Law on the Continuing Education of Teachers
Table of Provisions (28)
Statutory Text (28 Articles)
1 This Act applies to the continuing education activities of teachers working in public schools of every level and type. [2]
2 For teachers in vocational schools, federal provisions are also reserved.
Aims and modalities of continuing education activities [3]
[2] Para. amended by Act of 23.2.2015; in force since 1.8.2015 - Official Gazette 2015, 200.
[3] Marginal note amended by Act of 23.2.2015; in force since 1.8.2015 - Official Gazette 2015, 200.
[4] 1 Pursuant to Article 45 of the School Law of 1 February 1990, teachers, through continuous professional development, achieve the renewal and development of their basic education and professional competencies.
2 Continuous professional development activities are designed to contribute to the personal development of teachers in terms of scientific, pedagogical, educational, methodological, and social competencies, taking into account the evolution of knowledge, teaching methods, and societal transformations.
3 The objectives guiding continuous professional development relate to three main axes of development: personal, professional, and institutional. It is implemented through individual activities, collaborations with colleagues, study days, courses of various durations, seminars, school-based projects, research activities or production of teaching materials, and other forms suitable to the needs of the school and teachers.
[4] Art. amended by L 23.2.2015; effective from 1.8.2015 - BU 2015, 200.
[5] 1 The Canton, within the context of the four-year planning referred to in para. 3, promotes the continuing education of teachers by
a) organizing its own activities or in collaboration with other training institutions;
b) supporting activities promoted by individual teachers or groups of teachers;
c) facilitating the participation of teachers in courses organized by other institutions.
2 The Municipalities and Consortia collaborate with the Canton in implementing continuing education activities for municipal and consortial teachers (hereinafter municipal teachers). [6]
3 The competent Department (hereinafter the Department), having consulted teachers through the representative associations of the teaching body, elaborates every four years the guidelines and planning for continuing education activities for schools of all levels.
4 The Department monitors both the four-year planning referred to in para. 3 and the continuing education activities carried out by teachers of all levels during a four-year period.
5 For monitoring related to teachers, the regulation establishes the type of activities considered and the methods of data collection.
[5] Art. amended by L 23.2.2015; in force since 1.8.2015 - BU 2015, 200.
[6] Para. amended by L 22.9.2020; in force since 1.8.2020 - BU 2020, 349.
[7] 1 Teachers are responsible for their own continuing education, which they acknowledge as an inalienable right and duty and an integral part of their professional activity. They pursue it by participating in activities promoted by the Canton or by entities recognized by it, as well as through courses and activities of their own free choice, and through personal initiatives.
2 The regulation defines the minimum amount of continuing education activities that teachers are required to complete over a four-year period.
3 Teachers document their continuing education activities and their expectations over the four-year period according to the procedures established by the regulation.
4 Teachers are entitled to document other courses or personal activities in their field of activity.
[7] Article amended by L 23.2.2015; in force since 1.8.2015 - BU 2015, 200.
… [9]
Continuing education bodies and programs [10]
[9] Article repealed by Law 23.2.2015; in force since 1.8.2015 - Official Bulletin 2015, 200.
[10] Marginal note amended by Law 23.2.2015; in force since 1.8.2015 - Official Bulletin 2015, 200.
[11] 1 The Canton promotes its continuing education activities as provided for in Art. 3 para. 1 let. a) through mandates to recognized educational institutions or through continuing education activities promoted or supported by the departmental offices.
2 Within the framework of the planning referred to in Art. 3 para. 3, the Department ratifies the annual continuing education programs and organizational modalities.
[11] Art. amended by L 23.2.2015; in force since 1.8.2015 - BU 2015, 200; previous amendments: BU 2002, 103; BU 2002, 195; BU 2009, 203.
… [12]
[12] Article repealed by Law 19.2.2002; effective from 1.7.2002 - BU 2002, 103.
[13] The Canton may wholly or partially finance the organization of continuing education courses promoted by entities or training institutions that pursue the objectives indicated in this Act.
[13] Art. amended by L 23.2.2015; in force since 1.8.2015 - BU 2015, 200.
[14] 1 The Department shall determine whether participation in each individual continuing education activity promoted or supported by the Canton is mandatory or optional.
2 Participation shall be mandatory when the continuing education needs are determined, as a rule, by changes introduced in teaching (renewal of curricula, techniques and methods) or by particular requirements of the school.
[14] Art. amended by L 23.2.2015; in force since 1.8.2015 - BU 2015, 200.
[15] 1 Teachers of all levels of school may be called upon to participate in mandatory continuous professional development activities
a) in the period from early September to mid-June outside of school hours for a maximum number of days defined by the regulation;
b) in the two weeks before the start of the school year and in the two weeks after the end;
c) during school hours.
2 Participation in continuous professional development activities must respect the principle of continuity and regularity of teaching.
3 Participation in optional continuous professional development activities chosen by the teacher takes place, as a rule, outside of school hours. In particular circumstances, attendance may also be authorized during school hours by the appointing authority within the quantitative limits defined by the regulation.
4 The appointing authority may grant a reduction in teaching load for participation in continuous professional development courses distributed throughout the entire school year.
5 Continuous professional development during school hours does not entail salary deduction.
6 The costs of participation in mandatory continuous professional development activities are entirely borne by the Canton.
7 The costs of participation in optional continuous professional development activities organized by the institutions referred to in Art. 6 are, as a rule, borne by the Canton; travel expenses and allowances for meals and accommodation for courses organized within the Canton are not reimbursed.
8 The costs of participation in optional continuous professional development activities organized by other bodies recognized by the Department are borne by the participants. The Canton may grant a subsidy; the conditions, the procedure for obtaining the subsidy, and its amount are established by the regulation.
9 To achieve the quantity defined by the regulation referred to in Art. 4 para. 2, the teacher, in the context of the optional continuous professional development activities specified in para. 3, has the right to participate during school hours and, notwithstanding para. 7, to obtain reimbursement of travel expenses and allowances for meals and accommodation for courses organized within the Canton.
[15] Art. amended by L 23.2.2015; in force since 1.8.2015 - BU 2015, 200; previous amendments: BU 1997, 402; BU 2004, 450.
[16] **1** Teachers in private compulsory schools recognized as equivalent are obliged to participate in mandatory continuous professional development activities: the organizational costs of the courses shall be borne by the Canton.
**2** Teachers in private schools, both those recognized as equivalent and those not so recognized, may participate in both the mandatory and optional continuous professional development activities organized by the institutions referred to in Art. 6: the participation costs shall be borne by the participants in accordance with the procedures established by the regulation.
**3** No contribution shall be granted to teachers in private schools for their participation in continuous professional development activities.
[16] Art. amended by L 23.2.2015; in force from 1.8.2015 - BU 2015, 200.
[17] 1 Absences occasioned by teachers' participation in continuing education activities are, as a rule, covered by internal school substitutes or by recourse to external substitutes. The Department issues provisions on the matter.
2 Exceptions to the provisions of para. 1 are absences occasioned by teachers' participation in optional continuing education activities referred to in Art. 10 para. 9, which are covered by external substitutes.
3 … [18]
[17] Art. modified by L 23.2.2015; in force since 1.8.2015 - BU 2015, 200; previous modification: BU 2004, 450.
[18] Para. repealed by DL 16.12.2015; in force since 1.1.2016 - BU 2016, 69.
[20] Leave for training or research aims to allow for specialization in the teacher's field of activity. It must meet specific interests of the school, as recognized by the Department.
[20] Art. amended by L 23.2.2015; in force since 1.8.2015 - BU 2015, 200.
[21] 1 The appointing authority may grant cantonal and communal teachers an educational or research leave without deduction of salary.
2 The educational or research leave generally lasts one school year and may be granted, as a rule, once during the teacher's professional activity; if circumstances justify it, it may be spread over 2 continuous school years, subject to the needs of the school, according to modalities authorised by the Council of State.
3 As an alternative to the modality defined in paragraph 2, the granting of an educational or research leave may also involve a partial reduction of the workload defined by the appointment relationship; in this case, the reduction may be granted multiple times during the teacher's professional activity.
4 The teacher benefiting from an educational or research leave maintains their employment relationship unchanged and accrues the corresponding seniority of service.
5 The costs of participation in courses or specialisation activities shall be borne by the teacher.
[21] Art. amended by L 23.2.2015; in force since 1.8.2015 - BU 2015, 200.
[22] 1 The requirements for obtaining educational or research leave are
a) an appointment relationship;
b) at least 10 years of service in the public schools of the Canton;
c) a maximum age of 55 years;
d) the commitment to resume service in schools for at least 3 consecutive years after the end of the educational or research leave, maintaining the employment relationship with the same appointing authority or, with the latter's prior consent, with a different appointing authority;
e) the commitment not to engage in any lucrative activity during the leave;
f) the commitment to submit to the Department, within six months of the end of the leave, a detailed report on the activity carried out, accompanied by the relevant documentation;
g) the commitment to make the results of the insights gained publicly available, through methods defined by the regulations.
2 The granting of educational or research leave is subject to the possibility of ensuring a qualified substitute.
[22] Art. amended by L 23.2.2015; in force since 1.8.2015 - BU 2015, 200.
[23] 1 A request for study leave or research leave must be submitted to the appointing authority at least one year before the start of the leave.
2 The request must be accompanied by a detailed project plan of the proposed training, information on the institutions where it will take place, and information on the expected results.
[23] Art. amended by L 23.2.2015; in force since 1.8.2015 - BU 2015, 200.
[24] 1 The granting of training or research leave is the responsibility of the Council of State for cantonal teachers, and of the Municipality (or the Consortium Delegation) for communal teachers. [25]
2 Within the framework of the financing provided for by Art. 25, the appointing authority shall annually determine the allocation it intends to dedicate to training or research leave, based on the requests and the preliminary opinion of the Cantonal Commission referred to in Art. 18.
[24] Art. amended by L 23.2.2015; in force since 1.8.2015 - BU 2015, 200.
[25] Para. amended by L 22.9.2020; in force since 1.8.2020 - BU 2020, 349.
[26] The Council of State shall appoint a cantonal commission responsible for examining and providing preliminary opinions on applications for study or research leave submitted by cantonal and communal teachers. It may avail itself of the advice of experts.
[26] Art. amended by the L 22.9.2020; in force since 1.8.2020 - BU 2020, 349; previous amendment: BU 2015, 200.
1 The teacher who fails to comply with the commitments set out in Art. 15 para. 1 lit. d) and e) is obliged to reimburse, in full or in part, the expenses occasioned by the study or research leave. [27]
2 For serious personal or family reasons, the appointing authority may waive, partially or totally, the reimbursement of the amount owed by the teacher.
[27] Para. amended by Law of 23.2.2015; in force since 1.8.2015 - BU 2015, 200.
[28] The Canton grants contributions for study or research leaves for municipal teachers in accordance with the provisions of the School Act of 1 February 1990.
[28] Art. amended by Law of 22.9.2020; in force since 1.8.2020 - BU 2020, 349; previous amendments: BU 2015, 200; BU 2016, 69.
[30] To enable teachers to undertake professional practice in other school levels and types or in professional sectors related to their training, the Canton promotes temporary transfers for continuing education purposes. As a rule, these transfers must have a minimum duration of one school year.
[30] Art. amended by Law of 23.2.2015; in force since 1.8.2015 - BU 2015, 200.
[31] A teacher transferred within the services of the Canton, the Communes, and the Consortia retains the salary of the appointing function, subject to the provisions of the Law on the Salaries of State Employees and Teachers of 23 January 2017.
[31] Art. modified by L 22.9.2020; in force since 1.8.2020 - BU 2020, 349; previous amendment: BU 2015, 200.
[32] 1 In the event of a temporary transfer of a teacher to an agency or a private industry, the appointing authority may grant leave with a deduction of salary.
2 The appointing authority may grant a contribution to compensate for any decreases in salary; in this case, the teacher commits to resuming service at the school for at least three uninterrupted years.
[32] Article amended by Law 23.2.2015; in force from 1.8.2015 - BU 2015, 200.
[33] The request for transfer must be submitted to the appointing authority at least one year before the start of the transfer; it is prefaced by the Department.
[33] Art. amended by Law of 23.2.2015; in force from 1.8.2015 - BU 2015, 200.
[34] 1 The Grand Council shall annually decide, in the budget approval process, on the credit allocated to finance the continuing education of teachers according to this law.
2 The decision on individual expenses destined for the continuing education of cantonal teachers falls within the competence of the Department; an appeal against this decision may be lodged with the Council of State, whose decision may be challenged before the Cantonal Administrative Court.
3 For Municipalities and Consortia, the relevant regulations shall apply, subject to cantonal competences.
[34] Art. amended by L 23.2.2015; in force since 1.8.2015 - BU 2015, 200; previous amendments: BU 2004, 450; BU 2009, 27.
… [35]
[35] Art. repealed by L 20.9.2004; in force from 17.12.2004 – BU 2004, 450.
Articles 13 and 14 of the School Law of May 29, 1958 are repealed.
1 After the expiry of the time limits for the exercise of the right of referendum, this law shall be published in the Official Bulletin of Laws and Executive Acts.
2 The Council of State shall determine its entry into force. [36]
Published in OB 1990, 323.
[36] Entry into force: school year 1991/1992 - OB 1990, 323.