall provide written confirmation of school attendance, indicating at least the duration of the completed education and the classes attended.

1. Transfer from another secondary school occurs without an entrance examination, provided that the candidate's performance is deemed satisfactory and their conduct is assessed as at least satisfactory by the teachers of the last school attended.

2. In all other cases, the transfer requires passing a special admission procedure.

3. Candidates may be denied transfer if they left another school due to a pending expulsion.

4. The principal makes the decision and communicates it to the holders of parental authority or to the candidate.

1. Students' performance is assessed with grades ranging from 6 to 1 in mandatory courses, elective courses, and final examinations. Grades from 6 to 4 indicate satisfactory performance, while grades below 4 indicate unsatisfactory performance.

2. The report card includes performance grades, which are rounded to the nearest half grade. Additionally, an evaluation of work, learning, and social behavior may be included.

3. Upon promotion, students are assigned to the next higher class.

4. Educational programs are concluded with final examinations, which can be conducted in written form, oral form, or a combination of both.

5. Successful completion of the training and promotion requires satisfactory performance. An average of several components may be calculated. Appropriate weighting is possible. The average value is rounded to the nearest half grade.

6. The principal or headmaster makes decisions regarding promotion and completion of the training, and communicates these decisions.

1. The school administration may declare attendance at events outside of the regular schedule as mandatory.

1. Important reasons for an exemption from classes or mandatory events include, in particular, illness or accident, the promotion of special skills or talents, and commendable voluntary activities for the benefit of others.

2. In cases of absence due to illness or accident, a medical certificate may be required, while for absences due to other reasons, relevant documentation may be requested.

1. Enrollment and deregistration for the attendance of elective subjects must be submitted in writing. For minor students, a holder of parental authority must sign, while adult students sign themselves.

2. Students can generally only withdraw from an elective subject at the end of a semester. Exceptions require a written application and adequate substantive justification.

3. In cases of inadequate performance or violations according to Art. 36 or Art. 37, the school administration may exclude students from attending the elective subject upon the request of the subject teacher.

1. Guest students who meet the requirements of an educational program typically attend at least the compulsory lessons during their stay.

2. Exceptionally, guest students who do not meet the requirements of an educational program may be admitted to individual subjects or specific elements of such a program.

3. The principal or headmaster makes the admission decision and communicates this decision to the holders of parental authority and/or to the candidate. Upon request, a certificate regarding school attendance and accomplishments achieved during the stay will be issued at the conclusion of the stay.

1. As long as spatial capacity allows, associations of learners have the right to appropriate and free use of the school's infrastructure.

2. The participatory rights of learners similarly apply to the associations of learners.

1. The Professional Assignment Areas include, in particular

a) Teaching and Instruction: Conducting lessons; conducting learning assessments and final examinations.

b) Preparation and Follow-up of Lessons: Planning, preparation, and evaluation of lessons, advising and assessing learners, collaboration with the guardians of minor learners, coordination of lesson units with other teachers; administrative and organizational tasks related to the assigned learners.

c) Collaborative Work within the School: Collaboration with other teachers, school management, authorities, and committees; involvement in the design and development of one's own school.

d) Continuing Education and Training: Personal development; mutual lesson observations with discussions.

1. The Net Total Working Hours are distributed as follows across professional assignment areas

a) For teachers of Secondary Level II at the cantonal middle school with 23 weekly lessons (all teachers except Physical Education, Artistic Design, Music, and Instrumental Instruction) of 45 minutes each

1. Teaching and Instruction 34.5%;

2. Preparation and Follow-up of Lessons 45.5%;

3. School Community Work 15%;

4. Continuing Education and Training 5%.

b) For teachers of Secondary Level II with 25 weekly lessons in the fields of Physical Education, Artistic Design, and Music Instruction of 45 minutes each

1. Teaching and Instruction 37.5%;

2. Preparation and Follow-up of Lessons 47.5%;

3. School Community Work 10.0%;

4. Continuing Education and Training 5%.

c) For teachers of Secondary Level II with 29 weekly lessons of Instrumental Instruction of 45 minutes each

1. Teaching and Instruction 43.5%;

2. Preparation and Follow-up of Lessons 41.5%;

3. School Community Work 10.0%;

4. Continuing Education and Training 5%.

2. The school administration can order time tracking for individual teachers.

1. The school administration may approve or mandate temporally defined shifts in working hours for individual teachers between the various areas of responsibility. In doing so, the qualifications, skills, and age of the teachers, as well as the interests of the school, must be appropriately considered.

2. Additional duties can be compensated by a reduction in the regular workload: timetabling tasks; management duties in specific areas; special projects commissioned by the school administration.

1. The school administration may require teachers to be present for work areas outside of teaching

a) during teaching weeks for an average of no more than five hours per week;

b) during non-teaching periods for no more than ten days per year. This obligation to be present must be discussed and communicated with the teachers at the beginning of the school year.

2. The school administration may reasonably reduce the presence obligation for teachers with part-time positions.

1. For collaboration with guardians of minor learners, the school is fundamentally responsible for

a) the teacher for subject-specific questions;

b) the school administration in cases where the law or regulation assigns corresponding responsibilities to it;

c) the class teacher in all other cases.

1. Adult learners undertake the declarations and legal actions concerning them in relation to the school. Information and orders from the school are communicated to them directly.

2. Information from the school to the parents of adult learners requires appropriate authorization from the learner. Learners generally communicate the authorization to the school administration in writing. The administration subsequently informs at least the class teacher and other teachers of the respective learner.

1. The competent department determines the timing of the instructional weeks and the non-instructional weeks.

1. Learners are obligated to comply with the directives of the school administration, the teachers, and the other staff members of the cantonal secondary school.

1. Violations for which teachers and school management can take measures without a formal order include, in particular

a) Disregard of directives;

b) Disregard of duty of civility;

c) Disruption of lessons;

d) Violations of the regulations regarding school attendance and absenteeism;

e) Violations of the school rules and house regulations;

f) Violations of agreements and provisions concerning school-related or extracurricular events.

1. Serious Violations for which the School Administration may Impose Disciplinary Measures include, in particular

a) significant disruption of school operations;

b) significant neglect of duties;

c) significant violation of the personal rights of other individuals involved in school operations;

d) commission of a criminal offense as defined by criminal law that is incompatible with membership in a secondary school.

2. Disciplinary measures concerning minor students shall be communicated both to the students themselves and to the holders of parental authority.

1. The competent department determines the willingness to pay for recognized out-of-canton educational offerings within the framework of the Regional School Agreement.

2. To the extent that a willingness to pay has been declared, this is considered an allocation within the meaning of Art. 35 para. 1 lit. b of the MHG.

1. Criteria for Assessing the Reasonableness of the School Commute include the length, the time required, and the means of accomplishing it.

2. A situation is generally considered unreasonable if

a) the journey with public transportation from the nearest stop at the place of residence to the one at the cantonal high school takes more than 60 minutes for the start of classes, while the out-of-canton high school can be reached in less than 40 minutes, or

b) learners have to leave their residence more than 90 minutes before the start of classes to reach the cantonal high school on time using public transport, whereas the out-of-canton school can be reached in less than 60 minutes.

3. If a situation is deemed unreasonable, the competent office shall assign affected learners to an out-of-canton high school upon written request. The decision is subject to the approval of the competent authorities of the out-of-canton school.

4. If transportation links worsen during ongoing training, paragraph 3 applies accordingly. The condition is that the remaining high school education covers three or more semesters.

5. If transportation links improve during ongoing training, affected learners may continue attending the out-of-canton school to which they were assigned until the completion of their education.

1. The competent authority ensures, through appropriate allocation to out-of-canton secondary schools, balanced inventories and adequate spatial utilization in accordance with Art. 35 para. 2 MHG.

1. On the Assignment to an Out-of-Canton School Due to the Relocation of Students' Residence to Appenzell Ausserrhoden During Ongoing Education, the Competent Authority Shall Decide.

1. The students or the holders of parental responsibility shall generally bear the full costs for

a) special school activities such as school camps, language stays, special weeks or excursions, and

b) the personally required teaching materials and school supplies.

1. Reasonable fees shall be charged to the students or the holders of parental responsibility for

a) voluntary instrumental instruction;

b) attendance of elective courses;

c) catering for students.

1. In the absence of an agreement, the school fees are determined according to the rates of the Regional School Agreement.

2. If learners from Ausserrhoden move their residence to another canton during ongoing training, they may complete the remainder of their education at the cantonal secondary school, provided that at least half of the training has been completed. If no other municipality is liable for payment, attendance at the school is free of charge.

1. Applications in cases of hardship pursuant to Article 37, paragraphs 3 and 4 of the MHG must be submitted in writing, including the documents necessary for the assessment.

1. Insofar as superior law and this regulation do not stipulate otherwise, fees that generally cover costs shall be charged for the additional services of the cantonal secondary school.

1. The school administration issues a fee regulation. This regulation is approved by the relevant department.

2. The school administration may delegate the authority for invoicing to staff members.

1. Tuition Contributions for Attending an Out-of-Canton University are Collected by the Competent Office.

1. The competent department shall issue a school regulation that includes further provisions on the organization, the school operations, as well as the rights and obligations of those involved in the school operations, particularly regarding the admission process, performance assessment, promotion, completion of training, and exemption. It may delegate the competence to the school management.

2. Insofar as the school regulation establishes the rights and obligations of learners, these primarily refer to the learners of the secondary school departments. If additional departments are operated, the rights and obligations apply accordingly to these learners, provided no differing regulations exist.

1. The authority to issue school curricula and approve the specialized subjects offered in the academic tracks of secondary education is delegated to the competent department.

1. Termination Due to Serious Breach of Duty or Lack of Suitability for the Teaching Profession Must Be Reported to the Competent Department.

1. Educators who were remunerated according to career level 20 in the year 2014 will be remunerated at career level 21 as of 1.1.2015, irrespective of their age and total number of career years, provided the criteria are met.

2. Students who were admitted or assigned to an out-of-canton secondary school before the enactment of this regulation can complete the remainder of the respective education at this school free of charge, even if the criteria for attending out-of-canton schools under this regulation are no longer met.