Education

Primary and secondary school boards operate in an increasingly complex legal and governance environment. Expectations from students, parents, staff and government authorities continue to rise, while legislation and regulations are constantly evolving. Challenges relating to equal opportunities, inclusive education, social safety, governance, employment matters, school accommodation and mandatory or voluntary collaborations with third parties require careful consideration.

At the same time, oversight by the Dutch Inspectorate of Education and developments in education funding have a significant impact on decision-making. Education law provides both boundaries and opportunities. These opportunities may include participation in pilot schemes, innovative educational initiatives and access to additional funding streams beyond regular government financing.

We advise and support school boards and supervisory bodies in navigating strategic decisions, regulatory compliance and legal proceedings, helping them balance educational objectives with legal and governance requirements.

Senior secondary vocational educations operate at the intersection of education and the labour market. Close collaboration with businesses and public or semi-public organisations is often the norm rather than the exception. These public-private partnerships raise legal questions concerning governance, contracting and the allocation of responsibilities.

At the same time, quality assurance, inclusive education, funding and regulatory oversight remain key areas of focus for VET institutions. A significant development is the change in the legal protection framework for VET students. Whereas disputes were previously assessed under civil law, they now fall within the scope of administrative law. This requires institutions to carefully redesign their decision-making processes and dispute resolution procedures.

Universities and universities of applied sciences operate within a highly regulated framework, with the Dutch Higher Education and Research Act (WHW) at its core. Challenges relating to degree-awarding powers, programme accreditation and education funding require in-depth knowledge of higher education law.

Students in higher education benefit from an extensive legal protection system that is largely governed by administrative law. Institutions are increasingly involved in complex collaborations, such as joint degree programmes and other strategic partnerships, both within the Netherlands and internationally. These collaborations raise questions regarding governance, allocation of powers, financing, contracting and liability.

In addition, issues relating to knowledge valorisation and commercial activities require a thorough understanding of the interaction between public and private law. We advise and support universities and universities of applied sciences on a wide range of legal and strategic matters.

Private and independent education spans all levels of education, from primary education to higher education. It is provided by both private educational institutions and publicly funded institutions that develop additional commercial activities.

These forms of education must comply with applicable education laws and regulations, including requirements for formal recognition within the compulsory education framework and the awarding of officially recognised qualifications. In vocational and higher education, contract education and customised commercial learning programmes are becoming increasingly important, driven in part by government initiatives supporting lifelong learning.

As a result, new forms of collaboration are emerging between educational institutions, businesses and government bodies. These public-private partnerships raise legal questions relating to governance, subsidies and state aid. We advise organisations on their rights, obligations and strategic decisions within the private and independent education sector.

The childcare sector is constantly evolving and faces a wide range of legal and regulatory challenges. The Dutch Childcare Act forms the cornerstone of the legal framework governing the sector.

Collaboration between childcare providers and schools is becoming increasingly common, particularly through integrated child centres (IKCs), where education and childcare are brought together under one roof to support a continuous developmental pathway for children. It is also increasingly common for childcare and educational services to be governed by a single board.

These collaborations raise legal questions concerning funding, governance, the rights and obligations of parents and employees, and educational accommodation. In addition, the growing focus on inclusive education and equal opportunities extends to the early childhood stage, requiring careful consideration and effective cooperation between childcare organisations, schools and municipalities within their respective legal frameworks.

We advise and support boards, management teams and municipalities on legal and strategic issues relating to childcare and integrated child development services.