Parents have various duties. For example, parents must take good care of their child. They must provide good food, for instance, and they must make sure that children can go to school. So that parents can carry out their duties properly, they also have certain rights. One example is the right to information. This means that the school must inform the parents about the child's development, behaviour and results. This also applies to divorced parents. This page describes the situation in the Netherlands.
The school's active duty to inform
The school has an active duty to inform the parents with parental authority (ouderlijk gezag). This means that the school must inform these parents on its own initiative about important facts relating to the upbringing and care of the child. The parents are also invited to a general parents' evening. A parent without authority receives information from the school on request, unless the interests of the child preclude this (Article 1:377c of the Dutch Civil Code (Burgerlijk Wetboek, BW)).
Right to information when specialised help is involved
Sometimes a child receives extra support at school for problems that are not directly related to learning itself. For this, the school may work with specialists from outside the school. This way the child receives appropriate support. Parents are invited to the case consultation or multidisciplinary consultation. Before the consultation takes place, the parent receives information about its purpose. The parent is also entitled to information about the case consultation that has taken place, for example if a parent cannot attend. In some cases the school may freely share information with support organisations without informing the parents. This is the case, for example, when child abuse is suspected. However, this is only allowed once a pupil has been enrolled at the school.
Sharing data and parental consent
Parents not only have a right to information, they must also give their consent before personal data is shared with third parties. This follows from the General Data Protection Regulation (Algemene Verordening Gegevensbescherming, AVG). In a few special situations, however, the school may share data without the parents' consent. This is the case, for example, if the Education Inspectorate (Inspectie van het Onderwijs) requests data during an inspection. The primary school may also send the educational report (onderwijskundig rapport) to the new school without the parents' consent. The parent must, however, first be given the opportunity to see the report and must be able to respond to it.
Communicating with parents
There are various ways in which the school can inform the parents. This can be done, for example, by phone, by email, by letter, during parent meetings and so on. In theory it is also possible, for example, to communicate with parents via WhatsApp. However, this is not recommended, because contact details are shared with WhatsApp without being asked and, for example, shared photos are automatically saved in the personal photo archive. This can conflict with the AVG. That is why communicating via such tools is discouraged. It is better to communicate via school accounts and via existing communication channels that are suitable for education.
Divorced parents and the right to information
Both parents are entitled to exactly the same information about the child. It does not matter whether or not a parent takes on parenting tasks. The school will always remain neutral if the parents are divorced. More about divorce can be found on the page about divorce and legal expenses insurance. Only in very exceptional cases can the school refuse to provide certain information to a parent. The school must then explain why it does not want to provide certain information.
Parents inform each other
The starting point is that divorced parents keep each other informed about important matters concerning the child. If the parents still have joint authority after the divorce, they decide together on important matters, for example the choice of education. Agreements about this may have been made in the parenting plan (ouderschapsplan).
Sometimes only one parent has authority over the child. The other parent then has no say over the child, but remains entitled to information. The parent with authority must keep the other parent informed about important matters concerning the child and consult them on decisions about those matters (Article 1:377b BW). The parent without authority will therefore still be able to receive information about the child. For example, this parent can view information about school performance.
The school takes sensitivities into account
Most schools have internal rules relating to divorced parents. For example, many schools will take into account that the two parents do not have a good relationship with each other and will, for example, actively inform the other parent. There is often also an option for separate parents' evenings. In general, the school will want both parents to sign when enrolling the child, and possibly at other times. A single signature may also be sufficient, but the other parent then has a right to object. A school may not enrol the child if it knows that the other parent objects to this.
The school refuses to provide information
By way of exception, the school can decide not to provide certain information to (one of) the parents. This is only possible as an exception. This will be the case, for example, if there is a court order stating that (one of) the parent(s) has only a limited right to information. If the school does not share the information with the parent, it will always state why it is not doing so. If a parent believes that the school is wrongly refusing to provide information, the parent can raise this with the school or start a complaints procedure.
Step-parents and the right to information
The right to information is limited to the parents. Under the law, a step-parent or a new partner of the parent is not a parent of the child. That is why the school will, in principle, not provide information directly to the step-parent or the new partner. This is only possible if the parents with authority expressly agree to it. The school can also refuse to let a step-parent attend parents' evenings, for example if this disrupts the conversation or makes it more difficult.
Overview: who gets what information?
| Parent with authority | Parent without authority | Step-parent or new partner | |
|---|---|---|---|
| Information from the school | Yes, also actively | Yes, on request, unless the interests of the child stand in the way (Article 1:377c BW) | Only with the express consent of the parents with authority |
| Deciding on important matters, such as the choice of school | Yes | No | No |
| Parents' evening | Yes | Yes | The school can refuse this |
Other rights of parents at school
In addition to the right to information, parents also have other rights at school:
- Participation: every school has a participation council (medezeggenschapsraad), with members elected by the staff and members elected by the parents (and, in secondary education, partly by the pupils) (Article 3 of the Participation in Schools Act, Wet medezeggenschap op scholen). The participation council has, for example, a right of consent on the examination regulations, see tests, assessments and exams.
- Right to complain: parents can submit a complaint to the complaints committee about the conduct and decisions of the school board or staff; every school must have a complaints procedure (Article 14 of the Primary Education Act, Wet op het primair onderwijs).
- Voluntary parental contribution: the admission of a pupil may not be made dependent on a financial contribution from the parents (Article 40 of the Primary Education Act). More about this on the page about primary education.
Frequently asked questions about parents and the right to information
Parents naturally want to keep up to date with their child's progress at school. Fortunately, under the law parents have a right to information. This is also the case if the parents are divorced. Not only can they ask for information themselves, the school must also actively inform the parents. Sometimes, however, the school can refuse this, which can of course raise questions.
Up to what age can parents view the pupil file?
Parents have a full right to inspect the pupil file until the child is sixteen years old. Between the ages of sixteen and eighteen, parents may only view the pupil file if the pupil gives permission. However, schools must continue to inform the parents about the pupil's progress, regardless of whether the pupil wants this or not.
Does the school have to inform parents about the personal data it processes?
Yes, schools are required to inform parents and pupils about this. They must state which data is collected and what is done with it. To meet this obligation, schools will draw up a privacy statement and publish it and/or hand it to the parents and the pupil.
Can a school share information with a carer without the parents' consent?
This is only allowed if the third party can be shown to be the child's carer. The school can then share the information on the basis of a legitimate interest or on the basis of a legal obligation to report to carers. If the child lives at the same address as a third party, this may be a sign that the third party is a carer of the child.
What can a parent do if they do not receive information from the school?
Most schools have an internal complaints procedure and are affiliated with a complaints committee. The complaints committee can then decide that the parent must receive the information after all. Which complaints committee the school is affiliated with can be found in the school guide (schoolgids) or on the school's website.
Can a parent demand that the other parent does not receive information?
The school must remain neutral and will therefore not withhold information from the other parent at the request of one of the parents. Only a court decision can prevent the school from sharing information with the other parent.