Intercantonal Agreement on Cooperation in the Field of Special Needs Education

The concordat cantons collaborate in the field of special needs education with the aim of fulfilling the obligations arising from the Federal Constitution of the Swiss Confederation [1], the Intercantonal Agreement on the Harmonisation of Compulsory Schooling [2], and the Federal Act on the Elimination of Discrimination against Persons with Disabilities [3]. In particular, they

a. define the basic provision that ensures the education and care of children and young people with special educational needs;

b. promote the integration of these children and young people into mainstream schooling;

c. undertake to use common instruments.

[1] SR 101

[2] Collection of legal bases of the CDPE, Chap. 1.2.

[3] SR 151.3

The training in the field of special needs education is based on the following principles

a. special needs education is an integral part of the public education mandate;

b. inclusive solutions are to be preferred over segregating ones, respecting the well-being and development possibilities of the child or young person and taking into account the environment and school organization;

c. the principle of free provision prevails in the field of special needs education; financial contributions may be requested from holders of parental authority for meals and care;

d. holders of parental authority are involved in the decision-making process regarding the allocation of special needs education measures.

From birth until the age of twenty, children and young people residing in Switzerland are entitled to appropriate special needs education measures, provided that

a. prior to schooling: if a limited or impaired development is identified, or if, verisimilarly, they will not be able to attend regular schooling without specific support;

b. during compulsory schooling: if it is identified that their development and educational opportunities are hindered to such an extent that they cannot or can no longer follow instruction in regular school without specific support, or when another particular educational need has been identified.

1 The basic range of special needs education comprises

a. counseling and support, special early childhood education, speech therapy and psychomotricity;

b. special needs education measures in mainstream schools or special schools, as well as

c. care in day structures or residential facilities in a special needs education institution.

2 The cantons shall assume the organization of necessary transportation and the related costs for children and young people with disabilities who cannot travel by their own means from their home to school and/or to the outpatient clinic.

1 Should the measures applied before the start of schooling or within the regular school system prove insufficient, a decision regarding the allocation of supplementary measures must be taken following the assessment of individual needs.

2 Supplementary measures are characterized by some or all of the following criteria

a. a long duration;

b. a high intensity;

c. a high specialization of the professional applying them, as well as

d. significant consequences on the daily life, social environment, and life path of the child or young person.

1 The concordat cantons designate the competent authorities responsible for allocating special education measures.

2 The competent authorities for allocating special education measures designate the service providers.

3 The determination of individual needs provided for in Art. 5 para. 1 takes place within the framework of a standard assessment procedure, entrusted by the competent authorities to assessment services distinct from the service providers.

4 The relevance of the allocated measures is reviewed periodically.

1 The concordat cantons shall use in their legislation, concepts, and practices in the field of special education, and in the corresponding directives

a. common terminology;

b. uniform quality standards for services; and

c. a standard assessment procedure to determine individual needs, in accordance with Art. 6 para. 3.

2 The Swiss Conference of Cantonal Ministers of Education (EDK) is responsible for the development and scientific validation of the common instruments defined in para. 1. To this end, it shall consult national umbrella organizations of teachers, parents, and institutions for children and young people with disabilities.

3 The common instruments shall be approved by the Plenary Assembly of the EDK with a two-thirds majority of its members. Their revision shall be carried out by the concordat cantons according to a similar procedure.

4 The basic provision of special education shall be included in the national monitoring of the education system.

The levels of need in the special education sector are adapted based on the learning objectives stipulated in the curricula and training standards of regular schools, and consider the individual needs and abilities of the child and young person.

1 Initial training for teachers and special needs education staff working with children and young people is based on the recognition regulations of the EDK (Swiss Conference of Cantonal Ministers of Education) or federal law.

2 The concordat cantons work together on the development of an adequate continuing education offer.

Each concordat canton shall designate a cantonal liaison office for all aspects related to special education to the attention of the CDPE.

The financing of residential or outpatient services provided by special education institutions located outside the canton is based on the Intercantonal Convention on Social Institutions (ICSI) [4].

[4] Collection of the Legal Bases of the CDPE, Chap. 3.2.

Membership in this agreement shall be declared before the CDPE Committee.

The denunciation of this Agreement shall be declared before the Committee of the CDPE. It shall take effect at the end of the third calendar year following the declaration of denunciation.

Cantons acceding to this agreement after January 1, 2011, are required to apply it within six months of accession.

1 The CDPE Committee shall bring this agreement into force as soon as at least ten cantons have declared their accession, but no earlier than 1 January 2011.

2 The Confederation shall be notified of the entry into force of the agreement.

The Principality of Liechtenstein may accede to the agreement. In this case, it shall enjoy the same rights and obligations as the signatory cantons.