§9A School Environment (Skolemiljø)

DISCOVERY TAKES CHILD WELFARE VERY SERIOUSLY, AND IT IS OUR NUMBER ONE GOAL TO MAKE SURE THAT A CHILD IS SAFE AT SCHOOL. TEACHERS AND STAFF ARE ALSO PROTECTED UNDER THE LAW.

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The following has been adapted for Discovery from the advice given at UDIR:

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All children, including those at Discovery, have the right to enjoy a safe and sound school environment that promotes health, wellbeing and learning. Your child should not suffer bullying or harassment from other children or teachers. If your child is unhappy, he or she is entitled to get help from the adults at the school.

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Everyone has a role to play in ensuring children enjoy a safe physical and psychosocial environment. School staff, parents and students have a responsibility to notify the school of any concerns through the §9A portal on the school website. School staff are legally responsible for reporting and following up, using any action plans. Parents are responsible for attending meetings and giving feedback to support the school in finding a solution. Students have a responsibility to keep action plans and to inform, using the §9A button, the school of any concerns they have for themselves or their peers.  

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It is the child’s own opinion and feeling about his or her environment that matters.

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Neither the head teacher, other teachers, nor students – know better than your child how he or she feels about school. For instance, the head teacher cannot simply dismiss a case and claim that bullying is generally rare at the school. If your child is feeling bullied in any way, the school must take the situation seriously and act accordingly.

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What does the law say?

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The law concerning school environment and bullying came into force on 1 August 2017. A principle is a zero-tolerance approach to bullying. Students have a right to feel safe and content at school.

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Your child does not have to suffer bullying to get help.

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It is enough reason to seek support if your child is not thriving. He or she may be feeling lonely or apprehensive about going to school. 

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Your child has the right to be heard.

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Every child is entitled to express their views and to be heard. This principle is stated in the UN Convention on the Rights of the Child. Norway has ratified the agreement. To stop bullying and ensure that your child is content and thriving, school staff must first ask the child how he or she feels. Next, the school must ask you, as parents, and your child for your view. 

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The school has a duty to ensure that all pupils feel safe and thrive at school.

 

The school community must be observant and ensure that the pupils are content. If an adult at the school is aware of – or suspects – that your child is bullied or harassed, he or she shall act and:

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• intervene and stop it immediately, if possible

• alert the head teacher

• investigate what has happened

• draw up a plan with concrete measures.

 

The school must follow up on this plan until the child feels safe and content.

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The head teacher ensures that your child receives the appropriate help.

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The head teacher shall take all concerns seriously and must investigate what has happened. The head teacher is responsible for taking steps to bring the bullying and harassment to an end, and to ensure that your child can once again feel safe and happy. The head teacher should keep the parents informed of the action taken. Both you, as a parent, and your child have the right to be heard.

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What if the bullying happens after school is out?

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Incidents that occur among students after school can affect how a child feels at school. If something has happened on the football pitch or online that makes your child feel uncomfortable at school, the school must address the problem – even if the underlying reason is something that has occurred outside of the school grounds. This means that the school may have a responsibility even for bullying that happens after school, e.g. online, on the way to school, or at football practice. What matters is whether the student feels happy when at school. Whatever the underlying reasons, it shall not stop the school from addressing the problem.

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Getting help from the school.

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You are entitled to ask the school to take action.

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As a parent, you may ask the school to take action if you believe your child is unhappy. The school must look into the matter. You can approach the school on your own, with your child, or with other parents.We recommend you raise the issue with the school by email or letter. This means you have proof that you have asked for help.

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• Address the letter or email it to the head teacher.

• Remember that it is not your responsibility to suggest what steps to take. That responsibility rests with the head teacher. However, you and your child may suggest measures you think will help solve the problem.

 

You may ask someone to accompany you to meetings with the school.

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It is common for parents and school staff to meet to discuss measures and solutions. Many parents feel more at ease if they have someone to accompany them, especially if the issue in question has been going on for some time. You may bring a friend, a family member or another person whom you trust. 

 

You may also give someone written authorization to act on your behalf.

 

If you are acting on behalf of your child and your child is 18 or older, he or she must give you written authorisation.

 

Keep any paperwork from meetings and communication with the school. 

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What the school must do.

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The school must investigate the matter as quickly as possible and obtain as much information as it can. Again – you and your child have a right to be heard.

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Before taking action in such cases, the school must always draw up a written plan. The plan should describe:

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• the issue that needs solving

• what the school is planning to do about it

• at what time the measures will be activated

• who is responsible for implementing the measures

• at what time the measures will be evaluated.

 

The school is legally obliged to keep the measures in place until your child once again feels safe and content at school. The child’s own feelings are what matters here. The plan must be documented in writing for you and your child to see how the case progresses.

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May the head teacher (or other responsible party) share the contents of my letter or email with others?

 

The head teacher or other responsible party will often have to talk to other school staff about what you and your child have told them in order to offer help. However, that does not mean that they are free to talk to just anyone about your case. It is quite possible that the head teacher needs to talk to other students involved in the bullying/harassment and to their parents. It is also possible that they may need to talk with professional services or public protection agencies.

 

You may report the problem to the County Governor if your child is still unhappy.

 

In most instances of bullying and harassment, the school will find a good solution together with the pupils and their parents. If the situation does not improve, or if you believe the measures taken are insufficient, you may report the problem to your County Governor.

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When can I report the problem to the County Governor?

 

If you or your child feel that the school has not done enough to stop the bullying, you can report the matter directly to your County Governor. This assumes that:

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• you have first raised the problem with the school’s head teacher

• at least one week has passed since you raised the issue with the school

• the bullying is happening at your child’s current school

 

In exceptional cases, you may still approach the County Governor regardless of the above.

 

How do I approach the County Governor?

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The County Governor’s office has a form that you can use to report the matter.

 

What will the County Governor do?

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The County Governor monitors schools to ensure that they observe the laws and regulations concerning students’ wellbeing. If the County Governor’s office believes that the school has not fulfilled its obligations, it may instruct the school to act to ensure that the student in question can feel safe and happy at school. It may also stipulate concrete measures that the school must take. The best interests of the students are the primary consideration when the County Governor addresses the case.

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The County Governor will set a deadline and ensure that the local authority follows up on the case by that date. If the local authority fails to follow up on the case, it may be issued with a fine.

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The County Governor also gives you advice on your child’s rights.

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What if the County Governor believes that the school has taken appropriate action?

 

If the County Governor believes that the school has done what could reasonably be expected of it and that the school’s plans for additional measures are sufficient, the County Governor will not uphold your claim.

 

Complaining to the Directorate for Education and Training.

 

If you disagree with the County Governor’s decision, you may complain to the Directorate for Education and Training. You must submit your complaint to the County Governor’s office, which will first reassess the case. Next, the County Governor will forward the complaint to the Directorate for Education and Training.

 

The Directorate for Education and Training will review the case, consider your complaint, and decide what happens next.

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Can I take legal action?

There have been cases in recent years where former students have received compensation after taking their local authority to court. You can read more about legal action on the Udir website.

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