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Convention on the Organization of Religious Instruction and on the Status of the Religious Instructor

37 Articles / Provisions · Switzerland · Canton of Ticino

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Table of Provisions (37)

Statutory Text (37 Articles)

Art. 1 Convention on the Organization of Religious Instruction and on the Status of the Religious Instructor Convention on the Organization of Religious Instruction and on the Status of the Religious Instructor Open official source

This convention applies to the following grades and types of schools

– Elementary school,

– Middle school,

– Special schools,

– Upper secondary schools,

– Full-time vocational schools.

Art. 2 Convention on the Organization of Religious Instruction and on the Status of the Religious Education Teacher Convention on the Organization of Religious Instruction and on the Status of the Religious Education Teacher Open official source

1 Teachers of Catholic religion are designated by the Ordinary of the Diocese of Lugano (hereinafter referred to as the Ordinary); in elementary schools, the teaching is assigned to the parish priest (or parish administrator) or to a person designated by him.

2 Teachers of Evangelical religion are designated by the Synod Council of the Evangelical Reformed Church in Ticino (hereinafter referred to as the Synod Council).

3 The designation is communicated to the State Council for cantonal schools, to the Municipalities for municipal schools, and to the Consortial School Delegations for consortial schools.

**Art. 3 Convention on the Organization of Religious Instruction and on the Status of Religion Teachers Convention on the Organization of Religious Instruction and on the Status of Religion Teachers** Open official source

1. In the event of a religious education teacher's absence, the special regulation provided for in Article 82 of the Law on the Organisation of State Employees and Teachers of 15 March 1995 (LORD) applies in principle.

2. Should an external substitute be required, the competent school authority or body shall select them from a list of available substitutes that the ecclesiastical authorities transmit to all school administrations and inspectorates at the beginning of the school year.

3. Religious education teachers in cantonal schools are subject to the substitute teaching obligations prescribed by law for all other teachers (Article 82 LORD).

Art. 4 Convention on the organization of religious instruction and on the status of religious education teachers Open official source

The assignment of classes takes place according to Art. 35 lett. i) of the School Law of February 1, 1990.

Curricula

Art. 5 Convention on the Organization of Religious Instruction and on the Status of the Religious Instructor Open official source

The curricula for religious instruction, defined by the Ecclesiastical Authorities, are published in the study plans for the various grades and levels of school.

Art. 6 Convention on the organization of religious instruction and on the status of religious education teachers Open official source

1 Textbooks and school materials for compulsory schools, established by the Ecclesiastical Authorities taking into account the allocated credits, are borne by the public body.

2 Religious books for school libraries, chosen according to the competences and procedures in force in the individual institutions, are also borne by the public body.

3 The list of textbooks for compulsory schools is presented to the Department of Education, Culture and Sport by March for the following school year; within individual institutions, teachers choose the texts based on the list.

Art. 7 Convention on the Organization of Religious Instruction and on the Status of the Religion Teacher Convention on the Organization of Religious Instruction and on the Status of the Religion Teacher Open official source

1 Religious education is generally provided in the regular classrooms of the institution.

2 The institution's management may group students from different classes based on criteria agreed upon between the Department and the ecclesiastical authorities; in cantonal schools, grouping generally occurs between classes of the same course.

3 In the event of a dispute regarding the groupings, the decision rests with the Department in agreement with the ecclesiastical authorities.

4 The Department, the Diocesan Office for School Religious Education, and the Synodal Council may agree on other solutions, provided that all enrolled students are guaranteed the possibility of attendance.

**Art. 8 Convention on the Organization of Religious Instruction and on the Status of the Religious Education Teacher Convention on the Organization of Religious Instruction and on the Status of the Religious Education Teacher** Open official source

Religious instruction is provided for one lesson hour per week, integrated into the weekly school timetable based on the criteria applied to lessons and teachers of other subjects.

Art. 9 Convention on the Organization of Religious Instruction and the Status of Religious Teachers Open official source

1 The declaration of attendance for religious instruction occurs annually in writing, by means of a specific form that the school administrations are responsible for distributing and collecting.

2 The form template, valid for all levels and types of schools, is attached to this agreement.

Art. 10 Convention on the Organization of Religious Instruction and on the Status of Religious Teachers Convention on the Organization of Religious Instruction and on the Status of Religious Teachers Open official source

1. Anyone who enrolls in religion classes is obliged to attend them throughout the year, subject to paragraph 2.

2. In compliance with Article 15 of the Federal Constitution, withdrawal may also be declared during the school year by written communication to the institute's management.

3. Attendance at the religion lesson may also be declared during the school year by written communication to the institute's management.

Art. 11 Convention on the Organization of Religious Instruction and on the Status of the Religious Instructor Convention on the Organization of Religious Instruction and on the Status of the Religious Instructor Open official source

1 The didactic supervision of the teaching of Catholic religion is ensured by the Diocesan Office for Religious Education in Schools, assisted by experts.

2 The didactic supervision of the teaching of evangelical religion is ensured by the Commission for Religious Education in Schools.

3 The duties of these bodies are analogous to those that laws attribute to the supervisory bodies for the teaching of other subjects.

4 The competencies of school management concerning general school supervision are reserved.

5 In matters of supervision, the contracting parties or their bodies shall, when necessary, promote the required contacts.

Art. 12 Convention on the organization of religious education and on the status of religious education teachers Convention on the organization of religious education and on the status of religious education teachers Open official source

1 For the teaching of Catholic religion in the various levels and types of schools, the following qualifications are considered valid

a) for primary schools and special schools

1. a licentiate or doctorate in theology or philosophy from Faculties recognized under the Apostolic Constitution "Sapientia Christiana";

2. a diploma of baccalaureate in theology according to the aforementioned Apostolic Constitution;

3. a licentiate in religious sciences;

4. an academic licentiate with theology as a second or third subject;

5. a diploma of completed theological studies;

6. a diocesan diploma in catechesis, preferably preceded by an upper secondary education qualification or an equivalent degree;

7. a bachelor's or master's degree in theology, biblical theology, theology or a ReTe master's degree.

b) for middle schools

1. a licentiate or doctorate in theology or philosophy from Faculties recognized under the Apostolic Constitution "Sapientia Christiana";

2. a diploma of baccalaureate in theology according to the aforementioned Apostolic Constitution;

3. a bachelor's or master's degree in theology, biblical theology, theology or a ReTe master's degree.

c) for full-time post-compulsory schools

1. a licentiate or doctorate in theology or philosophy from Faculties recognized under the Apostolic Constitution "Sapientia Christiana";

2. a master's degree in theology or religious sciences.

2 For the teaching of Evangelical religion in the various levels and types of schools, the following qualifications are considered valid

a) for primary schools and special schools

1. a licentiate or doctorate in theology;

2. a diploma in theology;

3. a diploma in catechesis issued by Swiss catechetical institutes recognized by the Federation of Swiss Evangelical Churches;

4. a diploma in catechesis issued by the Reformed Evangelical Church in Ticino, preferably preceded by an upper secondary education qualification or an equivalent degree.

b) for middle schools and full-time post-compulsory schools

1. a licentiate or doctorate in theology;

2. an authorization to teach religion in middle and upper secondary schools issued by a university faculty of theology or history of religions.

3 In the absence of candidates possessing the required qualifications, candidates possessing other qualifications deemed suitable by representatives of the Department and the Ecclesiastical Authorities may be employed.

Teaching Qualification

Art. 13 Convention on the Organization of Religious Instruction and on the Status of the Religious Education Teacher Convention on the Organization of Religious Instruction and on the Status of the Religious Education Teacher Open official source

Teachers of religion must be qualified according to the procedures established by the Ecclesiastical Authorities in collaboration with the Department of Education and Learning of the University of Applied Sciences and Arts of Southern Switzerland.

Art. 14 Convention on the Organization of Religious Instruction and on the Status of the Religious Education Teacher Convention on the Organization of Religious Instruction and on the Status of the Religious Education Teacher Open official source

The hiring of religion teachers in cantonal schools takes place through a public competition announced by the ecclesiastical authorities in the official organs of their respective Churches and in the Official Gazette.

Art. 15 Convention on the Organization of Religious Instruction and on the Status of Religious Teachers Convention on the Organization of Religious Instruction and on the Status of Religious Teachers Open official source

1 Candidates for religious education teaching positions in cantonal secondary schools are subject to an admission test.

2 For each denomination and for each school sector, a committee is appointed to preside over the admission test, composed of three members, specifically

a. one representative of the State (as a rule, an institute director);

b. two representatives of the Ecclesiastical Authority.

3 The admission tests are organized in schools by the Department in collaboration with the Ecclesiastical Authorities.

Art. 16 Convention on the organization of religious education and on the status of religious education teachers Convention on the organization of religious education and on the status of religious education teachers Open official source

1 The employment relationship of religion teachers is established solely in the form of an annual appointment.

2 The relationships between religion teachers and their respective ecclesiastical Authorities are regulated in a separate form.

Art. 17 Convention on the Organization of Religious Instruction and on the Status of the Religious Instructor Convention on the Organization of Religious Instruction and on the Status of the Religious Instructor Open official source

1 For religion teachers in cantonal schools, the staff classifications and salary conditions applied to teachers of the same grade and level of school apply.

2 For religion teachers in municipal and consortium schools and their substitutes, the matter is regulated at the local level.

**Art. 18 Convention on the organization of religious education and on the status of the religious education teacher** Convention on the organization of religious education and on the status of the religious education teacher Open official source

1 Teachers of religion in cantonal schools are subject to the social security provisions for state employees, with the corresponding obligations and rights, except in the event of termination of employment for reasons deriving from the exclusive competence of the ecclesiastical Authorities.

2 Teachers of religion in municipal and consortial schools are subject to the combined provisions of paragraph 1 of this article and paragraph 2 of the previous article.

Teaching load

Art. 19 Convention on the organization of religious education and on the status of religious education teachers Convention on the organization of religious education and on the status of religious education teachers Open official source

Religious education teachers have a teaching load equal to that of teachers of special subjects according to Articles 78-81 LORD.

Participation in institutional bodies

Art. 20 Convention on the Organization of Religious Instruction and on the Status of Religious Teachers Convention on the Organization of Religious Instruction and on the Status of Religious Teachers Open official source

1 Regarding participation in institutional bodies, religious education teachers have the same obligations and the same rights as other teachers.

2 Religious education teachers participate in the class council on the same basis as teachers of compulsory subjects, unless otherwise provided in the various regulations.

Art. 21 Convention on the Organization of Religious Instruction and on the Status of the Religious Education Teacher Convention on the Organization of Religious Instruction and on the Status of the Religious Education Teacher Open official source

The religion teacher has the same duties that Chapter VII LORD (articles 22 to 31a) prescribes for teachers in general.

Art. 22 Convention on the organization of religious education and on the status of the religion teacher Convention on the organization of religious education and on the status of the religion teacher Open official source

1. Authorization for ancillary employment follows the provisions of Art. 26 LORD.

2. Pastoral activity is not considered ancillary employment.

Art. 23 Convention on the organization of religious education and on the status of the religious education teacher Convention on the organization of religious education and on the status of the religious education teacher Open official source

1. The investigation against a religious education teacher is opened by the Council of State after hearing the ecclesiastical authorities.

2. The investigation is conducted by a mixed commission.

1 The teaching of the Catholic religion and the Evangelical religion is provided in all full-time compulsory and post-compulsory schools, in compliance with the aims of the school itself and the provisions of Art. 15 of the Federal Constitution.

2 The attendance of pupils at religious instruction is ascertained at the beginning of each year by the school authority through an explicit request to the parental authorities, or to the pupils themselves if they have exceeded sixteen years of age.

(...)

Art. 24 Convention on the Organization of Religious Instruction and on the Status of the Religious Education Teacher Convention on the Organization of Religious Instruction and on the Status of the Religious Education Teacher Open official source

Subject to the decision-making authority of the cantonal and communal authorities pursuant to Art. 38 LORD, the provisional suspension of religious teachers shall occur after consultation with the ecclesiastical authorities.

Art. 25 Convention on the Organization of Religious Instruction and on the Status of the Religious Instructor Convention on the Organization of Religious Instruction and on the Status of the Religious Instructor Open official source

The provisions of Art. 32 et seq. LORD apply.

Art. 26 Convention on the organization of religious instruction and on the status of religious teachers Convention on the organization of religious instruction and on the status of religious teachers Open official source

The religion teacher has the same rights that Chapter IX of LORD (articles 40 to 53) recognizes for teachers in general.

Update

Art. 27 Convention on the Organization of Religious Instruction and on the Status of the Religion Teacher Convention on the Organization of Religious Instruction and on the Status of the Religion Teacher Open official source

With the clarifications set forth in the following articles, the law on the continuing education of teachers of June 19, 1990, applies to religion teachers.

Function of the Ecclesiastical Authorities

Art. 28 Convention on the Organization of Religious Instruction and the Status of the Religion Teacher Convention on the Organization of Religious Instruction and the Status of the Religion Teacher Open official source

Insofar as they organize refresher courses, the ecclesiastical authorities are considered training bodies within the meaning of Art. 8 of the Law on Continuing Education for Teachers.

Art. 29 Convention on the Organization of Religious Instruction and on the Status of the Religion Teacher Convention on the Organization of Religious Instruction and on the Status of the Religion Teacher Open official source

For teachers of religion, the mandatory or optional nature of activities is established by mutual agreement between the competent offices and the ecclesiastical authorities.

Art. 30 Convention on the Organization of Religious Instruction and on the Status of the Religious Education Teacher Convention on the Organization of Religious Instruction and on the Status of the Religious Education Teacher Open official source

The provisions of Article 10 of the Law on Continuing Professional Development for Teachers shall apply.

Art. 31 Convention on the organization of religious instruction and on the status of religious education teachers Convention on the organization of religious instruction and on the status of religious education teachers Open official source

For the attainment of a sabbatical leave for professional development, the requirements of Art. 15 of the Law on Continuing Education for Teachers apply.

Art. 32 Convention on the Organization of Religious Instruction and on the Status of Religious Education Teachers Convention on the Organization of Religious Instruction and on the Status of Religious Education Teachers Open official source

1 Regarding doctrine, the teachers for the refresher courses are designated by the Ecclesiastical Authorities.

2 Regarding psycho-pedagogical matters, the teachers for the refresher courses are designated by the competent office or by the Ecclesiastical Authorities or by both parties by agreement.

Art. 33 Convention on the Organization of Religious Instruction and on the Status of Religious Teachers Convention on the Organization of Religious Instruction and on the Status of Religious Teachers Open official source

Beyond what is provided for in this convention, the contracting parties and their organs undertake to promote and maintain mutual informative and functional contacts.

Art. 34 Convention on the organization of religious instruction and on the status of the religion teacher Convention on the organization of religious instruction and on the status of the religion teacher Open official source

In matters concerning the employment relationship, for all aspects not covered by the present convention, the provisions that LORD stipulates for teachers shall apply.

Art. 35 Convention on the organization of religious instruction and on the status of the religion teacher Convention on the organization of religious instruction and on the status of the religion teacher Open official source

The present convention may be amended with the consent of the contracting parties.

Entry into force and publication

Art. 36 Convention on the organization of religious education and on the status of religious education teachers Convention on the organization of religious education and on the status of religious education teachers Open official source

1 This Convention shall enter into force with the school year 2017/2018 and shall therefore apply, where appropriate, also to the organizational activities constituting its preparation.

2 It shall be published in the Official Bulletin of Laws and Executive Acts and shall enter into force immediately. [1]

[1] Entry into force: 25 April 2017 - OB 2017, 113.

Convention on the Organization of Religious Instruction and on the Status of the Religious Instructor

Table of Provisions (37)

Statutory Text (37 Articles)

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