Act on Education Grants (Stipendiengesetz) - Principle
Table of Provisions (27)
Statutory Text (27 Articles)
1. The canton grants educational contributions in the form of scholarships and loans if the financial circumstances of the person in education, their parents, or other legally obligated parties are insufficient.
1. Educational grants are intended to facilitate access to education, promote equal opportunities, and support subsistence during training.
2. When granting educational grants, the free choice of training and training institutions shall be ensured.
1. Scholarships are one-time or recurring financial grants provided for education, which generally do not need to be repaid.
2. Loans are one-time or recurring financial grants provided for education, which generally need to be repaid with interest.
1. Entitlement to Educational Grants is granted to anyone who
a) belongs to the eligible persons under the inter-cantonal agreement for the harmonization of educational grants and has a residence for scholarship purposes in the canton,
b) is undergoing eligible training within the meaning of this law, and
c) demonstrates financial need.
1. Educational grants are provided for first and second educations that lead to a recognized qualification at the following levels of education
a) Secondary level II (bridging programs, vocational education and training, and secondary schools) as well as bridging courses;
b) Universities;
c) Higher professional education.
2. The granting of educational grants requires that the admission or promotion conditions are met.
3. No educational grants are awarded for education undertaken after a second education, nor for further education.
4. Education abroad is eligible for grants if it is equivalent to corresponding education in Switzerland.
5. If the freely chosen education is not the most cost-effective, educational grants may be appropriately reduced. In doing so, at least those attributable personal costs that would also arise in the most cost-effective solution must be taken into account.
1. Initial Education encompasses the first formal and recognized education following compulsory schooling, as well as further advanced education.
2. Secondary Education is considered to exist insofar as an education does not build upon a qualification acquired in the Initial Education. It may include further advanced education.
1. Educational grants for initial education are awarded as scholarships. For initial education at universities and in higher vocational education, loans may additionally be granted; for doctoral studies, loans are granted, but not scholarships.
2. If the initial education or any part of it is commenced after the age of 40, the educational grant is generally awarded as a loan. The government council may determine exceptions.
3. Educational grants for secondary education are generally awarded as loans. The government council may determine exceptions.
1. Educational grants are awarded for the standard duration of the education program and for a maximum of two additional semesters beyond that. One-year programs are eligible for grants only during the standard duration of the program.
2. Upon written request, educational grants may exceptionally be awarded beyond the duration mentioned in paragraph 1, particularly if the completion of the education has been delayed due to social, economic, familial, or health-related reasons.
1. In the event of a change in training, the entitlement to training allowances remains. The duration of the entitlement is determined by the new training. In justified cases, the duration of the entitlement can be reasonably shortened.
2. If the training is changed for the second time at the same training level, the entitlement to scholarships expires. The entitlement to loans remains intact.
1. The financial need encompasses the costs necessary for living and education, insofar as and to the extent that these exceed the reasonable personal contribution of the person in training and the reasonable contributions from their parents or other legally obligated parties.
1. Education grants represent a contribution to the financial needs of the person in training.
1. The reasonable personal contribution is calculated based on the assets and income of the person in training. A hypothetical income can be considered as the minimum personal contribution.
2. When assessing the reasonable personal contribution, the structure of the training must be taken into account.
1. As a reasonable external contribution, only that portion of income may be considered which exceeds the basic needs of the liable person or their family.
2. The consideration of reasonable contributions from parents is partially waived if the applicant
a) has completed an initial education that qualifies them for a profession, and is either at least 25 years old or has been financially independent through their own employment for at least two years before beginning the new education;
b) has not completed an education as defined in section a, and has been financially independent from the parents for four years due to employment, managing their own household with minors or dependents, military and civil service, or unemployment;
c) is married or living in a registered partnership;
d) has children.
1. The actual income and asset circumstances are decisive for the calculation of financial need.
2. These are generally determined based on the most recent legally binding tax assessment.
1. The government council regulates the calculation of financial requirements within the framework of legal provisions. It may establish flat rates and stipulate rates, particularly for recognized educational and living expenses, as well as reasonable personal and external contributions. Furthermore, it may set allowances for income and assets.
1. The following maximum annual scholarships are granted
a) 12,000 francs for eligible individuals in secondary level II education;
b) 16,000 francs in all other cases.
2. If the eligible individual is responsible for the maintenance of children, the maximum amount is increased by 4,000 francs per child.
1. The following maximum loans are granted
a) 10,000 francs per year of education if the entitled person is also granted scholarships;
b) 16,000 francs per year of education in all other cases.
2. A maximum total loan of 64,000 francs is granted per entitled person.
1. To avoid cases of hardship, loans may be granted as an exception to the calculation of financial need, provided that the other eligibility requirements are met.
1. Scholarships must be reimbursed if they were obtained through false or incomplete information or were misappropriated from their intended purpose.
2. In the event of termination of education, scholarships paid for the remaining period of education must be reimbursed. In cases of hardship, a waiver of reimbursement may be granted.
3. The right to reimbursement lapses if not asserted within one year from the date of knowledge of the reason for reimbursement. It lapses in any case ten years after the payment of the contribution.
1. Loans must be repaid within ten years after the completion or termination of the education.
2. In justified cases, the repayment period can be extended by a maximum of five years. Installment plans with partial payments can be established.
3. In cases of hardship, the repayment of loans can be wholly or partially waived.
4. The right to reclaim loans obtained through false or incomplete information or misused for purposes other than intended is reserved.
1. Loans shall accrue interest two years after the completion or termination of education.
2. In cases of hardship, the payment of interest may be waived in whole or in part.
1. If a new eligible educational program is undertaken while there is an outstanding loan debt, the repayment and interest obligations for the entire loan amount shall be determined by the completion or termination date of the new educational program.
1. Any person claiming educational grants is obligated to provide complete and truthful information regarding the relevant facts. Significant changes must be reported voluntarily and without delay.
2. Educational grants may be reduced or fully or partially revoked in the event of a breach of the duty to cooperate.
3. Any person who grossly or repeatedly breaches the duty to cooperate may be excluded from any further entitlement to grants.
1. The administrative and judicial authorities of the canton and municipalities provide, free of charge, the information necessary for the evaluation of grant applications.
2. Within the scope of the legal mandate, the AHV insurance number may be used for systematic data processing.
1. The government council shall issue the necessary implementing regulations.
1. The government council may adjust the maximum amounts for scholarships and loans to account for inflation.
1. This law applies to all applications submitted after its entry into force.
2. The new law applies to the interest and repayment of loans under previous law, provided it is more favorable to the affected parties.