Curriculums

Supporting Materials

Search

Curriculum icon
Elementary school

Foreword

General section

Field of study

Home

Elementary school

Exemptions from the main curriculum
Chapter 16

Exemptions from the main curriculum

Children’s education is their key to their future. All children have the right to education and must be guaranteed equal opportunities for education and that the school community as a whole works systematically to ensure that children enjoy a successful education. Children’s right to education is guaranteed, among other things, in the Compulsory Education Act and the United Nations Convention on the Rights of the Child, cf. Act No. 19/2013 (hereinafter the Convention on the Rights of the Child). In all administrative activities, including the implementation of school activities, children’s rights must be respected.

Municipalities are responsible for the operation and professional work of compulsory schools. This applies whether municipalities run compulsory schools on their own, enter into agreements with private parties for the operation of schools, or in some other way. The Ministry of Education and Children’s Affairs has overall management of compulsory school matters vis-à-vis municipalities, in addition to the Minister having the power to adjudicate disputes as provided for in the Compulsory Schools Act, including decisions related to exemptions from the National Curriculum Guide.

A child’s compulsory education in primary school generally begins in the calendar year in which they turn six. Compulsory education can be fulfilled in primary schools run by municipalities, in independently run primary schools or in other recognized ways according to the Primary School Act, for example by studying in an international school, a development school or through homeschooling.

A municipality is obliged to ensure that all children of school age enjoy schooling in accordance with the law and international obligations. This obligation applies to children who are legally domiciled in the municipality and children who have been placed in foster care with foster parents who are legally domiciled in the municipality. If there is no decision by an administrative authority on a child’s legal domicile, the local government shall determine the child’s compulsory schooling, provided that the child lives in the municipality and has been sought to be enrolled in school. Furthermore, the Directorate of Labour and municipalities shall ensure the education of children who apply for international protection. The local government in a municipality where a child is legally domiciled may agree with another municipality to provide the child with schooling so that the receiving municipality has the same obligations towards the child’s schooling as if the child were legally domiciled there. If such an agreement has been made, the receiving municipality has the aforementioned obligation towards the child.

The Compulsory Education Act therefore clarifies the responsibility of each municipality when it comes to the education of all children. The rules of the Compulsory Education Act must always be interpreted in such a way as to ensure that the responsibility for children’s rights to education is not waived. Obligations under the Compulsory Education Act do not, however, extend to children of compulsory school age who move from the country, but the country to which the child moves is responsible for the education of the children in accordance with the applicable laws in that country. When it comes to other ways of fulfilling compulsory schooling than in municipally run compulsory schools, special attention must be paid to the welfare, safety, facilities and rights of the children in question, even though they do not attend school according to traditional routes.

According to the Child Protection Act, anyone who, by virtue of their position or work, is involved in children’s affairs and becomes aware of circumstances where they have reason to believe that a child is living in unacceptable upbringing conditions, is being subjected to violence or other degrading conduct, or is seriously endangering their health and development, is obliged to report this to the child protection services. A special reporting obligation rests on the staff of educational institutions under the same law, and they are required to monitor the behavior, upbringing and environment of children as much as possible and to alert the child protection services if there is reason to believe that a child’s circumstances are unacceptable.

According to the Act on Compulsory Schools, parents are those who have custody of a child within the meaning of the Children’s Act. Parents look after the interests of their children of compulsory school age and are responsible for their education. They are also responsible for their children’s enrolment in school and attendance at school. School staff are responsible for responding to indications that a child’s needs are not being met satisfactorily in accordance with the Act on the Integration of Services for the Well-being of Children, as well as for guiding the parents and/or child on the integration of services. If there is a failure to attend school, without objective reasons, the principal is obliged to seek solutions and make a decision on improvements, and is also obliged to report the matter to the child protection authorities in accordance with the Child Protection Act.

Parents must support their children in their studies and respect the school obligation to attend school daily without exception, unless there are natural absences such as illness. Parents must also monitor their children’s academic progress in cooperation with them and teachers. Parents must be given the opportunity to participate in their children’s studies, as well as in school activities in general, in consultation with supervising teachers and school administrators. Parents are responsible for their children’s studies, and this obligation also extends to the time they are absent from school. Parents must also protect the interests of their children of compulsory school age and must consult with the school about their children’s schooling. Attending school is both an absolute right and an obligation of children of compulsory school age, and parents’ responsibilities in this regard are clear.

In order to protect children’s right to education and equal opportunities for learning, and to ensure that the best interests of the child are always the guiding principle, the exemption provisions of the Compulsory Education Act from compulsory school attendance must be interpreted narrowly. Furthermore, the exemption provisions must be interpreted in light of the provisions of the Convention on the Rights of the Child, together with other provisions of law that guarantee children’s rights. Schools’ responses to exemptions and deviations from compulsory education must also take into account other rules, such as the Act on the Integration of Services for the Well-being of Children. The Convention on the Rights of the Child stipulates, among other things, that the best interests of the child must always take priority when the government takes measures concerning children, cf. 3. Article 2 of the Convention. In this context, special consideration should be given to Articles 2, 28 and 29 of the Convention on the Rights of the Child, which recognise the right of the child to education and, in order to achieve this right and to ensure equal opportunities for all, States Parties shall, inter alia, make primary education compulsory and free for all and take appropriate measures to promote regular school attendance and to reduce the number of pupils who drop out of school. Education should also encourage children to develop their identity, talents and abilities. Through education, children should acquire increased knowledge of their own rights and responsibilities and those of others, as well as a growing sensitivity and understanding of culture and diversity.

16.1

Exemptions and deviations from compulsory education

The general principle is that children of compulsory school age are required to attend primary school. There must be compelling reasons for granting an exemption from compulsory schooling, as any exemptions from the general principle should be interpreted narrowly.

Parents who are legally domiciled in Iceland but are staying in another country for a long time must obtain an exemption from school attendance for their child from the relevant school in accordance with the general views on exemptions from school attendance in these circumstances. If it is possible to register a child who is legally domiciled in Iceland in a school in another country, the parents are responsible for such registration and for informing the school where the child is legally domiciled about it.

The Compulsory Education Act contains provisions that allow exemptions from compulsory school attendance and the requirements of the National Curriculum Guide. Thus, the principal is authorized to grant exemptions from school attendance, on the one hand, after receiving a recommendation from the school services, and from compulsory education, on the other hand. According to the Compulsory Education Act, exemption from school attendance includes accelerating or delaying the start of school in order to create a certain flexibility in these matters within the compulsory school. The principal of a compulsory school may authorize a child to start school a year earlier or later, depending on an agreement reached between the parents and the school. This is based on the assessment of experts, teachers and school administrators with the best interests of the child as a guiding principle. The initiative for such a measure lies with the parents in consultation with the school, which must seek advice from the municipal school services when such cases are assessed. Students must complete all compulsory school studies according to the National Curriculum Guide before they graduate from compulsory school in less than ten years or complete studies in individual fields of study. Despite the possibility of completing compulsory school in less than ten years, compulsory schools must offer these students the opportunity to deepen their skills in the compulsory school fields of study or a variety of choices in other subjects for ten years.

Here we will discuss five different reasons for exemptions and deviations from compulsory education, i.e. exemption from compulsory education in a specific subject, recognition of studies outside of compulsory school, remedial education, exemption from school attendance, and unexplained absences and school avoidance.

16.2

Other ways to fulfill compulsory education

The Compulsory Education Act stipulates the manner in which compulsory education can be fulfilled in compulsory schools. The main rule is that children attend a public compulsory school, which is then either run by a municipality or other operators, cf. Article 43 of the Compulsory Education Act. An exception to this is when children attend a development school, cf. Article 44, an international school, cf. Article 46, paragraph 1, or study at home, cf. Article 46, paragraph 2. Article 26, paragraph 1, also stipulates that part of the study may be distance learning or distributed learning.