1. État, peuple, "Authorities" 10. Constitution and Other Fundamental Acts
Table of Provisions (21)
Statutory Text (21 Provisions)
1 This agreement contains the provisions governing, in the field of secondary level II education, the technical, financial, administrative, and legal issues related to the transfer of the municipal commune of Moutier (hereinafter: "the commune of Moutier").
2 It specifically regulates the admission criteria for secondary level II and the places of schooling for individuals from the Prévôté and the Canton of Bern, as well as the contributions to the education expenses of the Canton of Bern and the Republic and Canton of Jura (hereinafter: "the Canton of Jura").
1 "Transfer date" is understood as the date on which the municipality of Moutier is integrated into the canton of Jura, and "passage date" refers to the beginning of the school year following the transfer date.
2 "Secondary II level education" can be defined as follows
a) "Transitional training programs"
1. preparatory vocational school years;
2. pre-apprenticeships;
3. transitional training preparing for certain initial education programs;
b) "General education programs"
1. gymnasium education programs;
2. education programs in general cultural schools;
3. specialized maturity courses;
c) "Initial vocational training in companies," initial company-based training, with or without professional maturity as part of a recognized initial vocational education program (MP 1);
d) "Full-time initial vocational training"
1. full-time initial school training and trade school education, with or without recognized initial professional maturity (MP 1);
2. post-CFC professional maturity (MP 2).
3 "Bernese students" are understood to be students residing in municipalities of the canton of Bern, except those domiciled in the municipality of Moutier who attend compulsory education in the municipality of Moutier.
4 "Prévôtois apprentices" refers to apprentices in initial company-based vocational training who have an apprenticeship contract with a company located in the municipality of Moutier;
b) "Prévôtois students" refers to students following secondary II level education other than initial company-based vocational training and whose domicile is in Moutier according to article 4, paragraph 3, of the convention of June 30 and July 6, 2015, between Bern, Jura, and Neuchâtel on contributions to teaching costs (hereinafter: "the BEJUNE convention").
5 "Prévôtois companies" refers to the training companies located in the municipality of Moutier.
A course of study must, in principle, be completed at the school where it began, including in the event of repeating a year.
The provisions of the BEJUNE convention, particularly the contribution rates for education costs, apply unless otherwise stipulated in this agreement.
Support related to guidance at the upper secondary level is, in principle, the responsibility of the canton of residence of the student or apprentice.
1 The Francophone Bern Vocational Training Center (ceff) located at the Moutier site is a school subject to Bernese law until July 31, 2017.
2 It is subject to the Bernese legal order, particularly regarding the provision of education, the status of staff, governance, and financing.
1 For admission decisions to secondary level II for the academic years 2024-2025, 2025-2026, and 2026-2027, students and apprentices from Prévôtois must meet the Bernese school admission criteria, even if they pursue their education in the canton of Jura. These decisions are the responsibility of the Bernese authorities.
2 In the case where admission to the chosen training program in the canton of Jura is subject to a selection procedure in addition to the school admission criteria, the students and apprentices from Prévôtois are still required to succeed in the selection procedure. For the students and apprentices from Prévôtois, admission to the selection procedure is based on the Bernese school admission criteria. The authority responsible for the Bernese school admission criteria is the Bernese authority. The authority related to the selection procedure is the competent Jurassian authority.
3 The apprentices from Prévôtois who have passed the Bernese admission exam for post-CFC professional maturity (MP 2) before the date of the transition remain admitted to the corresponding program in the canton of Jura for a duration of two years from the date of the transition.
1 For admission decisions to the upper secondary level starting from the 2027-2028 school year, Bernese students, according to Article 4 of the execution agreement of May 20 and 28, 2025, between the Canton of Bern and the Republic and Canton of Jura concerning the transfer of the municipality of Moutier to the Canton of Jura in the field of compulsory education, must meet the Jura school admission criteria, even if they continue their education in the Canton of Bern.
2 The Canton of Bern equates the Jura decision to the Bernese decision. It may organize additional entrance examinations if necessary. In such cases, it is the competent canton and the legal remedies are Bernese.
3 If admission to the chosen educational pathway in the Canton of Bern is subject to a selection procedure in addition to the school admission criteria, Bernese students are still required to pass the selection procedure. For these students, the Jura school admission criteria are authoritative. The authority for appeals against the Jura school admission criteria is the competent Jura authority. The authority for appeals against the decision related to the selection procedure is the competent Bernese authority.
Professional Maturity After CFC (MP 2) and Specialized Maturity Programs are Considered as Complete Education Programs Regarding the Determination of the Place of Schooling Under the Articles of Section 3 of This Chapter.
1 Bernese students who are attending secondary school in the municipality of Moutier at the time of the transfer shall, in principle, continue with transitional education, general education, or initial full-time vocational training in the canton of Bern.
2 They shall enroll in the Bernese schools and secondary level II programs of their choice.
1. Pupils from Prévôté who begin a general education, transitional education, or initial full-time vocational training at the beginning or during the 2024-2025 school year are free to decide, between the canton of Jura and the canton of Bern, in which canton they wish to complete their training when this training is offered in both cantons.
2. Apprentices from Prévôté who embark on initial vocational training in a Prévôté-based company for the 2024-2025 school year and who have the choice between the canton of Jura or the canton of Bern for the school part of their training, decide in mutual agreement with their company in which canton this school part will be completed.
3. The canton of Bern commits to paying contributions to the canton of Jura for the educational expenses, until the end of the first semester of the 2025-2026 school year, for the pupils and apprentices concerned by paragraphs 1 and 2 who have chosen to carry out their training in the canton of Jura.
4. The canton of Jura commits to paying contributions to the canton of Bern for the educational expenses, from the beginning of the second semester of the 2025-2026 school year until the end of the commenced training, for the pupils and apprentices concerned by paragraphs 1 and 2 who have chosen to carry out their training in the canton of Bern.
1. Students and apprentices from the Prévôté region who begin a secondary II education at the start of or during the 2025-2026 academic year shall complete their education in the canton of Jura, subject to paragraph 3 of this article and Article 14, paragraph 1.
2. The canton of Bern commits to paying the canton of Jura, until the end of the first semester of the 2025-2026 academic year, the educational cost contributions for the students and apprentices referred to in paragraph 1.
3. An exception to the principle stated in paragraph 1 may be made for the reasons mentioned in Article 3 of the BEJUNE convention.
4. The exceptions outlined in paragraph 3 are subject to authorization by the competent Bernese authority. If an exception is granted, the canton of Bern commits to being the debtor canton until the completion of the education.
1 An authorization pursuant to Article 12, paragraphs 3 and 4, is not required for students from Prévôté who begin training within the framework of the bilingual track in a general education school or a specialized maturity program in Biel at the beginning or during the 2025-2026 school year.
2 The Canton of Bern commits to being the debtor canton for the students mentioned in paragraph 1 until the end of their training.
1. Students from Moutier commencing or during their gymnasium education for the school years 2025-2026 and 2026-2027 freely decide between the Gymnasium of Biel and the Cantonal High School of Porrentruy as the establishment in which they wish to complete their education.
2. The Canton of Bern undertakes to pay the Canton of Jura, until the end of the first semester of the school year 2025-2026, the contributions towards educational expenses for the students referenced in paragraph 1 who have chosen to pursue their gymnasium education in the Canton of Jura.
3. The Canton of Jura undertakes to pay the Canton of Bern, from the beginning of the second semester 2025-2026 until the completion of the initiated education, the contributions towards educational expenses for the students referenced in paragraph 1 who have chosen to pursue their gymnasium education in the Canton of Bern.
4. The status of students in 10th HarmoS who wish to start at the date of transition the bilingual stream of the Biel/Bienne Gymnasiums or the common bilingual gymnasium stream to the Cantons of Basel-Landschaft and Jura, as well as the financing, are regulated in the execution agreement of May 20 and 28, 2025, between the Canton of Bern and the Republic and Canton of Jura concerning the transfer of the municipality of Moutier into the Canton of Jura in the area of compulsory education.
As of the transfer date, the oversight of training companies in the region of Prévôtois becomes the responsibility of the competent Jura authorities.
1 The apprenticeship contracts concluded by training companies in the former Bernese Jura and approved by the canton of Bern remain valid and are deemed to comply with Jura law, subject to mandatory provisions of Jura law.
2 Internship contracts related to apprenticeship or training contracts follow the law applicable to the apprenticeship or training contract and are subject to the supervision of the competent authority for the related contract. Internship contracts approved by the competent Bernese authorities are deemed to be approved by the competent Jura authorities.
Training permits issued by the canton of Bern prior to the date of transfer to the training companies located in Moutier remain valid and are considered in compliance with Jura law until their renewal by the competent Jura authority, which must occur within three years at most from the date of transfer.
From the date of the transfer, the monitoring of apprentice prevots is carried out by the competent Jura authorities.
The competent authorities of the creditor canton shall timely provide the competent authorities of the debtor canton with the necessary information for the assumption of educational fee contributions, if necessary, in collaboration with the students and apprentices or their legal representatives.
1 The competent Bernese authorities shall transfer the apprenticeship contracts concluded by the training companies in the Prévôt area, as well as the apprentices' data, to the competent Jura authorities in order to enable them to carry out the tasks assigned to them by federal, cantonal legislation, and by this execution agreement.
2 The transfer provided for in paragraph 1 shall be completed before the transition date, within a period allowing the competent Jura authorities to carry out the tasks assigned to them.
1 This agreement comes into force on July 1, 2025, subject to paragraph 2.
2 Articles 2, 3, 4, 7, 9, and 11 come into force retroactively as of January 1, 2025.