Section 1-1.The purpose of the Act

The Act shall enable children, young people and adults to receive a good education and training in a good environment.

Section 1-2.Scope

The Act applies to primary and secondary education and training and activities related thereto. The Act does not apply to schools that are approved under the Independent Schools Act.

The King may issue regulations stipulating that the Act or parts thereof shall apply on Svalbard and on special rules regarding consideration for local conditions.

Section 1-3.The purpose of education and training

Education and training shall, in co-operation and agreement with the home, open doors to the world and the future, and provide pupils and individuals undergoing in-service training at a training establishment with historical and cultural insight and foundational learning.

Education and training shall be founded upon the fundamental values of the Christian and humanist heritage and tradition, including respect for human dignity and nature, intellectual freedom, charity, forgiveness, equality and solidarity; values which are also reflected in various religions and worldviews, and which are grounded in human rights.

Education and training shall promote knowledge and understanding of the national cultural heritage and of our shared international cultural traditions.

Education and training shall provide insight into cultural diversity and show respect for individual beliefs. It shall promote democracy, gender equality and scientific reasoning.

Pupils and individuals undergoing in-service training at a training establishment shall develop knowledge, skills, and attitudes that equip them with life skills and enable them to participate in working life and society. They shall have the opportunity to be creative, engaged and inquisitive.

Pupils and individuals undergoing in-service training at a training establishment shall learn to think critically, and to act ethically and with environmental awareness. They shall have joint responsibility and the right to participate.

Pupils and individuals undergoing in-service training at a training establishment shall be met with trust, respect and expectations, and be given challenges that promote formative development and a desire to learn. All forms of discrimination shall be combatted.

Section 1-4.Goals and principles for education and training

The King issues regulations on the overriding goals and principles for education and training.

The Ministry issues regulations on subject curricula.

Section 1-5.Sámi content in education and training and Sámi curricula

Regulations on curricula pursuant to section 1-4, second paragraph, shall prescribe education and training concerning the Sámi peoples and language, culture and civic life in conjunction with the various disciplines.

The Sámi Parliament issues regulations on the Sámi content of the national curricula in subjects and on curricula for education and training in the Sámi languages. The Sámi Parliament also issues regulations on curricula in specific Sámi subjects in upper secondary education and training. Such regulations shall be in accordance with the framework determined by the Ministry.

The Ministry issues regulations on other special curricula for primary and lower secondary education in language development municipalities and language vitalisation municipalities pursuant to section 3-1 of the Sámi Act and for other pupils who receive Sámi education and training in primary and lower secondary education. In consultation with the Ministry, the Sámi Parliament shall prepare draft regulations.

Section 1-6.Distribution of teaching hours per subject and other programme structure

The Ministry issues regulations on the number of hours of education pupils in primary and lower secondary school shall receive, the number of hours for each subject, and how the hours are to be divided between the year levels.

The municipality may issue regulations stipulating that up to ten per cent of the hours in each primary and lower secondary school subject shall be transferred to other subjects or allocated for special interdisciplinary activities.

The Ministry issues regulations on what programmes lead to university and college admissions certification or vocational qualifications in upper secondary education and training.

The Ministry may issue regulations on the number of hours of education pupils in upper secondary education and training shall receive, the number of hours for each subject, and how the hours are to be divided between the year levels in upper secondary education and training.

The Ministry may issue regulations on the duration of in-service training at a training establishment.

The municipality and the county authority may issue regulations concerning education and training beyond the total minimum number of hours determined by the Ministry pursuant to the first and fourth paragraphs.

The Ministry may issue regulations on the duty to participate in activities in primary and lower secondary school that are not education and training in a subject.

Section 1-7.National qualifications framework

The Ministry may issue regulations on the National Qualifications Framework.

Section 2-1.Right to attend primary and lower secondary education

Children have a right to attend public primary and lower secondary education from the year they turn six years of age and until they have completed year 10.

The right to attend primary and lower secondary education applies if the child is likely to remain in Norway for a period exceeding three consecutive months. This right shall be fulfilled as soon as possible and no later than three months after the child has arrived in Norway. If necessary, due to the large number of displaced children from Ukraine, the Ministry may issue regulations on a temporary extension of the three-month deadline. Children arriving in Norway shall be placed in a year corresponding to their age. The municipality may make exceptions if a specific assessment indicates that the child should be placed in a lower year.

Section 2-2.Obligation to attend primary and lower secondary education

Children are obliged to attend primary and lower secondary education from the year they turn six years of age and until they have completed year 10. Primary and lower secondary education shall be completed at a public school, a private primary and lower secondary school approved under section 22-1 or under the Independent Schools Act, or through private tuition at home, cf. section 22-5.

Children are obliged to attend primary and lower secondary education when they have been in Norway for three months. This obligation ceases to apply when the child stays abroad for three months.

The municipality may exempt a pupil from compulsory education in whole or in part if it is in the pupil’s best interests, the parents consent, and an expert assessment has been made. Pupils who have been exempted from compulsory education shall not lose the right to the education from which they have been exempted.

The municipality may grant a pupil a leave of absence from school if the pupil is receiving education that is, overall, considered sound. The municipality issues regulations on leaves of absence from school.

Pupils who belong to a religious community other than the Church of Norway shall be entitled to a leave of absence from school on holidays observed by their religious community, provided that the parents ensure the necessary tuition for the pupil to progress in accordance with the school curriculum following the absence.

Section 2-3.Content, assessment and documentation in primary and lower secondary education

Primary and lower secondary education shall be in accordance with the goals and principles of education, cf. sections 1-4, first and second paragraphs, and 1-5, second and third paragraphs, as well as the distribution of teaching hours per subject, cf. section 1-6, first and second paragraphs.

Pupils have the right to an individual assessment and documentation of their education. Pupils in years 1 through 7 shall receive an individual assessment without the awarding of marks. The Ministry issues regulations on individual assessment, on appeals against assessment and on documentation. The Ministry may issue regulations prescribing that an insufficient basis for assessment may result in the loss of the right to individual assessment with a mark in the subject.

Section 2-4.Deferred and early school start

The municipality shall allow a child to start school in the year in which the child turns seven years of age if the parents so request or consent thereto, and if an expert assessment casts doubt on the child’s developmental readiness to start school in the year the child turns six years of age.

The municipality may allow a child to start school in the year in which the child turns five years of age if the parents so request or consent thereto, and if an expert assessment indicates that this is appropriate.

Section 2-5.Free primary and lower secondary education

Primary and lower secondary education shall be free of charge. The municipality shall not require pupils or parents to cover expenses related to primary and lower secondary education, such as expenses for teaching materials, transport during school hours, school camps or other school excursions.

Section 2-6.Which primary school and lower secondary school the pupil shall attend

Pupils have the right to attend a school in their local community. The municipality may issue regulations on school districts. When allocating school places and laying down regulations on school districts, the municipality shall place particular emphasis on which school is closest to home. The municipality may also take into account topography, traffic conditions and the capacity of the schools, and that children in the same neighbourhood ought to attend the same school.

Upon application, a pupil may be admitted to a school other than the one to which they are entitled to attend.

Section 2-7.Criminal liability for breaches of compulsory education

Parents and other persons with responsibility for the care of a child may be liable to a fine if they intentionally or negligently cause the child to be absent from compulsory primary and lower secondary education without lawful entitlement.

Section 3-1.Bokmål and Nynorsk for primary and lower secondary pupils

Pupils shall receive instruction in Bokmål and Nynorsk. The Ministry may issue regulations on exemption from instruction in one of the written languages for pupils receiving instruction pursuant to sections 3-2, 3-3, 3-4 or 3-6.

In their written work, pupils in years 1 through 7 shall use the written language that the municipality has adopted as the school’s first-choice form of Norwegian. The pupil’s parents shall choose whether the teaching aids are to be in Bokmål or Nynorsk. Pupils in years 8 through 10 choose whether to use Bokmål or Nynorsk as their first-choice form of Norwegian, and whether teaching aids shall be in Bokmål or Nynorsk.

When at least ten pupils in years 1 through 10 in a municipality wish to have a different written language as their first-choice form of Norwegian than the form adopted for the school, they have the right to use and receive instruction in this written language in a special group. If ten or more of these pupils attend the same school, they are entitled to receive their instruction there. If these pupils attend different schools in the municipality, the municipality determines the school at which they receive their instruction. The right to receive education in a special group shall remain in effect as long as the group comprises at least six pupils.

If the school structure in the municipality entails that pupils must be transferred to a school with a different first-choice form of Norwegian than the pupils had in years 1 through 4, they are entitled to use and receive instruction in their previous first-choice form of Norwegian. They are entitled to instruction in the subject of Norwegian in a special group, irrespective of the number of pupils.

Section 3-2.Instruction in and through the medium of Sámi in primary and lower secondary school

Sámi pupils are entitled to instruction in either North Sámi, Lule Sámi, or South Sámi.

All pupils living in language development municipalities or language vitalisation municipalities pursuant to section 3-1 of the Sámi Act are entitled to instruction in and through the medium of Sámi. Language development municipalities and language vitalisation municipalities may issue regulations stipulating that pupils shall receive basic education relating to the Sámi languages and Sámi cultures.

If at least ten pupils in a municipality, other than language development municipalities and language vitalisation municipalities pursuant to section 3-1 of the Sámi Act, request instruction in and through the medium of Sámi, they shall have the right to receive such instruction. This right shall remain in effect as long as at least six pupils request such instruction.

The pupils’ parents shall decide whether they shall receive instruction in and through the medium of Sámi. Pupils in years 8 through 10 shall decide for themselves whether they wish to receive such instruction.

Instruction through the medium of Sámi language may be located at one or more schools in the municipality.

The municipality shall offer part of the instruction in Sámi in a Sámi language environment if this is necessary for the instruction to be pedagogically sound.

Section 3-3.Instruction in Kven or Finnish in primary and lower secondary school

Pupils with a Kven/Norwegian-Finnish background who attend primary and lower secondary schools in the counties of Troms and Finnmark are entitled to instruction in Kven or Finnish. The pupils’ parents decide whether they are to receive instruction in Kven or Finnish. Pupils in years 8 to 10 shall decide for themselves whether they wish to receive such instruction.

Section 3-4.Instruction in and through the medium of Norwegian Sign Language in primary and lower secondary school

Pupils with a hearing impairment are entitled to instruction in and through the medium of Norwegian Sign Language. The pupils’ parents decide whether they are to receive in and through the medium of Norwegian Sign Language. Pupils in years 8 through 10 shall decide for themselves whether they wish to receive such instruction.

If the school does not have teachers who are able to provide instruction in Norwegian Sign Language, such instruction can be provided at another school. The municipality may determine at which school instruction in Norwegian Sign Language shall be provided.

The municipality shall offer part of the instruction in Norwegian Sign Language in a Norwegian Signa Language environment if this is necessary for the instruction to be pedagogically sound.

Section 3-5.Instruction in braille in primary and lower secondary school

Pupils who are blind or with severe vision impairment are entitled to receive the necessary instruction in braille.

Section 3-6.Specialised language instruction in primary and lower secondary school

Pupils whose mother tongue is neither Norwegian nor Sámi shall be entitled to specialised language instruction until their proficiency in Norwegian enables them to follow the general instruction. Specialised language instruction shall encompass intensive Norwegian language instruction and, where necessary, mother tongue instruction, instruction in subjects through the medium of both languages, or a combination thereof.

The municipality shall regularly assess whether a pupil who has been granted specialised language instruction is sufficiently proficient in Norwegian to be able to follow the general instruction.

The municipality may determine that the pupil shall receive instruction in their mother tongue at a school other than the one the pupil attends.

Section 3-7.Introductory instruction for primary and lower secondary pupils who have resided in Norway for a short period

The municipality may provide pupils who have lived in Norway for a short period and who have been granted specialised language instruction with all or part of their instruction in special groups or classes or at special schools. The municipality may only provide such introductory instruction with the consent of the pupil or the pupil’s parents. However, the requirement for consent shall not apply if instruction through a specially organised programme is necessary to provide newcomer pupils with sound educational provision in a situation involving a large number of displaced persons arriving from Ukraine.

The municipality may decide on introductory instruction for a pupil for up to one year at a time, for a total of up to two years. In the decision, exceptions may be made to subject curricula, cf. section 1-4, second paragraph, and the distribution of teaching hours per subject, cf. section 1-6, first and second paragraphs.

Section 4-1.Right to transport to and from school for primary and lower secondary pupils

Pupils in year 1 are entitled to transport free of charge if they live more than two kilometres from the school. Pupils in years 2 through 10 are entitled to transport free of charge if they live more than four kilometres from the school.

Pupils are entitled to transport free of charge if part of their journey to school is particularly hazardous or difficult.

Pupils who require boat transport are entitled to such transport free of charge.

Pupils who require transport due to disability, injury or illness are entitled to transport free of charge to and from school and after-school programmes. The right to transport to and from after-school programmes does not apply during school holidays.

Pupils with more than one place of residence are entitled to transport to and from each place of residence that meets the conditions for a right to transport.

Section 4-2.Travel escort for and supervision of primary and lower secondary pupils

Pupils who receive transport to and from school or after-school programmes shall be entitled to a travel escort and supervision during the waiting period before and after school hours or the after-school programmes, where necessary.

Section 4-3.Requirement for appropriate transport and right to accommodation where transport is not safe

Pupils are only entitled to transport pursuant to section 4-1 if daily transport is appropriate.

When the county authority assesses whether or not daily transport is appropriate, particular emphasis shall be placed on the pupil’s age, functional ability, and the length and safety of the journey to school. Costs or burdens for the county authority may only be emphasised where they are exceptional.

If the county authority is in doubt as to whether daily transport is appropriate, the parents decide whether the pupil shall be transported.

Pupils who are not entitled to transport because daily transport is not appropriate are entitled to accommodation. Pupils also have a duty to accept accommodation if their parents do not ensure transport and cover the costs thereof.

The municipality shall ensure accommodation and supervise pupils who receive accommodation.

Section 4-4.Homework assistance

The municipality shall offer homework assistance free of charge to primary school and lower secondary pupils. The Ministry may issue regulations on the provision of homework assistance.

Section 4-5.After-school programmes

The municipality shall offer after-school programmes for pupils in years 1 through 4 and for pupils with special needs in years 1 to 7. The municipality may require parents to cover the costs of the after-school programmes.

The municipality shall facilitate play and cultural and leisure activities in the after-school programmes. Such activities shall be adapted to the age, functional abilities and interests of the children. In the after-school programmes, children shall be adequately cared for and supervised, and children with disabilities shall enjoy good conditions for development.

When the after-school programmes are affiliated with a school, the head teacher shall manage the programmes. The municipality may grant exemptions from the requirement.

The municipality may engage the private sector to operate the after-school program.

The municipality issues regulations on after-school programmes. The regulations shall contain rules on

The Ministry may issue regulations on free of charge after-school programmes, discount schemes and the content and tasks of after-school programmes.

Section 4-6.School excursions involving overnight stays

As part of their primary and lower secondary education, municipalities shall offer pupils a school camp or other school excursion with at least three consecutive overnight stays.

Section 4-7.Transition from kindergarten to school

The municipality shall ensure that children experience a safe and good transition from kindergarten to school and after-school programmes.

Section 5-1.Right to upper secondary education and training

Any person who has completed primary and lower secondary school or equivalent education is entitled to upper secondary education and training pursuant to this chapter. This also applies to individuals who have completed upper secondary education and training in another country, but have not had their education and training recognised as a university and college admissions certification or vocational qualifications in Norway. This right only applies to individuals who are likely to stay in Norway for more than three consecutive months.

The right to upper secondary education and training under this chapter shall remain in effect until the individual has obtained a university and college admissions certificate or vocational qualifications, but in any case no longer than until the end of the school year beginning in the year they turn 24 years of age. Individuals who have not obtained a university and college admissions certificate or vocational qualifications by then are entitled to upper secondary education and training for adults pursuant to section 18-3.

Individuals entitled to upper secondary education and training pursuant to the first paragraph may choose upper secondary education and training for adults pursuant to section 18-3 from the school year beginning in the year they turn 19 years of age.

Individuals entitled to upper secondary education and training under the first sentence of the first paragraph may, upon application and up to the year in which they turn 19 years of age, instead receive upper secondary education and training pursuant to section 18-3, where special grounds exist. Individuals who are entitled to upper secondary education and training in accordance with the first paragraph, second sentence, are, upon application, entitled to receive such education under section 18-3.

The right to upper secondary education and training does not apply to education in subjects that have already been passed, unless otherwise stipulated in regulations issued pursuant to the last paragraph.

Individuals entitled to upper secondary education and training shall be admitted to one of the three education programmes at upper secondary level 1 for which they have applied. They will then be admitted to upper secondary level 2 and upper secondary level 3, if they meet the entrance requirements. Both levels 2 and 3 shall build on the previous level.

The Ministry may issue regulations on who is entitled to upper secondary education and training and on admission thereto.

Section 5-2.Programmes for general studies and vocational education programmes

Upper secondary education and training includes programmes for general studies and vocational education programmes.

The programmes for general studies shall comprise three years of education and training undertaken as a pupil.

Vocational education programmes usually comprise two years of education undertaken as a pupil and two years of in-service training at a training establishment.

Section 5-3.Planning and development of the upper secondary educational provision

In planning and developing the upper secondary educational provision, the county authority shall place significant weight on the skills required by society.

The county authority shall offer certificates of practice.

The Ministry may require the county authority to have an upper secondary educational provision that is open to applicants nationwide.

Section 5-4.Content, assessment and documentation in upper secondary education and training

Upper secondary education and training shall be in accordance with the goals and principles of education, cf. sections 1-4, first and second paragraphs, and 1-5, second and third paragraphs, programme structure, cf. section 1-6, third paragraph, as well as the distribution of teaching hours per subject, cf. section 1-6, fourth and fifth paragraphs.

Pupils, external candidates, candidates for experience-based trade certification and individuals undergoing in-service training at a training establishment are entitled to individual assessment and documentation of education. The Ministry issues regulations on individual assessment, on appeals against assessment and on documentation. The Ministry may issue regulations prescribing that an insufficient basis for assessment or high absenteeism may result in the loss of the right to individual assessment with a mark in the subject.

The Ministry may issue regulations on accreditation and recognition of previously completed education, training or experience-based trade certification.

Section 5-5.Right to re-selection

Pupils and individuals undergoing in-service training at a training establishment are entitled to as many re-selections as they wish, before the application deadline for admission in the calendar year in which they turn 19 years of age. Individuals who have not exercised their right to re-selection before this deadline are entitled to one re-selection at a later date.

Section 5-6.Entitlement to an apprenticeship or other programme at the upper secondary level 3

Applicants who meet the conditions for in-service training at a training establishment are entitled to an apprenticeship. If the county authority is unable to offer the applicant an apprenticeship, the applicant shall be entitled to an alternative upper secondary level 3 educational provision based on the programme area completed at upper secondary level 2. The Ministry may issue regulations on the educational provision for individuals who are not granted an apprenticeship.

Section 5-7.Supplementary education to achieve Higher Education Entrance Qualification

Individuals who have completed vocational education and training are entitled to supplementary education to achieve Higher Education Entrance Qualification. The right to supplementary education shall be effective until the end of the school year beginning in the year they turn 24 years of age. Individuals who have not obtained Higher Education Entrance Qualification by then are entitled to supplementary education under the rules applicable to adults pursuant to section 18-7.

Pupils may choose to receive supplementary education to achieve Higher Education Entrance Qualification in accordance with the rules applicable to adults pursuant to section 18-7 from the school year beginning in the year in which the individual turns 19 years of age.

Section 5-8.Upper secondary education and training free of charge

Upper secondary education and training shall be free of charge. The county authority may nevertheless require that pupils and individuals undergoing in-service training at a training establishment bear the cost of individual equipment ordinarily required for the education and training.

The Ministry may issue regulations requiring pupils to provide their own teaching aids and digital equipment.

Section 5-9.Right to upper secondary education and training for individuals without a residence permit

Legal residence in Norway is a condition for the right to upper secondary education and training. Individuals who are lawfully staying in the country while awaiting a decision on their application for a residence permit have a right to upper secondary education and training until the end of the school year beginning in the year they turn 18 years of age. Individuals whose application for a residence permit is rejected are only entitled to upper secondary education and training until the date of the final decision.

Section 6-1.Bokmål and Nynorsk for pupils in upper secondary education and training

Pupils shall receive instruction in Bokmål and Nynorsk. The Ministry may issue regulations on exemption from instruction in one of the written languages for pupils receiving instruction pursuant to sections 6-2, 6-3, or 6-5.

Pupils choose whether to use Bokmål or Nynorsk as their first-choice form of Norwegian in written work, and whether teaching aids shall be in Bokmål or Nynorsk.

Section 6-2.Instruction in Sámi in upper secondary education and training

Sámi pupils are entitled to instruction in either North Sámi, Lule Sámi, or South Sámi.

All pupils who have received instruction in or through the medium of Sámi in primary and lower secondary school are entitled to instruction in Sámi in upper secondary education and training.

The county authority shall offer part of the instruction in a Sámi language environment if this is necessary for the instruction in Sámi to be pedagogically sound.

Section 6-3.Instruction in and through the medium of Norwegian Sign Language in upper secondary education and training

Pupils with a hearing impairment have the right to receive instruction with the aid of a sign language interpreter or to attend upper secondary schools that offer instruction in Norwegian Sign Language. Pupils attending ordinary upper secondary schools who use an interpreter may also choose to receive instruction in Norwegian Sign Language.

The right to attend upper secondary schools that offer instruction in and through the medium of Norwegian Sign Language only applies within the education programmes and programme areas offered by the schools. Parts of such instruction may be provided with the aid of sign language interpreters.

Section 6-4.Instruction in braille in upper secondary education and training

Pupils who are blind or with severe vision impairment are entitled to receive the necessary instruction in braille.

Section 6-5.Specialised language instruction in upper secondary education and training

Pupils whose mother tongue is neither Norwegian nor Sámi shall be entitled to specialised language instruction until their proficiency in Norwegian enables them to follow the general instruction. Specialised language instruction shall encompass intensive Norwegian language instruction and, where necessary, mother tongue instruction, instruction in subjects through the medium of both languages, or a combination thereof.

The county authority shall regularly assess whether a pupil who has been granted specialised language instruction is sufficiently proficient in Norwegian to be able to follow the general instruction.

The county authority may determine that the pupil shall receive instruction in their mother tongue at a school other than the one the pupil attends.

Section 6-6.Introductory instruction for upper secondary pupils who have resided in Norway for a short period

The county authority may provide pupils who have lived in Norway for a short period and who have been granted specialised language instruction with all or part of their instruction in special groups or classes or at special schools. The county authority may only provide such introductory instruction with the consent of the pupil. However, the requirement for consent shall not apply if instruction through a specially organised programme is necessary to provide newcomer pupils with sound educational provision in a situation involving a large number of displaced persons arriving from Ukraine.

The county authority may decide on introductory instruction for a pupil for up to one year at a time, for a total of up to two years. In the decision, exceptions may be made to subject curricula, cf. section 1-4, second paragraph, and the distribution of teaching hours per subject, cf. section 1-6, fourth paragraph.

Section 7-1.Scope of the chapter, and definition of apprentice, candidate for certificate of practice, training candidate and candidate for on-the-job trade certificate

This chapter applies to upper secondary education and training that is provided as in-service training at a training establishment.

Where the Act refers to an individual who has undergone or will undergo in-service training at a training establishment, the rule applies to apprentices, candidates for certificates of practice, training candidates and candidates for on-the-job trade certificates.

The rules for pupils apply to apprentices, candidates for certificates of practice, and training candidates if the county authority is responsible for the education and training.

An apprentice is a person who has entered into an apprenticeship contract with a view to undertaking a trade or journeyman’s examination that includes an apprenticeship period, in accordance with regulations issued pursuant to section 5-4. A candidate for a certificate of practice is a person who has entered into a training contract with a view to undertaking a certificate of practice examination. A training candidate is a person who has entered into a training contract with a view to undertaking a less comprehensive examination than a trade or journeyman’s examination. A candidate for a trade certificate at a workplace is a person who has entered into a training contract based on general learning and real competence with a view to undertaking a trade or journeyman’s certificate.

The Ministry may issue regulations on the various training schemes for upper secondary education and in-service training at a training establishment.

Section 7-2.Conclusion and amendment of training contracts

Individuals who are to undergo in-service training at a training establishment shall enter into a training contract with a training establishment before the training commences. The contract shall state the objective of the training and the responsible parties for the various components of the training. The contract shall refer to the employment contract(s) entered into.

The contract shall be approved by the county authority and may only be amended with its consent.

The contract applies from the time the training commences, even if the authorisation is granted at a later date.

The county authority may approve training contracts that deviate from the established course of training.

The Ministry may issue regulations on the form and content of the contract, on amendments to the contract, and on the county authority’s right to approve contracts that deviate from the established course of training.

Section 7-3.Cancellation and termination of training contracts

A training contract may be cancelled by mutual agreement between the parties. The training establishment shall inform the county authority in writing before the contract is cancelled.

The county authority shall make a decision to cancel the training contract if the individual undergoing training at a workplace submits written notice stating that they do not wish to complete the contract period. The county authority may also decide to cancel the training contract if one of the parties commits a material breach of their obligations in the employment relationship, or if one of the parties is unable to fulfil the contract.

Before a decision is made to cancel an apprenticeship contract at the request of the training establishment, the individual undergoing in-service training at a training establishment shall be given the opportunity to make oral representations to the county authority.

If a training contract is cancelled or terminated, the training establishment shall issue a certificate of the training completed.

Section 7-4.Rights and obligations of individuals undergoing in-service training a training establishment arising from their status as employees. Relationship to the Working Environment Act

Individuals undergoing in-service training at a training establishment are employees of the training establishment, with the rights and obligations arising from legislation and collective agreements.

Individuals undergoing in-service training at a training establishment shall have an employment contract with the training establishment in addition to a training contract pursuant to section 7-2. The training establishment may only terminate such an employment contract if the training is cancelled or terminated pursuant to section 7-3.

During the first six months of employment, the employment contract may nevertheless be terminated in accordance with the rules of sections 15-3 and 15-6 of the Working Environment Act if a contract has been entered into for full in-service training at a training establishment. The training contract lapses if the employment contract is terminated.

The employment contract lapses at the end of the apprenticeship period, or if the training contract is terminated or cancelled.

The second paragraph, second sentence, third paragraph and fourth paragraph do not apply to employment contracts that the parties have entered into independently of the training contract.

Training candidates are entitled to individual adaptation in accordance with sections 11-4 to 11-6. Sections 11-7 to 11-11 and section 11-13 apply to such adaptation.

Section 7-5.Approval of training establishments

The county authority shall approve training establishments that meet the requirements of section 7-6.

Before the county authority can approve a training establishment, it must be subject to an expert assessment by the county vocational training board. The county authority shall place decisive weight on the expert assessment of the county vocational training board.

The Ministry may issue regulations on the approval of training establishments.

Section 7-6.Requirements for training establishments

The training establishment shall provide training in accordance with the curricula for the recognised trade programme. The training establishment may provide all the training, or fulfil the requirement by agreeing that parts of the training shall take place in another training establishment. The responsibility for training lies with the training establishment with which the training contract has been concluded.

A training establishment shall have one or more professionally qualified individuals responsible for the training, and one or more instructors who provide education and training.

The Ministry may issue regulations on the sharing of responsibility between co-operating training establishments.

Section 7-7.Recruitment of training establishments and placement in apprenticeships

The county authority shall recruit training establishments with a view to offering apprenticeships to all applicants who meet the conditions for being placed in an apprenticeship.

The county authority shall place applicants who meet the requirements with training establishments.

The Ministry may issue regulations on requirements on placement in apprenticeships.

Section 7-8.Grants for training establishments

The county authority shall allocate grants to approved training establishments for training.

The Ministry may issue regulations on grants to training establishments.

Section 7-9.Follow-up of training establishments and revocation of approval

The county authority shall provide guidance to training establishments and monitor their compliance with statutory requirements.

Following an expert assessment by the county vocational training board, the county authority may revoke the approval of a training establishment if it no longer meets the required standards. The county authority shall place decisive weight on the expert assessment of the county vocational training board.

Approval as a training establishment shall lapse two years after the last training contract has concluded.

The Ministry may issue regulations on the revocation of approval.

Section 7-10.Training establishments’ responsibility for training

Training establishments shall draw up a plan to ensure that training is in accordance with the contracts of individuals undergoing in-service training at a training establishment, and shall adapt its activities to accommodate the training.

The training establishments shall ensure a good working and learning environment. The total working and training hours of individuals undergoing training shall not exceed the working hours of other employees.

Training establishments that are no longer able to provide training in accordance with the contract shall notify the county authority thereof.

Section 7-11.Requirements for internal control in training establishments

Training establishments shall carry out internal control to ensure that the training is in accordance with this Act. Internal control shall be carried out in co-operation with employee representatives.

The training establishments shall report annually to the county authority on the training they provide. The Ministry may issue regulations on the reporting obligation.

Section 7-12.Co-operative bodies for training establishments (training agencies)

Training establishments affiliated with a co-operative body may agree that the co-operative body shall enter into an apprenticeship contract pursuant to section 7-2 and receive grants pursuant to section 7-8 on behalf of the training establishment.

The Ministry may issue regulations on grants to co-operative bodies for training establishments.

Section 8-1.Advisory body for vocational education and training

The Ministry shall appoint a co-operative body on vocational education and training to advise the Ministry on, and take initiatives to promote, vocational education and training.

The Ministry shall appoint expert bodies for vocational education and training. Each subject or discipline in vocational education and training shall be associated with an expert body.

The Ministry shall appoint curriculum groups to assist in the work of determining the content of vocational education and training.

The Ministry may issue regulations on the composition and tasks of the bodies mentioned in this section.

Section 8-2.County vocational training board

The county authority shall appoint a county vocational training board. The county authority shall prepare the cases to be considered by the board.

Matters affecting vocational education and training shall be referred to the county vocational training board for consideration before the county authority makes a decision. The county authority shall place decisive weight on the expert assessment of the county vocational training board.

The Ministry may issue regulations on the composition and tasks of the board.

Section 8-3.Board of appeals for trade and journeyman’s examinations

The Ministry shall appoint boards of appeal for appeals against decisions of failed trade or journeyman’s examinations. Each board shall be appointed for a term of four years and shall comprise a chair, a deputy chair and one additional member. At least two of the members shall have vocational training, and all members shall have personal deputies.

The expert board for the subject shall make a recommendation on the composition of each board.

Section 9-1.Right to transport to and from school for upper secondary pupils

Pupils are entitled to transport free of charge or full transport reimbursement if they live more than six kilometres from the school.

Pupils who require boat transport are entitled to such transport free of charge.

Pupils who require transport due to disability, injury or illness are entitled to transport free of charge to and from school.

Pupils with more than one place of residence are entitled to transport to and from each place of residence that meets the conditions for a right to transport.

The Ministry may issue regulations stipulating that the right to transport may be fulfilled through discount schemes for public transport in areas with well-developed public transport services.

Section 9-2.Travel escort for and supervision of upper secondary pupils

Pupils who receive transport are entitled to a travel escort, where necessary.

Pupils who receive transport are entitled to supervision during the waiting period before and after school hours if they cannot remain unaccompanied due to a disability.

Section 9-3.Assistance in obtaining accommodation for upper secondary pupils

Where a pupil is unable to use daily transport to school, the county authority shall assist in obtaining accommodation for the pupil. Where it is not otherwise possible to obtain accommodation for the pupil, the county authority shall ensure that a pupil residence is built.

Section 9-4.Follow-up service for individuals not engaged in upper secondary education or employment

The county authority shall have a follow-up service. The follow-up service shall ensure that individuals who are entitled to education and training under section 5-1 and who are not engaged in education and training or employment are offered upper secondary education and training, other competence-promoting measures or employment. The service is available to individuals up until the end of the year in which they turn 24 years of age.

The follow-up service shall ensure interagency co-operation between municipal, county authority and central government agencies responsible for the target group. The follow-up service shall communicate and co-ordinate the various programmes.

The Ministry may issue regulations on the tasks of the follow-up service.

Section 9-5.Transition from lower secondary school to upper secondary education and training

The county authority shall ensure that pupils enjoy a safe and good transition from lower secondary school to upper secondary education and training. The municipality shall co-operate with the county authority on the transition.

If the pupil is to attend an upper secondary school that is approved under the Independent Schools Act, the municipality’s obligation in the first paragraph shall apply correspondingly to the independent upper secondary school.

Section 9-6.Educational provision during the transition from lower secondary school to upper secondary education and training

The county authority shall ensure educational provision for individuals who are entitled to upper secondary education and training under section 5-1, but who lack the academic or linguistic prerequisites to participate in or complete such education and training.

Section 9-7.Provision of additional primary and lower secondary education

The municipality and county authority may offer preparatory education under section 18-2 to individuals entitled to upper secondary education and training under section 5-1, but who require additional primary and lower secondary education in order to be able to complete upper secondary education and training. Such education may provide an opportunity to improve the pupil’s school-leaving certificate from compulsory school.

Section 10-1.The best interests of the pupil

In all actions concerning pupils, the best interests of the pupil shall be a primary consideration.

Section 10-2.Pupils’ right to participation

Pupils have the right to participate in all matters concerning them under this Act, and have the right to freely express their views. Pupils shall be heard and their views shall be given due weight in accordance with the age and maturity of the pupil.

Section 10-3.Co-operation with parents

The school shall co-operate with the parents on matters concerning the pupil’s education.

The Ministry may issue regulations on co-operation between schools and parents.

Section 10-4.School democracy

The school shall ensure that pupils and parents are involved in the planning, implementation and evaluation of the school’s activities, including matters concerning the school environment, educational quality development and the establishment of school rules. Pupils shall not take part in the consideration of matters that are subject to a statutory duty of confidentiality.

The school shall facilitate the expression of all pupils and encourage them to participate in school democracy. The school shall also assist pupils in their work relating to school democracy.

Section 10-5.Organisation of school democracy

Each primary, lower secondary and upper secondary school shall have a pupil council elected by the pupils at the school. The pupils may determine an alternative form of organisation. Each primary and lower secondary school shall have an executive committee elected by the parents at the school. The parents may determine an alternative form of organisation. The municipality and county authority shall ensure that decisions are made regarding which additional user bodies shall be established for the schools.

Pupils and parents shall be represented in bodies at primary and lower secondary schools, and pupils shall be represented in bodies at upper secondary schools. Representatives of pupils in upper secondary education and training have the right to attend and speak before county authority boards on the same basis as employee representatives, pursuant to section 13-4 of the Local Government Act.

Section 10-6.Pupils’ duty to participate and the municipality’s and county authority’s duty to follow up

Pupils shall actively participate in their instruction and adhere to school rules. The municipality and county authority shall ensure that pupils who are absent from instruction receive follow-up.

Pupils may be required to complete assignments outside of school hours (homework). Consideration shall be given to pupils’ right to rest and leisure.

Section 10-7.School rules

The municipality and county authority shall issue regulations on the organisation of school democracy and on pupils’ rights and obligations, including on orderliness and conduct (school rules).

In such school rules, the municipality and county authority may specify the measures that may be applied in response to breaches of the rules by pupils, and the procedures for handling such cases.

Section 10-8.Information for pupils and parents

Municipalities and county authorities shall provide pupils and parents with the information they need, including information about education and training, the individual pupil, the school environment and school rules, as well as the rights and obligations of pupils. Municipalities and county authorities shall also provide pupils and parents with information about the right to instruction in and through the medium of Sámi.

Section 10-9.The National Parents’ Committee for primary and secondary education

The National Parents’ Committee is an independent advisory body for the Ministry in matters relating to co-operation between the school and home, and is intended to safeguard parents’ interests in relation to the school. The mandate of the National Parents’ Committee covers primary and lower secondary school and upper secondary education and training level 1.

The Ministry appoints each board for a term of four years, and shall comprise a chair, a deputy chair and five other members.

Section 11-1.Differentiated instruction

The municipality and county authority shall ensure that instruction is differentiated, meaning that pupils shall derive satisfactory benefit from the instruction regardless of their abilities, and that all pupils shall be able to utilise and develop their skills. The training establishment shall ensure differentiated instruction for individuals undergoing in-service training at a training establishment.

Section 11-2.Satisfactory benefit from the instruction

The municipality and county authority shall ensure that teachers monitor pupils’ progress and notify the head teacher if there is any doubt as to whether a pupil is deriving satisfactory benefit from the instruction. If necessary, the school shall implement suitable measures, cf. sections 11-1 and 11-3.

The school shall assess whether the measures are sufficient to provide the pupil with a satisfactory benefit from the instruction, or whether the pupil may require individual adaptations in accordance with the rules of sections 11-4, 11-5 and 11-6.

Section 11-3.Intensive instruction in years 1 through 4

In years 1 through 4, the municipality shall ensure that pupils at risk of not making the expected progress in reading, writing or mathematics are promptly provided with suitable intensive instruction. Where it is in the best interests of the pupil, such intensive instruction may be delivered as one-to-one instruction for a limited period.

Section 11-4.Personal assistance

Pupils are entitled to the personal assistance they need to be able to participate in and derive a satisfactory benefit from the instruction.

Section 11-5.Physical adaptation and technical aids

Pupils are entitled to the technical aids and physical adaptation they need to be able to participate in and derive a satisfactory benefit from the instruction. Pupils are also entitled to necessary training in the use of such equipment.

Pupils who are blind or with severe vision impairment are entitled to the necessary mobility training to enable them to travel to and from school and navigate the school and home environment.

Section 11-6.Individually adapted education

Pupils are entitled to individually adapted education where this is necessary for them to derive satisfactory benefit from their instruction.

In the assessment of the type of educational provision, particular emphasis shall be placed on the pupil’s potential for development. The educational provision shall be designed to enable the pupil to derive satisfactory benefit from the instruction, relative to other pupils and consistent with the pupil’s realistic educational objectives.

Section 11-7.Decisions on individually adapted education and requirements for an expert assessment

Before the municipality or county authority decides whether a pupil is entitled to individually adapted education, they shall obtain an expert assessment from the educational and psychological service. The educational and psychological service shall assess whether the pupil requires individually adapted education. If the pupil also requires personal assistance or physical adaptation in accordance with sections 11-4 and 11-5, the expert assessment shall provide a comprehensive assessment of the adaptations required by the pupil.

The municipality and county authority may only depart from the expert assessment if they determine that the pupil can derive satisfactory benefit from the instruction in an alternative manner. Such a decision shall be justified in the decision. In decisions regarding individually adapted education, exceptions may be made to the rules concerning the content and organisation of the education.

The pupil or parents shall give their consent before the municipality or county authority carries out an expert assessment, and before making a decision on individually adapted education. An offer of individually adapted education shall be prepared in consultation with the pupil and parents, and considerable emphasis shall be placed on the views of the pupil and parents.

Section 11-8.Content of the expert assessment

In an expert assessment, the educational and psychological service shall always provide an account on

Section 11-9.Qualification requirements for those delivering individually adapted education

Those who are to deliver individually adapted education must meet the qualification requirements for appointment to a teaching position, cf. section 17-3, and the requirements for relevant qualification in the subject to be taught, cf. section 17-4.

In decisions concerning individually adapted education, exceptions may be made to the qualification requirements set out in section 17-3 if such exceptions are deemed to enhance the pupil’s education. Such exceptions may only be granted if the education is to be delivered by individuals holding a university or university college qualification that renders them particularly qualified to meet the needs of the pupil. Such a decision also entails that the qualification requirements of section 17-4 do not apply.

In a decision on individually adapted education, exceptions may be made to the qualification requirements of section 17-4 where the individual assessment of the pupil and the education to be provided gives reason for it.

Section 11-10.Individual subject curriculum

The school shall prepare an individual subject curriculum for pupils who receive individually adapted education. The plan shall state the objectives and content of the education and how it is to be provided.

Section 11-11.Annual evaluation of the benefits of the individually adapted education

Each year, the school shall prepare a written account detailing the individually adapted education the pupil has received, along with an assessment of the pupil’s development in relation to the objectives in the individual subject curriculum. The pupil or parents shall have access to the account and assessment.

Section 11-12.Augmentative and alternative communication (AAC)

Pupils with impairments in the production of spoken language, whether partial or complete, and who require augmentative and alternative communication, shall be permitted to use their own methods of communication and any necessary communication aids in their education. The same applies to individuals undergoing in-service training at a training establishment.

Pupils and training candidates are also entitled to the training required to enable them to use augmentative and alternative communication. Such training may form part of the individually adapted education pursuant to section 11-6.

Section 11-13.Educational and psychological service

The municipality and county authority shall have an educational and psychological service.

The educational and psychological service shall co-operate with and support schools in their preventive efforts to provide an inclusive educational provision for pupils who may require adapted education. The service shall

Where the Act or regulations issued pursuant to the Act prescribe an expert assessment, it is the educational and psychological service that shall prepare such an assessment.

The Ministry may issue regulations on other circumstances in which the educational and psychological service shall prepare expert assessments.

Section 11-14.Teaching aids for individually adapted education

The Ministry shall ensure that textbooks and other teaching aids are developed for individually adapted education.

Section 12-1.Scope of the chapter

This chapter applies to schools, the homework assistance scheme and the after-school programme.

Section 12-2.Right to a safe and good school environment

All pupils are entitled to a safe and good school environment that promotes health, inclusion, well-being and learning.

Section 12-3.Zero tolerance and preventive work

The school shall not accept abusive behaviour, such as bullying, violence, discrimination and harassment.

The school shall continuously work to ensure that all pupils enjoy a safe and good school environment.

Section 12-4.Duty to ensure a safe and good psychosocial school environment (duty to act and duty to document)

All personnel at schools shall monitor the well-being of pupils and, where possible, intervene if a pupil is subjected to abuse.

All personnel at schools shall notify the head teacher if they suspect or become aware that a pupil is not enjoying a safe and good school environment. This also applies where a pupil personally states that he or she is not enjoying a safe and good school environment. The school shall promptly investigate the matter and rectify the situation with appropriate measures. The head teacher shall report serious matters to the municipality or county authority.

The school shall create a written plan outlining the measures to be taken in the case. The plan shall account for

The school shall document what is done to fulfil the duty to act under the first and second paragraphs in the form and to the extent necessary.

Section 12-5.Enhanced duty to report in instances where school personnel are implicated in the abuse of a pupil

If any staff member at the school suspects or becomes aware that another staff member at the school is abusing a pupil, they shall promptly report the matter to the head teacher. The head teacher shall notify the municipality or county authority, unless the reported matter is clearly unfounded.

If any staff member at the school suspects or becomes aware that a member of the school’s administration is abusing a pupil, they shall report the matter to the municipality or county authority directly.

Section 12-6.The county governor’s enforcement of the duty to ensure a safe and good psychosocial school environment in individual cases

If a pupil is not enjoying a safe and good school environment, the pupil or parents may report the matter to the county governor once the matter has been raised with the head teacher.

The county governor shall decide whether the duty to rectify the situation by taking appropriate measures pursuant to section 12-4, second paragraph, and the duty to create a written plan pursuant to section 12-4, third paragraph, have been fulfilled. If the matter has not been raised with the head teacher, it has been less than a week since it was raised or the pupil no longer attends the school in question, the county governor shall reject the case, unless there are special reasons for considering the matter.

The municipality and county authority shall, without prejudice to the statutory duty of confidentiality, present all information that the county governor considers necessary to clarify the case.

If the county governor determines that the school has failed to fulfil its duty to implement appropriate measures under section 12-4, second paragraph, or its duty to create a written plan under section 12-4, third paragraph, the county governor may direct the municipality or county authority to rectify the situation. If the case would otherwise be unnecessarily delayed, or if there is reason to believe that the municipality or county authority will not be able to rectify the situation, the county governor may decide on the action the school shall take to ensure that the pupil enjoys a good physical and psychosocial school environment. The county governor may impose sanctions in accordance with the school rules, cf. section 10-7, or decide that a pupil shall change schools, cf. section 13-2.

The decision of the county governor is an individual decision. The county governor shall set a deadline for the implementation of the decision and follow up the matter.

Section 12-7.The physical environment

All pupils are entitled to a workplace that is adapted to their needs. The school shall be organised in a manner that accommodates pupils with disabilities.

The Ministry issues regulations on the administrative procedure for cases relating to the physical school environment under sections 12-2 and 12-7. Section 29-1 does not apply in such matters.

Section 12-8.Enforcement fines

To ensure the implementation of decisions pursuant to section 12-6, the county governor and the appeal body may determine enforcement fines for municipalities and county authorities. An enforcement fine may be imposed at the same time as the decision or at a later date.

A decision on an enforcement fine takes effect when the municipality or county authority fails to meet the deadline for implementing the decision pursuant to section 12-6, and the fine continues to accrue until the decision is fulfilled. In the decision regarding an enforcement fine, a later deadline for implementation may be set than the one established undersection 12-6. A decision on an enforcement fine shall not take effect if compliance with the decision is unreasonable and the failure to comply is due to circumstances beyond the control of the responsible party.

The decision on an enforcement fine shall be processed in accordance with the rules of the Public Administration Act, chapters IV and V.

The fine is payable to the central government’s treasury. In special circumstances, the enforcement fine may be reduced or waived.

The Ministry may issue regulations on the type of enforcement fines that may be imposed and the amounts of such fines.

Section 12-9.Criminal liability for breaches of the rules on school environment

A fine or term of imprisonment of up to three months shall be imposed on any person who wilfully or negligently contravenes the rules of section 12-4, first paragraph, section 12-4, second paragraph, first sentence and fourth sentence or section 12-5. The same applies to a head teacher who, in the same manner, contravenes the rules of section 12-4, second paragraph, third sentence.

When assessing whether the offence is aggravated, emphasis shall be placed on the nature of the offence and the extent of the damage it has caused.

If one of the rules of section 12-4, first to second paragraphs, or section 12-5 have been contravened by a person acting on behalf of the school, the municipality and county authority may be subject to penalties, cf. section 27 of the Penal Code.

The limitation period lapses after five years.

Section 12-10.Burden of proof in compensation cases regarding psychosocial school environment

If there is reason to believe that the municipality or county authority has failed to comply with the rules on psychosocial school environment in or pursuant to chapter 12, it shall be presumed, when processing claims for compensation under the Compensation for Damages Act, that the rules have not been complied with, unless the municipality or county authority can substantiate otherwise.

Section 13-1.Exclusion from instruction

The municipality and county authority may stipulate in regulations on school rules pursuant to section 10-7 that pupils may be excluded from instruction following multiple or serious breaches of the school rules, with the limitations that follow from this section.

A student cannot be excluded from instruction if less invasive measures would suffice.

Pupils in years 1 to 7 may be excluded from individual lessons or for the remainder of the school day, and pupils in years 8 to 10 may be excluded for up to three days. Parents shall be notified before a pupil in years 1 to 7 is excluded for the remainder of the school day. Pupils in upper secondary education may be excluded for up to five days. It may also be determined that pupils in upper secondary education may be excluded for the remainder of the school year where the breaches of school rules are of a particularly serious nature.

The head teacher makes the decision on exclusion from instruction. Unless the municipality or county authority determines otherwise, the head teacher may authorise teachers to exclude pupils from a lesson for which the teacher is responsible. The exclusion may not be effective for more than two full hours. The county authority may not delegate to an individual school the authority to exclude a pupil from upper secondary education for the remainder of the school year.

Section 13-2.Mandatory school change

The municipality and the county authority may decide that a pupil shall be transferred to another school if the pupil’s conduct seriously jeopardises the safety or learning of one or more fellow pupils.

A pupil shall not be transferred if less intrusive measures are available to remedy the situation. A pupil shall not be transferred if this would require the pupil to move away from home, or if a transfer renders daily transport unsafe. Nor shall a pupil in upper secondary school be transferred if this would require the pupil to change education programme or programme area.

The municipality and county authority may not delegate to an individual school the authority to make decisions about changing schools.

Section 13-3.Prevention

The municipality and county authority shall ensure that the school, homework assistance programme, and after-school programme engage in continuous and systematic efforts to prevent situations that may necessitate physical intervention by employees towards pupils.

Section 13-4.Physical interventions to prevent harm or damage, etc.

Employees in schools, homework assistance programmes, and the after-school programmes may, where other measures are insufficient, physically intervene towards pupils to prevent a pupil from

The physical intervention may not go beyond what is necessary, and it must be proportionate to the interests to be safeguarded.

Actions that are generally accepted in interactions between adults and children in their care shall not be considered physical interventions under this section.

Section 13-5.Duty to report and documentation

An employee who has physically intervened in accordance with section 13-4 shall report the incident to the head teacher. The head teacher shall report the incident to the pupil’s parents. Where physical intervention has been used repeatedly on the same pupil, or where the intervention is particularly severe, the head teacher shall notify the municipality or county authority.

The school shall document all physical interventions with a brief description of the incident, the intervention carried out and the pupil’s views of the matter.

Section 14-1.School calendar and duration of the school year

The education and training shall encompass at least 38 school weeks within a framework of 45 consecutive weeks in the school year.

The municipality and county authority issues regulations on school term and holidays for pupils (school calendar). The school term and holidays shall be planned so that examinations and national tests may be carried out.

Section 14-2.Class and group placement of pupils

The municipality and county authority shall ensure that each pupil is placed in a single class and has sufficient time in the class to enable the pupil to develop social cohesion. The pupils may be divided into other groups for parts of the instruction. Classes and groups shall be organised in such a manner that the school becomes a gathering place where pupils develop tolerance and respect for one another.

No classes or groups shall be larger than is safe and educationally appropriate.

Pupils may be divided into groups according to academic level in specific and limited parts of the education if this is necessary to enable one or more of the pupils to derive satisfactory benefit from the education.

Pupils may only be grouped by gender if there are particularly compelling reasons to do so. Pupils may not be divided into groups by ethnicity.

The municipality and county authority shall ensure that all pupils have a contact teacher. The contact teacher has a special responsibility for the pupil, for contact with the home and for administrative, social and educational tasks in the class.

Section 14-3.Pupil-to-teacher ratio

The Ministry may issue regulations on the pupil-to-teacher ratio by school or by municipality. The ratio may vary according to year levels.

Section 14-4.Distance education

Parts of the education may be delivered without the teacher being physically present with the pupils (distance education) where there are valid reasons for doing so and it is both safe and pedagogically sound. Valid reasons means that the advantages of distance education for the pupils must outweigh the disadvantages. When assessing whether it would be safe and pedagogically sound to provide parts of the education as distance education, consideration shall be given to the pupils’ opportunities for learning, development, well-being and social cohesion.

Pupils shall receive distance education at the school. In special circumstances, a pupil may receive distance education at a location other than the school. Upper secondary school pupils may also be exempted by agreement with the head teacher.

Distance education shall be provided such that pupils and teachers are able to communicate effectively. The technical solutions used shall ensure either real-time communication or a minimal response delay.

The municipality or county authority shall demonstrate that the conditions of this section are fulfilled.

The Ministry may issue regulations on distance education.

Section 14-5.Prohibition against proselytising

The instruction shall not be proselytising based on religion or life stance.

Section 14-6.Exemption from educational activities based on worldview

Pupils are entitled to exemption from educational activities that they reasonably perceive as the practice of a religion or worldview other than their own, or which they consider to be offensive or disruptive for similar reasons. The exemption requires a written notification from the pupil or parents, but shall not require a justification.

Exemptions from the learning objectives in subject curricula is not permitted. Pupils who are exempted from educational activities must receive other education with equivalent academic content.

Section 14-7.Education on Christianity, religion, worldviews and ethics

Education on Christianity, other religions, worldviews, and ethics shall be inclusive of all pupils and aim to foster greater understanding, respect and the ability to engage in dialogue between individuals with differing perspectives on matters of faith and worldview. The subjects shall be presented in an objective, critical and pluralistic manner.

Section 15-1.Language of instruction and spoken language

Instruction shall be provided in Norwegian, Sámi or Norwegian Sign Language.

In oral instruction, pupils and teachers shall decide for themselves which language they want to use. Teachers and the school administration shall take the pupils' spoken language into account to the extent possible in their choice of words and expressions.

Section 15-2.First-choice form of Norwegian at each school

The municipality and the county authority issue regulations on which written language shall be the first-choice form of Norwegian at each school, either Bokmål or Nynorsk. The school shall use the first-choice form of Norwegian in its written instruction and in its written communication with pupils and parents.

An advisory vote shall be held in connection with a change in the first-choice form of Norwegian in primary and lower secondary schools, or when a majority of the municipal council or at least one-quarter of the eligible voters in the municipality request it. A new decision on the first-choice form of Norwegian may not be made until five years have passed. The Ministry may issue regulations on eligibility to vote, responsibility for the voting process, and the conduct of the vote.

Section 15-3.Requirements for orthography and written language in teaching aids

For the purposes of this Act, ‘teaching aids’ refers to all printed, non-printed and digital elements that have been developed for use in instruction that are to be used throughout the education and that cover essential parts of the subject curriculum.

The school shall use teaching aids in Norwegian and Sámi that adhere to the official orthographic standards.

The school shall use teaching aids that are available in Bokmål and Nynorsk at the same time and at the same price. This requirement does not apply to

The printed teaching aids in the subject of Norwegian in primary and lower secondary schools shall have sufficient material in both Bokmål and Nynorsk in order for pupils to learn to read both written languages.

Section 15-4.Glossaries, dictionaries and writing software

The Norwegian-language printed and digital glossaries and dictionaries used by the school shall be approved by the Language Council of Norway.

The school shall use writing software that support both Bokmål and Nynorsk, and that adhere to official orthographic standards.

Section 15-5.School libraries

Pupils shall have access to a school library. The Ministry may issue regulations on school libraries.

Section 15-6.Equipment

Schools shall have access to the necessary equipment, furnishings and teaching aids.

Section 16-1.Education and career counselling

Municipalities and county authorities shall ensure that pupils in primary and secondary education receive the counselling they need regarding education and careers.

Pupils shall be provided with counselling at the school they attend, and individually, if they request it.

The county authority shall ensure that individuals undergoing in-service training at a training establishment have access to counselling regarding education and careers.

Section 16-2.Counselling on social and personal matters

The municipality and county authority shall ensure that pupils receive the counselling they need on social and personal matters that may affect their well-being at school.

Pupils shall be provided with counselling at the school they attend, and individually, if they request it.

The county authority shall ensure that individuals undergoing in-service training at a training establishment have access to counselling on social and personal matters.

Section 17-1.Requirements for expertise in schools

The municipality and county authority shall ensure that schools have the right and necessary expertise.

Section 17-2.Administration

Schools shall have an administration that is professionally, educationally and administratively sound.

A school shall be led by a head teacher. The head teacher shall have educational qualifications, take part in the day-to-day operations and work on the development of the organisation. A head teacher may lead multiple schools.

Section 17-3.Requirements for appointment to a teaching position

The municipality and county authority shall ensure that individuals appointed to teaching positions have completed a relevant teacher training programme by the time they begin their employment, at the latest.

If no applicants meet the requirements for appointment, others may be appointed on a temporary basis on the condition that a commenced teacher training programme is completed. The duration of such an appointment shall be agreed upon between the employer and the employee, based on the full-time equivalent of the position, the duration of the required education, and the availability of educational provision.

If no applicants meet the requirements for appointment, others may be appointed on a temporary basis, even without the condition of completing a teacher training programme; however, such an appointment shall not extend beyond 31 July.

The Ministry may issue regulations on the education and qualifications required to be appointed to a teaching position.

Section 17-4.Requirements for relevant qualifications in teaching subjects

The municipality and county authority shall ensure that individuals employed in teaching positions have relevant qualifications for the subjects they are to teach.

The requirements for relevant qualifications in teaching subjects do not apply to individuals who could be appointed to a teaching position prior to 1 January 2014, general teachers and temporary employees.

Municipalities and county authorities may depart from the requirements for relevant qualifications in teaching subjects if necessary due to a shortage of employees in teaching positions who meet the qualifications. Such a decision shall be reassessed each school year.

The Ministry may issue regulations on requirements for relevant qualifications in the various subjects.

Section 17-5.The qualification principle

The most qualified applicant shall be appointed to a vacant position, unless otherwise exempted by law or regulation.

When assessing who is most qualified, the municipality and county authority shall emphasise education, experience and the applicant’s personal suitability, together with the qualification requirements in the advertisement.

Section 17-6.Professional responsibility for the education and the use of personnel in the education other than those employed in teaching positions

Only individuals employed in a teaching position may have professional responsibility for the education.

Where other personnel assist in the education, the municipality and county authority shall ensure that they receive the necessary guidance from someone who is employed in a teaching position.

Section 17-7.Requirement that schools have access to substitutes

The municipality and county authority shall ensure that schools have access to substitutes in the event of normal and expected absences.

Section 17-8.Professional and educational development

Municipalities and county authorities shall ensure that teachers, head teachers, and other school personnel are provided with opportunities for professional and educational development in accordance with developments in schools and society.

Section 17-9.Traineeships in schools

The Ministry may, in individual cases or in regulations, require municipalities or county authorities to provide students from universities and university colleges with practical training and guidance at schools.

Section 17-10.School camp staff

Teaching staff at school camps with permanent teaching staff shall be employed by the municipality where the school camp is located. The Ministry may issue regulations on qualification requirements for staff at permanent school camps.

Section 17-11.Certificate of good conduct issued by the police and prohibition against appointment

The municipality and county authority shall require a certificate of good conduct issued by the police from individuals who are to be appointed on a permanent or temporary basis in primary and lower secondary schools, upper secondary schools, after-school programmes, homework assistance programmes, schools of arts or school-related activities. Any person who is to be appointed on a permanent or temporary basis at a school camp shall also be required to present a certificate of good conduct issued by the police.

The municipality and county authority may require a certificate of good conduct issued by the police from individuals who are to undergo practical training at schools and other places where the programmes mentioned in the first paragraph are provided. When assessing whether a person who is to undergo practical training shall be required present a certificate of good conduct issued by the police, consideration shall be given to whether a criminal record check has already been conducted under other legislation, the duration of the placement, and the extent of contact with pupils.

The municipality and county authority may require a certificate of good conduct issued by the police from individuals who are to perform tasks at schools and other places where the programmes mentioned in the first paragraph are provided.

The certificate of good conduct issued by the police shall contain the remarks specified in section 39, first paragraph, of the Police Databases Act. In addition, the certificates of good conduct issued by the police shall contain remarks on sanctions for contraventions of sections 251, 252, 253, 254, 255, 256, 263, 264, 272, 273, 284 and 285 of the Penal Code (2005), sections 222, 223, 227, 228, second paragraph, and 229 of the Penal Code (1902) and the Act of 15 December 1995 No. 74 relating to the prohibition against female genital mutilation, sections 1 and 2. Remarks on sanctions for contraventions of these penal provisions shall be stated in ordinary certificates of good conduct issued by the police in accordance with section 40 of the Police Databases Act.

Individuals who have been convicted of, or who have accepted a penalty charge notice for sexual offences against minors shall not be employed or undergo practical training in schools or programmes as mentioned in the first paragraph.

If the certificate of good conduct issued by the police includes information on pending proceedings or criminal offences other than those specified in the fifth paragraph, an individual assessment shall be made to determine whether the person should be appointed, undergo practical training, or perform tasks in schools or programmes as referred to in the first paragraph.

The Ministry issues regulations on certificates of good conduct issued by the police, and which offences are to be covered by the fifth paragraph. The Ministry may also issue regulations on obtaining and processing certificates of good conduct issued by the police.

Section 17-12.Educational expertise and quality development

There shall be educational expertise in the municipal and county administration.

The municipality and the county authority shall endeavour to maintain and improve the quality of primary, lower secondary and upper secondary education.

The municipality and the county authority shall ensure that the schools regularly assess the extent to which the organisation, adaptation and implementation of the instruction contribute to achieving the objectives set out pursuant to sections 1-4, first and second paragraphs and 1-5, second and third paragraphs.

The municipal and county councils shall receive information at least once a year about the learning environment, learning outcomes and pupil performance.

Section 18-1.The purpose of education and training for adults

The purpose of education set out in section 1-3 and the overriding goals and principles of education and training under section 1-4 apply to adult education insofar as they are applicable. The education and training shall build on the participants’ pre-existing qualifications and shall be provided such that the participants may achieve relevant qualifications for work or continuing education as quickly as possible.

Section 18-2.Right to preparatory education for adults

Individuals who need preparatory education in subjects or in basic skills but who are no longer entitled to primary and lower secondary education under section 2-1 are entitled to preparatory education for adults.

Among other things, applicants are entitled to preparatory education if they have not previously received a satisfactory education, if they require education in subjects or basic skills that were not part of the curriculum when they received primary and lower secondary education, and if they require new education due to injury or illness. When assessing whether an applicant requires preparatory education, the applicant’s own views shall be given due weight.

Individuals who are entitled to upper secondary education and training under chapter 5 are not entitled to preparatory education under this section.

Section 18-3.Right to upper secondary education and training for adults

Individuals who have completed primary and lower secondary or equivalent education, but do not have university and college admissions certification or vocational qualifications from upper secondary education and training, are entitled to upper secondary education and training for adults from the school year beginning in the year they turn 19 years of age. This also applies to individuals who have completed upper secondary education and training in another country, but have not had their education and training recognised as a university and college admissions certification or vocational qualifications in Norway.

Individuals entitled to upper secondary education and training for adults shall be admitted to an educational provision that leads to one of the three total competences awarded upon completion of the course they have applied for. The county authority shall ensure that applicants with significant real competence related to a certain vocational qualifications are given the opportunity to formalise such qualifications in the form of a trade or journeyman’s certificate.

If offered by the county authority, individuals who are entitled to upper secondary education and training under this section but who are not entitled to upper secondary education and training under section 5-1, may nevertheless avail themselves of upper secondary education and training under chapter 5. They will then have the same rights and obligations as individuals entitled to upper secondary education and training under section 5-1.

The Ministry may issue regulations on who is entitled to upper secondary education and training for adults and on admission thereto.

Section 18-4.Right to vocational retraining

Individuals who have obtained university and college admissions certification or vocational qualifications are entitled to upper secondary education and training that leads to a new total competence within a vocational education programme.

Section 18-5.Right to upper secondary education and training for adults without entitlement

The county authority may provide upper secondary education and training to those who have used up their right to upper secondary education and training.

The county authority may provide upper secondary education and training to individuals over compulsory school age who have not completed primary and lower secondary or equivalent education.

Individuals who are admitted to upper secondary education and training for adults without entitlement shall have the same rights and obligations as individuals entitled to upper secondary education and training under section 18-3.

Section 18-6.Entitlement to an apprenticeship or other programme in upper secondary education and training for adults

Individuals who have a statutory right to training in accordance with section 18-3, and who meet the conditions for in-service training at a training establishment are entitled to an apprenticeship. If they are not offered an apprenticeship, they are entitled to alternative educational provision that provides the basis for the total competence for which they have been admitted.

When adult participants receive in-service training at a training establishment, chapter 7 shall apply to that part of the training.

Section 18-7.Supplementary education and education and training to achieve Higher Education Entrance Qualification

Individuals who have completed vocational education and training are entitled to supplementary education to achieve Higher Education Entrance Qualification from the school year beginning in the year in which the individual turns 19 years of age.

Individuals who have achieved vocational qualifications without having passed the common core subjects in secondary education and training that are normally included in the course of the education are not entitled to supplementary education, but are entitled to upper secondary education and training under section 18-3 to achieve Higher Education Entrance Qualification. This applies irrespective of the lower age limit of section 18-3, first paragraph.

Section 18-8.Assessment of real competence

Individuals with a right to adult education are entitled to have their real competence assessed and documented.

Individuals who are not entitled to adult education are entitled to have their real competence assessed and documented if recommended by the municipality or the Labour and Welfare Administration.

The Ministry may issue regulations on assessments of real competence, on appeals against assessments of real competence and on documentation.

Section 18-9.Education and training for adults free of charge

The rules of sections 2-5 and 5-8 on education and training free of charge also apply to preparatory education and upper secondary education and training for adults.

Section 18-10.Right to education and training for adults without a residence permit

Legal residence in Norway is a condition for the right to preparatory education. Individuals who are over the compulsory school age and who are lawfully staying in the country while awaiting a decision on their application for a residence permit have a right to preparatory education until the end of the school year beginning in the year in which they turn 18 years of age. Individuals whose application for a residence permit is rejected are only entitled to preparatory education until the date of the final decision.

Legal residence in Norway is a condition for the applicant’s right to upper secondary education and training. Individuals who are lawfully staying in the country while awaiting a decision on their application for a residence permit do not, however, have a right to upper secondary education and training for adults.

Section 18-11.Compulsory attendance and active participation in adult education

Adult participants in preparatory and upper secondary education and training are required to attend instruction and actively participate.

The municipality and the county authority may grant leave of absence from instruction upon application.

Section 19-1.Content, assessment and documentation in adult education

The education shall be in accordance with the goals and principles of education, cf. section 18-1, cf. section 1-4, first and second paragraphs, of this section. The education shall build on the qualifications of the adult participant.

The Ministry may issue regulations on subject curricula for preparatory and upper secondary education and training for adults.

Adult participants have the right to individual assessment and documentation of their education. The Ministry issues regulations on individual assessment, appeals against assessment and documentation.

Section 19-2.Organisation of adult education

Preparatory and upper secondary education and training for adults shall be organised as a special programme for adults.

The educational provision shall be adapted to the life situations of the participants. The education may be provided as distance education.

The municipality and county authority may use other legal entities, such as adult education associations, to provide adult education. However, the municipality and county authority may not delegate to other legal entities the task of documenting the education under section 19-1.

Section 19-3.Bokmål and Nynorsk in adult education

Participants in adult education choose whether to use Bokmål or Nynorsk as their first-choice form of Norwegian in written work.

Section 19-4.Right to instruction in and through the medium of Sámi for adult participants

Sámi participants in preparatory and upper secondary education and training are entitled to instruction in Sámi. Sámi participants in preparatory education for adults living in language development municipalities or language vitalisation municipalities under section 3-1 of the Sámi Act are entitled to education in the Sámi when this is necessary in order to derive benefit from the education.

Section 19-5.Differentiated instruction and individual adaptation for adult participants

The requirement of section 11-1 on differentiated instruction applies to preparatory and upper secondary education and training for adults.

Participants in preparatory education are entitled to individual adaptation in accordance with sections 11-4 to 11-6. Sections 11-7 through 11-11 and section 11-13 applies to this adaptation.

Participants in upper secondary education and training with disabilities or special needs are entitled to appropriate individual adaptations of the learning environment, instruction, learning materials and examinations, in order to ensure equal access to education.

The right under the third paragraph does not apply to adaptations that involve a disproportionate burden for the county authority. When the county authority assesses whether an adaptation involves a disproportionate burden, the county authority shall place particular emphasis on the effect the adaptation has on reducing the barriers for participants with disabilities and special needs, the necessary costs of the adaptation and the resources available to the county authority.

Section 19-6.Education to develop or maintain basic skills in preparatory education for adults

Participants in preparatory education for adults who have special needs for education in order to develop or maintain basic skills are entitled to such education. Sections 11-4 to 11-11 and section 11-13 apply to such education.

Section 19-7.Augmentative and alternative communication (AAC) in adult education

Participants in adult education with impairments in the production of spoken language, whether partial or complete, and who require augmentative and alternative communication, shall be permitted to use their own methods of communication and any necessary communication aids in their education and training.

Such participants are also entitled to the training required to be able to use augmentative and alternative communication. Such training may form part of the individually adapted education and training pursuant to section 19-5 and 19-6.

Section 19-8.Specialised language instruction for adult participants

Participants in preparatory education for adults are entitled to specialised language instruction pursuant to section 3-6.

Participants in upper secondary education and training for adults are entitled to intensive Norwegian language instruction pursuant to section 6-5, first paragraph, first sentence.

Section 19-9.Instruction in and through the medium of Norwegian Sign Language for adult participants

Participants with hearing impairments in preparatory and upper secondary education and training are entitled to instruction in Norwegian Sign Language. Participants are entitled to instruction using sign language interpreters or instruction in Norwegian sign language.

Section 19-10.Instruction in braille for adult participants

Participants in preparatory and upper secondary education and training are entitled to instruction in braille pursuant to sections 3-5 and 6-4. They are also entitled to mobility training pursuant to section 11-5, second paragraph.

Section 19-11.Planning and development of the upper secondary educational provision for adults

The rules of section 5-3 regarding the planning and development of the upper secondary educational provisions apply to the upper secondary educational provision for adult participants.

Section 19-12.Education and career counselling in adult education

Municipalities and county authorities shall ensure that participants in preparatory and upper secondary education and training for adults receive the necessary education and career counselling.

Section 19-13.Qualification requirements in adult education

The rules of sections 17-3, 17-4 and 17-5 on qualification requirements for teachers and the qualification principle apply to preparatory and upper secondary education and training for adults.

The first paragraph does not apply to education and training under section 19-6. However, education and training shall take place under professional and educational guidance.

The Ministry may issue regulations on qualification requirements for individuals who are to provide intensive Norwegian language instruction.

Section 19-14.Certificates of good conduct issued by the police and prohibition against appointment in preparatory education for adults

The rules of section 17-11 regarding a certificate of good conduct issued by the police and prohibition against appointment also apply to preparatory education for adults.

Section 20-1.Right to participation for adult participants

Participants in preparatory and upper secondary education and training for adults have the right to participate in all matters concerning them under this Act, and have the right to freely express their views. Such participants shall be heard and their views shall be given due weight.

Section 20-2.Requirements for the learning environment in adult education

The municipality and county authority shall work continuously to ensure that all participants enjoy a safe and good learning environment.

Participants in adult education shall not be subjected to abusive behaviour. All personnel in preparatory education and upper secondary education and training for adults shall, where possible, intervene if a participant is subjected to abuse.

Section 20-3.School rules for adult education

The municipality and county authority may issue regulations on local rules for adult education, including rules on order and conduct (school rules).

In such school rules, the municipality and county authority may specify the measures that may be applied in response to breaches of the rules by participants, and the procedures for handling such cases.

Section 20-4.Exclusion of adult participants

The municipality and county authority may stipulate in regulations pursuant to section 20-3 that participants in adult education may be excluded from instruction following multiple or serious breaches of the rules of the regulations, with the limitations that follow from this section.

A participant may not be excluded if less invasive measures would suffice.

Participants may be excluded from the remainder of the course or module to which they are admitted if the offences are particularly serious.

The municipality or county authority may not delegate the authority to decide on the exclusion of a participant from the remainder of a course or module to any body at the place of education.

Section 21-1.Transport to and from the education and training site for participants in adult education

Participants in preparatory education for adults are entitled to transport free of charge if they live more than four kilometres from the place of education.

Participants in preparatory education for adults who require transport due to disability, injury or illness are entitled to transport free of charge to and from the place of education.

Participants in upper secondary education and training for adults are entitled to transport in accordance with the rules stipulated in section 9-1 for the school year beginning in the year they turn 24 years of age.

Section 21-2.Travel escort and supervision of participants in preparatory education for adults

Participants in preparatory education for adults who receive transport to and from the place of education are entitled to a travel escort and supervision during the waiting period before and after school hours if they cannot remain unaccompanied due to a disability.

Section 21-3.Limitation of the right to transport and the right to accommodation in preparatory education for adults

The right to transport under section 21-1 does not apply if daily transport is not justifiable.

When the county authority assesses whether daily transport is appropriate, particular emphasis shall be placed on the participant’s age, functional ability, and the length and safety of the journey to school. Costs or burdens for the county authority may only be emphasised where they are exceptional.

Participants in preparatory education for adults who are not entitled to transport because daily transport is not appropriate are entitled to accommodation.

The municipality shall supervise accommodated adult participants if needed.

Section 22-1.Eligibility to operate private schools pursuant to statute

Private actors may only operate schools under this Act with the approval of the Ministry. The Ministry shall approve private primary and lower secondary schools if they meet the requirements set out in section 22-2. The Ministry may issue regulations on procedural rules for the approval of private primary and lower secondary schools in accordance with section 27 of the Service Act. Anyone who operates a primary or lower secondary school without approval may be liable to a fine.

The Ministry may approve private upper secondary schools where their operation is governed by an intergovernmental agreement. In connection with such approval, the Ministry may grant exemptions from the requirements set out in, or issued pursuant to, this Act.

Approval under the first and second paragraphs shall lapse if the school does not commence activities under this Act within three school years from the date of approval. The same applies if operations under this Act are discontinued. The school shall notify the Ministry when operations under this Act are discontinued.

Section 22-2.Responsibilities of private primary and lower secondary schools

The following provisions apply to private primary and lower secondary schools:

Section 25-1 of the Local Government Act on internal control also applies to private primary and lower secondary schools.

Where the law assigns responsibilities, tasks or duties to the municipality, the responsibility for a private school lies with the school's governing body.

The home municipality shall ensure that the pupils have the same access to the educational and psychological counselling service as public school pupils.

Section 22-3.Exemptions from certain requirements for foreign and international primary and lower secondary schools

The Ministry may grant exemptions from the requirements of section 22-2, first paragraph, for foreign and international primary and lower secondary schools, provided such exemptions do not infringe upon the fundamental rights of the pupils.

Section 22-4.Duty of confidentiality in private schools

Sections 13 to 13 e and 13 g of the Public Administration Act on the duty of confidentiality applies to private schools approved pursuant to section 22-1.

Section 22-5.Private tuition at home at the primary and lower secondary levels

Parents are obliged to notify the municipality if they intend to provide their children with private tuition at home at the primary and lower secondary levels.

Private tuition at home at the primary and lower secondary levels shall meet the requirements for the purpose of education of section 1-3, the requirements of section 1-4, second paragraph, that the education shall be in accordance with subject curricula and section 1-6, first paragraph, on the distribution of subjects and teaching hours per subject, the prohibition against proselytising in section 14-5 and the requirements of section 14-7 for how the instruction on the subjects of Christianity, religion, worldviews and ethics shall be organised.

The municipality shall carry out supervision to ensure that private tuition at the primary and lower secondary level provided at home meets the requirements of the second paragraph. When the municipality is notified that a child is to receive such private tuition, the municipality shall ensure supervision within three months after the private tuition has been initiated. The municipality may require children who receive private tuition at home at the primary and lower secondary level to undergo tests to demonstrate whether the private tuition meets the requirements of the second paragraph.

If the private tuition does not meet the requirements of the second paragraph, the child shall attend school.

Section 22-6.Government supervision of private schools

The Ministry supervises private schools, cf. section 29-2, second paragraph. The rules stipulated in sections 30-3 and 30-4 of the Local Government Act apply to supervisory activities.

Section 23-1.External candidates

An individual who has registered to sit for an examination without having participated in instruction in the subject shall be referred to as an ‘external candidate’. In primary and lower secondary schools, only individuals who would be entitled to education and training for adults under the rules of chapter 18 may sit for an examination as an external candidate.

Section 23-2.Candidates for experience-based trade certification

Individuals who have undergone general learning in a recognised trade with a duration that is 25 per cent longer than the stipulated course of training for the trade may register for a trade or journeyman’s examination as a candidate for experience-based trade certification, without prior education and training in a school or workplace. The county authority decides whether the practice shall be approved and may in special circumstances approve shorter practice.

Section 23-3.Recognition of foreign vocational education and training

Those with foreign vocational or professional training can apply to the Ministry to have their training recognised. The Ministry shall recognise vocational education and training of a corresponding level and scope to Norwegian upper secondary education and training, and that includes many of the essential elements of the relevant subject. Recognised education and training is considered equivalent to a Norwegian trade or journeyman’s certificate or a certificate of upper secondary education.

The Ministry may issue regulations on conditions for recognition, administrative procedure, appeals and the appointment of a board of appeals.

Section 23-4.Processing of an application for recognition of foreign vocational education and training

When assessing applications for recognition of foreign vocational education and training pursuant to section 23-3, personal data may be processed in accordance with articles 9 and 10 of the General Data Protection Regulation.

Decisions on recognition may be made by way of a fully or partially automated procedure. The applicant may request that the decision be reviewed manually.

National identity number, D number and information stating that a person has been given a recognition decision pursuant to section 15-1 may be shared automatically with a portal for sharing diplomas and documentation of qualifications, cf. section 15-1 of the Universities and University Colleges Act. Decisions may only be shared with the data subject’s consent.

If the individual processing an application for recognition finds that an applicant has submitted false diplomas, other false documents or documents from false institutions, the matter shall be reported to the police.

Section 24-1.Co-operation and co-ordination

Schools, after-school programmes and the educational and psychological counselling service shall co-operate with other service providers where such co-operation is necessary to provide the pupil with a comprehensive and co-ordinated range of services. Where the pupil has an individual plan in accordance with other acts and regulations, the school, after-school programmes and the educational and psychological counselling service shall participate in co-operation on the preparation and follow-up of measures and objectives in the individual plan.

The municipality shall co-ordinate the services provided under the first paragraph. If necessary, the municipality shall decide which municipal service provider shall be responsible for co-ordination. If a child co-ordinator has been appointed in accordance with section 7-2 a of the Health and Care Services Act, the co-ordinator shall ensure the co-ordination of the services provided.

In addition to following up individual pupils, the school, the after-school programme and the educational-psychological service must co-operate with other service providers so that all service providers can fulfil their duties in accordance with the law and regulations.

Where necessary to complete the tasks according to the first to third paragraphs, the co-operating services may process personal data, including personal data as referred to in articles 9 and 10 of the General Data Protection Regulation.

For the purposes of this Act. ‘service providers’ are defined as municipal, county authority and central government service providers, private service providers that carry out tasks on behalf of such a service provider, kindergartens that receive grants under section 19 of the Kindergarten Act, and schools that receive government grants under section 6-1 of the Independent Schools Act.

The requirements of this section apply correspondingly to co-operation and co-ordination for adult participants entitled to preparatory and upper secondary education and training for adults under chapter 18.

Section 24-2.Information to the municipal health and care services and social services

The municipality and county authority shall ensure that all actors carrying out services or work under this Act are aware of conditions that should lead to measures by the social services or health and care services. The municipality and county authority shall ensure that those who become aware of such circumstances of their own accord provide social services or health care services with all relevant information that they are not obliged to disclose.

Section 24-3.Duty to notify to the Child Welfare Services

Anyone who performs services or work under this Act shall, in their work, be aware of conditions that may lead to measures by the Child Welfare Services.

Anyone who performs services or work under this Act shall, notwithstanding the duty of confidentiality, notify the Child Welfare Services without undue delay:

Anyone who performs services or work under this Act also has a duty to provide information following an order in accordance with section 13-4 of the Child Welfare Act.

Section 24-4.The right to make decisions for the pupil when the Child Welfare Services have taken the pupil into care

Where the Child Welfare Services have taken a pupil into care pursuant to section 5-1 of the Child Welfare Act, the Child Welfare Services are entitled to make decisions on behalf of the pupil. The Child Welfare Services also have the right to make decisions on behalf of the pupil following a decision to prohibit moving the pupil pursuant to section 4-3 of the Child Welfare Act and following a decision to take the pupil into care, pursuant to section 4-2 of the Child Welfare Act.

The pupil’s parents will nevertheless have the right to choose a private school in accordance with section 2-2, consent to exemption from the entire compulsory education in accordance with section 2-2, choose a written language in accordance with section 3-1, request exemption from parts of the education on the grounds of a worldview in accordance with section 14-6, and request instruction in and through the medium of Sámi and in Kven or Finnish in accordance with sections 3-2 and 3-3.

Section 24-5.Autonomy of pupils who have turned 15 years of age

Pupils who have turned 15 years of age may decide on issues related to education, including consent to individually adapted education, notification of exemption from educational activities on grounds of worldview and applications for admission to upper secondary education and training.

Section 25-1.Processing of personal data and exemptions from the duty of confidentiality

Municipalities, county authorities and training establishments may process personal data where necessary to carry out tasks under the Act.

In the event of a change of school, schools may collect the personal data from other schools where necessary in order to fulfil the right to primary and secondary education and the right to documentation of education.

County authorities may collect the personal data from primary and lower secondary schools where necessary in order to fulfil the right to upper secondary education and training, conduct admissions to upper secondary education and training, prevent absence from instruction and follow up individuals in the target group for the follow-up services.

For changes in schools under the second paragraph and transition to upper secondary education and training under the third paragraph, schools may also share personal data in order to facilitate a pupil’s education if authorised by the pupil or their parents.

The processing of personal data pursuant to the first through fourth paragraphs may also include personal data as mentioned in articles 9 and 10 of the General Data Protection Regulation.

The Ministry may issue regulations on the processing of personal data, including on the purpose of the processing, controllership, which personal data may be processed and about whom, the use of automated decisions and the collection, further processing and disclosure of personal data.

Disclosure of personal data pursuant to the second, third and fourth paragraphs may be made notwithstanding the duty of confidentiality.

Section 25-2.The national database for diplomas and other documentation of achieved qualifications from upper secondary education and training

The national database for diplomas and other documentation of achieved qualifications shall facilitate

County authorities and other providers of upper secondary education and training shall submit all diplomas and certificates of competence from upper secondary education and training to the database, notwithstanding any duty of confidentiality. The Ministry may stipulate exceptions to this duty in regulations.

The database may also contain diplomas and other documentation of qualifications from other education and training, to the extent this serves to fulfil one or more of the purposes set out in the first paragraph.

The database may automatically share an individual’s national identity number or D number, along with information on the qualification documentation it contains, with a portal for sharing diplomas and documentation of qualifications, cf. section 15-1 of the Universities and University Colleges Act. Diplomas and documentation of qualifications may only be shared with the consent of the data subject.

The Ministry may issue regulations on the processing of personal data in the database, including on the purpose of the processing, controllership, which personal data may be processed and about whom, and the collection, further processing and disclosure of personal data.

Section 25-3.Obtaining of data from the National Population Register

Public authorities may, notwithstanding any duty of confidentiality, obtain data from the National Population Register where necessary to carry out tasks under this Act. The Ministry may issue regulations on the types of data that may be obtained.

Section 25-4.The duty to participate in evaluations and provide information

The Ministry may issue regulations requiring that those responsible for education, as well as those receiving education, participate in evaluations and provide information about the education, insofar as necessary to evaluate the activities under this Act. The Ministry may furthermore issue regulations stipulating that such work may involve the processing of personal data, as well as the purpose of the processing, what data may be processed and by whom, and access to, further processing and disclosure of personal data. Such processing may also include personal data as referred to in articles 9 and 10 of the General Data Protection Regulations.

Section 26-1.Schools of arts

The municipality must run a school of arts for children and young people, organised in connection with the school and cultural life.

Section 26-2.The purpose of schools of arts

Schools of arts shall facilitate pupils’ participation in various activities where they can learn, experience, create and communicate cultural and artistic expressions, in a safe and good school environment.

Section 27-1.Prohibition against advertising in schools

Municipalities and county authorities shall ensure that pupils are not exposed to advertising that may generate commercial pressure, or that may significantly influence attitudes, behaviour and values, including on school premises, in textbooks and other teaching aids used in the instruction. The Ministry may issue regulations on the types of advertising covered by the prohibition.

Section 27-2.Prohibition against wearing garments that cover the face

Pupils and adult participants may not wear garments that cover all or part of their face during instruction. The same applies where pupils participate in after-school programmes or homework assistance programmes.

School personnel may not wear garments that cover all or part of their face when they are together with pupils or participants. The same applies to personnel in the after-school programmes, homework assistance programmes, school health service or educational and psychological counselling service.

This prohibition does not apply to covering the face for reasons of weather, health or safety, or covering for educational or social purposes.

Section 28-1.The municipality’s legal and financial responsibility

The municipality shall fulfil the right to primary and lower secondary education and preparatory education for adults for those who live in the municipality, apart from those for whom the county authority is responsible under sections 28-3 to 28-6. The municipality is responsible for ensuring compliance with the rules of the Act that impose obligations on the municipality, the school and school employees.

The Ministry may issue regulations or stipulate in an individual decision who is to be regarded as resident in the municipality. The Ministry may issue regulations stating that a municipality shall be financially responsible for primary and lower secondary education for pupils who receive such education outside the municipality.

Section 28-2.The county authority’s legal and financial responsibility

The county authority shall fulfil the right to upper secondary education and training for those who live in the county. The county authority is responsible for ensuring compliance with the rules of the Act that impose obligations on the county authority, the school and school employees.

The county authority shall fulfil the right to primary and lower secondary education, preparatory education for adults and upper secondary education and training in accordance with the rules set out in sections 28-3 to 28-5.

County authorities that have available capacity shall offer upper secondary education and training to applicants from other counties if they are entitled to education and training under section 5-1. The home county shall reimburse the host county for expenses incurred for individuals who are granted a place at a school in a county other than their county of residence.

The Ministry may issue regulations or stipulate in an individual decision who is to be regarded as resident in the county. The Ministry may issue regulations on the reimbursement of the host county's expenses incurred for individuals who are granted a place at a school in a county other than their county of residence.

The Ministry may issue regulations on the financial responsibility of the county authority for subsistence expenses for pupils in upper secondary education and training who are entitled to education in and through the medium of Norwegian Sign Language.

The City of Oslo has the rights and obligations of a county authority under this Act.

Section 28-3.Responsibility for the education and training of individuals residing at child welfare institutions

The county authority shall fulfil the right to primary and lower secondary education, preparatory education for adults and upper secondary education and training for individuals residing at child welfare institutions in the county. This only applies to institutions approved pursuant to section 10-17 of the Child Welfare Act.

The county authority in which a child welfare institution is located is entitled to reimbursement of education expenses from the county authority where the child or young person resided at the time the care order was made. The Ministry may issue regulations on reimbursement rates.

If the education or training is provided at a child welfare institution, the institution shall ensure the necessary local facilities.

Section 28-4.Responsibility for the education of hospitalised patients and the children and siblings of hospitalised patients in healthcare institutions

The county authority shall fulfil the right to primary and lower secondary education, preparatory education for adults and upper secondary education and training for individuals residing at healthcare institutions in the county. The county authority shall also fulfil this right for children and siblings of hospitalised patients in healthcare institutions when the stay at the institution is likely to result in more than 14 days of absence per school year for the child or sibling.

The responsibility of the county authority only covers hospitalised patients who receive specialist health services financed by the central government, as well as children and siblings of hospitalised patients who receive such services.

The county authority where a healthcare institution is located is entitled to reimbursement of education expenses from the county authority where the patient, child, or sibling of the patient resided at the time of admission to the institution. The right to reimbursement only applies to admission to institutions that offer interdisciplinary specialised treatment for substance abuse, and admission to mental health services. The Ministry may issue regulations on reimbursement rates.

If the education or training is provided at a healthcare institution, the institution shall ensure the necessary local facilities.

Section 28-5.Responsibility for the education of prison inmates

The county authority shall fulfil the right to primary and lower secondary education, preparatory education for adults and upper secondary education and training for prison inmates in the county.

If education is not provided at a school, the Norwegian Correctional Service shall ensure the necessary facilities.

Section 28-6.Exceptions to the main rules regarding the educational responsibilities of the municipality and county authority

In special circumstances, the Ministry may authorise a county authority to provide primary and lower secondary education and preparatory education training for adults, and a municipality to provide upper secondary education.

In special circumstances, the Ministry may authorise a county authority to provide upper secondary education and training abroad if the purpose of the education is Norwegian university and college admissions certification or vocational qualifications. This Act applies to such education and training. Insofar as it is appropriate and necessary, the Ministry may nevertheless grant exceptions to the provisions of this Act and to regulations issued pursuant to it. The Ministry may change the conditions for the authorisation when circumstances so warrant, and may revoke the authorisation if necessary.

In special circumstances, the central government may provide primary and lower secondary education, preparatory education for adults and upper secondary education and training. The Ministry may issue regulations on exemptions from the rules of the Act and regulations issued pursuant to the Act when the central government provides primary and lower secondary education, preparatory education for adults and upper secondary education and training.

Section 28-7.Responsibility for transport, travel escort, supervision and accommodations

The county council shall fulfil the right to transport for pupils in primary and secondary schools and for participants in preparatory education and upper secondary education and training for adults. However, it is the municipality that shall fulfil the right to transport for primary and lower secondary school pupils who have a particularly hazardous or difficult journey to school.

The county authority shall fulfil the right to travel escorts and supervision for pupils in upper secondary education and training. The municipality shall fulfil the right to travel escorts, supervision and accommodation for primary and lower school pupils and participants in preparatory education for adults.

When the county authority provides transport for pupils in primary and lower secondary school and participants in preparatory education for adults, the municipality shall cover the expenses corresponding to the individual fare for single journeys on the route in question.

The county authority shall organise school transport in consultation with the municipality. If they are not in agreement, the county governor may issue orders on how school transport is to be organised and financed.

The municipality is responsible for the accommodation of pupils in primary and lower secondary schools pursuant to section 4-3. The county authority is responsible for assisting pupils in upper secondary education and training in obtaining accommodation under section 9-3.

The Ministry may issue regulations on

Section 28-8.Accident insurance

The municipality and county authority shall provide accident insurance for pupils and adult participants. The county authority shall also provide accident insurance for individuals undergoing in-service training at a training establishment where occupational injury insurance does not apply.

The obligation to provide accident insurance does not apply to the homework assistance programme, the after-school programme or schools of arts.

The Ministry may issue regulations on accident insurance.

Section 28-9.Career counselling

The county authority shall offer career counselling free of charge for individuals who are registered as resident in the county. The county authority shall co-operate with the Labour and Welfare Administration on such a service.

The Ministry may issue regulations on the content and scope of career counselling and on how the service is to be organised.

Section 29-1.Appeal body for individual decisions

The Ministry is the appeal body for individual decisions under the Education Act.

For individual decisions that do not concern education or school transport, travel escorts and supervision in connection with transport, the rules on appellate instance of section 28 of the Public Administration Act shall nevertheless apply. In upper secondary education and training, the rules on appellate instance of section 28 of the Public Administration Act also apply to decisions on the admission of guest pupils and decisions on the education programme, programme area and school to which an applicant shall be admitted.

The Ministry issues regulations on which body shall serve as the appeal body for individual decisions on individual assessment.

Section 29-2.Supervision by the central government

Through the supervision of the municipalities and county authorities, the county governor may ensure that they fulfil their duties under sections 1-4 through 1-6, sections 2-1 through 2-6, chapters 3 through 4, section 5-1, sections 5-3 through 5-9, chapter 6, sections 7-1 through 7-9, section 8-2, chapter 9, sections 10-1 through 10-8, sections 11-1 through 11-13, sections12-2 through 12-5, section 12-7, chapters 13 through 16, sections 17-1 through 17-11, chapters 18-21, section 22-2, section 22-5, section 23-2, chapters 24 through 25, section 26-1, chapters 27 through 28 and section 29-4 and in regulations issued pursuant to these sections, and the duty to ensure internal control pursuant to section 25-1 of the Local Government Act. The rules stipulated in chapter 30 of the Local Government Act apply to supervisory activities.

The Ministry may supervise duties other than those imposed on municipalities and county authorities in the Act and in regulations issued pursuant to the Act. The rules stipulated in sections 30-3 and 30-4 of the Local Government Act apply to supervisory activities.

Section 29-3.Trial activities

Upon application from the municipality or county authority, or on its own initiative, the Ministry may grant time-limited exemptions from the Act or rules issued pursuant to the Act if this is necessary to carry out educational or organisational trials. Such trials shall be ethically sound, with a sound professional basis, and must not infringe upon the fundamental rights of the pupils under the Act. Such trials shall be evaluated and reported.

Section 29-4.Fulfilment of an individual decision that has been declared invalid

A municipality or county authority shall fulfil a decision from a government administrative body that entitles a party to services under this Act, even if the municipality or county authority has declared the decision invalid through legal action under section 1-4 a of the Dispute Act. Such a decision may only be reversed to the detriment of the private party in accordance with the rules of section 35, first paragraph, subparagraph c, of the Public Administration Act if the decision is invalid because the private party or someone who has acted on behalf of the private party has wilfully or with gross negligence provided incorrect information or withheld information.

Section 30-1.Implementation and repeal

This Act applies from the date determined by the King. At the same time, the Act of 17 July 1998 No. 61 relating to Primary and Secondary Education and Training is repealed. The King may implement different chapters or rules in the Act at different times.

Section 30-2.Transitional rules

Regulations and individual decisions issued pursuant to rules that are repealed or amended by this Act remain in force until otherwise determined by the King. The King may issue regulations with transitional rules for adaptation to this Act.

Personnel in primary and lower secondary schools who were employed in an irrevocable position on 1 August 1999 may not be terminated, and the Act of 13 June 1969 No. 24 relating to Primary and Secondary Education and Training, section 24 subsection 1, second paragraph, and subsection 2 applies to them.

Section 30-3.Amendments to other acts

From the date the Act enters into force, the following amendments shall be made to other acts: – – –