Intercantonal Agreement on Schools with Specifically Structured Programs for Gifted Children - Purpose, Scope

1. The agreement applies to secondary education level I and secondary education level II.

2. It regulates specifically structured educational programs for the promotion of gifted students in all areas

a) inter-cantonal access,

b) the status of the students,

c) the compensation that the students' residential cantons provide to the school sponsors.

3. Inter-cantonal agreements that regulate co-sponsorship or co-financing of schools, or compensations for school attendance that deviate from this agreement, take precedence over this agreement.

1. The annex sets forth

a) which educational programs (including brief descriptions) fall under this agreement,

b) what contributions for school attendance are to be paid by the canton of residence of the students from outside the canton,

c) which cantons wish to avail themselves of which educational programs, and

d) the conditions upon which the cantons make their willingness to pay dependent.

1. Training Programs Subject to This Agreement Fulfill the Following Conditions

a) They specifically promote a high level of talent,

b) They ensure an educational or vocational training that leads to a recognized qualification, and

c) They provide concrete support for the students, so that they can combine the promotion of high talent with their training and develop all their abilities harmoniously.

1. The canton of location reports a training program to the secretariat if it meets the requirements pursuant to Article 3.

2. The secretariat includes the reported training programs in the annex.

1. Paying Canton is the Canton of Residence. The internal allocation or onward charging of costs is governed by the respective cantonal law.

2. The Canton may make its willingness to pay conditional on certain conditions (e.g., cost assurance).

1. The domicile canton for students is considered

a) the canton where mature students have their current residence for scholarship purposes,

b) for underage students, the canton where their parents have their current civil residence, or where the seat of the competent guardianship authority is located.

1. The host cantons set the contributions for the educational programs listed in the annex.

2. The following principles apply

a) the compensations are determined as contributions per student and per semester,

b) contributions are provided for the school educational costs as well as for the costs of student support (Art. 3 para. 1 letter c); contributions are not provided for accommodation and food costs or for specific support for gifted students,

c) the amount of the contribution for students from outside the canton must not be higher than for students residing within the canton.

1. The contributions apply for one year each.

1. The host cantons or the schools offered by them grant students, whose canton of residence has declared its willingness to pay, the same legal status as their own students.

1. Pupils from cantons that have not declared their willingness to pay for the offered educational program are not entitled to equal treatment. They may be admitted to an educational program if pupils from cantons that have declared their willingness to pay have been admitted.

2. Pupils from cantons that have not declared their willingness to pay are charged a fee, in addition to any possible school fees, which must be at least equivalent to the compensation according to Article 7.

1. Schools may charge students reasonable school fees.

2. The school fees for each educational program must be the same for all students whose attendance falls under this agreement, including those from the host canton.

1. The canton where the school is located designates the payment office for each school.

1. The General Secretariat of the Swiss Conference of Cantonal Ministers of Education (EDK) is the administrative office of this agreement.

2. It is specifically responsible for

a) the information of the cantons party to the agreement,

b) the coordination, and

c) the regulation of execution and procedural matters.

1. The costs of the office for the execution of this agreement shall be borne by the contracting cantons in proportion to their population. These costs will be invoiced to them annually. For special clarifications that pertain only to individual cantons and schools, the costs can be passed on to the affected cantons.

1. A court of arbitration shall be established for any disputes arising from the application or interpretation of this agreement between the agreeing cantons.

2. This court shall consist of three members, who shall be appointed by the parties. If the parties cannot agree, the court of arbitration shall be appointed by the board of the EDK.

3. The provisions of the Concordat on Arbitration of March 27, 1969 (SR 279) shall apply.

4. The court of arbitration shall reach a final decision.

1. Accession to this agreement must be communicated to the General Secretariat of the EDK. By acceding, the cantons commit to providing the data necessary for the execution of this agreement in the prescribed manner.

1. This agreement shall enter into force when at least three cantons have declared their accession, but no earlier than the beginning of the 2004/2005 school year.

1. An amendment to the annex (list of training courses) is possible at the start of each school year.

2. New training courses will be included if they are reported to the office before the end of the calendar year preceding the amendment date.

3. Any change in payment readiness or the conditions attached to it must be reported to the office before the end of the calendar year preceding the amendment date.

1. An amendment to the agreement requires the approval of a two-thirds majority of the participating cantons.

1. The agreement may be terminated with a notice period of two years, effective as of July 31st of any given year, through a written declaration to the office. However, termination is only possible for the first time after five years of membership.

1. The obligations arising from this agreement for students enrolled at the time of withdrawal shall continue until the student withdraws if

a) a canton terminates the agreement or

b) a canton declares its unwillingness to finance the educational program.

2. Similarly, the entitlement to equal treatment (Art. 9) remains intact.

1. The Principality of Liechtenstein may accede to this Agreement based on its own legislation. It shall have all the rights and obligations of the other contracting parties.