Anyone who has just started a programme at a university of applied sciences (hogeschool) or university may not yet have heard of the binding study advice (bindend studieadvies, BSA). Or perhaps you have already received a negative binding study advice and do not know what to do now. Below you can read what you need to know about the BSA and how you can respond to a negative advice if necessary. This page describes the situation in the Netherlands.
About the binding study advice (BSA)
The binding study advice (BSA) is advice given after the first year of study to every student at a university or university of applied sciences. As the word suggests, this advice is binding, which means the university or university of applied sciences is in effect stating whether or not the student may continue the programme (a "negative binding study advice", or NBSA). The student does, however, have ways to challenge the binding study advice. Legal expenses insurance can be useful if you want to challenge a negative binding study advice.
Negative binding study advice (NBSA)
With a negative binding study advice, the educational institution believes that, on the basis of the results achieved, the student is not able to eventually complete the programme successfully. Muddling on then makes no sense. Their enrolment in the programme is then terminated and they cannot re-enrol in that programme at the same institution, unless the institution's board has attached a time limit to the rejection or the student later makes it plausible that he or she can follow the programme successfully (Article 7.8b(5) WHW). Some educational institutions do, however, give permission to switch to another type of education or programme. The student is then no longer admitted.
The institution sets the BSA standard itself. The previous cabinet's plan to cap the BSA at 30 credits (studiepunten) is not going ahead: the cabinet has no plans to change the statutory rules (answer from minister Bruins to parliamentary questions, March 2025, Aanhangsel Handelingen 2024-2025 nr. 1584). As a result, standards differ per institution, and a number of universities of applied sciences have relaxed their own standard or plan to do so.
Rules on the negative binding study advice
Universities of applied sciences and universities may not simply issue a negative binding study advice. In education law, there are clear rules on the negative binding study advice.
For example, they must first give students sufficient study guidance and must warn the student in advance. In practice, the educational institution will issue a warning after the first semester. The student then still has the chance to avert a negative binding study advice. Some educational institutions also immediately state the conditions for averting the negative binding study advice.
The requirements applied are always included in the Teaching and Examination Regulations (onderwijs- en examenregeling, OER). This makes everything clear to the student straight away. These regulations must also state to what extent personal circumstances are taken into account, which is also an obligation. Moreover, the student always has the right to be heard. In fact, the failure must be due to the student's abilities and not to personal circumstances or to failings of the educational institution.
The advice is then formally issued by the institution's board (Article 7.8b of the Higher Education and Research Act, WHW).
In addition, at the start of the programme the educational institution must inform students that binding study advice is used. If the educational institution has not done this (properly), the NBSA can be challenged.
Finally, it is good to know that the advice is given no later than the end of the first year. As long as the student has not passed the propaedeutic examination (propedeutisch examen), the institution may also issue the advice later; a binding rejection may not be given earlier than towards the end of the first year (Article 7.8b WHW). More about tests and exams can be found on the page tests, assessments and exams.
Appealing against a negative binding study advice
The fact that the study advice is binding does not mean that the student simply has to accept it. The student can always lodge an appeal against it. The student does this with the Examination Appeals Board (College van Beroep voor de Examens, CBE). Through an interim measure, the student can then still take part in the resits. A further appeal against the decision of the Examination Appeals Board can be lodged with the Higher Education Appeals Tribunal (College van Beroep voor het Hoger Onderwijs, CBHO).
Be careful when invoking personal circumstances
Students who receive an NBSA often invoke personal circumstances. It is important to know that such personal circumstances must always be reported to the study adviser as soon as possible. Waiting until an NBSA to suddenly invoke personal circumstances is therefore not recommended. Also bear in mind that these personal circumstances must be proven and that it must be shown that they affect your studies.
Challenging a negative binding study advice step by step
A student really does not have to accept a negative binding study advice. Student organisations such as the LSVb (National Union of Students, Landelijke Studentenvakbond) have long opposed this way of working, because students are given too few chances and too much responsibility is shifted away from the educational institution. Do you think the negative advice is unjustified? Then follow the step-by-step plan below.
- Lodge an appeal with the CBE
The student must lodge an appeal with the CBE within six weeks of receiving the negative binding study advice. So do not delay and take action in time. Internal, informal objection procedures are also not a good idea, because they can sometimes cause the six-week deadline to be exceeded. The student must then write a notice of appeal and state why he or she is suitable for the programme. In practice, the student must then show that the failure is not due to his or her personal abilities, but to personal circumstances. The personal circumstances the student can rely on are illness, pregnancy, special family circumstances, board membership, top-level sport and physical, sensory or other disorders. Always provide evidence of this.
More about legal problems as a student - Apply for a provisional measure
It is possible that the CBE's decision will take a while. If there is a risk of study delay as a result, the student should ask for a provisional measure (voorlopige voorziening). This can simply be done in the notice of appeal. It is usually granted. While awaiting the decision, the student can then simply continue their studies.
- Lodge a further appeal
If the CBE's decision is also unfavourable, a further appeal can be lodged with the CBHO. Here too, this must be done within six weeks. A notice of appeal must also be submitted here. The case is then dealt with by one or three judges, and an urgent procedure is possible. You are allowed to be represented by a lawyer. This is certainly recommended if the student has legal expenses insurance.
Frequently asked questions about the (negative) binding study advice
For a student, receiving a binding study advice (BSA) can be an unfortunate and confusing moment. There may be questions about the rules and conditions that apply. Below is a list of frequently asked questions about the (negative) binding study advice.
When does my educational institution issue an NBSA?
You can read this in the applicable OER. The standard is set out in the OER and differs per programme. From past results, educational institutions know what the threshold is for still having a real chance of success.
An NBSA is often drawn up automatically. There is a good chance that nobody has looked at the file personally. Only by lodging an appeal will that happen.
Can I return to the same programme later?
Perhaps. At most educational institutions this is possible at least one year later, with the permission of the director. You must then explain why it would work this time.
Can an educational institution attach conditions to a BSA?
No. During the first year of study, they can indicate how many credits the student still needs to obtain to avoid an NBSA. However, they cannot issue a positive binding advice subject to conditions. The law provides that the advice is issued no later than the end of the first year of enrolment; as long as the student has not passed the propaedeutic examination, the institution's board may also issue an advice later (Article 7.8b WHW). Not all educational institutions apply this correctly. Even if they give someone the benefit of the doubt, they cannot change their mind the following year of study.
Is it useful to deregister after a warning?
If it is already clear that it will be very difficult to avoid an NBSA, this can be useful. The student can then start again the following year of study. The results of the previous year of study are then no longer taken into account. Of course, the BSA standard must then be met again.
Do all courses count towards the BSA standard?
Check the OER again for this. At many educational institutions, some elective course credits do not count towards the BSA standard. Whether this is the case and which courses are involved can be found in the regulations.