Administrative law
Education law
Lawyers and legal experts for the entire education sector
From admission, suspension, and expulsion to funding, inspection, and participation: our mixed team of lawyers and in-house counsel knows education law and administrative law inside out.
- We worked for, among others:
Education law
Education law is a collection of various overarching areas of law. Furthermore, education has a significant amount of its own legislation, depending on the type of education. Primary, secondary, and vocational and higher education all have their own legal frameworks. The applicable rules may cover matters such as:
- Employee participation
- Liability
- Supervision and inspection issues
- Financing issues (such as subsidies)
- Employment law (as of recently, school employees are no longer subject to civil service law)
- Corporate law (articles of association, mergers and acquisitions, and financial reporting)
We have the knowledge and expertise to assume diverse roles: from advice to dispute resolution. We have an experienced team of lawyers and legal experts in the field of education law. Contact us to discuss the possibilities.
Education law within administrative law
Education is largely publicly funded and publicly regulated. As a result, education law constantly intersects with administrative law: many decisions by the Minister of Education, the Inspectorate of Education, and the Education Executive Agency (DUO) are decisions within the meaning of Article 1:3 of the General Administrative Law Act. Administrative legal protection is available against such decisions: an objection to the administrative body, an appeal to the administrative court, and a further appeal to the Administrative Jurisdiction Division of the Council of State. Educational institutions can act as both an administrative body (regarding decisions concerning pupils and students) and an interested party (towards the government). Our lawyers and in-house counsel are familiar with both sides of this coin and consistently monitor the short objection and appeal periods of six weeks.
Admission, suspension and expulsion of pupils and students
Disputes concerning admission, suspension, and expulsion form a core part of education law. In primary and secondary education, the rules are enshrined in the Primary Education Act (WPO), the Secondary Education Act 2020 (WVO 2020), and the Centres of Expertise Act (WEC); in higher education in the Higher Education and Research Act (WHW); and in secondary vocational education in the Education and Vocational Training Act (WEB). A decision to suspend or expel must be carefully prepared and justified, in line with the general principles of good governance. Furthermore, in the case of expulsion from primary and secondary education, there is an obligation to make every effort to find another school. We assist both school boards seeking to make a lawful decision, and parents and (adult) pupils wishing to challenge a decision.
Appropriate education and dispute resolution
Since the introduction of Appropriate Education, schools have a duty of care to offer every enrolled student a suitable educational placement, organized through partnerships. Disputes regularly arise regarding admissibility to (secondary) special education, the developmental perspective, and the fulfillment of the duty of care. In addition to the administrative court, special bodies play a role here, such as the Appropriate Education Disputes Committee (GPO) and the National Education Complaints Committee (LKC). We advise on establishing a comprehensive admissions and support policy and conduct proceedings before these committees and the administrative court.
Funding, subsidies, and supervision by the Inspectorate and DUO
Educational institutions rely on public funding. Decisions regarding the determination, recovery, or reduction of funding, as well as regarding subsidies , are administrative decisions against which objections and appeals may be lodged. When the Inspectorate of Education determines that quality is insufficient or that statutory regulations are not being complied with, the Minister may impose funding sanctions. Such enforcement decisions and inspection reports are legally challengeable. We assist boards with the supervision process, with comments on draft reports, and with funding proceedings against DUO and the Minister.
Participation and governance in education
Participation in education is regulated by the School Participation Act (Wms) and, for higher education, by the Higher Education Act (WHW). The participation council has rights of consent and advice that the school board must respect; disputes may be submitted to the National Commission for Disputes under the Wms. In addition, the Act on the Standardization of Top Incomes (WNT) sets limits on the remuneration of education administrators, and requirements apply regarding governance and internal supervision (the separation of governance and supervision). We advise on governance, articles of association, participation regulations, and the legal structuring of cooperation and mergers between institutions.
Frequently asked questions about education law
Is education law part of administrative law?
To a significant extent, yes. Because education is publicly funded and regulated, many decisions are decisions within the meaning of the General Administrative Law Act, subject to objection and appeal. At the same time, education also has civil and employment law aspects, so the correct route differs depending on the dispute.
Do I need a lawyer or a legal expert?
That depends on your needs. For advice, policy, contracts, and objection procedures, an experienced legal expert is often sufficient; for court proceedings, our lawyers are ready to assist. At MKB Juristen, you work with mixed teams of lawyers and in-house counsel, ensuring you never purchase too much or too little legal clout.
Who do you work for in education law?
For school boards, partnerships, secondary vocational education institutions, and universities of applied sciences, but also for parents, students, and individual employees. From a large educational group to the small vocational training center around the corner: we adapt to your scale and budget.
Legal advice on education law from MKB Juristen
Education law requires legal experts who have an overview of administrative law, employment law, and corporate law in conjunction. Our mixed teams of lawyers and (in-house) legal counsel advise and litigate across the full spectrum of the education field, from internationally operating educational organizations to the baker on the corner offering an apprenticeship. Would you like to know how we can help you? Please also view our main area of expertise: Administrative Law , or contact us directly.
Mr. Jaime Boogaers
Corporate Law · Lawyer
In specialized legal cases, it is not just about the legal rule. It is also about evidence, timing, negotiating position, and the business implications of every step.
How we help you
We advise and litigate across the full spectrum of education law.
- Admission, suspension and expulsion of pupils and students
- Appropriate education, duty of care and disputes at the GPO
- Funding, subsidies and funding sanctions
- Supervision and inspection: views and procedures against inspection reports
- Employee participation (Works Council Act) and governance, articles of association and mergers
- Employment law issues within educational organizations
Where things go wrong
In education law, the risks often lie in the procedure: a carelessly prepared or poorly motivated decision does not stand, and a missed six-week objection or appeal period is irreparable.
- Decision to suspend or remove without careful preparation and justification
- Duty of care for appropriate education not demonstrably fulfilled
- Six-week objection or appeal period expired unused
- Right of consent or advice of the works council ignored
- Funding sanction or inspection opinion left unanswered
Our approach
We first assess whether your question is of an administrative, civil, or employment law nature and then choose the fastest route. Where advice or an objection procedure suffices, we engage an in-house counsel; if litigation before the court is required, our lawyers are ready. This way, you never pay for more clout than you need.
This is how we work
From initial analysis to completion, we maintain control and monitor deadlines.
01
Intake and initial assessment
We will briefly discuss the situation, the available documents, and your primary interests.
02
Analysis of position and risks
We assess your legal position, supporting documents, deadlines, and possible next steps.
03
Strategic advice
You will receive concrete advice on the best course of action: responding, negotiating, settling, or litigating.
04
Execution
We assist with correspondence, negotiation, litigation strategy, or further legal assistance.
Specialists for entrepreneurs
We combine legal analysis with practical experience in cases for entrepreneurs, directors, and organizations.
Our team of corporate counsel and lawyers are specialists in administrative law. We assist a variety of organizations with environmental law issues, subsidies, permits, objection procedures, appeal procedures, and enforcement decisions. We have extensive experience at the negotiating table, are decisive, and can make sound assessments of opportunities and risks. Furthermore, we have extensive experience in conducting various litigation proceedings.
Frequently Asked Questions
The questions that educational organizations, parents, and employees ask us most often.
When is legal advice advisable?
Legal advice is wise as soon as pressure arises, deadlines are running, an opposing party takes a position, or when the financial or strategic interests are significant.
Can MKB Juristen also help if there is already a conflict?
Yes. We assess your legal position, advise on strategy, and can assist with correspondence, negotiation, defense, or further legal steps.
How much does specialist legal advice cost?
Specialist advice is provided on an hourly basis in principle. Where possible, we provide clarity in advance regarding the expected approach, costs, and next steps.
Can I have a no-obligation consultation first?
Yes. You can request a free consultation. We will briefly discuss your situation and indicate which course of action is likely the sensible one.
Need advice on education law?
Contact MKB Juristen. Our diverse team of lawyers and in-house counsel is happy to think along with you, from the large educational conglomerate to the small training institution around the corner.
More expertise within this team
Also view the other sections within this area of law.
Contact us
Leave your details. We will contact you to briefly discuss your situation.
Contact us
Want to know more about our services?
Then contact our specialists.
