Legislator Case Law & Legislation
400.110 RLSC CH-TI

School Law Regulation (RLSc) (RLSC)

110 Articles / Provisions · Switzerland · Canton of Ticino
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Table of Provisions (110)

Statutory Text (110 Articles)

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[3] 1 The Department of Education, Culture and Sport (hereinafter the Department) is responsible for the application of the School Law of February 1, 1990 (hereinafter the Law) and the present regulations.

2 The subordinate administrative units generically designated in these regulations are

a) by the term Divisions: the School Division and the Vocational Training Division;

b) by the term teaching and training sections: the Section for Municipal Schools, the Section for Secondary Education, the Section for Special Pedagogy, the Section for Upper Secondary Education, the Section for Industrial, Agricultural, Craft and Artistic Training, the Section for Commercial and Service Training, the Section for Health and Social Training and the Office for Continuing Education and Innovation. [4]

[3] Art. modified by D 1.7.2014; in force since 1.9.2014 - OF 2014, 340.

[4] Let. modified by D 13.12.2017; in force since 1.1.2018 - OF 2017, 462.

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[5] **Decision-making powers concerning current expenditure are allocated as follows:**

a) to the head of section or the CRB manager up to CHF 10,000.–; [6]

b) to the head of division for amounts exceeding CHF 10,000.– and up to CHF 30,000.–;

c) to the Department Director for amounts exceeding CHF 30,000.– and up to CHF 100,000.–;

d) to the State Council for amounts exceeding CHF 100,000.–.

[5] Art. amended by R of 23.12.2014; in force since 30.12.2014 - BU 2014, 594; previous amendments: BU 1994, 607; BU 2014, 340.

[6] Let. amended by R of 13.12.2017; in force since 1.1.2018 - BU 2017, 462.

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[7] The specific provisions concerning attendance at compulsory schools and the training obligation are established in special laws and their respective implementing regulations.

[7] Art. amended by R 26.5.2021; in force since 1.9.2021 - BU 2021, 174; previous amendments: BU 1994, 607; BU 2014, 340 and 594.

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[8] 1 Students domiciled in Ticino are admitted to cantonal schools; in case of doubt, a certificate from the Municipality of domicile is required.

2 Residence in Ticino authorized according to the provisions on foreign police matters is assimilated to domicile.

3 Students domiciled outside the Canton may be exceptionally admitted, taking into account the reasons invoked and weighing them against the burden imposed on the educational institution; for foreigners, the authorization as per para. 2 is also required.

4 The admission of non-domiciled persons is authorized by the Divisions for their respective schools, jointly with the decision on the fee, subject to the right to object and the right to appeal to the Council of State.

b) fees [9]

(Art. 4 and 7 para. 1 bis Lsc)

[8] Art. modified by R 23.12.2014; in force from 30.12.2014 - BU 2014, 594; previous modifications: BU 1994, 607; BU 2009, 179; BU 2012, 282; BU 2014, 340.

[9] Marginal note modified by R 12.5.2021; in force from 1.6.2021 - BU 2021, 166; previous modification: BU 2014, 340.

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[10] **1** For the admission of non-domiciled persons, the following annual fee shall be levied

a) secondary school CHF 8,250.–;

b) upper secondary schools and full-time basic vocational schools CHF 16,500.–;

c) special schools CHF 48,400.–;

d) nursery and primary schools: the fee is decided by the Municipal Council. [11]

**2** Agreements with other Cantons or countries are reserved.

**3** The fee may be reduced at discretion, particularly in the case of visiting students within the framework of school exchanges; within the framework of individual student exchanges between Cantons, provided that the same principle is applied by the partner Canton, the fee shall not be levied for students from the partner Canton who attend school for a maximum of one year. [12]

[10] Art. amended by Reg. 23.12.2014; in force since 30.12.2014 - BO 2014, 594; previous amendments: BO 2014, 53 and 340.

[11] Para. amended by Reg. 18.12.2024; in force since 1.7.2025 - BO 2024, 348.

[12] Para. amended by Reg. 12.5.2021; in force since 1.6.2021 - BO 2021, 166.

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[13] The Department may enter into agreements providing for collaborations between schools in Ticino and schools in other Cantons or foreign schools when such collaborations are in the interest of students and the school system.

[13] Art. modified by R 23.12.2014; in force since 30.12.2014 - BU 2014, 594; previous modification: BU 2014, 340.

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[14] The approval of curricula and study plans for professional schools, to the extent not provided for by federal norms, falls within the competence of the Department.

[14] Art. amended by R 23.12.2014; in force since 30.12.2014 - BU 2014, 594; previous amendment: BU 2014, 340.

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[15] 1 In addition to the Department, the cantonal school authorities and the authorities of the institutions, teaching associations, associations of teachers of specific school levels or subjects, and specially constituted groups of teachers may propose experiments and innovations.

2 For the study of proposals, the Department may establish working groups with reference to the provisions of the regulation concerning commissions, working groups, and representations to bodies appointed by the Council of State of 6 May 2008. [16]

[15] Art. amended by R 1.7.2014; in force since 1.9.2014 - BU 2014, 340; previous amendments: BU 2002, 195; BU 2012, 282.

[16] Para. introduced by R 5.9.2018; in force since 1.9.2018 - BU 2018, 341.

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[17] **1** Proposals for innovation and experimentation must be submitted to the competent bodies designated by law (Council of State, Department, cantonal school bodies), which examine them, take a position on them and, if necessary, develop or have the relevant project developed.

**2** Proposals concerning individual institutions submitted to the competent bodies shall be pre-approved by the management bodies of the institutions concerned.

[17] Art. amended by R 1.7.2014; in force since 1.9.2014 - BU 2014, 340.

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1 Proposals must indicate

a) the reasons underlying the project;

b) the description of the project and its objectives;

c) the beneficiaries;

d) the methods and techniques of implementation;

e) the timelines for realization;

f) any derogations from provisions of laws or executive acts;

g) the number of lesson-hours necessary for its realization;

h) the forms of assistance required;

i) the modalities of verification and evaluation;

l) the prospects for extension or generalization;

m) any expenses for equipment, materials, travel, etc.;

n) the names of those responsible.

2 The obligation to adhere to these provisions concerns only proponents who may be authorized to undertake the experimental activity directly; in other cases, proposals must include at least what is established by letters a), b), and c) of the preceding paragraph.

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Annually, the principal investigators of each experiment submit a descriptive and evaluative report to the authority or body that authorized it.

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An eventual revocation generally occurs at the end of the school year.

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[18] The granting of the temporary derogation provided for in Art. 13 para. 3 lett. b) of the law falls within the remit of the Divisions.

[18] Art. amended by R 1.7.2014; in force since 1.9.2014 - BU 2014, 340; previous amendment: BU 2003, 369.

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[19] The granting of the exceptions provided for by Art. 15 para. 6 of the Law falls within the competence of the respective teaching and training sections; an appeal may be lodged with the section that granted the exception.

[19] Art. modified by R 13.12.2017; in force since 1.1.2018 - BU 2017, 462; previous amendments: BU 2003, 369; BU 2014, 340.

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[20] The definition of the frequency areas provided for by Art. 16 of the Law falls under the competence of the Department; a right of appeal to the same Department is granted.

[20] Art. modified by R 1.7.2014; in force since 1.9.2014 - BU 2014, 340; previous modification: BU 2003, 369.

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… [21]

[21] Art. abrogated by R 1.7.2014; in force since 1.9.2014 - BU 2014, 340.

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[22] The composition of the institute management is that established by Art. 27 para. 1 of the law.

[22] Art. amended by R 1.7.2014; in force since 1.9.2014 - BU 2014, 340.

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1 The specific duties of the director are established by Art. 29 of the law. [23]

2 The work of pedagogical-didactic supervision and consultancy concerns

a) teaching, especially in its general pedagogical aspects;

b) relationships among the components of the institution;

c) participation in the life of the institution;

d) compliance with the norms governing the employment relationship of school staff. [24]

3 With regard to teaching, subject to the powers of the cantonal school bodies, the director

a) ensures contributions and verifications of teachers' activities through lesson observation, interviews, and examination of teaching documentation and annual work plans;

b) provides particular assistance to newly hired teachers;

c) requests, when necessary, the intervention or collaboration of the cantonal school bodies provided for by Art. 11 of the law. [25]

[23] Para. amended by R 1.7.2014; in force from 1.9.2014 - BU 2014, 340.

[24] Sub-para. amended by R 12.7.2016; in force from 1.8.2016 - BU 2016, 345.

[25] Sub-para. amended by R 1.7.2014; in force from 1.9.2014 - BU 2014, 340.

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1 The director must possess the qualifications required for employment in the grade and order of the school they direct, teaching certification, as a rule at least 4 years of teaching experience, and any other requirements indicated in the public competition announcement, requested by the specific character of certain institutions.

2 In the absence of certification, the appointed director is obliged to obtain it.

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1 The teaching load of the director is generally at least 4 lesson-hours per week.

2 The Department may grant exemption for reasons relating to the situation of the institution or for the execution of special tasks.

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The director who ceases or leaves their function has the right to resume teaching in the institution if this is possible, taking into account their length of service and with precedence over teachers who entered the institute later.

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The deputy director collaborates with the director in carrying out their functions and, in the event of the director's absence or impediment, assumes their duties and responsibilities.

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1 The vice-director must possess the qualifications required for appointment to the grade and school level in which they operate, teaching certification, and, as a rule, at least 4 years of teaching experience.

2 In the absence of teaching certification, the appointed vice-director is required to obtain it.

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[26] 1 The function of deputy director in secondary school institutions entails a reduction of the weekly teaching load by 5 lesson-hours, plus one lesson-hour for every 65 students or residual fraction of at least half of this number, up to a maximum of 12 lesson-hours.

2 The function of deputy director in special school institutions entails a reduction of the weekly teaching load by 16 lesson-hours.

3 The reduction of the weekly teaching load for deputy directors of post-compulsory education institutions is included in the directorial hourly allocation of the latter, as per Art. 20.

4 The modalities for the deputy director's return to teaching are those provided for the director.

[26] Art. amended by R 23.5.2018; in force from 1.8.2018 - BU 2018, 190; previous amendments: BU 2007, 695; BU 2016, 346.

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[27] 1 Every middle school and special school institution has a deputy director.

2 The number of deputy directors of institutions in the post-compulsory sector depends on their allocated management hours, as referred to in Art. 20.

[27] Art. modified by R 23.5.2018; in force from 1.8.2018 - BU 2018, 190; previous modifications: BU 2003, 369; BU 2016, 346.

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[28] 1 The teaching staff college elects the members of the steering committee within its purview; the designation is ratified by the Council of State.

2 Candidates for the position of member of the steering committee must be appointed or contracted teachers working at least half-time, have at least 3 years of teaching experience, and have their place of service at the relevant location.

3 The total activity carried out by the members of the steering committee elected by the teachers must be equivalent to at least 3/4 of a full-time teaching workload.

[28] Art. amended by R 23.5.2018; in force from 1.8.2018 - BU 2018, 190.

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[29] 1 Every middle school and special school institution has two members of the management board elected by the teachers.

2 The number of members of the management board elected by the teachers of post-compulsory education institutions depends on the management hour allocation of the latter, as per Art. 20.

[29] Art. amended by R 23.5.2018; in force since 1.8.2018 - BU 2018, 190.

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[30] 1 The function of a member of the management board elected by teachers in middle schools entails a reduction in the weekly teaching hours of 2 lesson-hours, plus one lesson-hour for every 68 students or residual fraction of at least half of this number, up to a maximum of 9 lesson-hours.

2 The function of a member of the management board elected by teachers in special education institutions entails a reduction in the weekly teaching hours of 8 lesson-hours.

3 The reduction of weekly hours for members of the management board elected by teachers in post-compulsory education institutions is included in the management hour allocation of the latter, as per Art. 20.

4 At the end of their mandate, members of the management board elected by teachers are reinstated in the position they held at the beginning of the mandate, with precedence over teachers who subsequently joined the institution. [31]

[30] Art. amended by R 23.5.2018; in force from 1.8.2018 - BU 2018, 190.

[31] Para. introduced by R 22.8.2018; in force from 24.8.2018 - BU 2018, 329.

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[32] 1 The institutions of the post-compulsory sector shall have a management hour allocation which includes reductions in the weekly teaching hours of directors, deputy directors, and members of the management board elected by the teaching staff; it considers the positive or negative balance of the director in relation to the 4 lesson hours referred to in Art. 11.

2 The management hour allocation shall be 25 basic lesson hours for each institution; in addition to the basic allocation, the Department shall assign to each individual institution, according to its needs, a number of hours up to a maximum total of 36 lesson hours for each institution in the entire post-compulsory sector.

3 The management hour allocation shall be defined by the Department every two years, before commencing the procedure for the designation of management board members elected by the teaching staff who will take office for the new four-year term.

4 In the case of institutions or professional centres with particular needs, the Department may derogate from the parameters indicated in paragraphs 2 and 3.

[32] Art. amended by R 23.5.2018; in force from 1.8.2018 - BU 2018, 190; previous amendment: BU 2007, 695.

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[33] 1. In the context defined by the preceding provisions, before commencing the procedure for the appointment of the members of the steering committee elected by the teaching staff who will take office for the new two-year period, the steering committees of institutions in the post-compulsory sector shall decide, with the approval of the competent Division, the distribution of reductions in the weekly teaching hours among the vice-directors and the members of the steering committee elected by the teaching staff; this shall take into account the director's positive or negative balance with respect to the 4 teaching hours referred to in Art. 11.

2. Analogously to what is provided for in paragraph 1, the steering committees of middle schools and special schools may decide, with the approval of the School Division, a different distribution of reductions in the weekly teaching hours for vice-directors and members of the steering committee elected by the teaching staff.

[33] Art. amended by R 23.5.2018; in force since 1.8.2018 - BU 2018, 190; previous amendment: BU 2007, 695.

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[34] 1 The management board may request the Division to convert teaching hours allocated to vice-directors and members of the management board elected by teaching staff into working hours for administrative personnel with the aim of strengthening secretarial work.

2 The conversion shall not generate additional costs and shall be established for a fixed term; to determine the degree of employment of the administrative personnel referred to in subsection 1, the financial burden of the converted teaching hours, according to modalities defined by the Department, shall be authoritative.

3 The administrative personnel shall be employed under the mandate status provided for in Art. 15 of the Law on the Organisation of State Employees and Teaching Staff of 15 March 1995.

[34] Art. introduced by R 23.5.2018; in force since 1.8.2018 - BU 2018, 190.

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… [35]

[35] Art. repealed by R 22.8.2018; effective from 24.8.2018 - BU 2018, 329.

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[36] Referring to Art. 9 of the Regulation on teaching load of lecturers of 23 May 2018, the actual duration of the activity of deputy director, or of member of the management board elected by the lecturers, is obtained by multiplying the number of teaching hours of reduction granted by the coefficients specific to each level or type of school based on regulations established by the Department.

[36] Art. amended by R 22.8.2018; in force since 24.8.2018 - BU 2018, 329.

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1 The duties of the Executive Board are defined by Art. 35 of the Law. [37]

2 The allocation of duties within the Executive Board is decided by the Executive Board itself.

[37] Para. amended by R 1.7.2014; in force since 1.9.2014 - BU 2014, 340.

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[38] 1 Teachers and other school personnel can be, in their own right, members of only one collegial body; the place of service determines this.

2 School personnel within the meaning of para. 1 include school and career counselors, librarians, speech therapists, psychomotor therapists, curricular differentiation operators, educators, and non-teaching staff responsible for managing difficult cases; when they operate in multiple locations, the Department defines the institution of which they are members of the teaching staff.

3 Teachers and other school personnel who do not have their place of service at the institution, as well as special school teachers working at the location, may participate in collegial meetings in an advisory capacity, subject to their teaching commitments.

4 The director and deputy director are members of the teaching staff.

[38] Art. amended by R 12.7.2016; in force since 1.8.2016 - BU 2016, 345.

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[39] The duties of the teaching staff council are defined by Article 37 of the law. Specific duties may be provided for by the internal regulations of the institution.

[39] Art. amended by R 1.7.2014; in force from 1.9.2014 - BU 2014, 340.

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1. The faculty board designates, at the beginning of each school year, a president who is responsible for chairing the meetings; he or she may be assisted by a vice-president and a secretary.

2. The offices referred to in the preceding paragraph are incompatible with that of a member of the management council.

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1 The teaching staff committee meets at least twice a year.

2 Attendance at meetings is compulsory for members of the committee.

3 As a rule, meetings take place outside of teaching hours. Meetings during teaching hours are only permitted from 4:30 PM onwards; in exceptional cases, the teaching and training sections may grant derogations. [40]

[40] Para. amended by R 13.12.2017; in force since 1.1.2018 - BU 2017, 462; previous amendments: BU 2003, 369; BU 2014, 340.

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A representation of the other components of the school may be invited by the collegial body to participate in the sittings without the right to vote; the number of representatives and the modalities of participation are determined by the internal regulations of the institution.

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1 The faculty board is convened by the director either on his/her own initiative or at the request of the steering committee or of at least 1/5 of the members of the board, after consulting the president.

2 The convocation must take place at least 10 days before the session, except in cases of urgency; the convocation shall be accompanied by the agenda.

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1. The board may only deliberate if a majority of its members are present.

2. In the absence of a quorum for deliberation, the board shall be reconvened within two weeks.

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1. Deliberations may only take place on matters indicated in the agenda; in urgent cases, at the beginning of the session, the board may include new items with the prior consent of an absolute majority of the members present.

2. Decisions are taken by a simple majority of the members present; elections are conducted according to the rules established by the internal regulations of the institution.

3. At the request of even a single member, elections must be conducted by secret ballot.

4. Minutes shall be drawn up for every session.

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[41] For special schools, the provisions of the Special Education Regulations of June 14, 2017 shall apply.

[41] Art. modified by R 18.12.2024; in force since 1.7.2025 - BU 2024, 348; previous amendments: BU 2003, 369; BU 2014, 340.

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1 The composition of the management of communal and consortial institutes is the responsibility of the municipal council, respectively the consortial school delegation, based on the possibilities indicated in Art. 27 para. 3 and 4 of the law. [43]

2 The related costs are entirely borne by the appointing authority.

[43] Para. modified by R 1.7.2014; in force since 1.9.2014 - BU 2014, 340.

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1 The specific duties of the director are established by Art. 31 of the law; in institutions where a management board does not exist, the director also assumes the duties set out in Art. 35 of the law. [44]

2 The director also

a) coordinates the organization of services and extracurricular activities; [45]

b) coordinates the utilization of school infrastructure.

[44] Para. amended by R 1.7.2014; in force from 1.9.2014 - BU 2014, 340.

[45] Sub-para. amended by R 3.6.2015; in force from 1.8.2015 - BU 2015, 286.

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The pedagogical-didactic supervisory and advisory work concerns

a) educational activities and teaching;

b) relationships with pupils and parents;

c) the life of the institution;

d) compliance with the rules governing the employment relationship of school staff. [46]

[46] Lit. modified by R 12.7.2016; in force since 1.8.2016 - BU 2016, 345.

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As regards educational activities and teaching, the director

a) collaborates with the inspectorate, undertaking the pedagogical-didactic tasks assigned to him by the inspectorate based on cantonal directives; [47]

b) provides particular assistance to newly appointed teachers;

c) requests, when necessary, the intervention or collaboration of the cantonal school bodies as provided for by Art. 11 of the Law. [48]

[47] Subparagraph amended by R of 1.7.2014; in force since 1.9.2014 - BU 2014, 340.

[48] Subparagraph amended by R of 1.7.2014; in force since 1.9.2014 - BU 2014, 340.

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1 The director must hold an academic degree or a teaching qualification for primary schools or kindergartens. [49]

2 He must also generally possess at least 4 years of teaching experience and any other requirements, indicated in the public competition announcement, that are demanded by the specific nature of certain institutions.

[49] Paragraph amended by R 1.7.2014; in force from 1.9.2014 - BU 2014, 340; previous amendment: BU 2001, 370.

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[50] 1 The director may be employed full-time or part-time, not less than half-time.

2 In the event of part-time employment, they may not assume the role of regular teacher or special subjects teacher in the institution of which they are director. [51]

[50] Transitional provision

[51] Para. introduced by R 3.6.2015; in force since 1.8.2015 - BU 2015, 286.

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The deputy director collaborates with the director in carrying out their functions and, in the event of the director's absence or impediment, assumes their duties and responsibilities.

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1. The deputy director must possess the qualifications indicated in Article 37, paragraph 1 of these regulations.

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The number of vice-directors of a municipal or inter-municipal institution is decided by the municipal council, respectively by the inter-municipal school delegation.

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The establishment of the board of directors is the responsibility of the municipality, or respectively, the joint school delegation.

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1 The faculty board elects its members of the board of directors; the designation is ratified by the appointing authority.

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[54] The number of members elected by the faculty is determined by the appointing authority, subject to the provisions of Art. 34 para. 1 of the law.

[54] Art. amended by R 1.7.2014; in force since 1.9.2014 - BU 2014, 340; previous amendment: BU 1996, 417.

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1 The role of a member of the management board entails

a) a weekly reduction in teaching load, or [55]

b) in the case of a part-time lecturer, an additional assignment. [56]

2 If the provisions of para. 1 are not possible, the appointing authority shall pay adequate compensation.

3 The provisions set out in Art. 22 apply. [57]

[55] Subparagraph amended by Regulation of 26.6.2012; in force since 1.8.2012 - BO 2012, 282.

[56] Subparagraph amended by Regulation of 26.6.2012; in force since 1.8.2012 - BO 2012, 282.

[57] Paragraph amended by Regulation of 22.8.2018; in force since 24.8.2018 - BO 2018, 329.

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1. For the replacement of tenured and co-tenured teachers elected to the management board who benefit from a reduction in their teaching load, the appointing authority shall proceed by annual appointment, following a competitive examination.

2. … [58]

3. At the end of their mandate, the members of the management board elected by the teachers shall be reinstated in the position they held at the beginning of their mandate as members of the management team, with precedence over teachers who subsequently joined the institution.

[58] Para. abrogated by R 6.11.2001; in force since 1.7.2002 - BU 2001, 370.

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… [59]

[59] Art. repealed by R 1.7.2014; in force from 1.9.2014 - BU 2014, 340; previous amendment: BU 2012, 282.

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The provisions of Article 23 of this regulation shall apply.

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The provisions set forth in Articles 24 to 31 of this regulation are applicable.

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… [61]

[61] Art. repealed by R 11.11.2003; in force from 25.11.2003 - BU 2003, 369.

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[62] In cantonal schools, the teachers who teach mandatory subjects in the same class form the class council.

[62] Art. amended by R 11.11.2003; in force since 25.11.2003 - BU 2003, 369.

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The class council has the following duties

a) ensures mutual information among teachers and promotes initiatives for the coordination of teachings and the planning of class activities;

b) examines the results achieved by students at the end of each school period and discusses the overall performance of the class and each student; communicates to families, students, and employers, as appropriate, the results achieved at the end of each period;

c) examines the difficulties that students encounter in school life and proposes possible remedies;

d) examines individual and collective cases submitted to it;

e) makes, chaired by the director, the appropriate decisions at the end of the year regarding the promotion of students from one class to the next and the issuance of final certificates; particular provisions for post-compulsory schools are reserved. [63]

[63] Letter amended by R 1.7.2014; in force from 1.9.2014 - BU 2014, 340.

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1 The class council meets

a) at the beginning of the school year;

b) at the end of each school period;

c) at the end of the school year.

2 The class council may also be convened, as needed, by the director, the steering committee, or the class teacher, or at the request of at least 1/5 of the class teachers.

3 As a rule, meetings take place outside of lesson time. Meetings during lesson time are permitted only from 16:30 onwards; in exceptional cases, the teaching and training sections may grant derogations. [64]

[64] Para. amended by R 13.12.2017; in force from 1.1.2018 - BU 2017, 462; previous amendments: BU 2003, 369; BU 2014, 340.

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1 Participation in class council meetings is mandatory for teachers of compulsory subjects.

2 The participation of teachers of optional and elective subjects and specialized school operators is defined in the regulations of special laws. [65]

[65] Par. amended by R 12.7.2016; in force since 1.8.2016 - BU 2016, 345.

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The convocation of the class council must take place at least 10 days before the meeting, except in urgent cases; the convocation is accompanied by the list of matters to be discussed.

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1 In the case of decisions regarding student promotion, the class council may only deliberate if all its members are present.

2 Should absences occur due to *force majeure*, deliberations will only take place if, in the opinion of the school administration, the conditions for a correct decision exist. [66]

3 Teachers assembled to decide on a student's promotion cannot abstain from voting; secret ballots are not permitted.

4 Minutes shall be drawn up of the decisions taken.

[66] Par. amended by R 1.7.2014; in force since 1.9.2014 - BU 2014, 340.

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[67] 1 For every class in middle schools and post-compulsory schools, a class teacher is assigned.

2 As a rule, a teacher in middle schools and post-compulsory schools is assigned only one class tutorship; in vocational schools with company apprenticeships, the same teacher may be assigned multiple class tutorships, according to proportionality criteria.

3 The class teacher is granted the reduction in teaching hours provided for by the implementing regulations of special laws.

[67] Art. modified by R of 1.7.2014; in force since 1.9.2014 - BU 2014, 340; previous modification: BU 2003, 369.

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The duties of the class teacher are

a) to convene and chair the class council, except in the case referred to in Art. 52 letter e) of these regulations;

b) to ensure the proper functioning of the class and maintain contact with families and, in schools for apprentices, with training masters;

c) to verify the overall workload of students, particularly with regard to in-class assessments and homework;

d) to evaluate the academic problems of individual students and make themselves available to help them resolve them;

e) to oversee the drafting of periodic school evaluation reports for students;

f) to collaborate with the school and career counselor, with the Pedagogical Support Service, and with other services.

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1 Starting from middle school, teachers form groups for each subject or for related subjects. As a rule, these groups are constituted per institution.

2 The tasks and operating procedures are defined in the regulations of special laws.

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[68] 1 From the second biennium of middle school, students shall form an assembly.

2 The formation shall take place after students have been informed by the institute management.

3 The organs of the assembly shall promptly inform the institute management of the decisions adopted.

4 Meetings may also take place during lesson time; in such cases, a maximum of 10 lesson hours per year may be used.

5 For vocational schools with company apprenticeships, the implementing regulations of special laws may provide for particular operational modalities for the assembly.

[68] Art. amended by R 1.7.2014; in force from 1.9.2014 - BU 2014, 340.

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The student assembly is governed by regulations adopted by the assembly itself; these are approved by the board of directors.

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1 Students of one class or multiple classes may be gathered to examine and discuss school and extracurricular problems of the class or classes themselves.

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[69] 1 The parents of the pupils shall form an assembly.

2 The formation shall take place after the parents have been informed by the school administration.

3 The organs of the assembly shall promptly inform the school administration of the decisions adopted.

[69] Art. amended by R 1.7.2014; in force since 1.9.2014 - BU 2014, 340.

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1 The parents' assembly is governed by regulations adopted by the assembly itself; these are approved

a) by the board of directors for cantonal institutions; [70]

b) by the inspectorates for other municipal institutions and for special schools. [71]

2 All holders of parental authority have the right to vote.

[70] Sub-paragraph amended by R 11.11.2003; in force since 25.11.2003 - BU 2003, 369.

[71] Sub-paragraph amended by R 1.7.2014; in force since 1.9.2014 - BU 2014, 340.

RLSc

1 The institute council is established when there is consent from the following bodies

a) in cantonal schools: from the management council, the teaching staff, the parents' assembly, and the students' assembly; [72]

b) in pre-schools and elementary schools: from the teaching staff, the parents' assembly, the municipality or the consortial school delegation and, depending on the case, the management council or the institute management. [73]

**2 Consent is expressed upon request from the management, following adequate information provided to the components.**

[72] Subparagraph amended by R 11.11.2003; in force from 25.11.2003 - BU 2003, 369.

[73] Subparagraph amended by R 1.7.2014; in force from 1.9.2014 - BU 2014, 340.

RLSc

[74] The duties assigned to the school board are defined by Art. 26 of the Law.

[74] Art. amended by Decree 1.7.2014; in force since 1.9.2014 - BU 2014, 340.

RLSc

The representatives of teachers, parents, and students are elected for one school year by their respective assemblies within the first six weeks of school and are always eligible for re-election.

RLSc

1 When an institution admits pupils from one to three municipalities, the designation of the 3 municipal representatives on the institutional council is made by the respective municipal councils. Each municipality, regardless of the number of pupils attending the institution, must be represented by at least one member.

2 When an institution admits pupils from more than three municipalities, the designation of the 3 municipal representatives on the institutional council is made by drawing lots from among the municipalities that have submitted their candidature. In any case, the representative of the municipality where the institution is located is a de jure member.

3 For middle schools, the municipal representatives are chosen by the Intermunicipal School Commission from among its members.

4 Municipal representatives are designated within the first six weeks of school, remain in office for two years, and are always eligible for re-election.

RLSc

1 At the first meeting of the school year, the school board elects from among its members the president and the secretary; they remain in office for one year and are eligible for re-election.

2 Minutes shall be drawn up for every meeting.

RLSc

1 The school council is convened by the president

a) on the initiative of the president himself;

b) on the initiative of the steering committee;

c) on the initiative of one-third of its members;

d) on the initiative of the Department.

2 The first meeting of the school year is directly convened by the steering committee.

RLSc

[75] 1 The common provisions indicated in Art. 44 of the law apply to the following bodies

a) student assembly;

b) parent assembly;

c) institute council.

2 The possibility of reconvening according to Art. 44 lett. c) of the law applies only to the parent assembly.

[75] Art. amended by R 1.7.2014; in force since 1.9.2014 - BU 2014, 340.

RLSc

… [76]

[76] Article repealed by R 22.1.2014; in force from 24.1.2014 - BU 2014, 53; previous amendment: BU 2003, 369.

RLSc

[77] Within one year of its establishment, each institute must adopt internal regulations, previously submitted for consultation to its components, the approval of which falls to the Department for Cantonal Schools and to the municipalities, respectively to the consortial school delegations, for communal and consortial schools, upon prior opinion of the inspectorates.

[77] Art. modified by R 1.7.2014; in force since 1.9.2014 - BU 2014, 340; previous modification: BU 2003, 369.

RLSc

[78] 1 The language of instruction in private compulsory schools is Italian.

2 The Department may authorise educational curricula that include the teaching of one or more subjects in another language according to the following maximum parameters

a) in pre-primary school, some recreational activities in French, German, or English, but for a maximum of 1/6 of the weekly timetable;

b) in primary school, instruction in French or German, but for a maximum of 1/3 of the weekly timetable, or instruction in English, but for a maximum of 1/4 of the weekly timetable;

c) in middle school, instruction in French or German, but for a maximum of 2/3 of the weekly timetable, or instruction in English, but for a maximum of 1/2 of the weekly timetable.

3 The authorisation referred to in subsections 1 and 2 may be granted upon a reasoned application accompanied by

a) the choice of the second language of instruction;

b) a qualitative and quantitative description of the part of the instruction that would be delivered in the second language;

c) the identification of the teachers assigned to instruction in the second language, including their linguistic competencies.

4 The authorisation has a maximum duration of four years and may always be renewed; the Department also decides on its possible limitation or revocation.

5 The right to appeal to the same Department is granted.

[78] Article amended by R 12.5.2021; in force from 1.6.2021 - BU 2021, 166; previous amendments: BU 2003, 369; BU 2005, 13; BU 2014, 340.

RLSc

[79] 1 The derogation provided for in Article 80 para. 3 of the law is granted annually by the Department only in the case of families temporarily residing in Ticino and, after the first year, may be renewed for a maximum of five years.

2 During this period, students of compulsory school age must receive instruction in Italian for at least 1/5 of the weekly timetable.

3 After the fifth renewal, the family must enroll their children of compulsory school age in a public or private school where instruction is provided in accordance with Article 73.

4 The application for the first derogation must be submitted to the Department by the student’s parents using the appropriate form no later than one month before the start of the school year or two months after transferring to Ticino, while the application for renewal of the derogation request must be submitted by July 31st preceding the new school year.

5 In the application, parents must justify their request, demonstrating their intention to reside only temporarily in the Canton and explaining the student’s needs that would necessitate the derogation.

6 The application of Articles 53 para. 2 and 54 of the law remains reserved.

[79] Art. amended by R 12.5.2021; in force since 1.6.2021 - BU 2021, 166; previous amendments: BU 2003, 369; BU 2014, 340.

RLSc

[80] 1 The authorization for the opening and operation of private schools must be requested from the Department by submitting a reasoned application.

2 For compulsory schools, the application referred to in subsection 1 must contain

a) a description of the pedagogical project, which must be consistent with the provisions of the law; for recognized schools, the curriculum, timetables, school organization, and evaluation system must conform to those provided for public schools;

b) an economic plan certifying the medium-term financial sustainability of the school;

c) an identity document, a private individual's extract and a specific private individual's extract from the criminal record of the director, members of the management, and teachers;

d) the professional qualification certificates of the director, members of the management, and teachers; for recognized schools, the professional qualification certificates of teachers must be those required for teaching in public schools;

e) a certificate of suitability of the premises intended for school activities issued by the Health Office of the Department of Health and Social Affairs.

3 For private upper secondary schools preparing for the maturity examination, the application referred to in subsection 1 must contain

a) a description of the pedagogical project, which must be adequate to prepare students for obtaining the qualification;

b) an economic plan certifying the medium-term financial sustainability of the school;

c) an identity document, a private individual's extract and a specific private individual's extract from the criminal record of the director, members of the management, and teachers;

d) the professional qualification certificates of the director, members of the management, and teachers;

e) a certificate of suitability of the premises intended for school activities issued by the Health Office of the Department of Health and Social Affairs. [81]

3bis Private upper secondary schools preparing for a foreign maturity examination may be authorized to open and operate only on condition that their pedagogical project is consistent with the foreign educational pathway leading to the achievement of the foreign maturity examination. The Department may request all necessary documentation for verification in this regard and, if applicable, impose suitable conditions to guarantee the quality of education. [82]

4 The decision on the granting of the authorization for opening and its revocation is made by the Department. [83]

4bis The decision on the granting of the authorization for operation, which has a maximum duration of four years and can always be renewed, on its limitation and its revocation, rests with the Department; the renewal procedure is simplified for schools whose pedagogical project does not change. [84]

5 A right of appeal to the same Department is granted.

[80] Art. introduced by R 12.5.2021; in force since 1.6.2021 - BU 2021, 166.

[81] Subpar. amended by R 8.4.2020; in force since 1.6.2020 - BU 2020, 124.

[82] Subpar. introduced by R 8.4.2020; in force since 1.6.2020 - BU 2020, 124.

[83] Subpar. amended by R 8.4.2020; in force since 1.6.2020 - BU 2020, 124; previous amendment: BU 2019, 244.

[84] Subpar. introduced by R 8.4.2020; in force since 1.6.2020 - BU 2020, 124.

RLSc

[85] 1 Within the scope of general and educational supervision of private recognized pre-primary, primary, and secondary schools, the Department ensures that the requirements necessary for recognition are constantly met.

2 Supervision is generally exercised by the bodies appointed for this purpose for the corresponding public schools, which may at any time request the school for a list of pupils. [86]

3 The Department also supervises to ensure that, in the exercise of their educational activity, private recognized pre-primary, primary, and secondary schools comply with the provisions relating to teaching contained in special laws and their respective implementing regulations, with particular reference to curricula, evaluations and promotion criteria, and the duration and organization of the school year.

4 This provision also applies to private special schools.

[85] Article amended by R 3.6.2015; effective from 1.8.2015 - BU 2015, 286; previous amendments: BU 2003, 369; BU 2012, 282.

[86] Para. amended by R 8.4.2020; effective from 1.6.2020 - BU 2020, 124.

RLSc

[87] 1. As part of the general oversight of private non-parified nursery, primary, and secondary schools, the Department verifies that the requirements necessary for their opening and operation are constantly met.

2. Oversight is generally exercised by the bodies appointed for this purpose for the corresponding public schools, which may at any time request the school for a list of pupils. [88]

[87] Art. amended by R 3.6.2015; in force from 1.8.2015 - BU 2015, 286; previous amendment: BU 2012, 282.

[88] Para. amended by R 8.4.2020; in force from 1.6.2020 - BU 2020, 124.

RLSc

[89] The Department publishes annually the list of private accredited and non-accredited nursery, primary, and middle schools.

[89] Art. amended by R 3.6.2015; in force from 1.8.2015 - BU 2015, 286: previous amendment: BU 2012, 282.

RLSc

[90] 1 In the context of general oversight of private upper secondary schools preparing students for the *maturità* examination, the Department verifies that the requirements necessary for opening and operation are constantly met.

2 Oversight is generally exercised by the bodies responsible for the corresponding public schools, which may at any time request from the school the list of students, those registered for the *maturità* examinations, and those who have passed.

[90] Art. reintroduced by R 8.4.2020; in force since 1.6.2020 - BU 2020, 124; previous amendments: BU 2003, 417; BU 2012, 282; BU 2015, 199.

RLSc

… [91]

[91] Art. abrogated by R 2.12.2003; in force since 1.1.2004 - BU 2003, 417; previous amendments: BU 1994, 77; BU 2002, 76; BU 2003, 369.

RLSc

… [92]

[92] Article repealed by R 2.12.2003; effective from 1.1.2004 - BU 2003, 417.

RLSc

[93] **1 The transfer of pupils from non-recognised nursery, primary, and middle schools to public or private recognised compulsory schools is subject to passing an assessment test.**

**2 … [94]**

**3 Assessment tests are organised by the inspectorates through the school directorates for nursery and primary schools, and respectively by the school directorates for middle schools, in accordance with the procedures established by their respective regulations implementing special laws. [95]**

[93] Art. amended by R 3.6.2015; in force since 1.8.2015 - BU 2015, 286; previous amendments: BU 2003, 369; BU 2012, 282; BU 2014, 340.

[94] Subparagraph repealed by R 14.3.2017; in force since 17.3.2017 - BU 2017, 54.

[95] Subparagraph amended by R 21.10.2020; in force since 1.1.2021 - BU 2020, 309.

RLSc

[96] The transfer of pupils from non-state-recognized middle schools and private preparatory upper secondary schools for the *maturità* to public upper secondary schools is subject to passing entrance examinations as provided for by the regulations of upper secondary schools of 15 June 2016.

[96] Art. amended by R 8.4.2020; in force since 1.6.2020 - BU 2020, 124; previous amendment: BU 2003, 369.

RLSc

[97] The granting of the authorization referred to in Art. 90 of the law falls within the remit of the Division of Schools; an appeal facility is granted to the same Division.

[97] Art. amended by R 1.7.2014; in force from 1.9.2014 - BU 2014, 340; previous amendment: BU 2003, 369.

RLSc

bis [98] 1 The following fees are due for the processing of applications for the grant of an authorisation and for other duties

a) from 200 to 1,250 francs for an authorisation for the opening and/or operation of a private school of a single educational level, as well as for the renewal of the authorisation to operate;

b) from 200 to 500 francs for an authorisation to teach in a second language, as well as for its renewal;

c) from 500 to 1,000 francs for the revocation or limitation of an authorisation referred to in letters a) and b);

d) from 200 to 800 francs for an authorisation to teach in families and for its revocation or limitation;

e) from 100 to 200 francs for the grant of a derogation pursuant to Art. 73a and for its renewal;

f) from 200 to 1,000 francs for an extraordinary inspection justified by concrete indications of anomalies.

2 For the fees referred to in para. 1 letters a), b), d) and e), the applicant may be required to pay an advance of the minimum amount; in this case, the examination of the application by the authorities commences upon receipt of proof of payment of the advance. [99]

[98] Art. amended by R 12.5.2021; in force since 1.6.2021 - BU 2021, 166; previous amendment: BU 2020, 124.

[99] Para. amended by R 23.2.2022; in force since 25.2.2022 - BU 2022, 53.

RLSc

[101] 1 The GAGI Competence Centre (hereinafter the GAGI centre) is the body responsible for the GAGI database, as referred to in Articles 91a et seq. of the law. It determines the methods for data processing, decides on and manages access rights, taking particular account of users' needs for the performance of specific legal tasks, ensures the control of use by authorised users, and guarantees data security by adopting appropriate technical measures.

2 The Department is the supervisory authority for the activities of the GAGI centre.

[101] Art. introduced by R 5.9.2018; in force since 1.9.2018 - BU 2018, 341.

RLSc

[102] 1 All public school institutions shall constantly update their students' data in the GAGI database.

2 Private institutions may request to use the GAGI database by submitting an application to the GAGI center, which shall decide favorably if the standards valid for public school institutions are guaranteed.

3 The data are the property of the Canton.

4 The record pertaining to each student shall contain the following data

a) surname and name;

b) date of birth;

c) sex;

d) AVS number;

e) nationality;

f) legal domicile (attinenza);

g) place and address of residence;

h) mother tongue and other known languages;

i) mother (surname, name, date of birth, profession);

j) father (surname, name, date of birth, profession);

k) parental authority;

l) employer and contract if apprentice;

m) number of siblings;

n) country and place of birth if born abroad;

o) date of entry into Switzerland if foreign national;

p) permit if foreign national (type, date of issue, expiry date);

q) identifier for federal education statistics;

r) photograph;

s) SBT code;

t) all school data, specifically concerning enrollments, admissions, educational and professional guidance, internships, activated services, exemptions, dispensations, academic path, absences, assessments, report cards, promotions, qualifications, transport, school sanctions, any medical data for access to healthcare schools;

u) all data concerning activities related to the fulfillment of the educational obligation among those provided for by Art. 2a para. 2 of the Regulation on Professional and Continuing Education of 1 July 2014. [103]

5 In addition to the data listed in para. 4, for the fulfillment of their legal duties, institutions, the Early Special Education Service and the Pedagogical Support Service may also collect the following student data

a) legal representative (guardian, curator);

b) host institution;

c) illnesses, allergies and/or disabilities;

d) doctor/s to be alerted if necessary, other significant operators or professionals;

e) insurance/s and/or health insurance fund;

f) recognitions or benefits from disability insurance;

g) developmental stages;

h) anamnesis, diagnosis, therapeutic plan;

i) medications and any hospitalizations;

j) behavioral, self-regulation, adaptation, developmental or learning disorders, cognitive dysfunctions and other types of difficulties or disorders;

k) socio-economic-cultural disadvantages;

l) issues concerning parents;

m) irregular or insufficient prior schooling.

6 In individual cases, other personal data may be processed if necessary for the fulfillment of specific legal duties.

[102] Art. introduced by R 5.9.2018; in force since 1.9.2018 - BU 2018, 341.

[103] Sub-paragraph introduced by R 26.5.2021; in force since 1.9.2021 - BU 2021, 174.

RLSc

bis [104] 1 The GAGI database signals to the service designated by the Department if a pupil up to fifteen years of age is not enrolled in a school.

2 Similarly, it signals if a minor between fifteen years of age and legal majority is not attending a post-compulsory full-time or apprentice school, a pre-apprenticeship, or a training activity among those provided for in Art. 2 lett. a) et seq. of the Regulation on Professional and Continuing Education of 1 July 2014.

[104] Art. introduced by R 26.5.2021; in force since 1.9.2021 - BU 2021, 174.

RLSc

[105] 1 The GAGI centre manages the list of persons who, by function, have a personal right to enter data into the GAGI database, of the data that these persons may enter or modify, and respectively, of the persons who have a right to retrieve and view data. The supervisory authority is regularly informed.

2 Upon request, the GAGI centre may, exceptionally, extract data from the GAGI database on behalf of third parties to the extent that

a) the request is made pursuant to a task established by law or for scientific purposes;

b) the request is limited to the data necessary to perform or fulfil the purpose;

c) the anonymity of the data is guaranteed.

3 The request referred to in para. 2 must contain

a) information about the applicant;

b) the requested data;

c) proof of the existence of a legal basis or a legal task or a legitimate interest;

d) the purpose for which the data will be used.

[105] Art. introduced by R 5.9.2018; in force since 1.9.2018 - BU 2018, 341.

RLSc

[106] The parents of a minor student and an adult student have the right to obtain from the supervisory authority, upon simple written request, any information, declaration, or extract concerning the student's personal data.

[106] Art. introduced by R 5.9.2018; in force since 1.9.2018 - BU 2018, 341.

RLSc

1. The rules concerning the appeal procedure in matters of school assessments apply to both public schools and state-recognized (or equivalent) schools.

2. An appeal may be filed only against final or examination assessments.

RLSc

1 Students personally concerned who have reached the age of eighteen may appeal; otherwise, their parents or guardians, or their legal representatives, may appeal.

2 … [112]

3 … [113]

[112] Para. repealed by R 18.2.2014; in force since 1.3.2014 - BU 2014, 118.

[113] Para. repealed by R 18.2.2014; in force since 1.3.2014 - BU 2014, 118.

RLSc

1. Petitions that do not meet the requirements of Article 83 shall be returned to the petitioner for completion, with the warning that they will be declared inadmissible if the new deadline is not met.

2. The provisions of Article 92 Lsc are applicable to petitions declared inadmissible.

RLSc

[114] 1 Appeals are officially forwarded for decision to the competent authority according to the law (inspectorate or institutional management). [115]

2 The inspectorate or institutional management decide after ascertaining the relevant facts and giving the appellant and the teachers the opportunity to be heard, in writing or orally. [116]

3 When the appeal concerns decisions of the class council, and the council cannot convene due to the urgency of a decision on the student's academic future, only the class teacher may be heard in its stead.

4 The decision must be reasoned, indicate the deadline for appeal to the Council of State, and be communicated to the appellant by registered letter. [117]

[114] Art. amended by R 7.6.1995; in force since 13.6.1995 - BU 1995, 303.

[115] Par. amended by R 1.7.2014; in force since 1.9.2014 - BU 2014, 340.

[116] Par. amended by R 1.7.2014; in force since 1.9.2014 - BU 2014, 340.

[117] Par. amended by R 7.7.2009; in force since 7.7.2009 - BU 2009, 309.

RLSc

-87 ... [118]

[118] Art. repealed by R 7.6.1995; in force from 13.6.1995 - BU 1995, 303.

RLSc

-89 ... [120]

[120] Art. repealed by R 18.2.2014; in force from 1.3.2014 - BO 2014, 118; previous amendment: BO 2009, 309.

RLSc

[122] Article repealed by R 11.11.2003; in force from 25.11.2003 - BU 2003, 369.

RLSc

1 This Regulation shall be published in the Official Bulletin of Laws and Executive Acts and shall enter into force starting from the 1992/1993 school year, and shall therefore apply, where appropriate, also to the organizational activities constituting its preparation.

2 Upon the entry into force of this Regulation, government decisions predating this Regulation and pertaining to the matters contained herein shall be repealed.

Published in BU 1992, 177.

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