Section 1-1.The objective of the Act

The objective of this Act is to help facilitate the establishment and operation of independent schools, so that parents and pupils may choose other schools than the government schools, cf. Section 2 no. 2 of the (Norwegian) Human Rights Act.

Education in schools that are approved pursuant to this Act, must aim to:

It is important to create a good working environment and good forms of cooperation between teachers and pupils and between the school and the home. Everyone who is involved in the school must work to ensure that the children are not injured or subjected to hurtful words or actions.

Section 1-2.Scope

This Act concerns approval of and right to state support for independent primary, lower and upper secondary schools and the terms on which such support is granted.

The Act does not apply to schools comprised by the Act relating to Folk High Schools, the Act relating to Tertiary Vocational Education, the Act on Adult Education, or schools that operate pursuant to Section 2-12 of the Education Act. Furthermore, the Act does not apply to schools that are run by political groups or parties on a party-political foundation.

This Act does not apply to remote education and purchase of education services.

Section 1-3.Definitions

In this Act, «home municipality» and «home county» mean the municipality or county municipality which is responsible pursuant to Sections 13-1, 13-2 and 13-3 of the Education Act.

Section 1-4.(Repealed)

Section 1-5.(Repealed)

Section 2-1.Approval of schools

The Ministry can approve independent schools as well as changes in the operation of approved independent schools. The Ministry can approve a primary/lower secondary school moving its activity to another municipality or an upper secondary school moving its activity to another county municipality. A school will not be granted approval if its establishment would have a negative impact on the government schools on offer, or there are other specific reasons why the school should not be approved. The host municipality or host county must have the opportunity to make a statement before the Ministry makes a decision in the case, and they may also appeal the Ministry's decision. Approved schools are entitled to state support pursuant to Section 6-1, and to run their activity pursuant to the Act.

The schools must run their activity on the following basis:

In this context, «specially adapted upper secondary education combined with top-level sports» pursuant to the second subsection letter d, means the number of hours a year for the sports education programme or the number of hours a year for the Education Programme for Specialization in General Studies with the addition of 140 hours top-level sports a year in grade 1 of upper secondary school. Top-level sports in grade 1 of upper secondary school may be the programme subject top-level sports or top-level sports according to a special curriculum approved by the Ministry. The schools must also offer top-level sports as a programme subject in grades 2 and 3 of upper secondary school.

The education must be provided in Norwegian or Sami. However, this requirement does not apply to international schools. Important documents about the activity pursuant to the Act must in any case be available in Norwegian or Sami.

The approval will lapse if a school does not commence its activity pursuant to the Act during the three school years after the approval was granted. The same applies if operations pursuant to the Act are closed down.

The requirement in the second subsection regarding a special basis does not, however, apply to already approved schools that were in operation before the end of 2007. The Ministry can only approve necessary operational changes in schools that do not meet the requirements in the second subsection.

The Ministry may issue regulations that contain deadlines for applications for approval of independent schools.

Section 2-2.School activity requirements

The school cannot run or own any other activity than a school pursuant to this Act. The Ministry may issue regulations or make an individual decision that permits the schools to run or own an additional activity which is closely connected to the school activity, and that amounts to a minor part of the total activity. The Ministry may issue regulations or make an individual decision concerning use of income from school activities and permit additional activities.

The school must be registered in the Central Coordinating Register for Legal Entities, cf. the Act relating to registers for legal entities, or a corresponding register, before an application for approval can be submitted. The school must at this time, at the latest, document that it has a subscribed capital of at least NOK 100 000.

If a school has fewer than 15 pupils for three consecutive school years, the approval will lapse. For Norwegian schools abroad there is a corresponding minimum limit of 10 pupils. The Ministry may in special cases grant an exemption from the minimum number of pupils required. Schools that only run activities pursuant to Section 2-1 letter g, do not have a minimum limit for the number of pupils.

The school must have by-laws. The by-laws must indicate that all state support and school fees must benefit the children, cf. Section 6-3.

Section 2-3.The contents and assessment of the education

The school must run its activity according to curricula approved by the Ministry. The curriculum must show what assessment forms and documentation the school will use. The schools must either follow the curriculum in force for government schools, or curricula that in other ways ensure the pupils an equally good education, cf. Section 2-1 first subsection and Section 3-4 first subsection of the Education Act. Apart from that, the school has educational freedom. When granting the approval, the Ministry determines what courses the school may offer and the maximum number of pupils in each course.

The Ministry may issue regulations regarding requirements for the curriculum, assessment of pupils, appeals of an assessment, examinations and documentation. The Ministry issues regulations concerning primary/lower secondary school activities that are not instruction in a subject. The Ministry may also issue regulations on exemption from instruction in the secondary form of Norwegian for pupils who are given special language instruction, on credit for previously taken upper secondary education or practice, and exemption from the practical part of the competence objectives in the physical education subject in the upper secondary school.

Section 2-4.School premises and the school environment

The school premises must be approved by the Ministry. The premises must be located together.

Chapter 9 A of the Education Act about the pupils' school environment also applies for schools approved pursuant to this Act, except for Sections 9 A-10 and 9 A-11. In cases where a pupil may be moved to another school pursuant to section 9 A-12, it is the home municipality or the home county authority that makes the decision. Appeals concerning individual decisions made pursuant to Section 9 A-7 about the physical school environment and individual decisions pursuant to section 9 A-12 on moving a child to another school should be addressed to the Ministry.

Section 2-5.Experimental activities

The Ministry may grant an exemption from the Act and its regulations in connection with pedagogical or organisational trials for a limited period of time.

Section 3-1.Admission of pupils

The schools must have the entire country as their enrolment area. They must be open to everyone who meets the requirements for admission to the government schools, cf. Sections 2-1 third subsection and 3-1 first subsection of the Education Act. This also applies for schools abroad and international schools in Norway. The schools may reserve a limited number of places for pupils who apply after the main admission phase.

For admission to upper secondary schools, young people entitled to upper secondary education pursuant to Section 3-1 of the Education Act must be given priority above adult applicants entitled to upper secondary education pursuant to Section 4A-3 of the Education Act. Schools for the disabled may also admit adult applicants who are not entitled to upper secondary education. The home county must assess an adult applicant's formal, informal and non-formal competence before admitting him or her to an upper secondary school. Norwegian upper secondary schools abroad cannot admit adults.

The schools must have admission regulations that show how applicants are prioritised, if there are more applications than the school has capacity for. The regulations must include priority rules based on fair considerations. The admission regulations must be within the limitations that follow from the first and second subsections. The school determines, in compliance with the regulations, which applicants to admit.

Notification that a pupil has been admitted to a primary or lower secondary school must be sent to the pupil's home municipality. Notification of admission to an upper secondary school must be sent to the pupil's home county. The school must notify the home county about the need for a place when the pupil is admitted to upper secondary grade 2.

The Ministry may issue regulations on admission of young and adult applicants entitled to upper secondary education, admission of adult applicants not entitled to upper secondary education and on admission of foreign applicants.

The Public Administration Act applies to decisions pursuant to these rules. Decisions on admission are individual decisions, cf. Section 2 of the Public Administration Act. Appeals should be directed to the Ministry.

As for schools specifically for the disabled, the Ministry may grant exemptions from the rules in the second subsection.

Section 3-2.Right and obligation to receive education

Pupils in primary and lower secondary schools approved pursuant to this Act, meet their obligation to receive primary and lower secondary education pursuant to Section 2-1 of the Education Act.

Pupils in upper secondary schools approved pursuant to this Act, make use of their right to upper secondary education pursuant to Section 3-1 and Section 4A-3 of the Education Act.

Section 3-3.School attendance

A pupil who has been given a place at a primary or lower secondary school approved pursuant to this Act, is entitled to complete his/her education at the school, as far as the school has been approved.

Section 2-1 third subsection of the Education Act on postponed commencement of schooling and early commencement of schooling and Section 2-1 fourth subsection on partial or full exemption from the obligation to receive education apply correspondingly for pupils in primary/lower secondary schools that have been approved pursuant to this Act. The home municipality makes the decision. Appeals should be addressed to the Ministry.

A pupil who has been given a place in an upper secondary school approved pursuant to this Act, has the right to complete the grade unless her or she can be excluded, cf. Section 3-10.

Section 3-1 fourth subsection of the Education Act on a change of course and Section 3-1 fifth subsection on up to two years of additional education apply correspondingly as far as appropriate for pupils in upper secondary schools approved pursuant to this Act. The home county makes the decision.

Section 3-4.Organisation of pupils into classes or basic groups

The pupils will be divided into classes or basic groups that will meet their need to belong in social terms. For some of the instruction, the pupils may be divided into other groups as necessary. Normally the organisation should not be based on academic level, gender or ethnic background. The classes, basic groups and groups must not be larger than what is appropriate for good learning and safety.

The class or basic group must have one or more teachers (contact teachers) with specific responsibility for the practical, administrative and social educational tasks concerning the class or basic group and the pupils in them, including contact with the pupils' homes.

Section 3-4a.Adapted education

Education must be adapted to the abilities and aptitudes of the individual pupil.

Section 3-4b.Early intervention in grades 1 to 4

In grades 1 to 4 the school must make sure pupils who are in danger of lagging behind in reading, writing or arithmetic, quickly are given suitable intensive instruction so that the expected progress is achieved. If it is in the best interest of the child, this intensive instruction may for a short period be given on a one-on-one basis.

Section 3-5.Adapted language instruction for pupils from language minorities

Pupils who have a different mother tongue from Norwegian or Sami have the right to adapted instruction in Norwegian until they are sufficiently proficient in Norwegian to follow the normal instruction of the school. If necessary, such pupils are also entitled to mother tongue instruction, bilingual subject teaching, or both. The pupil's home municipality or home county makes the decision and covers the expenses for such instruction. Appeals should be addressed to the Ministry.

The mother tongue instruction may be provided at another school than where the pupil normally attends.

When mother tongue instruction and bilingual subject teaching cannot be provided by suitable teaching staff, the municipality or county municipality must as far as possible provide for other instruction adapted to the pupils' abilities.

The home municipality or the home county must map what skills the pupils have in Norwegian before a decision is made regarding adapted language instruction. Such mapping must also be conducted during the instruction for pupils who receive adapted language instruction according to the regulations, in order to assess whether the pupils are sufficiently skilled in Norwegian to follow the normal school instruction.

For pupils who have recently arrived, independent schools may organise special instruction in separate groups or classes when there is a decision from the municipality or county municipality concerning such organisation, and that the private school may offer such instruction. Independent schools that want to offer individual pupils such instruction, must provide the municipality or county municipality with the necessary information to shed light on the case before it makes a decision pursuant to Sections 2-8 fifth subsection or 3-12 fifth subsection of the Education Act.

This provision does not apply for pupils at Norwegian schools abroad.

Section 3-6.Special education and the educational and psychological counselling service

Section 5-1 of the Education Act on the right to special education, Section 5-3 on expert assessment, Section 5-4 on administrative procedures in connection with decisions concerning special education and Section 5-5 on exceptions from the provisions concerning the content of education and qualification requirements apply correspondingly.

The pupil's home municipality or home county ensures that an expert assessment is conducted and makes the decision concerning special education. The home municipality or the home county must cover expenses for special education in independent schools in the same way as for government schools. Funds for special education must be calculated in relation to the number of pupils who receive special education. In cases of doubt, the Ministry will determine which municipality or county municipality is responsible for the costs. The Ministry has the same responsibility for pupils in Norwegian schools abroad.

The Ministry may issue regulations on how the rules for special education should be implemented.

Appeals of municipal and county-municipal individual decisions on special education should be addressed to the Ministry.

This provision does not apply to education organised especially for adults.

The educational and psychological counselling service in the host municipality must assist the school in its work on competence development and organisational development in order to better provide for pupils with special needs.

Section 3-6a.Duty to participate in the work of preparing an individual curriculum

The school must, when it is necessary in order to meet the pupils' need for an overall, coordinated and individually adapted service, participate in the work of preparing and following up measures and aims in the individual curriculum pursuant to other laws and regulations.

Section 3-6 b.Cooperation with municipal services

The school must cooperate with relevant municipal services regarding assessment and follow-up of children and young people with health-related, personal, social or emotional difficulties.

When it is necessary and reasonable in order to carry out the responsibility pursuant to the first subsection, the cooperating services may process personal data, including special categories of personal data and information on criminal offences.

Section 3-7.School transport, etc.

The pupils are entitled to transport pursuant to the rules in Section 7-1 first and second subsection of the Education Act relating to transport in primary and lower secondary education, Section 7-2 first subsection relating to transport in upper secondary education, Section 7-3 relating to transport for disabled and temporarily ill or injured pupils and Section 7-4 relating to escort and supervision. The rights to transport, escort and supervision for primary and lower secondary school pupils only apply within the borders of the municipality where the pupil lives. For pupils in upper secondary schools the rights to transport, escort and supervision only applies within the border of the county municipality where the pupil lives.

The pupils' home municipality or home county makes the decision regarding transport and covers the expenses pursuant to the rules in Section 13-4 of the Education Act. Appeals of municipal and county-municipal decisions relating to transport in the primary and lower secondary school should be addressed to the Ministry. Appeals of decisions relating to transport in upper secondary schools should be addressed to the home county.

The Ministry may issue regulations concerning school transport and transport compensation, and to the effect that the transport needs of pupils in upper secondary schools in special cases may be covered in other ways.

This provision does not apply to education organised especially for adults and for pupils in Norwegian schools abroad.

Section 3-8.Health services

The regulations given pursuant to Section 3-2 second subsection of the Health and Care Services Act apply for pupils in schools in Norway approved pursuant to this Act. The municipality where the school is located is responsible for providing the health services in compliance with the regulations and for covering health service expenses at the schools pursuant to the same rules as for government schools.

Section 3-9.School rules

Each school must have rules defining the pupils' rights and obligations insofar as these are not laid down by law or in other ways. The rules must include rules for orderliness and conduct, the measures that may be used against pupils who violate the rules, and the procedure for dealing with such matters.

The school can only employ measures laid down in the school rules. Measures must not include corporal punishment or other humiliating forms of treatment. Before any decision is taken concerning disciplinary action, the pupil is entitled to present his or her case orally for the person taking the decision

The school rules must be made known to the pupils and the parents.

Section 3-10.Exclusion from the teaching

The board may lay down in the school rules that primary and lower secondary school pupils may be excluded from the teaching if they are guilty of serious or repeated violation of the rules. Pupils in grades 1-7 may be excluded for individual periods or for the rest of the day, and pupils in grades 8-10 may be excluded for up to three days.

The board may lay down in the school rules that pupils in the upper secondary school may be excluded from the teaching for up to five days if they are guilty of serious or repeated violation of the rules. It may also be laid down that pupils can be excluded for the rest of the school year if the violations are particularly serious.

The decision on exclusion from the teaching is made by the general manager after consulting the pupil's teachers. The home county can decide that a pupil in upper secondary school must be excluded for the rest of the school year. The home county cannot leave the school to make such a decision. Norwegian upper secondary schools abroad make their own decisions concerning exclusion. Unless the board determines otherwise, the general manager may permit teachers to exclude pupils from their own teaching for one teaching period, limited to two hours.

Before a decision to exclude a pupil is made, other measures must have been considered. The parents must be informed before a pupil in grades 1-7 is excluded for the rest of the day.

A decision to exclude a pupil is an individual decision, and the rules in the Public Administration Act apply. Appeals should be addressed to the Ministry.

Section 3-11.Guidance

The pupils are entitled to the necessary guidance regarding education, career options and career choices and social issues. The Ministry may issue further regulations.

Section 3-12.Exemption from activities etc.

Section 2-3a of the Education Act applies correspondingly for pupils in primary/lower secondary schools approved pursuant to this Act. However, the right to exemption from activities etc. does not apply for pupils in primary/lower secondary schools established for religious reasons. Appeals of individual decisions pursuant to this regulation should be addressed to the Ministry.

Section 3-13.Leave of absence from compulsory primary/lower secondary education

When prudent, the school may give an individual pupil in the primary/lower secondary school leave of absence for up to two weeks. The Public Administration Act applies when decisions are made pursuant to this regulation. A decision concerning leave of absence is an individual decision, cf. Section 2 of the Public Administration Act. Appeals should be addressed to the Ministry.

Section 3-14.Education for pupils who require alternative and supplementary communication (ASK)

Pupils who are partially or totally without functional speech and who require alternative and supplementary communication, must be allowed to use their own forms of communication and the necessary means of communication in their education.

When a pupil does not benefit or is unable to benefit satisfactorily from the ordinary educational facilities, the pupil is entitled to special education pursuant to the provisions in Section 3-6. This includes necessary training in the use of alternative and supplementary communication.

Section 3-15.Prohibition on clothing that partly or fully covers the face

Pupils must not wear clothing that partly or fully covers the face

The prohibition in the first subsection does not apply if such clothing is being worn for reasons of climate, education, health or safety.

Violations of the prohibition in the first subsection may be sanctioned according to the school rules.

Those who teach at the school must not wear clothing that partly or fully covers their face when they teach, unless such clothing is being worn for reasons of climate, education, health or safety. If anyone wears such clothing in violation of the prohibition, the board must order the person to remove this clothing. Repeated violations of the prohibition may lead to dismissal.

Section 4-1.Management

Each school must have an adequate academic, educational and administrative management.

The school must have a general manager.

Section 4-2.Qualification requirements for teaching staff

The qualification requirements that follow from Sections 10-1 and 10-2 of the Education Act with associated regulations, apply for teaching staff at schools approved pursuant to this Act.

The Education Act Section 10-6 on temporary appointments and Section 10-6a on appointments on special conditions, will apply correspondingly.

For teaching staff at schools approved with alternative curricula, the Ministry may also approve alternative qualification requirements to those requirements that follow from Sections 10-1 and 10-2 of the Education Act with associated regulations.

The Ministry may issue regulations on qualification requirements in addition to the requirements in the first and second subsection.

The Ministry may issue regulations that no requirements will be set for relevant qualifications in certain subjects.

Section 4-3.Police certificate of good conduct and prohibition against employment

Persons who are to take up permanent or temporary appointments in the primary or secondary schools or who are to provide help with homework pursuant to Section 7-1 e, must present a police certificate with the same content as that mentioned in Section 39 first subsection of the Act relating to Police Records. This requirement also applies to persons who will be permanently or temporarily employed in activities resembling a school. Activities resembling a school means activities that are organised by the school owner, associated with the school and that have the character of education or training.

The school may also demand a police certificate as mentioned in Section 39 first subsection of the Act relating to Police Records from other people who regularly spend time in the primary or secondary school or in other activities as mentioned in the first subsection.

Persons who have been found guilty of sexual abuse of minors cannot be employed permanently or temporarily in the primary, lower secondary or upper secondary school or in activities resembling a school, or to provide help with homework pursuant to Section 7-1 e. In other cases the consequences of remarks made on the police certificate must be considered on a case-by-case basis.

The Ministry will issue further regulations.

Section 4-4.Pay and working conditions

The teaching staff are entitled to pay and working conditions as in corresponding government schools.

Section 4-5.Staff who are not appointed to a teaching post who will assist in the education

Staff who have not been appointed to a teaching post pursuant to Section 4-2 may assist in the education if they receive the necessary guidance. Such assistance must only be given in such a manner and scope that the pupil benefits adequately from the education. Staff who are not appointed to a teaching post must not be in charge of the education.

Section 5-1.The board

Each school must have a board as its top management body. The school board must be appointed in line with the legal basis pursuant to which the school is operated.

The following persons have the right to be present in board meetings, to give their opinion and have it included in the minutes:

The Ministry may in particular cases and following an application make an exemption from the second subsection.

When considering issues that are confidential pursuant to law and regulations, the board must make sure that those present who have not yet come of age, leave the meeting.

Section 5-2.The duties of the board

The board is the school's top management body and must ensure the school is operated in compliance with current laws and regulations.

The board must:

The board must have an adequate system for assessing whether the requirements of current laws and regulations and the preconditions for approval are being met. The board must have an adequate system for following up the results of these assessments and national quality assessments which the Ministry conducts pursuant to Section 7-2 third subsection. As part of this responsibility to follow up, an annual report must be prepared concerning the state of the school with regard to learning outcomes, dropout and learning environment.

On issues other than those that follow from the second and third subsection, the board may with a 2/3 majority delegate the right to decide.

Section 5-3.Pupils' council

At primary/lower secondary schools there must be a pupils' council for grades 5-10 with representatives for the pupils. The school determines the number of pupil representatives. Upper secondary schools must have a pupils' council of at least 5 members with deputy members.

The pupils' council is elected by the pupils by means of a ballot. The representatives must be elected at the latest three weeks after the beginning of the autumn semester.

The pupils' council must promote the joint interests of the pupils at the school and work to create a good learning and school environment.

Section 5-4.Parents' council

At each primary and lower secondary school there must be a parents' council where all parents who have children at the school, are members. The parents' council may elect an executive committee.

The parents' council must promote the parents' shared interests and help to ensure that pupils and parents take an active part in the work to create a good school environment. The parents' council must work to promote an atmosphere of solidarity between home and school, lay a basis for well-being and positive development for the pupils and foster contact between the school and the local community.

Section 5-5.Obligation to cooperate with kindergartens regarding transition to school

The school must cooperate with kindergartens regarding the children's transition from kindergarten to school. Such cooperation must contribute to a safe and happy transition for the children.

The school owner has the main responsibility for this cooperation and must prepare a plan for the transition from kindergarten to school.

Section 6-1.State support

Approved schools receive state support for approved instruction amounting to 85 percent of the support basis per pupil. The support basis represents the average operating expenses per pupil in government schools. The support basis will be adjusted for expenses which a government school will have, but which should not be included in the support basis. The support basis is calculated separately for the primary level, lower secondary level and the different education programmes in upper secondary education.

For primary/lower secondary schools, 100 percent of average expenses for pension contributions in government schools are included in the support basis. For upper secondary schools, 85 percent of average expenses for pension contributions in government schools are included in the support basis.

For primary/lower secondary schools, consideration must be given to the difference in expenses between small, medium-sized and large schools. The Ministry may issue regulations that for primary/lower secondary schools in Norway, consideration must be given to the difference in expenses between the municipality where the school is located, and expenses nationally.

Special schools for disabled students, however, will have all operating expenses covered by state support according to a standard rate per pupil per school year. The Ministry may issue regulations regarding the support scheme for special schools for the disabled.

The Ministry may issue regulations concerning documentation of the number of pupils and reporting of pupil numbers.

Section 6-2.School fees

Schools that receive state support pursuant to Section 6-1 first subsection, may charge school fees. The board determines the size of the school fees. School fees may amount to up to 15 percent of the support basis, in addition to an amount determined by the Ministry to cover rent/capital costs. The Ministry may in special cases make time-limited exceptions from this requirement.

Schools that receive state support pursuant to Section 6-1 fourth subsection, may in special cases be given a dispensation to charge school fees.

Primary/lower secondary schools must not demand any kind of payment from pupils or parents apart from what follows from this provision.

Upper secondary schools must not demand any kind of payment for the instruction from pupils or parents apart from what follows from this provision. The school is responsible for providing the pupils with the necessary printed and digital teaching aids and digital equipment. The pupils must not be directed to pay any part of the expenses for this apart from what follows from regulations. The school may direct the pupils to acquire other individual equipment which normal instruction necessitates. The Ministry may issue more detailed instructions.

Section 6-3.Requirements for the use of state support and school fees

All state support and school fees must benefit the pupils. This entails inter alia that the school must not

The Ministry may issue further regulations on a prohibition on profit or other transfer as mentioned in the first subsection.

The Ministry may issue regulations on how the schools should document compliance with the first subsection, and the schools' obligation to prove that purchases and leasing take place on market terms.

Section 6-4.State support for supplementary education

Support for supplementary education may be given to citizens of Norway or another EEA state who attend a primary/lower secondary school abroad, and who are not pupils in a school approved by this Act. The Ministry may issue further regulations.

Section 7-1.Budget, accounting and reporting

The schools must follow the Accounting Act and the Bookkeeping Act and be audited in accordance with the Auditors Act. The schools must present a budget and audited accounts pursuant to regulations stipulated by the Ministry.

The Ministry may issue regulations on requirements to report information on the use of resources and service production for use in national information systems.

Section 7-1a.Advertising in the school

The school must ensure that the pupils are not exposed to advertising that may exert commercial pressure, or that may substantially influence attitudes, behaviour and values, amongst other places on the school premises and in the grounds, in textbooks and other teaching resources used in the teaching. The Ministry may issue further regulations.

Section 7-1b.The school's obligation to provide accident insurance

The school is obliged to provide accident insurance for the pupils. The Ministry may issue further regulations concerning accident insurance.

Section 7-1c.(Repealed)

Section 7-1d.The school's obligation to ensure cooperation with parents

The school must ensure cooperation with parents. This obligation applies in the primary, lower and upper secondary education. The organisation of parent cooperation must be adapted to local conditions. The Ministry will issue further regulations.

Section 7-1e.The school's obligation to provide help with homework

The school must offer help with homework in the primary and lower secondary school.

This help must be free of charge for the pupils. The pupils must have the right to take part in the provided homework help, but their participation is voluntary.

Regarding the requirement for a police certificate, the rules in Section 4-3 apply.

The Ministry will issue further regulations concerning the provision of help with homework.

Section 7-2.Supervision and control

The Ministry supervises schools that have been approved pursuant to this Act and must in that connection have access to the school facilities and documentation. If the Ministry when conducting supervision requires documentation from the school owner or a close relative of the owner, the Ministry must also be given access to such documentation. Confidentiality does not preclude the Ministry's right to documentation.

When school operation ceases, the Ministry may in every case demand a return of remaining funds that derive from state support.

The Ministry may issue regulations which order those responsible for the education activity and those receiving the education, to provide information and participate in evaluations and report on issues that are significant for the evaluation of the education activity.

The Ministry may issue regulations on the reporting obligation in the event of a sale, merger, demerger and closure of independent schools.

The county governor supervises the municipalities' and county municipalities' compliance with their regulatory obligations in or pursuant to Sections 3-3, 3-5, 3-6, 3-7, 3-8 and 3-10. The rules in Chapter 30 of the Local Government Act apply for this supervision.

Section 7-2 a.Potential sanctions

If matters are discovered that are in violation of this Act, in violation of regulations stipulated pursuant to this Act or in violation of the preconditions for approval, the Ministry may issue an order to correct the matter.

The Ministry may withhold the state support or withdraw the approval if the provisions in this Act, provisions in regulations stipulated pursuant to the Act or preconditions for approval, are not fulfilled. The Ministry may also demand the return of excess state support funds disbursed, and funds that have been spent in violation of this Act, in violation of regulations stipulated pursuant to the Act or in violation of the preconditions for approval.

The first and second subsection also apply if matters are uncovered that violate other laws and regulations, and the matter undermines confidence in the school.

When applying the rules in the first and second subsections, emphasis must be placed on the values that follow from Section 1-1 second subsection.

Section 7-2 b.Disqualification

If particularly serious matters are discovered at a school that are in violation of this Act, in violation of regulations pursuant to this Act or in violation of the preconditions for approval, and the violation clearly undermines confidence in the school or the person responsible as suited to run a school according to the regulations, the Ministry may disqualify the school or the person.

Disqualification can only be imposed on individuals who have acted with intent or negligence. Disqualification can only be imposed on individuals with key positions at the school. By key position is meant a member or deputy member of the board, the owner, principal, school leader, general manager and other management positions at the school.

When a school has been disqualified, the legal entity which the school is registered as cannot apply for a new approval or operational changes during the disqualification period. Individuals who have been disqualified cannot during the disqualification period take up key positions at approved schools or schools applying for approval.

As a general rule, disqualification applies for two years from when the decision is made. If special conditions exist, disqualification may be ordered for a shorter and longer period, but not for more than four years.

Section 7-3.Confidentiality

The rules on duty of confidentiality in the Public Administration Act apply when cases pursuant to this Act are processed.

Section 7-4.Duty to provide information to the Child Welfare Service

School staff must in the course of their work take note of circumstances which may lead to measures from the Child Welfare Service.

The duty of confidentiality notwithstanding, the staff must inform the Child Welfare Service without undue delay

Everyone performing a service or work pursuant to this Act, is also obliged to provide information when ordered to do so pursuant to Section 6-4 of the Child Welfare Act.

Section 7-5.Duty to provide information to the social services

Personnel working in schools pursuant to this Act must in cases concerning individual clients provide advice and guidance to the social services. The personnel must take note of circumstances which should lead to measures on the part of the social services, and must on their own initiative inform the social services of such circumstances. When on the staff's own initiative, information may only be provided with the consent of the pupil or the parents, or otherwise to the extent that the information is not subject to a duty of confidentiality.

Section 7-6.Criminal liability

If a pupil in the primary and lower secondary school is absent from the obligatory instruction without permission, parents or others who look after the pupil may be punished with fines if the pupil was absent because they acted with intent or negligence. Public prosecution will not take place unless requested by the municipality.

Section 7-7.The right to make decisions on behalf of the child when a care order has been issued

If the Child Welfare Service has taken over care of the child pursuant to Section 4-8 or 4-12 of the Child Welfare Act, the Child Welfare Service is entitled to make decisions on behalf of the child. The same applies for decisions to ban the removal of a child pursuant to Section 4-8 of the Child Welfare Act and decisions on placement of a child pursuant to Section 4-6 second subsection of the Child Welfare Act.

However, it is still the child's parents who have the right to claim exemption from parts of the education concerning religion or life philosophy, cf. Section 3-12, and to choose a private school, cf. Section 2-1of the Education Act.

Section 7-8.Obtaining information from the National Registry

Government authorities may, the duty of confidentiality notwithstanding, obtain information from the National Registry when it is necessary to perform tasks pursuant to this Act. The Ministry will issue regulations as to what information may be obtained.

Section 8-1.Transitional rules

The Ministry will not be able to approve new schools pursuant to Section 2-1 second subsection letter f before 1 July 2009.

The Ministry will stipulate further transitional rules in regulations.

For schools that offer specially adapted upper secondary education combined with top-level sports, cf. Section 2-1 second subsection letter d, and that had been approved and were in operation when the Act entered into force, Section 2-1 third subsection will apply from 1 August 2020.

For schools that had been approved before the amendment in Section 2-2 fourth subsection entered into force, Section 2-2 fourth subsection second sentence will apply from 1 August 2018.

Section 8-2.Regulation on repeal

Chapter 6A is repealed on 1 July 2010, as is Section 6-1 last subsection last sentence.

Section 8-3.Entry into force

This Act enters into force on 1 October 2003.

At the same time, the Act of 14 June 1985 no. 73 relating to support for private primary/upper secondary schools and private schools that provide upper secondary education (the Private School Act), is repealed.