New Draft Law Proposes Stricter Rules on Restraint in Danish Schools

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Josephine Wismar

New Draft Law Proposes Stricter Rules on Restraint in Danish Schools

Denmark’s Ministry of Children and Education has released a draft bill that sets out new rules for the use of physical intervention in Danish schools, aiming to clarify when and how school staff may intervene in student behavior.

New Guidelines for Physical Intervention

The Danish Ministry of Children and Education has opened a public consultation on a proposed law that explicitly outlines when school staff are allowed to physically intervene in elementary and lower secondary schools. The proposed legislation seeks to address the lack of clarity around educators’ authority when dealing with difficult student behavior, with a focus on student welfare, legal safeguards, and classroom safety. Hopefully, the rules will be clearer for both teachers and students.

Currently, school personnel must navigate ambiguous guidelines when faced with escalating or potentially dangerous situations. The new proposal would introduce clearer legal provisions concerning the school’s duty of care and a more detailed framework for when and how physical force can be used. It can give Danish schools clearer guidance in these situations.

Conditions for Physical Intervention in Danish Schools

The draft law emphasizes that any form of physical intervention must be a last resort and always proportional to the situation at hand. It must only be used when other, less invasive measures have already been attempted without success. This upholds existing principles in Danish law related to emergency defense and necessity. The proposal goes further by making such standards explicitly applicable to the public school environment.


In concrete terms, physical intervention could be considered legal and acceptable in specific situations following individual assessment. According to the draft, intervention may take place if a student:

1. Damages property
2. Physically harms others
3. Puts themselves or others in danger, either knowingly or unknowingly
4. Emotionally harasses others in a severe way
5. Significantly disrupts the learning environment

In all cases, school staff would be expected to exercise restraint and care, ensuring that any intervention respects the student’s dignity and is as gentle and brief as the circumstances allow.

When Intervention May Begin Immediately

The draft also outlines circumstances under which it may be permissible to physically intervene without prior attempts at verbal conflict resolution or softer methods. For example, if a student is actively damaging property or physically attacking someone, staff may go directly to physical restraint if deemed proportionate.

However, in less urgent cases like disruption or psychological harassment, staff would first need to try de-escalation techniques such as talking to the student, redirecting their attention, or physically guiding them out of the situation with their cooperation.

Legal Safeguards and Reporting Requirements

To protect both students and school personnel, the proposed regulation introduces compulsory reporting requirements related to physical interventions. If a teacher or staff member uses physical force or intervention, the incident must be documented. Parents or guardians must be informed, and the school must report the event to the municipal council if it is a public school.

This added administrative layer aims to ensure transparency and reinforce accountability. It builds upon Denmark’s broader efforts to improve protections and legal clarity in the Danish schools.


A Step Toward Strengthening School Communities

With this legislative move, Denmark aims to balance child protection with classroom order and safety. The regulation is rooted in the belief that while schools should accommodate every student, not all behavior can be tolerated. The new rules are designed to give educators the tools and legal backing they need, while also respecting student rights and supporting long-term pedagogical efforts.

The Ministry hopes this law will strengthen collective responsibility in the classroom and safeguard students’ rights. They also hope it will increase the confidence of teaching staff when handling critical situations safely and lawfully.

The consultation period is currently underway. Once public feedback has been collected, the Minister of Children and Education plans to initiate formal negotiations with the parties involved in the national public school agreement (folkeskoleforligskredsen).


Background and Next Steps

The push for this legislation comes amid ongoing political and educational reforms in Denmark. In recent years, concerns have grown among school staff. The lack of clear legal authority when managing increasingly complex student behavior is a problem. The proposed law intends to offer a more structured legal basis to address those concerns.

According to the Ministry’s own assessments, over 1,500 incidents involving discipline issues required intervention in Danish public schools last year. The number of formal complaints about insufficient action taken by Danish schools in the face of disruptive behavior has risen by approximately 18% in the past two years.

The Children and Education Ministry has invited schools, educators’ unions, municipalities, and other stakeholders to provide feedback before the consultation deadline. A final version of the law could head to Parliament as early as spring 2026.

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Josephine Wismar Creative Writer

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