Ordinance on the Introductory Act to the Federal Act on Vocational and Professional Education and Training (kant. BBV)

1. This regulation governs the implementation of the Introductory Law to the Federal Act on Vocational Education and Training.

2. This regulation applies accordingly to educational programs not subject to the Federal Act that are affiliated with a cantonal vocational education institution, as well as to private providers with whom a service agreement has been concluded.

1. The implementation of the provisions of vocational training legislation is the responsibility of the Office for Secondary, Higher Education and Vocational Training.

1. The Department of Education and Culture shall issue school regulations for the vocational school. These regulations shall at minimum determine

a) the organizational structure;

b) the tasks, powers, and responsibilities;

c) the organization and participation of the teaching staff;

d) the handling of absences;

e) the disciplinary measures.

2. The Department of Education and Culture shall issue framework curricula for those training programs that are not already regulated and establish the focal points within the federal guidelines.

1. The Vocational Education Commission comprises at least seven members.

2. The Vocational Education Commission consists of the Director of Education as the President, representatives from various occupational fields and interest groups, and educational professionals.

3. Representatives from the Office, the management of the cantonal vocational school, the Vocational School of Economics at the Canton School, the Secondary Level I, and the teachers' association of the cantonal vocational school participate in the meetings in an advisory capacity.

4. Both the members and the representatives with advisory capacity may submit motions.

5. The Office prepares the business of the Vocational Education Commission.

6. The Vocational Education Commission is notably responsible for

a) Providing opinions on the educational strategy and on the offerings, measures, and pilot projects in vocational and continuing education, as well as vocational, study, and career guidance;

b) Advising the Department of Education and Culture on all matters related to vocational and continuing education, as well as vocational, study, and career guidance;

c) Acknowledging the reports from the Cantonal Vocational and Continuing Education, the cantonal vocational schools and advanced schools, the examination committee, and private educational institutions with which a service agreement has been concluded.

7. The members of the Vocational Education Commission have the right, in coordination with the school management, to attend classes in bridging courses and basic vocational education.

1. Areas of Professional Engagement Include in Particular

a) Teaching and Instruction: Conducting classes; Administering assessments and final examinations.

b) Preparation and Follow-up of Instruction: Planning, preparing, and evaluating lessons, advising and evaluating students, collaborating with parents, coordinating instructional units with other educators; Administrative and organizational tasks related to assigned students.

c) Collaborative Work in School: Cooperation with other educators, school leadership, authorities, and committees; Participation in the formation and development of one's own school;

d) Continuing Education and Training: Personal professional development; Reciprocal classroom observations with discussions.

1. The teaching obligation for educators at the Vocational Training Center Herisau amounts to 25 weekly lessons of 45 minutes each.

2. Their total net working time is distributed among the professional assignment areas according to Art. 4a as follows

a) Teaching and Instruction 37.5%;

b) Lesson Preparation and Follow-up 47.5%;

c) School Community Work 10%;

d) Further Education and Training 5%.

1. The school administration may approve or mandate time-defined shifts in working hours for individual teachers between different areas of responsibility. In doing so, the suitability, abilities, and age of the teachers, as well as the interests of the school, must be appropriately considered.

2. Additional tasks can be compensated by relieving the regular workload: timetable planning tasks; area management tasks; special projects commissioned by the school administration.

1. Learners are supported in the bridging program in academic, methodological, practical life, personal, and social key competencies. Additionally, the youths are guided in career selection and assisted in the search for apprenticeships or the preparation for an exam.

2. Bridging programs can be purely academic, combined, or designed as an integration year.

3. A bridging program lasts at most an entire school year and generally cannot be repeated.

4. Bridging programs conclude with an evaluation.

1. The office is responsible for conducting the admission procedure and issuing a cost approval. It may commission third parties to carry out parts of the admission procedure or to develop decision-making bases.

2. School leavers from Secondary Level I without a training place will be admitted to a bridging offer, and a corresponding cost approval will be granted if they can demonstrate that they have made reasonable efforts to secure an apprenticeship or admission to a further education school, and it is evident that they possess the learning readiness and motivation necessary for a year-round bridging offer. Admission to a specific bridging offer or the granting of cost approval is based on the submitted documents and interviews with the individuals concerned.

1. Students who violate the school regulations or whose behavior significantly disrupts the regular school operations or internship placements, and who have previously received an unsuccessful written warning, may be prematurely dismissed from a bridging program by the administration.

2. The Department of Education and Culture, the guardians, and the students must be heard before an exclusion.

1. The Office establishes the framework conditions for quality assurance and development in the area of bridge programs, vocational basic education for schools, training companies, inter-company courses, and courses for vocational educators, and supervises these.

1. The office is responsible for organizing and conducting mandatory training courses for vocational trainers in professional practice. It may delegate the management of the training programs to third parties.

2. If necessary, mandatory, occupation-specific continuing education courses and instructors' conferences can be conducted in cooperation with labor market organizations, especially in the event of changes to educational regulations and education plans.

3. The office may offer voluntary continuing education courses.

4. The office decides on requests for full or partial exemption from attending courses.

1. The office decides, upon written request from the learner or the trainer, on individual reductions of educational programs as well as exemptions from parts of the qualification procedure in vocational basic education and in further education.

2. The school administration can exempt learners from attending classes in certain subjects, provided that proof of the acquisition of the corresponding competencies is provided.

1. The assignment of apprentices to vocational schools outside the canton is generally based on the professions.

2. Apprentices attend classes at the designated vocational school. Exceptions are decided by the office upon written request.

3. Attendance at full-time vocational education programs requires a permit from the office.

1. The cantonal vocational school and the cantonal secondary school may offer programs for the Federal Vocational Baccalaureate. The Federal Vocational Baccalaureate can be obtained alongside employment or through full-time education.

2. A standardized admission examination is conducted for entry into the cantonal offers of the Federal Vocational Baccalaureate. The office may admit students without an entrance examination if they have successfully completed another admission procedure of at least equivalent standards. Furthermore, the ordinance on secondary and higher education applies mutatis mutandis regarding the admission procedure.

3. The competent office coordinates the offering with neighboring cantons and the Principality of Liechtenstein.

1. Learners who have successfully passed the final examination shall receive the Vocational Baccalaureate Certificate, provided they have also passed the qualification process for the Federal Vocational Certificate.

2. Graduates of the Vocational School of Economics at the Cantonal High School shall receive the Vocational Baccalaureate Certificate upon passing the Commercial Diploma, completing a one-year commercial internship, and passing the Vocational Baccalaureate Examination.

1. The office shall decide, upon the application of the learner, regarding expert individual guidance. The decision may be issued with conditions and requirements.

2. Appropriately trained professionals are to be employed for the guidance.

3. The guidance encompasses all learning locations and also the environment of the learners, insofar as it relates to the education.

1. The coordination of general further education is ensured by the office. Coordination may also include measures for quality assurance.

1. The office coordinates between the individuals and organizations involved in vocational basic education.

2. The office is available to provide free counseling to learners, providers of education in professional practice, and inter-company courses as needed, within the scope of its abilities.

3. In the event of disputes between the parties to an apprenticeship contract, the responsible office may conduct mediation at the request of one or more parties. The office has no decision-making authority in this procedure.

1. Supervision primarily falls under the responsibility of the competent authority. If necessary, external expert advisors may be consulted.

2. Supervision is carried out in particular through

a) Site visits by training advisors and expert advisors;

b) The initiation and monitoring of quality assurance measures in vocational schools, businesses, and inter-company courses;

c) The ordering of interim examinations;

d) The evaluation of assessments in basic vocational education and qualification procedures.

3. Providers of educational practice are obliged to provide the authority with the required information, allow access to training-relevant documents, and permit access to the learning locations for employees of the authority upon prior notification.

1. The office shall, upon written request, review the operational and personnel prerequisites for the training of apprentices and issue a written educational permit.

2. The educational permit may be subject to additional conditions and requirements to ensure the training. It may be granted for a limited period.

1. The authority may order an interim examination, in particular

a) in the case of the first apprenticeship in a company;

b) when training deficiencies are identified that jeopardize the success of basic professional training;

c) in justified cases, upon request of a contracting party.

2. The costs shall be borne by the party requesting the conduct of an interim examination.

1. The authority may refuse or revoke the educational permit if the education in practical training is inadequate, or if the trainers do not possess the necessary professional and personal qualifications, breach their duties, or if operational or other legal prerequisites are not met.

2. In the case of training networks, the revocation of the educational permit may be limited to individual training companies. The authority supports the remaining training companies in the network in continuing the education in practical training.

3. The revocation of an educational permit results in the termination of apprenticeship contracts with the respective learning location. The authority assists the affected apprentices in finding a subsequent solution.

1. The Office maintains a data collection. This contains at least data about the training companies and their vocational trainers, the training contracts, the reason and time of any contract terminations, as well as the results of qualification procedures.

1. Apprenticeship contracts for vocational basic education, cantonal pre-apprenticeships, and internship contracts exceeding a certain duration must be submitted for approval using the official forms.

2. Amendments to these contracts must be approved by the office, particularly

a) the change of the responsible vocational trainer;

b) the change of the apprenticeship occupation within the training company;

c) the extension or reduction of the apprenticeship period;

d) the extension of the probationary period.

1. The location of the intercompany courses for apprentices is determined by the industry organizations in consultation with the office.

1. The coordination of qualification procedures is carried out by the Office. It collaborates with labor organizations and other cantons in this process.

1. The Executive Council shall appoint a commission with at least seven members. Organizations from the world of work, vocational schools, and the office are adequately represented in this commission. The Executive Council shall appoint the president.

2. The commission is responsible for the qualification procedures conducted in the canton. The duties of the commission include, in particular

a) oversight of the qualification procedures conducted in the canton;

b) the selection of examination experts;

c) providing statements on examination appeals;

d) ensuring the training and further education of the expert panel;

e) annual reporting to the office about the process and results of the qualification procedures;

f) drafting examination regulations.

3. The chief experts of the professions examined in the canton participate in the meetings of the examination commission in an advisory capacity.

1. The Examination Authority is vested with the Office.

2. The responsibilities of the Examination Authority include, in particular

a) the supervision and enforcement of legal provisions and the orders and instructions of the Examination Commission;

b) the coordination of qualification procedures assigned by other cantons;

c) the administration and accounting related to qualification procedures;

d) the exchange of data with the Confederation and other cantons in connection with qualification procedures;

e) the implementation of procedures for the recognition and validation of informally acquired education in collaboration with other cantons and labor market organizations;

f) the coordination of expert training.

1. Individuals without an apprenticeship contract who wish to take the final examination pursuant to Article 32 of the Vocational Training Ordinance must register in writing with the competent authority.

2. The competent authority decides on the admission.

1. Private Providers of Vocational Education must make available premises and facilities for qualification procedures against appropriate compensation.

1. The Office regulates the implementation of other recognized qualification procedures according to federal law.

1. The office may exempt learners, upon written request, from qualification procedures in certain subjects if equivalent prior education in these subjects is demonstrated.

2. Justifiable hindrances in qualification procedures or parts thereof particularly include illness, accident, or a death in the family. The exam administration makes the decision.

3. Candidates are obliged to inform the exam administration immediately in the event of hindrance. The reason for the hindrance must be disclosed. In cases of illness, a medical certificate must be provided.

4. The office may order special re-examinations in the event of a justified absence. In cases of unjustified absence, the examination is considered to have been taken.

1. In the event of a violation of examination regulations or instructions from the examination bodies, the following measures, in particular, may be taken

a) Ordering the complete or partial repetition of the qualification procedure;

b) Revocation of a previously issued certificate of competence, attestation, or identification card in the event of a subsequent determination of a violation.

2. Ownership of examination papers generally passes to the person who has covered the material costs after the expiration of the appeal period.

3. The examined parties, their legal or authorized representatives, and the training companies have the right to inspect all examination documents. Inspection is granted only after the examination decision has been announced.

1. Career, Academic, and Professional Pathway Counseling provides information and advice to youths, adults, and third parties involved in the process regarding the choice of career, education, studies, professional pathways, and further training.

2. The Career, Academic, and Professional Pathway Counseling has the following specific responsibilities

a) Supporting teachers at the secondary levels I and II in preparing students for career and academic choices;

b) Assisting youths and adults in compiling educational achievements and competency evidence;

c) Collaborating with training companies and labor organizations;

d) Coordinating service offerings with measures from labor market authorities and other institutions in the field of professional integration;

e) Managing a Career Information Center (BIZ).

1. The amount of the flat-rate contributions for inter-company courses is determined based on the number of course hours prescribed and actually conducted according to the respective federal educational ordinance and pursuant to the relevant inter-cantonal agreements.

2. The flat rates are based on the actual expenditure and may vary in amount depending on the profession.

3. The office may, in individual cases and for important reasons, approve temporarily higher flat rates.

1. The canton covers the tuition fees for courses for vocational trainers in apprenticeships that are ordered or approved by the office.

1. The amount of contributions to private services for preparation for federal professional examinations and higher professional examinations, as well as to schools of higher vocational education under private sponsorship, is determined in accordance with the relevant inter-cantonal agreements.

1. If a contribution is disbursed in advance, the service provider shall submit an accounting to the office after the service has been rendered.

2. Contributions received in excess must be reimbursed or offset against the next contribution payment.

1. The cost approval of the canton according to Article 30, Paragraph 1 of the law (90%) shall not exceed 15,300 Swiss francs.

2. Providers of bridging offers invoice the cantonal cost share in the amount of the cost approval directly to the office.

1. Applications for contributions to general continuing education programs must be submitted in writing to the office by the providers.

2. The executive council decides based on the application from the office.

1. In addition to the disciplinary measures mentioned in the Vocational Education Act, the following further potential disciplinary measures are

a) additional work;

b) expulsion from a class by the teacher;

c) written reprimand;

d) warning of expulsion from school in case of repeated misconduct.

2. The Department of Education and Culture shall issue a disciplinary code for the vocational school.

1. The regulation shall enter into force on January 1, 2008.