CH-TI
School Education Act (SEA) - February 1, 1990 (LSC)
Table of Provisions (109)
Statutory Text (109 Articles)
1 The public school is an educational institution serving individuals and society.
2 It is established and directed by the Canton with the collaboration of the municipalities.
3 Teaching is provided in the Italian language and with respect for freedom of conscience; the Council of State may authorize educational curricula that include the teaching of one or more subjects in another language. [2]
4 The various components of the school participate in its management according to the procedures established by this law.
[2] Para. amended by L 24.2.2021; in force since 1.6.2021 - BU 2021, 145.
1. The school, in collaboration with the family and other educational institutions, promotes the harmonious development of individuals capable of assuming active and responsible roles in society and of increasingly realizing the demands of justice and freedom.
2. In particular, the school, by interacting with the social and cultural reality and operating within a lifelong learning perspective
a) educates the individual towards a conscious choice of their own role through the transmission and critical and scientifically accurate re-elaboration of the fundamental elements of culture in a pluralistic vision historically rooted in the reality of the country;
b) develops a sense of responsibility and educates for peace, respect for the environment, and democratic ideals;
c) promotes the integration of citizens into the social context through effective basic and recurrent training;
d) promotes the principle of equality between men and women, aims to correct socio-cultural imbalances, and reduce obstacles that prejudice the education of students.
[3] 1 The components of the school are the teachers and specialized school operators, the pupils and parents and, in vocational schools, the trainers.
2 For the purposes of this law, parents are considered to be those holding parental authority or legal representatives designated by the guardianship authority.
3 In order to supplement its educational function, the school avails itself of the collaboration of the world of culture, information, and economics.
[3] Art. amended by Law of 22.3.2016; in force since 1.8.2016 - BU 2016, 239.
1 Schools are structured into the following levels
a) pre-school;
b) primary school;
c) middle school;
d) post-compulsory schools.
2 The last two years of pre-school, primary school, and middle school are compulsory schooling. The first year of pre-school is optional. [4]
3 Post-compulsory schools include the following types
a) upper secondary schools;
b) …; [5]
c) vocational schools. [6]
4 Special education is organised by the Canton as a dedicated service that operates in collaboration with individual school levels or types, with public institutions and with recognised private institutions. [7]
[4] Para. amended by Law of 22.3.2016; in force since 1.8.2016 - BU 2016, 239; previous amendment: BU 2011, 651.
[5] Sub-para. repealed by Law 169.2008; in force since 23.9.2008 - BU 2008, 553; previous amendment: BU 2002, 104.
[6] Para. amended by Law of 2.10.1996; in force since 1.1.1997 - BU 1996, 467.
[7] Para. amended by Law of 15.12.2011; in force since 1.8.2012 - BU 2012, 263; previous amendment: BU 2007, 708.
The various levels and main school services are governed, in addition to this law, by special laws.
Compulsory school and training [8]
[8] Marginal note amended by Law of 27.5.2020; in force since 1.9.2021 - BU 2021, 204.
[9]
1 All persons residing in the Canton, from four to fifteen years of age, are subject to compulsory schooling, i.e., compulsory school attendance. [10]
1bis Upon completion of compulsory schooling and until reaching the age of majority or obtaining a federal certificate of vocational training, all persons residing in the Canton are subject to compulsory education, i.e., attendance at a post-compulsory school, either full-time or for apprentices, or participation in a training activity among those provided for by the regulations. [11]
1ter Upon a reasoned request, the Department may grant an exemption from compulsory education. Articles 58a and 58b remain reserved. [12]
2 All persons who have reached their fourth year of age by July 31st at the opening of the school year must be enrolled in kindergarten.
3 Notwithstanding paragraph 2, persons who reach their fourth year of age by September 30th may also be enrolled, upon a reasoned request from the parental authority.
4 For physical, mental reasons, or for well-founded reasons agreed upon by the holder of parental authority and the teacher, enrollment may be postponed until the following school year.
5 Compulsory schooling ends at the end of the school year in which the student turns fifteen; discharge from this obligation before the end of the school year may be granted by the Department for serious reasons, in any case not before the completion of the fifteenth year of age. [13]
6 Upon fulfillment of compulsory schooling, the student receives a certificate of discharge from this obligation. [14]
7 Employers may not employ students who do not possess the certificate of discharge from compulsory schooling. [15]
[9] Art. amended by L 7.11.2011; in force since 1.7.2015 - BU 2011, 651.
[10] Para. amended by L 27.5.2020; in force since 1.9.2021 - BU 2021, 204.
[11] Para. introduced by L 27.5.2020; in force since 1.9.2021 - BU 2021, 204.
[12] Para. introduced by L 27.5.2020; in force since 1.9.2021 - BU 2021, 204.
[13] Para. amended by L 27.5.2020; in force since 1.9.2021 - BU 2021, 204.
[14] Para. amended by L 27.5.2020; in force since 1.9.2021 - BU 2021, 204.
[15] Para. amended by L 27.5.2020; in force since 1.9.2021 - BU 2021, 204.
1 Attendance at public schools is free of charge for pupils resident in the Canton and for pupils of vocational schools who are undergoing an apprenticeship or internship at a company located in the Canton. [16]
1bis It is also free of charge for pupils attending school for a maximum of one year as part of individual pupil exchanges between Cantons, provided that the same principle is applied by the partner Canton. [17]
2 School materials are provided free of charge by the Canton in secondary schools, and by the municipalities and consortia in kindergarten and primary schools.
3 The transport and meal expenses for pupils are subsidised by the Canton and the municipalities within the limits established by special laws.
4 For attendance at a cantonal school by pupils not domiciled in the Canton, the Council of State may levy a fee and sign agreements, subject to the competence of the Grand Council. [18]
[16] Para. modified by Law of 22.3.2016; in force since 1.8.2016 - BU 2016, 239.
[17] Para. introduced by Law of 24.2.2021; in force since 1.6.2021 - BU 2021, 145.
[18] Para. modified by Law of 20.9.2004; in force since 17.12.2004 - BU 2004, 448; previous modification: BU 1993, 399.
[19] The Council of State exercises, through the competent Department (hereinafter referred to as the Department), the general direction of the school and issues the implementing provisions of the present law.
[19] Article amended by Law of 4.10.1993; in force since 19.11.1993 - BU 1993, 397.
1 The municipal and consortium authorities in school matters are the municipal council (municipio) and the consortium school delegation, respectively. They may appoint a school commission with an advisory function. [20]
2 The specific competencies of municipal and consortium authorities and bodies in school matters are defined by this law and by special laws.
Competent Department [21]
[20] Paragraph amended by L 22.3.2016; in force since 1.8.2016 - BU 2016, 239.
[21] Marginal note amended by L 4.10.1993; in force since 19.11.1993 - BU 1993, 397.
1 The Department shall exercise the general management of the school, within the terms set forth in Article 8.
2 In particular, it shall perform the following functions
a) promotes the study and execution of initiatives that contribute to the achievement of the school's objectives;
b) may, for this purpose, carry out monitoring tasks, through statistical surveys of school activities; [22]
c) ensures the coordination of the activities of the various school sectors and their organs;
d) exercises supervision over the school and teaching;
e) provides for the general administrative organization of the school;
f) handles information on school matters;
g) organizes the consultation of the school's components on reform projects and whenever it deems it appropriate;
h) reforms or annuls, upon request or ex officio, decisions of municipal or consortium authorities and of cantonal school bodies that are not in conformity with the fundamental principles of law, school laws, and regulations.
3 To this end, the Department may issue directives. [23]
[22] Subpara. amended by Law of 17.3.2009; in force since 12.5.2009 – BU 2009, 202.
[23] Para. introduced by Law of 22.3.2016; in force since 1.8.2016 – BU 2016, 239.
[24] 1 For the fulfillment of its functions of promotion, coordination, supervision, and administrative organization at different levels and types of schools, the Department also avails itself of the cantonal school bodies and the bodies responsible for the management of the institutions referred to in Title Two.
2 The school bodies are
a) in pre-primary schools and primary schools: the inspectorates, the board of inspectors, the subject matter experts, and the cantonal conference of directors of municipal institutions; [25]
b) in middle schools: the subject matter experts, the board of experts, and the board of directors;
c) in upper secondary schools: the subject matter experts and the board of directors;
d) in vocational schools and other schools: the subject matter experts and the board of directors;
e) in special schools: the institution directors and the board of directors;
f) in pedagogical support services: the group leaders and the boards of group leaders. [26]
3 The powers of the cantonal school bodies are defined by special laws.
4 Health supervision over all schools is governed by the Law on Health Promotion and Health Coordination of 18 April 1989.
[24] Art. amended by L 22.3.2016; in force from 1.8.2016 - BU 2016, 239; previous amendments: BU 2004, 448; BU 2013, 356.
[25] Subpara. amended by L 17.12.2025; in force from 27.2.2026 - BU 2026, 82.
[26] Para. amended by L 20.9.2004; in force from 17.12.2004 - BU 2004, 448.
[27] The Council of State approves the curricula for each school level and type of school developed by the Department with the participation of school bodies, experts, and teachers. Federal provisions are reserved.
[27] Art. amended by the Law of 22.3.2016; in force since 1.8.2016 - BU 2016, 239.
[28] 1 The school, through experimental processes, promotes and controls appropriate innovations in the areas of organization, curricula, methods, and teaching techniques.
2 Experimental processes may be proposed either by the Department or by cantonal school authorities or by the management bodies of the institutions or by groups of teachers.
3 Subject to financial competencies, the authorities competent to authorize and revoke the carrying out of experiments are
a) the Council of State when a temporary derogation from legal provisions is required;
b) the Department, when a temporary derogation from implementing provisions, including curricula and methods, is required;
c) the cantonal school authorities and the management bodies of the institutions, in other cases, with the obligation to inform the Department.
[28] Art. amended by L 22.3.2016; in force since 1.8.2016 - BU 2016, 239.
The regulations concerning textbooks and school materials are established by the Department.
[29] **1 The duration of the school year, for students of every school level, is thirty-six and a half effective weeks; the school year opens towards the end of August or beginning of September and closes around mid-June.**
**2 …**
**3 For vocational schools, subsection 1 applies with exceptions dictated by federal or intercantonal provisions or by particular requirements of vocational training.**
**4 The duration of the school year for special schools and classes is determined taking into account the general school calendar and the particular needs of students and institutions.**
**5 In all school levels, teaching is distributed over five days a week, from Monday to Friday. For vocational schools, it may be structured in weekly days or in blocks.**
**6 All students in compulsory schools also have Wednesday afternoon off.**
**7 The establishment of extracurricular services or activities is also permitted on Saturdays and during holidays.**
**8 Final exams for post-compulsory schools generally take place after the end of the school year and may also be held on Saturdays.**
**9 Exceptions may be granted by the Department.**
**10 The Department establishes the annual calendar for all school levels.**
**[29] Article amended by Law of 22.3.2016; in force since 1.8.2016 - BU 2016, 239; previous amendments: BU 2002, 104; BU 2004, 448; BU 2008, 553; BU 2009, 239; BU 2011, 651.**
[30] 1 In cantonal schools, the duration of a lesson hour is 50 minutes.
2 The Council of State may grant exceptions to this principle.
[30] Art. introduced by Law of 22.3.2016; in force since 1.8.2016 - BU 2016, 239.
[31] The Department determines the catchment areas for individual cantonal school sites.
[31] Art. amended by L 22.3.2016; in force since 1.8.2016 - BU 2016, 239.
1 School premises, owned by the Canton, may be made available to third parties, subject to compatibility with school activities.
2 The Council of State shall establish, by regulation, the conditions and usage fees, provided that use for activities of public interest is, as a rule, free of charge.
[32] For collections held in schools and for those requiring the collaboration of students, express authorization from the Department or, by delegation, from the school administrations is required.
[32] Art. introduced by L 22.3.2016; in force from 1.8.2016 - BU 2016, 239.
[34] 1 Pupils of public nursery, primary, middle, special, and non-university post-compulsory schools, as well as of private compulsory schools, benefit from civil liability coverage and school accident coverage.
2 Civil liability coverage is also established for teachers of public municipal schools, teachers of private compulsory schools, and apprentices.
3 Upon specific request from the interested parties, civil liability coverage may be extended to pupils and teachers of private schools not included in paragraphs 1 and 2.
4 The coverages referred to in the preceding paragraphs include
a) the consequences of accidents suffered by all pupils during their school activities, inside and outside school buildings, as well as accidents occurring during the home-school commute;
b) the civil liability of the State, municipalities, and Consortia in their capacity as owners of school buildings, grounds, and furniture towards the persons included in the coverages of the preceding paragraphs and third parties, as well as the civil liability of the persons included in the coverages of the preceding paragraphs towards third parties.
[34] Art. modified by Law of 22.3.2016; in force since 1.8.2016 – BU 2016, 239; previous modification: BU 2004, 448.
[35] 1 As regards school accidents, coverage includes
a) in the event of death, an indemnity of 10,000 francs;
b) should an invalidity be determined following a durable and likely permanent reduction in the person's earning capacity, a maximum indemnity of 50,000 francs is granted. The degree of invalidity ascertained as a result of the accident shall be decisive. The limit of 50,000 francs may be extended by the Council of State.
2 Civil liability coverage covers the consequences of material and personal damages caused by persons and entities according to Art. 18 up to a maximum of 3,000,000 francs per case. For material damages, an excess (deductible) established by the Council of State is foreseen for each claim caused.
[35] Art. modified by L 22.3.2016; in force since 1.8.2016 - BU 2016, 239; previous modification: BU 2004, 448.
[36] 1 For school accidents, the premiums are entirely borne by the State.
2 For the civil liability of affiliated persons, the premiums are borne by the State, except for those relating to the civil liability of students and teachers referred to in Art. 18 para. 3, which are borne by them.
3 The amount of the premiums is determined by the Council of State.
[36] Art. introduced by L 22.3.2016; in force since 1.8.2016 - BU 2016, 239.
[37] 1 The Council of State defines by regulation the rules concerning the administration of the insurance.
2 It may enter into an insurance contract with an insurance company authorized to operate in Switzerland under the Federal Act on the Supervision of Insurance Companies of December 17, 2004.
[37] Art. introduced by L 22.3.2016; in force since 1.8.2016 - BU 2016, 239.
22 … [39]
[39] Art. repealed by Law of 23.2.2015; effective from 1.6.2015 – BU 2015, 194; previous amendments: BU 1997, 404; BU 2007, 708; BU 2012, 185.
[42] 1 The teaching of the Catholic religion and the Evangelical religion (denominational religious instruction) is provided in primary schools, during the first three years of secondary school (junior high), and in full-time post-compulsory schools, in compliance with the aims of the school and Art. 15 of the Federal Constitution.
2 Neutral and non-denominational instruction on the history of religions is compulsorily provided during the fourth year of secondary school as a regular subject.
3 The attendance of denominational religious instruction by pupils is ascertained at the beginning of each year by the school authority through an explicit request to the parental authorities, or to the pupils if they are over sixteen years of age.
4 For denominational religious instruction, the appointment of teachers, the definition of curricula, the choice of textbooks and school materials, as well as pedagogical supervision are the responsibility of the ecclesiastical authorities, while administrative supervision is the responsibility of the school authorities. The salary of teachers in cantonal schools is borne by the State.
5 Subject to para. 4, agreements between the State Council and the ecclesiastical authorities regulate the organization of denominational religious instruction and the status of its teachers.
[42] Art. amended by Law of 29.5.2018; in force since 1.8.2019 - BU 2018, 335; previous amendment: BU 1993, 105.
[44] 1 In order to make young people aware of the fundamentals of political and civil institutions and to educate them about their rights and duties as citizens, civic education and education for citizenship and democracy are promoted and ensured in middle schools, high schools, and vocational schools.
2 The teaching of civic education, education for citizenship, and democracy, which occurs regularly as a standalone subject in middle schools or within the framework of the disciplines provided by the curricula of post-compulsory schools, in modular ways in high schools, is mandatory and has an allocated time of at least two hours per month. A separate grade is assigned to the subject or teaching, where this does not conflict with federal and intercantonal law.
3 The curricula, teaching methods, and related assessments are established by the regulations governing the individual school levels and types.
4 The principle of neutrality in teaching must be guaranteed.
[44] Art. amended by L 24.9.2017; in force since 13.10.2017 - BU 2017, 339; previous amendments: BU 2002, 10; BU 2016, 239.
1 The institute is the school unit where the life and work of the community of pupils and teachers are organized, with the collaboration of other educational agents, notably parents, in order to achieve the specific objectives of its own order or grade.
2 The institute carries out its activities autonomously within the limits established by law and implementing provisions.
3 For the conduct of teaching and cultural activities, the institute is allocated an annual credit to be managed autonomously. For targeted activities, particularly in the fields of research, innovation, and experimentation, the institute is allocated an annual pool of hours to be managed autonomously. [45]
4 The amount and methods of allocation of the annual credit and the pool of hours are established by the Council of State with a regulation. [46]
5 A school constitutes a single school institute or is affiliated with an institute together with others. Primary schools and nursery schools of the same municipality or consortium or of conventioned municipalities are united into a single institute. [47]
6 The establishment of school institutes falls within the competence of the Council of State for cantonal schools and of the municipalities or consortial delegations for communal schools. [48]
7 Within one year of its establishment, each institute must adopt internal regulations.
[45] Entry into force of the paragraph, limited to the annual credit: 1.1.1993 - BU 1993, 41; entry into force limited to the pool of hours: 1.2.1993 - BU 1993, 105.
[46] Entry into force of the paragraph, limited to the annual credit: 1.1.1993 - BU 1993, 41; entry into force limited to the pool of hours: 1.2.1993 - BU 1993, 105.
[47] Para. amended by L 22.3.2016; in force since 1.8.2016 - BU 2016, 239.
[48] Para. amended by L 22.3.2016; in force since 1.8.2016 - BU 2016, 239.
1 The management of the institute is ensured by the directorate with the participation of the school's components.
2 The governing bodies are as follows
a) the directorate;
b) the faculty board.
3 The representative bodies are as follows
a) the student assembly;
b) the parent assembly;
c) the institute council.
4 The governing and representative bodies may be established totally or partially according to the criteria set forth in Art. 27 para. 3, 34, 36, 39, and 41.
5 For the execution of their tasks, the governing and representative bodies may establish special commissions, including in mixed forms.
[49] 1 The school board may be established in every type of school.
2 The school board is composed of
a) members of the management board;
b) three representatives of the teaching staff council;
c) three parents of minor pupils;
d) three pupils;
e) representatives of the interested Municipalities, three at most.
3 The election and operating procedures are established by the regulations. [50]
4 The school board has the following duties
a) discusses issues concerning the relationship between the school, pupils, parents, and the social environment;
b) develops the general program of the institute's cultural initiatives and the utilization of school infrastructure;
c) expresses its opinion in consultation procedures;
d) discusses the annual report of the management board and expresses any observations;
e) expresses its opinion on the utilization of the annual budget allocation.
[49] Entry into force of the article: 2.9.1992 - BO 1993, 41.
[50] Par. modified by Law of 22.3.2016; in force since 1.8.2016 - BO 2016, 239.
1 In cantonal institutions, management is entrusted to the director, assisted by one or more deputy directors, and to the management board.
2 The regulations determine the number of deputy directors and members of the management board and may exceptionally, to meet specific needs of the institution, allocate the powers established by law among them differently. [51]
3 In municipal or consortium institutions, management is entrusted to
a) one or more directors, possibly assisted by the management board;
b) one or more directors, assisted by one or more deputy directors and possibly by the management board. [52]
4 Municipalities and consortia may combine several institutions under a single management.
[51] Para. amended by L 22.3.2016; in force since 1.8.2016 - BU 2016, 239; previous amendment: BU 1993, 41.
[52] Para. amended by L 20.6.2013; in force since 1.7.2013 - BU 2013, 356; previous amendments: BU 1993, 41; 1996, 261.
1 The director and deputy director of the cantonal institutes are appointed by the Council of State based on a public competition for a period of four years.
2 The outgoing director and deputy director are always eligible for re-appointment through the regular competition procedure.
3 The director and deputy director who are not re-appointed are guaranteed a teaching position under an appointment relationship; the salary is that of the new function.
1 The director has the following specific duties
a) represents the school authority within the institution and the institution before the school authority and third parties;
b) presides over the management board and coordinates its work;
c) carries out supervisory and pedagogical-didactic advisory work with respect to teachers and specialized school operators and submits an annual report to the Department on the teaching provided in the institution; [53]
d) draws up reports on teachers in their first year of appointment, on assigned and substitute teachers, and, where necessary, on appointed teachers;
e) admonishes or, as the case may be, reports to the appointing authority any teacher or specialized school operator whose conduct he identifies as an infringement of laws or implementing provisions; [54]
f) takes necessary decisions in cases of urgency, promptly informing the management board.
2 The director and deputy director are assigned a teaching load compatible with their functions. [55]
3 The deputy director collaborates with the director in carrying out his functions and, in case of absence or impediment of the director, assumes his duties and responsibilities.
[53] Letter amended by Law of 22.3.2016; in force since 1.8.2016 - BU 2016, 239.
[54] Letter amended by Law of 22.3.2016; in force since 1.8.2016 - BU 2016, 239.
[55] Entry into force of the paragraph: 2.9.1992 - BU 1993, 41.
[56] 1 The director and deputy director of municipal or consortium institutions are appointed by the competent appointing authority following a public competition.
2 The director may be appointed on a full-time or part-time basis.
3 The deputy director may be appointed on a full-time or part-time basis, or assigned without a reduction in teaching load; in the latter case, they shall receive appropriate remuneration.
[56] Entry into force of the article: 2.9.1992 - BU 1993, 41.
[57] The director has the following specific duties
a) represents the appointing authority within the institution and the institution before school authorities and third parties;
b) chairs the management board, where it exists, and coordinates its work;
c) performs all the duties of the management board, where the latter does not exist;
d) carries out supervisory and pedagogical-didactic advisory work with respect to teachers and submits an annual report to the appointing authority and the inspectorate on the teaching provided in the institution;
e) collaborates with the inspectorate in its function of promotion, supervision, and pedagogical-didactic advisory work; [58]
f) drafts reports on teachers in their first year of appointment, on assigned and substitute teachers, and, where necessary, on appointed teachers;
g) reprimands or, as the case may be, reports to the appointing authority and the inspectorate any teacher or specialized school operator whose conduct he or she identifies as an infraction of laws or implementing provisions; [59]
h) takes, in case of urgency, necessary decisions, promptly informing the management board where it exists;
i) substitutes, for short periods, absent permanent teachers, compatible with management duties.
[57] Art. amended by L 20.6.2013; in force from 1.7.2013 - BU 2013, 356.
[58] Sub-para. amended by L 22.3.2016; in force from 1.8.2016 - BU 2016, 239.
[59] Sub-para. amended by L 22.3.2016; in force from 1.8.2016 - BU 2016, 239.
… [60]
[60] Art. repealed by L 20.9.2004; in force from 17.12.2004 - BU 2004, 448.
… [61]
[61] Art. repealed by L 20.6.2013; in force from 1.7.2013 - BU 2013, 356; previous amendment: BU 1993, 41.
1 The Board of Directors shall be composed of the director, who presides over it, the deputy director, and at least one member designated by the teaching staff council. In municipal or consortium institutions, the appointing authority may waive the designation of the deputy director; in such cases, the Board of Directors shall be composed of the director and at least two members designated by the teaching staff council. [62]
2 The number of members designated by the council shall be determined by the implementing provisions. [63]
3 The members designated by the council shall be elected from among the teaching staff at the end of the school year for the following two-year period, with their re-eligibility retained.
4 The members designated by the council shall benefit from a reduction in teaching load or, where this is not possible, adequate compensation. [64]
5 The Board of Directors shall be established in all cantonal institutions; in municipal or consortium schools, it may be established by decision of the municipal council or the consortium school delegation.
[62] Para. amended by L 10.6.1996; in force from 26.7.1996 - BU 1996, 261.
[63] Entry into force of the paragraph: 2.9.1992 - BU 1993, 41.
[64] Entry into force of the paragraph: 2.9.1992 - BU 1993, 41.
The Board of Directors
a) ensures the execution and observance of laws, regulations, directives issued by the school authority, and criteria defined by the teachers' council;
b) coordinates and promotes pedagogical and didactic activities, taking into account the indications provided by the other bodies of the institute;
c) proceeds with the formation of classes in cantonal schools and the allocation of students by section in elementary and pre-school education; [65]
d) responds to observations from parents and students and, in cantonal schools, decides on appeals against school evaluations; [66]
e) handles the administrative management attributed by the school authority to the institute;
f) maintains relations with pedagogical, health, and social services;
g) prepares the annual report on the institute's performance for the Department;
h) decides on the admission of students;
i) assigns classes and class teaching duties to teachers;
l) prepares the weekly lesson schedule.
m) in cantonal post-compulsory institutes, develops a program on student plurilingualism, which must be submitted to the teachers' council and subsequently approved by the Department. [67]
[65] Letter amended by Law of 20.6.2013; in force from 1.7.2013 - BU 2013, 356.
[66] Letter amended by Law of 20.6.2013; in force from 1.7.2013 - BU 2013, 356.
[67] Letter introduced by Law of 24.2.2021; in force from 1.6.2021 - BU 2021, 145.
[68] 1 The teaching staff council is the plenary meeting of all tenured, appointed, and substitute teachers, as well as other school personnel operating in an institution. [69]
2 Meetings are convened by the director or upon request of the management board or at least 1/5 of the teachers; they are chaired by a teacher designated by the council at the beginning of each academic year.
3 Administrative staff may participate in council meetings when matters concerning them are being discussed and when the annual report is being discussed.
4 Attendance at meetings is mandatory.
5 The teaching staff council may invite, in an advisory capacity, representatives of other components to its meetings.
6 The teaching staff council is established in institutions of every order and grade with at least three teachers.
[68] Article in force from: 2.9.1992 - BO 1993, 41.
[69] Sub-paragraph amended by L 22.3.2016; in force from 1.8.2016 - BO 2016, 239.
1 In compliance with current laws, regulations, and curricula, the teaching staff: [70]
a) defines the criteria for the functioning of the institution with regard to pedagogical, didactic, cultural, and organizational aspects, and verifies their application;
b) studies and examines innovative proposals within the scope of cantonal school policy;
c) promotes the experiments referred to in Art. 13, para. 3, letter c);
d) defines the use of the annual credit and the total hours allocated to the institution;
e) expresses its opinion on the planning of continuing education activities; [71]
f) elects its own members to the management board and the institutional board;
g) discusses and approves the annual report on the institution's performance presented by the management board;
h) has the right to address political and trade union issues related to the profession.
2 The teaching staff draws up internal regulations for the institution, which must be approved by the Department for Cantonal Schools and by the municipalities, or by the consortium school delegations, for communal or consortium schools.
3 In post-compulsory cantonal institutions, the teaching staff expresses its opinion on the student plurilingualism program. [72]
[70] Sentence amended by Law of 22.3.2016; in force since 1.8.2016 - BU 2016, 239.
[71] Letter amended by Law of 23.2.2015; in force since 1.8.2015 - BU 2015, 205.
[72] Paragraph introduced by Law of 24.2.2021; in force since 1.6.2021 - BU 2021, 145.
1 In cantonal schools, teachers who teach in the same class form the class council. [73]
2 It is chaired by the class teacher.
3 The duties of the class council and the class teacher are defined by the regulations. [74]
[73] Paragraph amended by Law of 20.9.2004; in force since 17.12.2004 - BU 2004, 448.
[74] Entry into force of the paragraph: 2.9.1992 - BU 1993, 41.
1 The student assembly, subject to the reservations in the following paragraphs, is the plenary meeting of all students enrolled in an institution; it is the representative body of the students.
2 It is established starting from the second biennium of middle school.
3 Particular forms of assemblies may be adopted in part-time vocational schools.
1 The Student Assembly
a) formulates students' requests for the attention of other bodies of the institute;
b) expresses the students' opinion in consultations;
c) deliberates on matters referred to it by laws and implementing provisions;
d) designates its own representatives in school bodies open to students.
1 The parents' assembly is the meeting of all holders of parental authority over students enrolled in an institution.
2 It is established in every institution.
The Parents' Assembly
a) submits the requests of parents to the attention of the other bodies of the institution;
b) expresses the opinion of parents in consultations;
c) resolves on matters referred to it by laws and implementing provisions;
d) designates its own representatives in school bodies open to parents.
1 The parents of students in a class or groups of classes shall be convened at least once a year with the aim of fostering
a) mutual acquaintance between teachers, specialized school operators, and parents; [75]
b) information on curricula and teaching methods; [76]
c) the examination of particular class problems and the collaboration of parents in educational and didactic activities.
2 For the examination of particular problems of a class, or of multiple classes, meetings may also be called, starting from middle school, between the students of a class or multiple classes, with the participation of the interested teachers.
[75] Subparagraph amended by L 22.3.2016; in force since 1.8.2016 - BU 2016, 239.
[76] Subparagraph amended by L 22.3.2016; in force since 1.8.2016 - BU 2016, 239.
For all representative bodies of the components provided for by this law, the following provisions apply
a) the convocation must take place at least 10 days before the meeting, except in cases of urgency;
b) resolutions may only be passed on matters indicated in the notice of convocation;
c) the bodies may only deliberate if the absolute majority of their members is present, with the exception of the student assembly, for which the presence of at least 1/4 of the members is required, and the parent assembly, for which the presence of at least 1/5 of the members is required, with the possibility of reconvening on the same day and without limits on attendance;
d) decisions are taken by simple majority of the members present; elections are carried out according to the proportional system;
e) at the request of even a single member, elections must be carried out by secret ballot.
1 The teacher is entrusted, in the spirit of the school's aims, with the instruction and education of pupils and is called upon to participate in the management of the institute in which they operate.
2 Through effective cultural and didactic activity, the teacher must ensure the formation of pupils, foster the acquisition of knowledge, and promote its critical elaboration by stimulating the participation of young people in sociocultural renewal processes.
3 Teaching is a profession founded on study, research, didactics, and the transmission of knowledge, indissolubly linked to the teacher's constant cultural, scientific, and human formation. [77]
[77] Para. introduced by Law of 23.2.2015; in force since 1.8.2015 - BU 2015, 205.
1 Teachers are granted freedom of teaching and pedagogical autonomy, in compliance with the laws, implementing provisions, and curricula. [78]
2 Teachers must carry out their activities in observance of the rights of students, taking into account their age, the specific nature of the educational relationship, and the pluralistic character of the school.
[78] Para. amended by Law of 22.3.2016; in force since 1.8.2016 - BU 2016, 239.
[79] 1 Teaching authorisation is the recognition by the cantonal or federal authority of the capacity to practice the profession of teacher in the public schools of the Canton.
2 The Department of Education and Learning (hereinafter DFA) of the University of Applied Sciences and Arts of Southern Switzerland (hereinafter SUPSI) is responsible for conferring teaching authorisation, in accordance with the terms defined by the mandate from the Council of State. [80]
3 Teaching authorisation is, as a rule, valid for the school level or type for which it is obtained.
4 The recognition of authorisations conferred by third parties in accordance with federal laws or intercantonal or international agreements is reserved.
[79] Art. amended by L 17.3.2009; in force since 12.5.2009 - BU 2009, 202; previous amendment: BU 2002, 103.
[80] Para. amended by L 22.3.2016; in force since 1.8.2016 - BU 2016, 239.
[81] 1 The Department, respectively the municipalities and the consortium delegations with the support of the Department, taking into account the need for teachers and the availability of qualified teachers who have passed the recruitment test, annually decide the portion of teaching hours to be attributed to candidates admitted to the qualification at the DFA of SUPSI.
2 In the case of attribution of teaching hours, these are assigned by the appointing authority in the form of an appointment and for the entire duration of the qualification, without a public tender procedure; Articles 15 para. 1 and 16 lit. g) of the Law on the Organisation of State Employees and Teachers of March 15, 1995 are applicable.
3 Teachers in training are subject to the provisions of Article 8 of the same law.
[81] Art. modified by Law of 22.3.2016; in force since 1.8.2016 - BU 2016, 239; previous modification: BU 2013, 259.
… [82]
[82] Art. repealed by L 17.3.2009; in force since 12.5.2009 - BU 2009, 202; previous amendments: BU 2002, 103; BU 2008, 553.
51 ... [83]
[83] Articles repealed by Law 17.3.2009; in force from 12.5.2009 - BU 2009, 202.
[84] The employment relationship of cantonal, communal, and consortium teachers, and of directors and deputy directors of cantonal schools, is governed by the Law on the Status of State Employees and Teachers of 15 March 1995.
[84] Art. amended by Law of 22.3.2016; in force since 1.8.2016 - BU 2016, 239.
1 Parents are required to cooperate with the school in the performance of its educational duties.
2 For children subject to compulsory schooling and compulsory training, parents must ensure their regular attendance at school, respectively at the training activities provided for by school legislation. [85]
[85] Para. modified by Law of 27.5.2020; in force since 1.9.2021 - BU 2021, 204.
[86] 1 In the event of non-compliance with the obligations under Art. 53 para. 2, the municipalities are required to intervene within the scope of their powers according to the Municipal Organic Law of March 10, 1987.
2 In the event of inaction or ineffectiveness of the measures, they may impose fines of up to 1,000 francs.
3 In the case of persistent refusal, the situation is reported to the protection authorities.
[86] Art. amended by L 22.3.2016; in force since 1.8.2016 - BU 2016, 239.
[87] Parents have the right
a) to be informed about the academic situation of their children;
b) to be fully informed about the regulations of the Institute;
c) to submit observations to individual teachers or specialized school staff, or to the Institute's bodies, respectively, who are obliged to respond directly;
d) to request intervention from the school bodies or immediately superior school authorities against the decisions or actions of individual teachers, specialized school staff, or subordinate school bodies;
e) to participate in the life of the Institute according to the procedures established by Articles 41 et seq. of this law.
[87] Article amended by Law 22.3.2016; in force from 1.8.2016 - BU 2016, 239.
The pupils have the duty
a) to fulfill the obligations of school attendance; [88]
b) to maintain correct behavior in accordance with school regulations;
c) to dedicate themselves with commitment to school activities.
[88] Letter amended by L 27.5.2020; in force from 1.9.2021 - BU 2021, 204.
1 Disciplinary sanctions against students and the related procedure are established by the provisions for the application of special laws.
2 The student must be heard beforehand.
3 Absences attributable to the student in compulsory schools must, in serious cases, be reported to the municipality, which may request the intervention of the juvenile magistrate. [89]
[89] Sub-paragraph amended by Law of 22.3.2016; in force since 1.8.2016 - BU 2016, 239.
[90] 1 Pupils have the right to receive an education conforming to the aims of the school and their individual characteristics, with respect for their personality, freedom of conscience, and belief.
2 They also have the right
a) to be informed about their academic standing;
b) to obtain a correct and reasoned assessment of their academic performance;
c) to receive information regarding laws and regulations that concern them;
d) to request information and submit observations or requests for review to individual teachers or specialized school staff, or to the school's bodies, respectively, who are obliged to respond directly;
e) furthermore, limited to pupils in post-compulsory schools, to submit a request for intervention as per Art. 55 let. d);
f) to participate in the life of the institution according to the procedures established by Arts. 39 et seq. of this Law.
[90] Art. amended by Law of 22.3.2016; in force since 1.8.2016 - BU 2016, 239.
[91] 1 Disciplinary sanctions against persons subject to the obligation to undertake training and the related procedure are governed by the implementing provisions.
2 The person must be heard in advance.
[91] Art. introduced by the Act of 27.5.2020; in force since 1.9.2021 - FF 2021, 204.
[92] 1 Persons subject to mandatory education who attend a school, either full-time or as apprentices, are subject to Articles 56–58.
2 Other persons subject to mandatory education
a) must fulfill the commitments undertaken within the framework of this obligation;
b) have the right to exercise it in accordance with their individual characteristics, with respect for their personality and their freedom of conscience and belief;
c) have the right to be informed about their situation and about laws and regulations concerning them.
[92] Art. introduced by Law of 27.5.2020; in force since 1.9.2021 - BU 2021, 204.
… [94]
[94] Art. repealed by L 15.12.2011; in force since 1.8.2012 - BO 2012, 263; previous amendment: BO 2007, 708.
-62 … [95]
[95] Arts. repealed by Law 15.12.2011; in force from 1.8.2012 - BU 2012, 263.
… [96]
[96] Article repealed by Law 20.6.2013; effective from 1.7.2013 - BU 2013, 356; previous amendment: BU 2007, 708.
[97] 1 The pedagogical support service for kindergarten and primary school and the pedagogical support service for middle school are established. [98]
2 The services aim to
a) intervene in favor of pupils with significant learning difficulties and in situations of maladjustment, with the intention of promoting regular school attendance;
b) assist educational institutions, and in particular teachers, in their educational and teaching functions;
c) collaborate in promoting well-being at school.
3 The functioning of the services at different school levels is governed by special laws and implementing regulations.
[97] Article amended by Law of 19.10.2011; in force from the 2012-2013 school year - BU 2011, 579.
[98] Paragraph amended by Law of 22.3.2016; in force from 1.8.2016 - BU 2016, 239.
-65 ... [100]
[100] Art. repealed by L 4.2.1998; in force from 1.9.1998 - BU 1998, 332.
[101] 1 Every institution, as a rule, must possess a school library, primarily intended for the students.
2 For the purpose of integrating the function of school libraries, the Canton and the Municipalities may avail themselves of the service of the Bibliomedia Foundation.
3 School libraries depend on the school managements; the Department organizes the training of personnel, coordinates their management, and ensures technical consultancy.
[101] Art. amended by L 22.3.2016; in force since 1.8.2016 - BU 2016, 239; previous amendment: BU 1997, 404.
1 A cantonal center is established for the collection, production, and dissemination of pedagogical-didactic documentation, teaching aids, and school materials for teachers and institutions.
2 The Council of State may open regional sub-offices.
[102] Art. repealed by L 17.3.2009; in force from 12.5.2009 - BU 2009, 202; previous amendment: BU 2002, 103.
[103] 1 The Council of State, through its Department, promotes collaboration with Radiotelevisione svizzera di lingua italiana (RSI) concerning the provision of archived audiovisual documentation from RSI to the school sector.
2 Specific agreements shall define, from time to time, the tasks, respective responsibilities, and cost allocation, within the limits of the budget appropriations.
[103] Art. amended by Law of 23.2.2010; in force since 20.4.2010 – BU 2010, 144; previous amendment: BU 2004, 448.
The Canton promotes physical education in accordance with the provisions of federal legislation and in accordance with the implementing rules contained in a special law.
[107] 1 A service is established to promote the mobility and individual school exchanges of pupils, apprentices, and teachers, particularly with the aim of improving the learning of national languages, as well as language studies and professional traineeships outside the Canton, both in Switzerland and abroad.
2 The organization of the service and the instruments for supporting exchanges shall be regulated by the Council of State.
[107] Art. reintroduced by L 24.2.2021; in force since 1.6.2021 - BU 2021, 145; previous amendment: BU 2004, 246.
[109] 1 Italian language courses are organized in schools of all levels and grades for pupils of other languages who are unable to follow normal instruction.
2 To perform the tasks referred to in subsection 1, the Council of State hires language and integration teachers.
3 The staffing requirements for teaching personnel, their status, areas of activity, organizational methods for courses and activities, and financial matters are regulated by the Council of State via ordinance.
4 For interventions in communal schools, the municipalities pay the fees stipulated by the ordinance and ensure logistical arrangements and consumable materials; the ordinance provides for cases in which the municipality, through a multi-year agreement, may directly assume responsibility for organizing the courses and activities with financial support from the Canton.
[109] Art. amended by L 9.12.2019; in force since 1.8.2021 - BU 2020, 287; previous amendments: BU 1993, 399; BU 2016, 68.
79 ... [111]
[111] Arts. repealed by Law 4.2.1998; in force from 1.9.1998 – RO 1998, 332.
[113] **1** The Canton grants municipalities an annual contribution per municipal school section, which considers the various teaching activities. The reference amount for the contribution is defined annually by the Council of State and varies
a) for kindergarten sections with meal services;
b) for kindergarten sections without meal services;
c) for primary school sections.
**2** The Canton grants municipalities a specific contribution for each weekly teaching unit provided by support teachers and by substitute municipal teachers absent for continuing education. The amount is defined annually by the Council of State. [114]
**3** The Canton grants municipalities a specific contribution for training or research leave for municipal teachers, favorably pre-advised by the Council of State, which defines the amount annually.
**4** The Council of State may, through implementing provisions, foresee other specific contributions for other burdens of municipal schools that fall outside what is provided in the preceding paragraphs.
[113] Art. introduced by DL 16.12.2015; in force since 1.1.2016 - BU 2016, 68.
[114] Para. amended by L 9.12.2019; in force since 1.8.2021 - BU 2020, 287.
[115] 1 The contributions referred to in Article 79a are calculated based on the provisions of Article 11 of the Intermunicipal Financial Equalization Act of 25 June 2002.
2 The contributions shall be paid in three instalments in the months of February, July, and November of each year.
[115] Art. introduced by DL 16.12.2015; in force since 1.1.2016 - BU 2016, 68.
[116] Contributions calculated according to Arts. 79a and 79b are linearly reduced by a fixed quota per type of contribution, determined annually by the Council of State, it being understood that the sum of the fixed reduction quotas corresponds to a degressive percentage, starting from 22% and progressively decreasing to 13% of the total cantonal funding for municipal schools before the linear reduction.
[116] Art. amended by L 22.9.2020; in force since 1.8.2020 - BU 2020, 349; previous amendment: BU 2016, 68.
1 Private education is free within the limits of the Federal Constitution.
2 For pupils of compulsory school age, education must be imparted in Italian; the Council of State may authorise curricula that include the teaching of one or more subjects in another language. [118]
3 To meet the needs of families temporarily residing in the Canton, the Council of State may exceptionally authorise attendance of curricula in a language other than Italian; the Italian language must, however, be taught. [119]
Private nursery schools, primary schools and secondary schools, accredited and non-accredited [120]
[118] Para. amended by Law of 24.2.2021; in force since 1.6.2021 - BU 2021, 145.
[119] Para. introduced by Law of 24.2.2021; in force since 1.6.2021 - BU 2021, 145.
[120] Marginal note amended by Law of 7.11.2011; in force since 1.7.2015 - BU 2011, 651.
1 Private nurseries, primary schools and secondary schools may have the status of a recognized school or a non-recognized school. [121]
2 The status of a recognized school is granted to private schools whose requirements correspond to those of public schools.
[121] Paragraph amended by Law of 7.11.2011; in force since 1.7.2015 - BU 2011, 651.
1. Private kindergartens, primary schools, and secondary schools must pursue the aims of public schools and must provide their students with a general education of a level equivalent to that attainable in the corresponding grades of public schools. [122]
[122] Art. amended by Law of 7.11.2011; in force since 1.7.2015 - Official Bulletin 2011, 651.
1 The qualifications of teachers must be those required for teaching in public schools.
2 As for the qualifications of teachers, the curriculum, timetables, assessments, buildings, teaching furniture, and hygiene requirements, private education must comply with this law, special laws, and their respective regulations. [127]
[127] Par. amended by the L 22.3.2016; in force since 1.8.2016 - BU 2016, 239.
… [129]
[129] Art. repealed by L 23.2.2015; effective from 1.6.2015 - BU 2015, 194; previous amendment: BU 1993, 41.
[130] 1 Nursery schools, primary schools, and non-state-recognized middle schools are subject to the general supervision of the State.
b) transfer to compulsory public schools [131]
2 The transfer of pupils from nursery schools, primary schools, or non-state-recognized middle schools to compulsory public or state-recognized private schools is subject to an assessment test. [132]
[130] Art. amended by L 7.11.2011; in force from 1.7.2015 - BU 2011, 651.
[131] Marginal note amended by L 22.3.2016; in force from 1.8.2016 - BU 2016, 239.
[132] Para. amended by L 22.3.2016; in force from 1.8.2016 - BU 2016, 239.
1 The opening and operation of a private upper-secondary school preparing for the maturità examination are subject to authorization by the Council of State; the maturità examination is held in Switzerland, save for exceptions provided for in the regulations for preparatory schools that guarantee an adequate educational curriculum. [135]
2 Anyone intending to open a private upper-secondary school preparing for the maturità examination must submit an application to the Council of State, accompanied by an educational project, a financial plan, and the documents concerning the persons in charge of the school's management and the teachers, as provided for in the regulations. [136]
3 The building and premises where teaching is conducted must comply with the provisions of the Law on Health Promotion and Healthcare Coordination of April 18, 1989. [137]
4 Authorization is limited or revoked when the requirements are no longer met; the adequacy of the educational curriculum is verified solely for maturità preparatory schools whose examination is not held in Switzerland. [138]
5 The transfer of students from private upper-secondary schools preparing for the maturità examination to public upper-secondary schools is subject to passing admission examinations. [139]
[135] Paragraph amended by Law of 9.3.2020; in force since 1.1.2020 - BU 2020, 165.
[136] Paragraph amended by Law of 9.3.2020; in force since 1.1.2020 - BU 2020, 165; previous amendment: BU 2010, 513.
[137] Paragraph amended by Law of 22.3.2016; in force since 1.8.2016 - BU 2016, 239; previous amendment: BU 2004, 448.
[138] Paragraph amended by Law of 9.3.2020; in force since 1.1.2020 - BU 2020, 165.
[139] Paragraph introduced by Law of 9.3.2020; in force since 1.1.2020 - BU 2020, 165.
The establishment and operation of private vocational schools, as well as the recognition of final examinations, are governed by federal legislation on vocational education and training.
[140] International agreements concerning the opening in Switzerland of private schools recognized by foreign States are reserved.
[140] Art. introduced by Federal Act 9.3.2020; in force since 1.1.2020 - FF 2020, 165.
… [141]
[141] Article repealed by Law 7.11.2011; effective from 1.7.2015 - BU 2011, 651.
Students of private schools shall benefit free of charge from the school services provided for public schools
a) school and professional guidance;
b) …; [142]
c) school medical service;
d) school dental service.
Contribution for school materials [143]
[142] Subparagraph repealed by Law of 18.12.2003; in force from 1.9.2004 - Official Bulletin 2004, 246.
[143] Marginal note amended by Law of 16.12.2025; in force from 1.1.2026 - Official Bulletin 2026, 67.
[144] 1 The Canton shall pay an annual contribution for school materials to pupils domiciled in the Canton and of compulsory school age, who attend the last two years of kindergarten, primary schools, and private accredited middle schools in Ticino. [145]
2 For the recognition of the annual contribution – entirely borne by the Canton – the pupil’s domicile in Ticino on 1st November shall be determinative. [146]
[144] Art. introduced by Law of 3.6.2002; in force since the school year 2002/03 – BU 2002, 222.
[145] Par. amended by Law of 16.12.2025; in force from 1.1.2026 – BU 2026, 67; previous amendment: BU 2011, 651.
[146] Par. amended by Law of 22.2.2011; in force from 1.9.2011 – BU 2011, 238.
[147] For particular reasons of a psychological or physical nature, the Department may exceptionally authorize compulsory education provided at home, ascertaining and supervising that it complies with the requirements of the Federal Constitution, this Law, the implementing provisions, and the curricula.
[147] Art. amended by L 22.3.2016; in force since 1.8.2016 - BU 2016, 239.
[148] 1 For the processing of authorization applications under this title, as well as for special tasks of inspection, control, examination, and consultancy by the Department, fees and expenses shall be collected.
2 The fees must be commensurate with the extent and actual cost of the service provided, with a minimum of 200 francs and a maximum of 5,000 francs.
3 The Council of State shall establish in the regulations the amount and method of payment of individual fees.
[148] Art. introduced by L 9.3.2020; in force since 1.1.2020 - BU 2020, 165.
[149] Any person who violates the provisions of this title, in particular by arranging for or providing private tuition without authorization, shall be punished by the Council of State with a fine ranging from CHF 1,000 to CHF 10,000, in accordance with the Law on Procedure for Infringements of 20 April 2010. Criminal prosecution remains reserved.
[149] Art. amended by L 22.3.2016; in force since 1.8.2016 - BU 2016, 239; previous amendment: BU 2010, 260.
[152] 1 The competent Department, through the administrative units defined by the regulations, manages the database "Student management institution management" (GAGI), which serves
a) for the administrative and curriculum management of students;
b) for the administrative management of educational institutions and their central services;
c) to ensure the availability of certificates and diplomas for an adequate period of time;
d) to ensure the monitoring of the educational system for the steering of educational policies;
e) to support students in case of re-entry into the educational system after an interruption;
f) for research and statistical purposes.
2 The GAGI database contains the personal data necessary for the fulfillment of the legal tasks of the organs concerned, including data requiring special protection relating to health status, particular administrative decisions, disciplinary measures, as well as the family sphere if strictly necessary for the ordinary management of the school. It does not contain data of a criminal nature.
[152] Art. amended by L 18.2.2020; in force since 1.5.2020 - BU 2020, 163; previous amendments: BU 2015, 523; BU 2018, 336.
[153] By means of a retrieval procedure, the responsible bodies may make the following personal data accessible to the following categories of persons
a) those necessary for the performance of student management tasks to members of school and institutional management bodies as well as to their administrative staff; [154]
b) those necessary for the performance of student management tasks to teachers and substitute teachers;
c) those necessary for the performance of student management tasks to the individual departmental services; [155]
d) those necessary for the performance of system research or maintenance tasks to internal and external services entrusted with these duties.
Transmission of data to public bodies and private entities
[153] Art. introduced by Law of 12.10.2015; in force since 1.1.2016 - BU 2015, 523.
[154] Sub-paragraph modified by Law of 21.6.2018; in force since 1.9.2018 - BU 2018, 336.
[155] Sub-paragraph modified by Law of 21.6.2018; in force since 1.9.2018 - BU 2018, 336.
[156] 1 Personal data pertaining to pupils may only be transmitted to public bodies if the competent authority is authorized by law and if the data in the specific case are indispensable to the requesting body for the fulfillment of its legal duties, or if the data subject or their legal representative has given their free and informed consent in the individual case. [157]
2 The transmission of pupils’ personal data to private entities, including class lists, is only permissible if the competent authority is authorized by law, or if the data subject or their legal representative has given their free and informed consent. [158]
3 Data may be transmitted in anonymized form to third parties for statistical and research purposes on the basis of specific agreements.
Data Retention and Security
[156] Art. introduced by Law of 12.10.2015; in force from 1.1.2016 - BU 2015, 523.
[157] Para. amended by Law of 21.6.2018; in force from 1.9.2018 - BU 2018, 336.
[158] Para. amended by Law of 21.6.2018; in force from 1.9.2018 - BU 2018, 336.
[159] 1 Student data shall be stored for a maximum of 15 years from the end of their schooling career and thereafter only in anonymized form for statistical and educational research purposes; data requiring particular protection shall be stored for a maximum of 4 years from the conclusion of the respective school cycle and thereafter only in anonymized form for statistical and educational research purposes. [160]
2 School certificates and qualifications shall be stored for a maximum of 50 years from the end of the schooling career for the purpose of a request by the person who obtained them. [161]
3 The Department shall adopt the necessary technical and organizational measures to protect information systems against the loss, theft, unlawful processing, and consultation of data.
Supplementary Law and Implementing Provisions
[159] Art. introduced by Law of 12.10.2015; in force since 1.1.2016 - BU 2015, 523.
[160] Para. amended by Law of 18.2.2020; in force since 1.5.2020 - BU 2020, 163.
[161] Para. reintroduced by Law of 18.2.2020; in force since 1.5.2020 - BU 2020, 163; previous amendment: BU 2018, 336.
[162] 1 For data protection and security, the provisions of federal law and of this law, as well as the rules of the Data Protection Act of 9 March 1987, are applicable.
2 The Council of State shall define by regulation the detailed rules concerning, in particular, the categories of personal data processed, access rights, the recall procedure, the transmission of data to third parties, and security measures.
[162] Art. introduced by Law of 12.10.2015; in force since 1.1.2016 - BU 2015, 523.
[164] 1 Appeals against decisions of the cantonal school bodies and the bodies responsible for the management of institutions may be lodged with the Council of State.
2 The appeal does not have suspensive effect. [165]
[164] Art. amended by L 2.12.2008; in force since 27.1.2009 - BU 2009, 26.
[165] Para. introduced by L 22.3.2016; in force since 1.8.2016 - BU 2016, 239.
[166] 1 Appeals against decisions of the Department may be lodged with the Council of State.
2 The appeal shall not have suspensive effect.
[166] Article amended by Law of 2.12.2008; in force since 27.1.2009 - BU 2009, 26.
1 An appeal may be lodged with the Council of State against decisions of the municipalities and joint school delegations.
2 The appeal does not have suspensive effect. [167]
[167] Para. introduced by Law of 22.3.2016; in force since 1.8.2016 - BU 2016, 239.
[168] 1 An appeal against the decisions of the Council of State may be lodged with the Cantonal Administrative Court.
2 The appeal does not have suspensive effect.
[168] Art. amended by L 2.12.2008; in force since 27.1.2009 - BU 2009, 26.
[169] Recourse against decisions of the cantonal authorities concerning benefits and premiums of school insurance may be lodged with the Cantonal Insurance Court within 30 days of the notification of such decisions.
[169] Art. introduced by Law of 22.3.2016; in force since 1.8.2016 - BU 2016, 239.
[170] 1 In matters of evaluations, an appeal may be filed only against final or examination evaluations.
2 In kindergarten and elementary schools, an appeal may be filed with the school inspectorate; in all other schools, an appeal may be filed with the management of the educational institution.
3 Against the decisions of the school inspectorate and the management of the educational institution, an appeal may be filed with the Council of State, whose decision may be challenged before the Cantonal Administrative Court.
4 Appeals against evaluations of final apprenticeship examinations are governed by the Law on School and Professional Orientation and on Professional and Continuing Education of 4 February 1998.
5 There are no recesses in procedures against school evaluations. The appeal does not have suspensive effect.
[170] Art. amended by L 22.3.2016; in force from 1.8.2016 - BU 2016, 239; previous amendment: BU 2009, 26.
[171] Recourse to appeals is governed by the Law on Administrative Procedure of September 24, 2013; the appeal period is fifteen days.
[171] Art. amended by L 22.3.2016; in force since 1.8.2016 - BU 2016; previous amendments: BU 2009, 26; BU 2013, 474; BU 2015, 194.
[172] 1 Special laws or school regulations may provide for a complaint procedure, which is free of charge.
2 A complaint against a decision must be submitted in writing within 15 days of its receipt to the authority that issued it; the decision on the complaint must be reasoned.
[172] Art. introduced by Law of 22.3.2016; in force from 1.8.2016 - BU 2016, 239.
[174] Two years after the entry into force of the amendments referred to in Art. 23a of this Law and upon the expiry of a further two-year period, the Council of State shall carry out an evaluation of civics education and transmit its outcome to the Grand Council.
[174] Art. reintroduced by L 24.9.2017; in force since 13.10.2017 - BU 2017, 339; previous amendment: BU 2016, 239.
The School Act of May 29, 1958, the Secondary School Act of October 21, 1974, the Upper Secondary Schools and Higher Technical School Act of May 26, 1982, Legislative Decree concerning the establishment, with headquarters in Bellinzona, of a secondary technical school for the training of electromechanical technicians, of February 21, 1973, Legislative Decree concerning the establishment of preparatory commercial schools, of March 22, 1983, Legislative Decree concerning the establishment of a Cantonal School preparatory to civil aviation careers, of March 15, 1983, Legislative Decree concerning the establishment of the Cantonal Propedeutic School for health and social professions in Lugano, of February 2, 1976, Legislative Decree on the Cantonal School for Clothing Technicians in Lugano, of June 18, 1984, Legislative Decree concerning the establishment of the Cantonal Hotel Secretarial School in Bellinzona, of November 5, 1984, Legislative Decree concerning the establishment of the Training Course for Management Information Systems Programmer-Analyst at the Cantonal School of Commerce in Bellinzona, of June 23, 1986, are amended as follows: [176]
[176] The amendments are incorporated into the aforementioned legislative acts.
Once the deadlines for the exercise of the right to a referendum have passed, the present law shall be published in the Official Bulletin of Laws and Executive Acts.
The Council of State shall fix the date of its entry into force. [177]
[177] Entry into force: September 2, 1991 - OB 1991, 287.