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Refused by the primary school.
Is your child refused at primary school? Then you probably have questions. Can the school refuse your child? For what reasons can they do this, and what can you do?
When can the school refuse your child?
A school cannot refuse your child just like that. Every school must have a clear policy about admission and refusal. If your child is refused, the school must always explain why. The school can refuse your child for some different reasons:
- The school is full
- Parents do not accept the belief system (like religion or conviction) of the school
- The school offers a special type of education on top of the regular education program
Besides the situations above, there are other situations where a primary school can refuse your child. For example, a school can refuse your child if the child is not yet toilet trained. It can also be that agreements are made in your community about how children are divided over schools. Sometimes your child then must go to school in your own neighborhood.
It also happens that there is a lottery, or that the school makes sure brothers and sisters can go to the same school. The last is called priority rules.
The school is full
In some places, primary schools are full. There is no space left for your child. If the primary school you choose is indeed full, this school can refuse your child. Often schools use waiting lists to keep track of registrations. If the school is full, no duty of care applies.
Parents do not accept the belief system (like religion or conviction) of the school
Schools with special education, such as Christian or Islamic schools, can ask you as a parent to accept their belief system. This means you accept the school’s beliefs, and your child must also take part in all activities related to them. These can be celebrating Christmas or Sugar Festival or joining certain rituals. If you do not want your child to take part in these activities and do not accept the belief system, the school can refuse your child for this reason. This must be clear in the school’s policy on admission and refusal. In this case, the school has no duty of care.
Note: a public school cannot refuse your child for this reason.
The school offers a special type of education
Some schools offer special types of education on top of regular education. These schools can set extra admission rules. For example, if the school focuses on theater, music, or art, your child may have to audition. Or if the school has special sports classes, your child must meet the school’s admission rules. If your child does not meet these rules, the school can refuse your child. These rules must be clear in the school’s policy on admission and refusal.
When can the school not refuse your child?
Voluntary parent contribution
A school cannot refuse your child if you do not pay the voluntary parent contribution.
The school cannot give your child the right support
If your child needs extra support, the school cannot just refuse your child. If your child is refused, the school must explain the refusal well. The school will first check if they can give the right support, for example with help from the partnership tailored education. The school must always explain the refusal well. In this case the school has a duty of care: they must make sure your child can go to another, suitable school. The primary school has six weeks to do this and can extend this by up to four weeks.
If the school still has not made a decision after ten weeks, it will temporarily enrol your child until the decision is made.
If your child is on the waiting list and needs support, the duty of care begins as soon as your child’s turn comes.
Refused? What now?
If your child is refused, the school must explain in a letter why. If your child is refused because the school cannot give the right support, the school must offer another school.
If your child is refused for another reason, for example because the school is full, you are responsible for finding another school for your child.
Disagree with the refusal?
If you disagree with the decision to refuse your child, you can send a written complaint to the school governing body within 6 weeks and talk with the school. Then the school governing body will decide within 4 weeks if they will accept your child. During these 4 weeks, the school must give you the chance to tell your side. If you do not agree with the new decision, you can appeal to the court.
Dispute committee tailored education
If your child is refused because of a support need and you do not agree, you can send a dispute to the dispute committee tailored education within 6 weeks of the refusal.
If you have also made a complaint to the school governing body, the body will wait for the dispute committee’s decision before making a decision on your complaint.
Questions or personal advice?
Do you have questions about this topic, would you like advice regarding your situation, or just a listening ear? Then please contact us via 088-6050101, email vraag@oudersenonderwijs.nl or WhatsApp ons.