The admission and refusal of pupils at schools is an important and sensitive topic. The Netherlands has compulsory education, which is why children must be registered at a school. Even so, in certain circumstances a school can refuse to enrol a pupil, or even send an enrolled pupil away from the school. Education law contains clear rules on the admission, suspension and expulsion of pupils. This page describes the situation in the Netherlands.
Admission and refusal of pupils at school
When a child wants to attend lessons at a school, the child must be enrolled. The parents must agree to the enrolment. If the parents are separated or divorced, the school may not enrol the child if the other parent does not agree. If a child is not enrolled at a school, the parents can be penalised. This is because compulsory education (leerplicht) applies in the Netherlands. Sometimes a school can refuse a pupil.
Refusing a pupil who needs support
A school can refuse a pupil because the pupil needs support. However, it may not simply do so. The school is required to investigate what support the child needs and whether the school can provide this support. If the school cannot provide the necessary support, it still has a duty of care (zorgplicht). It will have to arrange a suitable place for the child at another school.
Refusal based on the primary school recommendation
When leaving primary education, the pupil receives a school recommendation (schooladvies). If the result of the progression test (doorstroomtoets) is higher than that recommendation, the primary school must as a rule revise the recommendation upwards; the final school recommendation follows no later than 24 March (article 45d of the Primary Education Act, WPO). On the basis of that final school recommendation, the secondary school decides on admission to the first year (article 8.6 WVO 2020); on that basis, it can refuse the pupil. In this case, the duty of care does not apply. The school does not have to arrange another school for the pupil.
Refusal by privately governed schools
Privately governed, publicly funded schools (bijzondere scholen) sometimes have a specific religious or ideological basis. If the pupil's parents do not subscribe to the school's basis, the school can refuse the pupil. In this case, the school has no duty of care and does not have to arrange another school for the pupil. However, if there is no public school (openbare school) within a reasonable distance of the place of residence, the privately governed school can still be required to admit the child.
Refusal because the school is full
In some cities, the schools are completely full and there is no place for the pupil. If the school is demonstrably full, it can refuse the application. The school then has no duty of care. In cities or municipalities with full schools, the municipality, in consultation with the school boards, has often worked out an arrangement. Under such an arrangement, for example, pupils from certain neighbourhoods or pupils whose brothers or sisters are enrolled at the school may get priority. There are also schools where places are allocated by lottery.
Admission to special education
Special education (speciaal onderwijs) is intended specifically for pupils who need intensive or specialist support. That is why a child needs permission to attend special education. This is also known as the admissibility statement (toelaatbaarheidsverklaring). Special rules apply to children who are blind, partially sighted, hard of hearing or deaf. In that case, it is the school's Assessment Committee (Commissie van Onderzoek, CvO) that checks whether the child may attend special education.
Suspension and expulsion of pupils in primary education
A primary school can suspend or expel a pupil under certain conditions. In the case of a suspension or expulsion, the pupil temporarily or permanently no longer has access to the school. Parents can object to the suspension or expulsion in primary education. The rules are set out in article 40 of the Primary Education Act (Wet op het primair onderwijs).
All about primary educationSuspension in primary education
A primary school may suspend a pupil for a maximum of one week. This is also allowed when the school intends to expel the pupil permanently. A suspension is imposed, for example, if a pupil has a behavioural problem and the safety of the pupil or of other pupils is at risk. In any case, the pupil has a right to education and the suspension may not last longer than one week. If a pupil is suspended for more than one day, the school must report this to the Education Inspectorate (Inspectie van het Onderwijs). The reason must also be reported.
Expulsion in primary education
The primary school can decide to expel a pupil. First, it must hear the class teacher concerned and another school must be sought. Until another school has been found that is willing to accept the pupil, the pupil may not be expelled from the school. After all, the pupil has a right to education. When a pupil is expelled, the school board must always first listen to the parents and the pupil. The compulsory education officer (leerplichtambtenaar) must also be informed, and the school must explain the reason for the expulsion.
If the parents do not agree with the placement at the other school, the school must consult the parents and try to find a solution together. Until the pupil can go to the new school, the pupil must be given the opportunity to keep attending the current school.
Objecting to suspension or expulsion in primary education
Parents can object to a primary school's decision to suspend or expel a pupil. As far as suspension is concerned, there are often internal objection procedures. With regard to expulsion, the parents must lodge an objection with the school within six weeks of the primary school's written decision. The primary school will give the parents the opportunity to explain the objection orally. The parents also have a right to information. That is why they may inspect the file.
If necessary, the case can be brought before a court. For a public school, the administrative court has jurisdiction. For a privately governed school (bijzonder onderwijs), the civil court has jurisdiction. In proceedings before a civil court, the parents must be represented by a lawyer.
Suspension and expulsion of pupils in secondary education
Secondary schools may expel pupils in some cases. This usually only happens if the pupil has behaved seriously badly. A pupil can also be expelled if their results are insufficient. Whether or not the pupil may be expelled must be assessed case by case. The statutory rules on the admission, suspension and expulsion of pupils in secondary education are set out in Chapter 8 of the Secondary Education Act 2020 (Wet voortgezet onderwijs 2020).
All about secondary educationSuspension of a pupil in secondary education
A secondary school may suspend a pupil for a maximum period of one consecutive week. However, if the suspension lasts longer than one day, the Education Inspectorate must be informed. The reason must also be given to the Education Inspectorate. If a secondary school plans to expel a pupil, this must first be discussed with the Education Inspectorate. If these consultations take longer than a week, the pupil can be suspended for longer than a week.
During the suspension, the pupil cannot take part in normal lessons at school. The school does, however, remain obliged to provide the pupil with education. The school can do this in various ways, for example by giving the pupil extra homework.
Expelling a pupil in secondary education
If a secondary school plans to expel a pupil, the parents must always be heard first. The school can, for example, expel the pupil for serious misconduct. The pupil can also be expelled because of poor school performance, but this can only happen at the end of the year. A pupil may only be expelled once a new school has been found. The secondary school must always inform the parents of the decision to expel the pupil in writing. This letter also states why the pupil is being expelled and how the parents can object to the school's decision.
Suspension and expulsion of pupils in (secondary) special education
For a pupil, suspension or expulsion is always a drastic measure. This is even more the case for pupils in special education. Special education schools are expected to be able to deal well with pupils with behavioural problems. That is why strict rules apply to suspending and expelling pupils at special education schools. The rules on suspending, admitting and expelling pupils in special education are set out in articles 40, 40a and 61 of the Expertise Centres Act (Wet op de expertisecentra).
Suspending pupils in (secondary) special education
The Expertise Centres Act includes the option of suspending pupils in special education. The school can suspend the pupil, stating its reasons, for a period of no more than one week. If the school decides to suspend, the parents (or the pupil, if they are an adult with full legal capacity) must be informed in writing. In the case of a suspension of more than one day, the school board must also inform the Education Inspectorate of the suspension and the reason for it.
Expelling pupils in (secondary) special education
There are statutory rules on expelling pupils at special education schools (so) or secondary special education schools (vso). The general rule is that the school board must always first hear the teacher or teachers and the parents. These conversations must be recorded in the pupil file. The school must then inform the parents of the expulsion in writing. The nature of the expulsion and the reasons for it must be stated very clearly in this letter.
The parents then have six weeks to make their objections known. After receiving the objections, the school must decide. However, this decision may only be taken after consulting the inspector and, if necessary, other experts. The parents must also have been able to read their advice and/or reports and must have been heard again.
In the case of pupils from (former) cluster 3 or 4, another school must first have been found that is willing to admit the pupil. For pupils from (former) cluster 1 or 2, a search for another school must have been carried out for at least eight weeks. If no school has been found by then, it is up to the compulsory education officer. In a dispute about the expulsion, the matter can be brought before the Appeals Committee for Inclusive Education (Geschillencommissie Passend Onderwijs, GPO).
Suspension and expulsion of students in higher education
The Higher Education and Research Act (Wet op het hoger onderwijs en wetenschappelijk onderzoek, WHW) contains no rules on the suspension and expulsion of students. The WHW does, however, contain provisions on the right to enrolment and the termination of students' enrolment.
All about higher educationUnilateral termination of enrolment
In a number of cases, the executive board (college van bestuur) can unilaterally terminate the enrolment. The reasons for this are set out in the WHW:
- Non-payment of the tuition fees or examination fees due
- Binding study advice (BSA)
- Fraud
- Not respecting the basis of the privately governed institution
- Abuse of enrolment at a privately governed institution
- Conduct or statements in relation to a future profession
- Nuisance caused by the student
- Enrolment does not comply with the requirements regarding nationality or place of residence
Suspension and expulsion protocol
On the basis of the statutory rules on the admission, suspension and expulsion of pupils, schools draw up a protocol. This protocol is meant to ensure that all decisions are taken correctly and that the right procedures are followed. The rules and procedures on the admission, suspension and expulsion of pupils are in principle set out in the school guide (schoolgids). Sometimes the school guide refers to the school's website, where the rules are set out.
Frequently asked questions about the admission, suspension and expulsion of pupils
The education system has strict rules and guidelines on the admission, suspension and expulsion of pupils. It can sometimes be difficult to understand these rules. This FAQ offers useful information to help you understand what you can expect and what you can do if you are faced with these situations.
How must a school report a suspension or expulsion to the Education Inspectorate?
This report must be made digitally via an electronic reporting form in the Internet Schooldossier. The school will automatically receive an acknowledgement of receipt. In any correspondence about the suspension or expulsion, the school must always include the registration number from the acknowledgement of receipt.
Is a time-out the same as a suspension?
A time-out usually means that the pupil is denied access to the school for the rest of the day. In other words, this amounts to a suspension. However, this suspension only lasts one day, which means it does not need to be reported to the Education Inspectorate. Whether a school has a time-out arrangement and what the rules are can usually be found in the school guide.
Can a pupil be expelled because of his or her parents?
The relationship between the school and the parents can be a reason to expel a pupil. In case law, it is expected that the relationship is seriously disrupted, that it is plausible that the relationship cannot be restored and that the relationship has a negative effect on the orderly functioning of the school. The relationship with the parents must therefore cause the educational process at the school to suffer.
How can I object to the suspension or expulsion?
In the first place, you can do this with the school board itself. If this does not produce the desired solution, it is also possible to go to court. This can be the civil court or the administrative court, depending on whether it is a privately governed school or a public school. Anyone who feels that the school is not communicating clearly about the procedure for suspending or expelling pupils can also go to the participation council (MR, medezeggenschapsraad). The MR has a say, together with the school, in school policy.
Who may decide to suspend or expel the pupil?
This decision may only be taken by the competent authority (bevoegd gezag). This is the school board, so not an individual teacher or mentor.
When may a primary school refuse my child?
A primary school may refuse a child if the school is full, if the child is not yet toilet-trained (unless this is due to a medical condition or disability; source: Rijksoverheid), if the municipality has made other rules on how children are distributed across schools, or if the parents do not support the school's philosophy of life or religion. In any case, a primary school may not refuse a child because the parents do not pay the voluntary parental contribution (vrijwillige ouderbijdrage).