by Atle Christiansen

Section 12, formerly known as the 9A section, has strengthened pupils’ rights at school. But teachers lack the expertise and support needed to work with the law in practice.

This emerges in the doctoral thesis of Annette-Pascale Denfeld. She is an educator at the University of Agder (UiA) and has conducted research on the 9A section.

“The debate about the section has been heated. Many believe it contributes to a culture of complaints and grumbling, where pupils are easily offended. But these are complex cases. The main point is that the law is meant to protect pupils who do not feel safe and well at school,” the researcher says.

The legislation to protect pupils’ rights has existed for a long time, but it was tightened in 2017. The law now states that the pupil’s subjective experience forms the basis for the school’s investigations and measures. It is precisely this wording that has been controversial.

“Many have argued that the pupil can say anything, and that the line between ordinary reprimand and harassment becomes unclear. But the law does not say that the pupil is automatically right or that the teacher has done something wrong. The school must take the pupil’s experience as a starting point in order to help the pupil,” Denfeld says.

In connection with the new Education Act in 2024, it was clarified that even though the pupil’s perspective is taken as the basis, the viewpoints of other involved parties must also be included in an overall assessment of possible harassment.

The pupil and parents report a case to the teacher and headteacher. After just one week, they can appeal directly to the County Governor if they disagree with the school’s response.

“Parents gain more influence, and the school’s work is monitored more closely than before. This has probably led schools and teachers to become better at keeping records and writing minutes of various incidents,” the researcher says.

In 90 per cent of complaints cases from 2022, the County Governor concluded that the school had breached the law.

“This shows that the complaints system is being used, and that the legislation protects pupils,” Denfeld says.

From 2024, the County Governor’s role has changed to primarily assessing whether the school has remedied the situation with appropriate measures and whether a written plan for these measures has been drawn up.

In her thesis she also examined how the law affects teachers in their daily work. Does it help them organise the school day better for all pupils? Or does it make them afraid of making mistakes and therefore unable to act?

The main finding is clear: the external framework is in place — legislation, monitoring of incidents and complaints, documentation requirements, and the obligation to implement measures.

But these conditions may come at the expense of the school’s professional judgement.

“It is not as well ensured that knowledge of these frameworks and the legislation is communicated to teachers,” she says.

Denfeld asked 150 teachers about their knowledge and sense of mastery when dealing with the law. The responses were varied: some felt the law had neither a positive nor negative effect, others that it had improved the school environment. A third group believed it had little effect.

“If the teacher does not find the law meaningful, that affects what the teacher does,” she says.

What surprised the researcher most was that as many as 20 per cent of teachers were uncertain about their own knowledge of the law’s content, despite the extensive media coverage.

“Teachers are afraid of making mistakes. There is a gap between the teaching profession and the legislation, and the public debate focuses on pupils’ rights. There has been little debate about professional judgement and the teacher’s role,” Denfeld says.

The researcher emphasises that Section 12 is first and foremost for the pupil. She says, however, that more dialogue is needed between authorities and teachers.

“Today, the emphasis is on the school complying with the law and carrying out the measures they are obliged to implement. Too little attention is given to the fact that it is demanding and resource-intensive to provide teachers with knowledge of the legislation. Teachers need knowledge both of the law itself and of how they can work to create a safe environment for all pupils,” she says.

Denfeld points out that legislation alone does not change practice in schools. The tightened legislation has, for example, not led to less bullying.

“Bullying is complex, and working on the social environment in school and classroom requires both time and expertise. Section 12 has strengthened pupils’ rights and created awareness that a safe environment is important,” she says.

She believes that administration can easily become the main focus in schools when so much emphasis is placed on documentation and regulations.

“Pedagogical development and work with subjects and the school environment must be what stands at the centre,” Denfeld says.