Last week, TV 2 wrote about “Petter” who had to sign a contract with Voss Folkehøgskole where he agreed to a urine testr.
He was asked to sign a contract where he had to carry out drug tests and was banned from talking to fellow students about drug-related stories.
Rector of Fana Folkehøgskole, Tore Halti, believes that the agreement “Petter” had to sign is far beyond what is okay to demand of a student. He believes all schools are aware that rust testing is illegal.
– Both the Ministry of Education and the Folkehøgskolerådet have been very clear that this is not a law. This case shows how the folk high schools must proceed in order to end the illegal rust testing of students.
– ILLEGAL CONTRACT: “Petter” had to sign an agreement where he was asked to take urine samples at Voss Folkehøgskole. Photo: Lars Christian Økland / TV 2
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A culture
Halti calls it a culture, and believes that it is first and foremost the rectors who must clean up, as the new rector at Voss Folkehøgskule now does.
– I believe that the power relationship between the school and a student who is in danger of losing their school place is so skewed that it is not possible to look at this as a voluntary consent.
– The student is in such an inferior situation that any consent given in this situation must be regarded as a consent given under pressure, ie not a voluntary consent. Halti also points out that a voluntary consent can be withdrawn at any time, and if the consequence of withdrawing the consent is that you break the agreement with the school which is the basis for the student to have a school place, then it is not a voluntary consent, he says.
The experienced principal says that there are also cases where the students themselves suggest rust testing as a way to cleanse themselves from accusations of drug use.
– If the school does not have a reflected relationship to the imbalance in the power relationship between pupil and school in such a situation, then the schools may think that they operate within the regulations in such situations. Nevertheless, it has long been communicated by the authorities that such a practice is not legal.
No supervision
As early as 1999, a circular was made from the Church, the Ministry of Education and Research to all folk high schools.
– Circular to all folk high schools from 1999
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Here it appears that they already at that time received a number of inquiries from both schools and parents related to the use of urine samples. Because there is no legal basis in the legislation that can support the use of urine samples, all folk high schools are advised against doing so.
It is also encouraged to contact the police if there is an urgent need to investigate students’ person or property.
The police can also not demand a urine sample
In connection with the debate related to the previous government’s proposal for drug reform, Attorney General Jørn Maurud has sent a letter to all the country’s police districts where it is emphasized that the police can not demand urine samples either on suspicion of intoxication:
“Compulsory drug testing in the form of a blood or urine sample shall not be carried out in accordance with the Criminal Procedure Act § 157 to confirm suspicion of drug use alone. »
– CLARKS LEGISLATION: Attorney General Jørn Maurud. Photo: Ørn E. Borgen / NTB scanpix
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Who is really responsible?
When TV 2 investigated who is responsible for supervising folk high schools, the message from the Ministry of Education was that this was under the Directorate of Education.
The Directorate of Education, for its part, claims that they only supervise what is affected by the Education Act. When it comes to the use of illegal urine samples, this responsibility lay with the Norwegian Labor Inspection Authority.
The state administrator also informs TV 2 that it is the Directorate of Education that supervises independent schools, folk high schools and other independent schools that receive state subsidies.
TV 2 has once again asked the Ministry of Education and Research whether the authorities do not want to check that the regulations are followed, or provide sanctions when the rules at folk high schools are broken. TV 2 has also asked whether the offenses are considered so insignificant that they do not prioritize supervision.
– FOUNDING: State Secretary Kristina Torbergsen assumes that folk high schools change practice Photo: Ilja C. Hendel
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State Secretary Kristina Torbergsen at the Ministry of Education and Research does not directly answer our questions, but writes the following by e-mail:
– The rules are completely clear. Folk high schools do not have the legal authority to require students to be rust tested. I assume that the schools have now taken it upon themselves that they are not allowed to demand that students be rust tested, and that the practice is designed accordingly.
Rector Tore Halti at Fana Folkehøgskole wonders how the Ministry of Education can assume that the folk high schools will now change practice when they have not investigated the status?
– For over 20 years, it has been known that schools do not have the opportunity to equip students, but it has still been done. Why is there reason to believe that the schools have now taken it inwards and changed their practice?
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