Intercantonal Agreement on Cooperation in the Field of Special Needs Education - Purpose

1. The cantons in agreement shall collaborate in the field of special education with the aim of fulfilling the obligations stated in the Federal Constitution of the Swiss Confederation (SR [101](https://db.clex.ch/link/Bund/101/de)), in the Intercantonal Agreement on the Harmonization of Compulsory Education[[1]](#paragraphtext_content_fn_8191_2_1_c), and in the Federal Act on the Elimination of Disadvantages for People with Disabilities (SR [151.3](https://db.clex.ch/link/Bund/151.3/de)). Specifically

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| a) | they establish the basic provision that guarantees the education and care of children and adolescents with special educational needs | | |

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| b) | they promote the integration of these children and adolescents in regular schools | | |

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| c) | they commit to the application of common instruments | | |

1. Education in the Field of Special Needs Pedagogy is based on the Following Principles

a) Special needs pedagogy is part of the public educational mandate

b) Inclusive solutions are to be preferred over segregating solutions, taking into account the welfare and developmental possibilities of the child or adolescent, as well as considering the school environment and school organization

c) The principle of gratuity applies to the area of special needs pedagogy; however, financial contributions can be requested from legal guardians for meals and care

d) Legal guardians are to be involved in the process concerning the implementation of special needs educational measures

1. Children and adolescents from birth until the completion of their 20th year residing in Switzerland are entitled to appropriate special educational measures under the following conditions

a) Before school enrollment: If it is determined that their development is limited or at risk, or if they will not be able to follow the lessons in regular school without specific support.

b) During the compulsory schooling period: If it is determined that their developmental and educational abilities are so severely impaired that they cannot follow or can no longer follow the lessons in regular school without specific support, or if another special educational need has been identified.

1. The Special Educational Basic Offer comprises

a) Counseling and support, early therapeutic education, speech therapy, and psychomotricity;

b) Special educational measures in a regular school or in a special school; as well as

c) Care in day structures or residential accommodation in a special educational facility.

2. The cantons shall ensure the organization of necessary transportation and bear the costs thereof for children and adolescents who, due to their disability, are unable to manage the route between their place of residence, school, and/or therapy location independently.

1. If the measures taken before enrollment or in the regular school prove to be insufficient, the decision on ordering enhanced measures must be made based on the determination of individual needs.

2. Enhanced measures are characterized by one or all of the following features

a) long duration

b) high intensity

c) high degree of specialization of the professionals; and

d) significant impact on the daily life, social environment, or personal development of the child or adolescent

1. The agreement cantons designate the authorities responsible for ordering special education measures.

2. The authorities responsible for ordering special education measures determine the service providers.

3. The assessment of individual needs according to Article 5, Paragraph 1 is conducted within the framework of a standardized evaluation procedure by evaluation offices entrusted by the competent authorities, which are not identical to the service providers.

4. The appropriateness of the ordered measures must be periodically reviewed.

1. The agreement cantons use in cantonal law, in the cantonal concept for the area of special education, as well as in the corresponding guidelines

a) a uniform terminology

b) uniform quality standards for the recognition of service providers

c) a standardized assessment procedure for determining individual needs in accordance with Article 6 paragraph 3

2. The Swiss Conference of Cantonal Ministers of Education (EDK) is responsible for the scientific development and validation of the common instruments according to paragraph 1. For this purpose, it consults the national umbrella organizations of teachers, guardians, and institutions for children and young people with disabilities.

3. The common instruments are adopted by the plenary assembly of the EDK with a two-thirds majority of its members. The revision is carried out by the agreement cantons in a similar procedure.

4. The basic offer of special education is the subject of national educational monitoring.

1. The levels of requirement for the field of special education are adjusted based on the learning objectives set out in the curricula and the educational standards of mainstream schools; they take into account the individual needs and abilities of the child or adolescent.

1. The basic training of teachers in special needs education and the special education expert personnel for children and adolescents is regulated in the recognition regulations of the Swiss Conference of Cantonal Ministers of Education (EDK) or in federal law.

2. The signatory cantons collaborate in the development of an appropriate continuing education program.

1. Each contracting canton shall designate a cantonal contact point to the EDK, which shall be responsible for all questions concerning the field of special education.

1. The financing of services provided by out-of-canton inpatient facilities and out-of-canton facilities for external special education is governed by the Intercantonal Agreement on Social Institutions (IVSE).

1. Accession to this agreement shall be declared to the board of the EDK.

1. Withdrawal from the agreement must be declared to the Board of the EDK. It takes effect at the end of the third calendar year following the declaration of withdrawal.

1. The cantons that join the agreement after January 1, 2011, must implement it within six months from the date of ratification.

1. The Board of the EDK shall bring the agreement into force when at least ten cantons have acceded to it, but not earlier than January 1, 2011.

2. The entry into force shall be communicated to the federal government.

1. The Principality of Liechtenstein may accede to the agreement. It shall have all the rights and obligations of an agreement canton.