General Provisions

1. This agreement contains the provisions that regulate the technical, financial, administrative, and legal issues related to the change of canton for the municipal community of Moutier (hereinafter: "Municipality of Moutier") in the area of elementary school.

2. It specifically regulates the legal framework for the offerings of elementary schools (primary level and secondary level I), the status of teaching personnel in the elementary schools, and the financing of these matters.

1. The term "Date of Canton Change" refers to the date on which the municipality of Moutier becomes part of the Canton of Jura.

2. The term "Date of Transfer" refers to the start of the school year following the date of the canton change, i.e., August 1, 2026.

3. The term "Transition Phase" refers to the period between the date of canton change and the date of transfer.

4. The term "Students from Moutier" (élèves prévôtois) refers to students residing in Moutier.

5. The term "Bernese Students" refers to students residing in municipalities of the Canton of Bern.

1. The Municipality of Moutier will transition from the Bernese legal system to the Jura legal system at the time of the cantonal change, in accordance with Article 3 of the Moutier Concordat, except during the transitional phase regarding the provision of primary education, the status of teaching staff, and the financing of these matters.

2. Subject to paragraph 3, public law procedures pending before the authorities of the Municipality of Moutier or the cantonal Bernese authorities at the time of transition will continue to be governed by Bernese law until the decisions become final before these authorities.

3. Procedures initiated during the transitional phase concerning the school location of students from Moutier from the date of transition, or regarding their admission to a special institution from the date of transition, will be handled by the competent Jura authority under Jura law.

Students who are attending secondary level I in the municipality of Moutier at the time of changing cantons will complete this level in this municipality, even in the event of repeating a class.

1. Students who are attending the 8th school year (HarmoS) in the municipality of Moutier at the time of the canton change shall be transferred to the Jura secondary school level in accordance with the results of the transition procedure conducted under Bernese law.

2. Students who would attend the division for preparation for high schools (section p) under Bernese law shall choose between options 1, 2, 3, or 4 as provided under Jura law; those who would attend the secondary school level (section m) may choose between options 3 and 4, and those who would attend the general school level (section g) shall be assigned to option 4.

1. Students who are attending the 9th or 10th HarmoS year in the municipality of Moutier at the time of the change of canton shall enter the same levels in the Jura school system at the time of transition as they would attend under Bernese law.

2. Students who, according to Bernese law, would enter the pre-university preparatory section (section p) shall choose between the options 1, 2, 3, or 4 provided for under Jura law. Those attending secondary school level (section m) can choose between options 3 and 4, and those attending the general school level (section g) shall be assigned to option 4.

3. Bernese students attending the 10th HarmoS class in the municipality of Moutier at the time of the change of canton may transfer to the bilingual education program (Filière bilingue) of the Biel Gymnasiums for the school year that begins at the time of the transition, provided they meet the required conditions.

4. Students from Moutier who are attending the 9th or 10th HarmoS class at the time of the change of canton may transfer to the bilingual education program (Filière bilingue) of the Biel Gymnasiums or to the inter-cantonal bilingual gymnasium education program of the cantons of Basel-Landschaft and Jura for the school year that begins at the time of transition, or one year later, provided they meet the required conditions.

The Canton of Jura assumes the special educational measures introduced by the Canton of Bern from the time of transfer and, if necessary, reevaluates them on a case-by-case basis according to Jura law. It implements them in accordance with Jura law.

1. School materials and teaching aids used up to the time of transition shall be ordered or provided in accordance with the Bernese procedure.

2. School materials and teaching aids used after the date of transition shall be ordered or provided in accordance with the Jura procedure.

1. The employment relationships of the teaching staff of the Municipality of Moutier are subject to Bernese law until the day before the transition date. Paragraph 5 remains reserved.

2. The working time balances of the teaching staff taken over by the Canton of Jura are set to zero.

3. Positive hour balances on the day before the transition date will be paid out in accordance with Bernese law. Any negative hours existing on the same day will be balanced without compensation.

4. Employment offers from the Canton of Jura as of the transition date are regarded by the Bernese authorities as job offers with the Canton in accordance with Article 32 Paragraph 1 of the Bernese Personnel Act of September 16, 2004 (PA).

5. If an employment relationship cannot be terminated or ended by July 31, 2026, due to a blocking period provided in Article 28 PA, it will remain subject to the Bernese legal system beyond July 31, 2026, and will automatically end at the next possible termination date. An early termination of the employment relationship by the teaching staff remains reserved.

1. The teachers and school administrations will continue to be remunerated by the Canton of Bern during the transition phase.

2. The two cantons shall apply the Regional School Agreement of November 23, 2007, concerning the reciprocal admission of trainees and allocation of contributions (RSA 2009)[3](#paragraphtext_content_fn_5391613_2_3_c) analogously, subject to contrary provisions of this agreement.

3. The settlements and cost reimbursements shall be conducted pro rata temporis.

4. The settlements between the Canton of Bern and the municipality of Moutier shall be concluded no later than November 30, 2026.

1. During the transitional phase, the Canton of Jura shall pay to the Canton of Bern the contribution specified in the RSA 2009 for students from Moutier who are enrolled in Moutier, minus the contribution to the costs for school operations and infrastructure, which accounts for 25 percent of the contribution for students attending a regular class.

2. The contribution to the costs for school operations and infrastructure during the transitional phase shall be determined by Jurassian law and covered by the public authority designated by it.

3. During the transitional phase, the Canton of Jura shall bear the costs associated with students from Moutier who are taught in a special institution.

4. For students from Moutier who, at the time of the canton change, are attending the first year of the bilingual curriculum in the Biel high schools, the municipality of Moutier shall pay to the Canton of Bern the contributions specified in Article 24c of the Bernese Law of November 27, 2000, on Financial and Burden Sharing (FILAG) for the months of the school year from August 1 before the date of the canton change up to the day before the canton change. The agreement of June 30//July 6, 2015, between the Cantons of Bern, Jura, and Neuchâtel regarding contributions to teaching costs (BEJUNE Agreement) applies during the transitional phase.

1. During the transitional phase, the Canton of Bern shall pay the Municipality of Moutier a contribution amounting to 25 percent of the contribution for students attending a regular class, for the cost of school operations and infrastructure for Bernese students enrolled in Moutier.

2. Beyond the date of transfer, the Canton of Bern shall pay the Canton of Jura the contribution specified in the RSA 2009 for Bernese students enrolled in Moutier until the completion of their education as per Article 4. The Canton of Jura shall pay the Municipality of Moutier an amount for operational and infrastructure costs equivalent to 25 percent of the contribution for students attending a regular class.

1. The Canton of Bern assumes the cantonal share of the financing of the day school for the students from Moutier, from August 1st prior to the date of the cantonal change until the date of the cantonal change.

2. This share shall be borne by the Canton of Jura during the transitional phase.

3. It will be assumed by the Canton of Bern for the entire school year for the Bernese students.

4. The billing shall be completed no later than November 30, 2026.

5. From the date of transfer, Bernese students who complete Secondary Level I in the municipality of Moutier according to Article 4, shall have the right to be admitted to the Jura student care facilities. The costs for families residing outside the Canton of Jura shall be determined by analogy in accordance with Article 12b of the Jura decision regarding the tariff of childcare facilities for invoicing to the parents. These costs will be charged to the municipality of residence. Within the Canton of Bern, these costs shall be borne in equal thirds by the parents, the municipality, and the Canton of Bern.

1. The Canton of Bern is authorized to transfer the responsibility for providing the special public school offering to the provider of the educational services in the youth psychiatric department of the Moutier hospital, in accordance with Bernese law and no later than July 31, 2027, and to conclude a service agreement with them.

1. This Agreement shall enter into force on July 1, 2025.