Duty of care schools tailored education.

What is duty of care?

Duty of care means that a school must provide tailored education for your child. This applies in two situations.

When you register your child at a school, the school looks to see if they can offer the support your child needs. If they cannot, the duty of care means the school must help to find a suitable alternative.

If your child already goes to school and it appears more support is needed, the school first investigates what your child needs and what support is possible. You as a parent are involved in this. If extra support is needed, the school makes a development perspective plan.

If the school cannot provide the right support, they involve the partnership tailored education and, if needed, look for another suitable school together with you. Your child stays at the current school until another suitable place is found.

Duty of care applies to all schools in primary and secondary education. The only schools where duty of care does not apply are cluster 1 and cluster 2 schools in special education.

What must the school do?

If your child needs extra support, the school must comply with the duty of care:

• investigate what your child needs
• try to arrange the support at school itself
• involve you as a parent and in case of extra support draw up a development perspective plan
• involve the partnership tailored education and arrange extra support from there
• if that is not possible, look for another suitable place

What can you expect as a parent?

As a parent, you can expect to be involved by the school. This is also part of the duty of care within education. The school must:

• involve you in important steps
• explain well what is possible
• take your opinion seriously
• ask for your agreement for the action part of the development perspective plan

Registration with a support need

If your child needs extra support, it is important to mention this already when registering at the school. Duty of care starts from the moment you register your child in writing.

Your child cannot be refused because of a support need. The school must then investigate what your child needs and if they can provide that support.

Sometimes the school asks for extra information, for example a report or research. Based on that, the school looks if your child can get a suitable place, at their own school or elsewhere.

When does duty of care not apply?

Duty of care does not apply:

• for private schools
• if the current school offers a suitable place and parents choose to decline the offer. Parents are then responsible for finding another place
• if the school where the child is registered is full. This must apply to all students
• if the parents refuse to endorse the school’s foundation
• children under 3 years old. You may not register them yet
• parents who register their child at multiple schools must indicate which school is their preference. That school has the duty of care
• if the student does not meet the admission requirements, for example with registration on a different level than advised by the old school. Or if it is a school with a special procedure that selects students through auditions or selection training
• if a child with extra support needs registers, sometimes duty of care also does not apply