Rana municipality denies that they have broken the Education Act. – A lawsuit is brought against the state. We are currently working on preparing the documents. The municipality’s lawyer, Frode Lauareid, tells news. Thus, the inflamed school environment case in Rana takes a new turn. Last week, the municipality received a NOK 100,000 fine from the police in the same complex of cases. – Even though the police see that the school has taken measures to meet the activity obligation, the conclusion is that not enough has been done to investigate the case, or provide measures that ensured the two students a safe and good school environment, said police attorney Vegard Rosenvinge Lauvdahl to news then . It was in September 2019 that the case was reported to the police. The parents of two students were behind the report. They believed that both the headmaster and the municipality had broken the Education Act. At this point, the State Administrator had already been involved in the case. Later, the State Administrator also gave the municipality NOK 453,000 in compulsory fines for what they believe is a breach of the Education Act. The municipality refuses to pay. – The municipality believes that it has acted within the framework of the Education Act. Then there is no basis for either fines or fines, says Lauareid to news. Complex case It has been several years since the municipality first received the demand for a compulsory fine. The documents in the case are very numerous and extensive. And this is the reason why it has taken a long time for the municipality to decide whether they want to go to court. – It is a complex case with a great many documents. I have needed to go through everything, and see the documents in a context, Lauareid explains. news has not been able to get a comment from the director of education at the State Administrator in Nordland, Guri Adelsten Iversen. – When the State Administrator imposes a compulsory fine, it is a signal that this is a very serious matter, she has previously told news. – We have gone through the case on many occasions, read through piles of documents, and believe the legal basis we have used is correct. We are sure that it is right to give this compulsory fine, she said. – Does not have the necessary competence In one of the decisions from the State Administrator it is stated: “The school does not have the necessary competence, and helps to put the student in situations that may lead to him acting out. Then the school reacts by punishing the student for a situation they have provoked.” And it goes on to say: “It is highly objectionable, as the consequences for the student are very serious”, the decision states. What will the school do? (activity obligation) All pupils have the right to a safe and good school environment that promotes health, well-being and learning. In order to ensure the students this right, the school has an activity obligation according to the Education Act, ยง 9 A-4. The purpose of the activity duty is to ensure that schools act quickly and correctly when a pupil is not feeling safe and well at school. The school’s activity obligation is divided into five sub-obligations. Everyone who works at the school has a duty to monitor, intervene and notify if they suspect or become aware that a pupil does not have a safe and good school environment. The school has a duty to investigate and implement suitable measures to ensure that the pupil has a safe and good school environment. The activity obligation also means that the school must ensure the pupils’ participation. This is done by ensuring that the students involved are heard and that the child’s best interests must be a fundamental consideration in the school’s work. The school must take the child’s best interests into account in all assessments and actions in order to fulfill the activity obligation. (source: Directorate of Education)
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Rana municipality refuses to pay money claims – sues the state – news Nordland
