Finland - Legal System
Parliament enacts laws on education and decides on the general principles of education policy. The Government and the Ministry of Education and Culture implement these principles at the central government level. The Ministry of Education and Culture is in charge of the administration of education, research, culture, youth issues and sports. Under the Universities Act, which was passed by Parliament in June 2009, Finnish universities are independent corporations under public law or foundations under private law. The Ministry of Education and Culture supervises publicly subsided education and training provision, from primary, secondary, upper-secondary general education and vocational education and training, to polytechnic, university and adult education.
In matters related to pre-primary, comprehensive and upper-secondary schools, vocational institutions and adult education, the ministry is assisted by an expert agency, the Finnish National Board of Education. A central development document in the educational sector is the Development Plan for Education and Research, which the government approves every four years for the year of its approval and for the following five calendar years.
The development of special education in Finnish elementary schools, within the parallel school system prior to the introduction of the uniform comprehensive school system, can be divided into four periods. The first period covers the establishment of special education from the 1840s until the Compulsory Education Act came into force in 1921. Initially, special education focused on arranging instruction for pupils with sensory disabilities. The first schools for people with hearing impairments, visual impairments and motor impairments were established in the 1840s, the 1860s and the 1890s, respectively. When it was stipulated that folk education was the obligation of local authorities in 1866 and when it subsequently became compulsory, many children with disabilities were excluded from school during these reforms. Education for people with disabilities was provided in the form of philanthropic activities by individuals and charitable organisations.
The second period ranges from when the Compulsory Education Act came into force in 1921 until the end of the Second World War. The Compulsory Education Act stated that the children of Finnish citizens were considered to be subject to compulsory education, except for those children with intellectual disabilities, who were exempt from compulsory education.
The third period starts at the end of the Second World War and runs through to the unification of education and the launch of comprehensive schools in 1972. The post-war period saw the development of care for people with disabilities. In addition to medical care and rehabilitation, the field of vocational rehabilitation also developed. The quantitative increase in special education and specialisation in its different sectors occurred between the 1940s and the 1960s. New forms of education emerged alongside adjusted instruction, such as instruction for maladjusted pupils and part-time special education for pupils with mild learning or adjustment difficulties.
However, the medical approach prevailed in the provision of education for children with special needs. Deviation was, above all, considered from the perspective of physical and functional disability. Pupils with special needs were seen as being different from other pupils to such an extent that their education could not be organised in conjunction with mainstream education. In addition, the special needs of different groups were so varied that, in order to meet their needs, these children were segregated into groups that were as homogeneous as possible in terms of instruction. As this way of thinking was prevalent at that time, special education remained highly differentiated and segregated.
From the early 1970s, the principle of normalisation and the philosophy of integration were brought strongly to the fore in the education of pupils in need of special support. The aim of the principle of normalisation is that the lives of people with disabilities would be as normal as possible. Integration was considered to be the means of implementing this normalisation. The objective was perceived to be social integration; in other words, the opportunity for pupils with special needs to participate in regular instruction in the school they would attend if they did not have a disability.
Integration has been promoted in basic education since the 1970s. The new Comprehensive Schools Act, passed in 1983, was an important legislative reform which enabled a better starting point for the development of the integration process. According to the Act, children were no longer allowed to be exempt from completing compulsory education. Another important factor for the promotion of integration was the new comprehensive school national core curriculum issued in 1985; it raised the issues of differentiation and individualisation of education and, where necessary, the provision of special education and the individualisation of education and the syllabus. In terms of promoting integration, it was important that education and the syllabus were individualised according to each child’s learning abilities and age, so as to enable special education curricula to also be used in conjunction with mainstream education. Education for children with minor intellectual disabilities was initiated within elementary schools in the form of special school instruction. In 1985, integrated instruction for children with moderate and severe intellectual disabilities was transferred from social administration to educational administration. From 1 August 1997, comprehensive schools took over the responsibility for the instruction of children with the most severe intellectual disabilities, which had previously been organised as part of special care for people with intellectual disabilities within the social administration. Similarly, comprehensive schools took over the instruction provided by reform schools from 1 August 1998.
The fourth period of special education started in the 1990s. In 1995, a national evaluation of the status of special education took place. The conclusions of the evaluation formed the basis for national development measures implemented in subsequent years. The aim was to reform the operating culture, organisation of education and joint steering by supporting regional and municipal integration of service systems.
The comprehensive reform of school legislation in 1998 and the new Basic Education Act (628/1998) aim to guarantee educational equality and equal educational services for all those subject to compulsory education. The old legislation based on institution forms has been replaced by more concise and centralised legislation based on the objectives and contents of education, levels and forms of education and the rights and responsibilities of students.
On 14 March 2006, the Ministry of Education appointed a steering group to prepare a proposal for a long-term strategy for the development of special needs education in pre-primary and basic education.
The steering group proposed that the current practice be changed to focus on earlier support and prevention. General and intensified support will be adopted as the primary forms of support before a decision on special support is made. The intensified support would be used to bolster learning and growth and prevent the aggravation and escalation of problems relating to learning, social interaction or development.
The changes to the Basic Education Act came into force on 1 January 2011, but the provisions on pupil welfare and data protection were applied from 1 August 2010. The Finnish National Board of Education revised the National Core Curriculum for Pre-Primary and Basic Education according to the new provisions and they were adopted on 1 January 2011. The amendment supplements provisions on pre-primary and basic education and support given to pupils. The aim is to strengthen the learner’s right to early, preventive support in learning and growth and special support, if needed. The support intensifies by stages: general support, intensified support and special support. Provisions on the handling and confidentiality of personal data and learner welfare services were also amended and supplemented.
A pupil has the right to receive instruction and guidance in accordance with the curriculum and sufficient support in learning and school attendance, as soon as the need arises (amended Section 30). On every school day, every pupil has the right to receive support and counselling. The support is a collaborative effort involving all teachers, the pupil and their parents and, where needed, pupil welfare personnel. Special needs education is provided taking into consideration the pupil’s interests and the facilities for providing education, in conjunction with other instruction or partly or totally in a special needs classroom or some other appropriate facility.
Figure 1: Participation of learners in educational settings
Legal system in mainstream education
According to the Constitution of Finland, everyone is equal before the law. No-one may, without a valid reason, be treated differently from other people on grounds of sex, age, origin, health, disability or any other reason that concerns their person. Children are to be treated equally and as individuals and they are to be allowed to have an influence on issues affecting themselves to a degree corresponding to their level of development. Everyone also has the right to free basic education. Everyone is guaranteed an equal opportunity to receive education in accordance with their abilities and special needs and to develop themselves without being prevented by economic hardship.
According to the Basic Education Act (628/1998), all education must comply with the national core curriculum. Instruction is to be organised to meet learners’ age level and abilities, so as to promote their healthy growth and development. Instruction is to be conducted in co-operation with pupils’ homes.
The National Core Curriculum for Basic Education is the national framework and it is used as the basis for drawing up local curricula. Education providers are responsible for preparing and developing local curricula. Municipalities are responsible for providing early childhood education and care, pre-primary education and basic education to all children residing in the area.
Reform of the National Core Curriculum concerning support for growth, learning and school attendance based on the amended legislation
The Finnish basic education system has been based on the philosophy of inclusion for a long time. Basic education is the same for all. There is no streaming, but children are supported individually so that they can successfully complete their basic education.
Amendments to the National Core Curricula for Pre-Primary and Basic Education (2010) include a new systematic way of organising support. The focus is on providing support as early as possible in order to prevent the emergence and growth of problems. Support for growth, learning and school attendance falls into three categories: general support, intensified support and special support. Everyone is entitled to general support. It is a natural part of the everyday teaching and learning process. Intensified and special supports are based on careful assessment and long-span planning in multi-professional teams and on individual learning plans for pupils.
If general support is not enough, pedagogical assessment shall be carried out and a plan for intensified support is prepared. Following this, a learning plan is drawn up for the pupil.
If intensified support is not enough, the pupil undergoes further, more extensive pedagogical statements. The education provider collects information from teachers and other professionals. Based on this information, the education provider makes an official decision concerning special support. Following this decision, an individual education plan shall be drawn up for the pupil.
As a part of the reform, a development project of intensified and special support began in 2008. The objective was to implement the strategy (2007) for the development of pre-primary and basic education. The Finnish National Board of Education was responsible for the project. Helsinki University Centre for Educational Assessment carried out developmental assessment of the project. Jyväskylä Continuing Professional Development Centre, EduClusterFinland organised national training for the project. The development project was completed in 2012.
Figure 2: Types of support available in educational settings
Legal system concerning support for learning and school attendance
The Constitution ensures that the support services needed in education are available to everyone, allowing them to obtain the security and essential subsistence and care required for a life lived with dignity. The public authorities must guarantee everyone adequate social, health and medical services and promote the health of the population. In addition, the public authorities must support families and others responsible for providing for children so that they can ensure the children’s well-being and personal development.
Support measures form a systematic continuum in the Finnish education system
Particular care is taken to ensure continuing support as a child moves from early childhood education and care to pre-primary education, from pre-primary to basic education, and from basic education to secondary education.
Support for growth and learning in pre-primary education
The basis for development and support in pre-primary education comprises objectives agreed together with children’s parents, which uphold basic security and support children’s holistic growth. The primary concern is to support the development of each child’s positive self-concept and healthy self-esteem and to ensure equal membership of the group. Work in pre-primary education should be playful and involve action-based group and individual guidance stemming from children’s development level. It should promote children’s cognitive – and in particular, linguistic – and socio-emotional development and their ability to learn new things and also prevent learning difficulties.
Attention must be on early identification of learning barriers and difficulties. Those participating in education are entitled to receive sufficient support for learning and growth as soon as the need for support becomes apparent. Early identification of support needs requires continuous assessment of children’s growth and learning and provision of support must be initiated at a sufficiently early stage. This will prevent aggravation and long-term effects of problems. Provision of the right support measures at the right time and level is the key to safeguarding growth and learning. The support received by children must be flexible, planned with a long-term view in mind and must change in keeping with support needs. Different forms of support are used both individually and in combination with each other. Support is provided as long as necessary and at the appropriate level. Particular care is taken to ensure continuing support as a child moves from day-care to pre-primary education and from pre-primary to basic education.
Support for growth, learning and school attendance falls into three categories in the National Core Curriculum for Pre-Primary Education: general support, intensified support and special support.
Support for learning and school attendance in basic education
The starting points for provision of teaching and support are the strengths, learning needs and development needs of both the whole teaching group and each individual pupil. Support for learning and school attendance means solutions based on community spirit and the learning environment, as well as meeting pupils’ individual needs. When planning instruction and support, it is imperative to bear in mind that support needs may vary from temporary to continuous, from minor to major, or from one to several forms of support.
Every pupil must be given an opportunity to succeed in learning, develop as a learner and grow and refine themselves as a person on their own terms. Diverse learners, different learning styles and starting points for learning, as well as pupils’ cultural backgrounds, must be taken into account in schoolwork. Special attention must be given to early identification of learning barriers and difficulties.
The school management is responsible for decisions relating to provision and implementation of support and for taking these into account in all year groups and subjects. Pedagogical expertise and co-operation between teachers play an important role in identifying support needs and in planning and implementing support. Where necessary, support is planned and implemented as part of multi-disciplinary pupil welfare work. Pupils and their parents or guardians are provided with information about support measures and given an opportunity to express their views on the provision of support. Each pupil is provided with support at their own school through various flexible arrangements, unless its provision inevitably requires the pupil to be transferred to another teaching group or school. Particular care is taken to ensure continuing support as a child moves from pre-primary to basic education and from basic education to the upper-secondary level or if they change schools during basic education.
Pupil welfare in pre-primary and basic education
Pupil welfare refers to the promotion and maintenance of each pupil’s good learning, good psychological and physical health and social well-being, as well as activities geared towards improving the prerequisites for these. Pupil welfare comprises pupil welfare in accordance with the curriculum approved by the education provider and pupil welfare services, which include school health services as referred to in the Primary Health Care Act and support for schooling as referred to in the Child Welfare Act (Basic Education Act, section 31 a(1), as amended by Act 477/2003, and (2), as amended by Act 642/2010; Primary Health Care Act (66/1972; kansanterveyslaki), section 14(1)(5), as amended by Act 626/2007; Child Welfare Act, section 9).
Pupil welfare concerns everyone working in the school community, as well as the authorities responsible for pupil welfare services. It is implemented in co-operation with pupils and their parents or guardians (Basic Education Act, section 31 a(3)). Pupil welfare consists of both communal and individual support. Pupil welfare promotes the learning and balanced growth and development of children and young people.
The purpose of pupil welfare is to develop a learning environment that supports well-being and to reinforce the school’s collaborative operating method as part of the school community’s operational culture. Community spirit is nurtured by promoting the involvement of pupils and their parents or guardians in developing well-being in the school community. The aim is to create a safe and healthy learning and growth environment, safeguard mental health, prevent exclusion and promote well-being in the school community.
Pupil welfare involves developing, monitoring and assessing the well-being of the entire school community and individual classes and groups and ensuring that pupils’ individual needs relating to growth, development and health are taken into account as part of the school’s daily routines (Basic Education Act, sections 3(2), as amended by Act 477/2003; Government Decree governing school and student health care, sections 12, 13 and 15; Child Welfare Act, section 9).
Pupil welfare aims to prevent, identify, ameliorate and eliminate barriers to growth and learning, learning difficulties and other problems at the earliest possible stage. Special attention must be focused on safeguarding pupils’ mental health. Preventive child welfare and annual health checks as part of health promotion, alongside health advice as necessary, reinforce the prevention of problems, their early identification and provision of support. The planning and implementation of extensive health checks as part of school health care require multi-disciplinary co-operation within pupil welfare (Basic Education Act, sections 16, 16 a, 17 and 17 a, as amended by Act 642/2010; Child Welfare Act, sections 3, 3 a, as amended by Act 88/2010; 8, 9 and 12; Government Decree governing school and student health care, sections 4, 7 (2) and (3) 8, 9 (1) and (2) 13, 14 and 15 (3)). The purpose of pupil welfare is to monitor each pupil’s holistic well-being and, where necessary, support the pupil and intervene in changes in well-being in co-operation with the pupil’s parents or guardians.
Co-operation within pupil welfare involves agreeing on procedures for implementing preventive child welfare work and special support as part of school health services. Co-operation and operating guidelines must take account of any possible endangerment of a pupil’s development due to risks in the growth environment and the duty to notify as specified in the Child Welfare Act in order to investigate the need for child welfare (Child Welfare Act, section 25(1); Government Decree governing school and student health care, sections 13 and 18).
The guiding principles of pupil welfare work are confidentiality, respect for individual pupils and their parents and guardians, and support for their involvement. It is imperative to guarantee that the views of pupils and their parents or guardians are heard in the work. The school must inform pupils and their parents or guardians about pupil welfare work and its procedures. Parents and guardians must be provided with information on how individual pupil’s welfare matters are prepared (Basic Education Act, section 31 a(3) and (4), as amended by Act 642/2010).
Pupil welfare is co-ordinated and developed in a multi-disciplinary welfare team. The general principles and structures of co-operation, organisation of practical activities, division of work and responsibilities are to be agreed in co-operation with the authorities dealing with implementation of local health care and social services (Basic Education Act, section 15(2), as amended by Act 477/2003). In addition, co-operation with other authorities, such as the police and fire and rescue services or other partners in issues relating to health and safety, is also taken into account when organising co-operation.
The principles and procedures relating to both community-level promotion of health and well-being and supporting individual pupils and dealing with their matters are to be agreed separately when planning pupil welfare work. Activities promoting overall health and well-being in the school community may be developed through multi-disciplinary co-operation. In this respect, different parties may participate in pupil welfare co-operation notwithstanding secrecy, unlike with matters concerning individual pupils.
Support in special circumstances
Pupils may need support in special circumstances, such as in connection with an illness or difficult life circumstances. In such cases, instruction may be provided in hospitals and community homes. The local authority in whose area a hospital is located is responsible for arranging teaching for a pupil who is a patient to the extent that their health and other circumstances allow. Instruction for pupils placed in a community home is the responsibility of the school operating in the community home, provided that the community home is authorised to provide education. Responsibility for instruction for other children placed outside home rests within each pupil’s municipality of residence.
Special instruction within vocational education and training should primarily be provided in connection with regular instruction, in separate groups or both. Vocational special institutions, in turn, are responsible for providing education and training for students with the most severe disabilities. Vocational education and training are provided in the form of special education and training for students who need special educational and student welfare services due to disability, illness, delayed development, emotional disorder or some other similar reason. It is the task of each education provider to determine which students are in need of special education and training and how to draw up individual education plans for them. Special education and training may deviate from the general provisions governing vocational education and training as determined in the relevant national core curriculum. The duration of studies and study arrangements may be adjusted where a student’s state of health or previous studies dictate accordingly.
The 1998 legislative amendments introduced on-the-job learning and the recognition and importance of learning-by-doing in the sphere of vocational education and training. These changes have promoted the provision of special education and training, as special education has traditionally intensified learning by emphasising practical skills and activities.
The National Core Curriculum for Upper-Secondary Schools (2003) emphasises the fact that the purpose of special support is to help and support students so as to guarantee them equal opportunities to complete their upper-secondary school studies. Once a student’s learning difficulties have been identified, planning and implementation of support measures start immediately, taking into account the information acquired on the student’s study performance and their needs for support during basic education. The local upper-secondary school curriculum will determine how instruction and support measures for special needs students are to be organised.
More information about the Finnish education system is available on the Eurydice website.