Legal system - Netherlands

The Dutch educational system is governed by different acts. Each type of education has own legislation:

• Primary education: Primary Education Act (WPO)
• Special education: Expertise Centres Act (WEC)
• Secondary education: Secondary Education Act (WVO)
• Adult and Vocational Education : Adult and Vocational Education Act (WEB)
• Higher Education: Higher Education and Research Act (WHO)

Freedom of education

One of the key features of the Dutch education system, guaranteed under article 23 of the Constitution, is freedom of education. This refers to the freedom to found schools (freedom of establishment), to organise the teaching in schools (freedom of organisation of teaching) and to determine the principles on which they are based (freedom of conviction). People have the right to found schools and to provide teaching based on religious, ideological or educational beliefs. As a result there are both publicly run and privately run schools in the Netherlands.

Publicly run schools are open to all children regardless of religion or outlook and provide education on behalf of the state. Public schools are subject to public law. They are governed by the municipal council or by a public legal entity or foundation set up by the council. Some publicly run schools base their teaching on specific educational ideas, such as the Montessori, Jenaplan or Dalton method.

Privately run schools are subject to private law and are state-funded although not set up by the state. These schools are governed by the board of the association or foundation that set them up. These so-called denominational schools base their teaching on religious or ideological beliefs. They include Catholic, Protestant, Jewish, Muslim, Hindustani and anthroposophic schools. Some private schools base their teaching on specific educational ideas, such as the Montessori, Jenaplan or Dalton method. The denominational schools can refuse to admit pupils whose parents do not subscribe to the belief or ideology on which the school’s teaching is based.

The freedom to organise teaching means that private schools are free to determine what is taught and how. This freedom is however limited by the qualitative standards set by the Ministry of Education, Culture and Science in educational legislation. These standards, which apply to both public and private education, prescribe the subjects to be studied, the attainment targets or examination syllabuses and the content of national examinations, the number of instructional hours per year, the qualifications which teachers are required to have, the right for parents and pupils to have a say in school matters, planning and reporting obligations, and so on.

The Constitution places public and private schools on an equal financial footing. This means that government expenditure on public education must be matched by spending on private education. The conditions which private schools must satisfy in order to qualify for funding are laid down by law.

Compulsory Education Act

The obligation to attend school is laid down in the Compulsory Education Act 1969. Every child must attend school full time from the first school day of the month following its fifth birthday; in fact, however, nearly all children attend school from the age of four. Children must attend school full time for 12 full school years and, in any event, until the end of the school year in which they turn 16. Those who have a practical training contract in a particular sector of employment attend classes one day a week and work the rest of the week. Since august 2007, the obligation to continue education in order to obtain a basic qualification is applicable to youngsters under the age of 18, who have finished compulsory education but have not yet obtained a basic qualification certificate. They have to achieve at least a certificate at havo, vwo or mbo 2 level.

The Compulsory Education Act is implemented by the municipal authorities. The municipal executive checks that children below school-leaving age who are registered as resident in the area are enrolled as pupils at an educational establishment. The municipal authorities ensure compliance with the Act in both public and private schools through the school attendance officer appointed for this purpose. The Act requires each municipality to have one sworn attendance officer with specific responsibility for this matter, although in smaller local authorities such officials frequently carry out other duties in addition.

Since 1995 the municipal authorities have been responsible for registering early school leavers under the age of 23 and coordinating regional policy on this matter. In 2001 the Regional Registration and Coordination (Early School Leavers) Bill was adopted by parliament. This bill contains amendments to educational legislation designed to prevent and tackle early school leaving in ordinary and special secondary schools, secondary vocational education and adult general secondary education. The main aim is for all young people to leave school with a basic qualification.

Actual developments

Pre-Primary Education

The 1999 policy document on childcare contains an overview of current policy which is geared to achieving a substantial increase in the number of childcare places available, especially for 4 to 12-year-olds. In 2001 the government approved the Basic Childcare Provision Bill (WBK) and submitted it to the Council of State. This Act entered into force in 2004. The Act regulates the structure of the childcare sector, the division of responsibilities, quality, supervision and funding (including parental contributions). The aim is to provide adequate facilities throughout the Netherlands, with appropriate educational standards. Parents receive an income-related government subsidy, thus giving them more choice and making childcare provision more market-led. It also became easier for new providers of childcare to enter the market. A new national system of requirements to be met by providers and checks on municipal supervision will improve quality control. The new national standards will create greater clarity; it will moreover become easier to obtain planning permission and operating licences. Importantly, responsibility for childcare is to be shared by parents, employers and government, who will also share its financing.

As a result of the Act, the distinction between subsidised, employer-funded and privately-funded childcare has  disappeared. A uniform childcare funding system has been introduced (fixed employer's contribution, income-related government subsidy, remainder paid by parents). In the 1999-2002 policy document on welfare, entitled 'Towards social quality', childcare policy forms an integral part of policy on participation and integration and is therefore to be coordinated with the further development of local youth and education policy. Childcare as a policy area is now transferred to the Ministry of Education, Culture and Science. Before it fell under the responsibility of the Ministry of Social Affairs and Employment (SZW).

Primary Education

The Primary Education Act (WPO) came into force on 1 August 1998, replacing the Primary Education Act 1981 and the Special Education Interim Act, both of which had been in force since 1985. The purpose of the new Act was to enhance the integration of and cooperation between mainstream primary schools and certain types of special school. It governs both mainstream schools and special schools for children with learning and behavioural difficulties (lom), children with learning difficulties (mlk) and preschool children with developmental difficulties (IOBK). lom and mlk schools are now officially known as special schools for primary education. IOBK schools are integrated in cluster 4 schools. The term primary encompasses both ordinary mainstream schools and schools for special primary education.

Secondary education

In 1998 vbo and mavo were combined into vmbo. At the same time, the learning support departments (lwoo) were given a more definite shape. In 1998 ivbo was incorporated into the learning support departments. In addition, practical training programmes (pro) were initiated. With the conversion of practical training programmes and the learning support departments, special secondary education has been incorporated into mainstream secondary education. On 28 May 1998, an Act was implemented which required all svo/lom (for children with learning and behavioural difficulties) and svo/mlk (for children with moderate learning difficulties) schools either to merge with a mainstream secondary school, or to convert to a practical training institution (pro) or a special education centre (opdc).

Special education

In 1998 the law on the Expertise Centres was introduced. Regional expertise centres (RECs) have been set up, i.e., consortiums of special schools and secondary special schools within a district. The consortiums are divided into four clusters:

• cluster 1: education for the visually handicapped (from the former schools for the blind and partially sighted);
• cluster 2: education for pupils with hearing impediments or communicative handicaps from existing schools, for deaf or hearing-impaired pupils and pupils with severe speech disorders;
• cluster 3: education for physically, mentally and multi-handicapped pupils, and chronically sick pupils;
• cluster 4: education for pupils with behavioural disorders from existing schools, for severely maladjusted children, chronically sick (psycho-somatic) children and pupils in paedological institutes.

The law on the Expertise Centres states that pupils are eligible for special education if they meet certain criteria. These are largely based on existing practice. Criteria for the visually impaired are a visual acuity: <0,3 or a visual field: < 30 and limited participation in education as a result of the visual impairment. For hearing impaired pupils a hearing loss > 80 dB (or for hard of hearing pupils 35 -80 dB) and limited participation in education are required. The decision to provide extra funding for mentally handicapped pupils will be based largely on IQ < 55, for physically impaired and chronically ill pupils medical data showing diagnosed disabilities and illness are needed. The criteria for behaviourally disturbed pupils require a diagnosis in terms of categories of the DSM-IV, problems at school, at home and in the community and a limited participation in education as a result of the behaviour problems.

The funding of special needs education has been modified in 2003. The system changed from a supply-oriented financing to a system in which the means are forwarded to the person requiring the services to more demand-oriented financing. The policy is known as the ‘back-pack’ policy: pupils take the funding with them to the school of their choice. If a student meets the criteria for this so-called 'pupil-bound budget', parents and pupils can choose a school, special or mainstream, and take part in decision making on the best way to use the funds in order to meet the student's special needs.

Post-secondary education

In adult and vocational education (bve), higher professional education (hbo) and research-oriented (university) education (wo), the contributions for accommodations are included in the central government allowance. For compulsory education, until the age of 18, no school fees are charged. For higher education or vocational education after the age of 18, tuition fees are charged. Depending on the parents' income, students can receive a grant to pay for school fees and books. Tuition fees (in hbo and wo) go from participants directly to the institutions and are not a part of the central government grant.

Legislation to ensure the inclusive nature of the education system

In the Netherlands, a number of legal and regulatory frameworks are in place to ensure the inclusive nature of the education system. These include:

- Everyone has the right to be educated. The obligation to attend school is laid down in the Compulsory Education Act 1969. Every child must attend school full time from the first school day of the month following its fifth birthday. Children must attend school full time for 12 full school years and, in any event, until the end of the school year in which they turn 18.

- Since 1995, the municipal authorities have been responsible for registering early school leavers under the age of 23 and coordinating regional policy on this matter. In 2001 the Regional Registration and Coordination (Early School Leavers) Bill was adopted by Parliament. This bill contains amendments to educational legislation designed to prevent and tackle early school leaving in ordinary and special secondary schools, secondary vocational education and adult general secondary education. The main aim is for all young people to complete education with a basic qualification certificate.

- In august 2007, the Compulsory Education Act was amended such that besides the obligation to attend school until the age of 16, pupils now also have the obligation to obtain a basic qualification that is a certificate at havo, vwo or mbo-2 level. Youngsters between the age of 16 and 18 who have finished compulsory education but have not yet obtained such a basic qualification now are obliged to attend school, either fulltime or in combination with a part-time job. This prolongation of compulsory education has been introduced to ensure that all youngsters make a good entry into the labour market.

- Recently the Primary Education Act and the Secondary Education Act were amended and an additional specification was included stating that primary and secondary education should 'stimulate active citizenship en social integration'.

- Since 1 August 2006, a new weighting system for funding has taken effect for primary education in which only the parents’ level of education counts. With these weighting system schools receive extra resources and staff to be able to help pupils with potential educational disadvantages. Two weightings are used: 0.3 for pupils whose parents have no more than lbo (lower vocational training) / vbo (prevocational education) qualifications and 1.2 for pupils who have one parent with only a primary education and one parent with no more than lbo/vbo qualifications.

- Since 1998, schools for children with learning and behavioural difficulties (lom) and children with moderate learning difficulties (mlk) were converted to special primary schools (SBAO). These schools fall under the legislation of primary education now.

- Since 1998, vbo and mavo is transferred into vmbo. At the same time, the learning support departments (lwoo) were given a more definite shape. In 1998, ivbo was incorporated into the learning support departments. In addition, practical training programmes (pro) were initiated. With the conversion of practical training programmes and the learning support departments, special secondary education and secondary special education for children with moderate learning difficulties (vso/mlk) has been incorporated into mainstream secondary education. On 28 May 1998, an Act was implemented which required all svo/lom and svo/mlk schools either to merge with a mainstream secondary school, or to convert to a practical training institution (pro) or a special education centre (opdc).

- In 1998, the law on the Expertise Centres was introduced. Regional expertise centres (RECs) have been set up, i.e., consortiums of special schools and secondary special schools within a district. The schools and therefore also the RECs are divided into four clusters:

• cluster 1: education for the visually handicapped (from the former schools for the blind and partially sighted);
• cluster 2: education for pupils with hearing impediments or communicative handicaps from existing schools, for deaf or hearing-impaired pupils and pupils with severe speech disorders;
• cluster 3: education for physically, mentally and multi-handicapped pupils;
• cluster 4: education for pupils with behavioural disorders from existing schools, for severely maladjusted children, chronically sick children and pupils in paedological institutes.

- The funding of special needs education has been modified in 2003. The system changed from supply-oriented financing to a system in which the means are forwarded to the person requiring the services: demand-oriented financing. The policy is known as the ‘back-pack’ policy: pupils take the funding with them to the school of their choice (see development of integration/inclusion). If a student meets the criteria for this so-called 'pupil-bound budget', parents and pupils can choose a school, special or mainstream, and take part in decision making on the best way to use the funds in order to meet the student's special needs. This funding system has been implemented in primary, secondary and vocational education.

- In 2007, the Law on equal treatment in virtue of handicap and chronically disease has been changed. Until then, the law only applied to employment, living and vocational education. In 2009, this law will be applied for primary and secondary education as well.

- The Netherlands has agreed on several international agreements considering inclusive education. These include the Council Resolution integration of children and young people with disabilities into ordinary systems of education (1990), the Salamanca Statement (1994) and the UN Convention on the Rights of Persons with Disabilities (2006).