Complete national overview - Switzerland

Legal System

Constitution (BV)

The constitution (Bundesverfassung, BV), status 1st January 2008, contains the following articles, which are of particular importance for special education.

Equality before the law:

«No one may be discriminated against, in particular on grounds of origin, race, gender, age, language, social position, way of life, religious, ideological, or political convictions, or because of a physical, mental or psychological disability» (BV, Art. 8.2).
«The law shall provide for the elimination of inequalities that affect persons with disabilities» (BV, Art. 8.4). See below : Law on Equal Rights for persons with Disabilities (BehiG).

Right to Primary School Education:

«The right to an adequate and free primary school education is guaranteed» (BV, Art. 19).
Note: Article 8 and 19 belong to the  «Fundamental Rights» (Chapter 1 of the Constitution).

Social Objectives:

«The Confederation and the Cantons shall, as a complement to personal responsibility and private initiative, endeavour to ensure that children and young people as well as persons of employable age can obtain an education and undergo basic and advanced training in accordance with their abilities» (BV, Art. 41.1.f).
«The Confederation and Cantons shall endeavour to ensure that everyone is protected against the economic consequences of old-age, invalidity, illness, accident, unemployment, maternity, being orphaned and being widowed.» (BV, Art. 41.2).
«No direct right to state benefits may be established on the basis of these social objectives» (BV, Art. 41.4).
The decisive phrase in Art. 41.1.f is «in accordance with their abilities » which means that individual abilities are more important than other goals such as those of economy.

In Art. 41.2 it is important to understand the character of social insurance: the individual has the right to the necessary means of support in situations of social risk. In these kinds of situations, the individual has no obligation toward the state.

Article 41.4 is important in connection with the Federal Invalidity Insurance Law.

Intercantonal agreements:

«The Cantons may enter into agreements with each other and establish common organisations and institutions. In particular, they may jointly undertake tasks of regional importance together » (BV, Art. 48.1).
«The Confederation may participate in such organisations or institutions within the scope of its powers» (BV, Art. 48.2).
«Agreements between Cantons must not be contrary to the law, to the interests of the Confederation or to the rights of other Cantons. The Confederation must be notified of such agreements» (BV, Art. 48.3).
«The Cantons may by intercantonal agreement authorise intercantonal bodies to issue legislative provisions that implement an intercantonal agreement, provided the agreement. (BV, Art. 48.4).
a. has been approved under the same procedure that applies to other legislation;
b. determines the basic content of the provisions»
«The Cantons shall comply with intercantonal law» (BV, Art. 48.5).

School Education:

«The Cantons shall be responsible for the system of school education» (BV, Art. 62.1).
«They shall ensure the provision of an adequate primary school education that is available to all children. Primary school education shall be mandatory and be managed or supervised by the state. At state schools it shall be free of charge» (BV, Art. 62.2).
«The Cantons shall ensure that adequate special needs education is provided to all children and young people with disabilities up to the age of 20» (BV, Art. 62.3).
«Where harmonisation of school education is not achieved by means of co-ordination in the areas of school entry age and compulsory school attendance, the duration and objectives of levels of education, and the transition from one level to another, as well as the recognition of qualifications, the Confederation shall issue regulations to achieve such harmonisation» (BV, Art. 62.4).
«The Cantons shall participate in the drafting of federal legislation on school education that affects cantonal responsibilities, and special account shall be taken of their opinions» (BV, Art. 62.6).
Due to the fact that obligatory education (9 years) is a cantonal matter, the Swiss educational system is very diversified, which means that there are 26 different educational legislations. According to the constitution, the cantons are sovereign insofar as their sovereignty is not limited by the constitution (BV, Art. 3). The decentralised system has the advantage that the school structure can be adapted to cantonal, regional or local conditions. With HarmoS, a harmonisation of the education system in Switzerland is aimed at. Actually, the agreement concerning school co-ordination (29.10.1970) is still valid. The 9 years of obligatory education are also defined in this concordat.

Vocational education and training:

«The Confederation shall issue regulations on vocational education and training» (BV, Art. 63.1).
«It shall encourage the provision of a diverse and accessible range of courses in vocational training» (BV, Art. 63.2).
In contrast to obligatory education, post-obligatory education is regulated by federal legislation.
See below : Vocational Education Act  (BBG).

Social Security:

«The Confederation shall take measures to ensure adequate financial provision for the elderly, surviving spouses and children, and persons with disabilities. These shall be based on three pillars, namely the Federal Old-age, Survivors’ and Invalidity Insurance, the occupational pension scheme and private pension schemes» (BV, Art. 111.1).
«The Confederation shall encourage the rehabilitation of people eligible for invalidity benefits by providing cash and non-cash benefits. For this purpose, it may use resources from the Invalidity Insurance» (BV, Art. 112b.1).
«The Cantons shall encourage the rehabilitation of people eligible for invalidity benefits, in particular through contributions to the construction and running of institutions that provide accommodation and work» (BV, Art. 112b.2).
See below : Federal Invalidity Insurance Law
Source: The Constitution

Law on Equal Rights for persons with Disabilities (BehiG)

The Law on Equal Rights for persons with Disabilities (Bundesgesetz über die Beseitigung von Benachteiligungen behinderter Menschen, Behindertengleichstellungsgesetz, BehiG), effective as of 2004, materialises article 8.4 of the constitution.
«The cantons ensure that children and young people receive obligatory education, which is adapted to their special needs» (BehiG, Art. 20.1)
«The cantons promote the integration into mainstream school with appropriate measures, as far as this is possible and serves the well-being of the child or the young person with disabilities» (BehiG, Art. 20.2).
Source: BehiG

Federal Invalidity Insurance Law (IVG)

The Federal Invalidity Insurance Law (Invalidenversicherungsgesetz, IVG), 1959, arises from article 111 of the constitution.
Until the end of 2007, the Federal Invalidity Insurance Law constituted the federal aspect of special needs education by regulating the identification and co-financing of special needs education for children and young people with more severe disabilities. As a consequence, the national invalidity insurance influenced special needs education to a large extent, although education in general is a cantonal matter.
This law, however, has changed. At the beginning of 2008 the responsibility for funding special schools was transferred entirely to the cantons.
Sources (in German):
IVG, 1959
IVV, 1961

Vocational Education Act (BBG)

The Vocational Education Act (Bundesgesetz über die Berufsbildung, Berufsbildungsgesetz, BBG) took effect in 2004. It materialises the constitutional article 63, and is a general revision of an older law.
«This law promotes and develops the equalisation of the education chances in social and regional regard, equal rights of women and men as well as the removal of disadvantages of persons with handicaps» (BBG Art. 3c).
In contrast to obligatory education, post-obligatory education is substantially regulated on the national level. The new law creates a framework for a flexible organisation of educational forms and content. The most important change for people with special education needs – especially those with learning difficulties – is the new basic vocational training with federal certificate («Berufliche Grundbildung mit eidgenössischem Berufsattest»).
Also, federal law will regulate health and social professions, which until now have been under cantonal law.
Sources: BBG, 2004

Intercantonal agreements (intercantonal conventions)

HarmoS, intercantonal agreement on harmonisation of compulsory schooling

Intercantonal agreement of collaboration in the domain of Special Needs Education 

Phases of education

Early Childhood Education

The early childhood education of children presenting special education needs falls under cantonal legislation.

Compulsory Schooling

The schooling of children presenting special education needs falls under cantonal legislation. All cantons have a legal basis for special needs education.

Transition period

Post-obligatory education is regulated on the federal level. If young people with special education needs are recognised by the Invalidity Insurance, their post-obligatory education falls under the Federal Invalidity Insurance Law. If not, their post-obligatory education is regulated by the Federal Vocational Education Act.

Financing

Introduction

The financing of obligatory education in Switzerland falls under the responsibility of the cantons (provinces), together with the communities. Therefore, it is financed with locally collected tax revenues.

Concerning the financing of post-obligatory education, there is a difference between vocational training and higher education. Vocational training is financed by the cantons with a federal contribution Higher education is financed by the cantons, sometimes together with larger communities.

The financing of special needs education (SNE) is a matter of the cantons.

Phases of education

Early Childhood Education

Early Childhood Intervention is defined as a special educational measure; in this context, the preparation for special education and for mainstream education is financed by the canton and by the community.

Compulsory Schooling

The financing of SNE is a matter of the cantons.

The Swiss parliament decided to change the funding. Consequently, the responsibility for funding is transferred entirely to the cantons, from the beginning of January 2008.

Source: Reorganisation of Financial Equalization and Tasks between the Confederation and the Cantons (NFA)

Schooling for children with less severe special educational needs (e.g. learning problems), is provided in special classes (Kleinklassen), in different integrative forms, by means of support teaching (Stützunterricht) and therapies.

Financing: Usually community and canton share the costs. The provisions and financing schemes are based on cantonal legislation, which results in different models in the 26 cantons.

Transition period

The financing of SNE at the post-obligatory level depends on whether the adolescent is recognised by the Invalidity Insurance or not.

• Vocational training. Financing: Majority by the Invalidity Insurance (individual contributions; collective contributions to institutions offering basic vocational training), rest by canton.
• Higher education: Adolescents with less severe special educational needs (e.g. learning difficulties) are unlikely to participate in higher education. In principle, corresponding provisions would be financed by the cantons.

Financial Support

It should be noted, that despite the coming into force of the «Reorganisation of  Financial Equalization and Tasks between the Confederation and the Cantons» (NFA) on1st of January 2008, the Swiss federal invalidity insurance scheme remains responsible for distributing benefits and supplementary benefits for initial occupational training for disabled juveniles qualifying under the criterions of the Swiss federal invalidity insurance scheme (IVG, Art. 16).

Identification of special educational needs

Introduction

There are special agencies in each of the Swiss Cantons responsible for investigatory procedures, diagnoses, therapies and advisories (among others: the school psychological services).
Within the scope of inter-cantonal collaboration in Special Needs Education affairs, a project team is developing standardised investigatory procedures for the assessment  of individual educational and development requirements for SEN children and juveniles.

Phases of education

Early Childhood Education

The special educational needs of young children are mostly identified by medical doctors and early intervention specialists. As early intervention is not obligatory in Switzerland, parents must give their approval for initial assessment and possible intervention.

Identification procedure: there is no standard instrument available; orientation on ICF is under discussion (procedures based on ICF are being developed).

Compulsory Schooling

The identification of special needs in school children is often initiated by early intervention specialists. In addition, in most cantons, school psychologists play a central role.
Also important are: parents, teachers, SNE specialists (SNE school managers), the school administration board (Schulbehörde i.e. school commission at community level) and cantonal institutions (e.g. the cantonal board for obligatory schooling; Amt für Volksschulbildung).

In many cantons, the final decision is made by the school administrative board. In case of a disagreement, a special procedure has to be followed in many cantons (e.g. second assessment, hearing of the parents), but the final decision remains within the brief of the school administrative board.

Transition period

During this period, identification of needs is mostly based on earlier educational identification procedures.

Future Investigatory Procedures

The basis for the investigatory procedures has been adopted from the 'ICF' - International Classification of Functioning of the 'WHO' - World Health Organisation, in particular from the 'ICF-CY' version for disabled children and juveniles, as well as other classification systems such as the 'ICD-10' - International Classification of Diseases. (Source: http://www.who.int/classifications/icf/en, and http://www.who.int/classifications/icd/en) 

The investigatory procedures will in future permit the Swiss Cantons to allocate individual resources within the scope of the early childhood area, the regular schooling system, special classes or special schools , for disabled children and juveniles, who require enhanced special educational measures. Under pilot trials for the development of standardised investigatory procedures, assessment instrumentation will be drawn up for the pre-school-, obligatory primary school- and the secondary school level 'II'.
The new standardised investigatory procedures will become obligatory for the cantons which have ratified the Intercantonal agreement of collaboration in the domain of Special Needs Education.

Special needs education within the education system

Introduction

Compulsory education in Switzerland totals 9 years. For detailed information regarding the organisation of mainstream educational services in Switzerland, see http://www.educa.ch/dyn/14.asp

The cantons (provinces) are responsible for the organisation of special needs education, as they are for education in general. There are special forms of schooling for pupils, who cannot meet the usual school standards or who need special educational programmes to do so. Compulsory education applies also to pupils with visual impairments, hearing impairments, physical disabilities, learning disabilities, mental retardation, speech disorders, and behavioural disorders.

Phases of education

Early Childhood Intervention

Early Childhood Intervention in Switzerland is mostly family-based. Measures can start at birth or in the very first years, before the child starts school. The early intervention specialist comes either to the home of the child, or the parents bring the child to the early intervention service. Partly, they work with small groups of children. In addition, children with more severe problems can receive in-house care in a specialised institution (boarding house) on a temporary basis or for a longer time.

There are over 100 early intervention services ensuring  complete coverage of the country. Mostly, they are generalists experienced in dealing with different problems. In addition, there are some institutions specialised in certain impairments. In recent years, the number of freelance early intervention specialists has increased.

Early intervention services are partly under private law (e.g. parents associations), partly under public law (e.g. community or canton).

Special needs kindergarten

A proportion of children presenting developmental delays attend a special needs kindergarten or a kindergarten for children with speech problems. There are, however, regional differences. A large number of these provisions are located in larger cities. In principle, special needs kindergartens prepare children for special schools. They accept children aged 4-7 years.

Integration

Some children receiving early intervention attend a mainstream kindergarten, accompanied by an early intervention specialist who mainly works in the domestic environment of the child with occasional visits to the kindergarten. The integration into mainstream kindergarten depends to a large extent on the legal basis within the canton.

«Basisstufe» (transition from kindergarten to primary school)

The introduction of a new provision for the transition from kindergarten to primary school is a challenge for professionals dealing with young children.
In the «Basisstufe» children aged 4 to 8 are taught together in one class. They can be in this provision for 3-5 years.
At present, introductory classes are available in different pilot projects in public schools; private schools offer this provision already.

Compulsory Schooling ISCED 1+2

Special needs education consists of special schools and special classes, which are linked to mainstream school. There is also integrated schooling, with or without support from a special school.

Special schools

There are special schools for

• pupils with mental impairments
• pupils with physical impairments
• pupils with severe behavioural disorders
• pupils with hearing, speech, visual impairments
• chronically ill pupils (hospital schools)

The number of pupils in special schools has increased in the last 2-3 years.

Special classes

This provision of special needs education is linked to mainstream school (e.g. the classes are in the same building as mainstream classes and under the same administration).

• Kleinklassen at the primary level (usually not more than 14 pupils, adapted curriculum)
• Werkklassen / Werkjahr at the lower secondary level (practical classes, reduced curriculum)

Note: Until 2004, the proportion of pupils in special classes has constantly risen. These classes consist of a substantial proportion of pupils with behavioural problems and pupils with learning difficulties. Since 2005,  the number of pupils in special classes is fewer. The number of pupils who benefit from individual measures by visiting services has risen as well.

Integrated schooling

Integration is still quite rare for pupils with more severe disabilities. There are models usually linked to a special school. The pupil remains administratively in the special school.

Integration is an alternative to special classes for pupils with less severe disabilities.

Note: In integrated schooling, the pupil has either an individual education programme for all disciplines or for 1-2 disciplines only.

Individual measures

These provisions are offered by visiting services, mostly in integrative settings within mainstream school. Most frequently used provisions are speech therapy, treatment of dyslexia and psychomotor therapy.

The proportion of female pupils in special needs classes is 37.1% and the proportion of pupils from ethnic minority groups is around 43.9% (2007/08) (Source: http://www.bfs.admin.ch/bfs/portal/de/index/themen/15/03/key/blank/obligatorische_r/uebersicht.html).

Transition period

In comparison with educational systems specialised in the primary school level and the secondary school level 'I' (obligatory education), the preparation for occupational learning as well as occupational training are less well developed in situations of disablement. The possibilities of post- training and occupational opportunities is differentiated according to the degree of disablement.

In regard to juveniles encountering difficulties at school and subsequent training, the legislation governing occupational training (BBG), dated 01 January 2004 provides the possibility of undertaking initial apprenticeship training of two years and receive a Swiss Federal Certificate in a variety of trades.There exist other provisions for juveniles who fail to satisfy the requirements of being awarded a Swiss Federal certification, for example practical training under the INSOS regulations.

Occupational Advisories

In all cases, the cantonal agencies for occupational advice, and in certain cases the Swiss federal state disablement insurance agencies for occupational advisories, represent the best resource for occupational choice. State disablement insurance advisories are to be provided by the Swiss cantonal disablement insurance agencies (IVG, art. 57d).

Pupils with special educational needs attending higher schools are mostly affected by physical impairments. They are normally integrated in mainstream schools.

History of special education in Switzerland

• First school for blind pupils in Zurich (1810)
• First school for deaf pupils in Yverdon (1811)
• First school for pupils with learning difficulties in La Chaux-de-Fonds (1882)
• The establishment of the Invalidity Insurance (1960; see 1. Law) facilitated the development of schools with special curricula
• 2008 special education is a complete part of the education system (see the Financing section)

Teacher training - basic and specialist teacher training

Basic teacher training

Basic teacher training program for the pre-primary and/or primary level requires a high school degree that ends with a Bachelor’s degree. A full-time course of studies takes six semesters or three years (including practice teaching), at least 180 ECTS credits are necessary for graduation.
Graduates of the teacher training program for the pre-primary and/or primary level receive a «Teaching Certificate for the Pre-Primary and/or Primary Level» and the academic title of Bachelor of Arts in Pre-Primary and/or Primary Education.

Specialist Training

The special needs education program allows students to gain the knowledge, operational abilities, and personal competences, which qualify them in the field of early childhood intervention for preventive and instructional support of children, whose development is endangered, disrupted or hindered, as well as appropriate familial intervention, and in the field of special education teaching, for instruction and educational work with pupils who have special educational needs.
A full-time course of studies in special needs education takes four semesters or two years (including practice teaching) and corresponds to a Master of Arts in Special Needs Education (in the field of either «Early Childhood Intervention» or in the field of «Special Education Teaching»). Graduates of the teacher training program for special education teaching receive a «Special Needs Teaching Certificate» and a reference to their chosen area of specialisation.

In order to be accepted into a special needs education program, in the field of special education teaching, the following minimum qualifications set by the Swiss Conference of Cantonal Ministers of Education (EDK) must be met: a teacher’s certificate for normal classroom work or a Bachelor’s degree in speech and language therapy or psychomotor therapy, or a Bachelor’s degree in a related field of studies. Students, who have received a Bachelor’s degree through an integrated course of studies for a secondary I teacher’s certificate, may also be accepted for this program.

There are a few institutions that offer study programs in special needs education. For more information see the website of the Swiss Union of the Institution for Special needs education (VHPA).

Development of inclusion

The integration of children and adolescents with special educational needs into mainstream school is gaining importance in Switzerland. Most cantons, frequently also communities, have developed concepts, regulations and guidelines and now offer corresponding provisions. On the Federal level, the Law on Equal Rights for People with Disabilities recommends that the cantons promote integration (see the Legal System section).

The change from federal to cantonal authority at the beginning of 2008 may threaten the level of provision for SNE, but is also a chance to promote integration. Cantons will have more flexibility to establish models of schooling matching their demographic and geographic structure and therefore develop more integrative forms of SNE.

Today, children with less severe special educational needs – pupils of the so-called «special classes» are more frequently integrated than children with more severe educational needs. Pupils with learning problems are more frequently integrated than pupils with behavioural problems. Integration of pupils from special schools is still rare, but constantly increasing. In line with other countries with a more segregated school system, parental pressure towards integration and inclusion is growing.

Generally, less densely populated areas (e.g. the canton of Valais) have, due to their geographical situation, more integrative and inclusive offers than other parts of Switzerland. Another distinctive situation is the canton of Ticino (Italian-speaking Switzerland). Ticino followed the Italian model of integration to some extent with «Sostegno pedagogico», a model of teacher and pupil support in mainstream school, with the result that there is no segregation for the less severe forms of special needs.

Quality indicators for SNE

The revision of the financing system (see sections on the Legal System and Financing) has changed. There will be no more national financing and therefore no national standards can be linked to the financial support. A new system of quality assurance with corresponding indicators has to be developed on the national level in order to substitute the functions of the Federal Invalidity Insurance and assure equity in SNE across cantons.

View the SNE data for Switzerland