Intercantonal Agreement on the Harmonization of Education Grants - Purpose of the Agreement
Table of Provisions (26)
Statutory Text (26 Articles)
1. The agreement promotes the nationwide harmonization of educational grants at the secondary level II and tertiary level, in particular through
a) the establishment of minimum requirements regarding grant-eligible education, form, amount, assessment, and duration of eligibility,
b) the definition of the legal residency for scholarship purposes, and
c) cooperation among the cantons in the agreement and with the federal government.
1. The granting of educational allowances aims to better utilize the educational potential on a nationwide Swiss level. Specifically, it aims to
a) promote equal opportunities,
b) facilitate access to education,
c) support the securing of subsistence during education,
d) ensure the free choice of education and educational institution, and
e) promote mobility.
1. Educational grants are awarded if the financial capability of the person concerned, their parents, and other legally obligated individuals, or the corresponding contributions from other third parties, are insufficient.
1. With regard to the desired harmonization of educational grants, the cantons that are party to the agreement promote cooperation, as well as the exchange of information and experience among themselves, with the federal government, and with Swiss bodies.
2. The cantons that are party to the agreement provide mutual administrative assistance.
1. Eligible Persons for Contributions are
a) Persons with Swiss citizenship and residence in Switzerland, subject to exception under letter b,
b) Swiss citizens whose parents live abroad or who are parentless and living abroad, for education in Switzerland, provided they are not entitled to contributions at their foreign place of residence due to lack of jurisdiction,
c) Persons with foreign citizenship who either possess a permanent residence permit or have resided in Switzerland for five years and hold a residence permit,
d) Refugees and stateless persons residing in Switzerland and recognized by it,
e) Citizens of EU/EFTA member states, insofar as they are equated with Swiss citizens concerning scholarships and student loans according to the Agreement on the Free Movement of Persons or the EFTA Convention between the Swiss Confederation and the EU/EFTA member states, as well as citizens from countries with which corresponding international agreements have been concluded.
2. Persons residing in Switzerland solely for the purpose of education are not eligible for contributions.
3. An application for the granting of educational contributions must be submitted in the canton where the person in education has their scholarship-legal residence.
1. For the purpose of determining the place of residence for scholarship purposes, the following definitions apply
a) subject to subsection d, the civil residence of the parents or the seat of the last competent guardianship authority,
b) subject to subsection d, for Swiss citizens whose parents do not have a residence in Switzerland or who are orphans residing abroad: the canton of origin,
c) subject to subsection d, the civil residence for adults recognized as refugees or stateless persons by Switzerland, whose parents reside abroad or who are orphans; for refugees, this rule applies if they have been assigned to the relevant agreement canton for care; and
d) the canton of residence for adults who, after completing their first vocational training and before commencing the education for which they claim scholarships or student loans, have resided in this canton for at least two years and were financially independent due to their own employment.
2. If the parents have civil residences in different cantons, the residence of the current or last holder of parental authority is decisive, or, in the case of joint parental authority, the residence of the parent who primarily cares for or last cared for the individual in education. If the parents establish their residences in different cantons only after the applicant has reached adulthood, the canton of the parent with whom the applicant mainly resides is responsible.
3. In the case of multiple cantons of origin, the most recently acquired citizenship applies.
4. Once established, the place of residence for scholarship purposes remains until a new one is acquired.
1. Four years of financial independence through personal gainful employment is equivalent to completing initial vocational training.
2. Gainful employment also includes managing one’s own household with minors or dependents requiring care, military and civil service, as well as unemployment.
**1. Eligible for Contributions Are at Least the Following Educational and Study Programs, Provided They Are Recognized According to Art. 9:**
a) The training required for the intended professional goal at the secondary level II and tertiary level,
b) The obligatory preparatory measures for studies at secondary level II and tertiary level, as well as pathways and bridging courses.
**2. The Entitlement to Contributions Ends:**
a) At tertiary level A with the completion of a Bachelor's degree or a consecutive Master's degree,
b) At tertiary level B with the federal professional examination and the federal advanced professional examination, as well as with the diploma of a higher vocational school.
**3. A University Study Program Following a Tertiary Level B Degree Is Also Eligible for Contributions.**
1. Trainings are deemed recognized if they lead to a qualification that is Swiss-recognized by the Confederation or the concordat cantons.
2. Trainings that prepare for a qualification recognized by the Confederation or the cantons can be recognized by the concordat cantons.
3. The concordat cantons can designate additional trainings as eligible for contributions for themselves.
1. Educational grants are provided at least for the first qualifying education.
2. The contracting cantons may also provide educational grants for second and further education.
1. The requirement for contribution eligibility is met by anyone who demonstrably fulfills the admission and promotion criteria concerning the training program.
**1. Educational Grants Are:**
a) **Scholarships:** One-time or recurring financial contributions provided for educational purposes that do not have to be repaid,
b) **Loans:** One-time or recurring financial contributions provided for educational purposes that must be repaid.
**2.** For the receipt of scholarships, the cantons may establish an age limit. The age limit may not be lower than 35 years at the start of the education.
**3.** The cantons are free to determine an age limit for loans.
1. The allocation of educational grants is for the duration of the education; for courses of study lasting several years, the entitlement extends up to two semesters beyond the standard period of study.
2. The entitlement to educational grants is not lost in the event of a one-time change of education. The duration of the grant eligibility is generally determined by the new education, whereby the cantons may deduct the time of the first education when calculating the corresponding grant period.
1. The freedom to choose recognized educational programs must not be restricted in the context of the allocation of educational grants.
2. For education abroad, it is required that the person in training would fundamentally meet the admission requirements for an equivalent education in Switzerland.
3. If the freely chosen recognized education is not the most cost-effective, a reasonable deduction may be made. However, at least those personal costs that would incur in the most cost-effective solution must be taken into account.
1. The annual maximum amounts for educational grants are
a) for individuals in secondary level II education, at least CHF 12,000;
b) for individuals in tertiary level education, at least CHF 16,000.
2. The annual maximum amounts according to paragraph 1 increase by CHF 4,000 per child for individuals in education who are obligated to support children.
3. The maximum amounts can be adjusted for inflation by the conference of the agreeing cantons.
4. For tertiary level education, scholarships can be partially replaced by loans (splitting), with the scholarship portion making up at least two-thirds of the educational grant.
5. In structuring educational grants that exceed the maximum amounts, the cantons are free.
1. In the awarding of scholarships and study loans, due consideration must be given to degree programs with specific temporal and content characteristics on an individual basis.
2. If the education must be pursued as a part-time study due to social, familial, or health reasons, the duration eligible for financial contributions shall be extended accordingly.
1. Education grants represent a contribution to the financial needs of the person in training.
**1. Financial Need**
The financial need encompasses the costs necessary for living and education, insofar as and to the extent that these costs exceed the reasonable personal contribution and the reasonable third-party contribution of the parents, other legally obligated individuals, or other third parties. The cantons that are party to the agreement determine the financial need considering the following principles
a) **Budget of the Person in Training:** Eligible costs include education and living expenses as well as any rental costs. A minimal personal contribution can be attributed to the person in training. Additionally, available assets or any apprentice salary can be credited. The structure of the training should be considered in determining the personal contribution.
b) **Family Budget:** As a third-party contribution, only that portion of income that exceeds the basic needs of the contributing person or their family may be considered.
2. **For the calculation of financial need, lump-sum estimations are permissible, and in setting the basic needs of the family, the benchmarks recognized by the respective canton must not be undercut.**
3. **The financial need calculated according to paragraphs 1 and 2 can be reduced based on any additional income earned by the person in training if the sum of the educational grants and other income exceeds the recognized costs for education and living at the place of study.**
1. Waiver from Consideration of the Reasonable Contributions by Parents
The consideration of the reasonable contributions by parents can be partially waived if the person in training has reached the age of 25 and has completed an initial vocational qualification, as well as having been financially independent through their own gainful employment for two years before the commencement of the new training.
1. The Conference of the Agreement Cantons consists of one representative from each canton that has joined the agreement. It
a) regularly reviews the maximum rates for educational grants in accordance with Art. 15 and adjusts them to inflation if necessary,
b) issues recommendations for the calculation of educational grants.
2. A two-thirds majority of the members of the Conference of the Agreement Cantons is required to adjust the maximum rates for inflation.
1. The General Secretariat of the Swiss Conference of Cantonal Ministers of Education (EDK) serves as the office of the agreement.
2. The office is particularly responsible for the following tasks
a) providing information to the cantons party to the agreement,
b) reviewing and drafting proposals for adjustments to the maximum rates for educational contributions and preparing other business for the conference of the cantons party to the agreement, and
c) other ongoing enforcement tasks.
3. The costs of the office for the execution of this agreement are borne by the cantons party to the agreement according to their population size.
1. For any disputes arising from the application or interpretation of this agreement between the participating cantons, an arbitral tribunal shall be established.
2. This tribunal shall consist of three members appointed by the parties. If the parties cannot agree, the tribunal shall be appointed by the Board of the EDK.
3. The provisions of the Concordat on Arbitration dated March 27, 1969, shall apply.
4. The arbitral tribunal shall make a final decision.
1. Accession to this agreement shall be declared to the board of the EDK.
1. Withdrawal from the agreement must be declared to the board of the EDK. It takes effect at the end of the third calendar year following the declaration of withdrawal.
1. The agreeing cantons are obliged to adjust their cantonal laws within five years after the agreement's entry into force, or for agreeing cantons that sign the agreement two years after its entry into force, within three years after signing.
1. The Board of the EDK shall bring the agreement into force when at least ten cantons have acceded to it.
2. Art. 8 para. 2 lit. b shall only be brought into force by the Board of the EDK after and to the extent that an inter-cantonal agreement on contributions to higher vocational education has been adopted by the Plenary Assembly of the EDK.
3. The entry into force shall be notified to the Confederation.