Intercantonal Agreement on Schools Offering Specific Training for Highly Gifted Students

1 The agreement applies to the secondary I and secondary II levels.

2 The agreement regulates, within the framework of the study programs offered to promote gifted students in all fields,

a. intercantonal access to these schools,

b. the status of students,

c. the contributions that the students’ cantons of domicile must pay to the responsible bodies of these schools.

3 Intercantonal agreements that regulate co-responsibility or financial participation of schools or that provide for school attendance contributions diverging from those established herein shall take precedence over this agreement.

In the annex, the following are specified

a. the courses of study (including a brief description) to which this agreement applies,

b. the amount of contributions that the cantons of residence of the pupils must pay for attending schools outside their canton,

c. the offers chosen by each canton for its residents,

d. the conditions under which the signatory cantons are willing to pay.

The cycles of study underlying this agreement meet the following conditions

a. specifically encourage an student's particular talent,

b. guarantee academic or professional training with a recognized final diploma, and

c. offer concrete support to students so that they can combine their particular talents and training and harmoniously develop all their aptitudes.

1 The canton where the school is located submits an application for registration for a study cycle that meets the requirements set out in Art. 3.

2 The Secretariat records the study cycle for which the application has been submitted in the annex.

Cantons' obligation

1 The debtor canton is the canton of domicile. The apportionment and internal invoicing of costs occur according to the relevant cantonal provisions.

2 The canton may tie its availability of payment to certain conditions (e.g., guarantee of cost assumption).

Canton of domicile

Counts as canton of domicile

a. for adult students, the canton where they currently have their legal domicile concerning study grants;

b. for minor students, the canton where the parents currently have their civil domicile or where the competent guardianship authority is located.

1 The cantons where the schools are located determine the amount of contributions for the courses of study listed in the annex.

2 The following principles apply

a. contributions are calculated per student and per semester,

b. contributions serve to cover the costs of school education and costs related to student support (Art. 3, para. 1, let. c); they do not serve to cover the costs of board and lodging, nor to cover measures specific to the development of particular talents,

c. the contribution for out-of-canton students must not exceed that paid by students domiciled in the canton where the school is located.

The amount of contributions is valid for a period of one year.

The cantons where the schools are located, or the schools themselves, grant students whose canton of domicile has declared its willingness to pay the same rights they grant to their own students.

Treatment of students from cantons that have not declared their willingness

1 Students from cantons that have not declared their readiness to pay for the proposed course of study are not entitled to equal treatment. They only gain access to a course of study after the admission of all students from cantons that have declared their readiness to pay.

2 Students from cantons that have not declared their readiness to pay must, in addition to tuition fees, pay an amount corresponding at least to the sum of the contributions defined in Art. 7.

1 Schools may charge their pupils appropriate school fees.

2 School fees for pupils pursuing the same course of study and attending a school for the gifted subject to this agreement, including fees for pupils from the canton where the school is located, must be equal.

The canton where the institution is headquartered determines the place of payment for each school.

1 The General Secretariat of the Swiss Conference of Cantonal Directors of Public Education (CDPE) assumes the function of secretariat for the agreement.

2 It has the following tasks

a. informing the signatory cantons,

b. coordination, and

c. regulation of matters relating to implementation and procedure.

The secretariat costs arising from the execution of this agreement shall be borne by the signatory cantons and determined according to their population. These costs shall be invoiced annually. Expenses for extraordinary analyses, concerning only certain cantons or certain schools, may be charged to the cantons involved.

1 An arbitration commission is responsible for settling all disputes that may arise between the signatory cantons within the scope of the application and interpretation of this agreement.

2 The commission is composed of three members designated by the parties. In the event of a lack of agreement, the EDK Committee designates the members of the commission.

3 The provisions of the Concordat on Arbitration of 27 March 1969 (RS 279) shall apply.

4 The decisions of the arbitration body are final.

Statements of accession to this agreement must be communicated to the General Secretariat of the CDPE. By their accession, the cantons undertake to provide, as prescribed, the necessary data for the application of this agreement.

Entry into force

This agreement shall enter into force upon accession by at least three cantons, at the earliest with the start of the 2004/2005 school year.

1 The amendment of the annex (list of study cycles) is possible at the beginning of each school year.

2 New study cycles shall be included in the annex provided that a request has been submitted to the secretariat by the end of the calendar year preceding the school year for which the amendments are foreseen.

3 Any amendment to the willingness to pay or the related conditions must be notified to the secretariat by the end of the calendar year preceding the school year for which the amendments are foreseen.

The agreement may be amended with the consent of a two-thirds majority of the signatory cantons.

The agreement may be denounced with a two-year notice period by written declaration addressed to the secretariat by July 31st. Denunciation is only possible after five years of membership.

1 The obligations arising from this agreement for students who, at the time of termination, are enrolled in a school for the highly gifted remain unchanged until their departure, when

a. a canton terminates the agreement, or

b. a canton withdraws its willingness to pay for the course of study.

2 The right to equal treatment (Art. 9) remains valid analogously.

The Principality of Liechtenstein may accede to this Agreement under its own legislation. It shall enjoy the same rights and be subject to the same obligations as the other signatory cantons.

Bern, 20 February 2003 On behalf of the Swiss Conference of Cantonal Directors of Public Education

The President: Hans Ulrich Stöckling

The Secretary General: Hans Ambühl

Published in the FO 2014, 273.