2007-09-10, verzoekschrift

Alle Openbare Scholen (All public schools)
14.63 After the decision of court (23 March 2005, PRODUCTION b2) no other option
remained than application for all schools. Parents choose for all (7) public schools
because appeals against negative decisions of public schools – which were
anticipated – could be done without invoking a sollicitor. The aid of a sollicitor
was considered to be to expensive as parents had experienced after the appeals
against the IVKO [see 14.61].
All schools denied admission. Parents appealed against all decisions. After
appeals of statemented pupils schools are not allowed to decide on appeal then
after recommendations of the statutory implemented ACTB only.
The ACTB refused to give advice on three decisions as she considered these
schools of the type that had to select on ability. These schools didn’t decide on
appeal.
The ACTB advised on four decisions and equally motivated [PRODUCTIONS
d1, e1, f1, one school omitted] that it was reasonable that the schools denied
admission on assuming that Sterre would not certify. The schools decided (at last)
on appeal and denied admission [PRODUCTIONS e4, f4, two schoold omitted].
Parents appealed against the decisions of three schools. Court upheld the decisions
of the schools identically motivated although the schools motivated on different
grounds [7 July 2006, PRODUCTION e5, f5, one school omitted].
Calandlyceum
14.64 Parents appealed against one decision of court only as appeals against three
schools would be of no use. The Council of State upheld the decision of the court
(rechtbank Amsterdam) regarding the Calandlyceum.
As it became evident after the three verdicts of the Court that no school had to
admit Sterre parents made a reference to article 2 First Protocol of the Convention
in their appeal at the Council of State [PRODUCTION f6, Eerste Aanvulling].
The Council of State disregarded this appeal.
The verdict of the Council of State rules that the inability of a pupil to certify is a
ground on which a school can decide to reject admission. As schools in the
Netherlands have comitted themselves to prevent premature leaving schools and
use the more or less the same rules as given in the Kernprocedure, no more
remedy seems to exists.
Ploeger en Brouwers - Staat der Nederlanden blz 17 / 478