Act on the Educational Environment of Pupils and Students
BE IT KNOWN that the Danish Folketing has enacted and We Margrethe the Second, by the Grace of God, Queen of Denmark, have given Our Royal Assent to the following Act:
Part 1 Rights and Obligations
1(1) Pupils, students and other participants in the public and private education shall be entitled to a good educational environment in a way where the education takes place in a safe and sound way. The educational environment at schools and educational institutions (educational establishments) shall improve the participants’ possibilities of development and education and shall thus include the psychological and aesthetic environment of the educational establishments. (2) The relevant authority, board or individual being responsible for the educational establishments shall make sure that the requirements of 1(1) are met. (3) Pupils, students and others shall contribute to and work together with the management on producing and maintaining a good educational environment and contribute to take measures in order to obtain a good educational environment work as intended. (4) Education which is performed as part of the training of the military staff of the Danish Defence in connection with the actual military service including training taking place on board naval vessels and troopships shall be excepted from this Act. Moreover, training within shipping and fishery shall be excepted apart from training in connection with loading and unloading ships, shipyard work on board ships and activities of similar nature.
Part 2 The Danish Centre of Educational Environment
2(1) The Danish Centre of Educational Environment (hereinafter referred to as the Centre) is founded as a governmental institution where the objective is to contribute to ensuring and developing a good educational environment in Denmark. Moreover, the Centre shall provide advice and guidance for pupils and students, including the educational establishments and authorities when it comes to matters of the educational environment. (2) The Centre shall gather and systematise knowledge of rules and practice which may be of importance to the educational environment and place the gathered knowledge at the disposal of the public. (3) The Centre is a forum where a dialogue about and a development of a good educational environment in Denmark shall take place. The Centre may moreover take the initiative to any matters which it finds important when it comes to the educational environment and make statements thereof to the relevant authority. The Centre shall deal with similar questions regarding the safety and health of children in day care offers, cf. the Danish Act on social service. (4) Every year the Centre shall present their report about their work. The report shall include the Centre’s assessment of the development within the area of the educational environment and whether the desirable changes have taken place. The report shall be sent to the ministries of the educational areas which are included in the report . The Centre will at the same time make the report public. 3(1) The Danish Centre of Educational Environment is managed by a board. (2) The Board comprises a chairman and 14 other members who are appointed by the Danish Minister for Education in the following way:
1) Five members who are appointed at the recommendation of organisaitons and associations representing the pupils and students, etc. 2) One member who is appointed at the recommendation of the National Association of Schoolparents (Danish: Skole og Samfund) 3) One member who is appointed at the recommendation of the Danish Teachers’ Council (Danish: Danske
Underviserorganisationers Samråd (DUS)). 4) Seven members who are appointed at the recommendation of organisations and associations, etc. which represent the owners of the educational establishments.
(3) The Board shall be appointed for a period of two years. The Chairman shall, however, be appointed for a period of four years. The members may be re-appointed.
(4) The Danish Minster for Education shall lay down the regulations of the Centre. The Board shall lay down rules of procedure itself.
(5) The Board shall be in charge of the Centre’s management and shall determine the business of the Centre. (6) In compliance with the approval of the Danish Minister for Education, the Board shall appoint and discharge the principal of the Centre. The Board shall also appoint and discharge the personnel of the Centre. The Board may empower the principal to perform the staff appointment and discharge procedures.
Part 3 Participation in the safety work of the educational establishments
4(1) Pupils, students and other participants shall be entitled to elect educational environment representatives to protect their interests as to the management of the educational establishment with regard to the fulfilment of the resolutions in 1(1). The management of the educational establishment shall allow that the pupils, students and others gain a more comprehensive influence on the educational environment of the educational establishment. (2) Pupils and others may choose two representatives for each safety group set up at the educational establishment pursuant to the Danish Act on working environment who will deal with matters of importance to the educational environment. (3) Pupils and others shall handle the election and the nomination of representatives themselves. The Minister for Education may set up detailed rules to this effort and may lay down that the educational environment representatives can be appointed by the pupils’ and students’ council whereever they exist. S. 5. The educational environment representatives participate in the safety and health work of the educational establishment when matters are discussed which are of importance to the pupils’ and students’ educational environment.
Part 4 Assessment of the educational environment
6(1) The management of the educational establishment shall ensure that a written educational environment assessment of the safety and health situation, including matters relating to the physical and aesthetic environment at the educational establishment, is prepared. (2) The assessment of the educational environment shall be available for the pupils, students and other interested parties of the educational establishment. (3) The assessment of the educational environment has to be revised whenever changes which are important to the educational environment occur, however, this shall take place at least every third year. 7(1) The assessment of the educational environment shall as a minimum include the following elements:
1) Mapping out the physical, psychological and aestetic educational environment of the educational establishment, 2) A description and assessment of any problems relating to the educational environment, 3) Preparation of an action plan where it appears in what pace and order the problems must be solved, AND 4) Proposals to guidelines for follow-up of the action plan.
(2) The management of the educational establishment shall implicate the representatives of the educational environment in the planning, preparation, realisation and the follow-up of the educational environment assessment.
Part 5 Commencement, etc.
8 The Act shall come into effect on 1 August 2001. 9 The Act shall not apply the Faroe Islands and Greenland.
Given at Christiansborg Palace, 14 March 2001 Under Our Royal Hand and Seal Margrethe
R. /Margrethe Vestager