2007-09-10, verzoekschrift

Cooperation (Samenwerkingsverband)
14.59 Schools with a vmbo-type of education-component are affiliated to a cooperation
(‘Samenwerkingsverband’) as ruled in article 10h of the Secondary Education Act
(WVO). The Samenwerkingsverband aims the participation of pupils that have
some form of special needs in mainstream education. About 80% of secondary
schools is affiliated to a Samenwerkingsverband for this reason. There are two
Samenwerkingsverbanden (28.1 and 28.2) in Amsterdam.
IVKO
Admission to secondary schools in Amsterdam is regulated in the Kernprocedure
[see 14.62]. The Samenwerkingsverband agreed with parents that this regulation
violated national law. The Samenwerkingsverband has asked their affiliated
schools whether they would consider admission of Sterre disregarding the
Kernprocedure. None of the schools would consider this then after an application
only.
The Samenwerkingsverband suggested to parents to choose one school and to
apply for it. Parents choose for the IVKO-school [see 14.61] and the
Samenwerkingsverband informed the school of parents intentions
14.60 Parents applied for the IVKO-school in februari 2004. During the rest of 2004
school and parents had several conversations about the possibility of admission
for Sterre in 2005. At last the school decided to reject the application [3
September 2004, PRODUCTION a1]. Parents appealed against this decision and
at last the Court ruled that the IVKO-school could select on ability and indeed
could deny admission [10 Maart 2005, PRODUCTION a5]
Local Authority Amsterdam (Gemeente Amsterdam, Kernprocedure )
14.61 Local authorities have a statutory duty to make agreements with their local
schools in order to prevent pupils to premature leaving school [Voortijdig
Schoolverlaten, 2000, Stb 650, PRODUCTION x8]. In Amsterdam this has
resulted in agreements given in the Kernprocedure [PRODUCTION x3 and x4].
Premature leaving school is defined as pupils quitting school without a certificate
(startkwalificatie). In the view of the Local Authority in Amsterdam and the
school boards premature leaving school is a result of having choosen a wrong type
of school by the pupil. The Kernprocedure sets rules that – considered by the
aggreeing partners – puts pupils on the right school only [PRODUCTION x2].
In 2002/2003 the Kernprocedure disregarded pupils with a CvI-statement (like
Sterre). But after a few years - from 2004/2005 onwards – the Kernprocedure
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