Legislation in force Icelandic legislation 1 October 2013 — 142nd edition

Upper Secondary Education Act
2008 No 92 12 June

Date of entry into force: 1 August 2008 Amended by Act No 35/2009 (entry into force 8 April 2009), Act
No 89/2009 (entry into force 20 August 2009), Act No 133/2009 (entry into force 30 December 2009), Act
No 71/2010 (entry into force 25 June 2010), Act No 126/2011 (entry into force 30 September 2011), and Act
No 68/2012 (entry into force 3 July 2012).

Any reference in this Act to “the Minister” or “the Ministry” not accompanied by express
mention of or reference to a specific field of responsibility shall be understood as being areference to the Minister of Education, Science and Culture or to the Ministry of Education,
Science and Culture as responsible for the implementation of this Act.

Section I Scope, role, general administration
Article 1 Scope
This Act applies to schooling at the upper secondary level. Studies at the upper secondary
level are organised as a continuation of compulsory school education. The studies conclude
with a final examination such as the upper secondary school leaving certificate, a professional
qualification examination, the matriculation examination, or any other formal conclusion ofstudies, linked, as the case may be, to specific occupations and granting special rights inrelation thereto.
This Act applies to public upper secondary schools, see further Section II, as well as otherschools at the upper secondary level that have obtained accreditation by the Minister, see
further Section III.
Article 2 RoleThe role of upper secondary schools is to promote the all-round development of all students
and their active participation in democratic society by offering studies suiting the needs ofeach student.
Upper secondary schools shall prepare students for participation in working life and further
studies. They shall strive to develop their students’ proficiency in the Icelandic language, bothspoken and written, reinforce their moral values, sense of responsibility, broadmindedness,initiative, self-confidence and tolerance, train them to apply disciplined, independent working
methods and critical thinking, teach them to appreciate culture and encourage them to seek
further knowledge. Upper secondary schools shall communicate knowledge and train students
in a way that provides them with the skills required for specialised occupations and theprerequisites to pursue further education.
Article 3 General administration
The [Minister](1) shall assume responsibility for the general administration of any matter
governed by this Act and for all of the following:a. General policy-making regarding upper secondary education;b. The National Curriculum Guide and the confirmation of individual school curriculum
guides and study programme descriptions;c. Quality assurance with regard to the administration and operation of schools;

d. The provision of support for developmental work in upper secondary schools and for thedevelopment of instructional material;e. The collection, analysis and dissemination of information on the operation of schools.
(1)

Act No 126/2011, Article 493.

Section II Public upper secondary schools
Article 4 Establishment of upper secondary schools
Public upper secondary schools are state-run institutions operated under the auspices of the[Minister].(1)The Minister, where appropriate in cooperation with one or more local authorities, may takethe initiative to establish a public upper secondary school. The establishment of a public upper
secondary school takes place by means of a decision by the Althing to provide the school withworking capital through an appropriation under the Budget Act.
While public upper secondary schools do not require specific accreditation, they must meetall general requirements for accreditation of upper secondary schools pursuant to Article 12.
(1)

Act No 126/2011, Article 493.

Article 5 School boards
Each upper secondary school shall have a school board to be appointed by the Minister for a
four-year term. The school board shall be comprised of five members, two of which shall be
appointed by nomination of the relevant local authorities, with the three remaining members
being appointed without nomination. Alternate members shall be appointed in the samemanner. The board shall elect its chair for a one-year term. Three non-voting observers with aright to speak and propose motions shall be nominated for a one-year term, one each by theteachers’ assembly, the students’ association and the parents’ council. The headteacher shallattend the meetings of the school board as a non-voting observer with the right to speak andpropose motions, and shall also serve as the board’s managing director.
The role of the school board shall be:a. To decide on the school’s priorities and to promote the best service possible to thoseliving in the school’s catchment area and its relationship to the local economic, social andcultural community;b. To confer with the headteacher regarding the study programmes to be offered;c. To confirm the school curriculum guide after obtaining the opinion of the school’s
general assembly, and to monitor its implementation;d. To provide the headteacher with an opinion on the annual operating and financial plan
drawn up based on the Budget Act, and to follow up on its implementation;e. To provide consultation to the headteacher regarding the amount of fees established by
the headteacher, cf. Article 45;
f. To provide consultation to the headteacher regarding agreements entered into by theschool;g. To provide consultation to the headteacher regarding staff matters;h. To submit to the Minister an assessment of each applicant for the position of headteacher.
Article 6 Headteacher
The headteacher of an upper secondary school shall be appointed by the Minister for aperiod of five years. The school board shall provide an assessment of applicants for the
position of headteacher. A teacher who is appointed headteacher shall be granted leave fromteaching duties while holding the post of headteacher.
The headteacher is responsible for the direction of the school. The headteacher is reponsible
for the daily administration and operation of the school and shall ensure that it operates incompliance with applicable acts and regulations, as well as with the National Curriculum
Guide and any other administrative provision in force at each time. The headteacher shall beresponsible for setting the school’s budget and ensuring that it is adhered to, and for leading
the way in drawing up the school curriculum guide and instigating reforms within the school.
[The Minister may charge a headteacher with the direction of more than one upper
secondary school.](1)(1)

Act No 71/2010, Article 1.

Article 7 School councils
The school council shall provide consultation and assistance to the headteacher. The
headteacher shall chair the school council, the other members of which shall be the deputy
headteacher and teacher and student representatives. Further provisions on the composition of
the school council, its role and mode of operation may be laid down in a Regulation.
Article 8 Upper secondary school staff
The headteacher shall hire administrators, teachers and other members of the school’s staff
after consultation with the school board.
The headteacher shall appoint a deputy headteacher for a term of up to five years. A teacher
who is appointed deputy headteacher shall be granted leave from teaching as needed while
holding the post of deputy headteacher.
[Eligibility requirements for the positions of headteacher, teacher and school counsellor(eductional and career counsellor) at upper secondary schools shall be as stipulated in the Act
on the education and recruitment of teachers and administrators of preschools, compulsory
schools and upper secondary schools, and the Act on school counsellors, currently in force.](1)Persons having been convicted for violating the provisions of Section XXII of the General
Penal Code may not be hired as employees of an upper secondary school. Prospective
employees shall present their criminal records or authorise the headteacher to obtain therecord from the penal register.
The Minister shall issue a Regulation stipulation the education requirements for and thefield of responsibility of …(1) school library staff and other employees of upper secondary
schools, as appropriate. The same shall apply to the fields of responsibility of headteachers
and teachers.
(1)

Act No 35/2009, Article 9.

Article 9 School meetings
Upper secondary schools shall schedule a school meeting at least once every school year.
All school personnel have the right to attend school meetings, as have students’representatives as further decided by the headteacher. The school meeting shall discuss issues
concerning the school. The headteacher shall summon the meeting, propose an agenda andeither chair the meeting or delegate that task to another person. The minutes of school
meetings shall be presented to the school board.
The headteacher is obliged to summon a school meeting if one third of permanent staff
requires so.
Article 10 Teachers’ meetings
Upper secondary schools shall schedule a teachers’ meeting at least twice every school year.
The headteacher shall summon the meeting, propose an agenda and either chair the meeting ordelegate that task to another person. The minutes of teachers’ meetings shall be presented tothe school board. General teachers’ meetings in upper secondary schools shall discuss theschool’s strategic direction, including study arrangements, teaching methods, the developmentof the school curriculum guide, examination arrangements and assessment.
The school board, the headteacher and the school council may refer other matters to theteachers’ meeting.
A teachers’ meeting scheduled at the start of each autumn term shall elect the teachers’
representative(s) to the school council. The meeting shall also elect an observer to the schoolboard.

All teachers of a school shall be entitled to attend the teachers’ meeting. The headteacher
shall propose the agenda of the teachers’ meeting, but all those with a right to attend shall beentitled to suggest matters for discussion.
Article 11 Study leave
Teachers who have accumulated at least five years of work experience may apply for a
special study leave to enhance their expertise and teaching skills. Requests for study leave
shall be addressed to the [Ministry](1). Having obtained the headteacher’s opinion, theMinistry may grant paid study leave for up to one year. A teacher who has been granted study
leave may apply for a supplementary grant to cover travel and accommodation costs inrelation to the leave. Upon completion of a study leave, the teacher concerned shall submit areport to the Ministry of the work carried out during the study leave period.
The provisions of this Article shall also apply to headteachers and other educational
administrators.
The Minister shall issue a Regulation(2) on study leaves granted pursuant to this Article.
(1)

Act No 126/2011, Article 493. (2)Regulation No 762/2010.

Section III Other schools at the upper secondary level
Article 12 Accreditation
The Minister can grant accreditation to provide instruction at the upper secondary level toother schools than those coming under Section II above. Such schools may operate as nonprofit organisations, as companies limited by shares or take any other recognised legal form.
The requirements for accreditation pertain to the following:a. The role and objectives of the school;b. The school’s governance and organisational structure;c. School curriculum guides and study programme descriptions;d. Teaching and learning arrangements;e. Qualification standards for academic staff;
f. Admission requirements for students;
g. Students’ rights and obligations;h. Working conditions and environment of teachers and students and the services provided;
i. The internal quality assurance system;j. Finances and insurance.
The accreditation of a school amounts to a confirmation that, at the time the accreditation is
granted, the school is operated in compliance with the general conditions set out in this Act
and any rules adopted pursuant to it. Accredited schools shall operate autonomously, subject
to the provisions of this Act and of any rules or other regulatory provisions adopted on thebasis thereof.
Accreditation neither implies a commitment to provide the school concerned with financial
contributions from the Treasury nor any responsibility for the school’s obligations.
Accredited schools shall endeavour to solve issues regarding students’ rights andobligations in accordance with law and sound administrative practice.
Where an accredited school fails to conform with the requirements of this Act or with rules
and conditions adopted on the basis thereof, the Minister may withdraw the accreditation.
Further provisions on the requirements for accreditation shall be laid down in a
Regulation(1), which shall also cover the procedure for granting accreditation, quality
assurance with regard to the operation of schools pursuant to Section VII, and the withdrawalof accreditation.
(1)

Regulation No 426/2010.

Article 13 Headteacher and teachers
The administrative body of a school accredited by the Minister pursuant to Article 12 shallhire a headteacher to manage the daily operations of the school. The headteacher shall assume
responsibility for the school’s operations on behalf of the administrative body or any other
responsible party in accordance with the school’s statutes, charter or other founding
document.
Eligibility requirements for the positions of headteacher and teacher shall be as stipulated in
the Act on the education and recruitment of teachers and administrators of preschools,
compulsory schools and upper secondary schools.
The Minister may grant an exemption from the educational requirements for teachers inschools accredited pursuant to Article 12, provided that this is not in relation to study
programmes based on the National Curriculum Guide for Upper Secondary Schools but tospecialised vocational study programmes.
Article 14 School meetings and teachers’ meetings
School meetings and teachers’ meetings are governed by the provisions of Articles 9 and 10of this Act.
Section IV Organisation of the studies; completion of studies
Article 15 Credits
All school work carried out by students of upper secondary schools shall be assessed instandardised credits, each credit being awarded for approximately the same amount of student
contribution. Students are awarded 60 credits for each school year, provided that all of theirwork during that year has been completed with the required results. This presupposes anannual number of working days per student of at least [175](1) days.
The Minister shall include in the National Curriculum Guide further rules regarding
assessment toward credits and the work of students in upper secondary schools.
(1)

Act No 71/2010, Article 2, read in conjunction with the Transitional Provisions of the same Act.

Article 16 Upper secondary school leaving certificate
Students wishing to graduate with an upper secondary school leaving certificate mustcomplete studies equivalent to 90 to 120 credits as defined in the curriculum guide and astudy programme description confirmed by the Minister pursuant to Article 23.
Article 17 Professional qualification examination
Students wishing to graduate from an upper secondary school with a professional
qualification examination must complete their studies with the required results as defined in
the curriculum guide and a study programme description confirmed by the Minister pursuant
to Article 23.
Article 18 Matriculation examination
Students wishing to graduate from an upper secondary school with a matriculation
examination must complete their studies with the required results as defined in the curriculum
guide and a study programme description confirmed by the Minister pursuant to Article 23.
Programmes preparing students for the matriculation examination must include a module of aminimum of 45 credits divided between the upper secondary school core subjects—Icelandic,
mathematics and English—as further provided for in the National Curriculum Guide.
One of the objectives of the matriculation examination is to prepare students for tertiarylevel studies. The assessment of a study programme description leading to the matriculation
examination and its confirmation by the Minister must ensure that the examination meets thegeneral requirements of higher education institutions for access to tertiary-level studies.
Article 19 Other final examinations
Upper secondary schools may offer studies leading to a formal conclusion of studies otherthan those referred to in Articles 16, 17 and 18, as part of study programmes confirmed by the
Minister, cf. further provisions in Section V.
Article 20 Post-secondary education

Upper secondary schools may offer study programmes organised in continuation of formal
conclusion of studies at the upper secondary level pursuant to Articles 17, 18 and 19. The
Minister shall confirm study programme descriptions for any such programme, in accordancewith the provisions of Section V, as well as the title of the examination in question.
Studies pursued in accordance with this Article shall be assessed in credits pursuant to
Article 15 and, when applicable, in tertiary-level credits pursuant to Article 6 of Act
No 63/2006.
Study programmes offered in accordance with this Article may provide specific or extended
professional rights.
Section V Curriculum guides and study programmes
Article 21 National Curriculum Guide
The National Curriculum Guide for Upper Secondary Schools, issued by the Minister, lays
down the objectives and the organisation of schooling at the upper secondary level. The
National Curriculum Guide for Upper Secondary Schools is divided into two parts: a generalpart as further described in this Article and a set of study programme descriptions pursuant to
Article 23. An announcement regarding the entry into force of the National Curriculum Guideor parts thereof shall be published in the Law and Ministerial Gazette.(1)The general part of the National Curriculum Guide contains a description of the mode ofoperation and the objectives of upper secondary schools. The general part of the National
Curriculum Guide shall at least include the following:a. Provisions on the structure of study programme descriptions and on the relative weightingof core subjects in upper secondary schools;
b. Requirements regarding the definition of objectives for individual courses and study
programmes and of learning outcomes;c. Guidelines on study requirements and study progress;
d. Rules regarding assessment and grading;e. A definition of work-based learning and rules regarding its organisation;
f. Rules regarding the evaluation of vocational education and training and the definition ofskills outcomes;
g. Rules for the validation of competence, the equivalence of studies and the validation ofstudies in the case of transfer between schools or study programmes;
h. General rules regarding school curriculum guides;
i. Provisions for the evaluation of school performance;
j. General rules regarding the rights and obligations of students and on conflict resolution.
(1)

Notice No 674/2011.

Article 22 School curriculum guide
Each upper secondary school shall issue a school curriculum guide. The school curriculum
guide is divided into two parts, a general part and a set of study programme descriptions.
The general part of the school curriculum guide shall contain a description of how theschool operates; its key priorities and strategic direction; its organisational structure; the study
programmes offered and their organisation; teaching methods; assessment; support,
counselling and other services available to students; student’s rights and obligations, schoolparent cooperation and cooperation with third parties; self-evaluation and quality assurance;
and any other matter which the school sees fit to provide for in the school curriculum guide.
The school shall also detail the approach taken to meet the requirements of the general part of
the National Curriculum Guide for Upper Secondary Schools as well as the objectives of thisAct and of any rules issued under it.
Study programme descriptions included in the school curriculum guide shall be drawn up inaccordance with Article 23.

The school board shall confirm the school curriculum guide after obtaining the opinion of
the school meeting, cf. Article 5. The school board shall monitor the implementation of theschool curriculum guide.
Article 23 Study programme descriptions
Upper secondary schools shall submit their study programme descriptions to the Ministerfor confirmation. Upon confirmation by the Minister, descriptions of upper secondary school
study programmes become part of the National Curriculum Guide for Upper Secondary
Schools. Two or more upper secondary schools may cooperate on a study programme
description and submit it jointly for confirmation. An announcement of the Minister’s
confirmation of a study programme description shall be published in the Law and Ministerial
Gazette. The removal of a study programme description shall be announced in the samemanner.
Study programme descriptions shall be structured as provided for in the general parts of the
National Curriculum Guide for Upper Secondary Schools and of the school curriculum guideof the school concerned. Study programme descriptions shall provide for the content andweighting of courses in individual subjects, the continuity of studies, the weighting of study
programme components and learning outcomes. They shall stipulate the minimum number ofcourses and credits to be completed in individual subjects, as well as the broad outline of thestudy programme.
The Minister may lay down specific rules on the classification of study programmes andtheir division into stages, based on skills and learning outcomes.
The Minister’s confirmation of a study programme description shall be made conditional on
the fulfilment of the requirements of the National Curriculum Guide pursuant to Article 21.
The Minister may issue study programme descriptions intended as guidelines for individual
upper secondary schools. Such curriculum guidelines then become part of the National
Curriculum Guide for Upper Secondary Schools and may cover the following types of study
programme:a. Vocational study programmes leading to a professional qualification examination,
including those leading to the journeyman’s certificate;b. Study programmes leading to the matriculation examination;c. Other study programmes leading to an examination and the formal conclusion of studies,
as decided by the Minister.
Article 24 Occupational councils—appointment
For each occupation or group of occupations, the Minister shall appoint an Occupational
Council for a four-year term. Each Occupational Council shall be comprised of five to nine
members, between two and four members of which shall be nominated each by employers’organisations and by federations of employees in the relevant occupations, with one member
being jointly nominated by the Association of Icelandic Upper Secondary Schools and the
Icelandic Teachers’ Union. Alternate members shall be appointed in the same manner.
Each Occupational Council shall elect a chair and a vice-chair from among its members fora two-year term. The nominating parties shall bear the cost of the participation of theirrepresentatives in the Occupational Council. The [Ministry](1) shall bear the cost of specialist
assistance in compiling curriculum guides.
(1)

Act No 126/2011, Article 493.

Article 25 Role of Occupational Councils
The Occupational Councils, each in their respective occupations, shall advise the Ministeron matters regarding vocational education and training at the upper secondary level. Theirtasks are as follows:a. To propose general study objectives and define the needs for knowledge and skills on
which to base study programme descriptions for the occupations concerned and which form

part of the general part of the National Curriculum Guide for Upper Secondary Schools, andto make proposals for learning outcomes;b. To devise criteria for the division of study programmes into school-based and work-basedlearning;c. To make proposals regarding the structure and content of examinations in individual
occupations;d. To keep a record of companies and workplaces that meet the requirements for providing
work-based learning pursuant to Article 28;
e. To make proposals for study programme descriptions for individual study programmes,
intended as guidelines for upper secondary schools, cf. Article 23; andf. To provide the Minister with an opinion on study programme descriptions for vocational
training submitted by individual schools for confirmation by the Minister pursuant to
Article 23.
The Minister can seek the opinion of an Occupational Council regarding accreditation
requests by upper secondary schools pursuant to Article 12.
The [Ministry](1) shall bear the cost of the contribution of experts to work carried out
pursuant to the first paragraph, points a and d.
The Minister shall issue a Regulation(2) on the appointment of Occupational Councils
pursuant to Article 24 and on their activities.
(1)

Act No 126/2011, Article 493. (2)Regulation No 711/2009, cf. No 1007/2009.

Article 26 Professional Councils
Occupational Councils may establish, for each occupation or group of occupations, aProfessional Council composed of representatives of individual occupations and vocational
teachers and/or other experts. The Professional Councils shall provide advice on innovationand development in the relevant occupational fields and make proposals on particular pilot
and development projects. Further rules governing the tasks of Professional Councils shall belaid down by the Occupational Councils.
Article 27 Occupational Committee—appointment and role
The chairs of the Occupational Councils shall form a special Occupational Committee,
which shall be led by a chair and a vice-chair, appointed without nomination.
The role of the Occupational Committee is to provide strategic advice to the Minister
regarding vocational training and its implementation, to serve as a platform for collaborationand coordination between the Occupational Councils, and to issue opinions on the divisionand classification of occupations between Occupational Councils.
The Occupational Councils shall bear the cost of the participation of their representatives in
the committee. The [Ministry](1) shall bear the cost of the participation of members appointed
without nomination.
(1)

Act No 126/2011, Article 493.

Article 28 Work-based learning
Vocational education and occupational training in the workplace are governed by thegeneral provisions of the National Curriculum Guide on work-based learning.
[At the start of any work-based learning, a occupational training contract shall be drawn up,
stipulating the rights and obligations of the employer, the school and the student respectively,
objectives and quality requirements for the work-based learning, its duration, the handling ofdisputes and the termination of the contract.](1)Where a special job contract between the apprentice and the employer becomes necessary,the contract must be approved by the school. Such contracts must be in line with collective
agreements applicable to apprentices pursuing the vocational training.
Occupational Councils shall keep a record of companies and workplaces that meet therequirements for providing work-based learning.

[The Minister may by contract delegate the administrative task of drawing up andregistering contracts and monitoring their implementation to a school or other party.](1)Furthermore, a representative of that administrating body may be entrusted with the task ofapproving and, where relevant, terminating the training contract, provided that the procedure
followed is in compliance with the Administrative Procedures Act and any additional
provisions contained in the occupational training or employment contract. In the case of
dispute regarding students’ rights or obligations in relation to the actions of the administrating
body, the [Minister](1) shall rule.
Having obtained the opinion of the social partners and of the students’ association(s), theMinister may issue a Regulation(2) on work-based learning and occupational training in theworkplace and authorising schools to delegate the administration of occupational training
contracts to a third party pursuant to the fifth paragraph above.
(1)

Act No 71/2010, Article 3. (2)Regulation No 840/2011.

Article 29 Core schools
The Minister may assign to an upper secondary school the role of operating as a core schoolin a particular field for a longer or shorter period of time. Core schools shall be at theforefront of the development of instructional material, study arrangements and teaching
methods and shall assist other schools and companies in improving instruction and training in
the field concerned.
A contract entered into between the Minister and the school assuming the role of coreschool shall contain provisions on the definition of the project, its management, the durationof the contract and arrangements for evaluating the project. Interested parties from among thesocial partners as well as Occupational Councils may be parties to such a contract.
The [Ministry](1) shall make special financial resources available to core schools for carryingout contractual projects.
(1)

Act No 126/2011, Article 493.

Article 30 Assessment
General educational assessment in upper secondary schools is performed by teachers under
the supervision of the headteacher. Assessment is based on the goals of schooling as laid
down in the National Curriculum Guide and the school curriculum guide.
Students are entitled to receive an explanation of the assessment behind their final course
grade within five working days of the grade being released. Where a student who has not
attained the minimum grade required is unwilling to accept the teacher’s assessment, he or she
may address a request to the headteacher for reassessment by a specially appointed moderator.
In such cases, an external moderator shall be brought in to assess the examination results. The
moderator’s decision is final and cannot be appealed to a higher authority.
Students aiming for the matriculation examination must have completed all courses requiredby the National Curriculum Guide with satisfactory results, as determined by the school
concerned. As regards the upper secondary school core subjects, cf. Article 18, the assessmentin final courses leading to the matriculation examination shall be carried out with reference tomodel examinations issued or accredited by the Minister. Furthermore, the Minister may
decide to conduct national coordinated examinations in individual upper secondary school
subjects, as well as skills examinations, cf. Article 23 concerning skills outcomes.
Training in regulated crafts and trades concludes with a journeyman’s examination. The
Minister shall issue a Regulation(1) stipulating the structure and conduct of journeymen’s
examinations. For each regulated craft or trade, the Minister may appoint a special
journeyman’s examination committee to handle the coordination, conduct and assessment ofjourneymen’s examinations. Where appropriate, the Minister may also delegate to thecommittee the assessment of other types of education in crafts or trades.
The Minister shall issue a Regulation further providing for the organisation and conduct ofskills examinations and national coordinated examinations in upper secondary schools.
(1)Regulation No 698/2009.

Article 31 Recognition of qualifications and competenceStudents transferring between schools operating in accordance with the National Curriculum
Guide for Upper Secondary Schools shall be entitled to having previously completed studies
recognised for credits at the receiving institution, provided that such studies are compatible
with the school curriculum guide and the study programme description of the school
concerned. Recognised study programme components that do not correspond to the core
subjects of the relevant study programme shall be validated as elective courses.
Students enrolling at upper secondary schools shall be entitled to the validation of theircompetence for course equivalence and for credits, provided that the validated competence iscompatible with the school curriculum guide and the study programme description of theschool concerned. Recognised competence that falls outside the core subjects for the relevant
study programme shall be validated as elective courses.
The Minister shall include in the National Curriculum Guide a set of rules on therecognition of qualifications and the validation of competence, and the arrangements therefor.
Section VI Students
Article 32 Admission, right to education
All those who have completed compulsory school or received equivalent basic education orreached the age of 16 shall have the right to be admitted to an upper secondary school. Those
entitled to enrol at an upper secondary school pursuant to this paragraph shall also be entitledto pursue upper secondary level studies until the age of 18, cf. the provisions of Articles 2
and 33.
While upper secondary schools shall be individually responsible for admission procedures,the obligations of each upper secondary school with regard to enrolment, as well as theadmission requirements of the school, shall be specifically stipulated in an agreement between
the school and the [Ministry](1) pursuant to Article 44. Upper secondary schools may impose
special conditions as regards preparation and academic achievements for admission to specificstudy programmes.
The Minister may issue a Regulation(2) containing further instructions and provisions
regarding enrolment.
(1)

Act No 126/2011, Article 493. (2)Regulation No 1150/2008, cf. No 204/2012.

Article 33 [Students’ rights
The upper secondary school is the workplace of students. All students of upper secondary
schools shall be entitled to receive suitable instruction, carried out in a stimulating study
environment and appropriate premises, which takes into account their needs and general wellbeing. Upper secondary schools shall in all respects operate in a manner promoting a sense of
security in students and the development of their potential. Schools shall organise theiractivities so as to respect general occupational safety principles. Students shall have the rightto express their views on the study environment, learning arrangements, the organisation ofschooling, and any other decision concerning them. These views shall be taken into accountwhere possible.](1)(1)

Act No 68/2012, Article 1.

[Article 33a Students’ responsibilities
Students shall be responsible for their own studies, their conduct and their social
interactions.
Students must follow the instructions of teachers and school staff regarding any schoolrelated matter, obey school rules, and respect general rules of conduct in their interactions
with school staff and fellow students.

In the case of highly inappropriate behaviour by a student, the school shall attempt todiscover the causes of that behaviour and seek ways to improve it, including throughconversations with the student and, in the case of underage students, with her/his parents.
While a case pursuant to the third paragraph remains unresolved, the headteacher may
suspend or permanently dismiss the student, provided that the decision to do so is reported
immediately to the student, as well as to her/his parents in the case of underage students. Anysuch decision shall be governed by the provisions of the Administrative Procedures Act. In
the case of permanent dismissal of a student under 18 years of age, the school shall advise thestudent on possible ways to return to her/his studies.
Any decision by the headteacher concerning rights or obligations pursuant to Article 1,
paragraph 2 of the Administrative Procedures Act, such as the suspension of a student fromschool for longer periods of time than one day or the temporary exclusion of a student from
attending classes in a particular subject, shall be governed by the procedural rules of the
Administrative Procedures Act. The headteacher’s decisions are subject to appeal to the
Minister. Appeals shall be governed by the provisions of Section VII of the Administrative
Procedures Act.
The Minister shall issue a Regulation containing more detailed provisions on theimplementation of this Article.](1)(1)

Act No 68/2012, Article 2.

[Article 33b School atmosphere
Every member of the school community shall contribute to the creation and maintenance ofa good working spirit and a positive school atmosphere.
School leaders and teachers shall consult with parents on matters regarding the behaviour,well-being and social interactions of their children under 18 years of age. Similarly, parents
shall consult with the school on the schooling of their children. The same shall apply to otherlegal guardians of students of the school concerned.
Every school shall establish school rules and publish them as part of the school curriculum
guide. Aspects covered by the rules shall include students’ behaviour and general conduct,social interaction, healthy lifestyle, attendance, study progress, dispute resolution and theapplication of penalties.
Upper secondary schools shall maintain a coherent policy on ways to prevent physical,
verbal and social aggression within the school.
Schools shall furthermore maintain a plan on the implementation of the mandatory reporting
duty under the Child Protection Act, as well as on the response to cases involving bullying,other types of aggression or social exclusion.
The Minister may issue a Regulation pursuant to this Article and Article 33a jointly, further
providing for the responsibilities and obligations of members of the school community. The
Regulation shall include provisions on a professional council set up by the Ministry as anadvisory body on bullying.](1)(1)

Act No 68/2012, Article 2.

Article 34 Students with special needs
At the upper secondary level, appropriate instruction and special pedagogic support shall be
provided to students with a disability, within the meaning of Article 2 of the Act on the
Affairs of Disabled People, No 59/1992, and to students with emotional or social difficulties.
Expert assistance shall be provided and appropriate facilities made available as needed.
Whenever possible, students with disabilities shall pursue their studies in the same venues asother students.
The Minister may, by contract, authorise upper secondary schools to operate special study
programmes for students with disabilities.
Wherever possible, dyslexic students with shall be provided with specialised instructional

material. Upper secondary schools shall in their school curriculum guides explain theirapproach to the screening for and diagnosis of dyslexia, as well as their follow-up and support
measures for students diagnosed as dyslexic.
Upper secondary schools shall strive to provide special support to students with specificlearning difficulties or suffering from an illness.
The Minister may issue a Regulation(1) further providing for rights, teaching and learning at
upper secondary schools. A Regulation shall also provide for the right of hearing impaired
and deaf students to be taught Icelandic sign language in special classes.
(1)

Regulation No 230/2012.

Article 35 Languages; students whose native language is not Icelandic
The language of instruction in upper secondary schools shall be Icelandic.
Schools may offer studies in other languages than Icelandic when:a. the nature of the studies or the curriculum guide make this necessary; andb. the study programmes concerned are specifically designed for students who do not masterthe Icelandic language or who must pursue, or have pursued, part of their studies abroad.
Students whose native language is not Icelandic shall be entitled to training in Icelandic as asecond language. The same shall apply to students who have lived abroad for extended
periods of time and who have little knowledge of Icelandic. In principle, students whose
native language is not Icelandic shall be afforded the opportunity to maintain their native
language by studying it as an elective subject, through distance learning or otherwise.
Upper secondary schools shall devise a plan for the reception of students. The reception
plan shall be made available to students and parents and should include information about thestudies and the operation of the school in general, as well as information for parents whose
native language is not Icelandic and for deaf parents about the availability of interpretation
services. Reception plans for students whose native language is not Icelandic shall take into
account the students’ background, their language skills and their competence in other fields ofstudy.
Further provisions on the right of students to be taught the Icelandic language, as well as
regarding the structure of the studies and assessment, shall be laid down in a Regulation(1).
(1)

Regulation No 654/2009.

Article 36 Health care, hygiene, prevention
The headteacher of each upper secondary school shall seek cooperation with a local healthcare centre on health care and hygiene. The upper secondary school and the relevant local
health care centre should enter into a formal agreement on the organisation of the health careservices to be provided to students.
Each upper secondary school shall provide, within its premises, access to healthy meals
corresponding to national nutritional objectives.
Upper secondary schools shall promote a healthy lifestyle among their students andencourage their participation in physical exercise. Each upper secondary school shall adopt
and publish a prevention policy. The school shall report regularly on the implementation of its
prevention measures.
Article 37 School counselling[Students shall have the right to receive school counselling (eductional and career
counselling) in upper secondary school from persons meeting the requirements of the Act onschool counsellors.](1)The school curriculum guide of each upper secondary school shall include a description of
the school’s objectives and policy regarding counselling, and shall further outline the school’s
approach to fulfilling its obligations and role in this field.
(1)

Act No 35/2009, Article 9.

Article 38 Study records

Upper secondary schools shall maintain all information about their students’ studies andprovide the students with access to that information. Access to study records by third parties
shall be governed by further rules laid down in Article 55 and any Regulation issued on thebasis thereof.
Article 39 Students’ associations at upper secondary schools
A students’ association shall be operated at every upper secondary school. The students’association shall, amongst other things, occupy itself with the management of students’ social
activities, their general interests and their welfare. It shall set its own rules regarding its
composition, role and working methods. Students’ associations operate under the
responsibility of the school concerned. Schools shall provide facilities for the operation of
their respective students’ associations.
Upper secondary schools may provide funding for their students’ associations, in whichcase the accounts of the associations shall be subject to the same auditing as other finances ofthe school.
[Section VI A School library](1)(1)

Act No 71/2010, Article 4.

[Article 39a School library
Each upper secondary school shall make the necessary arrangements for the operation of aschool library or ensure by other means that its students have access to the services of such alibrary.
The role of school libraries is to serve as information centres for students and teachers. Eachschool library shall be equipped with books and audiovisual materials in addition to resources
for the subjects taught at the school. Reading facilities shall be made available in connection
with each school library, providing access to reference materials in the library.
One of the priorities of school libraries shall be to train students in searching for information
independently and in the use of data banks.](1)(1)

Act No 71/2010, Article 4.

Section VII Evaluation and quality assurance
Article 40 Objective
The objective of evaluation and quality assurance in upper secondary schools is as follows:a. To make information on schooling, its results and its development available toeducational authorities, staff at upper secondary schools, receiving schools, economic actors,
parents and students;
b. To ensure that schools are operated in compliance with applicable laws and regulations
and with the National Curriculum Guide for Upper Secondary Schools;c. To increase the quality of learning and schooling and promote improvement work;d. To ensure that students’ rights are respected and that they receive the service they areentitled to according to law.
Article 41 Internal evaluation
Each upper secondary school shall systematically evaluate the results and the quality ofschooling pursuant to Article 40 with the active participation of its staff and of students andparents as appropriate.
Schools shall publish information about their internal evaluation, its relation to the school
curriculum guide and any planned improvements.
Article 42 External evaluation
The [Ministry](1) shall collect, analyse and disseminate information on the operation of
upper secondary schools as part of a regular external evaluation of the quality of schooling,which also covers surveys, studies and research.

An external evaluation can extend to an upper secondary school as a whole, to its internal
evaluation methods, or to other specified aspects of its operation. An external evaluation may
also extend to several upper secondary schools at a time. Upper secondary schools shallprovide any assistance or information required by the evaluation procedure, including theresults of internal evaluations. Evaluation reports produced on the basis of this Act shall be
published. Upon completion of an external evaluation, the upper secondary school concerned
shall explain how it intends to react to its results. The [Ministry](1) shall strive to follow up on
both internal and external evaluation by providing support, training and consultancy to theschools concerned so as to promote improvement in schools’ operations as a result of such
evaluations.
The [Ministry]1) shall draw up a three-year plan on studies and surveys aiming at providing
information about the implementation of this Act, of the National Curriculum Guide forUpper Secondary Schools and of other aspects of schooling. Where necessary, the Ministermay furthermore decide to carry out a special external evaluation of an upper secondary
school or of individual aspects of its work. Surveys of upper secondary schools shall be
carried at least once every five years by an independent party.
External evaluations shall only extend to upper secondary schools receiving appropriations
under the Budget Act and having signed a contract pursuant to Article 44.
The Minister shall issue a Regulation(2) regarding internal and external evaluations.
(1)

Act No 126/2011, Article 493. (2)Regulation No 700/2010.

Section VIII Operation and finances
Article 43 Operational funding
Under this Act, operational funding for upper secondary schools receiving appropriations
under the Budget Act shall be provided by the Treasury. Schools that receive appropriations
under the Budget Act include public upper secondary schools as well as any other upper
secondary school with which the Minister concludes a service agreement to provide
instruction at the upper secondary level, provided that it has been accredited pursuant to
Article 12.
A separate appropriation shall be provided under the Budget Act for each school. The
Minister shall make proposals for budget appropriations for each school to cover teachingcosts and, where appropriate, the cost of other activities. Proposals shall be based on a
calculation model laid down by the Minister in a Regulation. The calculation model shall bebased on aspects including the projected number of students, the projected number of teaching
hours, the study programmes offered, the costs resulting from the collective agreements ofteachers and other staff, school housing, and any other factor judged relevant by the Minister.
Operational funding provided pursuant to the first paragraph is not intended to cover course,
registration or enrolment fees collected, as the case may be, by other schools, including music
schools, in relation to studies to be validated for credits at an upper secondary school. By
contracts drawn up pursuant to Article 44, the Minister may authorise upper secondary
schools to enter agreements regarding payments for such studies.
Article 44 Contracts with upper secondary schools
The scope of operation of upper secondary schools, to the extent to which they are fundedthrough contributions from the Treasury, shall be determined in the Budget Act.
Contracts signed between the Minister and individual upper secondary schools and having aperiod of validity of three to five years shall contain provisions on the key priorities for theschool, its school curriculum guide, the study programmes offered, teaching arrangements,
evaluation and quality assurance, as well as any other matter as considered desirable by theparties. The implementation of such contracts shall be reviewed annually, including a revisionof still valid contracts if deemed appropriate by the parties.

Service contracts signed with any party other than public upper secondary schools shallcontain, in addition to the aspects listed in the second paragraph, provisions on students’ legal
status, the number of students, fees to be paid by students, and the cost of other services thanthose provided on the basis of the contract.
Article 45 Public upper secondary schools’ powers to charge fees
The headteacher shall decide on the enrolment fee and the materials fee to be charged to
students at the beginning of a term or school year:
a. The amount of the enrolment fee shall be based on the actual cost of admitting students.
A 25 per cent surcharge may be applied in the case of students who receive permission toenrol outside of the advertised enrolment period and the income thus generated may beallocated to the school’s endowment fund provided that its charter stipulates that its income
be used in the interest of students;b. Schools may not charge fees for materials provided to students by unilateral decision of
the school. A materials fee may be charged for materials provided to students by the school
where such materials are of special benefit or use to students. Such fees shall be based on theactual cost of providing the materials and on contributions made available to the school
according to the Budget Act to cover the cost of material. Fees thus collected shall be subject
to financial reporting. Auditing shall be carried out according to the same rules as apply toother operations.
The Minister shall issue a Regulation stipulating the maximum amount of enrolment andmaterials fees.(1)Upper secondary schools may offer study programmes outside of their normal operating
period during the summer, in which case a fee may be charged to students to meet the specificwage costs incurred by the instruction provided.
Upper secondary schools may provide access to study programmes outside normal school
hours or through distance learning, in which case a fee may be charged to students
corresponding to up to 10 per cent of the average contribution per full-time student forteaching at the upper secondary level according to the Budget Act. For non-full-time students,
the fee shall be calculated in proportion to the number of subjects studied.
Upper secondary schools may charge fees to students for any optional activities, such as
study trips and museum or theatre visits.
Upper secondary schools may collect fees for other services which are not considered as
being a part or corollary of the school’s statutory role, such as for membership cards, locker
rent, etc.
The Minister shall issue a Regulation(1) further providing for the collection of fees pursuant
to this Article.
Decisions regarding the collection of fees pursuant to this Article are subject to appeal to the
Minister. Appeals shall be governed by the provisions of the Administrative Procedures Act.
(1)

Regulation No 614/2009.

Article 46 Residence halls at public upper secondary schools
Contracts signed between the Ministry and upper secondary schools pursuant to Article 44
may include provisions on the operation of a residence hall in connection with an upper
secondary school. The Minister shall seek an appropriation in the Budget Act to coveradministrative expenses and general running costs. Part of the specific running expenses of
the residence hall, as defined in a Regulation issued by the Minister, shall be paid by thestudents themselves. The headteacher shall be responsible for the operation of the residencehall, although the day-to-day administration and running of the hall may be delegated bycontract to a third party.
Article 47 Initial investment cost of public upper secondary schools
When establishing a new upper secondary school, a contract shall be concluded regardingthe initial investment cost and its division between the founding parties. The initial investment
cost shall be understood as including the cost related to buildings and any general facilities
that the parties decide to provide to the school. Local authorities shall provide land for thebuilding of upper secondary schools at no cost. The Minister shall issue criteria for the initialinvestment cost of upper secondary schools in consultation with the Association of Local
Authorities in Iceland.
Where an upper secondary school is established by joint decision of the Minister and local
authorities, a contract shall be drawn up concerning the preparation and execution of theinitial construction project. The initial construction project can be under the supervision andresponsibility of the State, of the local authorities or of the State and the local authorities
jointly, as agreed upon in each case:a. Where local authorities assume responsibility for preparatory and construction work
pursuant to the second paragraph, contributions from the Treasury shall cover 60 per cent of
the cost of initial construction, other on-site work, initial equipment and, where appropriate,
residence halls, according to the specific criteria for initial investment cost;b. Where the Ministry assumes responsibility for preparatory and construction work
pursuant to the second paragraph, contributions from the local authorities shall cover 40 per
cent of the cost of initial construction, other on-site work, initial equipment and, whereappropriate, residence halls, according to the specific criteria for initial investment cost;c. In the case of a joint project, 60 per cent of the cost shall be borne by the Treasury and40 per cent by the local authorities.
If the State and one or more local authorities decide to provide a jointly run school withhousing and equipment owned by a third party, an ad hoc contract shall be drawn up on thedivision of costs. In such cases, the division of costs between the State and local authorities
shall in principle be decided in a similar way as in the case of a joint project pursuant to thesecond paragraph.
Where the Althing decides on the establishment of a school without the participation of a
local authority, the initial investment cost shall be borne by the Treasury.
Special contracts shall be drawn up for the use of residence halls during periods outside theschool year. Upper secondary schools shall keep separate financial accounts for any such use.
Article 48 Maintenance cost, ownership, changes in the use of public school premises
The Minister may entrust the administration of upper secondary school premises to a public
institution or other competent party in return for payment. Where major maintenance work on
upper secondary schools owned by the Treasury and local authorities has not been outsourced
in the aforementioned way, it shall be financed through a special appropriation in the BudgetAct.
The ownership of school buildings owned by the state or local authorities shall be divided in
the same proportions as current payments of initial investment cost or, in the case of older
buildings, previous payments. Where the premises of an upper secondary school are assigned
for other uses, the owners shall draw up an agreement on this. Where the property is sold toeither of the owners, its value shall be determined by court-appointed appraisers.
Article 49 Support funds
Headteachers of public upper secondary schools may set up special support funds after
obtaining the opinion of the school board and the consent of the [Ministry](1). Such funds shallbe established with a charter, which shall be submitted for approval and published in the Law
and Ministerial Gazette.
(1)

Act No 126/2011, Article 493.

Section IX Miscellaneous provisions
Article 50 Parents’ council
A parents’ council shall be operated at every upper secondary school. The headteacher shallconvene the council’s inaugural meeting. The role of the parents’ council shall be to support
the school’s work, safeguard the interests of students and join hands with the school instrengthening the cooperation of the parents and legal guardians of the school’s underage
students. Membership of the council is open to parents of students at the school.
The council shall elect its board at its general assembly. The parents’ council shall nominate
one observer to the school board. The council shall set its own rules of procedure.
Article 51 Instructional material
The annual Budget Act shall specify the amount allocated to offset students’ expenses for
instructional material. The Minister shall issue rules on the division of this allocation and thegeneral arrangement of the support.
Article 52 Innovation in schooling
The Minister may authorise upper secondary schools to introduce innovation in schooling orexperiment with particular elements thereof, thereby granting an exemption from theprovisions of this Act or any Regulation issued on the basis thereof. Such experiments shallalways be subject to reasonable time limits and the authorisation shall provide for a final
assessment of the experiment.
Article 53 Innovation Fund
An Innovation Fund shall support development and innovation in schools in accordancewith official policy and the National Curriculum Guide. The Fund shall be common topreschools, compulsory schools and upper secondary schools.
Contributions to the Fund shall be as determined in the annual Budget Act. The [Ministry](1)shall administer the Fund and issue a Regulation(2) on the allocation of grants. By means of aRegulation, the administration of the Fund and the award of grants may be entrusted to an
institution under the authority of the Ministry or to another competent party.
(1)

Act No 126/2011, Article 493. (2)Regulation No 242/2009.

Article 54 Role of public upper secondary schools in lifelong learning
Subject to the Minister’s approval, upper secondary schools may enter into partnerships
with local authorities, professional associations, trade unions, employers or other interest
groups on the operation of lifelong learning centres. The cooperating partners shall conclude acontract on the operation.
Subject to the Minister’s approval, upper secondary schools may enter into partnerships
with professional associations, trade unions, employers or other interest groups on theorganisation of courses or educational programmes for adults. The cost of such courses shallbe kept separate from the rest of the school’s finances and paid in full by the school’s partners
in the organisation of the courses or through course fees.
The Minister may issue further rules on activities carried out pursuant to this Article.
Article 55 Reporting
The [Ministry](1) shall collect and disseminate information on schooling and the operation ofschools at the upper secondary level to the extent that this information relates to its statutory
monitoring role. Upper secondary schools shall report to the Ministry on the operation ofschools on a yearly basis or as requested.
The Minister shall issue a Regulation(2) containing further instructions regarding upper
secondary schools’ reporting obligation, as well as regarding other systematic record-keeping
by schools and their treatment of personal data, including students’ study records.
(1)

Act No 126/2011, Article 493. (2)Regulation No 235/2012.

Article 56 Reports to the Althing
The Minister shall every three years submit a report to the Althing on the operation of

Icelandic schools at the upper secondary level.
Section X Entry into force etc.
Article 57 Entry into force
This Act shall enter into force on 1 August 2008. …
Transitional provisions
I. Notwithstanding the provisions of Article 57, upper secondary schools which are in
operation upon the entry into force of this Act shall comply with the provisions of Sections IV
and V no later than 1 August 2011. [Upper secondary schools shall issue study programme
descriptions pursuant to Article 23 no later than 1 August 2015.](1)(1)

Act No 71/2010, Article 5.

II. Upper secondary schools that come under Section III must have obtained accreditationby the Minister pursuant to Article 12 no later than 1 August 2011.
III. Regulations, Notices and other administrative provisions laid down pursuant to Act No
80/1996, as amended, shall remain in force, insofar as they are not in conflict with this Act,
until the entry into force of new Regulations, Notices or other administrative provisions.(1)(1)

See now Regulations No 132/1997, No 138/1997, No 139/1997, No 140/1997, No 141/1997, No 279/1997,
No 328/1997, No 335/1999, cf. Notice No 4/2001; Regulations No 6/2001, No 1150/2006 and No 1100/2007.

IV.School boards appointed pursuant to Article 6 of the Upper Secondary School Act,
No 80/1996, shall remain in place until the end of their appointed term.
[V. Notwithstanding the provisions of Article 45, first paragraph, item b, upper secondary
schools shall retain the possibility during the 2009–2010, 2010–2011, [2011–2012, 2012–2013 and 2013–2014] school years(1) to charge fees for materials provided to students
receiving practical training and which are indispensible for their studies. The fees shall bebased on the actual cost of providing the materials. However, such materials fees may notexceed the amount of ISK 50,000 for an entire school year or ISK 25,000 for one term. Fees
thus collected shall be subject to financial reporting. Auditing shall be carried out according to
the same rules as apply to other operations.](2)(1)

Act No 68/2012, Article 3. (2)Act No 89/2009, Article 1.

[VI. Notwithstanding the provisions of Article 45, fourth paragraph, upper secondary
schools may until the end of the 2011–2012 school year charge a special fee to students in theamount of up to ISK 7,500 for each course credit within a limit not exceeding the averageappropriation received by the school for each full-time student under the relevant annual
Budget Act.](1)(1)

Act No 133/2009, Article 1.