Response from Udir regarding interpretation of education in upper secondary school

Løvemammaene asked the Norwegian Directorate of Education (Udir) for clarification because we see a practice after the new Education Act came into force on 01.08.24 that weakens the right to education for students with complex needs. We have received several inquiries from members, where the county municipality and upper secondary schools push the student into health and care services and the student receives fewer hours of education than other students. This is based on a narrower interpretation by upper secondary schools of what is included in education and what is health and care services.

Løvemammaene believe that such an interpretation of the Education Act contradicts the intention of the Act and could lead to students losing both the right to education and the opportunity for equal participation. In order to prevent a development that violates the Education Act, the Convention on the Rights of the Child and the CRPD, we have asked the Directorate of Education to clarify the intention of the new Education Act.
The Directorate of Education is clear in its response that the rules on adapted education and individual adaptation are mainly continued from previous legislation, and that the boundary between education and health and care services is unchanged. They emphasize that the county municipality is responsible for fulfilling the right to upper secondary education, and that students with a decision on adaptation should have the same total number of hours and rights as other students.

You can read our request to the Norwegian Directorate of Education. here

Read the full response from Udir below