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RS 419.1 Federal Law of 20 June 2014 on Continuing Education (LFCo)

Original Language Title: RS 419.1 Loi fédérale du 20 juin 2014 sur la formation continue (LFCo)

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419.1

Federal Act on Continuing Education * 1

(LFCo)

On 20 June 2014 (State 1 Er January 2017)

The Swiss Federal Assembly,

Having regard to art. 61 A , para. 2, 63 A , para. 5, 64 A And 66, para. 2, of the Constitution 2 , given the message of the Federal Council of 15 May 2013 3 ,

Stops:

Section 1 General provisions

Art. 1 Purpose and Purpose

1 The aim of this Law is to strengthen further training, as an integral part of lifelong learning, within the Swiss training area.

2 This Act:

A.
Lays down the principles applicable to continuous training;
B.
Lays down the conditions for the granting of financial aid by the Confederation;
C.
The encouragement, by the Confederation, of research in the field of continuing education and the development of continuing education;
D.
To encourage the acquisition and maintenance of basic adult skills.

3 In addition, the Confederation regulates and encourages further training in special legislation.

Art. 2 Scope of application

1 In so far as the following provisions do not provide for further regulation, this Law shall apply to the whole field of continuous training.

2 The implementation, in the field of high schools, of the principles laid down in this Law falls within the competence of the common bodies responsible for coordinating the policy of the high schools within the meaning of the law of 30 September 2011 on Encouragement and coordination of high schools 1 .


Art. 3 Definitions

In this Act, the following means:

A.
Continuing education (non-formal training): Formal training outside formal training;
B.
Formal training: State-regulated training which:
1.
Is provided as part of compulsory education,
2.
Leads to the following degrees and degrees:
-
Diploma of secondary degree II, diploma in vocational training or academic degree,
-
Diploma constituting the condition for the performance of a professional activity regulated by the State;
C.
Formal training: Training provided, in particular, in organised courses, based on teaching programmes and a defined teacher-learner relationship;
D.
Informal training: Skills acquired outside of formal training.
Art. 4 Objectives

The Confederation, together with the cantons, pursues the following objectives in the field of continuing education:

A.
Support individual continuing education initiatives;
B.
Create conditions for each to follow continuous training;
C.
To improve the chances of low-skilled people in the labour market;
D.
Creating favourable framework conditions for both public and private continuing education providers;
E.
To ensure the coordination of continuing training offers regulated and supported by the Confederation and the cantons;
F.
Monitor ongoing international training developments, compare them with developments at the national level and assess their effects.

Section 2 Principles

Art. 5 Liability

1 Continuous training is the responsibility of individuals.

2 Employers, both public and private, promote the continuing education of their employees.

3 In addition to individual responsibility and private offers, the Confederation and the cantons contribute to ensuring that continuous training is accessible to everyone according to their abilities.

4 The Confederation and the cantons regulate continuous training provided that the performance of their tasks requires it.

Art. 6 Quality Assurance and Development

1 Continuous training providers are responsible for quality assurance and development.

2 The Confederation and the cantons may support quality assurance and development procedures with a view to establishing transparency and comparability of curricula and qualifications for continuing education.

3 The assurance and development of the quality of continuing training offers regulated and supported by the Confederation or the cantons must be guaranteed in the following areas in particular:

A.
Information on offers;
B.
Qualification of trainers;
C.
Educational programs;
D.
Qualification procedures.
Art. 7 Taking into account the acquis in formal training

1 The Confederation and the cantons shall, in cooperation with the relevant organisations in the world of work, take responsibility for training and examination, as well as with the bodies responsible for coordinating the High schools within the meaning of the Act of 30 September 2011 on the encouragement and coordination of high schools 1 , to ensure the transparency of the procedures for taking into account continuous training and informal training in formal training.

2 The Confederation and the cantons promote permeability and the establishment of arrangements for the validation of acquis.

3 They shall designate the bodies which lay down the criteria governing the taking into account and which shall ensure transparency.


Art. 8 Improvement of equal opportunities

In the offers of continuing training which they regulate or support, the Confederation and the cantons shall endeavour in particular to:

A.
To achieve effective equality between women and men;
B.
Address the special needs of persons with disabilities;
C.
Facilitate the integration of foreigners;
D.
To facilitate professional reintegration.
Art. Competition

1 The organisation, encouragement and support of continuing education by the state must not hamper competition.

2 Competition is not impaired within the meaning of para. 1 if, in view of the quality, the content of the offer and the specific orientation, the continuing education meets one of the following conditions:

A.
It is offered at a price that will at least cover the costs;
B.
It is not in competition with non-subsidized offers proposed by private providers.

3 Barriers to competition are permissible to the extent that they are justified by overriding public interest, are proportionate to the intended purpose and are based on a legal basis.

Section 3 Conditions for the granting of financial aid by the Confederation

Art. 10

1 The Confederation may provide for the granting of financial aid for continuing training in special legislation if the following conditions are met:

A.
They are in the public interest;
B.
They could not be proposed, or not to a sufficient extent, without the financial assistance of the Confederation;
C.
The objectives and criteria for the support of continuing education by the State are defined;
D.
The principles of this Act are respected;
E.
The effectiveness of the Confederation's financial aid is regularly checked.

2 The Confederation grants financial aid on the basis of demand. Special legislation may provide for exceptions.

Section 4 Research on continuing education and development of continuing education

Art. 11 Federal Government Research

The federal government's research on continuing education is based on s. 16, para. 2, let. B to d of the Federal Law of 14 December 2012 on the encouragement of research and innovation 1 .


Art. 12 Financial aid for organisations active in the field of continuing education

1 Within the framework of the authorised appropriations, the Secretariat of State for Training, Research and Innovation (SEFRI) may grant information and coordination, quality assurance and development tasks and for the development of Continuing education, financial assistance to organisations active in the field of continuing education or the conclusion of benefit agreements with these organisations.

2 Financial assistance is granted to an active organisation in the field of continuing education only if the organisation fulfils the following conditions:

A.
Is active at the national level;
B.
Pursues a non-profit goal.

3 The Federal Council lays down other criteria for the granting of financial aid.

Section 5 Acquisition and maintenance of basic adult skills

Art. 13 Adult Core Competencies

1 The basic skills of adults are the conditions for lifelong learning and cover basic knowledge and skills in the following areas:

A.
Reading, writing and speaking in a national language;
B.
Elementary mathematics;
C.
Use of information and communication technologies.

2 Course providers for the acquisition and maintenance of basic adult skills ensure that their offers are based on practical reality, taking into account the significant social, economic and legal issues relevant to the Daily life.

Art. 14 Objective

1 The Confederation is committed, together with the cantons, to enable adults to acquire the basic skills that are lacking and to maintain them.

2 The Confederation and the cantons involve the organisations of the world of work in their approach.

Art. 15 Functions and coordination

1 The Confederation and the Cantons shall encourage the acquisition and maintenance of basic skills in adults as part of their respective responsibilities.

2 They shall ensure inter-institutional coordination in the development and implementation of tenders for the acquisition and maintenance of basic skills in adults and shall coordinate the measures to encourage such offers.

Art. 16 Financial aid to the cantons

1 In addition to the measures provided for in the special legislation, SEFRI may provide financial assistance to the cantons to encourage the acquisition and maintenance of basic skills in adults.

2 The Federal Council lays down the criteria governing the granting of financial aid.

Section 6 Financing

Art. 17

1 Within the framework of the message on the encouragement of training, research and innovation, the Federal Council shall submit to the Federal Assembly the priorities of the policy on continuing education and propose the means necessary for the This purpose.

2 The Federal Assembly adopts a simple federal spending limit for a multi-year period.

3 The Confederation pays the financial aid referred to in Art. 12 and 16 within the limits of authorized appropriations.

Section 7 Statistics and monitoring

Art. 18 Statistics

The Federal Statistics Office collects the necessary data in the field of continuous training in accordance with the Act of 9 October 1992 on Federal Statistics 1 .


Art. 19 Tracking

1 The SEFRI, in collaboration with the cantons, is monitoring the market for continuing education and the participation of different groups of the population in continuing education.

2 To this end, it maintains a regular dialogue with the relevant continuing education community.

Section 8 Final provisions

Art. Executing

The Federal Council shall issue the implementing provisions.

Art. Amendment of the law in force

The amendment to the existing law is set out in the Annex.

Art. Referendum and entry into force

1 This Law shall be subject to the referendum.

2 The Federal Council shall fix the date of entry into force.

Annex

(art. 21)

Change in Other Acts

The following acts are amended as follows:

... 1


1 The mod. Can be viewed at RO 2016 689 .


State 1 Er January 2017