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Educational disputes: alternative dispute resolution in education
In the Dutch educational system, schools are obliged to adequately deal with the complaints and objections of parents. The reason for this is that acknowledging complaints and objections contributes to the quality of education. Stichting Onderwijsgeschillen (Foundation for Educational Disputes) is an impartial organisation that deals with disputes in education.
This web page is intended for of pupils in primary education, secondary education and secondary schools for special education and contains a summary of the information on this website.
Stichting Onderwijsgeschillen applies two routes to conflict resolution: mediation in conflicts and decision by committee
Mediation in conflicts
In addition to the formal handling by a committee, mediation may also be an option. Mediation allows the participants to find a suitable solution together while being mediated by an independent person. The mediator helps to restore mutual trust. This can be done if a case has been submitted to the Landelijke Klachtencommissie Onderwijs (LKC, National Educational Complaints Committee), but also prior to this. The latter situation prevents a formal procedure. The mediators of Stichting Onderwijsgeschillen are specialised in dealing with conflicts in the various fields of education and are registered with the Mediatorsfederatie Nederland (Mediators Federation Netherlands).
Decision by committee
If the school and parents do not succeed in finding a solution to a dispute together, it is possible to get a judgement from an independent committee. Various committees deal with cases spanning the entire education sector and focus on specific domains, for example on ‘passend onderwijs’ (appropriate education). The procedure of each committee is tailored to the specific subject. The general procedure applied by the committees can be summarised as follows: case submission, defence, hearing and judgement. After one party submits a case and the other party has put forward a defence, both parties are given the opportunity to explain their points of view in a hearing. The relevant committee then issues a ruling as quickly as possible, which Stichting Onderwijsgeschillen will then publish on their website.
Three committees you can contact as a parent
As a parent, you can submit a case to the Geschillencommissie passend onderwijs concerning the (refusal of) admission of a child who needs extra support, the removal of a child or the decision on or adjustment of the development perspective of a child who needs extra support.
The outcome of a procedure with the Geschillencommissie passend onderwijs is non-binding advice. School boards usually follow the advice of the committee. Mediation is no option with regard to complaints to this committee.
This committee deals with primary education, secondary education and secondary schools for special education. Schools do not have to be affiliated with the committee. You can always contact the Geschillencommissie passend onderwijs.
As a parent you can submit a complaint to this committee about the conduct, treatment or decisions by the employees of a school. The committee deals with all kinds of disputes that do not fall under the Geschillencommissie passend onderwijs (GPO, Disputes Committee for Appropriate Education). Complaints submitted may refer to: guidance and other educational matters, communication, suspension and removal, bullying, sexual harassment, discrimination, group allocation and advancing to the next year (or not).
The committee offers three options for dealing with a complaint: lodging a complaint with the school board, mediation and the formal procedure. None of the options prevents parents from also choosing either of the other options. The outcome of a procedure with the Landelijke Klachtencommissie Onderwijs is non-binding advice. School boards usually follow the advice of the committee.
This committee deals with primary education, secondary education and secondary schools for special education. You can only appeal to this committee if the school is affiliated with the committee. Information about the affiliation is available at the school.
decides whether a pupil can be admitted to a special school for primary education (SBO), (primary or secondary) school for special education (SO/VSO) or to practical education and decides whether a pupil is designated for Leerwegondersteunend Onderwijs (LWOO, Learning Support). If you, as a parent (or as the school board), do not agree with a decision by the partnership concerning the Admissibility Statement (tlv, Toelaatbaarheidsverklaring) or the LWOO decision, you can lodge an objection with the partnership (rather than with the committee). If the partnership is affiliated with the Landelijke Bezwaaradviescommissie Toelaatbaarheidsverklaring, the partnership will then ask the committee for advice. Subsequently, the partnership will come to a decision based on the committee’s advice. Mediation is no option with regard to complaints to this committee.
A partnership can only request advice from the Landelijke Bezwaaradviescommissie Toelaatbaarheidsverklaring if it is affiliated with the committee. This committee deals with primary education, secondary education and secondary schools for special education.
More information about the committees
If the disputing parties cannot find a solution together, it is possible to obtain a judgement from an independent committee. These committees handle cases spanning the entire education sector.
The committees focus on specific domains, for example on ‘passend onderwijs’ (appropriate education). They can be called in by school boards, staff members, parents, pupils, students and participation bodies in education.
The committees have been set up on the basis of legislation, collective labour agreements and agreements with educational institutions and reflect society. They are independent as each committee consists of independent external members from the legal profession or with a background in pedagogics, educational science, health care or educational administration and management. Each committee works as a team and benefits from the strength of each team member’s unique talents and experience.
Stichting Onderwijsgeschillen has a nationwide scope and believes in uniting the expertise of the various committees. By doing so, the foundation brings together knowledge and experience in various fields.