Introductory Act to the Federal Act on Vocational Professional Education and Training - Scope (EGZUMBBG)

1. This law regulates the execution of federal legislation on vocational education, higher vocational education, career, study, and career counseling, as well as general continuing education.

1. The purpose is to ensure a high-performing and high-quality education and counseling offering, which promotes equal opportunities regarding a fair distribution of access to education as well as the actual equality of women and men. This offering is oriented towards the needs of learners, the workforce, and society.

1. The Canton operates a vocational school and provides career, study, and occupational counseling. The Executive Council determines the range of services.

2. The Canton may operate the following educational offerings by decision of the Executive Council

a) Vocational School for Economics with Federal Vocational Baccalaureate;

b) Bridging Courses;

c) Preparatory Courses for the Federal Professional Examination;

d) Offers for vocational and general continuing education.

3. The Canton may operate schools of higher vocational education or participate in such schools.

1. Educational and advisory services pursuant to this law may be provided by private providers.

2. Unless otherwise specified in this law, the canton may allow private providers to conduct educational and advisory services pursuant to this law. For this purpose, the governing council enters into performance agreements. These agreements shall regulate at least

a) The educational offering;

b) Compliance with the quality standards established by the federal government;

c) The involvement of private providers in qualification procedures;

d) The type and scope of services;

e) Supervision by the canton.

1. The content of the professional duties for instructors at vocational schools is governed by the provisions of the Law on Intermediate and Higher Education.

2. The net total working time is determined by personnel legislation.

1. The Executive Council enacts the implementing provisions necessary for the execution of this law. It exercises supreme supervision.

1. The Department exercises supervision.

2. Unless otherwise provided by law and regulation, the Department of Education and Culture ensures

a) the execution of this law;

b) the supervision of vocational education and training;

c) the supervision of the vocational school;

d) the fulfillment of the other tasks and competencies that the Vocational Education and Training Act assigns to the canton.

1. The Executive Council appoints an examination commission, which oversees the examinations of vocational training and vocational academic education. It regulates the composition and responsibilities, as well as other details.

1. The school management consists of the principal and other members of the school administration.

2. The school management is responsible for the educational, personnel, financial, and administrative management of the school as well as quality assurance.

3. The principal represents the vocational school externally.

1. Bridge programs prepare young people with individual educational deficits and educational needs, who have not found a training position at the end of secondary level I, for entry into vocational training.

2. The canton may operate bridge programs.

3. The Department of Education and Culture may recognize bridge programs that are not operated by the canton itself. The Department of Education and Culture maintains a corresponding list.

4. Financial coverage is provided when the young people meet the personal and material prerequisites and successfully complete the admission procedure. The government council regulates the organization, the admission procedure, the requirements for teaching staff, as well as other details.

1. Basic vocational education is acquired in professional practice, at vocational schools, in inter-company courses, or in other institutions recognized for this purpose.

2. In occupational fields where no certificate education is offered, the canton may approve cantonal education programs.

1. If a vocational education and training program or vocational baccalaureate is not offered in the canton, the Department of Education and Culture approves attendance at such a program outside the canton.

1. The canton guarantees vocational baccalaureate education.

2. The Department of Education and Culture issues the federal vocational baccalaureate certificate.

1. The canton ensures access to schools for higher vocational education as well as to courses that prepare for professional and advanced professional examinations.

1. The regulations of the Act on Intermediate and Higher Education (6) apply mutatis mutandis to the recognition of advanced vocational education programs.

1. If educational success in vocational basic training is at risk, the Department of Education and Culture decides, after hearing from the learner and the education provider, on the implementation of expert individual support.

1. The canton promotes general continuing education through coordination.

2. It may conduct its own continuing education programs.

1. The Department of Education and Culture supervises and oversees education in professional practice at the providers.

2. It may involve specialists or other third parties.

1. The training establishments require an educational approval from the Department of Education and Culture.

2. The approval is granted if the personnel and operational conditions for a proper training are met. It can be subject to conditions and stipulations. The government council regulates the details.

3. The approval is revoked if the conditions for granting it no longer exist.

4. The Department of Education and Culture maintains a register of the training establishments. This register can be made available to third parties for vocational training purposes.

1. Insofar as necessary for fulfilling educational mandates, the competent bodies of the vocational school, the commercial vocational school, bridge programs, inter-company courses, as well as teaching and internship enterprises, are entitled to mutually exchange information regarding the academic performance and conduct of the learners.

1. The Executive Council may, after consulting the relevant organizations and institutions, take measures to preserve and create training positions in professional practice if an imbalance appears in the market for vocational education and training.

1. Organizations in the world of work offer inter-company courses. They are particularly supported financially by the canton in this task.

1. The vocational school conducts the academic portion of the qualification procedures for its students.

2. The Department of Education and Culture coordinates the qualification procedures. It conducts the procedures for the recognition and validation of non-formally acquired education.

3. The government council may delegate the execution of qualification procedures to organizations in the labor sector.

4. The government council regulates the organization and execution of the qualification procedures.

1. The Department of Education and Culture issues the federal certificate of competence, the federal vocational certificate, and cantonal certificates.

1. The career, study, and career path counseling provides information about educational opportunities and ensures advice in the preparation, selection, and design of professional careers.

1. The Department of Education and Culture coordinates the vocational education and career counseling offerings of the canton with the offerings of other cantons.

2. Unless otherwise specified by this law, the canton may jointly provide educational and advisory services under this law with other cantons or allow them to be fully provided by another canton.

1. The Government Council may conclude agreements with other cantons concerning vocational education and training.

1. The canton shall bear the costs for the services provided under this law after deducting revenues, contributions from the federal government, and contributions from other cost bearers, unless otherwise stipulated below.

2. The canton shall cover the school fees for attending an out-of-canton vocational school if the location of the training establishment is in the canton.

1. When third parties provide services under this law, the contributions are determined by the service agreements, the intercantonal agreements, and the costs incurred from the proper and efficient execution of the service. Contributions are generally provided in the form of lump sums.

2. Providers of education in professional practice bear the costs that remain after deducting federal and cantonal contributions.

3. If there is no intercantonal agreement or service agreement with third parties providing services under this law, the canton may provide contributions. This particularly applies to

a) Services that meet a proven need and align with the interests of the canton and are not managed by the canton;

b) Cantonal contributions to the costs of inter-company courses and comparable third learning locations.

4. The contributions are approved by the Government Council.

1. Unless federal law and inter-cantonal agreements provide for fee exemptions, fees and tuition may in particular be charged for the following offerings

a) Offerings to prepare for basic vocational education;

b) Offerings outside of basic vocational education;

c) Offerings and examinations of higher vocational education, professional continuing education, and adult education;

d) Admission, recognition, authorization, and qualification procedures, as well as procedures to determine the equivalence of non-formalized education, issuing of certificates and diplomas, and for legal remedy procedures.

2. The costs for personal educational materials as well as excursions, study weeks, and other school-related events shall be borne by the learners or the legal representatives.

3. For qualification procedures in basic vocational education, providers in professional practice may be billed for material costs and room rental.

4. For absences, withdrawals, and repetitions of qualification procedures, the resulting expenses may be charged to the learners in whole or in part up to a maximum of CHF 1,000.

5. Exceptions in cases of hardship shall be decided by the Department of Education and Culture upon written request.

1. The canton grants a financial guarantee covering 90% of the tuition fees, provided that the admission process has been successfully completed.

2. In cases of hardship, the Department of Education and Culture may, upon written request, fully or partially assume the tuition fee portion of the legal guardians.

1. The Basic Offer of Career, Study, and Career Path Counseling is Free of Charge for the Following Individuals

a) Students of Secondary Levels I and II;

b) Individuals Without an Educational Qualification;

c) Persons Throughout the Entire Duration of Their Initial Education.

2. For All Other Individuals, Fees Ranging from CHF 50 to 200 Per Counseling Hour May Be Charged. The Governing Council May Adjust the Amount of the Fees to Changed Conditions.

1. The general continuing education offered by the canton is, in principle, carried out on a cost-covering basis and shown separately.

2. By resolution of the cantonal government, the general continuing education offered by the canton may partially or entirely deviate from cost coverage if it serves a public interest and is specifically conducted

a) for disadvantaged population groups;

b) for individuals affected by profound economic or technological changes;

c) to support organizations in development and quality promotion.

3. Under the conditions mentioned in paragraph 2, the canton may financially support continuing education programs run by third parties.

4. The cantonal government regulates the details in the ordinance.

1. The canton may, within the scope of its financial competencies, provide construction contributions for buildings related to vocational education and training and higher vocational education, insofar as the construction costs are not covered by other contributions. A contribution is contingent upon the condition that the building is used appropriately for at least 25 years.

2. A contribution shall amount to a maximum of 60 percent of the costs.

1. The Government Council may approve contributions for innovative projects aimed at developing and promoting vocational and continuing education as well as career, study, and career counseling.

1. Orders issued pursuant to this law may be contested in accordance with the provisions of the Administrative Procedure Act.

1. The government council shall issue a disciplinary code for the vocational school. It may delegate this authority to the Department of Education and Culture.

2. For violations of the disciplinary code, the following disciplinary measures, among others, may be imposed

a) Disciplinary fines up to CHF 1,000 by the school administration;

b) Expulsion from the school by the school administration;

c) In the case of serious violations, revocation of the approval of the apprenticeship contract by the Department of Education and Culture.

1. If an authority imposes a penalty based on the Federal Act on Vocational Education and Training, it shall report the facts of the case, the amount of the imposed fine, and any possible measures to the Department of Education and Culture. The Department of Education and Culture is authorized to use the judgments for supervisory purposes.

1. The following enactments are amended as follows

a) Law of 24 September 2000 on School and Education;

b) Law of 7 June 1998 on Agriculture;

c) Ordinance of 26 March 2001 relating to the Law on School and Education.

1. The following enactments are hereby repealed

a) Law of 26 April 1987 on the Introduction of the Federal Act of 19 April 1978 on Vocational Education and Training[16];

b) Ordinance of 13 June 1988 on the Introductory Law of 26 April 1987 to the Federal Act on Vocational Education and Training[17];

c) Ordinance of 29 March 1976 on the Duties of Vocational Counselors[18];

d) Ordinance of 25 May 1993 on the Final Apprenticeship Examinations[19];

e) Ordinance of 11 July 1995 on Agricultural Vocational Education and Training[20].

1. If this law does not come into effect at the start of a school year, the canton will assume the full proportional costs for the ongoing bridging offers.

1. This law is subject to the optional referendum.

2. The government council determines the commencement.