Intercantonal Agreement on Contributions to Training Costs in Basic Vocational Schools (Agreement on Basic Vocational Schools, ASPr) (BFSV)

1 The agreement regulates the contribution of the signatory cantons to the costs of vocational education, as well as to the costs of full-time vocational training.

2 It indicates the sectors subject to a separate procedure and regulates competences.

3 In doing so, it contributes to the coordination of vocational training policy.

Scope of application

1 This agreement applies to basic vocational education and training in accordance with Articles 12 to 25 of the Federal Act on Vocational Education and Training of December 13, 2002 (VET Act).

2 It encompasses preparation for basic vocational education and training, the entirety of school-based education, and full-time vocational training courses within educational cycles subject to the Federal Act on Vocational Education and Training.

3 Two or more signatory cantons may adopt provisions that deviate from those of the present agreement.

1 For persons in training attending a training institution in another canton, the signatory cantons shall pay one-time contributions for vocational education and for full-time training.

2 The classification of training cycles into the category of full-time schools or the category of vocational education within the dual system is indicated in the annex.

3 The cantons where the schools are located shall grant persons in training whose school attendance is subject to this agreement the same rights as are granted to their own persons in training.

4 Should persons in training from signatory cantons attend schools managed by municipalities, associations of municipalities, professional associations, companies, or public utility organizations, the signatory cantons shall ensure that the provisions of this agreement are applied by analogy.

1 For vocational training in basic vocational schools, the debtor canton is the canton where the apprenticeship takes place. The latter decides on the placement of a person in training at a vocational school located outside the cantonal borders, in agreement with the canton in which it is located. Enrolment takes place in accordance with the procedure in force in the latter canton.

2 In the case of persons undergoing training in full-time schools or professional baccalaureate schools after an apprenticeship, the debtor canton is the canton of domicile at the time the training commences, provided that it has authorised attendance at a training institution outside the canton. The authorisation must be attached to the enrolment form.

3 The canton of domicile is considered to be

a. the canton of origin for persons in training of Swiss nationality whose parents reside abroad or who, being orphans of both parents, live abroad. In the event of multiple cantons of origin, the most recent origin is taken into consideration, subject to letter d,

b. the canton of assignment for adult refugees and stateless persons who are orphans of both parents or whose parents reside abroad, subject to letter d,

c. the canton of civil domicile for adult foreigners who are orphans of both parents or whose parents reside abroad, subject to letter d,

d. the canton in which adult persons in training have resided without interruption for at least two years and where they have engaged, without simultaneously being in training, in a gainful activity that allowed them to be independent; the management of a family household and the performance of military service are considered gainful activities,

e. in all other cases, the canton of the parents' civil domicile or where the guardianship authority with the most recent competence is headquartered.

1. **Compensation is based on flat-rate contributions, graduated according to the type of training (full-time / part-time / individual lessons).**

2. **The determination of the amount of contributions is based on the following principles:**

a. The average training costs per person per year are recorded. The average net training costs, i.e., operating and infrastructure costs minus any attendance fees and third-party contributions, are decisive for the calculation of contributions. For full-time schools, federal subsidies are also deducted.

b. For infrastructure costs, a flat-rate percentage of the net amount of operating costs, as per letter a, is calculated. The flat-rate percentage is specified in the annex.

c. The contributions paid under the agreement cover 90% of the average net training costs recorded per person per year.

3. **The adjustment of contributions is carried out annually and takes effect two years later.**

4. **The contribution is due for a full school year. The reference date for establishing the number of trainees to be taken into account is determined in the annex.**

1 The Swiss Conference of Vocational Training Offices (CSFP), as a specialized conference of the Swiss Conference of Cantonal Directors of Public Education (CDPE), is competent to submit proposals to the Conference of Signatory Cantons regarding the other services mentioned in paragraph 2.

2 Among the other services reimbursed between the cantons are, in particular

a. inter-company courses,

b. intercantonal specialized courses,

c. qualification procedures,

d. remedial training for adults,

e. specialized individual support in two-year basic vocational training.

3 The Conference of Signatory Cantons establishes the principles and contributions for the reimbursement of services according to paragraph 2. The amounts are indicated in the annex. Paragraph 4 remains reserved.

4 The Signatory Cantons may limit the reimbursement for services according to paragraph 2 to the principles in force in their cantonal legislation.

1 The Conference of the Signatory Cantons** is composed of one representative for each canton that has acceded to the agreement. The Confederation may participate in an advisory capacity.

**2 The Conference of the Signatory Cantons** has the following tasks

a. defining the amount of contributions according to Article 5,

b. defining the rules and the amount of contributions paid for the compensation of services according to Article 6, paragraph 2.

**3 Decisions** according to paragraph 2, letters a and b, require a two-thirds majority of the members of the Conference.

**4 The CDPE Committee** prepares the matters for the Conference of the Signatory Cantons.

1 The secretariat is managed by the General Secretariat of the CDPE.

2 The secretariat performs, in particular, the following tasks

a. regularly record expenditures,

b. examine and elaborate proposals for adjusting the amount of contributions,

c. inform the signatory cantons,

d. arrange for coordination, and

e. regulate procedural matters.

3 The CDPE Committee shall establish a working group to advise the secretariat and to elaborate proposals to be submitted to the Conference of Signatory Cantons.

4 The secretariat expenses arising from the application of this agreement shall be borne by the signatory cantons and apportioned proportionally to the number of inhabitants. Invoicing shall take place annually.

1 An arbitral commission shall be established to settle any disputes that may arise between the signatory cantons concerning the interpretation and application of this agreement.

2 The commission shall consist of three members appointed by the parties. In the event of disagreement between the parties on the choice of members, the arbitral commission shall be appointed by the CDPE Committee.

3 The provisions of the Concordat on Arbitration Jurisdiction of March 27, 1969, shall apply.

4 The decisions of the arbitral commission shall be final.

The present agreement enters into force at the time when 15 cantons have acceded to it, but no earlier than the start of the 2007/2008 school year.

Repeal of the Intercantonal Agreement

of 30 August 2001 on contributions

The Conference of the cantons signatory to the Intercantonal Agreement on Cantonal Contributions to Schooling and Training Costs in Vocational Education and Training, of August 30, 2001, determines the date of repeal of the aforementioned agreement.

The agreement may be denounced by written notice sent to the secretariat, with two years' notice for September 30th, however, not before five years after the agreement's entry into force or accession.

In the event of denunciation of this agreement by a canton, the latter shall maintain its obligations arising from the agreement towards persons who are undergoing training at the time of withdrawal.

The Principality of Liechtenstein may accede to this agreement on the basis of its own legislation. It shall have the same rights and obligations as the signatory cantons.

Bern, 22 June 2006 In the name of the Swiss Conference of

Cantonal Directors of Public Education

The President: Hans Ulrich Stöckling

The Secretary General: Hans Ambühl

Having noted the accession of 15 Cantons, the Swiss Conference of Cantonal Directors of Public Education decreed the entry into force of this Agreement with effect from the beginning of the 2007/2008 school year.

Published in BU 2007, 599.