“Norwegian schools must be a place where children and young people can develop in a safe community. Classroom teachers need to be sure what they can do when situations arise where students are at risk of harming themselves or others, says Education Minister Tonje Brenna.

The current Education Act does not contain any regulations regarding when a staff member can physically intervene, even if there are cases where school staff use physical force. This has created uncertainty and there have been several calls for regulation of the issue. Therefore, the Ministry of National Education proposes new provisions in the Act on the Education System and the Act on Non-Public Schools.

“We are proposing legislation that allows school staff to physically intervene with students to prevent personal injury or significant property damage,” says Brenna.

In addition, provisions are proposed for prevention and documentation, and reporting obligations if physical intervention is required.

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It will strengthen the legal security of employees and students

The rules state that if you intervene physically, it must be appropriate to prevent or limit the harm. Additionally, the way you intervene must be as short-lived and gentle as possible. For example, a teacher may stop students from breaking up a fight, but the grip should not be stronger or last longer than necessary to prevent injury. Any form of physical violence against children that is punishable is punishable.

Clearer rules alone will not solve the problem of disruptive behavior in school. But the legislation will be part of the solution as it will bolster legal certainty for students and staff in situations where physical intervention is needed, says Brenna.

Schools must work to prevent situations

Schools already have an obligation to preventively cooperate with the school community. However, since physical intervention against students is invasive, the Ministry of National Education believes that a separate rule should be introduced regarding prevention.

Therefore, the ministry proposes a requirement that the commune and the poviat council should watch over the continuous and systematic work of the school, so that such situations do not take place.

Good prevention requires from the school a good knowledge of students and their experiences from everyday school life.

“Physical intervention should be a last resort, and I don't think any teacher would want to be in that situation. Now the school administrator must work even more systematically on prevention, says Brenna.

There are already several measures that can help schools create a safe and good school environment. The Norwegian Directorate of Education has also been tasked with evaluating what competencies schools need to improve in this area. The pupils' school environment and the team around pupils is also an important part of the work with the government-initiated report to the Storting on Years 5-10.

Documentation important for the legal security of students and employees

The Ministry also proposes that the school documented cases of use of force physical, briefly describing the situation and the student's point of view.

– Documentation is important for the legal security of students and employees. At the same time, the documentation requirements cannot be too time-consuming in practice, says Brenna.

The ministry believes that the records should contain enough information for the principal or chief executive officer, the student's parents, and the municipality or county council to understand what happened and how physical force was used on the student.

In addition, anyone who physically intervenes with a student must report it to the principal. The principal is obliged to inform the student's parents. In the case of recurring or particularly serious situations, the commune or poviat council should be notified.

More tips coming soon

It is not possible to resolve all individual cases in a legal text. The rules must therefore allow for some discretionary assessments. The Ministry must ensure that guidance materials on the regulations and related issues are prepared.

– I am concerned that school principals should have the time and help to work well with their staff to implement this well. In addition, we will look at how the regulations work in practice and we are open to changes over time, says Brenna.

The proposal has already been consulted. If the Physical Strength Regulations are adopted by the Storting, they could come into force simultaneously with the draft of the new Education Act, as planned on 1 August 2024.

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Source: regjeringen

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