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COMPLETE NATIONAL OVERVIEW
Legal System
Legal basis
Constitution (BV)
The constitution (Bundervesfassung, BV), 2000, contains the following articles, which are of particular importance for special education.
Equality before the law:
“Nobody shall suffer discrimination, particularly on grounds of origin, race, sex, age, language, social position, lifestyle, religious, philosophical or political convictions, or because of a corporal or mental disability.” (BV, Art. 8.2).
“Legislation shall provide for measures to eliminate disadvantages affecting disabled people.” (BV, Art. 8.4). See below (1b): Law on Equal Rights for persons with Disabilities.
Right to Primary Education:
“The right to sufficient and free primary education is guaranteed.” (BV, Art. 19.)
Note: Article 8 and 19 belong to the “Fundamental Rights” (Chapter 1 of the Constitution).
Social Goals:
“The Confederation and the Cantons shall strive to ensure that, in addition to personal responsibility and private initiative, children and young people and people of working age shall benefit from initial and continuing education according to their abilities.” (BV, Art. 41.1.f).
“The Confederation and the Cantons shall strive to ensure that every person shall be insured against the economic consequences of old age, disability, illness, accidents, unemployment, maternity, orphanhood, and widowhood.» (BV, Art. 41.2).
“No direct subjective right to prestations by the state may be derived from the social goals.” (BV, Art. 41.4).
The decisive phrase in Art. 41.1.f is “according to their abilities” which means that the individual abilities are more important than other goals such as those of the economy.
In Art. 41.2 it is important to understand the character of social insurance: the individual has the right to get 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 (see below: 1c).
Education:
“Education is a cantonal matter.” (BV, Art. 62.1).
“The Cantons shall ensure a sufficient primary education open to all children. This education shall be compulsory, and shall be placed under state direction or supervision.
It shall be free in public schools. (...).” (BV, Art. 62.2).
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). On one hand, the decentralised system has the advantage that the school structure can be adapted to cantonal, regional or local conditions. The disadvantage is that schooling provisions vary according to financial strength or political direction in the respective cantons. This leads to different opportunities within the educational sector. A harmonisation of the education system in Switzerland is aimed at, with the concordat concerning school co-ordination (29.10.1970). The 9 years of obligatory education are also defined in this concordat.
Professional Education:
“The Confederation shall legislate on professional education.” (BV, Art. 63).
In contrast to obligatory education, post-obligatory education is regulated by federal legislation.
See below (1d): Vocational Education Act
Social Security:
“The Confederation shall take measures for an adequate social security for the elderly, survivors, and disabled persons. These shall be based on three pillars, namely, federal old age, survivors’, and disability insurance, employee pension plans, and provision by individuals for their own future.” (BV, Art. 111.1)
“The Confederation shall encourage the integration of disabled persons, and support efforts to assist the elderly, survivors, and disabled persons. To this end, it may use the funds of the old age, survivors’, and disability insurance.” (BV, Art. 112. 6).
See below (1c): Federal Invalidity Insurance Law
Sources:
Constitution: www.admin.ch/ch/index.en.html
Concordat: www.edk.ch/d/EDK/rechtsgrundlagen/framesets/mainRechtKonk_d.html
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, own translation)
“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, own translation).
This law certainly is an achievement by improving the social position of people with disabilities and by setting basic conditions for the removal of disadvantages. It is, however, relatively weak when it comes to the protection of rights of children with special education needs: the law creates no individual legally enforceable claims. Instead, it makes rather general recommendations to the cantons. Art. 62.1 of the constitution weakens the power of the law by declaring education as a cantonal matter.
Source: BehiG: www.ofj.admin.ch/themen/behinderte/bg-behig-d.pdf
Federal Invalidity Insurance Law (IVG)
The Federal Invalidity Insurance Law (Invalidenversicherungsgesetz, IVG), 1959, arises from article 111 of the constitution.
The Federal Invalidity Insurance Law constitutes the federal aspect of special needs education by regulating the identification and financing of special needs education for children and young people with more severe disabilities (see the sections on Financing and Identification). As a consequence, the national invalidity insurance influences special needs education to a large extent, although education in general is a cantonal matter (see above, 1a).
This law, however, will probably be changed. The responsibility for funding special schools will be transferred entirely to the cantons. Whereas a unique funding authority for educational matters is welcomed, there are fears whether the actual high level of funding can be maintained under the new system. This change will probably be effective as of 2007 (see Financing section).
Sources:
IVG: www.admin.ch/ch/d/sr/831_20/index.html
Ordinance re. Invalidity Insurance (IVV, 1960): www.admin.ch/ch/d/gg/cr/1961/19610003.htm).l
Vocational Education Act (nBBG)
The new Vocational Education Act (Bundesgesetz über die Berufsbildung, Berufsbildungsgesetz, nBBG) will be effective as of 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 woman and men as well as the removal of disadvantages of persons with handicaps” (nBBG Art. 3.c, own translation).
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:
Vocational Education Act (BBG, 1978): /www.admin.ch/ch/d/sr/c412_10.html
New Vocational Education Act (nBBG, 2004): www.bbt.admin.ch/dossiers/nbb/d/index.htm
Phases of education
Early Years Education
Early years education of children recognised by the Invalidity Insurance (see the section on Financing) falls under the Federal Invalidity Insurance Law (see 1c).
If children present special education needs which are not recognised by the Invalidity Insurance (see the Financing section), their early years education falls under cantonal legislation. Until the mid-1990s, several cantons did not have a legal basis. Today, most cantons have a legal basis for early intervention.
Compulsory Schooling
Compulsory Schooling of children recognised by the Invalidity Insurance in special schools or special needs kindergartens (see the Financing section) falls under the Federal Invalidity Insurance Law (see 1c). If children present special education needs which are not recognised by the Invalidity Insurance (see the Financing section), their schooling 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 (see 1c). If not, their post-obligatory education is regulated by the Federal Vocational Education Act (1d).
Financing
Introduction
The financing of obligatory education in Switzerland (9 years) 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 of some 20%. Higher education is financed by the cantons, sometimes together with larger communities.
The financing of special needs education (SNE) depends on whether the pupil or the institution is recognised by the Invalidity Insurance or not (see the section on Identification).
Financing of SNE recognised by the Invalidity Insurance
Provision: SNE or elements of SNE for pupils with more severe disabilities recognised by the Invalidity insurance (for categories see the section on Identification).
Financing: 50-60% by the Invalidity Insurance, the rest by canton and community.
There are two forms of contributions from the Invalidity insurance:
1. Individual contributions for SNE and rehabilitation measures;
a) Collective contributions to institutions working within the framework set out in the legislation, paying for construction, running costs and continuing education for the professional staff.
If a person is recognised by the Invalidity Insurance, the Insurance pays for educational measures up to the age of 20 (see the section on Identification).
Financing of SNE not recognised by the Invalidity Insurance
Provision: SNE elements for pupils with less severe disabilities, support teaching, special classes and therapies.
Financing: By canton and community.
Phases of education
Early Years Education
Children with recognition by the Invalidity Insurance:
Most young children presenting a requirement for special education are recognised by the Invalidity Insurance (see the section on Identification). The Invalidity Insurance defines early intervention as a special educational measure; in this context, the preparation for special education and for mainstream education is financed (Revised Invalidity Insurance Law, 1968).
Financing: Mostly (appr. 90%) by the Invalidity Insurance. Contributions are paid to the institution of early intervention mainly as individual contributions for SNE and rehabilitation measures. The rest is paid by the canton and by the community (where the insured is resident).
Note: This system will probably be changed in 2007 when the responsibility for funding will be transferred entirely to the cantons (see 1c. Legal System / Invalidity Insurance Law).
Children without recognition by the Invalidity Insurance:
Some 10% of children presenting a need for special education are not recognised by the Invalidity Insurance. They either don’t fall into the insurance categories (they are only at risk of developing special educational needs, which are not yet manifest), or they are not covered by the insurance.
Financing: Fully financed by canton or community.
Compulsory Schooling
The financing of SNE depends on whether the pupil is recognised by the Invalidity Insurance or not.
Children with recognition by the Invalidity Insurance:
The Invalidity Insurance finances
- mainly special schools or special kindergartens;
-integrative provisions (they are still rare but increasing; furthermore, integrative provisions are financed only if they are administratively linked to special schools).
Financing: Provisions are financed to 50-60% by the Invalidity Insurance, partly as individual contributions for SNE and rehabilitation measures, partly as collective contributions to institutions working within the framework set out in the legislation, paying for construction, running costs and continuing education for the professional staff. Both individual and collective contributions are paid to the institution.
Note: The issue of funding of special education has been controversially discussed since the 1980s. The focus has been on trying to streamline the system, which was perceived as rigid, complicated and heterogeneous (e.g. different forms of implementation of the Federal Invalidity Insurance Law in the cantons).
The Swiss parliament recently decided for a change in funding. Consequently, the responsibility for funding will be transferred entirely to the cantons, probably as of 2007 (see 1c. Invalidity Insurance Law in the section on Legal System). Whereas a unique funding authority for educational matters is welcomed, there are fears over whether the actual high level of funding can be maintained under the new system, given the financial heterogeneity of the 26 cantons. The most important goal now is to develop, assure and manage national standards for SNE.
Source: New equalisation of funding (Neugestaltung des Finanzausgleichs), www.nfa.ch
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.
Adolescents with recognition by the Invalidity Insurance:
- Vocational training: Financing: Majority by the Invalidity Insurance (individual contributions; collective contributions to institutions offering basic vocational training), rest by canton.
- Higher Education: Higher education is financed by the cantons, sometimes together with larger communities. The Invalidity Insurance pays for the additional costs caused by the disability or impairment.
Adolescents without recognition by the Invalidity Insurance:
- Vocational training:Financing: There are different provisions offered by the cantons or communities. These programmes, however, are affected if there are budget problems. One reason to cut these programmes is the absence of a legal basis (compulsory schooling ends after 9 years). A motivation for the cantons or communities to continue programmes is to prevent social problems caused by youth unemployment.
- 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.
Identification of Special Needs
Introduction
The criteria of the Federal Invalidity Insurance (Invalidenversicherung, IV) plays a central role in the identification of special needs (see the sections of the Legal System and Financing).
Pupils with recognition by the Invalidity Insurance
The ordinance regarding Invalidity Insurance (IVV, Art. 8) lists the following criteria for a contribution to school fees:
- insured with a mental handicap (Intelligence coefficient below 75),
- blind insured or insured with visual impairments (criteria see IVV),
- deaf insured or insured with hearing impairments (criteria see IVV),
- insured with important physical handicaps,
- insured with a speech handicap or strong speech disorders,
- insured with major behavioural problems,
- insured who do not fall into one of the above categories, but, due to cumulative health problems, are not in the position to follow obligatory mainstream school.
Note: This system will probably be changed in 2007 when the responsibility for funding will be transferred entirely to the cantons (see the section on the Legal System / Invalidity Insurance Law).
Source: Ordinance regarding Invalidity Insurance (IVV, 1960): www.admin.ch/ch/d/gg/cr/1961/19610003.htm).l
Pupils without recognition by the Invalidity Insurance:
Besides the above categories cantons use differing systems for special education needs not recognised by the Invalidity Insurance. These procedures are based on cantonal legislation and differ considerably across the country.
Phases of education
Early Years 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). In case of funding by the Invalidity Insurance, normally a medical examination is required.
There are two problems concerning identification: firstly, the same early intervention professional, who will later take care of the child, participates in the identification. This form of provider-generated demand (Selbstzuweisung) may lack some of the necessary critical distance. Secondly, some 10% of young children presenting a need for special education are not recognised by the Invalidity Insurance. They either don’t fall into the insurance categories (they are only at risk of developing special educational needs, which are not yet manifest), or they are not covered by the insurance (see the Financing section).
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 insitutions (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.
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 www.educanet.ch
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 Intervention
Early 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 parent brings the child to the early intervention service. In addition, there is a possibility for children with more severe problems to 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 a complete coverage of the country. Mostly, they are generalists experienced in dealing with different problems. In addition, there are some institutions specialised on certain impairments. In recent years, the number of freelance early intervention specialists has increased.
Normally, early intervention specialists work in the domestic environment of the child. Partly, they work with small groups of children.
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 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. In the German-speaking part of Switzerland, admission starts at the age of 4, in French-speaking and Italian-speaking Switzerland at the age of 3.
Integration
A small proportion of children receiving early intervention attend 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 “Basisstufe” children aged 4 to 8 are taught together in one class. They can go can go through this provision in 3-5 years.
At present, introductory classes are available in different pilot projects in public schools; private schools offer this provision already.
Compulsory Schooling
Special needs education consists of special schools (recognised by the Invalidity insurance, see the Financing section) and special classes, which are linked to mainstream school. Thirdly, there is integrated schooling, with or without support from a special school.
Special schools
According to the criteria of the Invalidity Insurance, there are special schools for
- pupils with mental impairments,
- pupils with physical impairments,
- pupils with severe behavioural disorders,
- schools for pupils with hearing, speech, visual impairments;
- chronically ill pupils (hospital schools).
The number of pupils in special school 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: In the last 15 years, the proportion of pupils in special classes has constantly risen. These classes consist to a substantial proportion of pupils with behavioural problems and pupils with learning difficulties. At the same time, the number of pupils who benefit of individual measures by visiting services (see below) has risen as well.
Integrated schooling
Pupils with more severe disabilities: Integration is still quite rare. There are models usually linked to a special school. The pupil remains administratively in the special school.
Pupils with less severe disabilities: Integration is an alternative to special classes.
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 therapeutic exercise (Psychomotorik).
The proportion of female pupils in special needs classes is approx. 38% and the proportion of pupils from ethnic minority groups is around 46%. There is an average of 9.6 pupils in one class.
Transition period
In Switzerland, approximately two thirds of the young people enter the labour market via an apprenticeship, i.e. via vocational education. Less than 20% of the adolescents graduate from higher schools.
Mainstream vocational training takes 4 years. For adolescents with less severe special educational needs (e.g. learning difficulties), there are shorter provisions or provisions with reduced requirements and additional support (see the Financing section).
For adolescents with more severe special educational needs, there are provisions organised by the Invalidity Insurance.
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 Chaux-de-Fonds (1882)
- The establishment of the Invalidity Insurance (1960; see 1. Law) facilitated the development of schools with special curricula.
Teacher Training - Basic and Specialist Training
Teacher training and as a consequence also specialist teacher training is presently undergoing a major change in Switzerland. Whereas until now teacher training for the primary school was a prolonged High-School programme, overlapping between secondary level II (ISCED 3) and tertiary level (ISCED 5), it will now become an entirely tertiary training (which means, requiring a high school degree) at the college level (ISCED 5) terminating with a bachelors degree.
Basic teacher training
Basic teacher training requires a high school degree and takes 3 years at college level, terminating with a bachelors degree (for teaching in primary schools). It is required, that SNE is taught in the basic teacher training - however there is some discussion going on right now, about how much and what contents should be included.
Specialist Training
The training for special needs education requires a degree in basic teaching. At the moment there is no training possibility starting immediately after High School. The duration is two years full time or more if study is in parallel to work.
There is only one form of certificate with a national recognition, therefore most training courses are general, i.e. not specific for certain types of SEN. However, some courses offer the possibility to focus upon studies for certain disabilities.
Development of Integration / 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, 1b).
The Federal Invalidity Insurance Law and funding via the Invalidity Insurance, established in 1960, supported segregated provisions that were stronger than integrative ones, e.g. by offering more financial support to pupils attending specialised institutions (see the sections Legal System, 1 c and Financing). By now, this system has been modified in order to make integration possible. Nevertheless, it basically remains an obstacle on the way to inclusion. The change from federal to cantonal authority expected by 2007 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 more integrative and inclusive offers than the larger cities. 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 need.
Quality Indicators for SNE
On a national level, the criteria of the Federal Invalidity Insurance (Invalidenversicherung, IV) set standards for special needs education. They mainly cover aspects of input (such as access to special schools, financing, qualification of the teachers) and processes. In addition each canton has it’s own system of evaluating and controlling SNE. Individual educational planning is a common practice. However there is generally no curriculum that is applied in SNE.
The revision of the financing system (see sections on the Legal System and Financing) will change the situation most probably by the year 2007. 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 [opens in new browser window]
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