Education law

Governance, supervision and stakeholder participation are essential components of a well-functioning educational institution. Good governance and effective supervision are not only strategic objectives but also legal obligations within the education sector. A clear governance structure is therefore of paramount importance.

How does the internal supervisory body, often a supervisory board, relate to the executive board? Which decisions require prior approval from the supervisory board? How should conflicts of interest be managed? And what happens when disputes arise within the governing bodies?

The participation of parents, pupils, students and staff also plays a significant role in decision-making processes. Participation councils within educational institutions have advisory and approval rights in various areas, which must be carefully respected and applied.

We advise executive boards, supervisory boards and participation bodies on establishing appropriate governance structures, including articles of association and governance regulations, and provide support in governance-related disputes.

Collaborative arrangements in education take many forms. Examples include regional partnerships for inclusive education (passend onderwijs), educational regions, joint degree programmes and public-private partnerships. Each form of collaboration presents its own legal challenges.

These may involve the sharing or transfer of rights and obligations, the allocation and expenditure of public education funding, the position of employees, and the role of participation bodies. Certain forms of collaboration may also require approval from governmental authorities or regulators.

Municipalities play a key role in the provision of school facilities and accommodation for primary and secondary education. We advise and support educational institutions and other stakeholders in designing and implementing appropriate collaborative structures, from the initial exploration phase through to formal decision-making.

Education funding is subject to extensive regulation. Many statutory requirements relating to governance and educational quality also serve as conditions for receiving public funding. It is therefore crucial for educational institutions to apply funding regulations correctly and make optimal use of available funding opportunities.

Reductions in funding, sanctions, recovery orders or changes to funding mechanisms can have significant financial consequences for institutions. Questions regarding the lawful and efficient use of public funds are also increasingly important, particularly in relation to external audits and accountability to government authorities.

We advise and assist educational institutions on legal issues relating to education funding, including lump-sum funding arrangements and targeted grant schemes.

In primary and secondary education, responsibility for educational facilities and school accommodation is shared between municipalities and school boards. This shared responsibility gives rise to a wide range of legal issues and may lead to disputes. Common areas of discussion include the allocation of accommodation provisions, accountability for construction and maintenance activities, and arrangements concerning decentralised housing responsibilities. New construction and renovation projects frequently involve legal questions relating to public procurement, the Dutch Didam case law, ownership rights, shared use of facilities, as well as sustainability and circularity requirements.

We advise school boards and municipalities on legal matters and disputes relating to educational accommodation and assist in drafting legally robust housing and facilities agreements. In addition, we advise on the legal aspects of collaboration with childcare organisations and other public-interest institutions, including issues concerning the shared use of facilities in multifunctional accommodation centres (MFAs).

Together with our real estate specialists, we support school boards, vocational education institutions, universities of applied sciences and research universities in all aspects of acquiring, developing, maintaining, selling and operating educational real estate.

The ambition to make education accessible to all pupils and students must be implemented within the framework of inclusive and appropriate education. The legal duty of care associated with this objective differs across educational sectors.

In primary, secondary and special education, key questions include: What duty of care rests with the school? What support obligations apply to the regional partnership for inclusive education? Under what circumstances may a school refuse admission to or expel a pupil? And how should the ambition of inclusive education be balanced against the limits of what a school can reasonably provide?

The same ambition applies in vocational and higher education, although the statutory rights and obligations are structured differently in these sectors. In practice, the implementation of inclusive and appropriate education frequently leads to legal disputes and proceedings, often because legislation governing education and youth care services does not align effectively.

We advise and assist educational institutions on the legal framework for inclusive and appropriate education, from policy development to representation in disputes.

Quality assurance in education is not only an educational challenge but also a legal one. Educational institutions must comply with statutory quality standards and are subject to supervision by the Dutch Education Inspectorate (Inspectie van het Onderwijs). The Inspectorate applies a risk-based supervisory approach across all sectors, from primary education to higher education. Where shortcomings are identified, substantial measures may be imposed, ranging from improvement directives to funding sanctions.

In higher education, accreditation by the Accreditation Organisation of the Netherlands and Flanders (NVAO) is a prerequisite for offering degree programmes and awarding academic degrees.

We support educational institutions with legal issues relating to quality assurance, inspections, enforcement measures and accreditation procedures.